Agenda packet, regular meeting, second session — Montebello City Council, January 10, 2024 (part 3 of 4)

Contract Completion
Date 7/31/2025

Project Environmental Findings
Finding: Class II(c) - Categorical Exclusions (C-List)
Class Level Description
Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws.

Categorical Exclusion Description

Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substan tial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion.

Date Description Date
Class IIc CE Approved 6/30/2023

Scope Name /
Code
Line Item
Number Line Item Name Quantity FTA Amount Total Eligible Cost

BUS - ROLLING
STOCK (111-00) 11.12.01 BUY REPLACEMENT
40-FT BUS 1 $1,832,775.00 $2,290,969.00

Project Title: Bus Facilities Renovation
Project Number Temporary Project Number Date Created Start Date End Date CA-2023-202-02-00 1657-2023-1-P2 6/28/2023 1/25/2023 3/31/2025

Project Description

PROJECT FUNDING
Federal Funds (80%):

Federal Section 5307 (UZA #060020) (80%)
FY 2019 Section 5307 (UZA #060020): $4,073,376
FY 2020 Section 5307 (UZA #060020): $2,240,702
Total Federal Funds: $6,314,078

Local Match (20%):

Senate Bill 1 (SB1): $1,578,520
Total Local Match: $1,578,520

Total Project Cost: $7,892,598

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The project overall cost including additional local funding is $11,836,321.

This grant applies to the FY19 Section 5307 funds of $4,073,376 and FY20 Section 5307 funds of $2, 240,702 for a total of Section 5307 funds of $6,314,078 for bus facilities renovation. The grant funds the bus facilities renovation projects that include the replacement of equipment that has exceeded the expected useful life with new energy-efficient equipment that will result in substantial annual energy and maintenance savings. The projects will replace the heating, ventilation, and air conditioning (HVAC) system and roofing of the City’s Transportation Facility which is within the transportati on right-of-way.

The new HVAC system replaces a noncompliant HVAC system that was installed in 1996.

The .75% safety expenditure requirements per FTA Section 5307 are included in the bus facility renovation project. The 1% security expenditure requirements per FTA Section 5307 are included in the bus facility renovation project.

Project Benefits
The City’s Transportation Facility (Facility) has not been majorly renovated since it was built in 1996.

Consequently, the Facility operates with very low energy efficiency due to facility equipment that has exceeded the expected useful life. The project objective is to increase annual savings by enhancing energy efficiency with solar and energy-saving equipment and reducing operations and maintenance expenses as a result of new equipment and warranty. The expected useful life of the new equipment is 20 years. The new HVAC system replaces a noncompliant HVAC system that was installed in 1996.

Additional Information
None provided.

Location Description
The City of Montebello (City) services the cities of Alhambra, Bell Gardens, Commerce, La Mirada, Los Angeles, Montebello, Monterey Park, Pico Rivera, Rosemead, San Gabriel, Santa Fe Springs, South Gate, Vernon, Whitter, and portions of Unincorporated Los Angeles County. The City’s service area is comprised of the City of Montebello proper and a .25-mile radius from any fixed route bus stop, which encompasses a population of 361,624 individuals. Services provided include eight (8) fixed route bus lines, comprising of seven (7) local routes and one (1) express route.

The City’s Transportation Facility is located at:

400 S Taylor Ave
Montebello, CA 90640

Project Location (Urbanized Areas)
UZA Code Area Name
060000 California
060020 Los Angeles--Long Beach--Anaheim, CA

Congressional District Information
State District Representative
California 27 Judy Chu
California 32 Grace F Napolitano
California 38 Linda T Sanchez
California 39 Young Kim
California 40 Lucille Roybal-Allard

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California 34 Jimmy Gomez

Program Plan Information

STIP/TIP
Date: 7/7/2023
Description: TIP ID LA9919154 - Bus Facilities Renovation

UPWP
Date: N/A
Description: N/A

Long Range Plan
Date: N/A
Description: N/A

Project Control Totals
Funding Source Section of
Statute
CFDA
Number Amount
5307 - Urbanized Area Formula Grants (2013 and
forward) 5307-2A 20507 $6,314,078
Local $0
Local/In-Kind $1,578,520
State $0
State/In-Kind $0
Other Federal $0
Transportation Development Credit $0
Adjustment $0
Total Eligible Cost $7,892,598

Project Budget
Project
Number Budget Item FTA Amount Non-FTA
Amount
Total Eligible
Amount Quantity
CA-2023-202-
02-00
114-
00 (114-
A2)
BUS: SUPPORT

EQUIP AND

FACILITIES
$6,314,078.00 $1,578,520.00 $7,892,598.00 1
CA-2023-202-
02-00

11.44.03 REHAB/

RENOVATE
- ADMIN/
MAINT

FACILITY
$6,314,078.00 $1,578,520.00 $7,892,598.00 1

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Project Budget Activity Line Items
Budget Activity Line Item: 11.44.03 - REHAB/RENOVATE - ADMIN/MAINT FACILITY Scope Name / Code Line
Item # Line Item Name Activity Quantity
BUS: SUPPORT

EQUIP AND
FACILITIES (114-00)

11.44.03 REHAB/RENOVATE -

ADMIN/MAINT

FACILITY

REHAB/RENOVATE BUS
SUPPORT FACIL/EQUIP 1

Extended Budget Description

PROJECT FUNDING

PROJECT FUNDING
Federal Funds (80%):

Federal Section 5307 (UZA #060020) (80%)
FY 2019 Section 5307 (UZA #060020): $4,073,376
FY 2020 Section 5307 (UZA #060020): $2,240,702
Total Federal Funds: $6,314,078

Local Match (20%):

Senate Bill 1 (SB1): $1,578,520
Total Local Match: $1,578,520
Total Project Cost: $7,892,598

The project overall cost including additional local funding is $11,836,321.

The new HVAC system replaces a noncompliant HVAC system that was installed in 1996.

Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item.

Funding Source Section of
Statute
CFDA
Number Amount
5307 - Urbanized Area Formula Grants (2013 and
forward) 5307-2A 20507 $6,314,078
Local $0
Local/In-Kind $1,578,520
State $0
State/In-Kind $0
Other Federal $0

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Transportation Development Credit $0
Adjustment $0
Total Eligible Cost $7,892,598

Milestone Name Est. Completion
Date Description
Contract Award 1/25/2023 Contract awarded in accordance with California Government Code Section 4217.

Issue RFP 1/25/2023 Contract awarded in accordance with California Government Code Section 4217.

Start Work 1/26/2023
Work Completion 12/31/2024
Contract Completion 3/31/2025

Categorical Exclusion Description

Type 08: Maintenance, rehabilitation, and reconstruction of facilities that occupy substantially the same geographic footprint and do not result in a change in functional use, such as: improvements to bridges, tunnels, storage yards, buildings, stations, and terminals; construction of platform extensions, passing track, and retaining walls; and improvements to tracks and railbeds.

Date Description Date
Class IIc CE Approved 6/30/2023

Scope Name / Code Line Item
Number Line Item Name Quantity FTA Amount Total Eligible Cost
BUS: SUPPORT

EQUIP AND
FACILITIES (114-00)

11.44.03 REHAB/RENOVATE
- ADMIN/MAINT

FACILITY
1 $6,314,078.00 $7,892,598.00

Project Title: Bus Replacements
Project Number Temporary Project Number Date Created Start Date End Date CA-2023-202-03-00 1657-2023-1-P3 8/2/2023 12/31/2023 7/31/2025

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Project Description

PROJECT FUNDING
Federal Funds (80%):

Federal Section 5307 (UZA #060020) (80%)
FY 2023 Section 5307 (UZA #060020): $1,764,600
Total Federal Funds: $1,764,600
Local Match (20%):

Senate Bill 1 (SB1): $441,150
Total Project Cost: $2,205,750

This grant applies $1,764,600 in FY23 Section 5307 funds to bus replacement. The combined funding for the two (2) bus replacement projects will fund the purchase of three (3) replacement 40-foot fuel cell electric buses (FCEBs) for an overall project cost of $4,496,719. The grant funds the purchase of three ( 3) replacement fuel cell electric buses (FCEBs) that have an expected minimum useful life of 12 years and/or 500,000 miles. The three (3) hybrid buses that will be replaced have met their minimum useful life of 12 years and/or 500,000 miles and will be disposed of in accordance with Federal requirements.

The FCEBs will meet the Clean Air Act standards (CAA) and the Americans with Disabilities Act (ADA) requirements.

Listed below are the three (3) buses identified to be replaced by the new FCEBs.

1) Bus # 2920
Manufactured in 2008
VIN# - 5FYU5Y139B036852
Placed in Service 2009
Total Mileage - 477,076
Removed from Revenue Service - Currently in Service
Condition Good
Original Grant Purchased under CA-90-Y692

2) Bus # 2901
Manufactured in 2008
VIN# - 5FYU5KY199B036721
Placed in Service - 2009
Total Mileage - 435,520
Removed from Revenue Service - Currently in Service
Condition Good
Original Grant Purchased under CA-90-Y692

3) Bus # 2904
Manufactured in 2008
VIN# - 5FYU5KY149B036724
Placed in Service - 2009
Total Mileage - 355,306
Removed from Revenue Service - Currently in Service
Condition Good
Original Grant Purchased under CA-90-Y692
Project Benefits
These replacement buses will support the City of Montebello’s (City) mission to serve its disadvantaged communities by providing efficient transit service that is committed to quality, safety, and excellence.

The City’s overall objective is to provide reliable transportation to the riding community by connecting passengers to stations and stops for education, employment, and other activities and opportunities in the service area and the region. The City connects passengers to many regional activity centers su ch as East Los Angeles College (ELAC), Metro E Line, and the cities of Alhambra, Bell Gardens, Commerce, La Mirada, Los Angeles, Montebello, Monterey Park, Pico Rivera, Rosemead, San Gabriel, Santa Fe Springs, South Gate, Vernon, Whitter, and portions of Unincorporated Los Angeles County.

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Additional Information
None provided.

The City’s Transportation Facility is located at:

400 S Taylor Ave
Montebello, CA 90640

Project Location (Urbanized Areas)
UZA Code Area Name
060000 California
060020 Los Angeles--Long Beach--Anaheim, CA

Program Plan Information

STIP/TIP
Date: 7/7/2023
Description: TIP ID LA9919107 - Bus Replacements

UPWP
Date: N/A
Description: N/A

Long Range Plan
Date: N/A
Description: N/A

Project Control Totals

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Funding Source Section of
Statute
CFDA
Number Amount
5307 - Urbanized Area Formula Grants (2013 and
forward) 5307-2A 20507 $1,764,600
Local $0
Local/In-Kind $441,150
State $0
State/In-Kind $0
Other Federal $0
Transportation Development Credit $0
Adjustment $0
Total Eligible Cost $2,205,750

Project Budget
Project
Number Budget Item FTA Amount Non-FTA
Amount
Total Eligible
Amount Quantity
CA-2023-
202-03-00
111-
00 (111-
A3)
BUS - ROLLING STOCK $1,764,600.00 $441,150.00 $2,205,750.00 1 CA-2023-
202-03-00

11.12.01 BUY

REPLACEMENT
40-FT BUS
$1,764,600.00 $441,150.00 $2,205,750.00 1

Project Budget Activity Line Items
Budget Activity Line Item: 11.12.01 - BUY REPLACEMENT 40-FT BUS Scope Name / Code Line Item
# Line Item Name Activity Quantity

BUS - ROLLING
STOCK (111-00) 11.12.01 BUY REPLACEMENT
40-FT BUS

BUY REPLACEMENTS -
CAPITAL BUS 1

Extended Budget Description

PROJECT FUNDING
Federal Funds (80%):

Federal Section 5307 (UZA #060020) (80%)
FY 2023 Section 5307 (UZA #060020): $1,764,600
Total Federal Funds: $1,764,600
Local Match (20%):

Senate Bill 1 (SB1): $441,150
Total Project Cost: $2,205,750

This grant applies $1,764,600 in FY23 Section 5307 funds to bus replacement. The combined funding

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for the two (2) bus replacement projects will fund the purchase of three (3) replacement 40-foot fuel cell electric buses (FCEBs) for an overall project cost of $4,496,719. The grant funds the purchase of three ( 3) replacement fuel cell electric buses (FCEBs) that have an expected minimum useful life of 12 years and/or 500,000 miles. The three (3) hybrid buses that will be replaced have met their minimum useful life of 12 years and/or 500,000 miles and will be disposed of in accordance with Federal requirements.

The FCEBs will meet the Clean Air Act standards (CAA) and the Americans with Disabilities Act (ADA) requirements.

Listed below are the three (3) buses identified to be replaced by the new FCEBs.

3) Bus # 2904
Manufactured in 2008
VIN# - 5FYU5KY149B036724
Placed in Service - 2009
Total Mileage - 355,306
Removed from Revenue Service - Currently in Service
Condition Good
Original Grant Purchased under CA-90-Y692
Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item.

Propulsion Fuel Type Vehicle Condition Vehicle Size (ft.) N/A Fuel Cell New 40 Foot

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Adjustment $0
Total Eligible Cost $2,205,750

Milestone Name Est. Completion
Date Description
RFP/IFB Issue Date 12/31/2023
The City intends to piggyback the Washington State
Master Contract, a government Agreement that has
been competitively bid. This contract was issued on
April 1, 2021, and expires on March 31, 2026.

Contract Award Date 12/31/2023
The City intends to piggyback the Washington State
Master Contract, a government Agreement that has
been competitively bid. This contract was issued on
April 1, 2021, and expires on March 31, 2026.

Initial Delivery Date 1/31/2024 15 month expected project timeline Final Delivery Date 4/30/2025
Contract Completion
Date 7/31/2025

Categorical Exclusion Description

Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion.

Date Description Date
Class IIc CE Approved 6/30/2023

Scope Name /
Code
Line Item
Number Line Item Name Quantity FTA Amount Total Eligible Cost

BUS - ROLLING
STOCK (111-00) 11.12.01 BUY REPLACEMENT
40-FT BUS 1 $1,764,600.00 $2,205,750.00

Part 4: Fleet Details

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Fleet Type: Fixed Route
Fleet Comments
June 30, 2023

The City’s service levels have not yet returned to pre-pandemic standards; in addition, the driver shortage is impacting transit service recovery. In response, the Fleet Inventory is under major revision to address the resulting spare ratio overage. As part of a comprehensive fleet assessment, the City identified 21 vehicles that either met or exceeded their useful life benchmark (ULB). These 21 vehicles are designated for the Contingency Fleet and will be reserved or retained for emergencies or other unfor eseen and FTA- justified activities. In addition, the City is following the FTA disposition requirements for three vehicles that have greatly exceeded their ULB. The City’s revised Fleet Inventory for active revenue service totals 49 vehicles. Both the revised Fleet Inventory Plan and the updated Contingency Fleet Plan documenting these changes will be uploaded to TrAMS accordingly.

Listed below are the three (3) buses identified to be replaced by the new FCEBs.

3) Bus # 2904
Manufactured in 2008
VIN# - 5FYU5KY149B036724
Placed in Service - 2009
Total Mileage - 355,306
Removed from Revenue Service - Currently in Service
Condition Good
Original Grant Purchased under CA-90-Y692
----------------------------------------------------------------------------------------------------------------------------- --------------- October 25, 2021 Notes
The Fleet Inventory has been updated; spare ratio is higher than 20% due to COVD -19 still affecting service levels.

June 30, 2020 Notes
The Fleet Inventory uploaded to TrAMS will be updated to reflect the Bus Replacement Program for FY 21 and subsequent years.

September 5, 2018 Notes
The Fleet Inventory uploaded to TrAMS shows the vehicles that will be replaced with FTA CA -90-Z085 (1 bus) and the new grant being developed (12 replacement buses).

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Upon award of grant (in process 7/3/16), MBL will purchase five (5) CNG buses to replace diesel engine buses as part of MBL’s Clean Fuel Bus Replacement Program. This grant will obligate 5307 funds for the replacement of the buses identified below:

Fleet Status

Bus #1

1. Bus #2501

2. Manufactured in 2005

3. VIN# - 5FYU4FY015C028442

4. Placed in Service – October 2005

5. Total Mileage - 298304

6. Removed from Revenue Service - Currently in Service

7. Condition – Good

8. Original Grant Purchased under – CA-90-Y268 & CA-90-Y378 (FTA – 80%)

Bus #2

1. Bus #2502

2. Manufactured in 2005

3. VIN# - 5FYU4FY015C028443

4. Placed in Service - October 2005

5. Total Mileage - 295785

6. Removed from Revenue Service - Currently in Service

7. Condition – Good

8. Original Grant Purchased under – CA-90-Y268 & CA-90-Y378 (FTA – 80%)

Bus #3

1. Bus #2503

2. Manufactured in 2005

3. VIN# - 5FYU4FY055C028444

4. Placed in Service - October 2005

5. Total Mileage - 297131

6. Removed from Revenue Service - Currently in Service

7. Condition – Good

8. Original Grant Purchased under – CA-90-Y268 & CA-90-Y378 (FTA – 80%)

Bus #4

1. Bus #2504

2. Manufactured in 2005

3. VIN# - 5FYU4FY075C028445

4. Placed in Service - October 2005

5. Total Mileage - 302340

6. Removed from Revenue Service - Currently in Service

7. Condition – Good

8. Original Grant Purchased under – CA-90-Y268 & CA-90-Y378 (FTA – 80%)

Bus #5

1. Bus #2505

2. Manufactured in 2005

3. VIN# - 5FYU4FY095C028446

4. Placed in Service - October 2005

5. Total Mileage - 283585

6. Removed from Revenue Service – Currently in Service

7. Condition – Good

8. Original Grant Purchased under – CA-90-Y268 & CA-90-Y378 (FTA – 80%)

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Current Value
I. Active Fleet
A. Peak Requirement 37
B. Spares 12
C. Total (A+B) 49
D. Spare Ratio (B/A) 32.43%
II. Inactive Fleet
A. Other 21
B. Pending Disposal 3
C. Total (A+B) 3
III. Total (I.C and II.C) 52

Part 5: FTA Review Comments
Application Review Comments
Comment By Deborah Suazo-Davila
Comment
Type Pre-Award Manager Returns Application
Date 7/31/2023
Comment
Good day Montebello Team,
Application is being returned to you with additional comments to addressed. Comments will be sent via email.

Thanks
Deborah

Comment By Deborah Suazo-Davila
Comment
Type Pre-Award Manager Returns Application
Date 8/9/2023
Comment
Good Day Montebello,
Your application is being returned with additional comments to be addressed from financial review. Comments will be sent via email and please address them as soon as possible. You application needs to pass financial review in order to move forward with the lapsing funds.

Thanks
Deborah

Application Review Comments
Comment By Jason Ciavarella

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Comment
Type Application Details
Date 8/21/2023
Comment
Transit Vehicle Manufacturers (TVM) must have an approved FTA DBE Goal prior to bidding on contract. For a current listing, see https://www.transit.dot.gov/regulations- and-guidance/civil-rights-ada/eligible-tvms-list. Recipient must ensure that all vehicles purchased are accessible and purchased from an FTA approved TVM.

Part 6: Agreement

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL TRANSIT ADMINISTRATION

GRANT AGREEMENT
(FTA G-30)
On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official signs this Grant Agreement, FTA has obligated and awarded federal assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipien t affirms this FTA Award, enters into this Grant Agreement with FTA, and binds its compliance with the terms of this Grant Agreement.

The following documents are incorporated by reference and made part of this Grant Agreement:
(1) "Federal Transit Administration Master Agreement," FTA MA(30), http://www.transit.dot.gov, (2) The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and
(3) Any Award notification containing special conditions or requirements, if issued.

WHEN THE TERM "FTA AWARD" OR "AWARD" IS USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT, "AWARD" ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT.

FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING FTA's AWARD DATE SET FORTH HEREIN.

FTA AWARD

Federal Transit Administration (FTA) hereby awards a Federal Grant as follo ws:

Recipient Information
Recipient Name: CITY OF MONTEBELLO
Recipient ID: 1657
UEI: JLK3HRGGC6T3
DUNS: 174479642

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Award Information
Federal Award Identification Number: CA-2023-202-00
Award Name: FY 2018, FY 2019, FY 2020, and FY 2023 Section 5307 - Bus Replacements and Bus Facilities Renovation
Award Start Date: 9/11/2023
Original Award End Date: 7/31/2025
Current Award End Date: 7/31/2025
Award Executive Summary: This application includes Section 5307 funding allocated for Los Angeles, CA (UZA #060020) by the following apportionment years:

FY 2018 Section 5307 Los Angeles UZA (060020): $508,664 FY 2019 Section 5307 Los Angeles UZA (060020): $5,397,487 FY 2020 Section 5307 Los Angeles UZA (060020): $2,240,702 FY 2023 Section 5307 Los Angeles UZA (060020): $1,764,600 Total Section 5307 funds: $9,911,453

Overall grant funding
Total Federal Funds: $9,911,453
Total Local Match $2,477,863
Total Eligible Project Cost: $12,389,316

The City of Montebello (City) is hereby submitting this grant application in support of the following capital projects:

1) Bus Replacement
This grant applies $508,664 in FY18 Section 5307 funds and $1,324,111 in FY19 Section 5307 funds for a total of $1,832,775 in Section 5307 funds for bus replacement. The combined funding for the two (2) bus replacement projects will fund the purchase of three (3) replacement 40-foot fuel cell electric buses (FCEBs) for an overall project cost of $4,496,719. The grant funds the purchase of three (3) replacement fuel cell electric buses (FCEBs) that have an expected minimum useful life of 12 years and/or 500,000 miles. The three (3) hybrid buses that will be replaced have met their minimum useful life of 12 years and/or 500,000 miles and will be disposed of in accordance with Federal requirements. The FCEBs will meet the Clean Air Act standards (CAA) and the Americans with Disabilities Act (ADA) requirements.

2) Facility Renovations
This grant applies $4,073,376 in FY19 Section 5307 funds and $2,240,702 in FY20 Se ction 5307 funds for a total of $6,314,078 in Section 5307 funds for bus facilities renovation. The grant funds the bus facilities renovation projects that include the replacement of equipment that has exceeded the expected useful life with new energy-efficient equipment that will result in substantial annual energy and maintenance savings. The projects will replace the heating, ventilation, and air conditioning (HVAC) system and roofing of the City's Transportation Facility which is within the transportati on right-of-way. The new HVAC system replaces a noncompliant HVAC system that was installed in 1996.

In addition to FTA's Buy America Act, which requires that the steel, iron, and manufactured goods used in

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an FTA-funded project are produced in the United States (49 U.S.C. 5323(j)(1)), the Build America, Buy America Act (BABA) (Public Law 117-58, div. G 70914(a)) now requires that construction materials used in infrastructure projects are also produced in the United States. Refer to terms and conditions in FTAs Master Agreement Section 15. The BABA requirement applies to this grant, in addition to the Buy America Act, except to the extent a waiver of requirements may apply.

3) Bus Replacement
This grant applies $1,764,600 in FY23 Section 5307 funds to bus replacement. The combin ed funding for the two (2) bus replacement projects will fund the purchase of three (3) replacement 40 -foot fuel cell electric buses (FCEBs) for an overall project cost of $4,496,719. The grant funds the purchase of three (3) replacement fuel cell electric buses (FCEBs) that have an expected minimum useful life of 12 years and/or 500,000 miles. The three (3) hybrid buses that will be replaced have met their minimum useful life of 12 years and/or 500,000 miles and will be disposed of in accordance with Feder al requirements. The FCEBs will meet the Clean Air Act standards (CAA) and the Americans with Disabilities Act (ADA) requirements.

Listed below are the three (3) buses identified to be replaced by the new FCEBs.

Indirect Costs: This award does not include an indirect cost rate.

Suballocation Funds: Recipient organization is suballocated these apportioned funds and can apply for and receive these funds directly.

Pre-Award Authority: This award is using Pre-Award Authority.

Award Budget

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Total Award Budget: $12,389,317.00
Amount of Federal Assistance Obligated for This FTA Action (in U.S. Dollars): $9,911,453.00 Amount of Non-Federal Funds Committed to This FTA Action (in U.S. Dollars): $2,477,864.00 Total FTA Amount Awarded and Obligated (in U.S. Dollars): $9,911,453.00 Total Non-Federal Funds Committed to the Overall Award (in U.S. Dollars): $2,477,864.00

Award Budget Control Totals

(The Budget includes the individual Project Budgets (Scopes and Activity L ine Items) or as attached) Funding Source Section of
Statute
CFDA
Number Amount
5307 - Urbanized Area Formula Grants (2013 and
forward) 5307-2A 20507 $9,911,453
Local $0
Local/In-Kind $2,477,864
State $0
State/In-Kind $0
Other Federal $0
Transportation Development Credit $0
Adjustment $0
Total Eligible Cost $12,389,317
(The Transportation Development Credits are not added to the amount of the Total Award Budget.)

U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements:

DOL Decision: DOL Concurs - Certified
DOL Review Date: 9/11/2023
DOL Certification Date: 9/11/2023

Special Conditions

There are no special conditions.

FINDINGS AND DETERMINATIONS

By signing this Award on behalf of FTA, I am making all the determinations and findings required by federal law and regulations before this Award may be made.

FTA AWARD OF THE GRANT AGREEMENT

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Awarded By:

Ray Tellis
Regional Administrator

FEDERAL TRANSIT ADMINISTRATION
U.S. DEPARTMENT OF TRANSPORTATION
Contact Info: [email protected]
Award Date: 9/11/2023

EXECUTION OF THE GRANT AGREEMENT

Upon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement.

By executing this Grant Agreement, the Recipient intends to enter into a legally binding agreement in which the Recipient:
(1) Affirms this FTA Award,
(2) Adopts and ratifies all of the following information it has submitted to FTA:
(a) Statements,
(b) Representations,
(c) Warranties,
(d) Covenants, and
(e) Materials,
(3) Consents to comply with the requirements of this FTA Award, and (4) Agrees to all terms and conditions set forth in this Grant Agreement.

Executed By:

CITY OF MONTEBELLO

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ATTACHMENT B

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ITEM # 15

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Adrianna Kendricks, Director of Transportation

SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3698 WITH PCAM, LLC DBA “PARKING COMPANY OF AMERICA” TO EXTEND

PROFESSIONAL SERVICES NECESSARY FOR THE METROLINK

RAIL FEEDER SHUTTLE SERVICES

DATE: January 10, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 3698 with PCAM, LLC dba “Parking Company of America” (PCA), to extend professional services necessary for the Metrolink Rail Feeder Shuttle Services for year two of the three (3) additional one- year (1) terms authorized under the original agreement with compensation of an amount not-to-exceed Five Hundred Twenty Thousand, Five Hundred and Six Dollars ($520,506); and

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

FISCAL IMPACT:

The cost for necessary services annually is for a total not-to-exceed amount of Five Hundred Twenty Thousand, Five Hundred and Six Dollars ($520,506). Funding for the agreement amendment will be allocated from the Transportation Department’s Fiscal Year 2023-24 adopted operating budget: Transit Operations expense Account No. 600- 90-910-6040.10 (Contract Services, Outside Contracts). Therefore, a budget amendment is not needed.

BACKGROUND/DISCUSSION:

On October 10, 2019, the City of Montebello (City) entered into Agreement No. 3698 (see

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Attachment A) with PCAM, LLC dba “Parking Company of America” to provide Montebello Bus Lines (MBL) with equipment, goods, and services necessary for the operation of the Metrolink Rail Feeder Shuttle Service. These services include providing transportation for commuters to and from the Montebello/Commerce Metrolink Station.

Agreement No. 3698 called for a three-year initial term with an option to extend for three (3) additional, one-year terms.

On October 11th, 2023, formalized Amendment No. 1 to Agreement No. 3698 was presented to the City Council and approved for the annual amount of Five Hundred Five Thousand, Three Hundred Fifty-Nine ($505,359). However, the proposed service cost did not accurately reflect the parties' agreed upon payment schedule. During Fiscal Year 2022-23, the parties exercised their right to extend Agreement No. 3698 without formalizing the extension via a memorialized amendment. The proposed Amendment No. 1 makes a note of that first year extension and formally memorializes the parties’ right and intent to extend Agreement No. 3698 for year two of the three (3) additional one-year terms. Hence, staff is requesting the City Council’s subsequent approval for the second- year extension amount of Five Hundred Twenty Thousand, Five Hundred and Six Dollars ($520,506).

MBL offers the Montebello Link Program to provide a reservation based, no-cost, and semi-fixed transportation service that aims to bridge the commute gap for weekday commuters to and from the Montebello/Commerce Metrolink Station and local areas of employment in Montebello, Commerce, Pico Rivera and Monterey Park. PCA offers transportation for approximately 1,600 commuters every month and communicates ridership data on a monthly basis to MBL staff. Over the past three years, this service has evolved to play a pivotal role in fostering enhanced accessibility and mobility for the workforce, thereby contributing to MBL’s goal of delivering quality transit services to Montebello and surrounding communities.

Furthermore, an amendment is required with PCA to continue to provide uninterrupted transportation to commuters who depend on such service to access local areas of employment.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends the City Council approve Amendment No. 1 to Agreement No. 3698 with PCA, attached hereto in substantial form (see Attachment B), to extend the professional services necessary for the Metrolink Rail Feeder Shuttle Services for year two of the three (3) additional one-year (1) terms and authorize the City Manager and/or his designee, to execute Amendment No. 1 on behalf of the City.

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ATTACHMENT(S)

1. Attachment A – Agreement No. 3698 with PCAM, LLC dba “Parking Company of America”

2. Attachment B – Proposed Amendment No. 1 to Agreement No. 3698

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ATTACHMENT A

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ATTACHMENT B

CITY OF MONTEBELLO
AMENDMENT NO. 1
TO AGREEMENT NO. 3698
WITH PCAM, LLC dba PARKING COMPANY OF AMERICA
This Amendment No. 1 to Agreement No. 3698 (“Amendment No. 1”) is made and entered into as of the 10 th day of January 2024 (“Effective Date”), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California (“City”), and PCAM, LLC dba Parking Company of America, a corporation duly organized and existing under the law of the State of California, (“Contractor”). City and Contractor are sometimes hereinafter referred to collectively as the “Parties”.

RECITALS
WHEREAS, City and Contractor are Parties to that certain Contract Agreement No. 3698 to provide equipment, goods, and services necessary for the Metrolink Rail Feeder Shuttle Services with an “Effective Date” of October 10, 2019 (“Agreement”), pursuant to which City contracted with Contractor to provide services as defined in the Agreement; and
WHEREAS, Article XXI (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and WHEREAS, per Article IV (“Compensation”) the Agreement commenced on the Effective Date and is valid for an initial three-year (3-year) term, with options to renew for up to three (3), additional, one-year terms; and
WHEREAS, during fiscal year 2022-2023, the Parties exercised their right to extend the Agreement for the first year of the three (3) additional one-year terms, however, by no fault of their own, did not memorialize the exercise of that first-year extension; and
WHEREAS, the Parties each being mutually satisfied with the other’s performance thereof, hereby desire amend the Agreement as authorized by Articles IV and XXI, and to memorialize the option to extend the Agreement for the second year of the three (3) additional one-year terms; and

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AMENDMENT NO. 1 TO AGREEMENT NO. 3698

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WHEREAS, to exercise the option to extend the Agreement for the second year of the three (3) additional one-year terms, an amendment to the “Term” and “Compensation” (further defined below) provisions of the Agreement is required.

NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

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

SECTION 2. EXTENSION OF TERM. Through this Amendment No. 1, the Parties hereto agree to extend the term for the second year of the three (3) additional one-year terms of the Agreement from October 10, 2023, to October 9, 2024, as authorized under Article IV of the Agreement.

SECTION 3: AMENDMENT TO COMPENSATION. Through this Amendment No. 1, the Parties hereto agree to amend the compensation for the purposes of incorporating costs associated with the term extension of the Agreement as set forth in Section 2 (above), for the second year of the three (3) additional one-year terms as follows:
“The agreed-upon compensation for the contract services contemplated in the Agreement and memorialized in Amendment No. 1 shall not exceed the annual amount of Five Hundred Twenty Thousand, Five-Hundred and Six Dollars ($520,506). Such sum shall include all amounts payable to Contractor for its subcontracts, leases, materials, and cost arising from, or due to termination of the Agreement. City shall pay Contractor upon thirty (30) days of receipt of invoice and full acceptance of product and services by City. Said compensation of the Amendment No. 1 shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Agreement; and also include those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risk of any description connected with the work.”

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AMENDMENT NO. 1 TO AGREEMENT NO. 3698

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SECTION 4. INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 1 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.

SECTION 5. COUNTERPARTS. This Amendment No. 1 may be executed in counterparts all of which shall constitute but one original, and the same agreement. [End of Amendment No. 1]
[SIGNATURE PAGE TO FOLLOW]

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AMENDMENT NO. 1 TO AGREEMENT NO. 3698

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IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to Agreement No. 3698 to provide equipment, goods, and services necessary for the Metrolink Rail Feeder Shuttle Services as of the day and year first above written. (“CITY”)
CITY OF MONTEBELLO, a California
municipal corporation
By:

Raul Alvarez, City Manager
(“CONTRACTOR”)
PCAM, LLC dba Parking
Company of America, a
California corporation
By:

Federal Tax Identification No.

ATTEST:

By:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

By:

Arnold M. Alvarez-Glasman,
City Attorney

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ITEM # 16

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Paul Espinosa, Police Chief

SUBJECT: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3326 WITH REDFLEX TRAFFIC SYSTEMS, INC.

DBA “VERRA MOBILITY SYSTEMS”

DATE: January 10, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Amendment No. 2 to Professional Services Agreement No. 3326 with Redflex Traffic Systems, Inc. DBA “Verra Mobility Systems” for Red Light Photo Enforcement Program; and

2. Authorize the City Manager to execute the Amendment to the Agreement on behalf of the City; and

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

FISCAL IMPACT:

The monthly cost for six (6) monitored intersections is $20,000, for a total annual contract amount of $240,000. Funds for red light photo enforcement are currently budgeted in the Police Department’s Fiscal Year 2023-24, Traffic, Outside Contracts account (Account No. 100-80-810-6040.10). No budget amendment is needed as part of the recommended action.

BACKGROUND/DISCUSSION:

The Montebello Police Department currently uses Redflex Traffic Systems to monitor and operate the Red-Light Photo Enforcement program at six (6) intersections throughout the City. With limited resources for traffic enforcement, intersections monitored by the red- light photo enforcement system serve as a force multiplier in dealing with red light traffic

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violations and collisions. The program is managed by the Police Department by three (3) part-time police officers.

ENVIRONMENTAL:

N/A

ANALYSIS:

Redflex Traffic System has been servicing photo enforcement programs across the world for nearly twenty (20) years, making them the longest established photo enforcement service provider in North America. Redflex has partnered with over 500 communities in that time, and 24 in California, including, Culver City, Garden Grove, Oxnard, and Solana Beach. Maintaining the existing services offers both a public and economic advantage.

Consistency in service delivery ensures a reliable and familiar experience for the City, contributing to overall community satisfaction and trust. Economically, continuity can lead to cost efficiencies through streamlined processes and resource optimization.

Agreement No. 3326 (Attachment B) commenced December 13, 2017 for an initial five (5) year term. Section 4.0 of the agreement allows for two (2), one-year extensions. The first of these extensions was executed on December 13, 2022. Amendment No. 2 (Attachment A) would be the second of the two, one-year extensions. Staff will work within the City's purchasing and procurement guidelines to extend these important traffic safety services beyond December 2024.

SUMMARY:

Staff is recommending that the City Council approve Amendment No. 2 (Attachment A) to Agreement No. 3326 (Attachment B) with Redflex Traffic Systems, Inc. DBA “Verra Mobility Systems” to provide red light photo enforcement services to the City of Montebello for the period ending December 13, 2024. Sufficient funding for these services is included in the adopted FY 2023-24 budget.

ATTACHMENT(S)

1. Attachment A - Redflex Amendment No. 2

2. Attachment B - Agr No. 3326 - Redflex Traffic System, INC.

3. Attachment C - Amendment No.1-Agr. No. 3326

4. Attachment D - 12.11.23- Letter Contract Extension, Montebello PD

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ATTACHMENT A

CITY OF MONTEBELLO
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3326
WITH REDFLEX TRAFFIC SYSTEMS, INC. DBA “VERRA MOBILITY SYSTEMS” This Amendment No. 2 to the Agreement No. 3326 (“Amendment No. 2”), is made and entered into this _____ th day of _____________ 20__, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and Redflex Traffic Systems, Inc. dba Verra Mobility Systems (“Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Consultant and the City entered into that certain Agreement for Red Light Photo Enforcement Services by and between the City of Montebello and Redflex Traffic Systems, Inc. dated December 13, 2017 (“Agreement”), pursuant to which City retained Consultant to provide Red Light Photo Enforcement Services, as further described in the Agreement; and
WHEREAS, on or about December 13, 2022, the Parties extended the Agreement for an additional one (1) year term via the Amendment No. 1; and WHEREAS, Section 4.0 of the Agreement provides that the Party may agree in writing to amend the Agreement upon such terms and conditions as mutually agreed to by the Parties; and
WHEREAS, the City and Consultant desire to enter into this Amendment No. 2 to extend the Agreement term for one (1) additional year as permitted by the Agreement; and
NOW THEREFORE, in consideration of the mutual promises and covenants 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 4.0 of the Agreement [TERMS] is amended to read as follows:
“4.0 TERMS
The term of this Contract shall commence on the Effective Date and shall continue for a one (1) year term in effect until December 14, 2024, unless terminated at an earlier date pursuant to the provisions of this Agreement.”

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AMENDMENT NO. 2 TO AGREEMENT NO. 3326

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SECTION 2. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement and Amendments No. 1 (collectively “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]

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AMENDMENT NO. 2 TO AGREEMENT NO. 3326

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IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO REDFLEX TRAFFIC SYSTEMS, INC.
dba Verra Mobility Systems
Raul Alvarez, City Manager
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

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ATTACHMENT B

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ATTACHMENT C

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ATTACHMENT D

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ITEM # 17

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Rita Montalvo, Acting Director

SUBJECT: AUTHORIZE SUBMITTAL OF GRANT APPLICATIONS FOR ALL

PROGRAMS FOR WHICH THE CITY OF MONTEBELLO IS ELIGIBLE
AND APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 2202 WITH

MCA CONSULTANTS

DATE: January 10, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 24-03 (Attachment A) Authorizing Submittal of Individual Grant Applications for All Programs for which the City of Montebello is Eligible; and

2. Approve Amendment No. 2 (Attachment B) to Agreement No. 2202 with MCA Consultants for the implementation and monitoring of the SB 1383 Grant Program; and

3. Authorize the City Manager to execute Amendment No. 2 on behalf of the City; and

4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $90,000 in (Expenditure) Account No. 265-3020-6040.10 (Grants, SB 1383, Contract Services Outside Contracts) and $90,000 in (Revenue) Account No. 265-99-498.87 (Grants, SB 1383 Org Waste); and,

5. Authorize to increase Solid Waste Program Management Services with MCA Consultants in the amount not-to-exceed $195,000; and

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

FISCAL IMPACT:

The annual cost of Solid Waste Program Management services is divided between four different accounts: 100-30-730-6040.95 (General Fund, Public Works, AB 939); 265- 3000-6040.10 (Grants, Used Oil Payment Program (OPP), Contract Services Outside

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Contracts); 265-3010-6040.10 (Grants, CA Beverage Container Recycling, Contract Services Outside Contracts); and 265-3020-6040.10 (Grants, SB 1383, Contract Services Outside Contracts, for a total annual contract amount of $195,000:

• $75,000 Solid Waste and Recycling
• $15,000 Used Oil & Oil Payment Programs
• $15,000 Beverage Container Grant
• $90,000 SB 1383 Grant Programs

Appropriations exist in the Fiscal Year 2023-24 budget for these programs, except for the newly implemented SB 1383 grant program. Therefore, the Fiscal Year 2023-2024 budget needs to be amended by increasing appropriation by $90,000 in Account No. 265- 3020-6040.10 (Grants, SB1383, Contract Services Outside Contracts) to utilize these funds for program management of SB 1383 requirements, as well as Account No. 265- 99-4198.87 (Grants, SB 1383 Org Waste) to recognize the grant revenue received.

The City receives revenue from both the Used Oil Payment Program and the CA Beverage Container Recycling from the State of California. This revenue can be utilized for services related to ensuring the proper recycling of used oil as well as promoting general recycling in the community.

On June 15, 2022, the City received funds from CalRecycle for $89,694 as funding from the SB 1383 Grant application submitted on February 1, 2022. The SB 1383 Grant is new funding the City has received for the diversion of organic waste and edible food from landfill disposal. MCA Consultants provides guidance in these areas and ensures the City is meeting the various State requirements when complying with solid waste diversion, oil recycling, organic food recycling, edible food waste, and general recycling. This SB 1383 grant funding will be utilized to pay for services provided by MCA Consultants.

BACKGROUND/DISCUSSION:

On January 26, 2005, the City Council entered into an agreement with MCA Consultants for solid waste and recycling management and monitoring services. The agreement was for an initial period of three years and could be renewed thereafter provided that the terms and conditions remained the same or as mutually agreed upon by the parties. MCA Consultants continues to provide services under this agreement and has provided excellent technical consultation to the City, ensuring compliance in an ever-changing regulatory landscape. MCA Consultants also has a wealth of institutional knowledge of the City’s solid waste programs and service providers, including their historical performance.

Amendment No. 1 extended MCA’s agreement until June 30, 2024, at the current annual fee of $75,000 for solid waste and recycling, in addition to the two grants at $15,000 each for the Used Oil Payment Program and CA Beverage Container Recycling. MCA’s technical expertise has been critical during the implementation of SB 1383. Therefore, Staff is recommending an amendment to the existing contract (Amendment No. 2,

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Attachment B) to expand the scope of work to include SB 1383 management services, as well as increase the total not-to-exceeed contract amount of $195,000 (an additional $90,000 for SB 1383 specific services).

In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). The targets must reduce organic waste disposal fifty percent by 2020 and seventy-five percent by 2025. The Department of Resources Recycling and Recovery (CalRecycle) is administering a grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB 170 Budget Act of 2021.

This non-competitive grant program provides funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383.

The full submission of the SB 1383 grant application requires that the City adopts the attached Resolution No. 24-03 (Attachment A). This resolution was drafted using CalRecycle’s template and is pre-approved for application submittal.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff is recommending that the City Council adopt Resolution No. 24-03 (Attachment A) Authorizing Submission of Grant Application for All Eligible Programs and approve Amendment No. 2 (Attachment B) to Agreement No. 2022 with MCA Consultants, and amend the Fiscal Year 2023-24 budget by increasing appropriations by $90,000 in (Expenditure) Account No. 265-3020-6040.10 (Grants, SB 1383, Contract Services Outside Contracts) and $90,000 in (Revenue) Account No. 265-99-498.87 (Grants, SB 1383 Org Waste).

ATTACHMENT(S)

1. Attachment A – Resolution No. 24–03 – Grant Payment Individual Jurisdiction

2. Attachment B – Amendment No. 2 to Agreement No. 2202

3. Attachment C – Amendment No. 1 to Agreement No. 2202

4. Attachment D – Agreement No. 2202

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ATTACHMENT A
RESOLUTION NO. 24-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO,

AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR ALL

PROGRAMS FOR WHICH THE CITY OF MONTEBELLO IS ELIGIBLE

WHEREAS, Public Resources Code sections 48000 et seq. autho rize the Department of Resources Recycling and Recovery (Cal Recycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the stat e thereby preserving landfill capacity and protecting public health and safety and the environment; and

WHEREAS, in furtherance of this authority CalRecycle is requ ired to establish procedures governing the application, awarding, and management of the grants; and

WHEREAS , CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolut ion certain authorizations related to the administration of CalRecycle grants.

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

SECTION 1 . The City Council hereby authorizes the submittal of applications to CalRecycle for any and all GRANTS FOR WHICH The Cit y of Montebello is eligible; and

SECTION 2 . That the Public Works Director, or his/her design ee, is hereby authorized and empowered to execute in the name of The City of Montebello all grant documents, including but not limited to, appl ications, agreements, amendments and requests for payment, necessary to s ecure grant funds and implement the approved grant project; and

SECTION 3 . That this authorization is effective for a period of five years from the date of adoption by the Signature Authority or this governing body.

SECTION 4 . That the City Clerk shall certify to the adoption of this Resolution.

[Signatures on the following page]

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RESOLUTION NO. 24-03

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APPROVED AND ADOPTED THIS 10 TH DAY OF JANUARY 2024.

_______________________________
Scarlet Peralta, Mayor

ATTEST : APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Re solution No. 24-03 was passed and adopted by the City Council of the City of Montebel lo, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 10 th day of January 2024
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 correc t copy of a resolution duly adopted at a meeting of said City which was duly convened and he ld 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

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ATTACHMENT B

CITY OF MONTEBELLO

AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 2202 WITH MCA

CONSULTANTS FOR THE DEVELOPMENT, IMPLEMENTATION, AN D
MONITORING OF THE SB 1383 GRANT PROGRAM
This Amendment No. 2 to Agreement No. 2202 (“Amendm ent No. 2”) is made and entered into this 10th day of January 2024 ("Ef fective Date"), by and between the City of Montebello, a California municipal corporat ion, (hereinafter referred to as the “CITY”) and MCA Consultants, (hereinafter referred to as the “CONSULTANT”). The CITY and the CONSULTANT are sometimes hereinafter i ndividually referred to as a "Party" and jointly as the "Parties".

WHEREAS, CITY and CONSULTANT are Parties to Contract Agreement No. 2202 to provide Solid Waste Program Management Serv ices by and between the City of Montebello and MCA Consultants, dated January 26 , 2005 (the ''Agreement"), pursuant to which City retained Consultant to provi de Solid Waste Program Management Services in the CITY, as further described in the Agreement; 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, desired to amend the agreement No.1 for the development, implementation, and monitoring of the new SB 1383 funding the City received for the collection, processing, and recycling of organic waste, food scraps, from commercial, industrial, and multi-family locations within the City.

WHEREAS, for the reasons set forth herein, the City and Consultant 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:

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

SECTION 2. TERM . Through this Amendment No. 2, the Parties hereto agree to the

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AMENDMENT NO. 2 TO AGREEMENT NO. 2202

term of Amendment No. 1 from November 10, 2021, to June 30, 2024.

SECTION 3. AMENDMENT TO THE SCOPE OF WORK. Through this Amendment No. 2 , the Parties hereto agree to amend the scope of wo rk to the Agreement. The Revised Scope of Work is attached hereto as Exhibit “A” and incorporated herein by this reference.

SECTION 4. AMENDEMENT TO COMPENSATION. Through this Amendment No. 2, the Parties hereto agree to amend the compensation for the purpose of incorporating new funding for SB 1383. For the remainder of term of the Agreement the City agrees to compensate Consultant for the work provided unde r the Agreement, and Consultant agrees to accept in full satisfaction for the services in an amount not-to-exceed the sum of One Hundred Ninety-Five Thousand Dollars ($195,000); unless specifically approved in advance in writing by the City.

SECTION 5. INCORPORATION OF REMAINING TERMS . Other than as expressly modified in this Amendment No. 2 with respect to th e term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.

[End of Amendment No. 2]

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IN WITNESS WHEREOF , the Parties have executed this Amendment No. 2 to Agreement No. 2202 to provide Solid Waste Program M anagement Services for the (“CITY”) CITY OF MONTEBELLO, a California municipal corporation.

(“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO MCA CONSULTANTS

Raul Alvarez, City Manager Jefferey A. Camera, President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez -Glasman, City Attorney

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EXHIBIT “A”

REVISED SCOPE OF WORK BY MCA CONSULTANS
The revised scope of work by MCA consultants further expands the current scope of work by implementing the SB1383 program. This provides resources for:

• Increasing our capacity of recoverable and edible food and food products • Collection of food and food scraps
• Implementing enhanced edible food recovery program s
• Implementing a robust City-wide education and outr each program • Expanding our enforcement program
• Continuing evaluation of our program and potential gaps in service needs • Modernizing the City’s procurement policies to com ply with current needs and legislative enactments
• Implementing a record keeping program to track all food waste, scraps and edible food recovered from point-source locations through to ultimate distribution and/or end of life.

As part of this program the following activities ar e set forth as examples to demonstrate the type of services that are being provided or are planning to be provided.

1. Capacity Planning
Although we have identified our Tier 1 and Tier 2 D onors in the early stages of our program, several donors have been historically relu ctant to participate in the food donation program due to corporate liabilities or re strictions, even though they would be protected under current legislation. Each donor has been identified based on the 12 categories established by SB 1383 and has been eval uated for applicability and ability to participate in the program; In some cases, the s ize of the location or their business structure make it difficult for them to donate to r ecovery organizations. The program enacted with these funds will provide direct assist ance to these organizations to determine the actual capacity that each can achieve under the program. One of the areas of focus under this program will be the expansion o f the edible food from commercial generators. The capacity planning component will include expanding the City’s education and outreach program to Tier 1 and Tier 2 partners to ensure that the same messages are being fully understood by all the participants in the program. This program will expand the identification of edible foods as well as their associated tonnages and methods for recovery.

As part of the capacity planning established herein, MCA will work with the City to expand our planning endeavors to include a revised quantif ication for our actual food recovery capacity utilizing current resources and develop ad ditional avenues and partners (if our

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revised capacity is insufficient to meet the needs of the donations made to the recovery organizations). In some cases, capacity at existing locations may be expanded and in others, they will aid our partners to help expand a nd/or modernize their facilities and infrastructure needs. These services will include c onducting random evaluations and audits of identified food generators and requiring a comprehensive tracking of donated and discarded food and related products. Combined w ith our hauler audit program that is conducted every year, all locations in the City that either generate, distribute, process, arrange, store, sell, or otherwise deal with food m aterial will be required to submit an electronically generated tracking system to account for the life-cycle accounting of the food, donated for consumption, processed via compost or recovery, and landfilled.

2. Collection
Under this program, collection activities will be expanded to include all areas of recovery including, commercial, industrial, multi-family, an d residential. The expanded program will fall under two general categories: commercial and residential.

RFP 22-4 was designed to increase our collection of commercial and multi-family food scraps by implementing a franchised collection system for the entire City. The franchises will provide cost-effective, environmentally sound, and efficient commercial organics collection, processing, recycling, and management s ystem, which includes mandatory collection of all organic material generated within commercial, industrial, and multi-family establishments of the City.

The collection of commercial food will be establish ed based on predetermined collection schedules and will be tracked and catalogued for compliance. All collection locations will be processed in a manner as to prevent foul smell o r contamination by vermin, rodents, or insects.

On the residential side of the collection, MCA will work with our residential hauler to implement a city-wide mandatory residential food scrap recovery program. This program will provide for the collection of residential food scraps and food related products from all residential dwelling units within the City and prov ide for the effective monitoring and tracking of collection locations, compliance, and reporting of tonnage to the City.

3. Edible Food Recovery
One of the keys to the successful implementation of our collection program is the integration of collection activities with volunteers that the City and others we are currently working with to implement programs. Building on the success of current programs, trained

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volunteers and nonprofit organizations will collect and distribute edible cooked food and other noncooked food items for distribution to those in need within our community. As part of this program, a comprehensive training program will be conducted to ensure the proper handling and distribution of food utilizing all regulatory requirements and safety provisions.

Working with all applicable guidelines and in conju nction with City staff, volunteers, and contractors will collect edible food (Cooked and un cooked) collected from Tier 1 and Tier 2 establishments back to the City and/or our partne rs for planned distribution. Utilizing insulated heating and holding cabinets, the precooked food will be examined for applicable guidelines and prepared for distribution to others in the community via insulated food recovery bags, containers, and equipment, for delivery and distribution at other locations.

Working with local nonprofit organizations, food ba nks, food pantries, shelters, and other like entities, edible food recovered will be collected, inventoried, processed, and or stored for distribution to others or as part of a larger f ood donation give-away program. Utilizing current capacities, some locations may be provided with equipment to preserve the integrity of the food for maximum utilization.

Additionally, MCA is looking to establish drop off locations where commercial businesses licensed to conduct business within the City will b e able to drop off edible food for distribution to others.

4. Education and Outreach
The education and outreach program encompasses a mu lti-stage approach to reaching our targeted sectors of society that will be impact ed by participation in this program whether as a donor or a recipient. The development of an education and outreach campaign will provide information about the program and the effectiveness of its parameters. The program will be conducted in both print and electronic formats as to maximize the potential for success.

Outreach and education to identified businesses on how to discard their food under the program will be a repeat topic for discussion and w ill be updated with lessons learned and successful programs that have been implemented. A business-to-business education program will be developed to pair likemin ded businesses together for the development of an enhanced program. Similarly, com plementary business and businesses that may benefit from each other will al so be introduced to maximize both program effectiveness and materials diversion from landfills.

Education and outreach to residential populations w ill be held in a similar manner with enhanced attention to the needs of the residential program. Utilizing direct contact with residents via community events, point of sale (POS) displays, social media, targeted advertisements, and City based programs, residents will be educated on the program

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parameters and reminded of the overall collective p rogram through the identification of partnerships such as eating establishments, vendors , supermarkets, and other food recovery organizations.

5. Enforcement and Inspection
Enforcement is another aspect of the program where MCA will be assisting to implement.

With limited resources and a reduced code enforceme nt staff, the city’s resources are stretched thin and cannot cover all the areas required. To this end, MCA will assist in the enforcement system and report noncompliant entities to the City for continued enforcement. Furthermore, enforcement of Resolutio ns 17-62 and 20-97 which require the integration of food waste, and a diversion rate of 75% will be implemented to maximize the effectiveness of the program.

6. Program Evaluation/Gap Analysis
Needless to say, program evaluation is a key compon ent of ensuring the maximum effectiveness of the program. To ensure the contin ued success, monthly evaluation sessions will be conducted. Each area of the progr am will be analyzed and will conduct changes made as warranted to maintain and/or increase the effectiveness of the program.

Any gaps identified in the program’s intent or impl ementation will be analyzed and changes made to correct any deficiencies or shortco mings that may be identified in the program. Likewise, new programs and ideas will also be analyzed by MCA based on the implementation of the program.

7. Procurement Requirements
Updating the City procurement regulations to meet t he current requirements will be undertaken in this program. Building on successful models and previous policies implemented by the City, new procurement guidelines and policies will be developed and implemented to ensure the use of recycled organic products (compost, mulch, electricity, and/or renewable gas), recycled paper and paper products, and other items to maximize program effectiveness and environmental compliance. The new policies will be designed to integrate across all City Departments and provid e models for which can be implemented throughout the City including private businesses and organizations.

8. Record Keeping

Record keeping will be conducted during this process to ensure maximum accountability and tracking of food and food like products. Additionally, the record keeping and tracking

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of collection activities may include edible meals distributed, tons of food donated, material composted, and business programs implemented will be developed into a comprehensive database that will serve as a reference point for all program evaluations.

9. Record Keeping

The individual rates that are established by MCA fo r these services are in line with previous and current services provided for like kin d programs and do not exceed the contractual hourly limits established under the contract.

Fee Schedule

• Principal Consultant = $85.00 per hour
• Senior Consultant = $75.00 per hour
• Associate Consultant = $55.00 per hour

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CITY OF MONTEBELLO MCA CONSULTANTS

Raul Alvarez, City Manager Jeffrey A. Camera, Pres ident

Date: _________

Date: __________

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez -Glasman,
City Attorney

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ATTACHMENT A

CITY OF MONTEBELLO
A
MENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 2202

WITH MCA CONSULTANTS
T
his Amendment No. 1 to the Professional Services Agreement No. 2202 (“Amendment No. 1), is made and entered into this 10th day of November 2021, (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation, (hereinafter referred to as the “City”) and MCA CONSULTANTS (hereinafter referred to as the “Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
W
HEREAS, the Consultant and the City entered into that certain Agreement No. 2202 for the preparation for solid waste management services ("Agreement"); and W
HEREAS, the Parties being mutually satisfied with each other’s performance, wish to amend the Agreement for purposes of extending the Agreement and further clarifying certain terms and conditions therein.

NO
W THEREFORE, in consideration of the mutual promises and c ovenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

AMENDMENTS
S ECTION 1 . Term. The term of the Agreement shall read as follows (in Bold):

1. “Commencement Date”: November 10, 2021

2. “Expiration Date”: June 30, 2024
T
he term of the Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by a subsequent written amendment between the Parties, or sooner terminated in accordance with Section 2 of this Amendment No. 1 below.

S ECTION 2 . Termination. Section 21 ( “Termination of Agreement” ) of the Agreement shall be stricken in its entirety and replaced with the following language (in Bold):

In the event that either Party here
to fails or refuses to perform any of

ATTACHMENT C

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the provisions of this Agreement at the time and in the manner required, the non-defaulting party sh all give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate.

Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT.

The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisi ons of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience . The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONSULTANT . Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all pre vious payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY , the Parties agree that the CONSULTANT shall be reimbursed f or any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proo f that the CONSULTANT incurred the costs, and is unable to be seek a refund

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for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to ce ase all work under this Agreement on or b efore the effective date of any notice of termination.

SECTION 3. Revised Scope of Work. Attachment “A” in the Agreement is hereby revoked in its entirety. Any and all references to Attachment “A” or the “Scope of Work” throughout the Agreement shall no longer have any binding effect. Rather, any reference to the Scope of Work hereinafter shall refer to the Consultant’s Solid Waste Services Proposal dated July 2021 (“ Revised Scope of Work ”), attached hereto as Exhibit “A” and incorporated herein by this reference.

SECTION 4. Compensation; and Payment. Attachment “B” of the Agreement is hereby revoked in its entirety. Any and all reference to Attachment “B,” the “Cost Proposal” or “Compensation” throughout the Agreement shall no longer have any binding effect. Rather, any reference to the Cost Proposal or Compensation hereinafter shall refer to the Consultant’s Solid Waste Services Proposal dated July 2021 (“Budget/Cost for Services”) in Exhibit A. In addition, the following amendments shall apply to Section 5 (“Limitations”) of the Agreement and shall r ead as follows (deletions shown in Strikethrough and additions in Bold):

(5) LIMITATIONS.

City recognizes that C onsultant's ability to complete the scope of work within the budget and timelines established in this Agreement is necessarily dependent on receiving reasonable, timely and adequate input and review from the C ity. It also assumes that C ity's policies, goals, objectives, actions, or alternatives do not change in a manner which alters the Scope of Work once it has been initially defined and accepted by the City.

Should the Scope of Work defined by the Agreement be expanded or contracted or the schedule be changed, Consultant's compensation accordance with the Cost Proposal (Attachment “B”). Total compe nsation to Consultant shall not exceed $69,650 without the City’s authorization.

CITY agrees to compensate CONSULTANT for the services provided under the Agreement, and CONSULTANT agrees to accept in full satisfaction for such services an annual amount not -to-exceed the sum of Seventy -Five Thousand Dollars and 00/100 Cents ( $75,000); unless specifically approved in advance and in writing by CITY.

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SECTION 5 . Revised Schedule. Attachment “C” of the Agreement is hereby revoked in its entirety. Any and all references to “Attachment C” or the “Schedule” throughout the Agreement shall no longer have any binding effect. Rather, any refence to the Schedule hereinafter shall refer to the Consultant’s Solid Waste Services Proposal dated July 2021 (“Revised Schedule”) in Exhibit “A”.

SECTION 6 . Insurance. The following amendments shall apply to Section 10 (“Insurance”) of the Agreement and shall read as follows (additions in Bold):

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

e. Evidence of Insurance. CONSULTANT shall provide to CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

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

SECTION 7. Except as expressly modified or supplemented by this Amendment No. 1, 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. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.

[END OF AMENDMENT NO. 1]

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IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.

(“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO MCA CONSULTANTS

René Bobadilla, City Manager Jeffrey A. Camera, President

Date: _________

Date: __________

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman,
City Attorney

EXHIBIT:
• Exhibit A – Montebello Solid Waste Proposal

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CITY OF MONTEBELLO

SOLID WASTE SERVICES PROPOSAL

Prepared For
James Enriquez – Director of Public Works
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640-3932

Submitted By
Jeffrey A. Camera - President
MCA Consultants

July 2021

EXHIBIT A

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INTRODUCTION………………………………………………………………………………………………………….…Page 1 BACKGROUND……………………………………………………………………………………………………………...Page 1 SOLID WASTE SERVICES AND IMPLEMENTATION…………………………………………………………Page 1 CalRecycle Electronic Annual Report (EAR)………………………………………………………..Page 1 CalRecycle Compliance……………………………………………………………………………………….Page 2 Mandatory Commercial Recycling (MCR)………………………………………………..Page 2 Mandatory Organics Recycling (MORe)…………………………………………………..Page 3 Legislative Compliance…………………………………………………………………………….Page 3 Waste Reduction And Recycling Program Implementation………………………………….Page 4 Commercial Hauler Technical Assistance…………………………………………………………….Page 5 HAULER AUDITS……………………………………………………………………………………………………………..Page 7 EVALUATION OF COMMERCIAL SOLID WASTE HAULER PROGRAM……………………………….Page 8 GO GREEN PROGRAM IMPLEMENTATION……………………………………………………………………..Page 8 USED OIL SERVICES AND IMPLEMENTATION………………………………………………………………….Page 9 BEVERAGE CONTAINER SERVICES AND IMPLEMENTATION…………………………………………..Page 9 ELECTRONIC RECYCLING – SERVICES AND IMPLEMENTATION……………………………………….Page 10 COMMERCIAL AND DEMOLITION REPORTING AND ENFORCEMENT……………………………..Page 10 PROGRAM ADMINISTRATION………………………………………………………………………………………...Page 11 Council Updates…………………………………………………………………………………………………..Page 11 City Staff Meetings……………………………………………………………………………………………….Page 11 BUDGET/ COST FOR SERVICES………………………………………………………………………………………...Page 11 Budget Table…………………………………………………………………………………………………….….Page 12

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INTRODUCTION
The information presented within the context of this letter proposal and presented in the following pages represents a truly cost-effective approach to the implementation of solid waste and recycling assistance services and has been developed to correspond with the desires and wishes of the City of Montebello’s Public Works Department. Upon reading the information contained herein, you will notice that the successful implementation of the previous years’ programs has resulted in the proven general programmatic areas remaining consistent .

Although it should be noted that unlike previous years, this proposal encompassed all existing services provided by MCA Consultants rather than simply the solid waste and recycl ing services segregated out previously.

Essentially, while the services we provide have remained consistent with previous years, the budgetary parameters have been encapsulated within a single proposal and are based on awarded funding allocation as in previous years. While the implementation of tasks listed below represent the proposed services offered by MCA Consultants, the level at which the specific tasks are implemented will be based on the needs and desire of the City.

BACKGROUND
At MCA Consultants we believe that the cornerstone to lasting relationships is being fair and equitable in our business endeavors. Our staff of professional consultants has the knowledge and expertise to make certain that all of your programs meet and/or exceed all federal, state, and local jurisdictional requirements. MCA will make certain that all of the City’s solid waste and recycling programs are designed to continually encompass the most stringent requirements necessary to meet the long-term obligations of the City of Montebello.

Our services include not only the total comprehensive design of utility -based programs, but also the ability to provide you with the long-term management and monitoring specifically designed to achieve total compliance year after year. As with all of our programs, MCA works directly with your professional staff and managers as well as outside architects, engineers, developers, the community, and others to guarantee the complete satisfaction of your jurisdiction.

As a result of the time-saving measures implemented during previous years of program implementation, we are able to demonstrate our commitment once again to the City of Montebello, and to the quality of the relationship and services that we provide. As such, we are committed to assisting the City now and in the future , meeting whatever challenges they are faced with.

SOLID WASTE SERVICES AND IMPLEMENTATION
CalRecycle Electronic Annual Report (EAR)
The development and submission of the City’s Electronic Annual Report (EAR) is a task that requires the utmost understanding of the City’s history, programs, and the services offered by the City’s solid waste haulers and partners. Understanding the intric ate workings of the Department of Resources Recycling and Recovery — CalRecycle, and the EAR reporting requirement is essential to maximizing the diversion rate for the City and ensuring compliance with the ever -changing reporting requirements . Since the S tate’s a nnual reports are reflective of past year’s implemented programs, MCA seeks to increase the level of diversion in reports by

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seeking out previously unidentified diversion and recycling programs. As a continued part of our annual reporting program, all aspects of Montebello’s solid waste stream are carefully considered, and our programs identified throughout this proposal will serve as key aspects of your compliance with all components of the governing legislation. All facets of the reporting syst em are well known and understood by our staff of professional consultants.

Each report developed by our staff is presented to you complete with all necessary backup documentation and necessary calculations to fully understand the report findings. Presen ted to you in both detail and summation forms, our reports will not only meet but exceed the requirements set forth by CalRecycle. Once completed and presented to you in draft form, MCA Consultants will provide you with a clear understanding of the information contained in the annual report. This is essential to ensure that City staff has the knowledge and complete programmatic understanding required to answer any question that may be posed.

As we have in previous years, we will serve as an extension of your staff , providing you with any technical expertise necessary. All of our reports are presented to the City in advance of the actual submission date to permit staff review and allow for necessary changes, if required. We will stand with you during every venture and provide the City with staff-supportive services that are unmatched.

CalRecycle Compliance
Maintaining compliance with the legislative and reporting provisions established by the State Legislature and CalRecycle is an important component of the City’s compliance with the State mandated programs. To this end, as in previous years, each of the referenced programs will be implemented in accordance with program parameters, requirements, and funding allocations afforded to each program.

Mandatory Commercial Recycling (MCR)
According to the State of California, “the commercial sector generates nearly three fourths of the solid waste in California. Furthermore, much of the commercial sector waste disposed in landfills is readily recyclable.

Increasing the recovery of recyclable materials will directly reduce greenhouse gas emissions (GHG).” Assembly Bill 32, the Mandatory Commercial Recycling (MCR) measure , was enacted to focus on the diversion of commercial waste as a method to reduce Green House Gas (GHG). Modified, supplemented, and expanded over the years the requirements of the MCR can be ascertained in legislation such as Assembly Bill 341, Assembly Bill 827, Senate Bill 1018, and others.

As part of ensuring compliance with the various enacted provisions, MCA will develop and implement a commercial solid waste recycling program that consists of education, outreach, and monitoring of businesses that is designed to divert commercial solid waste from businesses, as well as continue to develop and implement programs that address self -haul, mixed -waste processing, source separated recycling, and other programs identified within the various legislative enactments.

Additionally, we will continue to develop and implement programs that ensure that businesses provide visible, easily accessible, and clearly marked organics and recycling containers in front -of-house locations to collect waste generated from products purchased and consumed on the premises (AB 827, McCarty).

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As part of the compliance aspect of this program, MCA will work with City staff and the Office of the City Attorney to develop resolutions and ordinances to address the mandatory Commercial Recycling Provi sions established by law. This aspect of the program will encompass , but not limited to, all aspects of commercial recycling and work with the City and the business community to support such program s required for programmatic compliance.

Mandatory Organics Recycling (MORe)
AB 1826 was signed into law by Governor Brown in October of 2014. Specifically, SB 1383 required CalRecycle, in consultation with the California Air Resources Board (ARB), to adopt regulations designed to reduce statewide landfill disposal of organic waste. SB 1383 established two organic waste disposal reduction targets. T hese targets are tied to the 2014 baseline of 23 million tons of organic waste disposal and must be achieved by 2020 and 2025.

Among the provisions created was that all businesses are required to recycle their organic waste on and after April 1, 2016, depe nding on the amount of waste they generate per week. This law also requires that local jurisdictions must implement an organic waste recycling program to divert organic waste generated by businesses, including multifamily residential dwellings that consist of five or more units. The City’s compliance began with the approval of a temporary use permit to Heart of Compassion for the implementation of a pilot food waste composting program designed to divert the spoiled vegetative material that results from thei r operations. The program has been a tremendous success and has evolved into a regular part of their daily operations.

Under the legislative confines of AB 1826, organic waste means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. Current City programs are verifying that every business in the City meets the requirements of this legislation.

Currently, the City has implemented a pilot program that has proven beneficial and is in the process of revising the organic waste collection and processing program to be implemented City -wide. To this end, MCA will continue to work with City staff and the City Attorney’s office to finalize the documents necessary for the City’s roll-out of the organics collection program and the accompanying solicitation. Under this program, every business in the City will have organics collection provided to them by one or more haulers who will also be responsible for reporting information n ecessary for compliance with the legislation. This program includes supplying collection containers and bins to the businesses, providing collection services, and developing processing programs that ensures the organic material is processed in a method to meet the legislative confines set forth by the State.

According to CalRecycle, organics like food scraps, yard trimmings, paper, and cardboard make up half of what Californian’s dump in landfills. It is also the view of CalRecycle that Reducing Short -Lived Climate Super Pollutants like organic waste will have the fastest impact on the climate crisis.

Legislative Compliance
Legislative enactments are an important aspect of the compliance mandated implementation by the State. To ensure compliance with t his legislation, MCA will develop and present to the City programs that will reduce organic waste disposal by 75 percent (75%) by 2025 and develop programs that will rescue at least 20 percent of the eatable food surplus currently disposed into landfills by 2025. Under this program we will not only develop

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programs for compliance, but work with the City’s haulers, businesses, restaurants, nonprofits, and other service providers to connect viable entities together so the collective we can achieve the 20 percent (20%) eatable food waste goals by 2025. To make certain that the City is taking steps to achieve compliance with the legislation, the following activities and others will be targeted for continued development and implementation:
• Conduct a local waste characterization study to ascertain capacity, availability, and needs. • Provide residential and commercial organic waste collection services. • Conduct minimum levels of education, outreach, and contamination monitoring for their collection services.
• Develop programs that require residents and businesses to subscribe to collection services for organic waste that is not source-reduced, managed on-site, or self-hauled. • Develop and implement and oversee edible food recovery programs. • Work with commercial ed ible food generators to establish documented arrangements with food recovery services or organizations.
• Work with the City to develop procurement policies that set minimum levels of recovered organic waste products including of compost, mulch, or renewable natural gas and electricity, and include provisions to meet minimum recycled content and recyclability standards for paper products. • Develop record keeping program to document City compliance and require haulers and facilities to provide compliance records regarding compliance.
• Identify and/or develop program to reduce the level of incompatible materials.

Waste Reduction And Recycling Program Implementation
MCA Consultants has worked with the City of Montebello for many years on the development a nd implementation of cost -effective solid waste and recycling programs. This year will be no different as it continues to be our belief that direct City involvement, and a clear understanding of the City’s needs are essential to the long -term success of a ny program to be implemented. It is for this reason that we have once again developed this year’s programs to provide the most cost -effective programs with the likelihood of long -term success and implementation by City staff, if so desired.

As the City emerges from the COVID -19 restrictions, and with the reduction in staff resources within the City, ensuring that your staff has a clear understanding of the programs being developed and implemented is essential as they provide the first level of awareness with residents within the community. Staff’s understanding of program parameters allows residents to contact the City and receive the answers they are looking for. As we have for many years, MCA Consultants will provide the City of Montebello and your r esidents with the highest level of customer service available. Our toll-free phone number is staffed from 5:00 a.m. to 7:00 p.m. PST. Our afterhours hotline is available to the City and its resident’s 24-hours per day 7-days per week, including holidays.

In previous years we proposed to implement a Local Business Awards program that would not only provide the City’s businesses with a sense of accomplishment but would have a dramatic impact on the public if implemented correctly. As we have again identi fied several Montebello businesses that are worthy of this award, this year we plan to continue this program with increased program-based results and awareness. During the implementation of this program, we will continue to conduct detailed evaluations and analysis of businesses and compare them against the baseline established for which all programs are evaluated. MCA Consultants will continue to conduct business compliance evaluations of each business within the City of Montebello.

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Recommendations for various business sectors will also continue to be an effective part of the program implementation.

Local businesses will be provided awards in various categories based on their participation in recycling activities, amount of waste diverted or recycled, and the creation and/or participation in innovative programs that increase efficiency and promote the City’s Go Green concept. Working in coordination with the City and the Montebello Chamber of Commerce, all businesses will be able to compete equally reg ardless of their current recycling activities. Categorical references will be developed to determine the level of recycling within the City.

Collectively, working together with the City, your franchised haulers, and local businesses, we will be able to provide annual updates to the programs and provide an illustrated model of the increase in recycling percentages and participation levels.

As part of our educational efforts to reach out to the children of your community, MCA Consultants employs personnel that are instrumental in the development of cutting-edge solid waste and recycling programs, grant administration and management, and school education programs. Key staff participants will work with your staff on the development of educational programs designed in conjunction with the City and the Montebello Unified School District. Our personnel’s experience in this area is unmatched with one of our key persons having developed, created, and implemented the largest school education program in Los Angeles County. Working in association with the LA Unified School District, a member of our staff has been responsible for implementing diversion programs in more than 100 schools in Los Angeles and has designed and implemented programs that educate students o n the environment, solid waste and recycling, and has prepared presentations to the California Integrated Waste Management Board. The resulting programs have yielded a dramatic increase in the diversion percentages in schools and their surrounding areas.

Commercial Hauler Technical Assistance
Many of the haulers are currently operating within the system and meeting the provisions of the Montebello Municipal Code, although since COVID-19 many of them have faltered to meet the minimum standards set forth within Resolutions 17-62 and 20-97. As part of our service, MCA will continue to provide you and your haulers with technical assistance in a format that includes, but is not limited to, guidance with recycling program implementation; assistance with quarterly reports and renewal forms; review, approval, and processing of annual hauler applications; customer recycling programs; legislative interpretation; compliance with City requirements; and other regulatory compliance issues approved by the City.

We will once again guarantee that all inquiries will be addressed, and the inquiring party contacted in a manner that is acceptable to the City and the inquiring party. At no time will any inquiry response exceed 8 hours unless the inquiry occurs on a weekend or generally recognized holiday. In such an event, the inquiring party will be provided with an alternate number to call in case of emergencies. We do this as part of our service as we believe that the more technical information or assistance a solid waste provider is able to access, the more competent their reporting and services are within the City.

An important aspect of any reporting system is the submissio n and review of quarterly and annual renewal forms. As such, MCA Consultants will provide a 24-hour turnaround preliminary analysis on all forms submitted by a solid waste hauler within the City. To further assist your non-exclusive franchised haulers in the compliance aspect of your programs, we will offer assistance and preliminary review of their forms. Under this program, haulers will be permitted to submit electronic forms via City approved electronic forms developed by MCA

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Consultants. The purpose of this preliminary electronic review is to permit the hauler to understand their deficiencies in their reporting systems and forms and provide them with viable feedback to increase the accuracy of their required reporting forms.

As we have illustrated in the context of this proposal, we committed to continue serving as an extension of your staff, providing seamless services to your solid waste and recycling providers. To enhance the services already provided by your staff, our hauler monitoring progra ms are designed to work with the haulers in a positive manner and educate them into compliance rather than provide a show of force that creates animosity among the parties. Our hauler monitoring program takes shape in many forms. From simple technical as sistance provided in other areas of this proposal, to quarterly and annual report review and education, our program provides a systematic process of compliance through guidance and education. Our unique approach has a proven success rate by ensuring compliance through both active and passive program implementation.

As previously mentioned, our passive programs are designed to educate and enlist compliance within the programmatic aspects of our services, and yet when combined with our active programs of compliance evaluations and in-person site visits, we are able to gain an additional level of compliance that was once thought of as nonexistent.

MCA will also continue to provide Montebello Haulers with our “hotline” assistance service that we have expanded during the previous year’s contract ensuring total satisfaction. To this end we will have our hotline and technical assistance lines staffed and available from 5:00 a.m. to 7:00 p.m. PST. When combined with our after-hour paging system and technical assistance programs, we are able to continue providing you, your haulers, businesses, and residents more staffed hours per day than any other firm and provide around-the-clock support for you and your solid waste providers.

As part of your extended staff, we will prepare and manage all solid waste correspondence either received from or sent to your solid waste providers. This service is provided to you in the form of completed letters, forms, and other documents presented to you in a format approved by the City to ensure minimum impact on City staff.

Each document developed by MCA Consultants is presented to you in both electronic and hardcopy form for review and approval. This system permits us to provide you with the enhanced turnkey programs while allowing the flexibility of in-house implementation and distribution of the documents.

At the City’s request and direction, MCA will handle and process all inquiries relating to your solid waste and recycling program and provide inquiring parties with multiple avenues to transmit and respond to inquiries. In every case, MCA principals will continue direct oversight of the entire program and make certain that all correspondence are sent, processed, received, and addressed within a timely manner in a method that is acceptable to the City.

MCA Consultants will conduct annual commercial hauler assistance workshop meetings designed to further educate and bring haulers into continual compliance. The annual workshops will encompass aspects of the preceding ye ar’s compliance, and an overall evaluation of hauler performance and compliance, as well any changes in requirements, reporting, programs, or legislation that may occur in the upcoming year. Each hauler will be provided with a list of common questions and errors made during the preceding year and solutions to the more common errors and compliance issues that occurred. Furthermore, each solid waste provider in attendance will receive an updated non -exclusive hauler compliance package that has all necessar y reporting forms for the upcoming year.

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Among the items contained within each package will be electronic (as well as hardcopy forms necessary if requested) for compliance with City regulations and ordinances, updated contact information and outreach materials to be distributed, and current City disposal, diversion, and recycling reports, among other information.

Collectively, this information can be used by the hauler to assist them in planning for the upcoming year’s programs. Each workshop will invo lve key personnel from MCA Consultants and the City and will be arranged at a time and location that is convenient for City staff and haulers. Although we do not recommend that the meetings with the haulers be made mandatory, it is recommended that each hauler be strongly encouraged to attend, as compliance with the terms and conditions of the non-exclusive franchise will be vital to the individual hauler’s success during the upcoming calendar year.

On occasion haulers require a more extensive examination of their services. MCA Consultants will implement and monitor a hauler audit correction program designed to provide a more in -depth analysis to the regular compliance reports conducted. The context of this program permits for the technical audit of the physical portions of the haulers’ activities and may include route audits and assistance with the development of a disposal reporting methodology. Should it be determined that route audits are required, MCA personnel will conduct physical inspections of individual hauler routes as deemed necessary.

To ensure confidentiality and to preserve competition among the haulers, information obtained during a route audit will remain confidential and will not be made available for public domain. We recommend this approach to provide the City with a layer of protection should a hauler claim that they have been financially damaged by the release of their confidential route sheets. Although it is our firm belief that the provisions established in our education and compliance programs and other aspects, we have identified within the body of this proposal will lessen the need for remedial hauler correction programs, we have established this type of program as a remedial program as yet another layer of outreach to assist non-exclusive franchised haulers within the City.

HAULER AUDITS
During the last reporting cycle, the evaluati on of haulers compliance and their performance was placed on a temporary hold and extended due to the challenges facing the City due to the COVID -19 pandemic . As a necessary component of the City’s solid waste and recycling program as it pertains to diversion tonnage and compliance with State of California mandated reporting requirements and electronic reporting formats, it is proposed th at the hauler audit program be modified to provide verification of the haulers programmatic activities as they relate specifically to the compliance provisions set forth by both the State and the City. As with every year that we have provided services to the City, MCA Consultants works directly with each hauler to ensure that confidentiality is protected and that their confidential information is not made available to the public or competitors. It is our policy to present the firm being audited with a company-specific confidentiality agreement which specifies in part that “neither the consulting firm nor the individuals conducting the audit will make any confidential information available to the general public at any time either now or in the future.” Additionally, the agreement further specifies that “the information obtained during the audit is specifically intended for the sole and discretionary use of the City and will be protected to the fullest extent permissible by law.” Each audit is conducted according to generally accepted standards and, if financial records are once again included as part of the audit process, generally accepted accounting practices will be followed as part of regular audit practices. Our staff conducting the audits will not answer any questions made by the hauler during the audit and will not share any of the information found during the audit process. Specific questions regarding the

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audit or process must be submitted to the City in writing for official response. As is cu stomary, our staff will work collectively with the City in the formulation of necessary responses.

Each audit will be conducted in a confidential setting and only information specifically required for the audit will be requested. To ensure a comfortable setting for all parties, the City will be notified of and approve all locations designated for audits. In some cases, in-house audits may be conducted at the hauler’s place of business due to the ease and availability of records required for the audits. At each location, whether the audit is of a desk or in-house nature, it is recommended that the hauler being audited has the right to have a representative (approved by the City) at the audit location to answer any questions or explain any irregularities or missing information.

Once each audit has been completed, MCA will forward a confidential copy of the findings report to the City for review and comment. Once approved by the City, the audit findings will be presented to the hauler in writing at which time they will have 15 days to comment on the audit findings and provide any missing information that may be requested. After the 15 days, the audit results will be finalized and/or reviewed further should additional requested information be submitted in accordance with the audit provisions. Once the audit is completed and all reports finalized, corrective action, if necessary, will be taken. As a final component of the audit process, MCA Consultants will make recommendations to the City for changes in m ethodology and/or recordkeeping found during the hauler audit. Such information may be used by the City as a corrective action tool or as a method of correction for future compliance.

As with all of our audits and information provided to us, MCA Consultants will make every attempt to keep the information confidential to the fullest extent permissible by law. Once complete and approved by the City, all documentation received from the hauler will be returned as to ensure confidentiality. The procedures identified above are meant to be applicable for any in-house or desk audit deemed necessary for situations such as license revocation, incorrect reporting, or the like. Should such a circumstance arise, a comprehensive report will be developed and provided to the City in accordance with the specifics delineated above.

EVALUATION OF COMMERCIAL SOLID WASTE HAULER PROGRAM
At periodic intervals throughout the year and at the completion of each calendar year, MCA Consultants will perform an evaluation of the commercial solid waste hauler program. Contained within the report will be findings and independent analysis directly related to the commercial solid waste program. This independent analysis and review is designed to provide the City with enhanced progra mmatic aspects and correct any potential items that may warrant change considerations inclusive of hauler summary reports and findings, hauler information, solid waste and recycling statistical information, fees and administrative fines issued or paid, compliance with State and City reporting requirements, and any change in diversion rates – all being among the information contained in the report. Based on the results and findings made during the preceding year’s activities and audits, the contents of the commercial solid waste hauler program evaluation will be devised based on the specific findings and recommendations.

GO GREEN PROGRAM IMPLEMENTATION
As a key component of the City’s compliance with requirements imposed by CalRecycle, the “Go GREEN” concept identified and developed in concert with the City to assist in the fulfillment of the City’s beautification

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programs, MCA Consultants will perform such services at an enhanced level to increase the level of awareness within the City. As part of the “ GO GREEN” program implementation, the general approach to conservation topics will be continued with information and timelines for each of the proposed topical areas identified for implementation each month.

The Go Green concept will continue to be actively promoted each quarter and follow-up information will be presented to those residents and businesses that request additional information about the Go Green program.

The program is designed to enhance the recycling appeal, reduce the consumption of en ergy and resources within the City, and meet the programmatic requirements of the States electronic reporting format for solid waste compliance and compliance with AB 939 and other legislative enactments. Reaching out to residents and businesses alike will allow the City to combine the conservation efforts of these two programs and increase the level of awareness in the community.

MCA will work with City staff on the development and publication of each Go Green concept and make certain that the informatio n is disseminated to area residents and businesses through a variety of avenues such as community groups, neighborhood watch groups, business associations, the Chamber of Commerce, and others.

USED OIL SERVICES AND IMPLEMENTATION
The Department of Resour ces Recycling and Recovery (CalRecycle) administers a program to provide opportunities for local governments/other eligible jurisdictions to receive payments for used oil and used oil filter collection/recycling programs. Eligible applicants are limited to local governments, which are defined in statute as "any chartered or general law city, chartered or general law county, or any city and county." Under the payment program, the City’s local used oil collection program must include used oil and used oil fil ter collection opportunities and a public education element to ensure that local residents are p roviding the public with convenient collection locations for used oil drop -off. Additionally, under this proposal, MCA will develop methods to motivate the public to recycle their used oil, development and maintenance of used oil and oil filter collection and rec ycling programs and develop and submit all reporting information to CalRecycle and other necessary reporting agencies.

In accordance with Used Oil and Oil Payment Programs, Grants and payment program applications will be developed by MCA and submitted to CalRecycle after the documents have been reviewed and signed by the City. As with all used oil funds, upon approval of the funding application and notification to the City, funds will be allocated based on the amount awarded and in the funding categories and services identified. It should be noted that, in general, funds under these programs are awarded for two -year cycles, meaning that the funds must be expensed within two years of being awarded.

BEVERAGE CONTAINER SERVICES AND IMPLEMENTATION
Under this section the management and implementation of the City’s beverage container program will encompass two phases, the first will be the monitoring and compliance of the City’s eight State Certified Beverage Container Recycling Centers, and the second will be the implementation of the Beverage Container grants and payment received by the City.

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The first program, Beverage Container Recycling Centers, provide s collection and payment of the C alifornia Refund Value (CRV) that is paid by consumers at the checkout stand is paid back to consumers when they recycle eligible aluminum, plastic, glass, and bi-metal beverage containers at certified recycling centers. The minimum refund value established for each type of eligible beverage container is 5 cents for each container under 24 ounces and 10 cents for each container 24 ounces or greater. Since the recycling centers are individually owned and are not owned or operated by the State of California, they are subject to local jurisdictional governance.

Under this program MCA will monitor all of the identified recycling centers in the City and ensure that they comply with the days and hours of operation set forth by the State, which are currently established that centers operate a minimum of 30 hours per week, at least five days a week, and at least one weekend day.

The second program involves the Stat ed Beverage Container funding programs which encompass City/County Payment Programs, Beverage Container Recycling Grants, and other payment programs and grants that are offered by the State of California, CalRecycle, or other funding entity. Under these p rograms, MCA staff will develop and implement all grant and payment program applications and submit completed documents to CalRecycle after the documents have been reviewed and signed by the City.

ELECTRONIC RECYCLING – SERVICES AND IMPLEMENTATION
For many years we have implemented a successful E-waste recycling program that has evolved from a twice per year program, to a bi-monthly program that has become widely popular for Montebello residents. In essence, this program provides for the safe and environmentally complaint recycling for electronic products nearing the end of their "useful life." What this means is that electronics such as c omputers, televisions, VCRs, stereos, copiers, fax machines, and other common electronic products can be properly managed and recycled to ensure compliance. In fact, some of these products can be reused, refurbished, or recycled.

With the passage of the Electronic Waste Recycling Act of 2003, certain components of some electronic products contain materials which render them hazardous, depending on their condition and density, which is why we established monthly e-waste collection and are setting up remote drop-off centers for residents and businesses.

The City’s E -waste collection continues to maintain success with our monthly collection events and special collection opportunities at City events and locations. Working collectively with the Chamber of Commerce and other nonprofit organizations, the City’s e-waste collection programs collected electronic waste that would have potentially been illegally discarded under current State law. Through strategic partnership with nonprofit organizations located within the City, the e -waste collection events resulted in payments being made to local nonprofit organizations that participated in the events.

COMMERCIAL AND DEMOLITION REPORTING AND ENFORCEMENT
According to the CalRecycle 2014 Disposal Facility -Based Characterization of Solid Waste in California , construction and demolition (C&D) materials are estimated to account for between 21.7 to 25.5 percent of the disposed waste stream. Previous study estimates have ranged from 29 percent in 2008 to 24 percent in 2004.

As part of the City’s compliance with the California Green Building Standard Code and Section 17.64 of the Montebello Municipal Code, MCA will continue to update and implement the City’s Commercial and Demolition diversion plans by reaching out to the nonexclusive franchise haulers, construction and demolition contractors,

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builders, remodelers, and homeowners and informing them on the City requirements and working with them to ensure implementation of the State and local requirements.

Waste Diversion Plan” Forms are updated and made available at the City service counter, on the website, and electronically to anyone that may inquire. As part of the implementation, MCA will work with the City to create an easy-to-use electronic monitoring form that can be updated and provided electronically for maximum compliance.

PROGRAM ADMINISTRATION
The program admin istration concepts presented within this section is designed to ensure that City staff is regularly updated and that programmatic endeavors are reported to the City for compliance and administratively followed up on, if necessary, by City staff. As part of this endeavor, MCA will make certain that all aspects of the City’s solid waste, recycling, beverage containers, used oil, electronic collections and recycling, and State reporting is in full compliance and all reports and documents are submitted accordi ng to the parameters of the desired programs.

Council Updates
It is proposed that the process of updating City Council continues as it has in previous years. At the conclusion of each year, and at the discretion of the City, MCA Consultants will prepare a summation report identifying the overall state of the City’s solid waste and recycling programs, as well as all other environmental programs, grant, payment programs, and compliance issues identified herein. This approach will be developed in wr itten form and submitted to the City in the form of a confidential copy that is not for public distribution unless desired to be so by the City. This document is designed to be an interna l evaluation of the City’s programs and is also summarized and presented in a presentation format. At the request, an abridged presentation will be developed for presentation at City Council Meetings.

City Staff Meetings
As a method of increased communications, , monthly or bi -monthly meetings will be conducted with City staff to touch base on issues and items affecting the City during that reporting period. During these meetings, discussions on current and future programs will be discussed as well as programmatic updates, hauler compliance, outstanding issues, and individual program status. These meetings can also be modified based on the activities and programs being conducted. A meeting schedule will be developed and provided to the City at an agreed upon time and frequency agreed to.

BUDGET/ COST FOR SERVICES
The information contained within this section of the proposal has been developed based on the scope of work presented herein and is commensurate with information presented to and discussed with City Staff. For the purpose and continuance of our solid waste and recycling consulting services and agreement with the City, the budget set forth herein is representative of the previous year’s budget and may be adjusted during the course of the service due to changes in the scope of work or a reallocation of hours. While we have identified specific tasks and illustrated their implementation throughout this proposal, the tasks and allocated hours are flexible

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enough to accommodate fluctuations in program needs and may be adjusted or services added at the direction of the City.

Based on the services identified herein, and the funding allocations awarded to the City though AB 939 funds, State grant and payment programs, and other local funding sources, the budgetary provisions for each fiscal year will be established annually or renewed at the same level as the previous year. It should be noted that the budget for solid waste and recycling services shall remain consistent as identified below unless approved by the City, while the budget for used oil, beverage container, and other grant and payment programs shall be limited to the amount awarded to the City for the development, implementation, and monitoring of the designated program.

Based on the information provided herein and the funds awarded to the City, the FY22 budget year is set forth below:

DESCRIPTION OF SERVICE RATE TIME FRAME

SOLID WASTE AND RECYCLING
$75,000.00 ANNUAL (July 1 - June 30)
Including Annual Reporting, CalRecycle
Compliance, Waste Reduction & Recycling
Program Implementation, Commercial Hauler
Technical Assistance, Commercial Solid Waste
Audits, Evaluation of Commercial Solid Waste
hauler Programs, "Go Green" Implementation,
Electronics Recycling Programs, Commercial &
Demolition Reporting, and Program
Administration.

USED OIL & OIL PAYMENT PROGRAMS Based on Funding
Cycle Award Funding Cycle as Determined by CalRecycle

BEVERAGE CONTAINER, & CITY /COUNTY

PAYMENT PROGRAMS
Based on Funding
Cycle Award Funding Cycle as Determined by CalRecycle

MISCELLANOUS GRANT & PAYMENT

PROGRAMS NOT IDENTIFIED
Based on Funding
Cycle Award
Funding Cycle as Determined by CalRecycle or
Funding Agency

OTHER PROGRAMS & SERVICES REQUESTED BY
CITY
Based on proposal
and approved by City

After reviewing the information contained herein, should you have any questions or require additional information, please do not hesitate to contact me directly.

Respectfully,

Jeffrey A. Camera
President

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CITY OF MONTEBELLO

AGREEMENT
No.2202
THIS AGREEMENT,made and entered into this 26th day of January 2005, by and between the City of Montebello, california (hereinafter "CITY'1, and MCA Consultants (Hereinafter "CONSULTANT'1,a california Corporation.

WITNESSETH
The parties hereto do agree as follows:
(1) BEC!TAbS. This Agreementis made and entered into with respect to the follOWingfacts:
(a) That the City is desirous of obtaining the following solid waste managementservices.
(b) That the City has heretofore determined that the Consultant is qualified to perform the work necessary to provide such work in the time and manner setforth hereinafter; and
(c) That Consultant has agreed to perform the servicesrequired pursuant to this Agreement in the time and manner
hereinafter set forth; and
(d) That the legislative body of the City has heretofore determined that the public interest, convenience, and
necessityrequire the executionof this Agreement.
(2) INDEPENDEI':t!CONTBACIQB. All servicesto be performed by Consultant hereunder collectively referred to as "SCope of Work" shall be performed as an"Independent Contractor" and not as agent or employeesof the City.

ATTACHMENT B

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specializedexperiencein solid waste managementat the timethe services are performed. Consultant shall endeavor to complete its work in accordance with those staMes, regulations, orders or codes which, in Consultant's professional opinion, are applicable to the Project.

Consultantmakes no otherwarranty,eitherexpressedor implied. (4) mY'S RESP.Q"'SUUL!JIE$

1. ProjectCoordinator. CIty designatesthe Public Works Manager as the ProjectCoordinatorwho is authorizedto act onbehalfof the City. The Project Coordinator shall cooperate with
Consultantand shall proVide informationand owner's decisions as required by Consultant,promptlyso as not todelay progress of thework.

2. Notifi!8t!on of Defects. The City shall give prompt written notice to Consultantif the CIty becomes aware of any fault or defect in the Project or nonconformancewith the Scope of Work.
(5) UMITAUQ!f$. City recognizes that Consultant's ability to completethe scopeof work within the budgetand timelinesestablishedin this Agreementis necessarilydependenton receiving reasonable, timely and adequateinput and review from the City. It also assumesthat City's policies, goals, objectives, actions, or altematlves do not change in a mannerwhich alters the Scope of Work once it has been initiallydefined and acceptedby the Oty.

Should the Scope of Work definedby theAgreementbe expanded or contracted or the schedule be changed, Consultant'scompensation

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accordancewith the Cost Proposal(Attachment"8"). Total compensation to Consultantshall notexceed $69,650withoutOty'sauthorization. (7) PAYMErq. Consultantwill submit to City an invoicefor payment at theend of each month. The amountof the invoiceshall be based upon percent completeof each task described in AttachmentA. A description of activitiesperformedundereach task will be providedin supportof each invoice. Invoicesshall be paid Within 30 dayS of receipt. (8) SCHEQYI.L Consultantwill diligentlytake all reasonablesteps to complywith theschedulepresentedin Attachment"Cn•
(9) ~ All noticesrequiredor permittedto be given pursuant to this Agreementshall be deemed received if sent by United States mail, certified or registered, postage prepaid, addressed to the parties as follows:
a. To City:
b. To Consultant:

Oty of Montebello
Attn: RichardTorres
City Administrator
1600 West BeverlyBoulevard
Montebello,CA 90640
Mr. Jeffcamera

MCA CONSULTANTS
28102 Ridge ForestCourt
RanchoPalos Verde, CA 90275
(lO) ~ Consultantshall provideand keep in effectduring
the term of thisAgreementinsuranceas follows:
a. Worker's compensation and Employer's liability in
accordancewith applicablelaws.
b. ComprehensiveCommercial Liability policies with combined single limit coverage of $1,000,000 for any personal injury, death, or

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d. Errors and Omissions coverage with minimum limits of $1,000,000in full forceand effectdUringthe life of this agreement.

Consultantshall providecertificatesof such insuranceto CIty prior to start of work. Said certificates shall specifically provide that City is an additional insured for the coverage in items Band C, above; and such Insurance shall not be terminated or canceled without thirty (30) days' prior written notice having been given City at its addressset forth In this agreement,exceptthat ten (10) days'written noticeshall be acceptablein the case of cancellationfor non-payment.
(11) lNDEHftIFlgnQltt Consultant agrees to indemnify, hold harmless,and defend City, and its officers, agents and employees,from and against any and all liability, damages, costs, losses, claims and expenses resulting directly or Indirectly from or connected with Consultant'snegligentperformanceof this Agreement(including but not limitedto such /lability,cost, damage, loss, claim or expensearising from the death of or injury to, or damage to property of Consultant,CIty, or their respective employees or agents), except where such liability, damage, costs, losses, claims or expenses are by the negligent or wrongfulactsor omissionsof Cityor any of its agentsor employees. (12) ASS~GNMENI. Neither party may assign its obligation In this Agreementwithout the written approval of the other party. Nothing contained in this paragraph prohibits the assignment of accounts receivablefor financingpurposes.
(13) $UIJCQNIBACTOB$. Consultant may employ
subcontractors,as it deems necessaryfor the completionof the Scope of

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statutes, regulations, orders or codes which, Consultant's professional opinion, are applicableto the Project.
(15) REFEBENS;;IN§OF PROlE<;!. City recognizesthe need on the part of Consultant to make referencesto this project as part of the experience qualifications for future work of a similar nature.

CIty, therefore, agrees to allow Consultant to describe this project In its statements of qualificationsand related materials.
(16) DISPUTES. The parties shall make a good-faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or daims, they shall submit them to non-binding mediation between the parties, or any of them, the prevailing party in such litigation or mediation shall be entitled to recover from the unsuccessful party(les) any and all attorney's fees, disbursements and costs incurred by the prevailing party in such litigation or arbitration. (17) ~RABILJII, If any terms, covenant or condition of
this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable,the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated, unless such enforcement shall frustrate the purpose of this Agreement. (lS) LIABILJII, The liability of Consultant, and of Consultant employees and sub consultants, to City shall not exceed the limits of Consultant'sinsurancepoliciesas specifiedin SectIon(10). (19) Emt!ATES OF OPERAnNG <:oSIS AND RATES.

Evaluations of the CIty's programs, project budget, preliminary estimates of construction, costs, service rates and/or operating costs, if any,

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Accordingly, Consultant does not warrant or represent that the actual priceswill notvary from estimatespreparedas part of theScope of Work. (20) SUSPENSIQN& If the project is suspended in whole or in part, for more than sixty (60) days, Consultantshall be compensatedfor all services performed and expenses incurred prior to receipt or written notice from the City of such suspension. If the project is resumed after being suspended for more than sixty (60) days, Consultant's compensationshall be equitablyadjustedto reflectshutdownand start up costs incurredand rate escalationsif any.
(21) TERMINADON OF M.iIUlEHENL Either party may
terminatethis Agreementfor cause. Prior to such termination,a notice shall be sent to the party in default requiring remedy within seven (7) days. If the default Is not cured within this time period, the party initiating termination may terminate this Agreement. In the event of termination, Consultant shall be paid for all work completed prior to termination.
(22) EmRE AGREEMENT. This Agreementwill be for a period of three years and may be renewed annually thereafter provided that terms and conditionsremain the same or as mutuallyagreed upon by the parties. This Agreement embodies the entire Agreement between Consultantand City. Each representsthat in entering this Agreement it does not rely on any previousoral or implied representations,inducement or understandingof any kind or nature.

This Agreementshall be effectiveat such time aseach party is in possessionof a copy, whetherby originalor fax, bearingthe signatureof

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Date 1/27/05
Attest: ~-- Ie 4I
RobertJ. King, City Clerk
Date d'31 1..:::0:....:5:::,.- _
I

CITY OFMONTEBELLO
•
By: 2)L4, YJ1 ~.
william M. Molinari,Mayor

CONSULTANT
Mr. Jeffcamera,Consultant

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ATTACHMENT D

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Attachment" A"

SCOPE OF WORK
The City will utilize the services of a Solid Waste Management firm to successfullyadministerMontebello's SolidWasteProgramand assistthe City with State Assembly Bill 939 ( AB939) compliance. The proposed services should be estimated on an annual basis, July through June, and will commence upon execution of the contract.

The proposal shall identify each task to be included as part of the scope. At a minimum these tasks shall include:

A. Annual Report

1. Prepare and submit the Annual Report including all forms, supporting documentation, and other pertinent information as required by the CIWMB ( due by 8/ 1/ 051 06). If necessary, will include calculations and supporting data developed for an altemativediversionratecalculation. Preparea draftreportforCity review at least one month prior to submission date.

2. Researchand respond to follow-up questionsfrom the CIWMB.

B. Waste Reduction and Recycling Program Implementation

1. Coordinate with staff to plan an annual local Business Awards Program in coordination with the Montebello Chamber of
Commerce. IncludesIdentifyingbusinesses, preparationof write- ups on the businesses and production of a media press release.

2. Coordinate and plan 2 backyard- composting workshops.

Workshopsshouldincludecoordinationwith the County program for appropriatematerialsand curriculum, coordinatewith City staff regarding location, date and production of a flier for citywide distribution.

4. Assist with the development of an educational program in conjunction with the Montebello Unified School District, other area schools, and the Department of Parks and Recreation.

C. Residential Franchise Agreement Implementation Assistance

1. Assist City staff on an as-needed basis with the implementation of a new Residential Franchise Agreement.

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D. Commercial Hauler Technical Assistance
Administer the commercial franchise program to include:

1. Technical Assistance to Haulers i. e., guidance with recycling program implementation, assistancewith quarterly reports and annual renewal forms, and overall compliance with programs.

2. Reviewof quarterly reports and annual renewal forms.

3. Monitoring haulersfor program compliance.

4. Staffingof haulerassistancehotline.

5. Preparation/ management of correspondence to/ from haulers.

6. AnnuallyconductoneCommercialHaulerAssistanceWorkshop.

7. Monitor Hauler Audit Correction Program. May include route audits, assistance with development of disposal reporting methodology, etc.

E. Hauler Audlb

1. Conduct four ( 4) desk audits each quarter. Haulers will be selected randomlyusingthe formatsand protocolsdevelopedduring theprevious fiscal year.

2. Conduct an in-house audit for two ( 2) quarters and a desk audit for the remaining two ( 2) quarters of the haulers who had audit ratings of" unsatisfactory outcome: corrections required".

3. Prepareandsubmitauditresultsin writtenformto theCityandthehaulers. Audit reportsshouldincluderecommendationsfor any necessarychangesin methodologyand/or record keepingfor eachhauler.

4. Conductin-househaulerauditsas necessaryfor situationssuchas licenserevocation, incorrectreporting, etc. and preparea reportof the findings.

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F. Evaluation of Commercial Solid Waste Hauler Program

1. Conductan annual evaluationof the CommercialSolid Waste HaulerProgramdueMarch1of everyyear.

2. Annuallyprepareandsubmita reportto Citystaffthat summarizes the status of the CommercialHaulers. The report should include Hauler Audits information, a 12-month evaluation and proposed recommendationsfor eachof the existingCommercialHaulers.

G. Additional Tasks
Consultant may identify additional tasks for consideration within this section.

GENERALADMINISTRATIVE INFORMATION AND RMUIREMENTS
A. Time Requirements
Project Timeline is estimated to be between one to two months.

B. Working Papers:

All data and working papersusedfor the RFPwill remainthe domainof the City upon completion of the project.

C. Project Staff
The successful proposer agrees not to change the assigned project staff without written consent of the City of Montebello.

D. Project Manager
Michele Haro, Public Works Manager, will be the designated project manager.

PROPOSAL FORMAT AND CONTENT
The Consultant's responseto the City's Requestfor Proposalshould provide the following information, using the same format and sequence:

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A. Project Team
An organizationchart indicatingprincipalsand key project team members together with an indication of their involvement in the project. Also provideresumesof the key personnelinvolvedwith this projectincluding personnel from sub- consultants.

B. Firm' s Experience
List a maximumof five projects of similar scope which your firm has conducted solid waste management services for other public agencies in the greater Los Angeles area. For each project, provide the following information: Nameof City, address, annual project cost, date services began, date servicesended, your project manager and key personnel names.

C. Project Implementation
Discuss the proposed methods, processes, technical activities and products that will be utilized to implement solid waste management services as identified in " Scope of Work". Also identify any potential problems or areas of concern anticipated with the program requirement and objectives.

D. Project Schedule
Providea scheduleIdentifyingmilestonesfor the major tasks of the project, beginningwith the Executionof Contract (Section8, Attachment C" of Agreement).

E. Resources Requirements
Providea briefdescriptionof the proposedprojectpersonnelby function, man-hour and fee estimateby item identifiedin "Scope of Work".

Pleasestate all assumptionsuponwhich the estimatesare based. Also provide a total " Not to Exceed" fee for the project.

F. Fee Schedule
Providethe hourlyratesof all personnelassignedto the project. These rates will be used to negotiate any additional work the City may request.

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G. Agreement
Attachment "B" is a copyof the City's professionalserviceagreement. A statement MUST be made in the proposal that all terns and conditions are acceptable.

H. Insurance
Proof of insurance requirements addressed in the professional service agreement of this Request for Proposal shall be submitted by the selected Consultant upon execution of the contract for submittal to the City Council.

The selectedConsultantmust submita "StatementCertifyingInsurance Coverage"certifyingthattherequiredInsurancecoveragewillbeobtained by theConsultant, andthattheConsultantunderstandssaidcoverageis prerequisiteforenteringIntoanagreementwiththeCity. TheConsultant is required to confirm with its insurancecarrier that it can meet all the requirements for insurance. Failure to meet the insurance regulations as set forth shall result in the consultant's disqualification.

I. Reference
List of at least three (3) referencesfor similar projects must be provided.

Include contact person, address, and telephone number.

SUBMITTAL OF PROPOSAL
Six ( 6) copies of the proposal shall be presented in a sealed envelope bearingthe name, addressand telephonenumberof the individualor entitysubmittingtheproposalandshallbeaddressedto MS. MICHELE

HARD, PUBLIC WORKS MANAGER, DEPARTMENT OF PUBLIC
WORKS, CITY OF MONTEBELLO, 1600 WEST BEVERLY
BOULEVARD, MONTEBELLO, CA 90640- 3932. The envelopeshall be clearly marked with the notation " DO NOT OPEN — PROPOSAL'. The proposal shall be delivered to the addressee on or before 5:00 p.m. on Monday, December13, 2004.

SELECTION PROCEDURES
Criteriafor the evaluationof the proposalsmay include, but neednot be limited to the following:

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A. Completeness of proposal.

B. Firm's and key project team member's experiencein performingsimilar services.

C. Consultants demonstrated understanding of the scope of work.

D. Qualityof workpreviouslyperformedby the firm.

E. The resources and fee required to perform the requested services.

F. The consultant' s comments on the professional services agreement.

G. References
A "Short List" of firms will be selected for further consideration and may be contactedto arrange an interview with City Staff.

ORAL INTERVIEWS
In addition to the written proposal, each firm may be askedto make an oral presentationto a SelectionAdvisoryCommittee.

The Consultantshouldhave availablethe Project Managerand the key project team member(s) to discussthe following:

A. The major elements of the proposal and be prepared to answer questions clarifying their detailed proposal.

B. A description of previouslyrelated experiencefor key project team member( s).

C. The proposedman-hour resourcesand total project fee.

RIGHT TO REIECT ALL PROPOSALS
TheCityreservestherightto reduceor reviseelementsof thescopeof work prior to the award of any contract. Furthermore, the City reserves the right to reject any and all proposals submitted; and no representation ismadeherebythatanycontractwillbeawardedpursuantto thisRequest for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submissionof additional information and/or In any other aspectof a proposalpriorto the awardof a written contractwill be bome by the proposer.

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All proposals submitted to the City in responseto this Request for Proposalsshallbecomethepropertyof theCity.

QUESTIONS
If there are any questionsregardingthis Requestfor Proposal, please contact Ms. Michele Haro, Public Works Manager, at ( 323) 887- 4611.

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Attachment C
MCA
ProposedScheduledforSolidWasteManagementServicesfortheCityof Montebello Meet with City Staff to ascertain specific City
needs rFebrua -05 rFebruary-05
Review City non-exclusive franchise
re uirements
Work with Cityto determineapprovedchanges
if any to forms and requirements February-05 March- 05
Notify haulers of mandatory hauler meeting March- 05 March- 05 Conduct mandatory hauler meeting March- 05 March- 05
Staff hauler assistance hotline February-05 February- 05 Develop annual report/ submission to City June- 05 August- 05 Local Business Awards Program -
implementation May-05 Continual
Backyard composting workshops June- 05 August- 05
Implementation of educational programs May-05 Continual Residential Franchise implementation As Needed As Needed Commercial hauler technical assistance March- 05 Continual Hauler Audits 4 March- 05 March- 05
Hauler Audits 4 June- 05 June- 05
Hauler Audits 4 September- 05 September- 05
Hauler Audits 4 December- 05 December- 05
Evaluation of commercial solid waste program February-05 February-05

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ITEM # 18

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Rita Montalvo, Acting Director

SUBJECT: AUTHORIZE ISSUING A REQUEST FOR PROPOSAL (RFP) NO. 24 – 9

FOR THE SERVICE, REPAIR, AND MAINTENANCE OF EMERGENCY

GENERATORS

DATE: January 10, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize issuing a Request for Proposal (RFP) No. 24 – 9 for the service, repair, and maintenance of ten (10) Emergency Generators; and

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

FISCAL IMPACT:

Issuing an RFP for this service does not have a direct cost associated. At this point, the exact cost of services is unknown. Once the selection process is complete, Staff will return to the City Council requesting approval of a professional services agreement per Montebello Municipal Code Chapter 3.20 – Purchasing System guidelines.

Appropriations exist in the Fiscal Year 2023-24 budget for these services, as they are currently being provided. However, depending on the cost proposal of the successful vendor chosen through the RFP process, a budget adjustment may be necessary. Therefore, any budget amendments will be made depending on the total cost of the services procured through the Request For Proposal (RFP) process at the time of contract award and approval, and subsequent budgets will include the appropriate amount of funding for these services.

BACKGROUND/DISCUSSION:

Staff is requesting authorization to issue a Request For Proposal (RFP) for the service,

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CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 10, 2024

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repair, and maintenance of ten (10) emergency generators (RFP 24 - 9, Attachment A).

The locations of the emergency generators -- all managed by the Department of Public Works -- are shown below:

Prime Site 1343 N. Montebello Blvd., Montebello, CA 90640 Golf Course 901 Via San Clemente., Montebello, CA 90640 Fire Station 55 600 N. Montebello Blvd., Montebello, CA 90640 Fire Station 56 1166 S. Greenwood Ave., Montebello, CA 90640 Police Station 1600 W. Beverly Blvd., Montebello, CA 90640 Garvey Reservoir 1395 S. Orange Ave., Monterey Park, CA 91755 Vernon 2800 S. Soto St., Huntington Park, CA 90255
City Hall 1600 W. Beverly Blvd., Montebello, CA, 90640 Fire Station 57 2950 Via Acosta, Montebello, CA 90640

Emergency generators are essential components of the City's infrastructure, supporting various operations at key locations inside and outside city limits. Proper maintenance and repair are vital to guaranteeing their functionality during times of crisis. The City's Public Works Department is responsible for the upkeep of these emergency generators and has deemed it necessary to engage external expertise to ensure the generators' reliability.

The maintenance services being sought are related to identifying a qualified service provider capable of ensuring the optimal functioning of emergency generators through award of a multi-year term agreement.

ENVIRONMENTAL:

N/A

ANALYSIS:

The anticipated Request for Proposal process is scheduled as follows:

• Release Solicitation Monday, January 15, 2024 • Online Q&A Deadline Wednesday, January 31, 2024,11 a.m. PDT • Deadline to Submit Responses Monday, February 26, 2024, at 11 a.m. PDT • City Review of Submissions February 26, 2024/April 2024 • Interviews TBD (If deemed necessary) • Notifications Sent to Contractors April 2024

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CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 10, 2024

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• Award April/May 2024

SUMMARY:

Staff recommends that City Council authorize issuing a Request for Proposal (RFP 24- 9) for service, repair and maintenance for emergency generators.

ATTACHMENT(S)

1. Attachment A - Request for Proposal_RFP No. 24-9

NEXT STEPS:

N/A

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CITY OF MONTEBELLO
Request for Proposals
RFP No. 24-9
Emergency Generator Maintenance and Repair
Services
Release Date: Monday, January 15, 2024
Due Date: Monday, February 26, 2024, at 11 a.m.
1 ATTACHMENT A

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2 (THIS PAGE INTENTIONALLY LEFT BLANK)

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3 TO PROSPECTIVE PROPOSERS
The City of Montebello (“City”) invites proposal submissions under this Request for Proposal (“RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submiss
ions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Bidder will be required to enter into a Professional Services A greement based on the specifications outlined in this RFP.

DATE OF SOLICITATION
January 15, 2024

PROJECT
Emergency Generator Maintenance and Repair Services

PROPOSAL OWNER/CONTACT
City of Montebello
Department of Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: James Coiner, Deputy Director of Public Works
Contact Phone: (323) 887-1200 ext. 1378
Contact E-Mail: [email protected]
Any
questions about this RF P should be submitted via the City's PlanetBids Portal by Wednesday, January 31, 2024, at 11 a.m . Prospective consultants must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
htt
ps://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

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4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 7

5.0 Scope of Work 7

6.0 Proposal Submittal 12

7.0 Evaluation of Proposal 13

8.0 Protests Procedures 14

9.0 Execution of Agreement 16

10.0 Insurance 16

11.0 Use of Federal Funds 18

12.0 Non-Commitment of City 19

13.0 Labor Requirements / Prevailing Wages 19

14.0 Records 20

15.0 Subcontractors 20

16.0 Modifications/Changes 21

17.0 Disclosure of Information 21

18.0 Ex-Parte Communications 21

19.0 City of Montebello Rights 21
A
ppendix A – Proposal Content and Format
Appendix B – References
Appendix C – Sample Professional Services Agreement

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1.0 Notice Inviting Proposals
The City o f M ontebello (“City” ) see ks Proposals from qu alified vendors/contractors to provide on- call r epair an d routine maintenance se rvices for t he City ’s e mergency generators as d escribed in t he Scope of Work/Services se ction below. T he Cit y is seeking capable bidder(s) to work collaboratively wi th local staff to perform services requested in RFP 24-9. Services performed in relation to this request must follow the specifications , terms, and conditions identified in Request for Proposal (RFP) No. 24-9. Prospective respondents are advised to c arefully read information related to this solicitation before submitting a response.

To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective consultants must r egister w ith PlanetBids bef ore being able t o view or submit a response.

Questions must be submitted by Wednesday, January 31, 2024, at 11 a.m. *****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be su bmitted via PlanetBids by Thursday, February 22, 202 4, at 11 a.m.

Responses to this RFP will be evaluated to determine the Co ntractor that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described in the RFP.
5

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6 2.0 Introduction
The City of Montebello (City) is soliciting proposals from qualified vendors/contractors to provide on- call repair and routine m aintenance services for the City’s emergency generators as described in the Scope of Work/Services section below. The City is seeking a capable bidder(s) to work collaboratively with local staff to perform the following tasks:

• Scheduled maintenance service
• On call/emergency repairs
• Utilization of standard warranty coverage (if available) • Customer service resp onsiveness to maximize cost efficiencies, minimize unscheduled repairs and downtime

The City owns ten (10) generators, nine (9) are located within the City and one (1) is in Monterey Pak. (locations provided in the Scope of Work section).

The bidder(s) awarded through this solicitation will be required to enter into an agreement with the City and provide proof of insurance. A sample agreement is attached as Appendix C, and the insurance requirements are l isted in Section 9.0 - Standard Terms and Conditions.

About the City of Montebello
Montebello ("beautiful m ountain" in S panish and Italian) is a city in the County of Los Angeles. Fo unded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full -service City that provides a long list of services, employing approximately 600 full-time and part-time employees in public safety, transit, and non-safety functions.

3.0 Timeline
• Release RFP Monday, January 15, 2024
• Online Q&A Deadline Wednesday, January 31, 2024, at 11 a.m. • Deadline to Submit Responses Monday, February 26, 2024, at 11 a.m. • City Review of Submissions February 26, 2024/April 2024 • Interviews TBD
• Notifications Sent to Contractors April 2024
• Award April/May 2024

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7 4.0 Purpose
The City seeks a highly qualified vendor and/or contractor that will be required to provide on-call repairs and regular maintenance of the City's emergency generators, as described in the Scope of Work/Services section below. As part of the project, the City is looking for a capable bidder(s) who can work collaboratively with local staff.

The City is seeking to establish an agreement with the Consultant. The length of the agreement will be determined upon making a preliminary award selection.

5.0 Scope of Work/Services
The City’s Department of Public Works is in terested in awarding a professional service agreement(s) to repair and maintain ten (10) emergency generators. Locations and descriptions of the generators are as:

Prime Site — 1343 N. Montebello Blvd., Montebello, CA 90640 Manufacturer: Generac
Model: 4610501000
Serial Number: 2080283
Volts: 120/208
Phase: 3 PHA
Engine Description: FORD – Propane
Engine Number: 04QS35825
Engine Serial Number: 04QS35825

Golf Course — 901 Via San Clemente., Montebello CA 90640 Manufacturer: Generac
Model: 9574150100
Serial Number: 2097094
Volts: 120/208
Phase: 3 PHA
Engine Description: John Deere
Engine Number: 5030TF270
Engine Serial Number: PE5030T155558

Fire Station 55 — 600 N. Montebello Blvd., Montebello, CA 90640 Manufacturer: Cummins
Model: DSGAA — 7218050
Serial Number: 6080196791
Volts: 120/208
Phase: Single 3 PH
Engine Description: Cummins
Engine Number: 8CEXL0409AAB
Engine Serial Number: 04QS35825

Fire Station 56 – 1166 S. Greenwood Ave., Montebello, CA 90640

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8 Manufacturer: Kohler
Model: 80RE0ZJF
Serial Number: 33JVGMLG0005
Volts: 120/208
Phase: 3
Engine Description: John Deere
Engine Number: 4045
Engine Serial Number: PE4045N041859

Fire Station 56 – 1166 S. Greenwood Ave., Montebello, CA 90640 Manufacturer: Generac
Model: 7754370100
Serial Number: 2092284
Volts: 120/240
Phase: 1
Engine Description: John Deere
Engine Number: 503OTDF270OC
Engine Serial Number: 6JDXL03.0063 RS23692

Police Station – 1600 W. Beverly Blvd., Montebello, CA 90640 Manufacturer: Caterpillar
Model: SR4
Serial Number: 61A08255
Volts: 480 VOLTS/902 AMPS
Phase: 3
Engine Description: Caterpillar
Engine Number: 3412
Engine Serial Number: 8IZ13452

Garvey Reservoir –1395 S. Orange Ave., Monterey Park, CA 91755 Manufacturer: Olympian – KVA 3/5
Model: 94A02387-S
Serial Number: 2013035 (60 Hertz)
Volts: 120/240
Phase: 3
Engine Description: Generac
Engine Number: 83034 (5.7 L)
Engine Serial Number: N/A

Vernon – 2800 S. Soto St., Huntington Park, CA 90255
Manufacturer: Airman
Model: SDG40S
Serial Number: 1328B10182
Volts: 240/120
Phase: 3
Engine Description: Kubota

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9 Engine Number: V3300
Engine Serial Number: N/A

City Hall – 1600 W. Beverly., Montebello, CA 90640
Manufacturer: Generac
Model: 13778530100
Serial Number: 2113854
Volts: 277/480
Phase: 3
Engine Model: F2CE9685AEXX
Engine Number: OJ2611
Engine Serial Number (Type Code): SD0250KG178.7D18HPYY3

Fire Station 57 – 2950 Via Acosta, Montebello, CA 90640 Manufacturer: Kohler
Model: 30RE0ZK
Serial Number: 33DGGMKR0119
Volts: 240 (Diesel)
Phase: 1
Engine Description: Kohler
Engine Number: TY-KD12504TM/G18
Engine Serial Number: 5228403210

The City has a total of ten (10) generators. During the course of the service agreement, the City may obtain additional units and request maintenance and repair services for the new units. The City will work with the vendor/contractor to mutually agree upon service rates and require an amendment to the agreement for inclusion.

The services required include but are not limited to the following:

Scheduled Preventative Maintenance Service

Upon selecting a service provider, the City’s representative shall work with the vendor/contractor representative to establish a preventative maintenance schedule.

After establishing the schedule, the vendor/contractor will be required to notify the City's representative via e- mail one (1) week before scheduled visits. In addition, the vendor/contractor will maintain maintenance logs for all services at each site.

Quarterly Services are to be performed once every three (3) months and cover the following services:

• Perform comprehensive, detailed inspection of units/housing. • Clean the unit/housing of dust and dirt accumulations. • Lubricate grease fittings, generator bearings, and fan shafts.

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10 • Check battery voltages, charging rates, and specific gravities. Adjust as needed. • Check generator brushes for proper tension/setting as equipped. Adjust as needed.
• Test safety alarm and contacts. Recommend repair as needed. • Obtain a hot oil sample and submit it for analysis. Recommend replacement as required.
• Test safety alarms and contracts. Recommend repair as needed. • Provide written labor and material costs for any repair or replacement work not included as part of maintenance service. Obtain written authorization from City staff to proceed.
• Return the unit back to its original mode of operation.

Annual Services to be performed once every twelve (12) months and cover the following:

• Change crankcase oil. Drain, contain, and dispose of waste oil by current environmental codes.
• Change oil filter(s), air filter(s), fuel filter(s), water separators, and coolant filter(s) as equipped. Replace filters to be disposed of by current environmental codes.

Label the date of installation on the filters.
• Connect resistive or inductive load bank(s) as applicable to the generator. • Run Load test with load for a two (2) hour duration (25/50/75 percent of nameplate rating for thirty (30) minutes, one (1) hour, respectively) • Return the unit to its original mode of operation.
• Record readings, prepare report, and review with designated City staff. Provide written labor and materials costs for any repair or replacement work not included as part of regular maintenance. Obtain written authorization from City staff to proceed.
• Coolant system change, if required.

Automatic Transfer Switch (ATS) To be performed every twenty (24) months for all units at all sites, at the same time as the Annual Services, and covers the following:

• De-energize the transfer switch.
• Clean unit of dust and dirt accumulations.
• Clean open-type relays of dust/grease or oil.
• Inspect the unit for signs of arching, burning, hot spots, charring, or other damage.
• Inspect for loose, broken, or badly worn parts.
• Check terminal lugs and trip units for tightness/signs of overheating. • Check main contacts. Check and re-tighten as needed.

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11 • Check manual switches for free movement and contact continuity. • Check and adjust the relay finger if needed.
• Lubricate all components as required for proper operation. • Check plug connections, if so equipped.
• Check door closure, locking bars, and handle mechanism for proper operation. • Check the exercise timer, if so equipped.
• Perform transfer test of ATS under load.
• Check all components/timers for proper operation and sequencing. Check main power connections for heat build-up with an infra-red gun. • Reset timers to manufacturer specifications and place in automatic mode. • Return the unit to its original mode of operation.
• Record readings, prepare reports, and review with designated City staff. Provide written labor a nd material c osts for any repair or replacement work not included as par t of regular maintenance service. Obtain written authorization from City staff to proceed.

On-Call/Emergency Repair Service

In addition to providing routine scheduled maintenance service, the selected vendor/contractor must also provide on- call/emergency repair services that meet the following requirements:

• Availability via an emergency contact number 24- hours per day/ seven (7) days per week/ 365 days per year
• Vendor/contractor r epresentative must respond on- site within two (2) hours of receiving the repair request.
• All work must be performed on a time and mat erial basis, per contracted labor rates.
• Direct phone access to an on- call representative must be provided on planned Southern California Edison power outages for these sites.

Prospective bidders should provide their hourly rate for this service in the cost proposal.

Replacement Parts

Replacement parts for major system components are to be obtained from the Original Equipment Manufacturer (OEM). Replacement ancillary parts such as batteries , hoses, and clamps may be obtained from the OEM or a reputabl e manufacturer that provides high-quality ancillary components.

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12 Vendors/contractors responding to this solicitation should identify a ny standard discount rate(s) for parts in their cost proposal.

Qualifications

Vendors/contractors must meet the following minimum qualifications to be considered:

A. For emergency repair services, provide 24 -hour service, seven (7) days per week, 365 days per year, with a two (2) hour maximum response time;

B. Have a facility within a reasonable distance of the City to conduct on -site repairs of small, removable parts;

C. Have at least one (1) certified electrician on the payroll;

D. Have the ability to provide fuel refilling services, if needed;

E. Maintain a sufficient number of staff generator-experienced service technicians;

F. Service personnel shall be factory-trained and certified;

G. Service personnel shall be HAZMAT certified to haul and dispose of al l hazardous materials that may be encountered during mainte nance and repair service.

The vendor/contractor agrees that a ll repair and maintenance services shall be performed by competent, trained personnel skilled in the work assigned, and they shall be c ertified to service the listed generators and related items/equipment and that all activity shall meet industry standards. Maintenance personnel shall have a minimum of five (5) years of proven work record on installing and maintaining the lis ted equipment and shall be manufacturer-certified where applicable.

Assigned technician(s) should familiarize themselves with each s ite and have adequate documentation for equipment maintenance, site layout, etc. The City will not pay for unnecessary "discovery time."

6.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and incorporated herein by this reference, for specific details regarding the information that

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13 needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.

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

7.0 Evaluation Criteria
The City will establish an evalua tion committee to review and rat e each Bid Proposal.

The Bid proposal evaluation process will be conducted using a multi-step method, which will include the following steps:

1. Proposal Review: After the submission deadline, qualified professionals and/or firms specializing in generator maintenance will undergo evaluation. The best - qualified candidates in t he field of generator maintenance and ser vices will be invited for an interview.

2. Selection Criteria: The City will select an vendor(s), contractor(s), or organization(s) specializing in generator maintenance and services to provide the required services pursuant to this Request for Proposal based on the evaluation of the proposals and completion of the interview process. The selection process aims to engage the vendor(s), contractor(s), or organization(s) with the highest level of expertise and demonstrated experience in advancing municipal generator maintenance and service programs, as outlined in this request. Criteria for evaluation include, but are not limited to, the following:

a. Completeness of the proposal: How thoroughly the proposal responds to this RFP.

b. Experience: The vendo r(s), contractor(s), or organization(s) will provide information on their knowledge and experience in preparing and implementing generator maintenance and services in accordance with applicable rules and guidelines related to municipal programs.

c. Qualifications: Qualifications of key personnel, including principal(s), project manager(s), and other individuals pertinent to the maintenance and service to the generators.

d. Performance: The vendor(s), contractor(s), or organization(s) must

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14 demonstrate the abilit y to deliver timely and high- quality generator maintenance and services.

e. Insurance Requirements: Proposals should include a statement demonstrating Consultant's ability to meet the City's insurance requirements as outlined in the City's draft Professional Services Agreement (See Appendix C)

Proposals will be evaluated based on the fol lowing qualitative and quantitative factors with the weighted values:

Categories Weighted Points
Project Management Plan 30
Proposed Project Team 10
Qualifications and Experience 15
Technical Approach 25
Proposed Price 20
TOTAL 100

3. Interviews (Optional): If needed, selected c onsultants may be invited for an interview. City staff will confirm dates/times via e- mail or formal communication/letter.

4. Approval and Execution: Upon identification of a preferred vendor(s), contractor(s), or organi zation(s), a professional services agreement in substantially the same form as Appendix C – Sample Professional Services Agreement will be presented to the City Council for consideration and execution by the City Manager or designee.

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

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

A. T he protest must be submitted in writing within the specified time frame (no later

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15 than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:

Mail:

Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640

E-mail:
[email protected]

B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reser ves the right not to implement the propo sed remedy bu t to offer alternative solutions where applicable.

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

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

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

• The items to be procured are urgently required;
• Delivery or performance will be unduly delayed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.

The City will respond in writing with in ten (10) working days after receipt of a properly filed protest. The Director of Financ e will respon d and include a response to each substantive issue raised in the protest.

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16 After the exhaustion of administrative remedies, the protes ting party will b e given the City’s final decision. The Director of Finance has the authority to decide on all protests.

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

9.0 Execution of Agreement
The resulting agreement (Appendix C) shall be signed by the successful Con tractor and returned within the required insurance within ten (10) business days after the City has provided written notice that the C ontractor has been awarded. Failure to execute the agreement and file acceptable insur ance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.

Should the successful Con tractor decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.

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

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

If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as addit ional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.

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

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17 If an automobile is not necessary to perform services, the Firm must submi t a written request for a waiver of this requirement.

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

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

Required Insurance Documentation

Certificate of Insurance
The Certificate Holder must be listed as follows:

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

Endorsements (if requested)
In addition to the Certificate of Insurance, the vendor must provide the following endorsements:

Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, e mployees, and agents" must be endorsed to the vendor’s gener al liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.

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

Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each

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18 policy shall apply on a primary, non- contributing basis with any insurance or self - insurance, primary or excess, maintained by or availabl e to the City or its officials, employees, and agents.

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

In general, any contract deemed sole s ource, professional/professional services involves the disclosure of proprietary inf ormation, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisi ons to the insurance requirements w ill b e identif ied within the associated service contract terms and conditions.

Consultants may request a waiver or modification of these insurance requirements.

Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case-by- case basis, and the decision will ultimately depend on the scope of services. The final decision to appr ove or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

11.0 Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specifi c stan dards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed- through" to the City from a non- Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Titl e 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

The following standards apply to all purchases of items and services using Federal funds:

• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or suppli er on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involve d in the expenditure of federal monies must avoid any actual or apparent conflict of interest

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19 • Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority bus inesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history

In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevai l when a conflict is present.

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

13.0 Labor Requirements / Prevailing Wages

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

B. Health: All personnel engaged in the pe rformance of this work shall be in good health and free of contagious diseases. The Consultant shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Consultant allow the use of or presence of alcohol or drugs on the premises or in the building.

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

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

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20 E. Prevailing Wages (Applicable): Legislation by the State of California imposes prevailing wage requirements on the work to be performed by the vendor/contractor during the term of this agreement.

Department of Industrial Relations (DIR) Registration Requirements:
• No vendor/contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations under Labor Code section 1725.5 [with limite d exceptions from this requirement for bid purposes only under Labor Code section 1771.l(a)]. • No vendor/contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations under Labor Code section 1725.5.
• This vendor/contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
• Vendor/Contractor acknowledges and agrees that it is responsible for compliance with all state law requirements governing employment and payment of apprentices, as outlined in Labor Code section 1777.5, and elsew here, which are fully incorporated herein by this reference.

W
age Rates for State-funded Projects/Contracts
Bid specifications require the vendor/ contractor and any subcontractors to pay prevailing wage ("Prevailing Wage Rates") to persons employed by them for work under this contract. Following the provisions of Section 1773 of the Labor Code of the State of California, the City has asc ertained the general prevailing wage scales applicable to the work to be done. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California.

T
he State prevailing wage rates determination is available directly from the State of California Direc tor of Industrial Relations home page under www.dir.ca.gov/dlsr/ .

14. 0 Records
The Contractor agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Con tractor to audit any performance aspect under this agreement.

15. 0 Subcontractors
The Contractor shall be resp onsible for all work performed under the final agreement

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21 and shall keep all work under his control. No portion of the work may be subc ontracted without the prior written consent of the City. All subcontractors used in this work shall be under the direct supervision of the Contractor and shall be considered as their employees. Any approved subcontractors mus t provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

16. 0 Modifications/Changes
Changes in the area s se rviced and/or specifications may be necessary during the agreement term. Changes in the agreement requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the Contractor. These changes will be processed by the City Manager.

17. 0 Disclosure of Information
A. T
he Contractor agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but no t limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Consultant shall be used exclusively in connection with the performance of services.

B. T
he Contractor shall not issue or release for publication any articles, advertising, or publicity m atters re lating to the services performed by the Con tractor hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.

18. 0 Ex-Parte Communications
Contractors and their representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of th e City about this RFP . This requirement includes any evaluation panel member except for designated RFP facilitators. This requirement remains in effec t un til after award notifications have been made.

T
his restriction does not prohibit con tractors and their representatives f rom making oral statements or presentations to City representatives during a scheduled public meeting. 19 .0 City of Montebello Rights
At its discretion, the City reserves the right to:

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22 A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:
i. T
he proposal is incomplete, non- responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Consultant , in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Consultant failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.

B. R
eject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform; C. Ac
cept all or any part of a bid proposal;
D. C
ancel the entire RFP;
E. I
ssue subsequent RFPs; or
F. W
aive any errors or informalities in any proposal to the extent law permits.

P
lease review:

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

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1 City of Montebello
RFP 24 -9
Emergency Generators Maintenance and Repair Services
Appendix A – COST PROPOSAL
Maintenance Services
Manufacturer Model
Location
Name Location Address Quartlerly Annual Biennial
1 Generac 4610501000 Prime Site
1343 N. Montebello Blvd.,
Montebello, CA 90640 $______/Qtr $________/An. $________/Bi 2 Generac 9574150100 Golf Course
901 Via San Clemente.,
Montebello CA 90640 $______/Qtr $________/An. $________/Bi 3 Cummins
DSGAA —
7218050 Fire Station 55
600 N. Montebello Blvd.,
Montebello, CA 90640
$______/Qtr $________/An. $________/Bi
4 Kohler 80RE0ZJF Fire Station 56
1166 S. Greenwood Ave.,
Montebello, CA 90640 $______/Qtr $________/An. $________/Bi 5 Generac 7754370100 Fire Station 56
1166 S. Greenwood Ave.,
Montebello, CA 90640 $______/Qtr $________/An. $________/Bi 6 Caterpillar SR4 Police Station
1600 W. Beverly Blvd.,
Montebello, CA 90640
$______/Qtr $________/An. $________/Bi
7 Olympian -
KVA 3/5 94A02387-S
Garvey
Reservior
1395 S. Orange Ave.,
Monterey Park, CA 91755 $______/Qtr $________/An. $________/Bi 8 Airman SDG40S Vernon
2800 S. Soto St.,
Huntington Park, CA
90255 $______/Qtr $________/An. $________/Bi
9 Generac 13778530100 City Hall
1600 W. Beverly.,
Montebello, CA 90640 $______/Qtr $________/An. $________/Bi 1 0 Kohler 30RE0ZK Fire Station 57
2950 Via Acosta,
Montebello, CA 90640 $______/Qtr $________/An. $________/Bi

APPENDIX A

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2 On-Call/Emergency Repair Services
Rate
During Normal
Business Hours After Hours
12 On-Call/Emergency Repair Labor
(Rate Per Hour) $________________/Hr $_____________/Hr
13 Standard Discount % Rate For Parts
(If Any) __________________%
B
usiness Name:_____________________________________________ Name of Representa/ve/Title:_________________________________ Email Address:______________________________________________ Phone Number:_____________________________________________ Signature:__________________________________________________

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City of Montebello
RFP 24 - 9
Emergency Generators Maintenance and Repair Services
Appendix B – REFERNCES
Entity Name
B
usiness Address
N
ame of Contact
T
itle Contact
T
elephone Number of Contact
E
mail of Contact
D
escription of Project
D
ate of Service
E
ntity Name
B
usiness Address
N
ame of Contact
T
itle Contact
T
elephone Number of Contact
E
mail of Contact
D
escription of Project
D
ate of Service
E
ntity Name
B
usiness Address
N
ame of Contact
T
itle Contact
T
elephone Number of Contact
E
mail of Contact
D
escription of Project
D
ate of Service

APPENDIX B

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APPENDIX C
C

ITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO.

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

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide services in the CITY; and
WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

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

1. This Agreement and its Exhibits, including scope of work, fee schedules, and any and all addenda or supplemental agreements.

2. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.
a. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide
services as set
forth fully in the scope of work, as such is set forth fully in Exhibit “A” attached hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

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PROFESSIONAL SERVICES AGREEMENT NO.

Page 2 of 12 ends

c
. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product

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PROFESSIONAL SERVICES AGREEMENT NO.

Page 3 of 12 ends

shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written pr oducts shall be the subject of a copyright application by the CONSULTANT.

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refu ses to perform any of the provisions of this Agreement at the time and in the manner req uired, the non-defaulting party shall give the defaulting party written notice of t he default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-def aulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be recti fied, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTA NT, the CITY may take over the work and prosecute the same to completion by co ntract or otherwise for the account and at the expense of the CONSULTANT. The C ONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agr eement in whole, or in part, by

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giving ten (30) business days’ written notice to th e CONSULTANT. Upon the termination of this Agreement as provided herein, t he CITY shall provide to the CONSULTANT the part of Compensation which would oth erwise be payable to the CONSULTANT for services the CONSULTANT had complete d as of the date of termination, less the amount of all previous paymen t with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non- refundable” costs that the CONSULTANT has incurred for its serv ices under this Agreement, provided that: (1) such “non- refundable” costs wer e incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred th e costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CON SULTANT for its performance of services under this Agreement. The CONSULTANT agree s to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EM PLOYEES.

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

SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remai n as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the co nduct of the CONSULTANT except as expressly set forth in this Agreement. Th e CONSULTANT shall not at any time or in any manner represent that he or she is i n any manner an elected official, officer, employee, or agent of the CITY. No employe e benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance here under for the CITY, the CITY shall not be liable for compensation to the CO NSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsu ltants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that n othing in this Agreement shall create or be construed to create a partnershi p, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a c harge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsult ants

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with workers’ compensation insurance or any other insurance.

SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDE MNITY. a. If the CONSULTANT is a California Public Employe es’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide s uch notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remai ns in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulatio ns applicable to CalPERS annuitants.

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

c. Notwithstanding any other agency, state or feder al policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and an y of its employees, agents, and subconsultants providing service under this Agr eement shall not qualify for or become entitled to, and hereby agree to waive any c laims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer co ntribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

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

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SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTAN T 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 in surance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed opera tions, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, t he limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if C ONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

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

b. If the CONSULTANT maintains higher limits than t he minimums shown above, the CITY requires and shall be entitled to c overage for the higher limits maintained by the CONSULTANT.

c. The CONTACTOR shall require each of its subconsu ltants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

d. The policy or policies required by this Agreemen t shall be issued by an insurer admitted in the State of California and with a curr ent rating of at least A:VII in the latest edition of Best's Insurance Guide.

e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior writ ten notice (ten [10] days for non- payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effe ct the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon. f. Evidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evi dencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifte en (15) business days prior to

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the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificat es of insurance showing that the aforesaid policies are in effect in the required am ounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

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

i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the C ITY, its officers, employees, agents and volunteers as additional insureds. All o f the policies required under this Agreement shall contain an endorsement providing th at the policies cannot be canceled or reduced except on thirty days’ prior wr itten notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

j. The insurance provided by the CONSULTANT shall b e primary to any coverage available to the CITY. Any insurance or se lf-insurance maintained by the CITY, its officers, employees, agents, or volunteer s, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a lo ss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULT ANT shall either reduce or eliminate the deductibles or self-insured retention s with respect to the CITY, or the

CONSULTANT
shall procure a bond guaranteeing payment of losses and

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

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

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

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

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or applicatio n of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breac h, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, ex pert fees, costs and necessary disbursements incurred in that action or proceeding , in addition to such other relief as may be sought and awarded. The venue for any lit igation shall be County of Los Angeles, California. The Parties agree that the cov enants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

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a. It has received independent legal advice from it s attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully re ad this Agreement, knows the contents thereof, and has relied solely on the stat ements 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 pe rson or entity to make any statement, representation or disclosure of any matter whatsoever; and

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

SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agree ment are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

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

c. In case any one or more of the provisions contai ned in this Agreement shall for any reason be held to be invalid, illegal, or u nenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invali d, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the p arties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreem ent. Any signed copy of this Agreement or of any other document or agreement ref erred to herein, or copy or counterpart thereof, delivered by facsimile transmi ssion, shall for all purposes be treated as if it were delivered containing an origi nal manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

f. Each of the parties acknowledges that it has bee n represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and h as freely and voluntarily waived and relinquished the right to counsel.

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

SECTION 22. NOTICE.

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All notices, demands, requests or approvals to be g iven under this Agreement shall be given in writing and conclusively shall be deeme d served when delivered via e- mail (an “Electronic Notice” as further defined bel ow), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as here inafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: Arlene Salazar,Assistant City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [ENTER EMAIL ADDRESS]
With a copy to: City of Montebello – Department Nam e
Attn: Name and Title of Department Head
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 558 -1625 ext.

Email: [ENTER EMAIL ADDRESS]

If to Consultant: Consultant Name
Attn:

Address
City, CA #####
(###) ###-####
Email

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNIT Y EMPLOYER.

In the performance of this Agreement, the CONSULTAN T shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, nation al origin, ancestry, age, physical or mental handicap, mental condition or sexual orie ntation. The CONSULTANT will take affirmative action to ensure that sub- co nsultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affe cted by the services to be performed by the CONSULTANT under this Agreement, o r which would An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

Electronic Notice shall be deemed received at the time th e party sending Electronic Notice receives verification of receipt by the receiv ing party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

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conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. F urthermore, the CONSULTANT shall avoid the appearance of having any interest t hat would conflict in any manner with the performance of its services pursuant to this Agreement.

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

SECTION 25. ENTIRE AGREEMENT.

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

[SIGNATURE PAGE TO FOLLOW ]

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IN WITNESS WHEREOF, the parties, through their resp ective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO CONSULTANT NAME

Raul Alvarez, City Manager Full Name, Title

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Request for Proposals for Services and
Contractor’s Proposal
• Exhibit B – Schedule of Compensation
• Exhibit C – Live Scan Fingerprinting Requirement

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EXHIBIT “A”

Request for Proposals for Services and Contractor’s Proposal

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EXHIBIT “B”

Schedule of Compensation

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EXHIBIT “C”

Live Scan Fingerprinting Requirements
Prior to commencing services, the CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department.

The CONSULTANT shall be responsible for obtaining t he Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the backgro und check results and subsequent records for review. The CONSULTANT must obtain a “Temporary Consultant’s Badge” issued by the City of Montebell o Human Resources prior to performing work.

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ITEM # 19
APPROVAL OF MINUTES: OCTOBER 17, 2023, SPECIAL CITY COUNCIL MEETING; OCTOBER 25, 2023, CITY COUNCIL MEETING; OCTOBER 26, 2023, SPECIAL CITY COUNCIL MEETING; NOVEMBER 8, 2023, CITY COUNCIL MEETING; NOVEMBER 13, 2023, JOINT SPECIAL CITY COUNCIL AND PLANNING COMMISSION MEETING; NOVEMBER 22, 2023, CITY COUNCIL MEETING; DECEMBER 13, 2023, CITY COUNCIL MEETING

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CITY OF MONTEBELLO

SPECIAL CITY COUNCIL MEETING AGENDA

MINUTES
TUESDAY, OCTOBER 17, 2023 AT 11:45 AM
QUIET CANNON, CRYSTAL ROOM 1
901 VIA SAN CLEMENTE

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER
Mayor Torres called the meeting to order at 11:50 a.m.

ROLL CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Melendez, and Councilmember Tamayo.

Councilmember Jimenez arrived at 11:51 a.m.

City Attorney Arnold Alvarez-Glasman, Senior Deputy City Clerk Kimberly Guillen and Management Analyst Samantha Nevarez were also present.

PUBLIC COMMENTS ON AGENDA ITEMS
ONLY (30 MINUTES)
At
this time, the general public may only address the City Council during this Special Meeting on items which have been describ
ed in the notice of this Special meeting in accordance with Government Code Section 54954.3(a). Please be aware that the maximum time allotted for members of the public to speak on shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda.

Please show courtesy to others and direct all of your comments to the Mayor.

The City Clerk’s Office acknowledged one(1) member of the public wishing to address the City Council. Speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s office.

CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

1. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957
Position: City Manager
DRAFT

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October 17, 2023: City Council Meeting Minutes Page 2 of 2

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Navarro vs. City of Montebello, et al.

Case No. ADJ13310066, ADJ2613081, ADJ2548565, ADJ15539383, ADJ7472140, ADJ7964720, ADJ2654347, ADJ10708805, ADJ3507314, ADJ6779197, ADJ12495501, ADJ2613081, ADJ10708805, ADJ6773842
REGULAR SESSION – IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT
Mayor Torres reconvened the meeting at 7:09 p.m.

All five members were present to discuss all Closed Session items. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: Item No. 1, Council provided direction to the City Attorney's Office, no action was taken and nothing further to report; Item No. 2, an update was provided, no action was taken and nothing to further report.

REGULAR BUSINESS - NONE

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on October 25, 2023, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

Date and Posted: October 12, 2023, at 6:00 p.m.

I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that the foregoing Notice of the Special Meeting was posted at City Hall, Quiet Cannon, and the City’s website and delivered to each member of the City of Montebello City Council no less than 24-hours before the start of the Special Meeting.

Kimberly Guillen, Senior Deputy City Clerk
Mayor Torres motioned, seconded by Mayor Pro Tem Peralta to adjourn the meeting at 7:10 p.m.

THE MINUTES OF OCTOBER 17, 2023 ARE HEREBY APPROVED AND ADOPTED ON THIS 10TH DAY OF JANUARY 2024.

DRAFT

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CITY OF MONTEBELLO

REGULAR MEETING

MINUTES
WEDNESDAY, OCTOBER 25, 2023 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.

Mayor Torres called the meeting to order at 6:02 p.m.

ROLL CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Melendez, and Councilmember Tamayo.

Councilmember Jimenez arrived at 6:46 p.m. City Clerk Jimenez and Treasurer Matanga were also present.

City Attorney Arnold Alvarez-Glasman, Acting City Manager Arlene Salazar, Senior Deputy City Clerk Kimberly Guillen, and all Department Directors were present.

ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Alvarez-Glasman announced the Closed Session Items.

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council 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 and City Council.

None.

CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

Mayor Torres recessed the meeting into Closed Session at 6:03 p.m. to consider the following Closed Session items:

DRAFT

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October 25, 2023: City Council Meeting Minutes Page 2 of 8

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Creswell, Vernon v City of Montebello
State Case No. BC673051
State Lead Case No. Consolidated with 20STCV49254
Federal Case No. 5:22-cv-00787

2. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Agency Negotiators: Arlene Salazar, Acting City Manager; Nicholas Razo, Director of Human Resources Employee Organization: SMART-TD

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT
Mayor Torres motioned, seconded by Mayor Pro Tem Peralta to suspend the rules and begin the Regular Session earlier than usual; the motion passed unanimously.

Mayor Torres reconvened the meeting at 6:38 p.m.

Four members were present to discuss all Closed Session items. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: Item No. 1 Council directed the City with a possible resolution, no action taken and nothing further to report; Item No. 2 a briefing was provided, no action taken and nothing further to report.

INVOCATION
Led by City Treasurer Matanga.

PLEDGE OF ALLEGIANCE
Led by City Clerk Jimenez.

CORRECTIONS TO THE AGENDA - ACTING CITY MANAGER
Acting City Manager Arlene Salazar announced the following corrections: Item No. 9's recommendation is to approve an agreement for a total not to exceed $222,134.96. However, the contingency mentioned in the summary of the staff report is not needed. Item No. 16 was pulled for a staff presentation.

CEREMONIAL ITEMS/PRESENTATIONS

3. OATH OF OFFICE FOR MIA FLORES, YOUTH AND EDUCATION COMMISSIONER The Oath of Office was administered by Councilmember Tamayo.

4. MCAP QUARTERLY UPDATE
Sandra Olivas, MSW Social Worker Coordinator, and Jonathan Hernandez, Social Work Supervisor, provided a presentation regarding the item.

Councilmember Melendez commended staff for their work and inqu ired about the registration list for the tiny homes and donations.

Councilmember Tamayo requested clarification on the tiny homes waitlist.

Mayor Pro Tem Peralta asked when the second MCAP team would come to fruition. She also inquired about the timeline and transition period for those individuals housed in the Tiny Homes.

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October 25, 2023: City Council Meeting Minutes Page 3 of 8 MSW Social Worker Coordinator Olivas, Social Work Supervisor Hernandez, and Senior Management Analyst Andrew Leon provided clarification.

Councilmember Jimenez invited the public to the clothing and shoe drive hosted by the Run Montebello Run Group.

Mayor Torres requested the long-term success rate for individuals who are transferred to permanent housing. He also asked how the underpass cleanup was conducted. Mayor Torres requested to meet with staff to discuss a better solution to clean the Rio Hondo Chanel. He also inquired about the You-Are-Home Initiative. He further asked if the QR Code was ready and directed staff to add the QR Code to the Montebello App.

Mayor Torres asked if the information could be sent to Rubio in addition to a presentation provided in the past.

5. INCLUSIONARY HOUSING PRESENTATION
Julie Cooper of Economic and Planning Systems provided a presentation on the item. The presentation included information on the study process, project timeline, market conditions, feasibility methodology, findings, and next steps.

Councilmember Melendez inquired about the drop in inclusionary housing.

Councilmember Tamayo inquired about the other cities that were also part of the study.

Mayor Pro Tem Peralta suggested having a Special Study session to discuss adopting an ordinance for housing.

Mayor Torres requested that the feasibility study be posted on the City website; he further asked clarification questions regarding the presentation.

Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo, to schedule a Special Study Session for further discussion.

PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.

The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.

Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council 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 and City Council.

The City Clerk’s Office acknowledged three(3) 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.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
Acting City Manager Salazar announced the upcoming City-Wide events, including the Halloween Fest and the Dia de los Muertos Community Altar Display.

REGULAR BUSINESS

6. FISCAL YEAR 2023-24 FIRST QUARTER BUDGET REPORT
RECOMMENDATION: It is recommended that the City Council:

1. Receive and file this agenda report and presentation on the Fiscal Year 2023-24 First Quarter Budget Report; and,
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2. Take such additional, related action that may be desirable.

Director of Finance Michael Solorza provided a presentation of the item. The presentation included an overview of Fiscal Year 2022-23 unaudited results, Fiscal Year 2023-24 projections, revenue highlights, expenditure updates, and hotel operations updates.

Councilmember Tamayo asked for clarification on the updated forecast.

Mayor Pro Tem Peralta recognized the collaborative effort to provide monthly reports to the public.

Mayor Torres inquired about the City's strategy to maintain a healthy reserve; he requested a memo or an agenda item presentation explaining how the City plans to spend reserve funds.

Director Solorza provided clarification and agreed to provide additional information for the Council.

Mayor Torres also requested the sales tax revenue from the Market Place compared to the sales tax that the City received from Costco. He also noted that there was an excess of funds from the Taylor Ranch Project. He suggested holding the funds for the maintenance and upkeep of City Artwork.

Mayor Torres motioned, seconded by Mayor Pro Tem Peralta, to schedule a Strategic Planning Session in January or February 2024; the motion passed unanimously.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.

Mayor Pro Tem Peralta pulled Item No. 8; Item No. 14 was pulled by a member of the public; Item No. 16 was pulled by staff for a presentation.

Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, that Item No's. 7, 9 (as amended), 10-13, 15, and 17 be approved; the motion passed unanimously.

7. FIRST QUARTER FISCAL YEAR 2023-24 TREASURER'S REPORT (AS OF SEPTEMBER 30, 2023)

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending September 30, 2023 (First Quarter of Fiscal Year 2023-24).

Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, to approve the item; the motion passed unanimously.

8. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4152 FOR A PARK AMENITIES ACCESSIBILITY ASSESSMENT (RFP NO. 24-2) TO "COMMUNITY WORKS GROUP DESIGN"

RECOMMENDATION: It is recommended that the City Council:

1. Award Professional Services Agreement No. 4152 to "Community Works Design Group" in an amount not-to-exceed Seventeen Thousand Four Hundred Forty Five Dollars ($17,445) annually for a Park Amenities Acessibility Assessment; and

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

3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $17,445 in Account No. 100-70-700-6040.10; and

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

Mayor Pro Tem Peralta spoke in favor of the item.

Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.

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9. UNINTERRUPTED POWER SYSTEM (UPS) REPLACEMENT - MONTEBELLO POLICE DEPARTMENT 911/COMMUNICATION CENTER

RECOMMENDATION: It is recommended that the City Council:

1. Determine and find that the replacement is of an emergency nature and required to prevent interruptions to the Montebello Police Department 911/Communication Center; and

2. Authorize the City Manager to execute a professional service agreement with Computer Protection Technology for the replacement of the uninterrupted power system (UPS) and Amend the Fiscal Year 2023-2024 budget by increasing appropriations by $222,134.96 in Account No. (230-99-847-6010.10) for the emergency replacement; and

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

Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, to approve the item with the amendment to remove contingency costs; the motion passed unanimously.

10. APPROVE PURCHASE OF REPLACEMENT POLICE DEPARTMENT VEHICLES

RECOMMENDATION: It is recommended that the City Council:

1. Approve the purchase of two (2) vehicles from Ford of of Montebello (Ford Explorer) and Camino Real Chevrolet (Chevrolet Tahoe) for use by Police Department administrative (command) staff; and

2. Authorize the surplus of unneeded or otherwise unnecessary police vehicles; and

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

Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, to approve the item; the motion passed unanimously.

11. APPROVAL OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS), SELECTIVE TRAFFIC ENFORCEMENT

PROGRAM (STEP) GRANT FUNDS UTILIZATION

RECOMMENDATION: It is recommended that the City Council:

1. Approve the use of grant funding awarded to the Police Department by the California Office of Traffic and Safety (OTS) through the Selective Traffic Enforcement Program (STEP), Grant number PT24122, in the amount of $145,000; and

2. Amend the Fiscal Year 2023-24 budget and increase appropriations by $145,000 in grant Account No. 265-8013-800, OTS-STEP Grant, PT24122 FY 2023-24 (Overtime, Other Direct Costs and Travel and Meetings); and

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

Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, to approve the item; the motion passed unanimously.

12. APPROVE ISSUING A BUS STOP IMPROVEMENT PROJECT (BSIP) CONSULTING SERVICES REQUEST FOR PROPOSAL (RFP) NO. 24-7

RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing a Bus Stop Improvement Project (BSIP) Consulting Services Request for Proposal (RFP) No. 24- 7; and

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

Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, to approve the item; the motion passed unanimously.

13. AMEND THE FISCAL YEAR 2023-24 TRANSIT CAPITAL IMPROVEMENT PROGRAM BUDGET FOR

VARIOUS PROJECTS

RECOMMENDATION: It is recommended that the City Council:

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1. Amend the Transportation Department Capital Improvement Program (CIP) budget for Fiscal Year 2023- 24 by increasing appropriations in the various accounts as detailed on Attachment A in the total amount of $10,790,471; and

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

Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, to approve the item; the motion passed unanimously.

14. APPROVE ISSUING A REQUEST FOR PROPOSALS FOR AN ART ADVISORY CONSULTANT TO SUPPORT

AND FACILITATE THE ART IN PUBLIC PLACES PROGRAM AND PERFORM ADDITIONAL RELATED AS-

NEEDED SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing a Request for Proposals (“RFP”) for an Art Advisory Consultant to Support and Facilitate the Art in Public Places Program and Perform Related As-Needed Services; and,

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

The City Clerk’s Office acknowledged one(1) member of the public wishing to address the City Council. The speaker was provided three minutes to address the City Council, and said speaker cards are on file at the City Clerk’s office.

Mayor Pro Tem Peralta motioned, seconded by Mayor Torres, to approve the item; the motion passed unanimously.

15. ADOPT RESOLUTION NOS. 23-76 AND 23-77 APPROVING THE JOB SPECIFICATION AND SALARY

RANGE FOR THE FULL-TIME EQUIVALENT CLASSIFICATION OF ELECTRICIAN AND PLUMBER

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-76 approving the job specification for the full-time equivalent (FTE) classification of Electrician and Plumber; and

2. Adopt Resolution No. 23-77 approving the compensation plan to include the salary range for both the FTE classification of Electrician and Plumber (Range 27: $63,242 – $78,980); and

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

Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, to approve the item; the motion passed unanimously.

16. APPROVE AGREEMENT NO. 4158 WITH FLO-SERVICE, INC. FOR MAINTENANCE AND REPAIRS FOR THE SEWER LIFT STATION AT 348 E. LINCOLN AVENUE

RECOMMENDATION: It is recommended that the City Council:

1. Approve Agreement No.4158 with Flo-Services for repairs for the Sewer Lift station at 348 E. Lincoln Avenue at Sanchez Drive in the total amount of $235,432 under the authority of Montebello Municipal Code (MMC) Section 3.20.050(D); and,

2. Approve issuing a purchase order to A-n-W Construction for sidewalk repairs in the amount of $10,818; and

3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $250,000 in Account No. 100-30-340-6040.50 (General Fund, Public Works, Sewer Operations, Contract Services Street Maintenance); and

4. Authorize issuing a request for Proposals (RFP) for the maintenance, operation, and repairs of the four (4) sewage pump stations at Lincoln Avenue at Rancho Drive, Natasha Lane cul-de-sac, Lincoln Avenue at Sanchez Drive, and Grant Rea Park; and

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

Acting Public Works Director Rita Montalvo provided a presentation on the item.

Councilmember Tamayo inquired if the City was paying for the damage or if the insurance was paying for a portion.

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to receive reimbursement.

Councilmember Melendez, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.

17. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-75 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED OCTOBER 25, 2023

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-75 approving the Warrant Register dated October 25, 2023.

Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, to approve the item; the motion passed unanimously.

PUBLIC COMMENTS - CONTINUED

AB 1234 TRAVEL REPORTS
Members will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

None.

COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.

• Salvador Melendez, Councilmember

• Georgina Tamayo, Councilmember

• Scarlet Peralta, Mayor Pro Tem

• Angie M. Jimenez, Councilmember

• David N. Torres, Mayor

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on November 8, 2023, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

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I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, October 29, 2023, no later than 6:00 p.m.

Kimberly Guillen, Senior Deputy City Clerk

Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo to adjourn the meeting at 9:18 p.m.

THE MINUTES OF OCTOBER 25, 2023, ARE HEREBY APPROVED AND ADOPTED ON THIS 10TH DAY OF JANUARY 2024.

EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.

• CITY OF MONTEBELLO FORECASTED AGENDA

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CITY OF MONTEBELLO

SPECIAL CITY COUNCIL MEETING AGENDA

MINUTES
THURSDAY, OCTOBER 26, 2023 AT 4:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES
CALL TO ORDER - 4:00 P.M.

Mayor Torres called the meeting to order at 4:01 p.m.

ROLL CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Melendez, and Councilmember Tamayo.

Councilmember Jimenez arrived at 4:38 p.m.

City Attorney Arnold Alvarez-Glasman and Senior Deputy City Clerk Kimberly Guillen were present.

ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Alvarez-Glasman announced the following items for Closed Session:

PUBLIC COMMENTS ON AGENDA ITEMS ONLY (30 MINUTES)
At this time, the general public may only address the City Council during this Special Meeting on items which have been described in the notice of this Special meeting in accordance with Government Code Section 54954.3(a). Please be aware that the maximum time allotted for members of the public to speak on shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda.

Please show courtesy to others and direct all of your comments to the Mayor.

The City Clerk’s Office acknowledged one(1) member of the public wishing to address the City Council. The speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s office.

CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

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1. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957
Position: City Manager

REGULAR SESSION – IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

Mayor Torres reconvened the meeting at 6:30 p.m.

All five members were present to discuss the Closed Session item. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: Item No. 1; City Council discussed the appointment of a City Manager, and direction was given to the City Attorney's Office for possible negotiation for a candidate.

REGULAR BUSINESS - NONE

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on November 8, 2023, at 6:00 p.m. which can be live streamed at https://www.montebelloca.gov (Click on Live Stream).

Date and Posted: October 23, 2023 at 5:30 p.m.

I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that the foregoing Notice of the Special Meeting was posted at City Hall and the City’s website and delivered to each member of the City of Montebello City Council no less than 24-hours before the start of the Special Meeting.

Kimberly Guillen, Senior Deputy City Clerk

Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo, to adjourn the meeting at 6:31 p.m.

THE MINUTES OF OCTOBER 26, 2023, ARE HEREBY APPROVED AND ADOPTED ON THIS 10TH DAY OF JANUARY 2024.

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CITY OF MONTEBELLO

REGULAR MEETING

MINUTES
WEDNESDAY, NOVEMBER 8, 2023 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.

Mayor Torres called the meeting to order at 6:03 p.m.

ROLL CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Jimenez, Councilmember Melendez, and Councilmember Tamayo. City Clerk Jimenez and City Treasurer Matanga were also present.

City Attorney Gloria Ramirez, Acting City Manager Arlene Salazar, Senior Deputy City Clerk Kimberly Guillen, Management Analyst Samantha Nevarez, and all Department Directors were present.

ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Gloria Ramirez announced the items for Closed Session.

None.

CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

Mayor Torres recessed the meeting into Closed Session at 6:04 p.m. to consider the following Closed Session items:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
a. Government Code Section 54956.9(d)(1)
Proposed Class Action Settlements
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City of Camden, et al., v. E.I. DuPont de Nemours and Company, et al., No. 2:23-cv-03230-RMG City of Camden, et al., v. 3M Company, No. 2:23-cv-03147-RMG

b. Government Code Section 54956.9(d)(1)
Keller vs. City of Montebello, et al.

Case No: ADJ5593999, ADJ5594000, ADJ5594001

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One matter related to the Brownfield Overlay Zone

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

Mayor Torres reconvened the meeting at 6:59 p.m.

All five members were present to discuss all Closed Session items. City Attorney Gloria Ramirez provided the following report to City Council: Item No. 1a, a briefing was provided, and the Council approved direction not to opt out of the class action settlement; Item No. 1b, Council received a briefing and approved the proposed settlement on the matter; Item No.

2. Council received a briefing and provided direction to the City Attorney's Office, no action was taken, and nothing further to report.

INVOCATION

Led by City Clerk Jimenez.

PLEDGE OF ALLEGIANCE

Led by City Treasurer Matanga.

CORRECTIONS TO THE AGENDA - ACTING CITY MANAGER

Acting City Manager Salazar announced the following corrections: Item No. 21 should state Agreement 4162; Item No. 6 should be Human Rights Month. Human Trafficking Awareness Month will be recognized in January.

CEREMONIAL ITEMS/PRESENTATIONS

3. CITIZEN OF THE MONTH - ABRAHAM LIM
Presented by Mayor Torres.

4. MOVEMBER
Presented by Mayor Torres.

5. ALZHEIMER'S DISEASE AWARENESS MONTH
Presented by Mayor Torres.

6. HUMAN TRAFFICKING AWARENESS MONTH
Mayor Torres presented the Proclamation for Human Rights Month.

7. ATHENS SERVICES - SERVICE UPDATES
Jessica Alveranga, Government Affairs Director of Athens Services, provided a presentation of the expected changes, including the first compost mulch giveaway, statistics of trash that has been diverted, and bulky items.

Mayor Pro Tem Peralta requested clarification about reporting bulky items.

Councilmember Melendez thanked Government Affairs Director Alveranga for clarifying the new Senate Bill 1383.

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Government Affairs Director Alveranga stated that she would be open to partnering with the Council to provide educational material for social media.

Mayor Torres asked how often lid flippers are done.

Government Affairs Director Alveranga provided clarification.

The City Clerk’s Office acknowledged thirteen (13) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council, and said speaker cards are on file at the City Clerk’s office.

Mayor Torres directed staff to contact several speakers to follow up on their concerns.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

Acting City Manager Salazar invited the community to the following events: Veterans Day Memorial Event on November 11, 2023, at Montebello City Park; Winder Wonderland on December 2, at City Hall; and Lunch with the Montebello Police Chief Espinosa on December 6, at the Ark of Montebello.

PUBLIC HEARING

8. WAIVE FIRST READING AND INTRODUCE ORDINANCE NO. 2466 AMENDING THE GENERAL PLAN AND ZONING DESIGNATION (CASE NO. PC-2023-0012-GPA-ZC-LLA) FOR THE PROPERTY LOCATED AT 437 N. SPRUCE STREET TO ALLOW ZONING CONFORMITY FOR THE EXISTING COMMERCIAL AND

RESIDENTIAL USES AT THE PROJECT SITE

RECOMMENDATION: It is recommended that the City Council:

1. Uphold the recommendation from the Planning Commission to approve General Plan Amendment (GPA) and Zone Change (ZC) Case No. PC-2023-0012-GPA-ZC-LLA to amend the General Plan Designation from Boulevard Commercial to Boulevard Commercial (proposed Lot A) and Low Density Residential (proposed Lot B) and approve a Zone Change (ZC) from C-1 (Neighborhood Commercial) to C-1 (proposed Lot A) and R-1 (Single Family Residential) (proposed Lot B) to allow the existing commercial and residential uses at 437 N. Spruce Street, Montebello, California 90640 (the "Project Site") to be properly designated, and make related findings that the proposed project is consistent with the Montebello General Plan; and

2. Waive first reading and introduce Ordinance No. 2466 approving a GPA and ZC (Case No. PC-2023- 0012-GPA-ZC-LLA) for the property located at the Project Site; and

3. Find and determine the GPA and ZC to be statutorily exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

No physical changes will occur as a result of the proposed General Plan Amendment and Zone Change; and

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

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Mayor Torres opened the Public Hearing at 8:07 p.m.

There were no speakers, and the Public Hearing was closed at 8:07 p.m.

Councilmember Melendez motioned, seconded by Councilmember Jimenez, to approve the item; the motion passed unanimously.

REGULAR BUSINESS

9. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2467 ADDING THE NEW CITY OF MONTEBELLO LOGO AND ITS VARIATIONS TO MUNICIPAL CODE SECTION 1.16.010 "CITY LOGO AND CITY SEAL ADOPTED AND ADDED"

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a first reading and introduction of Ordinance No. 2467(Attachment “A”) to add the new City of Montebello logo and its variations to Municipal Code Section 1.16.010; and

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

Mayor Torres suggested a minor amendment to the City Logo. He asked that the word "Elevate" be removed and further stated that anything that has been printed currently does not require to be changed.

Councilmember Melendez asked if there was any financial impact of changing the logo.

Mayor Torres motioned, seconded by Mayor Pro Tem Peralta, to approve the litem; the motion passed by the following vote:

MOVED: Torres SECONDED: Peralta APPROVED: 4-0-0-1
AYES: Peralta, Melendez, Tamayo, Torres
NOES: None
ABSTAIN: Jimenez
ABSENT: None

Mayor Pro Tem Peralta pulled Item No.21. Members of the Public pulled Item no's. 13, 18, and 21 for comments.

Councilmember Melendez motioned, seconded by Councilmember Tamayo, that Item No’s. 10 -12, 15-20, and 22-26 be approved; the motion passed unanimously.

10. APPROVE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS (SCBA’s) AND NECESSARY

ACCESSORIES

RECOMMENDATION: It is recommended that the City Council:

1. Authorize Staff to execute an agreement with L.N. Curtis and Sons, Inc. for a not-to-exceed amount of $418,500 for the purchase of 25 Self-Contained Breathing Apparatus (SCBA’s) Harnesses, 52 SCBA cylinders, 85 SCBA Masks, one (1) SCBA Rapid Intervention Crew (RIC) System and necessary equipment and accessories; and
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2. Find that the use of the pre-bid Sourcewell contract #032620-LNC conforms with Montebello Municipal Code Chapter 3.20.050 (F) Cooperative Purchase; and

3. Approve the surplus of the unneeded Self-Contained Breathing Apparatus (SCBA’s) and any associated equipment; and

4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $418,500 in Account No. 100- 85-860-6010.60 (General Fund, Fire, Suppression, Machinery and Equipment - Personal Protective Equipment); and

5. Take such additional, related actions necessary.

Councilmember Melendez motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.

11. APPROPRIATE FISCAL YEAR 2023 LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS ACT (LEMHWA) GRANT FUNDING

RECOMMENDATION: It is recommended that the City Council:

1. Approve the use of grant funding awarded to the Police Department by the U.S. Department of Justice (DOJ), Office of Community Oriented Policing Services (COPS), FY 2023 Law Enforcement Mental Health and Wellness Act (LEMHWA) Implementation Projects, Grant Award Number 15JCOPS-23-GG- 01727-LEMH, in the amount of $197,250; and

2. Amend the Fiscal Year 2023-24 budget and increase appropriations by the following amounts in Account Nos. 265-80-833-5010.10- Grants, Police Department, LEMHWA - Mental Health Wellness, Overtime, $27,250: 265-80-833-6040.10 - Other Contract Services: $146,000, 265-80-833-6010.40 - Machinery and Equipment Computer Software: $24,000, and 265-99-4198.23 - Grants, LEMHWA Mental Health Wellness (Revenue) $197,250; and,

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

Councilmember Melendez motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.

12. MONTEBELLO TORNADO EVENT UPDATE REPORT

RECOMMENDATION: It is recommended that the City Council:

1. Receive and File Montebello Tornado Event Update Report; and

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

Councilmember Melendez motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.

13. ADOPT RESOLUTION NO. 23-78 APPROVING VEHICLE MILES TRAVELED (VMT) THRESHOLDS AS REQUIRED BY SENATE BILL 743

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-78 approving a threshold of significance and screening criteria for purposes of analyzing transportation impacts pursuant to the California Environmental Quality Act (“CEQA”) using Vehicle Miles Traveled (“VMT”) as required by Senate Bill 743 and make related findings that the proposed project is consistent with the Montebello General Plan; and

2. Determine and find that the subject is not a project within the meaning of the CEQA Guidelines Section 15378 and is therefore not subject to CEQA.

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

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Mayor Torres requested staff to add suggested ideas and requested a memo.

Councilmember Torres motioned, seconded by Councilmember Melendez; the motion passed unanimously.

14. REPORT OF EMERGENCY REPAIRS TO THE POLICE DEPARTMENT BUILDING AND APPROVAL OF

CONTRACTS FOR REQUIRED REPAIR AND REMEDIATION WORK

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the City Manager’s report of emergency repairs to the Montebello Police Department headquarters building pursuant to Montebello Municipal Code Section 3.20.140(F) and Public Contracts Code Section 22035; and

2. Determine and find that the repairs, remediation, and purchases are of an emergency nature and are required for use of the first floor of the Police Department Building; and

3. Authorize the Acting City Manager to execute professional service agreements with Office Solutions Business Products & Services LLC (DBA: Blue Space Interiors), Pro Ceramic Tile, Mr. Rooter Plumbing, Western Audio Visual, and Premier Wall Systems for the repair of the first floor of the Montebello Police Department; and

4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $500,000 in Account No. 100- 80-840-7115 (General Fund, Police, Headquarters Rehab-Repair, Building Improvements); and

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

Councilmember Melendez motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.

15. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3798 WITH ALLIED UNIVERSAL TO PROVIDE JAIL

SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 3798 with Allied Universal for professional services operating the Montebello Police Department’s Type 1 Jail Facility which will exercise the first of the provided two (2) year extensions; and

2. Authorize the Acting City Manager and/or her designee to execute Amendment No. 1 on behalf of the City of Montebello; and

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

Councilmember Melendez motioned, seconded by Councilmember Tamayo to approve the item; the motion passed unanimously.

16. AMEND THE FISCAL YEAR 2023-24 BUDGET BY INCREASING APPROPRIATIONS IN THE AMOUNT OF $2,100,000 FOR THE MONTEBELLO DOWNTOWN SEWER INFRASTRUCTURE IMPROVEMENT PROJECT

RECOMMENDATION: It is recommended that the City Council:

1. Amend the Fiscal Year 2023-24 Budget by increasing appropriations in the amount of $2,100,000 in Account No. 263-30-340-6040.45 (Sewer Infrastructure Improvement, Pubic Works, Sewer Maintenance, Contract Services-Sewer Maintenance) and Account No. 263-99-4025.10 (Sewer Infrastructure Improvement, SWRCB-Sewer Infrastructure Improvement) to fund the Downtown Sewer Infrastructure Improvement Project; and

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

Councilmember Melendez motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.

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17. APPROVE RECEIPT OF SUBWARD FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CAL- OES) FOR FISCAL YEAR 2023 EMERGENCY OPERATIONS CENTER (EOC) GRANT PROGRAM AND

APPROPRIATE GRANT FUNDING

RECOMMENDATION: It is recommended that the City Council:

1. Approve receipt of $2,211,745 in grant funding awarded to the City by the Federal Emergency Management Agency (FEMA), Fiscal Year 2023 Emergency Operations Center (EOC) Grant Program as a Subaward from the California Office of Emergency Services (Cal-OES); and

2. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $2,211,745 in Account No. 262- 85-863-6040.10 (Cal-OES EOC, Fire, Cal-OES, Other Contract Services [Expenditures]) and Account No. 262-99-4198.15 (Cal-OES EOC, Cal-EOS [Revenue]); and

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

Councilmember Melendez motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.

18. CALL FOR MEETING FOR NOVEMBER 22, 2023

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a Regular City Council Meeting on November 22, 2023, to begin at 6:00 p.m. for closed session and immediately commence the open meeting at the conclusion of closed session and not wait until 7:00 p.m., or to commence the open meeting at 6:00 p.m. if there are no closed session items; and

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

The City Clerk’s Office acknowledged two(2) 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.

Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously by the following vote:

MOVED: Peralta SECONDED: Tamayo APPROVED: 3-2-0-0
AYES: Peralta, Tamayo, Torres
NOES: Jimenez, Melendez
ABSTAIN: None
ABSENT: None

19. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL (RFP No. 24-9) FOR A SOURCE CAPTURE

EXHAUST SYSTEM

RECOMMENDATION: It is recommended that the City Council:

1. Authorize issuance of a Request for Proposals (RFP No. 24-9) for a source capture exhaust system; and

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

Councilmember Melendez motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.

20. APPROVE A REVENUE SHARING AGREEMENT No. 4161 BETWEEN THE CITY OF MONTEBELLO AND

THE LOS ANGELES COMMUNITY COLLEGE DISTRICT FOR THE MONTEBELLO FIRE DEPARTMENT

EDUCATIONAL AND TRAINING PROGRAMS
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RECOMMENDATION: It is recommended that the City Council:

1. Authorize the Acting City Manager to execute a Revenue Sharing Agreement No. 4161 between the City of Montebello and the Los Angeles Community College District (LACCD) for the Montebello Fire Department Educational and Training Programs; and

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

Councilmember Melendez motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.

21. APPROVE REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND QUIET CANNON MANAGEMENT (QCM) TO INCLUDE PAYMENT OF PRIOR INVOICES AND AMEND THE FISCAL YEAR 2023-24 BUDGET

RECOMMENDATION: It is recommended that the City Council:

1. Approve the Reimbursement Agreement between the City of Montebello and Quiet Cannon Management, Inc. (QCM) related to the payment of invoices for “Campus Host Services” at Quiet Cannon for the period of July 2019 through September 2023; and

2. Approve the payment of invoices for landscape services of the surrounding areas at the Quiet Cannon for the period of January 2022 through September 2023; and

3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $338,318 in Account No. 610- 66-6040.10 (Golf Course, Quiet Cannon Perimeter, Other Contract Services); and

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

The City Clerk’s Office acknowledged two(2) 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.

Mayor Pro Tem Peralta requested clarification of Section 2 of the agreement regarding the landscape services of the agreement. She further stated that given the lack of a contract agreement, she does not feel comfortable paying the invoices from 2019-2023.

Councilmember Melendez agreed with Mayor Pro Tem Peralta's comments.

Councilmember Tamayo asked if there was an agreement

Acting City Manager Salazar provided clarification of the master agreement and amendments.

Mayor Peralta motioned to approve staff recommendation no. 2 and give staff direction to negotiate recommendation no. 1; seconded by Councilmember Melendez; motion passed unanimously.

22. APPROVE SOLE-SOURCE PURCHASE OF A FARO TECHNOLOGIES, INC. TRAFFIC LASER SCANNER

RECOMMENDATION: It is recommended that the City Council:

1. Approve a sole-source purchase order with Faro Technologies, Inc, for the total not-to-exceed amount of $65,000 to procure a laser scanner used for traffic accident 3-D reconstruction; and

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

Councilmember Melendez motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.

23. AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION OF THE SENIOR CENTER RENOVATION PROJECT AT 115 S. TAYLOR AVENUE
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Montebello City CouncilJanuary 10, 2024

Montebello City Council
January 10, 2024