Agenda packet — Montebello City Council, January 24, 2024 (part 2 of 4)

3 D) Determine fertilization frequency, materials and analysis from results of bi-annual soil nutrient level testing and growing conditions at the time of treatment. Apply 175 pounds of actual nitrogen per acre, per year, under normal conditions. The Operator may make suggestions for frequency offertilization based off soil samples and previous experience with turf. Take soil tests at least one (1) time per year. E) Treat turf to control weeds, diseases, insects and other pests as necessary to maintain healthy turf, weed-free, and disease-free conditions. F) Police all areas on a regular basis and remove all paper, leaves, cans, bottles, tree branches, and other debris. G) Ensure that there is no standing water or mud holes. H) Ensure that yardage markers and balls are in place and maintained. I) Ensure that cart traffic management devices are in place. J) Treat, sod, plug, and level bare or stressed areas properly. K) Mark out-of-bounds, ground-under-repair, and other areas properly. 3. TEE MAINTENANCE: A) Service tees two-to-three (2-3) times per week, depending on season, by moving tee markers, benches, and ball washers. Change tee towels weekly and keep ball washers filled to proper level with water and appropriate cleaning agent. Ensure that tee markers placed in healthy areas with tee markers set flat. B) Mow tees three (3) times weekly with reel type mower at height of 3/8” and remove clippings. C) Verticut tees at least twice per year for thatch removal. D) Aerify and top-dress tees at least two (2) times per year or more frequently if needed, using the appropriate equipment with the minimum of interference to play. E) Determine fertilization frequency, types of material and analysis from results of bi- annual soil nutrient level testing and growing conditions at the time of treatment. Apply 8 to 10 pounds of actual nitrogen per thousand square feet per year under normal conditions. Typically, combinations of granular slow release type of materials may be utilized. F) Repair worn and damaged turf areas as they occur by topdressing,

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4 overseeding or re- sodding to always ensure playability. Treat, sod, plug, and level bare or stressed areas properly. G) Treat tees for control of insects, disease, weeds and other pests as necessary to maintain healthy turf, weed-free, and disease-free conditions. H) Empty trash receptacles daily. I) Ensure that there is no standing water or mud holes. J) Mulched areas must be maintained free of weeds and mulch replaced as needed to retain aesthetic. 4. ROUGHS MAINTENANCE: A) Maintain turf areas in accordance with acceptable industrywide standards at all times, observing the following minimum requirements: i. Mow one-to-two (1-2) times per week, depending on growing season, at a height of 1-½" to 2”. ii. Verticut as necessary to promote healthy growth. iii. Aerify, spike, or slice at least one (1) time per year, or more often if needed. Spot aerify to relieve compaction. iv. Overseed and top-dress (or re-sod) worn or bare turf areas as necessary. v. Determine fertilization frequency, materials and analysis from results of bi- annual soil nutrient level testing and growing conditions at the time of treatment. Apply 87 pounds of actual nitrogen per acre, per year under normal conditions. vi. Treat turf to control weeds, disease, insects and other pests as necessary to maintain a healthy turf, weed-free, and disease-free. vii. Ensure that there is no standing water or mud holes. viii. Treat, sod, plug, and level bare or stressed areas properly. ix. Ensure that all play areas are free of debris. x. Mark out-of-bounds, ground-under-repair, and other areas properly. 5. BUNKERS: A) Clean and rake sand bunkers daily; ensure that the sand is not

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5 compacted. B) Edge turf mechanically around sand bunkers monthly or more frequently if required to ensure a neat appearance. Maintain the design outline of the bunkers to ensure the integrity of the bunker shape. Ensure that traps have 2" lip on lower side. Ensure that there is no excess sand buildup on high side. C) Remove excess sand in the turf surrounding the trap on a regular basis. D) Ensure a minimum of two (2) rakes are always available at all sand bunkers. E) Maintain the existing bunker drainage and repair as needed. F) Ensure that there is no standing water or mud holes. 6. TREES: A) Perform all trees trimming on a schedule submitted to and approved by the City. B) Prune trees as required to remove broken or diseased branches. The contractor shall develop a pruning program, which will promote proper tree scaffolding, strength, and appearance consistent with its intended use. C) Fertilize as often as required to keep trees in a healthy and desirable condition. Avoid applying fertilizer to root ball or base of main stem; rather, spread evenly in area of drip zone D) Provide additional nutrient treatments to ailing or stunted trees, which fail to meet expected growth, to correct any deficiencies or be remove and replace in kind. E) Remove surface roots, which become maintenance or appearance problems, as required to prevent damage to adjacent areas. F) Remove and replace dead or terminally diseased trees. G) Do not use string trimming within 12” around the base of trees. Mow around base of trees. A minimum of 12” bare soil or mulched buffer zone shall be maintained around the circumference at the base of all trees. 7. GROUND COVER: A) Apply all chemical control (i.e., pesticides) as required to control or prevent pest infestations to protect ornamental

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6 plantings. B) Trim ground cover adjacent to walks, walls and/or fences as required for general containment to present a neat, clean appearance C) Cultivate and/or spray herbicide to remove broad-leafed and grass weeds as required. Keep shrub beds free of weeds. D) Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground covers to grow up trees, into curbs, or on structures or walls. Keep trimmed back approximately 4 inches from structure or walls. E) Schedule fertilization of all ground cover areas with a commercial fertilizer as often as required, but no less than twice a year, to promote healthy appearance. 8. IRRIGATION SYSTEM/EFFICIENT USE OF WATER: A) Establish and program an efficient watering schedule. Determine application rates based on the amount of water the areas require to properly irrigate all plant material while eliminating excessive runoff. B) Factor in soil texture, structure, porosity, water holding capacity, drainage, compaction, precipitation rate, run off, infiltration rate, percolation rate, evapotranspiration, seasonal temperatures, prevailing wind condition, time of day or night, type of grass, plant and root structure. This may include syringing during the day and watering during periods of windy weather. C) Set the controllers to operate during the period of lowest wind velocity which would normally occur at night, especially in areas where wind creates problems of spraying onto private property or road rights of way. D) Monitor all systems within premises daily and correct for: coverage, adjustment, clogging of lines and sprinkler heads, removal of obstacles, including plant materials which obstruct the spray. E) Check the soil moisture content on greens, tees and fairways regularly and make appropriate adjustments. Conduct visual observations, check plant

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7 resiliency, turgidity, examine cores removed by soil probe, moisture sensing devices, and program irrigation controllers accordingly. F) Repair all leaking or defective valves, lines and sprinkler heads as soon as possible but no later than within 24 hours. G) Turn off all controllers when it is not necessary to irrigate due to adequate rainfall. 9. IRRIGATION SYSTEM MAINTENANCE: A) Make repairs according to the industry standards and conform to all related codes and regulations. B) Adjust the height of sprinkler risers necessary to compensate for growth of plant materials. C) Maintain or replace all controller enclosures as needed, to maintain a good appearance. D) Keep sprinkler heads and valve boxes clear of overgrowth, which may obstruct maximum operation. E) Make repairs made to the irrigation system according to the system’s original design with products equal to or higher quality than currently provided. F) Maintain and re-certify backflow devices as required by regulatory agencies. G) Maintain pressure-regulating devices on a regular basis. H) Check and maintain pumping stations and booster pumps to industry standards. Keep all preventative maintenance current. I) Clean and service the lake fountains in conjunction with the regular cleaning of the lakes. Keep in good repair and always functioning. Secure intake covers properly. J) Ensure that all valve boxes are visible and there are no missing or broken valve box lids. K) Ensure that all reclaimed water lids are purple, and valves are properly tagged to denote reclaimed water per industry/Health Department Standards. NOTE: The Golf Course will be irrigated with reclaimed water, pumping from the large lake.

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8 10. LAKE AND CHANNEL MAINTENANCE: A) Maintain weed and algae control program. B) Remove all visible litter/trash from lakes at time of detection. C) Ensure that aerator(s)/fountain(s) are working at all times. D) Ensure that the water is clear. E) Maintain the lakes at their proper level. F) Mark water hazards properly. G) Employ erosion control methods as necessary 11. PEST CONTROL: A) PESTICIDES: i. General: Use all materials in strict accordance with and applied within the standards set forth in the EPA regulations and the California Department of Food and Agricultural Code. ii. Obtain all required permits and maintaining the required usage documentation. All applicable regulations shall be strictly adhered to, and all required reporting shall be the responsibility of the contractor including, but not limited to, reporting to the Los Angeles County Agricultural Department. B) APPLICATION OF PESTICIDES: i. Timing: Apply pesticides at times that limit the possibility of contamination from climatic and other factors. Apply early morning whenever possible to avoid contamination from drift. Monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas. Reduce irrigation water runoff after applied treatment. Apply water only when it is required to increase pesticide efficiency, without excessive runoff. ii. Handling of Pesticides: Handle transfer and mix pesticides to prevent contaminating areas outside the target area. Ensure that materials are confined to the target area. Do not drain spray tanks containing leftover materials on the site. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the California Department of Food and Agricultural Code or EPA regulations.

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9 iii. Equipment and Methods: Ensure that spray equipment is in good operating condition, quality, and design to efficiently apply material to the target area. Avoid high pressure applications and using water soluble drift agents will minimize drift iv. Recommendations: Ensure that all pesticide applications shall be in accordance with written recommendations provided by a licensed pest control advisor (PCA). A licensed qualified applicator (QAC) shall be on site during application. 12. PLANT PESTS CONTROL: A) Provide complete and continuous control and/or eradication of all plant pests or diseases. B) Supply the proper chemical designated for the pests to be controlled. C) Obtain all necessary regulatory permits and assume responsibility for the use of all chemical controls. 13. ANIMAL AND RODENT CONTROL: A) Control and eradicate rodents and other animal pests as necessary to prevent hazards, holes and destruction of plantings on golf course property. B) Repair damage to public or private property due to erosion as a result of rodent activity. 14. HARDSCAPES, COURSE EQUIPMENT, FENCING, LIGHTING, PATHS, SIGNAGE: A) CART PATHS: i. Sweep or blow clean of debris weekly or more often as needed ii. Edge and scrape clean once every three (3) weeks. iii. Repair all potholes and/or other surface damage or defects immediately upon detection to ensure a safe usable surface. iv. Control all weeds growing in cracks, expansion joints and other hard surfaces using chemical weed control. v. Ensure that the surfaces non-slip and free of standing water. B) FENCES/GATES: i. Check and repair all fences, gates and railings regularly to ensure

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10 a safe, secure and aesthetically pleasing condition at all times. C) COURSE ACCESSORY EQUIPMENT i. Provide, maintain, repair, and replace all course accessory equipment in a clean, safe, functioning condition at all times and repaint as required to present an aesthetically pleasing appearance. Replacement course accessory equipment needs to meet current standards. ii. Accessory equipment shall include, but not be limited to the following: 1. Ball Washers 2. Benches 3. Flags and Poles 4. Greens Cups 5. Sand Rakes 6. Signage 7. Tee and Fairway Markers 8. Tee Towels 9. Trash Receptacles D) SIGNAGE: i. Replace or add, as needed ii. Proper placement is evident iii. Proper colors and logo in place iv. Clean and readable 15. FACILITIES: A) MAINTENANCE YARD: i. Keep the maintenance yard and always building clean and neat with all material inventories and supplies stored in a manner in keeping with CAL- OSHA, and all Local, County and State regulations. ii. Lock or otherwise secure when unattended to discourage

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11 unauthorized entry. iii. Clean office and lunchroom floors monthly or as needed. B) RESTROOMS – NOTE: This includes restrooms in the Cart Room and 2 All-Gender restrooms on the Golf Course i. Clean and sanitize restrooms daily using cleaning and sanitizing agents recognized for use in public restrooms. ii. Maintenance shall include, but not be limited to: 1. Sweep and mop floor 2. Clean and sanitize basins, metal fixtures, urinals, toilets and trash receptacles. 3. Clean and polish mirrors 4. Check and restock paper supplies as needed. Clean walls, ceilings, screens and windows monthly or as needed. 5. Repair and replace leaky or malfunctioning fixtures immediately upon detection. 6. Lock and unlock restrooms for opening and closing. 7. Check light fixtures daily and re-lamp faulty fixtures as needed at time of detection. 8. Provide appropriate temporary signage for restroom floors which are wet for any reason C) GRAFFITI i. Inspect golf course and facilities daily for evidence of graffiti. Pay special attention to restrooms, signs, markers, curbing, paving, tees, utility poles/boxes and/or any other structures or fixtures. ii. Remove any/all graffiti within four (4) hours of detection. iii. Paint over any graffiti with a color consistent with that of the original surface. iv. Remove by sand or water blasting any graffiti on on-painted surface.

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APPENDIX C

CITY OF MONTEBELLO PROFESSIONAL SERVICES AGREEMENT NO. ______ WITH _____________ THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on ____________, 202_ (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and __________________________ (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.” RECITALS WHEREAS, the CITY desires to retain a qualified professional consultant to provide __________________________ services in the CITY; and WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein: 1. This Agreement and its Exhibits, including 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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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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shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT. b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement. SECTION 6. EXTRA SERVICES. No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”). SECTION 7. CITY SUPERVISION. The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager. SECTION 8. TERMINATION. In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the 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 provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination. b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by

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giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. SECTION 9. EMPLOYMENT OF CITY EMPLOYEES. No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement. SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES. No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT. SECTION 11. INDEPENDENT CONSULTANT. a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants

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with workers’ compensation insurance or any other insurance. SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants. b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY. c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits. SECTION 13. LEGAL RESPONSIBILITIES. The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section. SECTION 14. INDEMNIFICATION. The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

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SECTION 15. INSURANCE COVERAGE. a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit. • Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide. e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon. f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (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 certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to 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 be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY. l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and

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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 same was selected, including the degree of competition involved. Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement. SECTION 17. NO WAIVER. Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW. Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement. SECTION 19. ATTORNEY’S FEES AND COSTS. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. SECTION 20. WARRANTIES. Each of the parties represents and warrants to one another as follows:

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a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement. SECTION 21. MISCELLANEOUS. a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions. b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement. SECTION 22. NOTICE.

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All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice: If to CITY: City of Montebello Attn: 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 Name 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 An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form. SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER. In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub-consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. SECTION 24. CONFLICT OF INTEREST. The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would

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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. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement. The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement. SECTION 25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding. [SIGNATURE PAGE TO FOLLOW]

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IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONSULTANT”) CITY OF MONTEBELLO CONSULTANT NAME Arlene Salazar, Acting 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 the 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 background check results and subsequent records for review. The CONSULTANT must obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work.

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