Montebello City Council
March 27, 2024

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

fleet has created a situation where vehicles require a great deal of mechanical work. A lack of vehicles in the investigations unit fleet also requires expensive repairs (mechanical and body damage) to vehicles, as there are no other vehicles for detectives to use. The average mileage of the vehicles assigned to the investigations unit is 120,000.

The following vehicles have high mileage and are no longer reliable for surveillance use and will be replaced:

• 2014 Ford Explorer, City identification # 114163 – Mileage 174,889 • 2014 Ford Taurus, City identification # 114162 – Mileage 156,520 • 2015 Honda Accord, City identification # 115204 – Mileage 188,924 • 2015 Chevy Colorado, City identification # 115202 – Mileage 199,368

The attached vehicle quotes (Attachments A, B and C) are for replacement vehicles to be acquired from local dealers: Ford of Montebello, Longo Toyota of El Monte and Diamond Honda of the City of Industry. In addition, the existing agreement with Black & White Emergency Vehicles will be utilized to properly equip the new vehicles (Attachment E). The replacement vehicles -- and the Divisions to which they will be assigned -- are listed below (purchase price in parentheses):

• 2024 Honda Accord Sedan (Investigation Unit) – $ 33,717 • 2024 Toyota Tacoma (Investigation Unit) – $ 45,195
• 2024 Ford Explorer (Investigation Unit) – $51,495
• 2024 Ford F150 (Investigation Unit) – $51,633
• 2024 Ford Explorer (Administration Unit) - $ 56,522

In addition, one (1) Ford F150 XL will be procured from National Auto Fleet Group to replace a Parks and Recreation Department vehicle (Attachment D). A 2008 Ford Ranger recently sustained damage which required it to be totaled. Staff is working with the City's insurer to file a claim and -- after the deductible is paid -- recoup a portion of the estimated $43,700 replacement cost (Attachment D).

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

The recommended actions will allow purchase of five (5) replacement vehicles for the

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

Police Department, one (1) replacement vehicle for the Parks and Recreation Department, and required upfitting (i.e., communications equipment, mobile data computers, etc.), as well as authorize the surplus of the vehicles to be replaced. Sufficient funding exists in the Asset Forfeiture Fund for the Police Department Vehicles (Account No. 230-99-847-6082,Asset Forfeiture, Department of Justice, Vehicle Purchase). A budget amendment is required for the purchase of the Parks and Recreation vehicle, increasing appropriations by $45,000 in Account No. 100-70-700- 6082 (General Fund, Parks and Recreation, Administration, Vehicle Purchase).

ATTACHMENT(S)

1. Attachment A - Diamond Honda Vehicle Quote

2. Attachment B - Longo Toyota Tacoma Vehicle Quote

3. Attachment C - Ford of Montebello Vehicle Quotes

4. Attachment D - Natl Auto Fleet Group Ford F150 - Parks

5. ATTACHMENT E - Est_2339- Black & White Emergency Vehicles - Equipment- Upfitting

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ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

ATTACHMENT D

Quote
Date
3/12/2024
Estimate #
2339
Name / Address
Montebello Police Department
1600 W. Beverly Blvd.

Montebello, CA 90640
Ship To
Montebello Police Department
1600 W. Beverly Blvd.

Montebello, CA 90640
590 South Vincent Avenue
Azusa, CA 91702
Terms
Net 30
Customer
Under Cover Build
Signature Total
Subtotal
Sales Tax (10.25%)
590 S. Vincent Ave, Azusa, CA 91702
Office (626) 334-6300 Fax (626) 344-6301
[email protected] WWW.BLACKANDWHITEEV.COM
Quotes are subject to change and are Valid for 30 Days
Item Description Qty Rate Total
C-4014 Storm Siren Rev. 2 1 275.00 275.00T
BWROTARY 3 Position Rotary Switch with Knob, 3 40a Relays, & Horn Ring Relay
1 165.00 165.00T
ES100C Speaker, ES00C/DynaMax, 100W, High Output 1 304.49 304.49T ESB-U Universal Siren Speaker Bracket for ES100 1 38.96 38.96T MPS62U-RB Micropulse Dual Color Red / Blue 8 159.80 1,278.40T MPSM6U-WIN MicroPulse 6 Adhesive Mount Kit 6 51.00 306.00T MPSM6-LB Generic L-Bracket For (1) MPS6U Light 2 14.87 29.74T 416900Z-RB Corner LED Red/Blue 2 79.50 159.00T
4703-100B Thermal Circuit Breaker 100A Surface Mount 1 30.35 30.35T 6001-3001B New Top Hat Timers 1 162.60 162.60T
8028B Screw Terminal Fuse Block 6 Circuit W/Cover and
Blown Fuse Indicator.
1 22.58 22.58T
PWAT-119-GPSD-IP-D8500 Panorama Antenna Kit: Includes Multi-Element Antenna Tri-Band 2-Way Radio, Wi-Fi, GPS for Motorola APX
8500
1 631.50 631.50T
WINDOWTNT Window Tint 1 275.00 275.00
Shop Labor Installation of emergency lighting, equipment and customer provided Two Way radio into an Under Cover
Vehicle.
28 100.00 2,800.00
AC-GUNSAFE-2 Under-Seat Lockable Security Box For Handgun 1 364.50 364.50T _____________________________________ $7,229.35
$6,843.12
$386.23

ATTACHMENT E

ITEM # 7

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance

SUBJECT: APPROVE AGREEMENT NO. 4187 WITH HDL COREN & CONE FOR

PROPERTY TAX CONSULTING AND AUDITING SERVICES

DATE: March 27, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Professional Services Agreement No. 4187 with HdL Coren & Cone for Property Tax Consulting and Auditing Services; and

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

FISCAL IMPACT:

The City currently utilizes the services of HdL Coren & Cone for property tax consulting, auditing and revenue projection. The current cost is approximately $15,000/year, which can vary slightly if Staff requests additional services above and beyond the standard scope of work. The updated annual amount reflects an increase to $17,400/year, or $52,200 for the initial three (3) year term. Appropriations exist in the required amount in the Fiscal Year 2023-24 budget, and Staff will develop the FY 2024-25 budget to include sufficient funding.

BACKGROUND/DISCUSSION:

HdL Coren & Cone recently initiated a review of their oldest contracts to identify those with a fixed fee. The City of Montebello’s contract is one of these older, fixed fee professional services agreements. The agreement with HdL Coren & Cone has been unchanged since 2010.

Since that time, the City has grown in size by 390 parcels, increasing the amount of

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

property (residential, industrial, commercial) which HdL tracks and analyzes for the City. In addition, HdL has created new products and reports to keep up with client needs.

Staff rely heavily on HdL’s expertise in all things property tax. Over the years, HdL has continued to provide responsive service to the City’s requests while continuing to add new staff and increasing costs.

For these reasons, HdL has approached the City to renew their agreement to include a CPI inflation adjustment (Attachment A). The City’s annual fee of $15,900 has remained the same for almost 15 years. The proposed updated annual amount includes a 10% increase, to $17,400/year. This amount is still well below the current scale HdL charges its new clients.

This new contract includes an annual CPI increase to help keep the contract price in step with inflation. Attached is a professional services agreement (Attachment A) with the revisions mentioned above beginning with the 2024-25 fiscal year. The new contract increases the annual service fee from the current $15,900 to $17,400, an increase of 10%.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends approval of Agreement No. 4187 (Attachment A) with HdL Coren & Cone to continue provision of essential property tax consulting, auditing and revenue projection services. The annual amount will be $17,400 in FY 2024-25, adjusted by the annual change in CPI in subsequent fiscal years. The initial term will be for three (3) years and includes two (2) one (1) year extensions.

ATTACHMENT(S)

1. Attachment A - Agr. No. 4187- Hdl Coren Cone

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CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4187
WITH HdL COREN & CONE

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on March 27 , 20 24 (“Effective Date”) , by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and HdL COREN & CONE (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 professional consultant to provide property tax consulting and audit services; and

WHEREAS, the CITY desires the property tax data-based reports and data analysis required to effectively manage the CITY property tax base and identify and recover revenues misallocated within the CITY, or to other jurisdictions; and

WHEREAS, the CONSULTANT is a state -wide expert in such data analysis with over 260 public agency clients for whom such services are performed and had the programs, equipment, data, and personnel required to deliver the property tax services referenced herein; and

WHEREAS, the City evaluated the responses and determined that the Con sultant will meet the requirements in a satisfactory manner.

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS

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

a. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
b. 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. All terms, conditions, requirements, and provisions of the services and consultant’s responses, as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict

PROFESSIONAL SERVICES AGREEMENT NO. 4187

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 such is set forth fully in Exhibit “A ” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

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 quarter 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 on June 30, 2027, unless terminated earlier as hereinafter provided. This Agreement may be extended for two (2), one (1) year periods through, with mutual agreement from both parties. 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 a re 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 t h e CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.

e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than d ocuments 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

PROFESSIONAL SERVICES AGREEMENT NO. 4187

the property of the CITY, and ownership of said work product shall be retained by the CITY.

b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are d eemed 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 w ritten products shall be returned to the CITY u pon 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 u nless 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 p erformed by the CONSULTANT and shall be the CITY’s agent with respect to ob taining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of this agreement by the City Manager.

SECTION 8. TERMINATION.

In the event that either Party h ereto fails or refuses to perform any of 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, a nd 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 C ITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the C ITY 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 C ITY 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 . T he CITY shall have the option, at its sole d iscretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (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

PROFESSIONAL SERVICES AGREEMENT NO. 4187

the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that t h e CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

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

SECTION 11. INDEPENDENT CONSULTANT.

a. The CONSULTANT is and sha ll, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or a gents shall h ave control o ver the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at a ny 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 sh all create or be construed to create a partnership, joint venture, employment relationship or a ny other relationship except as set forth in this Agreement.

c. The CITY shall not deduct from the Compensation paid to t he CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to p rovide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement.

Failure to provide such notification may result in termination of the Agreement, and any

PROFESSIONAL SERVICES AGREEMENT NO. 4187

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, t he CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t h e CONSULTANT or its emp loyees, 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 co ntrary, the CONSULTANT and any of its employees, a gents, a nd subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by t h e CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t h e CITY for employer contribution and/or employee contributions for PERS benefits.

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 e quity occasioned by failure of the CONSULTANT to comply with this section.

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall d efend, indemnify, protect a nd hold h armless, the CITY, its elected and appointed boards, officers, officials, employees, a gents and volunteers from and against any a nd all claims, demands, lawsuits, d efense 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 b oards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.

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

Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed o perations, personal injury, and a dvertising injury, with limits no

PROFESSIONAL SERVICES AGREEMENT NO. 4187

less than $2,000,000 per occurrence. If a general aggregate limit a pplies, 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 L imits, 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 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: Principal Risk Officer
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

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

h. Evidence of Insurance during the entire term of the Agreement. At all times during

PROFESSIONAL SERVICES AGREEMENT NO. 4187

the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

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

j. The general 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 insured’s. All of the policies required u nder this Agreement shall co ntain 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.

k. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

l. All insurance coverage pro vided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

m. Any d eductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall e ither reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.

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

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its d uties or rights h ereunder, either in whole or in part, without the pri or written co nsent of the CITY. Any propos ed 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, d elegees 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.

PROFESSIONAL SERVICES AGREEMENT NO. 4187

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 e xtent reasonably feasible, be resolved through good faith n egotiations 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 a nd necessary d isbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

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

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

SECTION 21. MISCELLANEOUS.

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

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

c. In case any one or more of the provisions contained in this Agreement shall for any reason

PROFESSIONAL SERVICES AGREEMENT NO. 4187

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.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively sh all be deemed served when delivered via e-mail (an “ Electronic Notice” as further defined below), personally or on the second (2nd) business day af ter 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: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – City Clerk’s Office 1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200
Email: [email protected]
If to Consultant: Hdl COREN & CONE
Nichole Cone-Morishita, CFO
120 S. State College Blvd., Suite 200
Brea,, CA 92821
(714) 705-6428
Email: [email protected]

An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives

PROFESSIONAL SERVICES AGREEMENT NO. 4187

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 co ndition 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, se x, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services h ereunder. The CONSULTANT further co venants that, in performance of this Agreement, no person having any such interest shall be employed by it.

Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's co venant 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.

SECTION 26. EXTENSION TO OTHER PUBLIC AGENCIES

Unless otherwise specified in writing, the CONSULTANT agrees that the prices, terms, and conditions identified in the Proposal (Exhibit “A”) and Agreement may be extended to other governmental agencies at the mutual agreement of both the public agency and awarded CONSULTANT. All requirements of the specifications, purchase orders, invoices, and payments with other agencies shall be directly with the CONSULTANT. CONSULTANT acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the CONSULTANT with the governmental agency. This provision in no way guaranteed that the CONSULTANT will agree to enter into a contract with a governmental agency pursuant to this Section.

[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. 4187

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 HdL COREN & CONE

Raul Alvarez, City Manager Nichole Cone-Morishita, CFO

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Vendor Terms and Conditions
• Exhibit B – Schedule of Compensation
• Exhibit C – Live Scan Fingerprinting Requireme
Nichole Cone-Morishita (Mar 6, 2024 08:13 PST)
Nichole Cone-Morishita

Exhibit “A”
HdL COREN & CONE

PROPERTY TAX CONSULTING/AUDIT SERVICES

TERMS AND CONDITIONS

1.0 DEFINITIONS
For purposes of this Agreement, the following terms shall have the meaning stated below:

Audit Review: “ Audit” or “Audit Review” shall mean the comparison of databases to ensure that parcels are correctly coded with the appropriate tax rate area to return revenue to the client city. Audits include the secured and unsecured tax rolls and where secured records are corrected; the corresponding unsecured records related to those properties are also corrected. A review of the calculation methodologies developed by auditor/controller offices in the administration of property tax is made to ensure compliance. New annexations are audited the 1st or 2nd year after the area’s adoption due to the timing of LAFCO and the State Board of Equalization in assigning new tax rate areas and county processing of those changes.

County: “County” shall mean the County in which the CITY is located.

Data Base: “Data Base” shall mean a computerized listing of property tax parcels and information compiled for CITY from information provided by the County.

Days: “Days” shall mean calendar days.

Property Tax Roll: “Property Tax Roll” shall mean the assessed values of parcels on the secured and unsecured lien date rolls as reported by the County.

Proprietary Information : “Proprietary Information” shall be the reports, technical information, compilations of data, methodologies, formula, software, programs, technologies and other processes previously designed and developed by CONSULTANT and used in the performance of the services hereunder.

Successor Agency: “Successor Agency” means the City's administration pursuant to Section 34176 of the Health and Safety Code of the former community redevelopment agency of CITY).

Recovered/Reallocated Revenue : “Recovered or Reallocated Revenue” shall mean additional revenue received as a result of an audit or review of properties submitted for correction or for corrections due erroneous calculations or incorrect methods of distributing revenue discovered by the CONSULTANT and then made by county agencies which result in a return of additional revenue to the AGENCY. Reviews of

PROFESSIONAL SERVICES AGREEMENT NO. 4187

13 AGENCY administered pass throughs are performed to ensure the correctness of distributions being made to participating agencies.

Scope of Services: “Scope of Services” shall mean all of the Base Services specified in Section 2.0, the Optional Services in Section 3.0, the Additional Services in Section 4.0, or any other services rendered hereunder.

TRA: “Tax Rate Area” shall mean the area subject to the tax rate.

2.0 BASE SERVICES
The CONSULTANT shall perform all of the following duties as part of the Base Services provided hereunder, unless otherwise specified in writing by the Contract Officer:

2.1 Analysis And Identification Of Misallocation Errors (Contingent Fee)
(a) In the first year of this Agreement, and as necessary thereafter but not less than once every five (5) years, CONSULTANT shall conduct an analysis to identify and verify the CITY parcels on the secured Property Tax Roll which are not properly attributed to a CITY, and will provide the correct TRA designation to the proper County agency. Typical errors include parcels assigned to incorrect TRAs within the CITY or an adjacent city, and TRAs allocated to wrong taxing agencies. (b) CONSULTANT shall annually reconcile the annual auditor - controller assessed valuations report to the assessor's lien date rolls and identify discrepancies.
(c) CONSULTANT shall annually review parcels on the unsecured Property Tax Roll to identify inconsistencies such as value variations, values being reported to a mailing address rather than the situs address, and errors involving TRAs (to the extent records are available).
(d) CONSULTANT may audit general fund or tax increment
property tax revenue or other revenues attributable to the CITY departments, districts, (including but not limited to base year value audits; administration of tax sharing agreements; tax increment allocation reviews; county allocation and payments reviews).

2.2 Annual Services (Fixed Fee)
Annually, after the Property Tax Roll is available:
(a) CONSULTANT shall establish a Data Base for CITY available through CONSULTANT’S online property tax application
(b) Utilizing the Data Base, CONSULTANT will provide:

PROFESSIONAL SERVICES AGREEMENT NO. 4187

14 (1) A listing of the major property owners in the CITY, including the assessed value of their property.
(2) A listing of the major property tax payers, including an estimate of the property taxes.
(3) A listing of property tax transfers which occurred since the prior lien date.
(4) A listing of parcels that have not changed ownership since the enactment of Proposition XIIIA.
(5) A comparison of property within the CITY by county -use code designation.
(6) A listing by parcel of new construction activity to identify non-residential parcels with new construction activity and to provide reports for use in the CITY's preparation of Gann (Propositions 4 and 111) State Appropriation Limit calculations.
(7) A listing of multiple owned parcels.
(8) A listing of absentee owner parcels.
(9) Calculate an estimate of property tax revenue anticipated to be received for the fiscal year by the CITY. This estimate is based upon the initial information provided by the County and is subject to modification. This estimate shall not be used to secure the indebtedness of the CITY. (10) Development of historical trending reports involving taxable assessed values for the CITY, median and average sales prices and related economics trends.
(11) Upon written request, analyses based on geographic areas designated by the CITY to include assessed valuations and square footage computations for use in community development planning. (12) One and five-year budget projections for the city general fund and special districts. This report is interactive for tax modeling.

2.3 Successor Agency Services
Successor Agency Services including but not limited to:
(a) Annual tax increment projections and, as requested, cash flow analysis for the Successor Agency by Project Area
(b) Review of Redevelopment Obligation Payment Schedules (ROPS) as requested.

PROFESSIONAL SERVICES AGREEMENT NO. 4187

15 (c) Provide property tax information to the Oversight Board at the direction of the Successor Agency
(d) Provide access to the Oversight Board to City and former redevelopment agency documents at the direction of the Successor Agency
(e) Monitor the County distribution of tax-sharing revenues to the taxing entities of the former redevelopment agency
(f) Advice and consultation on the City/Successor Agency’s preparation of required reports, such as revenue projections; review of Recognized Obligation Payment Schedules (ROPS), submittals to the Oversight Board and/or County or State agencies, and new or revised legislative requirements
(g) Analysis of legislative and judicial matters impacting Redevelopment Property Tax Trust Fund (RPTTF) revenues to the Successor Agency and to the City.

2.4 Quarterly Services/Monthly Services (Fixed Fee)
The CONSULTANT shall perform the following services quarterly:
(a) A listing of property tax appeals filed on properties in the CITY (selected counties).
(b) A listing of property transfers that have occurred since the last report.
(c) Monthly update of CONSULTANT’S web -based software
program to include parcel transfer data and, in select counties, appeal updates.

2.5 On-Going Consultation (Fixed Fee)
During the term of this Agreement, CONSULTANT will serve as the CITY's resource staff on questions relating to property tax and assist in estimating current year property tax revenues. On-going consultation would include, but not be limited to, inquiries resolved through use of the CITY's data base.

3.0 OPTIONAL SERVICES
The following services are available on a time and materials basis:

3.1 Specified Data
Generation of specialized data -based reports which would require additional programming, the purchase of additional data, costs for county staff research, or similar matters not necessary to carry out services outlined in Section 2.0.

3.2 County Research

PROFESSIONAL SERVICES AGREEMENT NO. 4187

16 Any research with County agencies for which CONSULTANT does not have a current database.

3.3 Bond Services
Bond services are available for a fixed negotiated fee, including:
(a) Tax Allocation Bonds fiscal consultant reports
(b) Mello-Roos Special Tax studies

3.4 Additional Meetings Requested
Meetings in excess of the annual meeting to review the analysis of property tax data, trending information, and other findings with AGENCY shall be considered an Optional Service.

4.0 ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONSULTANT, incorporating therein any material adjustment in the contract and/or the time to perform this Agreement, which said adjustments are subject to the written approval of the CONSULTANT.

Any increase in compensation of up to $75,000, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by CONSULTANT that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein.

5.0 OBLIGATIONS OF THE PARTIES WITH RESPECT TO SERVICES

5.1 City Materials and Support
CITY agrees to provide the following information:

1. Current CITY maps and zoning map;

2. A copy of reports received by the CITY annually from the Auditor - Controller's office detailing assessed values (secured, unsecured and utilities), as well as unitary values for reconciliation analysis;

3. Parcel listing and maps of CITY parcel annexations since the lien date roll;

4. A listing of completed new construction projects with Assessor's map book, page and parcel numbers (APN) for proper identification and

PROFESSIONAL SERVICES AGREEMENT NO. 4187

17 tracking for two years prior to the date of this Agreement. If the data does not include the APN information, CONSULTANT will research this information at an additional cost;

5. A listing of the CITY levies assessment districts and direct assessments.

5.2 Compliance with Law
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered.

5.3 License, Permits, Fees and Assessments
CONSULTANT shall obtain such licenses, permits and approvals (collectively the “Permits”) as may be required by law for the performance of the services required by this Agreement. CITY shall assist CONSULTANT in obtaining such Permits, and CITY shall absorb all fees, assessments and taxes which are necessary for any Permits required to be issued by CITY.

5.4 Further Responsibilities of Parties
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

6.0 CONSIDERATION

6.1 Base Fixed Fee Services
CONSULTANT shall provide the Base Services described in Section 2.0 above, for a fixed annual fee of $17,435 (invoiced quarterly).

The Base Fixed Fee shall be adjusted annually by the California Consumer Price Index (CCPI) for all items as determined by the California Department of Industrial Relations as measured February to February by the California All Urban Consumers index.

6.2 Base Contingent Fee Services
For Base Services pursuant to Section 2.1 which are payable on a contingent basis, CONSULTANT shall receive 25 percent of net general fund attributable to CITY departments, districts, or funds recovered or reallocated which are directly or indirectly the result of an audit, analysis or consultation performed by CONSULTANT (including but not limited to base year value audits; administration of tax sharing agreements; tax increment allocation reviews; county allocation reviews). CONSULTANT shall separate and support said reallocation and provide CITY with an itemized invoice showing all amounts due as a result of revenue recovery or

PROFESSIONAL SERVICES AGREEMENT NO. 4187

18 reallocation. CITY shall pay audit fees after CONSULTANT's submittal of evidence that corrections have been made by the appropriate agency. Payment to CONSULTANT shall be made within thirty (30) days after CITY receives its first remittance advice during the fiscal year for which the correction applies.

6.3 Optional Services
Fees for Optional Services as outlined in Services in Section 3.0 above (except Section

3.3) shall be billed at the following hourly rates:

Partner $250 per hour
Principal $225 per hour
Programmer $200 per hour
Associate $175 per hour
Senior Analyst $125 per hour
Analyst $ 90 per hour
Administrative $ 70 per hour
Hourly rates are exclusive of expenses and are subject to adjustment by CONSULTANT annually. On July 1st of each year CONSULTANT shall provide CITY with an updated schedule of hourly rates. The rates will not be increased by more than five percent (5%) per year.

6.4 Fees for Bond Services
Services under Section 3.3 above will be determined depending upon the complexity of the bond issue and the time available for completion of the task and will be mutually agreed to be the parties.

6.5 Indirect Expenses
Except as specified above, no other charges shall be made for direct or indirect expenses incurred by CONSULTANT in performing the services in the Scope of Services including for administrative overhead, salaries of CONSULTANT’S employees, travel expenses or similar matters.

6.6 Due Date
All fees are due 30 days immediately following billing. All amounts that are not paid when due shall accrue interest from the due date at the rate of one percent per month (12% per annum).

7.0 TERM PERFORMANCE SCHEDULE

7.1 Time of Essence
Time is of the essence in the performance of this Agreement.

PROFESSIONAL SERVICES AGREEMENT NO. 4187

19 7.2 Schedule of Performance
CONSULTANT shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Attachment “A”, and incorporated herein by this reference. When requested by the CONSULTANT, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

7.3 Force Majeure
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the CONSULTANT, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified.

8.0 COORDINATION OF WORK

8.1 Representative of CONSULTANT
The following principals of CONSULTANT are hereby designated as being the principals and representatives of CONSULTANT authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Nichole Cone-Morishita
HdL COREN & CONE
120 S. State College Blvd., Suite 200
Brea, CA 92821
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for CITY to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of CONSULTANT and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by CONSULTANT without the express written approval of CITY.

8.2 Contract Officer
The Contract Officer shall be such person as may be designated by the City Manager of CITY. It shall be the CONSULTANT’S responsibility to assure that the Contract Officer is kept

PROFESSIONAL SERVICES AGREEMENT NO. 4187

20 informed of the progress of the performance of the services and the CONSULTANT shall refer any decisions which must be made by CITY to the Contract Officer. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of this Agreement.

9.0 RECORDS AND REPORTS

9.1 Reports
CONSULTANT shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.

9.2 Records
CONSULTANT shall keep, and require sub contractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit and make records and transcripts from such records.

Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

9.3 Non-Disclosure of Proprietary Information
In performing its duties under this Agreement, CONSULTANT will produce reports, technical information and other compilations of data to CITY. These reports, technical information and compilations of data are derived by CONSULTANT using methodologies, formulae, programs, techniques and other processes designed and developed by CONSULTANT at a substantial expense. CONSULTANT'S reports, technical information, compilations of data, methodologies, formulae, software, programs, techniques and other processes designed and developed by CONSULTANT shall be referred to as Proprietary Information.

CONSULTANT'S Proprietary Information is not generally known by the entities with which CONSULTANT competes.

CONSULTANT desires to protect its Proprietary Information. Accordingly, CITY agrees that neither it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will at any time during or after the term of this Agreement, directly or indirectly use any of CONSULTANT'S Proprietary Information for any purpose not associated with CONSULTANT'S activities. Further, CITY agrees that it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will disseminate or disclose any of CONSULTANT'S Proprietary Information to any person or organization not connected with CONSULTANT, without the express written consent of CONSULTANT. The CITY also agrees that consistent with its obligations under the California Public Records Act and related disclosure laws, it will undertake all necessary and

PROFESSIONAL SERVICES AGREEMENT NO. 4187

21 appropriate steps to maintain the proprietary nature of CONSULTANT'S Proprietary Information.

Any use of the Proprietary Information or any other reports, records, documents or other materials prepared by CONSULTANT hereunder for other projects and/or use of uncompleted documents without specific written authorization by the CONSULTANT will be at the CITY’s sole risk and without liability to CONSULTANT, and the CITY shall indemnify the CONSULTANT for all damages resulting therefrom.

9.4 Release of Documents Pursuant to Public Records Act Notwithstanding any other provision in this Agreement, all obligations relating to disclosure of Proprietary Information remain subject to the Freedom of Information Act or California Public Records Act, Cal. Gov’t Code §§ 6250 et seq. (collectively, the “PRA”). The Parties intend that if CITY is served with a request for disclosure under the PRA, or any similar statute, the CITY in good faith will make the determination as to whether the material is disclosable or exempt under the statute, and shall resist the disclosure of Proprietary Information which is exempt from disclosure to the extent allowable under the law. CITY shall advise CONSULTANT in writing five (5) days prior to the intended disclosure of any decision to disclose Proprietary Information, and the reasons therefore, and if CONSULTANT then timely advises CITY in writing that it objects to the disclosure, CITY shall not disclose the information.

In such case, CONSULTANT shall then be solely liable for defending the non -disclosure and shall indemnify and hold CITY harmless for such nondisclosure.

SCHEDULE OF PERFORMANCE

TIMELINE FOR DELIVERABLES
July/August Data available for purchase from counties September 30 Data available on HdLCC’s web-based property tax application September/October Unsecured audits performed and forwarded to county assessor October Appeals quarterly updates emailed in counties where the data is available
October-February Delivery of preliminary property tax reports January Appeals quarterly updates emailed in counties where the data is available
January/February General Fund Budget Projections
April Appeals quarterly updates emailed in counties where the data is available
April/May Final Books – Addendums emailed to clients
July Appeals quarterly updates emailed in counties where the data is available
Ongoing Secured Audits – City
Property sales reports
City and Successor Agency mid-year budget reviews and budget projections
Analytical work at the request of clients
Monthly updates of database with property sale information

23 Exhibit “B”

SCHEDULE OF COMPENSATION

Effective Date – June 30, 2024 $5,000
July 1, 2024 – June 30, 2025 $17,435
July 1, 2025 – June 30, 2026 $17,435+ CPI
July 1, 2026 – June 30, 2027 FY 25-26 Fee + CPI

An additional $ 5,000 per fiscal year (July – June) may be added with approval from the City Manager.

The annual fixed fee amount will change based upon the annual change in the Los Angeles- Long Beach-Anaheim Consumer Price Index for All Urban Consumers (CPI-U) as published periodically by the Bureau of Labor Standards (BLS). The annual change in CPI will be measured from February to February. For example, the July 1, 2024 – June 30, 2025, fixed fee amount will be updated based on the CPI change from February 2023 to February 2024, and so forth.

24 Exhibit “C”

LIVE SCAN FINGERPRINTING REQUIREMENT

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 may be required to obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work on-site.

ITEM # 8

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance

SUBJECT: APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 3821 WITH HINDERLITER DE LLAMAS AND

ASSOCIATES (HDL) FOR BUSINESS LICENSE ADMINISTRATION

SERVICES

DATE: March 27, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Amendment No. 1 to Professional Services Agreement No. 3821 with Hinderliter de Llamas and Associates (HdL) for Business License Administration Services; and

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

FISCAL IMPACT:

The City currently utilizes the services of Hinderliter de Llamas and Associates (HdL) to administer the City’s business license program. This is a complex operation that – as required by Montebello Municipal Code Section 5.04 et al – licenses approximately 4,000 businesses in the City, ensuring they meet required zoning, fire safety and other local, County and State regulations. HdL provides a single point of contact for business owners – live staff available via telephone or assistance through a web portal accessible from the City’s website – to apply for new licenses, renew existing licenses, and get assistance with the business license process.

The City’s business license program provides $3.050 million in revenue to the General Fund (Fiscal Year 2023-24). This is revenue that helps support the City’s daily operations, including public safety, community services and public works. Since engaging HdL to fully administer the business license program, revenue has increased 35%.

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

Per Agreement No. 3821, HdL receives $18.09 per business account (current rate, adjusted annually by CPI), as well as a percentage of revenues collected from their discovery and audit services. For Fiscal Year 2022-23, these services cost a total of $216,800. Through the efforts of HdL, revenue has increased $670,000 when comparing revenue prior to utilizing HdL to the current fiscal year.

The majority of this increase in revenue over the past three years has come from discovery and audit services. Some businesses in Montebello were operating without proper business licenses. Other businesses were delinquent in renewing their licenses. HdL has been able to maintain compliance with the City’s Municipal Code by ensuring annual renewal of licenses, as well as discovering businesses operating without a license. These discovery and audit efforts assist our Fire and Community Development Departments with ensuring all businesses are operating per local and State regulations (i.e., State Fire Code, local zoning ordinances, etc.).

BACKGROUND/DISCUSSION:

The City has utilized HdL for assistance with its Business License program for over eleven years. Prior to 2020, HdL provided payment assistance and processing services only ("HdL Prime Business License). With a key staff member’s retirement in Fall 2020, Finance Staff reached out to HdL to discuss an option for them to provide full business license program management services. HdL currently provides full business license program administration for over 600 Cites. Since HdL was already in use by the City, and had familiarity with the City’s program and businesses, the expansion of their assistance made the most organizational and financial sense.

Agreement No. 3821 was for an initial three (3) year term, with the option to extend. Amendment No. 1 extends the term of the agreement to June 30, 2025. The current, inflation adjusted account processing fee is $18.09 per processed account. The discovery and audits percentage fee remains at 35%.

Approval of Amendment No. 1 allows for the continued efficient and effective management of the Municipal Code business license program, and ensures all businesses in Montebello are operating safely and legally. Staff anticipate annual revenue to exceed $3.1 million in succeeding years as HdL’s discovery and audit efforts bring more businesses into compliance. Staff have been satisfied with HdL and recommend continued use of their services.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

SUMMARY:

Staff recommends approval of Amendment No. 1 to Agreement No. 3821 with HdL for administration of the City’s business license program. The amendment extends the term of the agreement to June 30, 2025, and sets the processed account rate at $18.09 per account, with allowances for annual inflation adjustments. Funding for these services are included in the Fiscal Year 2023-24 budget, and Staff will develop the FY 2024-25 budget with sufficient funding. All expenses related to administration of the City’s business license program are offset by the revenue collected ($3.05 million in FY 2023-24).

ATTACHMENT(S)

1. Attachment A - Amendment No. 1 to 3821 HdL Hinderliter De Llamas Tax Fee - signed

2. Attachment B - Agreement No. 3821 - HdL

NEXT STEPS:

N/A

ATTACHMENT A

CITY OF MONTEBELLO

AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3821
WITH HINDERLITER DE LLAMAS AND ASSOCIATES (HdL)

This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1”), is made and entered into this 27th day of March 2024, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and Hinderliter de Llamas and Associates (HdL), (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

WHEREAS, the Consultant and the City entered into that certain Agreement for Tax & Fee Professional Services by and between the City of Montebello and Hinderliter de Llamas and Associates (HdL) , dated September 9, 2020 ("Agreement"), pursuant to which City retained Consultant to provide Tax & Fee Professional Services , as further described in the Agreement; and

WHEREAS, the City awarded the Agreement to the Consultant based on their qualifications. Staff is exercising Section 2. Term of Professional Service Agreement No. 3821 to extend the Term of the Agreement for two (2) additional years (expiring expiring on June 31, 2025) with Hinderliter de Llamas and Associates (HdL) for Tax & Fee Professional Services. The services needed, including costs and expenses, exceeded the anticipated scope of the Agreement, and City and Consultant desire to increase the maximum compensation allowable under the Agreement; and

WHEREAS, under Section 1. SERVICES/COMPENSATION, Consultant may exceed the maximum compensation with prior written consent of the City; and

WHEREAS, under Section 5. EXTRA SERVICES, of the Agreement, any extra services over and above the compensation need to be duly authorized in writing by the City Manager; and

WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No.1, as set forth below.

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. Schedule of Compensation. The current cost per processed account under the Schedule of Compensation included under Attachment “B” of Exhibit “A” shall hereby

AMENDMENT NO. 1 TO AGREEMENT NO. 3821

be set at $18.09 subject to an annual increase based on increase in the Consumer Price Index for the region.. Discovery/Audits will remain the same at 35%.

SECTION 2. Term. The Parties hereby acknowledge the exercise of Section 2. Term of Professional Service s Agreement No. 382 1, Amendment No. 1 which allows for the extension of the Agreement for two (2) additional one -year extensions. The original termination/expiration date of the Agreement, as set on August 31, 2023 is hereby extended. The Parties hereby agree to exercise both remaining one-year options and the Agreement will now terminate on June 30, 202 5. This extension is in accordance with the provisions outlined in the Agreement, demonstrating the City’s commitment to the continued provision of Tax and Fee administration services by HdL Hinderliter de Llamas and Associates.

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]

[SIGNATURES ON THE FOLLOWING PAGES]

AMENDMENT NO. 1 TO AGREEMENT NO. 3821

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 Hinderliter de Llamas and Associates (HdL)

Raul Alvarez, City Manager Robert Gray, Chief Information Officer

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

Final Amendment -1 to 3821 HdL Hinderliter De
Llamas Tax Fee
Final Audit Report 2024-03-15
Created: 2024-03-14
By: JACQUELINE LEON ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAqyckmwdX3iBvSDxVUiVCb7gCRSAxIKSz "Final Amendment -1 to 3821 HdL Hinderliter De Llamas Tax Fe e" History
Document created by JACQUELINE LEON ([email protected]) 2024-03-14 - 11:19:57 PM GMT
Document emailed to Robert Gray ([email protected]) for signature 2024-03-14 - 11:20:00 PM GMT
Email viewed by Robert Gray ([email protected])
2024-03-14 - 11:43:52 PM GMT
Document e-signed by Robert Gray ([email protected]) Signature Date: 2024-03-15 - 3:13:38 PM GMT - Time Source: server Agreement completed.
2024-03-15 - 3:13:38 PM GMT

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 3821

BY AND BETWEEN

CITY OF MONTEBELLO
AND
Hinderliter de Llamas and Associates
HdL)
THIS AGREEMENT (" AgreemenY') is made and entered into on September 9, 2020, by the CITY OF MONTEBELLO, a municipal corporation ( hereinafter referred to as " CITI^') and Hinderliter de Llamas_ and Associates ( HdL) ( hereinafter I
referred to as " CONTRACTOR"). CITY and CONTRACTOR are sometimes referred to herein individual as the" Party," and jointly as the " Parties."

RECITALS
WHEREAS, the CITY desires to retain a qualified professional contractor to provide Tax and Fee Professional Services in the CITY; and WHEREAS, the CONTRAC70R represents that it is fully qualified to pertorm such services by virtue of its experience and the training, education and expertise of Rs principals and employees.

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

SECTION 1. SERVICES/ COMPENSATION.

A. All terms, conditions, requirements, and provisions of the proposed Scope of Work as such is set forth fully in Exhibit" A" hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. 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. CONTRACTOR shall provide to CITY all labor, equipment, materials and incidental ecessary to provide Tax & Fee Professional 5ervices as set forth fully in the Request for Proposals, as such is set forth fully in Exhibit " A" hereto and incorporated fully herein by this reference ( hereinafter" Professional Services").

C. CONTRACTOR shall be shall be compensated for perfocmance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit " A" and incorporated fully herein by this reference (" Compensation").

CONTRACTOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. CONTRACTOR shall no incur fees or cost which exceed the Compensation without the prior written consent of the CITY.

SECTION 2. TERM.

This Agreement shall commence on September 1, 2020 (" Effective Date") and shall expire three ( 3) years from the Effective Date ( August 31, 2023), 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.

ATTACHMENT B

Professional Services P greement No. 3821

SECTION 3. PERFORMANCE.
a. CONTRACTORshall at all times, faithfully, competently, and to the best of its ability, experienceand talent, perform all tasks described herein. b. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Contractor hereunder, in meeting its obligations under this Pqreement. c. CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. CONTRACTOR shall have the right to retain, subject to CITY' s approval, additional individuals, consultants or subcontractors to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subcontrectors shall be the sole and exclusive responsibility of CONTRACTOR. e. CONTRACTOR shall retain all original reports, field and office notes, correspondence, caiculations, maps, and other documents specifically related to the servicesprovidedby CONTRACTORpursuantto this Agreement, other than documents which are exempt from disclosure pursuant to the attomey- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 4. WORK PRODUCT.
a. CONTRACTOR hereby agrees that all woric product produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said woric product shall be retained by the CITY. CONTRACTOR may take and retain copies of such written productsas desired, but no suchwrittenproductsshallbethesubjectofa copyright application by CONTRACTOR.
b. All data, documents, discussion, or other infortnation developed or received by CONTRACTORor providedfor performanceof this Agreementare deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by the CITY. The CITY shall grant such consent ' rf disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or tertnination of this Agreement.

ProprietaryInformationof Consultant. As used in this 5ection, the term proprietaryinformation" means any information that relates to ConsultanYscomputer or data processing programs; data processing applications, routines, subroutines, techniques or systems; or business processes. City shall hold in confidence and shall not discloseto any other party any of ConsultanYsproprietaryinformation in connection with this Agreement, or otherwise learned or obtained by City in connection with this Agreement, unless disclosure is required under federal or state law, includingwithoutlimitationthe Freedomof InformationAct or the PublicRecords Request Act. Consultant shall retain ownership and rights to all proprietary information. The obligations imposed by this Section shall survive any expiration or termination of this I\ qreement.

Professional Services Agreement No. 3821

SECTION 5. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the City Manager.

SECTION 6. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work pertormed by CONTRACTOR and shall be the CIT'Y agent with respect to obtaining CONTRACTOR' s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 7. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation{s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty ( 30) days cease and terminate. Violations by Contractor which cannot be corrected within ten ( 10) days, said contract shall at the option of the City cease and terminate upon the giving of like notice. In the event of any such termination for default by Contractor, 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 Contractor. The Contractor and his sureties shall be liable to the Ciiy for any excess cost occasioned in the event of any such tertnination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination. b. Termination For Convenience. The CITY shall have the optio, 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 CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a terrnination for convenience by CITY, the Partiesagreethat CONTRACTORshall be reimbursed for any "non-refundable" costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such "non- refundable" costs were incurred by the CONTRACTOR prior to the date of tertnination, and ( 2) that CONTRACTOR provides the CITY with adequate proof that CONTRACTOR 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 inc rred by CONTRACTOR for its performance of services under this Agreement. CONTRACTOR agrees to cease ail work under this Agreement

Professional Services Agreement No. 3821

on or before the effective date of any notice of termination.

SECTION 8. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be empioyed by CONTRACTOR during the tertn of this Agreement.

SECTION 9. NON- LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to CONTRACTOR in the event of any defaultor breach by CITY, or for any amount which may become due to CONTRACTOR.

SECTION 10. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shail not at any time or in any manner represent that he is in any manner an elected o cial, officer, employee or agent of the CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, CI7Y shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY, CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR' s employees or CONTRACTOR' S subcontractors for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. CITY shall not deduct from the Compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or subcontractors with workers' compensation insurance or any other insurance.

SECTION 11. PERS ELIGIBILITY INDEMNITY.
a. In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTORproviding services under this Agreement claims or is determined by a court of competent jurisdiction or the Califomia Public Employees Retirement System ( PERS) to be eligible for enrollment in PERS as an employee of the Cll" Y, CONTRACTORshall indemnify, defend, and hold hartnless CITY for the payment of anyemployeeand/or employerconVibutionsfor PERS benefits on behalf of CONTR,4CTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
b. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrery, CONTRACTOR and any of its employees, agents,

Professional Services Agreement No. 3821

and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, inciuding but not limited to eligibility to enroll in PERS as an employee of CITY and entitiement to any contribution to be paid by CITY for employer contribution and/ or employee contributions for PERS benefits.

SECTION 12. LEGAL RESPONSIBILITIES.

CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local govemments 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 CONTRACTOR to comply with this section.

SECTION 13. INDEMNIFICATION.

The CONTRACTOR 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 CONTRACTOR' S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 14. INSURANCE COVERAGE.

During the tertn of this Agreement, CONTRACTOR 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 CONTRACTOR' S performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

Commercial General Liability ( CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily injury and property damage, including products-completed operations, personal i jury and advertising injury, with limits no less than $ 1,000, 000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

Automobile Liability Insurance: Insurance Services O ce Form Number CA 0001 covering, Code 1 ( any auto), or if CONTRACTOR 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.

Workers Compensation insurance as required by the laws of the 5tate 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 Services Agreement No. 3821

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

If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.

CONTACTOR shall require each of fts subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

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

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. CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either ( i) immediately terminate this Agreement for Cause; or ( ii) take out the necessary insuranceand pay, at CONTRACTOR'S expense, the premium thereon.

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

CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with otherpoliciesprovidingat leastthe samecoverage. Such proofwill be fumishedat least two weeks prior to the expiration of the coverages.

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

CONTRACTOR agrees to require its insurer to modify the certificates of insurance to deleteany exculpatorywordingstatingthat failure of the insurerto mail written notice of cancellation imposes no obligation, and to delete the word " endeavor" with regard to any notice provisions.

The insuranceprovided by CONTRACTOR shall be primary to any coverage available to CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR' S insurance and shall not contribute with it.

All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR' S employees, agents or subcontractors, from waivingthe rightof subrogationprior to a loss. CONTRACTORherebywaivesall rights of subrogation against the CITY.

Professional Services Agreement No. 3821
Page7of11
Any deductibles or self- insured retentions must be declared to and approved by the CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self- insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

Procurement of insurance by CONTRACTOF2 shall not be construed as a limitation of CONTRACTOR' S liability or as fall performance of CONTRACTOR' S duties to indemnify, hold hartniess and defend under Section 9 of this Agreement.

SECTION 15. SUBCONTRACT. ASSIGNMENT OR DELEGATION.

CONTRACTOR shali not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub- contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obliga6ons under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub- contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONTRACTOR under the Agreement.

SECTION 16. 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 17. 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 attomey' 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, Califomia. The Parties agree that the covenants contained in this Article shali survive the expfration or termination of this Agreement.

SECTION 18. 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 19. WARRANTIES.

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

Professional Services Agreement No. 3821

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 l q eement, 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 20. 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, iliegal, 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 ot 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.

Professional Services Agreement No. 3821

SECTION 21. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

City of Montebello
ATTN: Rene Bobadilla, P.E., City Manager
1600 West Beveriy Boulevard
Montebello, California 90640
E- mail: rbobadilla@cityofmontebello. com
SECTION 22. NON- DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this / qreement, CONTRACTOR shall riot discriminate against any employee, sub- contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation.

CONTRACTOR will take affirmative action to ensure that sub- contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 23. CONFLICT OF INTEREST.

CONTRACTOR 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 CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be empioyed by it. Furthermore, CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

CONTRACTOR covenants not to give or receive any compensation, monetary or othenvise, to or from the ultimate vendor( s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by CONTRACTOR. CONTR, 4CTOR' s covena t under this sectio shall survive the termination of this F qreement.

SECTION 24. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreementshall be effectiveonly if in writing and signed by each party. If any term, conditionor covenant of this Agreementis held by a court of competent jurisdictionto be invalid, void or unenforceable, the remaining provisionsof this Agreement shali be valid and binding.

Professional Services Agreement No. 3821

Section 25. COOPERATIVE AGREEMENT. Client acknowledges and agrees that any other public agency within the State ( e.g., city, county, district, public authority, public agency, municipality or other political subdivision) may procure services that are substantiallysimilar to any of the Services set forth in this Agreement, provided that such public agency executes a separate agreement with Consultant wherein the fees payable for the services rendered to such public agency are the responsibility of such public agency and not Client.

CITY OF MONTEBELLO CONTRACTOR
i^ J%
Rene Bobadilla Robert Gray, H
City Manager Chief Information Officer
Dated: ! Dated: 9/?9/2020
ATTEST: s,. +:
1 9 ,
r , w x
irma Ba ' s Y
CI/ C.@fiC
k"" r
APPROVED AS TO FORM:

A old Alv ez- Glasman
City Attorney

Professional Services Agreement No. 3821

Exhibit" A"
Proposal
See Attached

1 I

SUBMITTED BY CONTACT
HdL Companies George Bonnin
120 S. State College Blvd., Suite 200 T: 714 879 5000
Brea, CA 92821 E: gbonninC hdlcompanies. com
hdlcompanies. com

Dear Michael,
Thank you for the opportunity to present this proposal for HdL's Tax& Fee Administration Services. Please be advised that we maintain a busy implementation schedule throughout the year. Your position in the implementation schedule will be determined when a signed agreement is received.

This proposal is valid until October 15, 2020.

Should you have any questions, please contad me at 888. 861. 0220 or by email at gbonnin( a hdlcompanies. com.

Tax 8 Fee Administration Fee Schedule
Service Com reation
Business License Tax Operations ManagemeM 15. 00 per processed accou t+ CPI Business License Tax Discovery 35°, 6 of all revenues colleded Business License Tax Audit 35% of all revenues colleded OPTIONAL 5800.00 per year for each monthty filer+ CPI
Transient Occupancy Tau Operations Management 700.00 per year tor each quarterly filer+ CPI includes audits)
Business License Tax Ordinance/ Fee Study 510, 000. 00 ( Concurrent with Business License Operations Management Services)
General Scope of Services
Business License Tax Oaeratlons Manaaement
HdL will transfer the City's existing databases as they relate to business license tax into HdL' s intemal I
administrationtools. HdL will maintain the data and provide access to or copies of data or reports at the City' s request. While access to online systems will be available for the City to use at their discretion, the City will not be required to use or maintain any softvuarein house for managing the business license registry.

Renewal Processing— Send active business license accounts a renewal notice within 45 days of the renewal periodending. Accourrtswill receive all applicable forms necessary to complete the renewal process.

New Account Processing — HdL will process any new business license applications and compiete the new account registration process in a timely fashion. HdL will also facilitate intra- cily departmental approvals such as zoning, code compliance, fire inspection, and other regulatory related funcfions.

Delinquent Account Processing — HdL will endeavor to cotlect delinquent accounts through a series of City approved processing methods. This will include at minimum two follow up delinquent notice and up to two telephone calls. Delinquent accounts will be collected with full penatties as allowed by the Municipal code or throughcurrentCity practices. Accountsthat remaindelinquentwill be processedthroughthe City approved processes established in HdL' s collections component of the Compliance Management Program.

On-Line Filing 8 Payment Processing — HdL registers a City approved domain name which will serve as the startingpointfor allweb-basedactivdies. ThisCityspec c site isdesignedto lookandfeel likethe City's own web pages and ensures a level of continuity beMieen the business community, the City, and HdL.

Wrth HdL Flex File businesses can choose to file their new business registration as well as renew their license and make payments via our on-line filing portal. In addition to filing and paying for taxes, businesses can obtain copies of applications, general support and FAQs, schedule appointments and request copies of their tax registration all with the click of a button. Our on- line services underscore HdL' s commitment to excellence in customerservice and education by co tinually improvingthe registrationand payment experiencefor the business community.

Payment Posting/ Processing — HdL will process all payments received in an expedited manner. License accounts will be updated daily with payment information and revenues to be disbursed to the City net applicable fees at an interval to be agreed to during the project planning phase. Disbursements typically occur monthly but can be remitted as often as weekly depending on volumes and City needs. HdL's payment acceptance process accepts the following payment types:

Check/ Money Order/ Cashier' s Check
E- Check
Debit Cards
Credit Cards sa, Mastercard, Discover, & American Express) Check by Phone
HdLcurrentlyutilizesmultiplepaymentgatewayprovidersfor on-line paymentacceptance. HdLwillwork with the City to determine which provider, rate structures, and card types meet the City's needs. HdL can also utilize the same provider and process used by the City's current on-line functionality.

Business Support Center— HdL will provide businesses with multiple support options for registering, renewing, makingpaymentsandfor generalinquiries. A toll-free numberwill be providedto businessesinorderto access one of our license specialists Monday- Friday 8:OOamto S:DOpmPacific. Businesses will also have access to support via, e- mail, fax, and via the Business Support Center On- Line. HdL constantly monitors quality control points to ensure courteous customer service, minimal hold times under 2 minutes, and the retum of voice messages the same business day.

Business License Tax Discoverv
Enriched Data PortFolio/ Lead Identification— Utilizing data provided by the City, as well as the HdL Enriched Data Portfolio ( EDP), HdL's team builds an enhanced listing of entities subjected to licensure or taxation including, butnotlimitedto, thosebusinessesphysicallylocatedintheCity, itinerantbusinesses, andentities participatinginthe sharingeconomysuchas short-tertnrentals(STRs),drivesharingservicesandothers. These entftiesare electronicallymatchedto the existingfiles of the City using advanceddata matchingalgorithms, allowingHdLstaff to identifywhichentitiesare compliantandwhichentitiesrequirefollowup.

Field Surveys — Experienced field crews, equipped with the most advanced tools available ( mobile mapping/GPS systems, tablet computerspre-loaded with various City and state-wide databases, etc.) may canvasscommercialareasof the Cityto developand enhancethe leads identifiedin the EDP. FieldSurveys provide additional inventories of adive businesses as well as to provide on-site ver'rficationsof data culled from other sources.

Exception Resolution— Records are reviewed by our skilled team members, filtering out records that may lead to erroneouscontacts. This extrastepallowsstaffto find additionalrevenuesnototherwiseidentifiablethrough electronicmeansand assistsin reducingpotentialcomplaintsleviedat Citystaffand managementfrompursuit of false positives.

Compliance CommunicaUon and Outreach — Upon exception resolution, HdL staff initiates contact with the identifiedentitiesthrougha seriesof Cityapprovedcommunicationmethods. HdLmakeseveryeffortto simplify the process for taxpayers and utilizes a variety of inediums for communication including mail, telephone, email and web- site access. Potential non- compliant entities are notified of their options to comply or dispute their on-

compliant status. Initial not cation packets include everything a business needs to become compliant and muRiple methods of resoNing their accounts.

Business Support Center — HdL operates a business support and service center where the business communitycan access expert staff during normal business hours. Businesses calling our toil free line can expect minimal hold times along with access to a variety of options which include filing support, payment options, resolutionof specific tax issues and other services designed to reduce the burden of registering and filing taxes.

Ourteamof experts, includingour residentCertifiedRevenueOfficers (CRO), impiementsa businessfriendly and education centric approach to supporting the business communiry in all aspects of the management and compliance process.

Business Support Center— Online — Businesses are encouraged to take advantage of the range of services available on- line, 24 hours a day, seven days a week. Wrth HdL Flex File, businesses can choose to file their newbusinessregistrationaswellas makepaymentsviaouron-linefilingportal. In add'Rionto filingand paying for taxes, businesses can obtain copies of applications, general support and FAQs, schedule appointments and request copies of their tax registration all with the click of a button. Our on- line services underscore HdL' s comm'Rmentto excelience in customer service and education by continually improving the registration and payment experience for the business community.

Document Submission/ Processing— Whether the taxpayer chooses to respond by mail, email or our online filing websfte, each application su6mission is reviewed for completion and accuracy prior to processing. Any additional documentation needed to complete the approval of a submission, such as a home occupation permit, can also be requested or forwarded to other City departments either as a pre-requisite or as a courtesy to the business. All submissions are filed and stored electronically and made available to the City via standard reporting processes or upon request.

Invoicing — Once an application is approved, invoices are forwarded to the taxpayer indicating detailed tax calculationsand balancesowed. Taxpayers are provided the opportunity to pay their balances via mail, online, or over the phone services. Taxpayers will also have continued access to our Business Support Center for any questions or disputes arising from the invoice process.

Registry Update— Uponcollection of all requirements which may include the payment, application and/or other documentation, HdL will prepare a Registry Update package to include payment as well as copies of all taxpayer correspondence and other relevant information. Data in the City registry file stored in the HdL Prime Software Suite is updated daily with packages from the Compliance Management Services. Once completed, the business will be processed through the standard processes approved through the HdL Operations Management Component.

Business License Tax Audits
Analysis& Selection— Auditcandidatesare selectedusinga varietyof selectionmethodobgiesdevelopedby our audit team using decades of business license tax audit experience. Preliminary analysis reports on each business selected are shared with the City prior to moving through the audit phases.

Audit Notification 8 Scheduling — Businesses selected by HdL and approved by the City are sent a letter notifyingthem of a scheduled Compliance Analysis Audit. Every effort is made to promote a positive experience for the taxpayer. A detailed description of the requirements and relevant documentation required for the audit is provided to the business2 weeks in advance of the proposed audRdate. If the business is unable meet the auditdateseleded bytheCityall effortsto reschedulethe auditto a moreaccommodatingdate will be made.

Businessesarealsoaffordedthe opportunityto scheduleflexibleappointmenttimesby contactingtheBusiness SupportCerder or visiting our online support center.

Compliance Analysis 8 Audit — The HdL audit team will aud'R the financial records of the business to detertninecompliancewithbusinesstax regulations. HdLvalidatestaxingvariablessuchas grossreceiptsand other relevant information for determining compliance. In addition to identifying underreporting issues, the HdL

Audit Program will also focus on other compliance related issues such as assuring corted classifications, mukiple location ailocation, apportionment issues, and identifying business to business relationships that may create tax liability for 3'" parties.

Audit & Compliance Report— Upon completion of the audit and analysis, and prior to additional actions, a compliance report wiil be generated and reviewed with the City. The report will indicate specific results of the review and recommended future actions. Documentation that substantiates the findings in the report will be included with the report to assist the City and HdL in determining next step of the process.

Deficiency and Commendation Notification — Uponfinal reviewof the auditandanalysisreportbusinesses that are found to have deficiencies will be not ed of the findings as well as the payment and appeal processes.

HdL will also work with businesses found to be deficient to explain the current findings and educate taxpayers on properfuturefiling proceduresso as to preventfutureerrorsand deficiencies. Businessesfoundto be in compiiance, will be sent a commendation letter thanking them for their compliance.

Invoicing & Collections — Business found to be underreporting are invoiced through the standard City approved collections process. Balances are collected and remitted along with supporting documentation to the City through the approved remittance processes.

OPTIONAL SERVICES
Business License Tax Ordinance and Fee Analysis
General Scope of Work
Current Tax Registry Analysis:

HdL will conduct an analysis of the current business license ordinance and the City' s tax registration database. Data wili be compiled on the number of businesses, current tax revenues received by City, categories, and other related information in order to provide an accurate baseline for current models and the impact of changes
Fee Analysis and Comparative Study:

Usingthe data compiledfrom the registrationanalysis, as well as data compiledfrom other sourcessuch as neighboringcfties, HdLwiil preparea reportcomparingthe Citymodelandbestpracticesto thoseof neighboring cities. The reportwill assist and providethe City with guidanceas to possiblepositivechangesto its current model. The report will also include filing options, sample tax forms, and other tax administration related dataldocuments.

Modified Tax Structure Options:

As a resuft of the findings of the comparison report, HdL, in conjunction with City staff will draft a series of possible business tax re-structuring options for City consideration. Options may include the proposing of gross receipt-based taxes, employee- based taxes, flat taxes or a hybrid of all mentioned options. HdL will draft potential new and detailed structures to be used in the City's new ordinance. HdL will also review and provide sample ordinanceIanguagefromneighboringcities"modelordinances".Thefinalreportwill include,amongotherthings, a complete business license tax structure recommendation along with revenue and cost impacts associated with each proposed model.

Transient Occupancy Tax Operations Management Services
General Scope of Work
HdL's transient occupancy tax administration service goes beyond scheduled cyclical audfls, providing compliance monitoring of each return as it is filed while unburdening the City from the day to day administration of the TOT revenue program. Continual mondoring of returns is the optimal way to increase compliance while maintaining posRiverelationswith the City's lodging providers. The program is education focused, ensuring that bdging providers are clear on reporting requirements and methodology. HdL' s tax administration professanals are available as needed to support both the Cdy' s team and the City' s lodging providers. The City is kept up to date, with 24x7 online access to HdL's client portal containing real time access to registra6on and filing data, and management reporting. HdL's TOT administration service inwrporates all of the following:

Tax RegisUation Database Management— HdL will transfer the City' s existing databases as they relate to TOT into HdL's internal administration tools. HdL will maintain the data, software, online filing portal for lodging providers, and online client portal for the City.

Return Processing — HdL will process TOT filings within 5 days of submission. Accounts will receive all applicable forms necessary to complete the renewal process.

New Account Processing — HdL will process any new TOT registrations for Lodging Establishments that change hand or newly offered properties.

Payment Posting/ Processing — HdL will process all payments made for new and existing bdging providers.

Accounts will be updated with payment information and revenues will be remitted to the City net HdL's fees on no less than a monthly basis.

On-Line Filing& Payment Processing— With input from the City, HdL crafts a customized website and domain for the City's taxpayers to submit online forms, retums, and payments along with other customer support related items.

Compliance Monitoring 8 Lodging Provider Audits — HdL will ensure accurate filings of TOT returns by wnsistently monitoring retums and educating lodging providers on filing requirements. HdL will also provide cyclicalwmpliance audits as mutually agreed to by the City and HdL, ensuring all providers are audited at least once every three years. The compliance audd process is described above in Option 1.

Reports — HdL's TOT administrationservice includesa variety of standardrepoRsdemonstratingaccount activityand filing trends. During service implementationHdL will work wfth the City to identify reporting requirements and frequency/ method of delivery and will supplement our standard service wfth custom reports as neededto meet the City's requirements.

Progress Payments — HdL's TOTadministrationserviceis billedmonthlybasedon activitycompletedduring the prior month. If standaloneaudits are conducted, they are billed only upon completion of the audit.

CustomerSupportCenter— Hdl willprovidelodgingproviderswithmultiplesupportoptionsfor registering, filing retums, making payments and for general inquiries. A toll- free number will be provided to businesses in

order to access one of our tax specialists. Lodging providers wili also have access to support via e- mail, fax, and the online Business Support Center.

Annual Audit Plan — During implementation, HdL gathers all the historical data available from the City and leverages internal data sources and expertise to provide an analysis of all lodging providers, along with a recommended audit schedule. This allows HdL to work cooperatively with the City to identify the entkies that require attention first. HdL works directly with the City to ensure consensus on the audit schedule for the program.

ITEM # 9

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: APPROVAL TO SUBMIT THE CITY’S FISCAL YEAR 2024-25 ANNUAL

EXPENDITURE PLAN AS PART OF THE LOS ANGELES COUNTY

SAFE, CLEAN WATER PROGRAM (MEASURE W)

DATE: March 27, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize the City Manager or his designee to submit the Los Angeles County Safe, Clean Water Program Annual Expenditure Plan for Fiscal Year 2024-25; and,

2. Take additional action as deemed necessary
FISCAL IMPACT:

The Los Angeles County Safe, Clean Water (SCW) Program Fiscal Year 2024-25 local return allocation for Montebello is estimated at approximately $910,000 (i.e., Measure W). Under the SCW Municipal Program, 40% of the funding is allocated to cities as local return with maximum flexibility. Eligible activities include project development, design, construction, effectiveness monitoring, operations and maintenance, programs and studies related to protecting and improving water quality. The City will receive direct funding via the Municipal Program proportional to the revenues generated within our boundaries.

On February 26, 2020, the City Council approved a Partnership Agreement with Los Angeles County for the East Los Angeles Sustainable Median Stormwater Capture Project. Construction of this $33.3 million project is complete. The City’s contribution is $4,532,424. The Annual Plan Program for FY 2042-25 includes the continued contribution to the East Los Angeles Sustainable Median Stormwater Capture Project in the amount of $758,106. The City will also contribute annually for the operation and

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

maintenance once the amount is determined. Construction payments have been budgeted in and paid out of the Measure W fund (Fund 229) since Fiscal Year 2020-

21. The FY 2023-24 budget includes funding for the fourth payment as outlined below, and the FY 2024-25 budget will similarly include appropriation funding. Future contributions for annual operations and maintenance costs will be budgeted for in Fund 229.

The payment schedule per the terms of the agreement is as follows:

Invoice
No.

Amount Payment Date
1 $700,000 6/10/2021
2 $800,000 6/9/2022
3 $758,106 12/30/2022
4 $758,106 12/30/2023
5 $758,106 12/30/2024
6 $758,106 12/30/2025
Total: $4,532,424

The balance of the annual funds received is programmed for administrative programs, operation and maintenance activities related to regulatory compliance. For the upcoming fiscal year (FY 2024-25), the table below lists the expenditures, budgets for the expenditures, and total budget for the City's SCW Program Payment.

Expenditure Type Expenditure Name Expenditure Budget

Project 1

East Los Angeles Sustainable Median
Stormwater Project

$758,106

Program 1

Stormwater and Urban Runoff Monitoring
and Reporting

$121,978

Program 2

Water Quality Programs Administration
and Coordination

$30,000
Total: $910,000

The $910,000 in Measure W revenue will be recorded in Account No. 229-99-3630.70 (Special Revenue Measure W). The $910,000 in expenses will be recorded in Account

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

No. 229-30-315-6040.10 (Outside Contracts). Subsequent budgets will include the anticipated revenue and planned expenditures in Fund 229.

BACKGROUND/DISCUSSION:

On August 26, 2020, the City Council authorized the City Manager to sign the Los Angeles County (County) Safe, Clean Water Program Transfer Agreement. The Municipal Program is designed to maximize the ability of the City to address local stormwater and urban runoff challenges and opportunities.

Annual expenditure plans are due April 1st of each year for the upcoming fiscal year. The intent of this Plan is to provide a description of projects, programs, Operation and Maintenance and other activities that are funded through this Program. Projects and programs presented in the expenditure plan are required to include water quality benefits.

Multi-benefit projects and nature-based solutions are also highly encouraged. The Plan includes the expected budget of estimated expenditures, overview of benefits achieved, achievement of the City project/program goals, work schedule, completion date and other objectives that will demonstrate the City’s use of funds.

Following are guidelines under the County’s SCW Program:

18.06 - Municipal Program Implementation.

A. The Municipal Program shall be implemented in accordance with the provisions of this Section.

B. Each Municipality receiving Municipal Program funding from the SCW Program shall perform the following functions as part of the Municipal Program:

1. Prioritize the development of Projects that, to the extent feasible, assist in achieving compliance with the MS4 Permit.

2. Prepare, prior to the start of that Municipality's fiscal year, a plan for how SCW Program funds will be used in the ensuing fiscal year.

3. Comply with all SCW Program reporting and audit requirements and provide to the District additional financial and other information, as required by the SCW Program or upon request of the District.

4. As part of the Municipal Program planning process, consider Municipal-level requests for Projects from eligible Infrastructure Program Project Applicants.

5. At least annually, prepare and provide to the public informational materials containing up-to-date information on the Municipality's actual and budgeted use of revenues from the SCW Program.

6. Operate in accordance with best practices for government agencies.

7. Be strictly accountable for all funds, receipts, and disbursements by the Municipality.

8. Identify or establish, and then execute, a plan to engage with Stakeholders in the planning process for use of the Municipal Program funds during the planning and implementation of Projects and Programs.

9. Comply with all Transfer Agreement requirements.

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

10. Prepare a vector minimization plan addressing vector considerations for the design, operation, and maintenance of each Project.

C. Maintenance of Effort.

1. A Municipality must spend at least seventy percent (70%) of its Municipal Program funds annually on eligible expenses related to Projects or Programs implemented on or after November 6, 2018, which also includes operations and maintenance of Projects built to comply with the MS4 Permit, so long as the Project complies with Municipal Program requirements.

2. Up to thirty percent (30%) of a Municipality's Municipal Program funds may be used to pay for costs and expenses incurred on or after November 6, 2018, related to the continuation of Programs implemented or the maintenance of Projects implemented prior to November 6, 2018.

D. Municipal Program Annual Progress/Expenditure Reports.

1. Each Municipality shall prepare and submit an annual report to the District, not later than six months after the end of that Municipality's fiscal year.

2. The annual report shall include the following information:
a. A summary of the expenditures and Water Quality, Water Supply, and Community Investment Benefits realized through use of SCW Program funds;
b. The amount of SCW Program funds expended;
c. Documentation that the SCW Program funds were used for eligible expenditures;
d. A description of work accomplished during the reporting period; e. The milestones or deliverables completed/submitted during the reporting period;
f. The work anticipated to be accomplished during the next reporting period;
g. Photo documentation of the above, as appropriate; h. Additional information as required by the District; and i. A description of the Municipality's stakeholder-engagement activities during the reporting period, including documentation, as appropriate.

3. The District shall review each Municipality's annual report to make a preliminary determination of whether and the extent to which each Municipality's expenditures achieved SCW Program Goals, and the District shall forward its preliminary determination to the ROC.

4. The ROC shall review the Municipalities' annual reports after the District has completed its preliminary determination, to evaluate whether and the extent to which the Municipalities' expenditures achieved SCW Program Goals and develop recommendations as appropriate. The ROC shall report its findings and recommendations to the Board and provide copies to the respective Municipalities. (Ord. 2019-0042 § 11, 2019.)

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

The recommended action will allow the City to submit the required annual Los Angeles County Safe, Clean Water Program (Measure W) expenditure plan for Fiscal Year 2024-

25. There is no direct fiscal impact to the recommended actions. The FY 2024-25 budget will be developed to include funding for the expenditures detailed above.

ATTACHMENT(S)

1. Attachment A - Montebello Measure W Annual Plan 2024-25

NEXT STEPS:

N/A

Attachment A

SCW Program Annual Plan 2023-2024: Description of Projects

PROJECT 1: East Los Angeles Sustainable Median Stormwater Capture Project

BUDGET: $758,106

DESCRIPTION: The City implemented this regional project in partnership with the County of Los Angeles and the City of Monterey Park. The project repurposed large medians into infiltration BMPs by diverting urban and stormwater runoff to drywells and creating community recreational spaces. The BMPs are sized to capture and treat approximately 22 ac-ft of urban and stormwater runoff from a 3,000 -acre tributary area. Community benefits include jogging paths, drought tolerant landscaping, and educational/interpretive signs.

The project was programmed into the Rio Hondo WASC SIP, and the City is funding its own cost-share through the Measure W local return.

Description of SCW Program Goals Achieved

Goal 1: Improve water quality and contribute to attainment of water -quality requirements.

This project will implement drywells (infiltration BMPs) and will contribute to the attainment of water -quality requirements, such as the Los Angeles River Bacteria and Metals TMDLs.

Goal 2: Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.

The project will increase drought preparedness by capturing and infiltrating both stormwater and urban runoff to drywells and incorporating pervious walkways, drought tolerant landscape, and a water -efficient irrigation system into the site design. It is expected that the project will capture approximately 228 ac-ft of stormwater per year that will recharge Central Basin.

Goal 3: Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.

The project will improve public health through the capture and infiltration of stormwater and urban runoff by diverting the runoff to BMPs. This will also reduce flood risks.

Additionally, the large medians will be converted to recreational areas that the community can enjoy, to include park space, benches and picnic tables, walkways/jogging paths, exercise equipment, and education signage. Furthermore, the project will help the community mitigate and adapt to the effects of climate change by planting over 270,000 sf of landscaping, including drought tolerant vegetation and over 300 trees, thereby

increasing shade and green space, reducing heat island effect, increasing carbon reduction/sequestration, and improving air quality.

Goal 4: Leverage other funding sources to maximize SCW Program Goals.

Other funds that have been leveraged include funding through the California Urban Greening Grant Program, Proposition 50 Clean Beaches Program, and Proposition 1 Stormwater Implementation Grant Program.

Goal 5: Invest in infrastructure that provides multiple benefits.

See responses to Goals 1, 2, and 3.

Goal 6: Prioritize Nature-Based Solutions.

The project will incorporate bioswales and revegetation using drought tolerant plants and native trees. Over 270,000 sf of landscaping and 300 trees will be planted.

Goal 7: Provide a spectrum of project sizes from neighborhood to regional scales.

This is a regional project.

Goal 8: Encourage innovation and adoption of new technologies and practices.

The project will incorporate drywells and water-wise landscaping and irrigation practices.

Goal 9: Provide DAC Benefits, including Regional Program infrastructure investments, not <110% of the ratio of the DAC population to the total population in each Watershed Area.

This project will provide new recreational and educational opportunities to DAC in East Los Angeles in an area that is currently an unused public right-of-way.

Goal 10: Provide Regional Program infrastructure funds benefitting each Municipality in proportion to the funds generated within their jurisdiction, after accounting for allocation of the 110% return to DACs, to the extent feasible.

This is achieved through funding by the Regional Program.

Goal 11: Implement an iterative planning and evaluation process to ensure adaptive management.

Implementation of the project will allow for an iterative planning and evaluation process, especially for O&M procedures and also incorporating the knowledge and experience to future similar projects.

Goal 12: Promote green jobs and career pathways.

The project requires a skilled workforce to ensure proper design, installation, operations and maintenance, and recordkeeping/reporting of all project components.

Goal 13: Ensure ongoing operations and maintenance for Projects.

The project will require ongoing operations and maintenance, including routine inspections to identify any necessary repair issues and maintenance of the BMPs. This will be overseen by the County of Los Angeles.

Qualitative Targets and Corresponding Metrics

Targets 1-3:

Annual volume of stormwater captured and 1) treated, 2) reused, or 3) recharged to a managed aquifer.

232 ac-ft of stormwater will be captured and infiltrated in an average rainfall year. The infiltrated water will recharge Central Basin.

Target 4: Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.

See response to Goal 3 above.

Target 5: Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best). If none, discuss considerations explored and reasons to not include.

This assessment will be provided in the Annual Progress/Expenditure Report. However, an NBS classification of "Better" or "Best" will likely be achieved.

Target 6: Annual expenditure providing DAC Benefits. If none, discuss considerations explored and reasons to not include.

This assessment will be provided in a future Annual Progress/Expenditure Report.

If applicable: Status of Institute for Sustainable Infrastructure (ISI) Verification

Not applicable as the project has not yet been implemented.

SCW Program Annual Plan 2023-2024: Description of Programs

PROGRAM 1: Stormwater and Urban Runoff Monitoring and Reporting

BUDGET: $121,978

DESCRIPTION: This program is implemented to assess the City's compliance with water quality requirements and measure/improve the effectiveness of implementation of the Municipal NPDES, WMP, and SCW
Programs. In terms of monitoring, this includes implementation of receiving water monitoring, outfall monitoring, and outfall screening under the Coordinated Integrated Monitoring Program. In terms of reporting, this includes the preparation of SCW Program Annual Plans and Expenditure Reports, NPDES Individual Annual Reports and Watershed Annual Reports, WMP Adaptive Management
Reports, WMP updates, TMDL Compliance Reports, and Reports of Waste Discharge.

Discussion of SCW Program Goals Achieved

Goal 1: Improve water quality and contribute to attainment of water -quality requirements.

The program is implemented to evaluate water quality and the City's progress toward attaining water quality requirements. The program is utilized to inform decision-making in the interest of improving water quality.

Goal 2: Implement an iterative planning and evaluation process to ensure adaptive management.

The program is iterative as monitoring and reporting is conducted (and required) on an established, regular basis, ensuring that implemented pollutant controls are routinely assessed, improved, and adaptively managed.

Goal 3: Promote green jobs and career pathways.

The program requires a skilled workforce to conduct monitoring and compile, assess, and summarize water quality data.

Qualitative Targets and Corresponding Metrics

Targets 1-3: Annual volume of stormwater captured and 1) treated, 2) reused, or 3) recharged to a managed aquifer.

Not applicable as this is a monitoring and reporting program.

Target 4: Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.

Not applicable as this is a monitoring and reporting program.

Target 5: Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best). If none, discuss considerations explored and reasons to not include.

Not applicable as this is a monitoring and reporting program.

Target 6: Annual expenditure providing DAC Benefits. If none, discuss considerations explored and reasons to not include.

Not applicable as this is a monitoring and reporting program.

SCW Program Annual Plan 2023-2024: Description of Programs

PROGRAM 2: Water Quality Programs Administration and Coordination

BUDGET: $30,000

DESCRIPTION: This program is to administer the City's surface water quality programs, including the Safe Clean Water (SCW) Program, Watershed Management Program (WMP), and the Municipal
NPDES Program. Tasks include overseeing and assuring quality of planning, funding, and implementation activities, holding and participating in interagency program meetings, providing program summary reports and technical assistance, preparing comment letters, and engaging with program stakeholders.

Discussion of SCW Program Goals Achieved

Goal 1: Improve water quality and contribute to attainment of water -quality requirements.

This program is to, in part, administer the City's SCW Program, which includes the achievement of SCW Program goals. This program also includes administering the WMP and Municipal NPDES Program, which both support this particular goal.

Goal 2: Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.

See response to Goal 1.

Goal 3: Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.

This program is to, in part, administer the City's SCW Program, which includes the achievement of SCW Program goals.

Goal 4: Leverage other funding sources to maximize SCW Program Goals.

See response to Goal 3.

Goal 5: Invest in infrastructure that provides multiple benefits.

See response to Goal 3.

Goal 6: Prioritize Nature-Based Solutions.

See response to Goal 3.

Goal 7: Provide a spectrum of project sizes from neighborhood to regional scales.

This program is to, in part, administer the City's SCW Program, which includes the achievement of SCW Program goals. This program also includes administering the WMP, which supports this particular goal.

Goal 8: Encourage innovation and adoption of new technologies and practices.

See response to Goal 3.

Goal 9: Invest in independent scientific research.

See response to Goal 3.

Goal 10: Provide DAC Benefits, including Regional Program infrastructure investments, not <110% of the ratio of the DAC population to the total population in each Watershed Area.

See response to Goal 3.

Goal 11: Provide Regional Program infrastructure funds benefitting each Municipality in proportion to the funds generated within their jurisdiction, after accounting for allocation of the 110% return to DACs, to the extent feasible.

See response to Goal 3.

Goal 12: Implement an iterative planning and evaluation process to ensure adaptive management.

See response to Goal 7.

Goal 13: Ensure ongoing operations and maintenance for Projects.

See response to Goal 1.

Goal 14: Ensure ongoing operations and maintenance for Projects.

See response to Goal 1.

Qualitative Targets and Corresponding Metrics
Project and program specific targets will be included in individual SCW funding requests for those projects.

ITEM # 10

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: APPROVE LETTER OF ENGAGEMENT TO MASTER RETAINER AGREEMENT NO. 4000 WITH KOA CORPORATION FOR THE DESIGN
OF THE TRAFFIC SIGNAL AT WHITTIER BOULEVARD AND 6TH
STREET

DATE: March 27, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve a Letter of Engagement to Master Retainer Agreement No. 4000 between the City of Montebello and KOA Corporation for the design of a traffic signal at Whittier Boulevard and 6th Street for a not-to-exceed amount of $128,852; and

2. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $128,852 in Account No. 210-30-300-6040.96 (Proposition A, Public Works, Administration, Contract Services Engineering Design Services); and

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

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

FISCAL IMPACT:

KOA Corporation (KOA) executed Master Retainer Agreement No. 4000 with the City, whereby the total aggregate sum of all engagement letters executed under the agreement shall not exceed $2,000,0000. The City solicited a cost proposal from KOA for the design of a traffic signal at the intersection of Whittier Boulevard and 6th Street.

KOA provided a cost proposal for the amount of $128,852.

This cost proposal will be partially funded through a fair share contribution from the Cesar Chavez Foundation. The Cesar Chavez Foundation’s fair share contribution of $300,000 is to be used towards a new traffic signal at the intersection of Whittier Boulevard and 6th

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

Street pursuant to Section 2.10 of the Purchase, Sale, and Affordable Housing Development Agreement No. 4075. Funds were deposited in an escrow account per agreement instructions and to be released to the City at closing.

A budget amendment is needed to increase appropriations by $128,852 in Account No. 210-30-300-6040.96 (Proposition A, Public Works, Administration, Contract Services Engineering Design Services).

BACKGROUND/DISCUSSION:

The City Council approved a mixed-use project at the November 10, 2021 meeting. City Council approved a 132-unit project with one three-story and two four-story buildings on a 1.5 acre site along the southern portion of Whittier Boulevard between 5 th and 6 th streets and along half of the eastern side of 6 th Street between Whittier Boulevard and Los Angeles Avenue.

The Cesar Chavez Foundation broke ground on a high-quality affordable housing project in 2023. This affordable housing community includes supportive units for survivors of domestic violence, in partnership with the Downtown Women’s Center which is a Los Angeles-based nonprofit serving and empowering currently and formerly homeless women. A condition of approval for the housing projec included a fair share contribution towards the design and construction of a traffic signal at the intersection of Whittier Boulevard and 6th Street.

KOA is one of the City’s bench list consultants highly qualified in the design of traffic signals. A complete set of plans, contract specifications and engineer’s estimate (PS&E) is scheduled for delivery by September 2, 2024. Soon thereafter, staff shall seek City Council authorization to solicit construction bids. The following is a tentative timeline of the project:

Tasks Timeline
Commence Design March 2024
Complete Design September 2024
City Council authorization to
Solicit Bids
September 25, 2024
Open Construction Bids November 6, 2024
City Council award construction
contract
November 27, 2024
Commence Construction April/May 2025*
Complete Construction August/September 2025
* Fabrication of steel traffic signal poles is approximately 5 months

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Upon approval of the recommended actions, staff will execute the contract agreement with KOA Corporation and coordinate the completion of the Project. In addition, the recommended actions will amend the FY 2023-24 budget by increasing appropriations by $128,852 in Account No. 210-30-300-6040.96 (Proposition A, Public Works, Administration, Contract Services Engineering Design Services).

ATTACHMENT(S)

1. Attachment A - Letter of Engagement

NEXT STEPS:

N/A

ENGAGEMENT LETTER
FOR

CONSULTANT SERVICES
PROJECT/SERVICES: Design Of The Traffic Signal At Whittier Boulevard And 6th Street MASTER RETAINER AGREEMENT NO. 4000
TASK NO. 06
The purpose of this Engagement Letter is to allow the City of Montebello (the “City”) to engage KOA Corporation (the “Consultant”) to provide Engineering Services for Whittier Boulevard and 6th Street Traffic Signal (the “Services” or “Project”) pursuant to those terms and conditions outlined in the draft Master Retainer Agreement (Agreement No. 4000) approved by the City Council on June 22, 2022, in the manner set forth in Exhibit A, “Scope of Services” of this Engagement Letter.

The Scope of Services to be completed pursuant to this Engagement Letter is set forth in Exhibit A, attached hereto. The cost for performing the services under this Engagement Letter shall be billed hourly for a total not -to-exceed fee of One Hundred Twenty -Eight T housand, Eight Hundred and Fifty -Two Dollars ($128,852), without prior written approval by the City. The charges and hourly rates shall not exceed those stated and in effect when the draft Master Retainer Agreement was approved on June 22, 2022 and as stated in the fee schedule attached hereto as Exhibit B.

Consultant acknowledges and agrees that the personnel assigned to this Project, as set forth in Exhibit A shall not be substituted unless prior written authorization is given by the City’s Director of Public Works (the “Director”). Pursuant to Government C ode 87300, et seq., Consultant has provided (for submittal to the City Clerk), a California Fair Political Practices Commission Statement of Economic Interest- Form 700 for each of each of its staff assigned to the Project.

By signing and returning this Engagement Letter, the authorized agent of the Consultant agrees to the provisions stated herein. The engagement of the Consultant for the services stated herein shall occur upon the execution of this letter by the Consultant and the Director pending issuance of a “Notice to Proceed.”

ATTACHMENT A

THE CITY OF MONTEBELLO KOA
(the “City”) (the “Consultant”)

By: _________________________ By: _________________________ Raul Alvarez, City Manager

ATTACHMENTS:

1. Exhibit A – Scope of Services

2. Exhibit B – Fee Schedule

Whittier Blvd & 6th St TS Page 1
City of Montebello X00022999
1100 Corporate Center Drive, Suite 201, Monterey Park, CA 91754 T: (323) 260-4703 | F: (323) 260-4705 | www.koacorp.c om

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY March 6, 2024
C
esar Roldan
City of Montebello
1600 W. Beverly Boulevard
Montebello, CA 90640
Su
bject: Engineering Services Proposal for Whittier Boulevard and 6 th Street Traffic Signal D
ear Cesar:

KOA Corporation (KOA) is pleased to submit the enclosed proposal to provide engineering services for the proposed traffic signal at the intersection of Whittier Boulevard and 6 th Street in the City of Montebello. The engineering services i
nclude preparation of plans, specifications, and cost estimates. The scope of work is provided below for your review, followed by a fee estimate. Let us know if you have any questions or comments regarding this letter proposal.

SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT
Our Project Management services will include, but not be limited to:
• P
rovide and perform all regular and customary project management services needed to facilitate a successful completion of the project.
• Attend a virtual kick-off meeting with the City Project Manager and key staff to review the project deliverables and the City’s requirements.
• Attend up to three (3) design submittal meetings at the 60%, 90%, and 100% design stages. • Maintain communication with the City’s Project Manager throughout the duration of the project including design package status, meeting agendas and minutes, schedule updates, action items, etc. • Maintain the project schedule, update it regularly to reflect any significant changes in the project and keep the City informed of these changes.
• Coordinate with the City’s Project Manager to resolve project related issues in a timely manner. Potential comple x
i
ssues will be brought to the attention of the City’s Project Manager as soon as possible. • Project design review.
• Management of sub-consultants and project design budget.

Task 1 Deliverables:
 Agenda and minutes for each meeting.
 U pdated schedule (upon request).
 Monthly invoices and progress reports.

TASK 2 – PRELIMINARY ENGINEERING

RECORDS RESEARCH
K
OA will work with the City to obtain record drawings and documents relevant to the work site. Record drawings and documents can include, but are not limited to existing improvement plans, topographic maps, centerline ties, corner records, as-built plans, utility plans, etc. We will send our request for record drawings and documents through the City’s Project Manager.

EXHIBIT A

Whittier Blvd & 6 th St TS Page 2
City of Montebello X00022999

ADA COMPLIANCE ASSESSMENT
KOA will perform an ADA compliance assessment of th e four (4) existing curb ramps at the intersection of Whittier Boulevard and 6 th Street. Our engineers will verify existing dimensi ons/grades with a smart level and measuring tape. W e will document our findings and inform the City of a ll deficiencies.

TOPOGRAPHIC SURVEY
KDM Meridian, Inc. (KDM) will provide a design leve l topographic ground survey (including centerline a nd right-of-way) at the intersection of Whittier Boulevard and 6 th Street.

UTILITY RESEARCH, NOTIFICATIONS, AND MAPPING
KOA will obtain a list from the City of utility com panies known to own and operate facilities in the C ity of Montebello. KOA will send an email with our standard utility respon se form, and a map of the project site to all relev ant utility companies.

We will request information from them including rec ord drawings of their facilities, prior rights info rmation, and any planned upgrades expected in the near future. Utili ty responses will be logged and information regardi ng existing facilities will be shown on our plans. In some cases, the util ity owner may require a request presented on City l etterhead. We will coordinate these situations, if needed, with the Ci ty’s Project Manager. KOA will provide the City’s P roject Manager with a utility response list and maps/data received when a ll utility companies have responded. KOA will compi le all as-builts received from the utility agencies and develop a ut ility base map that will be referenced in the proje ct plans.

FIELD REVIEW AND SITE EVALUATION
Upon receipt of the topographic survey and any avai lable as-built records from the City, we will visit the project site to verify and document existing conditions. We will in vestigate and verify existing roadway geometry, uti lity manholes/valves, signing and striping, traffic signals, power poles, cabinets, fire hydrants, etc. We will document our field review with field notes and photos.

BASE PLAN PREPARATION
Upon completion of our field review we will prepare accurate base plans. The base plan will show exist ing centerlines, curb, gutter, right-of-way, curb ramps, driveways, pavement delineations, pavement markings, roadside signs, traffic signal equipment, pull boxes, utility manholes/valves, and all other information that was documented during o ur field review.

Task 2 Deliverables:
 ADA compliance assessment.
 Topographic survey.
 Utility as-built records and agency response list.
 Field notes and site photos.
 Base plans.

Whittier Blvd & 6 th St TS Page 3
City of Montebello X00022999
TASK 3 – FINAL DESIGN
After the completion of our field review and base p lans, we will move forward in preparing the 60% sub mittal package.

Submittals will be made to the City at the 60%, 90% , and 100% stages. The submittal package will incl ude:

Description No. of
Sheets
Title Sheet 1
General & Construction Notes & Details 1
Street Improvement Plans (20-scale plan w/ 5-scale curb ramp details) 1 Traffic Signal Plan (20-scale) 1
TOTAL 4

STREET IMPROVEMENTS
KOA will prepare a street improvement plan to accom modate the design of four curb ramps at the interse ction of Whittier Boulevard and 6 th Street. The street improvement plan will be prepar ed at a scale of 1”=20’ and will include pertinent horizontal layout, construction notes, and applicab le details, including 1”=5’ curb ramp details. The curb ramp details will include a horizontal layout and proposed elevations and slopes. Plans will be prepared in accordance w ith the latest editions of the Standard Plans for Public Works Con struction (SPPWC).

TRAFFIC SIGNAL
KOA will prepare a traffic signal plan for the new traffic signal at the intersection of Whittier Boul evard and 6 th Street. The traffic signal plan will be prepared at 1”=20’ scal e and will show centerlines, right of way lines, re levant existing and proposed street improvements, utilities of record, and existing traffic controls and improvements. The design plans will also include recommended signal phasing, vehicle de tection system, proposed installation signal equipm ent, and all notes, schedules, and other features required to complete the traffic signal plan. All traffic signal poles a nd foundations will be designed using per the Caltrans Standard Plans. The design of non-standard poles and foundations is no t included in the scope of work. Submit plans at the 60%, 90%, and 10 0% design stages and respond to the City plan check comments.

Note: We are anticipating minor signing and striping imp rovement at this intersection i.e. removal of stop signs and pavement markings, proposed limit lines, and possib le crosswalk re-alignment. We will show these minor improvements on the traffic signal plans.

SPECIFICATIONS
KOA will prepare the technical specifications using the City boilerplate and the Standard Specificatio ns for Public Works Construction (SSPWC) and Caltrans Standard Specific ations.

COST ESTIMATES
KOA will prepare and submit a cost estimate with ea ch plan submittal to the Client. KOA will apply mar ket construction costs for each bid item to the quantities measured using a combination of available sources including Caltrans published data, recent bid prices from other local projects, and any other data provided for our use. We will up date the cost estimates based on the refinement of the quantities throughout the project.

Whittier Blvd & 6th St TS Page 4
City of Montebello X00022999

TRAFFIC SIGNAL TIMING
KOA will prepare traffic signal timing sheets in the City-required format to accommodate the new traffic signal at the intersection of Whittier Boulevard and 6 th Street. The signal timing will be designed in accordance with the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) standards and City of Montebello requirements. Note:

Synchronization or coordination with adjacent traffic signals, additional data collection, and Synchro analysis is excluded from the scope of work.

UTILITY POTHOLING
T2ue will provide potholing (x-trench) at up to eigh t (8) locations for confirmation/identification of subsurface utilities as shown in the diagram below.

SOUTHERN CALIFORNIA EDISON COORDINATION
KOA will coordinate with Southern California Edison (SCE) for the removal of the existing and installation of a new service pedestal. We will prepare and submit the Customer Information Sheet, Design Option Letter, load calculations, and any other required forms to SCE with the traffic signal design.

Task 3 Deliverables:
• 60%, 90%, & 100% plan and cost estimate submittals.
• 90% & 100% specifications submittals.
• Traffic signal timing.
• Utility potholing results.
• Approved SCE design plan.

TASK 4 – CONSTRUCTION SUPPORT
Following the submittal of the final plans, specifications, and estimate, KOA will be available to the Client for:
• Attendance at pre-bid meeting, responding to bidders’ questions, and preparing addenda as necessary • Attendance at pre-construction meeting, job-site meetings, and field visits during construction . • Review of shop drawings, submittals, and change orders. • Response to Requests for Information (RFI).
• Minor design changes during construction.

Note: Hours will be limited to what is shown in the fee schedule.

Whittier Blvd & 6 th St TS Page 5
City of Montebello X00022999

RECORD DRAWINGS
After construction has been completed, KOA will pre pare record drawings based on redlines provided by the Contractor and/or the Client’s Construction Manager. As-builts will be submitted on mylars as requested by the Cl ient. Field verification of proposed improvements is excluded f rom our scope of work.

Task 4 Deliverables:
 RFI & submittal log matrix and responses.
 Applicable design revisions.
 Record drawings.

ITEMS TO BE PROVIDED BY CITY
We have assumed the City will be providing the foll owing to KOA:

• All applicable as-builts including, but not limited to street improvements, signing & striping, adjace nt traffic signal plans and timing sheets (Whittier Blvd./5 th St. and Whittier Blvd./Montebello Blvd., street/pe destrian lighting, utilities (storm drain, sewer, water, gas , etc.), etc. • Plans and relevant information for any planned proj ects at the project intersection or Whittier Boulev ard corridor. • Conditions of approval, traffic study, and traffic signal warrant analysis for the 6 th Street Family Apartments Project (Cesar Chavez Foundation).
• Sample traffic signal plans with title block, gener al notes, etc. (preferably in CAD format). • Boilerplate specifications.
• Preference on equipment i.e. controller cabinet, co ntroller, video detection system, etc.

Whittier Blvd & 6th St TS Page 6
City of Montebello X00022999

FEE ESTIMATE
KOA will perform the work specified in the scope above based on the time and materials fee not to exceed $ 128,852.00 as shown below:

The budget is based upon the work scope and level of effort presented above and includes the cost of all related technical and administrative services. The work scope is considered complete upon submittal of a final document by KOA. Any additional services requested after study submittal will be considered as extra work and those fees will be negotiated prior to start of work and secured in writing.

If the work described within this letter is not authorized in 30 days, if changes occur in the work scope or level of effort, or if our work is suspended for more than 180 days due to any circumstances beyond KOA’s control, we reserve the right to revise the work scope, budget and schedule to reflect current conditions. Such revisions will be effected through mutually agreed upon amendments or modifications to this agreement.

The proposal is valid for 30 days and is subject to a 5% annual adjustment. Also, any individual tasks that are not authorized within 30 days of the date of this proposal are also subject to fee adjustments.

EXHIBIT B

Whittier Blvd & 6 th St TS Page 7
City of Montebello X00022999

TERMS AND CONDITIONS
If any additional services and or change/modificati ons to Consultant’s scope of services are proposed by Client, KOA shall, upon receipt of such written change or modification , determine the impact on both time and compensatio n and notify Client in writing. Upon agreement between Client a nd KOA as to the extent of said impacts to time and compensation, an amendment to this agreement shall be prepared descr ibing such changes. Execution of the amendment by Client and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

STAFFING
Mr. Giuseppe Canzonieri will be the Project Manager and the person to contact regarding the status of this project. He can be reached at (323) 859-3155 or via email at gcanzo [email protected]. KOA reserves the right to chan ge the assigned staffing on this project if necessary.

INVOICING
Invoices will be submitted monthly, based upon our estimated percentage of completion. Accounts are p ast due after 30 days. All work will be immediately stopped if any invoice is unpaid for 60 days or more, and such del inquent invoice payments may be subject to a late payment penalty o f 1.5 percent per month and/or turned over to a col lections agency at our discretion.

ATTORNEY’S FEES
In the event that legal action is necessary to enfo rce the payment terms of this agreement, KOA shall be entitled to collect from the client any judgment or settlement sums due plus reasonable attorney’s fees, court costs and o ther expenses incurred by KOA for such collection action and, in addition, the reasonable value of the KOA’s time an d expenses spent for such collection action, computed according to the K OA’s prevailing fee schedule and expense policies.

STANDARD OF CARE
The standard of care applicable to KOA’s scope of s ervices shall be the degree of skill and care norma lly employed by professionals engaged to perform services similar t o the services required herein at the same time and in the same geographic area as the performance of services here under and on projects similar in size and scope.

SAFETY
KOA is only responsible for the health and safety a nd the training of its employees and those individu als it is legally responsible for.

OPINION OF PROBABLE PROJECT COST AND CONSTRUCTION COST
Since KOA has no control over the cost of labor, ma terials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices, or ove r competitive bidding or market conditions, KOA’s o pinions of probable Project Cost and Construction Cost provide d for herein are to be made on the basis of KOA’s e xperience and qualifications and represent its best judgment as a n experienced and qualified professional engineer, familiar with the construction industry; but KOA cannot and does not guarantee that proposals, bids or actual Project or Construction Cost will not vary from opinions of probable cost prepar ed by KOA. However, KOA represents that it will u se reasonable engineering care and judgment commonly exercised by an engineer in the same or similar circumstances i n making and transmitting such cost estimates to the Client.

Whittier Blvd & 6 th St TS Page 8
City of Montebello X00022999

TERMINATION
The Client or KOA may terminate this agreement by g iving the other party seven days written notice of such termination.

KOA shall receive fee payments from the Client prop ortionate to the services completed as of the date of termination. The Client will be entitled to receive deliverables at the level of completion relative to the fee payment s received by KOA. All outstanding valid invoices shall be paid to KOA. Th e client shall within thirty (30) calendar days of termination pay KOA for all services rendered and all costs incurred up to the date of termination, in accordance with the com pensation provisions of this contract.

CONSEQUENTIAL DAMAGES
Notwithstanding any other provision of the Agreemen t, neither party shall be liable to the other for a ny consequential damages incurred due to the fault of the other part y, regardless of the nature of this fault or whethe r it was committed by the Client or KOA, their employees, agents, subcons ultants or subcontractors. Consequential damages i nclude, but are not limited to, loss of use and loss of profit.

DISPUTE RESOLUTION
Any claim, dispute or other matter in question aris ing out of or related to this Agreement shall be su bject to mediation as a condition precedent to arbitration or the institu tion of legal or equitable proceedings by either pa rty. The Client and KOA shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in a ccordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effec t. Request for mediation shall be filed in writing with the other party to this Agreement. The parties shall share the mediat or’s fee and any filing fees equally. The mediatio n shall be held in the place where the project is located, unless another location is mutually agreed upon. Agreements reach ed in mediation shall be enforceable as settlement agreements in an y court having jurisdiction thereof.

LIMITATION OF LIABILITY
In recognition of the relative risks and benefits o f the project to both the Client and the Consultant , the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of KOA to the Client and to all of Client’s other consultants, construction con tractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims e xpenses from any cause or causes, so that the total aggregate liability of KOA to all those named shall not exceed $50,000, KOA’s total fee for services rendered on this proj ect, whichever is greater. Such claims and causes include, but are n ot limited to negligence, professional errors or om issions, strict liability, breach of contractor warranty.

INSURANCE
KOA is fully able to meet the insurance requirement s of projects of this type. The firm has coverage in the following areas:

Professional Liability, Automobile Liability, Gener al Liability, and cybersecurity. Our Worker’s Comp ensation coverage meets the insurance requirements of California Stat e law.

WORK SCHEDULE
KOA will work with the City on a schedule that is m utually agreeable. KOA is not responsible for delay s caused by factors beyond KOA’s reasonable control, including but not limited to delays because of strikes, lockouts, wor k slowdowns or stoppages, accidents, acts of God, failure of any g overnmental or other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or approve or disapprove of the KOA’s services or work product promptly, or delays caused by faulty performance by the Client or by other consultants or contractors of any level. When

Whittier Blvd & 6 th St TS Page 9
City of Montebello X00022999
such delays beyond KOA’s reasonable control occur, the Client agrees the KOA is not responsible for da mages, nor shall KOA be deemed to be in default of this Agreement.

GOVERNING LAW
The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement s hall be brought in the courts of that State.

AUTHORIZATION
A professional service agreement shall be prepared and executed prior to work.

Sincerely,
KOA | A Lochner Company

Giuseppe Canzonieri, PE
Principal | Director of Engineering

Whittier Blvd & 6 th St TS Page 10
City of Montebello X00022999

ATTACHMENT A

SUB-CONSULTANT PROPOSALS

March 1, 2024

949-768-0731 ● 1340 Reynolds Avenue, Suite 110, Irvine, CA 92614 ● www.KDMMeridian.com Giuseppe Canzonieri, PE
KOA | A Lochner Company KDM P2403-01v1
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754

Subject: Topographic Survey
Whittier & 6th - Montebello
Dear Giuseppe,
KDM Meridian appreciates this opportunity to provide KOA | A Lochner Company with this proposal for survey work . The following is our project understanding & approach, scope of work, notes - assumptions-exclusions, estimated schedule, and fees.

Scope of Work

1. Research to compile record centerline and ROW.

2. Field survey intersection + 50’ (Optional survey along Whittier for planimetric information (curb - in) to next crosswalk.

3. AutoCAD drawing file and surface of intersection + 50’ (Optional planimetric linework) Estimated Schedule
Field work can typically be scheduled within seven business days of notice-to-proceed depending on current workload. Survey report and associated files will be delivered within five-ten business days after field work has been completed.

Fixed Fees
Intersection + 50’: $ 6,000
Intersection + 50’ and Planimetric on Whittier: $ 8,000

Thank you for this opportunity to provide surveying services to KOA | A Lochner Company. Please contact our office if you have any questions.

Sincerely,

Richard Maher, PLS
President

T2 Utility Engineers

5622 Research Dr.

Suite A
Huntington Beach, CA 92649
USA
Phone 714.487.5780
Fax 714.893.1369
Email [email protected]

www.T2ue.com

March 5, 2024

Giuseppe Canzonieri, PE
Principal | Director of Engineering
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754
D (323) 859-3155 | C (323) 365-2354
[email protected]

RE: City of Montebello
West Whittier Boulevard and North 6
th Street
Traffic Signal Clearing Hole
T2ue Proposal No.: 24CA060

Mr. Canzonieri,

Thank you for requesting that T2 UES, Inc., dba T2 Utility Engineers (T2ue) prepare a cost proposal fo r subsurface utility investigation services, includin g testholes and clearing holes for KOA Corporation (Client).

Project Scope

The project scope consists of one (1) task; eight (8) clearing holes for proposed traffic signals.

Task: Clearing Holes: Scope will include providing clearing hole service s at eight (8) locations to determine if there are any substructure conflicts f or a proposed traffic signal pole installation. In order to save time, minimize disruption, and keep the soil v olumes low, T2ue will excavate a “pilot” hole of approximately 12-inches in diameter and extend four (4) “incisions” 90 degrees apart to cover the desired total clearing hole diameter (per plan). See below for a diagram.

NOTE: All clearing hole work will be performed on a n hourly “Best Effort Basis”. If adverse soil conditions are encountered, Hydro-Vac methodology maybe required (additional service).

As an alternate to the Clearing Holes, T2ue can perform eight (8) Potholes and electronic clearing (designating) at each traffic signal location.

Assumptions

• Project is subject to Prevailing Wage requirements .
• Project is NOT subject to a Project Labor Agreement. • T2ue shall apply for a NO FEE encroachment permit with the City of Montebello. • All work shall be completed during regular weekday business hours, Monday thru Friday. • T2ue will notify USA a minimum 72 hours prior to w ork. • Traffic Control Plans are NOT required.
• Traffic Control shall be done per the WATCH Manual , T2ue to provide. • Estimate assumes two (2) clearing holes (13-ft and 6-ft deep) completed per day. • Clearing holes are less than 13-ft in depth and wi ll be backfilled with native material, if possible. • Native materials are free from contamination.
• Surface restoration will be cold patch asphalt or native materials, based on clearing hole location. • USA removals are NOT required.
• T2ue will be responsible for designating and pre-m arking clearing hole locations. • Client will be responsible for surveying completed testhole locations. • Testholes will be marked with a nail/disk by T2ue for surveying by the Client.

Client to Provide:

It is assumed that T2ue will be provided with the following:
• All available record drawings showing underground utilities within project area. • All available ACAD files for the project.

Deliverables

T2ue will provide a “Testhole Data Sheet” or “Dip S heet” for each testhole or clearing hole completed.

The testhole form will include swing ties from existing visible features to the testhole location, depth to top of utility from existing grade, material of and size of utility, if found. The horizontal position of the utility will be marked with a nail/disk or stake for accurate identification during field survey.

Schedule

T2ue will coordinate schedules with Client following Notice to Proceed.

Fee

The unit rates and effort are described in the attached project estimate. The total project price may vary due to unknown field conditions; however only the a ctual units and hours worked will be invoiced. T2ue proposes to provide these services for the following estimated fee:

Task Fee Alternate Task Fee
Clearing Holes (Qty 8) $ 17,720 Potholes (Qty 8) $ 9,360 Professional Services $ 1,405 Professional Services $ 1,405 Permits and Traffic Control $ 5,000 Permits and Traffic Control $ 5,000 Total $ 24,125 Total $ 15,765

If Certified Payroll Reports are required after project completion, a flat fee of $1,200 will be invoiced.

Terms & Conditions

Terms and Conditions will be reviewed and agreed upon following project award.

Limitations
T2u
e does not guarantee that all documented or undocumented existing utilities will be designated by geophysical prospecting or located by test holes. Services provided by T2ue does not relieve the construction excavator from notifying the appropriate entities including but not limited to Dig Alert.

Guarantee
T2u
e guarantees the workmanship restoration of a test hole for a period of up to two (2) years after the date of completion of each test hole. If the test hole fails during that period due to workmanship, T2ue will repair the damage at no cost to the Client.

Acceptance
We
will honor this proposal for 90 days. If accepted, please sign below and return this letter to my attention.

T2ue looks forward to the opportunity to work with KOA Corporation on this project. We are confident these services will benefit the continued design and construction efforts on the proposed project.

Please contact me with any questions.

Sincerely,
T2
Utility Engineers, Inc.

Art
hur Glen Robison, PE
Senior Project Manager
Date Accepted: _________________
Company: _____________________
Signature: _____________________
Print Name: ____________________
Title: __________________________
Director of Public Works
City of Montebello
Cesar Roldan
March 7, 2024

KOA Corporation
City of Montebello
Utility Investigation
Traffic Signal Clearing Holes
T2 Proposal No.: 24CA060

PROJECT ESTIMATE - PREVAILING WAGE
Clearing Holes
Vacuum Excavation Truck, Crew and Equipment 36 hours @ $465.00 per each $16,740.00 Utility Designating & USA Delineation 4 hours @ $245.00 per hour $980.00

Subtotal $17,720.00
Senior Project Manager 1 hours @ $215.00 per hour $215.00 SUE Manager 4 hours @ $145.00 per hour $580.00
Assistant Project Manager 2 hours @ $125.00 per hour $250.00 CAD Technician 3 hours @ $90.00 per hour $270.00
Administrative Support 1 hours @ $90.00 per hour $90.00 Subtotal $1,405.00
Permits* 1 each @ $0.00 per each $0.00
Traffic Control Plan Preparation 2 sheets @ $700.00 per sheet $1,400.00 Maintenance of Traffic Set-ups 4 days @ $900.00 per day $3,600.00 Hotpatch Asphalt or Sidewalk Panel Restoration* 0 days @ $6,000.00 plus 10% $0.00 Slurry Backfill, includes soil disposal 0 each @ $150.00 each $0.00 USA Removals 0 days @ $0.00 per day $0.00
Subtotal $5,000.00
TOTAL $24,125.00
*Estimated Cost, invoiced at actual cost plus 10%

March 5, 2024
Professional Services / Deliverable Production
Permit Compliance / Traffic Control Costs

KOA Corporation
City of Montebello
Utility Investigation
Traffic Signal Potholes & Designating
T2 Proposal No.: 24CA060

PROJECT ESTIMATE - PREVAILING WAGE
Potholes
Vacuum Excavation Truck, Crew and Equipment 8 each @ $925.00 per each $7,400.00 Utility Designating & USA Delineation 8 hours @ $245.00 per hour $1,960.00 Subtotal $9,360.00
Senior Project Manager 1 hours @ $215.00 per hour $215.00 SUE Manager 4 hours @ $145.00 per hour $580.00
Assistant Project Manager 2 hours @ $125.00 per hour $250.00 CAD Technician 3 hours @ $90.00 per hour $270.00
Administrative Support 1 hours @ $90.00 per hour $90.00 Subtotal $1,405.00
Permits* 1 each @ $0.00 per each $0.00
Traffic Control Plan Preparation 2 sheets @ $700.00 per sheet $1,400.00 Maintenance of Traffic Set-ups 4 days @ $900.00 per day $3,600.00 Hotpatch Asphalt or Sidewalk Panel Restoration* 0 days @ $6,000.00 plus 10% $0.00 Slurry Backfill, includes soil disposal 0 each @ $150.00 each $0.00 USA Removals 0 days @ $0.00 per day $0.00
Subtotal $5,000.00
TOTAL $15,765.00
*Estimated Cost, invoiced at actual cost plus 10%
March 5, 2024
Professional Services / Deliverable Production
Permit Compliance / Traffic Control Costs

ITEM # 11

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: APPROVAL TO SUBMIT FUNDING APPLICATION TO THE LOS

ANGELES METROPOLITAN TRANSPORTATION AUTHORITY AND

THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION

FOR THE STATE ACTIVE TRANSPORTATION PROGRAM (ATP)
CYCLE 7

DATE: March 27, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize the City Manager or his designee to submit the State Active Transportation Program (ATP) Cycle 7 application; and

2. Authorize the City Manager to sign and execute all applicable documents associated with the grant submittal process; and

3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $500,000 in Account No. 200-30-310-6040.96 (Gas Tax, Public Works, Streets, Contract Services Engineering Design Services); and,

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

FISCAL IMPACT:

The engineer’s estimate for the project is $3,750,000. The State does not require a funding match for Active Transportation Program (ATP); however, the State does encourage leveraging additional funds for a project. Leveraged funds are a financial commitment toward the cost of a project from a different funding source. Staff recommends leveraging $500,000 from the Gas Tax Fund as a commitment to the project. Funds committed to the project include design and construction management and inspection oversight services. Therefore, a budget amendment to increase appropriations by $500,000 is required in Account No. 200-30-310-6040.96 (Gas Tax, Public Works, Streets, Contract Services Engineering Design Services).

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

BACKGROUND/DISCUSSION:

The Active Transportation Program (ATP) was created by Senate Bill 99 and Assembly Bill 101 to encourage increased use of active modes of transportation, such as biking and walking. Senate Bill 1 directs additional funding from the Road Maintenance and Rehabilitation Account (RMRA) to the Active Transportation Program. Along with the program’s overall purpose of encouraging walking and biking, the program aims to increase the share of walking and biking trips, increase safety and mobility for non- motorized users, help regional agencies achieve greenhouse gas reduction goals, enhance public health, ensure that disadvantaged communities fully share in program benefits, and provide a broad spectrum of projects to benefit many types of active transportation users.

The purpose of the ATP is to encourage increased use of active modes of transportation, such as biking and walking. Goals include the following:
• Increase the proportion of trips accomplished by biking and walking. • Increase the safety and mobility of non-motorized users. • Advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction goals as established pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008) and Senate Bill 391 (Chapter 585, Statutes of 2009).
• Enhance public health, including reduction of childhood obesity through the use of programs including, but not limited to, projects eligible for Safe Routes to School Program funding.
• Ensure that disadvantaged communities fully share in the benefits of the program. • Provide a broad spectrum of projects to benefit many types of active transportation users.

Staff proposes to submit an application that focuses on the following:
• Construction of traffic signal improvements at Via Campo and Findlay Avenue
o Findlay Avenue provides north-south connectivity and can serve as an alternative to bicycling along Garfield Avenue. The recommended facility for Findlay Avenue is to install a bike boulevard.
o Bicycle boulevards use signs, pavement markings, and speed and volume management measures to discourage through trips by motor vehicles and create safe, convenient bicycle crossings of busy arterial streets. Bicycle boulevard connects with Metro’s Bicycle Master Plan and the City’s draft Bicycle Master Plan.
• Complete Street corridors along Via Campo from Gerhart Avenue to Garfield Avenue
o Pedestrian Enhancements
o Sidewalk improvements along bicycle boulevards
o Bulbouts (safety for pedestrians and ADA)
o Zebra/Continental Crosswalks
o Pedestrian Scale Lighting

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

o Wayfinding signs along bicycle and pedestrian networks to designated destinations
o Plant Street Trees
o Benches
o Trash Receptacles
• Intersection improvements at Arroyo Drive and Neil Armstrong Street o Improvements include solar-powered flashing beacons at the intersection.

The proposed infrastructure enhancements improve the coordination of safe travel needs of older adults, persons with disabilities, school children, cyclists and low-income individuals. The proposed plan establishes priorities that focus on safe pedestrian and bicycle travel which interfaces with Metro’s and the City’s active transportation network.

The project will create a connected active transportation system throughout the City and zero-in on a complete streets program.

The project focuses the City’s requirement to enhance ADA accessibility and improve pedestrian safety that complies with Complete Streets requirements. The integration of designated bicycle lanes will conform to the proposed Bicycle Master Plan. The City’s proposed project has the necessary beneficial impacts that support active transportation within the community. The due date to submit the completed application is June 17, 2024.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council approve submission of the funding application to the Los Angeles Metropolitan Transportation Authority and the State of California Department of Transportation State Active Transportation Program (ATP), authorize the City Manager and Staff to execute the necessary documentation, and approve amending the Fiscal Year 2023-24 budget by increasing appropriations by $500,000 in Account No. 200-30-310-6040.96 (Gas Tax, Public Works, Streets, Contract Services Engineering Design Services).

ATTACHMENT(S)
None
NEXT STEPS:

N/A

ITEM # 12

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: APPROVE SUBMISSION OF AN ENERGY EFFICIENCY AND

CONSERVATION BLOCK GRANT FUNDING APPLICATION VOUCHER

TO THE DEPARTMENT OF ENERGY TO OBTAIN TECHNICAL

SUPPORT TO PERFORM AN ENERGY EFFICIENCY AUDIT

DATE: March 27, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize the City Manager or his designee to submit an Energy Efficiency and Conservation Block Grant funding application to the Department of Energy; and

2. Authorize the City Manager to sign all applicable documents; and

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

The City is slated to receive $121,520 for technical assistance services based on population from the Department of Energy (DOE). Staff requests authorization from the City Council to submit the completed application before the April 30, 2024 due date for local governments. Once a notice of award from the DOE is provided, Staff will return to the City Council to appropriate the grant funding.

BACKGROUND/DISCUSSION:

The Federal Government has goals for state and local governments to implement high- impact, self-sustaining clean energy projects that center the needs of low-income and Disadvantaged Communities. The Department of Energy (DOE) introduced the Energy Efficiency and Conservation Block Grant (EECBG) in an effort to entice public, non- profits, and other governmental entities to advance these goals and build clean energy economies that focus on achieving net-zero emissions by 2050.

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

The City has two options with respect to this process: one being a grant application and the other a voucher. The first option is to submit an Energy Efficiency and Conservation Block Grant (EECBG) Program Formula Application and receive funds as a grant to utilize on the energy efficiency audit. The second option is that, in lieu of a grant, the City can opt-in and apply for a voucher, which covers a suite of technical assistance services.

Staff recommends the second option because it is particularly beneficial due to limited staff resources and small award amount ($121,520). This option becomes more manageable with respect to administrative reporting requirements.

The voucher provides the City with technical assistance for the following:

• Policy, Planning and Program Design
• Building Retrofits Planning and Design
• Engineering and Modeling
• Community and Stakeholder Engagement
• Program Administration and Implementation Support

There is only one application period. All applicants must submit a Pre-Award Information Sheet and application by April 30, 2024 to be considered for funding. Staff recommends submission of the voucher application by the deadline in order to obtain funds.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council approve submission of the funding application to the Department of Energy (DOE) for energy efficiency and authorize the City Manager to sign all applicable documents for the execution of the application.

ATTACHMENT(S)

1. Attachment - A EECBG Program Local Govt. Allocations

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1 FINAL ALLOCATION OF FUNDS
Office of State and Community Energy Programs (SCEP)
U.S. Department of Energy (DOE)
ATTACHMENT 1A: DOE FORMULA GRANT FUNDING ALLOCATIONS TO LOCAL GOVERNMENTS

FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM This document presents the final formula grant funding allocations by Local Government (Table 1a) for the EECBG Program - Sec. 40552(b) of the Infrastructure Investment and Jobs Act (IIJA) of 2021.

Table 1a. FINAL EECBG Program Formula Grant Funding Allocations to Local Governments Listed Alphabetically by State and Local Government
# State/Territory Entity Name Level of
Government Allocation
Total (Local Governments) $299,200,000
1 AK Aleutians East County $75,120
2 AK Fairbanks North Star County $77,080
3 AK Haines County $75,080
4 AK Kenai Peninsula County $76,770
5 AK Ketchikan Gateway County $75,180
6 AK Kodiak Island County $75,250
7 AK Matanuska-Susitna County $77,960
8 AK North Slope County $75,430
9 AK Northwest Arctic County $75,270
10 AK Petersburg County $75,120
11 AK Anchorage City $300,250
12 AK Bethel City $75,220
13 AK Fairbanks City $76,260
14 AK Juneau, City and Borough of City $76,130
15 AK Kenai City $75,270
16 AK Ketchikan City $75,300
17 AK Kodiak City $75,210
18 AK Palmer City $75,250
19 AK Sitka City $75,300
20 AK Wasilla City $75,390
21 AL Baldwin County $246,150
22 AL Calhoun County $79,030
23 AL Etowah County $78,540
24 AL Jefferson County $348,100
25 AL Lee County $78,040

ATTACHMENT - A

7 # State/Territory Entity Name Level of
Government Allocation
216 CA Livermore City $144,230
217 CA Lodi City $125,810
218 CA Lompoc City $76,480
219 CA Long Beach City $423,290
220 CA Los Angeles City $3,114,200
221 CA Los Banos City $76,450
222 CA Lynwood City $123,660
223 CA Madera City $124,630
224 CA Manhattan Beach City $76,300
225 CA Manteca City $135,340
226 CA Martinez City $76,300
227 CA Menifee City $146,570
228 CA Merced City $140,760
229 CA Milpitas City $137,730
230 CA Mission Viejo City $144,870
231 CA Modesto City $241,720
232 CA Monrovia City $76,310
233 CA Montclair City $76,320
234 CA Montebello City $121,520
235 CA Monterey Park City $121,150
236 CA Moorpark City $76,200
237 CA Moreno Valley City $226,600
238 CA Morgan Hill City $76,540
239 CA Mountain View City $148,010
240 CA Murrieta City $157,040
241 CA Napa City $134,780
242 CA National City City $117,750
243 CA Newark City $76,660
244 CA Newport Beach City $149,950
245 CA Norwalk City $149,530
246 CA Novato City $114,990
247 CA Oakland City $405,710
248 CA Oakley City $76,340
249 CA Oceanside City $201,650
250 CA Ontario City $218,330
251 CA Orange City $189,950
252 CA Oxnard City $224,240
253 CA Pacifica City $76,200

ITEM # 13

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director

SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSAL (RFP) NO. 24-16 TO

OBTAIN CONSULTANT SERVICES FOR ADMINISTRATION OF THE
SB 1383 LOCAL ASSISTANCE GRANT PROGRAM

DATE: March 27, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve issuing Request for Proposal (RFP) No. 24-16 to obtain services to oversee and implement the one-time State Department of Resources Recycling and Recovery SB 1383 Local Assistance Grant Program; and,

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

FISCAL IMPACT:

The Department of Resources Recycling and Recovery (CalRecycle) approved awards for the SB 1383 Local Assistance Grant Program, FY 2022-23. The City is the recipient of Grant Number OWR4, Grant ID 28007, which is meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statues of 2016. The Grant Award package is for the amount of $167,713.

Staff requests authorization from the City Council to solicit proposals from qualified firms to assist with implementation of the various regulations adopted by SB 1383. Once proposals are submitted and evaluated, Staff will return with a request to approve an agreement with the consultant selected, as well as amend the budget if necessary.

BACKGROUND/DISCUSSION:

The City adopted Resolution No. 16-17 allowing staff to apply and participate in one-time grant opportunities through the State Department of Resources Recycling and Recovery

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

(CalRecycle). The City is the recipient of a one-time SB 1383 grant that provides funding to assist with the implementation of regulation requirements associated with SB 1383 (organic waste recycling).

SB 1383 establishes statewide targets to reduce the amount of organic waste disposal in landfills (50% reduction by 2020 and 75% by 2025). It also sets a goal to recover at least 20% of edible food that is thrown away by 2025 by donating it to people in need. There are six main elements of SB 1383 regulations for the City to implement. The major components of SB 1383 are summarized below.

• Organics and Recycling Collection: One of the main requirements of SB 1383 is to ensure that all residents and businesses have access to recycling and organics collection services. Implementation of these services for residents has begun through collaboration with the waste haulers. SB 1383 requires specific colors for waste collection containers: trash containers must be grey or black, organics containers must be green, and recycling containers must be blue. All new containers must be clearly labeled with what does and does not go into them. • Contamination Monitoring : The regulations require waste audits to be conducted on collection routes regularly to determine evidence of contamination (recycling and organic waste not being sorted correctly). Contamination found in any of the carts requires recording, reporting and follow-up to educate customers and ensure proper sorting practices are in place.
o Additional Steps needed to Comply with SB 1383: The City will be working with the waste haulers to design a full contamination monitoring program to fulfill SB 1383 requirements.
• Education and Outreach . SB 1383 regulations requires outreach to educate residents, schools, businesses, and edible food generators on an annual basis.

The outreach must be translated into Spanish and English. o Additional Steps Needed to Comply with SB 1383: The City will need to review its outreach program to ensure education is targeted and assists in meeting the goals and objectives of the program.
• Capacity Planning. The City is required to collaborate with the County of Los Angeles and surrounding jurisdictions to determine the necessary organic waste recycling and edible food recovery capacity needed to divert organic waste and edible food from the landfill.
o Current status: The City and a third party consultant are working together on creating a food recovery network to assist with meeting the edible food diversion requirements.
o Additional Steps Needed to Comply with SB 1383: The City will work to ensure that all the organic waste that is collected is diverted away from landfills and composted.
• Procurement Requirements. Beginning January 1, 2022, the City must procure a certain quantity of recovered organic waste products annually. Jurisdictions can meet their target by procuring any combination of eligible recyclable content products such as compost, mulch, and renewable energy. The City is also required to purchase recycled-content paper.

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

o Current status: Amending applicable purchasing policies requires the purchase of recycled-content paper for City use. The City uses compost in parks and greenbelts each year, though it needs to monitor quantities per SB 1383 purchasing compliance targets.
o Additional Steps Needed to Comply with SB 1383: The City’s Implementation Plan will provide strategies for the City to meet its procurement quantities requirement.
• Edible Food Recovery .The City must identify edible food generators that are required to implement an edible food recovery program and connect them with a local food recovery organization. The City must also conduct annual outreach to edible food generators about their requirements under SB 1383 and perform annual inspections to ensure they have contracts in place with edible food recovery organizations and are keeping records of all recovered edible food. o Current status: The City has been working in partnership with several third-party entities to identify all the edible food generators that will be affected by SB 1383.
o Additional Steps Needed to Comply with SB 1383: Ongoing edible food recovery outreach and inspection programs will need to continue.

RFP No. 24-16 will be published (Attachment A) to solicit proposals from qualified consultants to provide appropriate services related to this program. The following is a tentative schedule:

RFP ISSUED March 28, 2024
REQUEST FOR INFORMATION DEADLINE: 11:00 AM April 18, 2024 RELEASE OF INFORMATION REQUESTED: 5:00 PM April 25, 2024 PROPOSAL DUE DATE/SUBMISSION DEADLINE: 11:00 AM May 2, 2024 TENTATIVE CITY COUNCIL AWARD DATE May 22, 2024
TENTATIVE NOTICE TO PROCEED START DATE May 27, 2024

City staff shall publish the RFP in the local newspaper of general circulation as well as PlanetBids. The RFP shall describe the service requested and provide the tasks required from the qualified vendor to submit a proposal. The time and location to submit proposals shall also be placed within the published RFP. The RFP shall be published for a minimum period of twenty-one (21) calendar days.

Once proposals are submitted, reviewed and scored, staff will return to the City Council with a recommendation to award an agreement.

ENVIRONMENTAL:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 27, 2024

ANALYSIS:

N/A

SUMMARY:

Staff recommend approve issuing Request for Proposal (RFP) No. 24-16 (Attachment A) to obtain services to oversee and implement the one-time State Department of Resources Recycling and Recovery SB 1383 Local Assistance Grant Program.

ATTACHMENT(S)

1. Attachment A - Request for Proposals No. 24-16

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1 CITY OF MONTEBELLO
Request for Proposals

RFP No. 24-16
Request for Proposal to Oversee and Implement
State Department of Resources Recycling and
Recovery SB 1383 Local Assistance Grant Program

Release Date: Thursday, March 28, 2024

Online Q&A Deadline: Thursday, April 18, 2024, at 11 a.m. PDT

Due Date: Thursday, May 2, 2024, at 11 a.m.

ATTACHMENT A

2 (THIS PAGE INTENTIONALLY LEFT BLANK)

TO PROSPECTIVE PROPOSERS

3 The City of Montebello (“City”) invites Bid submissions under this Request for Proposal (“RFP”). The City will evaluate responses to this solicitation to determine qualifications.

Submissions 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 Agreement based on the specifications outlined in this RFP.

DATE OF SOLICITATION
March 28, 2024

PROJECT
Request for Proposal to Oversee and Implement State Department of Resources Recycling and Recovery SB 1383 Local Assistance Grant Program

PROPOSAL OWNER/CONTACT
City of Montebello
Department of Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Cesar Roldan, Director of Public Works
Contact Phone: (323) 887-1462
Contact E-Mail: [email protected]

Any questions about this RF P should be submitted via the City's PlanetBids Portal by Thursday, April 18, 2024, at 11 a.m. PDT . Prospective contractors 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:

https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

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 6

5.0 Term of Service and Contract 7

6.0 Scope of Work 7-9

7.0 Proposal Submittal 9-10

8.0 Evaluation of Proposal 10-11

9.0 Protests Procedures 11-13

10.0 Execution of Agreement 13

11.0 Insurance 13

12.0 Non-Commitment of City 15

13.0 Labor Requirements 15-16

14.0 Records 16

15.0 Subconsultants 16

16.0 Modifications/Changes 16

17.0 Disclosure of Information 16-17

18.0 Ex-Parte Communications 17

19.0 City of Montebello Rights 17

5 1.0 Notice Inviting Proposals
Under invitation for Proposals (“RFP”), the City of Montebello on behalf of it s Public Works Department is soliciting Proposals f rom qualified consulting professionals experienced in managing and overseeing the one -time State Department of Resources Recycling and Recovery SB 1383 Local Assistance Grant Program . The City requires a well-managed and financially sound firm with demonstrated skills and technical ability - and a high level of customer service and satisfaction to perform the Services to fulfill the requirements outlined in RFP 24-16. Services performed in relation to this request must follow the specifications, terms, and conditions identified in RFP No. 24-16. Prospective respondents are advised to carefully 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 bidders must register with PlanetBids before being able to view or submit a response.

Questions must be submitted by Thursday, April 18, 2024, at 11 a.m. PDT.

*****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****

Proposals must be submitted via PlanetBids by Thursday, May 2, 2024, at 11 a.m.

PDT.

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

Any agreement entered pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required.

Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sec, or religion will also be required.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

6 The successful Con sultant and their subconsultants will be required to possess business licenses from the City.

The AGENCY reserves the right to accept or reject any or all proposals, to waive any irregularity in a proposal and to make an award as may serve the interests of the City.

2.0 Introduction
The City of Montebello (City) is seeking proposals from highly qualified consulting professionals experienced in managing and overseeing the one -time State Department of Resources Recycling and Recovery SB 1383 Local Assistance Grant Program.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded 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 March 28, 2024
• Online Q&A Deadline April 18, 2024, at 11 a.m.
• Deadline to Submit Responses May 2, 2024, at 11 a.m.
• City Review of Submissions May 2, 2024 to May 9, 2024 • Notifications Sent to Consultants May 13, 2024
• Award May 22, 2024

4.0 Purpose
The City is seeking a qualified consultant to oversee and manage this program . The consultant applying should have significant experience in providing this type of service. • The City reserves the right to delete specific task(s).

Task 1 – Program Management and Reporting
• Consultant will furnish all materials, equipment, labor, and services to oversee, manage and report to the City and CalRecycle all aspects associated with the implementation of SB 1383. Consultant must ensure that the work is performed in accordance with CalRecycle’s specifications.

Additional information may be obtained from CalRecycle’s website:
https://calrecycle.ca.gov/organics/slcp/owrlocalassistancegrant/

7 • Activities include though are not limited to preparation of CalRecycle related documents, reports, surveys, investigations, computation of quantities and other related activities necessary to ensure that the program meets CalRecycle’s standard requirements.

5.0 Term of Service and Contract
The service described in this RFP is for a period of approximately two (2) years or until the funds are exhausted and tasks completed in compliance with CalRecycle’s rules and regulations from the effective date, unless terminated earlier.

6.0 Scope of Work/Services
The City of Montebello, herein after referred to as “City” desires a contractor to provide the following services:

SB 1383 establishes statewide targets to reduce the amount of organic waste disposal in landfills (50% reduction by 2020 and 75% by 2025). It also sets a goal to recover at least 20% of edible food that is thrown away by 2025 by donating it to people in need.

There are six main elements of SB 1383 regulations for the City to implement. The major components or elements of SB 1383 are summarized below. • Organics and Recycling Collection. One of the main requirements of SB 1383 is to ensure that all residents and businesses have access to recycling and organics collection services. Implementation of these services for residents has begun through collaboration with the waste haulers. SB 1383 requires specific colors for waste collection containers: trash containers must be grey or black, organics containers must be green, and recycling containers must be blue. All new containers must be clearly labeled with what does and does not go into them.
• Contamination Monitoring : The regulations require waste audits to be conducted on collection routes regularly to determine evidence of contamination (recycling and organic waste not being sorted correctly). Contamination found in any of the carts requires recording, reporting and follow -up to educate customers and ensure proper sorting practices are in place.
o Additional Steps needed to Comply with SB 1383 : The City will be working with the waste haulers to design a full contamination monitoring program to fulfil SB 1383 requirements.
• Education and Outreach . SB 1383 regulations requires outreach to educate residents, schools, businesses, and edible food generators on an annual basis.

The outreach must be translated into Spanish and English.

8 o Additional Steps Needed to Comply with SB 1383: The City will need to review its outreach program to ensure the education is targeted and assists in meeting the goals and objectives of the program. • Capacity Planning . The City is required to collaborate with the County of Los Angeles and surrounding jurisdictions to determine the necessary organic waste recycling and edible food recovery capacity needed to divert organic waste and edible food from the landfill.
o Current status: The City and a third party consultant are working together on creating a food recovery network to assist with meeting the edible food diversion requirements.
o Additional Steps Needed to Comply with SB 1383: The City will work to ensure that all the organic waste that is collected is diverted away from landfills and composted.
• Procurement Requirements. Beginning January 1, 2022, the City must procure a certain quantity of recovered organic waste products annually. Jurisdictions can meet their target by procuring any combination of eligible recyclable content products such as compost, mulch, and renewable energy. The City is also required to purchase recycled-content paper.
o Current status : Amending applicable purchasing policies require the purchase of recycled-content paper for City use. The City uses compost in parks and greenbelts each year, though need to monitor quantities per SB 1383 purchasing compliance targets.
o Additional Steps Needed to Comply with SB 1383: The City’s Implementation Plan will provide strategies for the City to meet its procurement quantities requirement.
• Edible Food Recovery . The City must identify edible food generators that are required to implement an edible food recovery program and connect them with a local food recovery organization. The City must also conduct annual outreach to edible food generators about their requirements under SB 1383 and perform annual inspections to ensure they have contracts in place with edible food recovery organizations and are keeping records of all recovered edible food. o Current status: The City has been working in partnership with several third-party entities to identify all the edible food generators that will be affected by SB 1383.

9 o Additional Steps Needed to Comply with SB 1383: Ongoing edible food recovery outreach and inspection programs will need to continue.

7.0 Proposal submittal
All proposals shall include the following information and comply with the associated page limit restrictions. Note that 1 page includes the front side of an 8.5” x 11” sheet of paper and the cover does not constitute a page:

Cover Letter: Maximum 1 -page cover letter signed by an officer of the firm, binding the consultant to all of the commitments made in the submittal. The letter shall include name, address and phone number of the person authorized to represent the consultant and shall include the following Statement:

I HAVE READ, UNDERSTOOD, AND AGREED TO ALL STATEMENTS IN THIS

REQUEST FOR PROPOSAL AND ACKNOWLEDGE RECEIPT OF ALL

ADDENDUMS/AMENDMENTS AS WELL AS TO THE TERMS, CONDITIONS, AND ATTACHMENTS REFERENCED.

Consultant’s Background: Maximum 2-page background on the consultant and its area(s) of professional expertise relevant to this RFP. An additional 1 page may be included to highlight the background of each proposed subconsultant to be used by the consultant and the specific task(s) or functions the subconsultant will perform.

Qualifications and Experience of Consultant’s Personnel: Maximum 3-page summary of the relevant work experience, work history, training, education, and special certifications of the consultant’s personnel who will be performing the professional services contemplated under this RFP on the consultant’s behalf. Briefly discuss the Consultant team’s qualifications and experience with program s of similar magnitude and nature. Consultants shall provide identical information for all subconsultants performing any of the tasks or services contemplated under this RFP on the consultant’s behalf. The summary shall also include the office location of key personnel proposed to work on this contract. Relevant experience can include your company’s overall experience, experience with similar programs and the experience of individuals on your proposed team. Show how your experience relates to the demands of this program.

Proposed Personnel: Maximum 2-page resume for the program manager and 1-page resume for each of the other key personnel, including subconsultants, which will be performing the majority of the work on this program /contract. Resumes for corporate leadership should not be included unless said individuals will be performing substantial work on this program. The designated Program manager shall be the primary contact with the City during the contract period and shall function in that capacity while employed by the firm. In addition, the City must approve changes of personnel.

10 References: Each consultant must include at least 3 public agency references going back not more than five (5) years from the issuance of this RFP in which the consultant was engaged to perform tasks similar to those requested under this RFP. References should place an emphasis on past programs in which the personnel to be used by consultant for this program were deployed. The references should include the name, title and contract information of the public agency officer or employee responsible for overseeing the consultant’s work.

Fee Schedule/Cost Proposal: Maximum 1-page detailed cost estimate for performing specific Tasks identified in the RFP and a schedule of rates for each proposed personnel that may be tasked to complete the program. The Task-specific cost estimate shall include an estimate of the number of hours per staff member by proposed task and clearly identify and hourly rate schedule for proposed staff. The proposal shall include the compensation structure for performing specific services identified in Task 1. The proposal shall also include costs and expenses related to photocopying, postage, travel, etc. (i.e. Reimbursement expenses, if any).

To the extent that a proposal contemplates the use of the subconsultants to perform any one or more of the above-described tasks on the consultant’s behalf, the proposal shall include a List of Subconsultants identifying all subconsultants and state the fee for each subconsultant in the Fee Schedule under the appropriate Task under which the service will be provided. In so far as the proposer’s proposal contemplates an increase in compensation rates or charges prior to the completion of Task 1, and during the term of the portion of the PSA or any extension term the proposal shall clearly indicate when such increases will take effect and by how much.

The Fee Schedule/Cost Proposal shall be delivered in a separate sealed envelope which is plainly marked on the outside “CalRecycle SB 1383 Local Assistance Grant Program ” and addressed to the above-mentioned location. The envelope shall contain the name and address of the consultant clearly marked on the outside.

8.0 Evaluation of Proposal
The City will establish an evaluation committee to review and rate each proposal. The proposal evaluation process will be conducted using a multi -step method which will include the following steps:

A. Preliminary Proposal Review - The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review, and rate proposals based on the following:
i. Background and Personnel (15%)

ii. Qualifications as they relate to this Project (20%) a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work

11 e. Communication Skills

iii. Reputation for integrity and competence (15%)
a. Positive Reference Checks
b. Work Samples

iv. Proposed fees for services (50%)

The City of Montebello reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process. • The Public Works Department will review proposals, check references and develop a short list of firms which will be recommended for consideration. • Staff will review the short list, interview if necessary, and make a determination. • Upon composing the contract terms with the vendor, the contract will be scheduled for City Council review and approval.

The City reserves the right to reject any or all Proposals, amend the RFP, and to discontinue or re -open the process at any time. The City reserves the right to request and obtain, from one or more consulting firms, supplementary information as may be necessary for the City to analyze the proposal pursuant to contract selection criteria.

Upon completion of the evaluation phase, the City will select those contractors for interviews whose proposals and qualifications most closely conform to the requirements of this RFP. The contractor, by submitting a response to this RFP, waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFP, waives all right to protest or seek any legal remedies whatsoever regarding an aspect of this RFP. The City may choose to interview one or more firms responding to this RFP and may enter into more than one contract with multiple individuals or firms, if City determines that is the best way to address the full range of services needed under this RFP. The City reserves the right to award the contract to the proposal that represents the best overall value or the lowest bid, as determined by the City in its sole discretion.

9.0 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 must be followed:

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

12 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

or

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 reserves the right not to implement the proposed remedy but 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 delay ed 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 within ten (10) working days after receipt of a properly filed protest. The Director of Finance will respon d and include a response to each substantive issue raised in the protest.

13 After the exhaustion of administrative remedies, the protesting party will be 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 Contractors a fair review and shall have up to ten (10) working days to review the protest and render its decision.

10.0 Execution of Agreement
The resulting agreement (Appendix C) shall be signed by the successful Contractor 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 insurance 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. Please review this agreement and provide the City with a written statement of your firm's willingness to accept all terms of the agreement.

Please note that the City will require the selected firm to enter into a Maintenance Services Agreement with the City. The firm will be required to provide and maintain all of the insurances required by the agreement and a City business license. All insurances and related expenses shall be incorporated into the firm's proposal.

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

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

A. Commercial General Liability
Commercial General Liability (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, including premise -operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily 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.

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

14 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 autos, Code 8 (hired) and 9 (non -owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.

If an automobile is not necessary to perform services, the Firm must submit 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 liability 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 occurrence 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 than $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, employees, and agents" must be endorsed to the vendor’s general 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

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

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

In general, any contract deemed sole source, professional/professional services involve the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.

Contractors 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 approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

12.0 Non-Commitment of City
While the City intends to select a Con tractor 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
A. Background: All personnel engaged in the performance of this work shall be employees of the Contractors and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.

B. Health: All personnel engaged in the performance of this work shall be in good

16 health and free of contagious diseases. The Contractors shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Contractors allow the use of or presence of alcohol or drugs on the premises or in the building.

C. Non-Discrimination: The Contractors shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, 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.

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 Contractor to audit any performance aspect under this agreement.

15.0 Subconsultants
The Contractor shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted 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 must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

16.0 Modifications/Changes
Changes in the areas serviced 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. The 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 not 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

17 received by the Contractors shall be used exclusively in connection with the performance of services.

B. The Contractor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Contractor 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 the City about this RFP. This requirement includes any evaluation panel member except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.

This restriction does not prohibit contractors and their representatives from 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:

A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:

i. The proposal is incomplete, non -responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Contractors, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Contractors failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.

B. Reject 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. Accept all or any part of a bid proposal;

D. Cancel the entire RFP;

E. Issue subsequent RFPs; or

F. Waive any errors or informalities in any proposal to the extent law permits.

18 Please review:

Appendix A - Sample Professional Services Agreement

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”).

PROFESSIONAL SERVICES AGREEMENT NO.

c. The CONSULTANT shall be compensated for performa nce 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 statem ent 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 extensi ons upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contempla ted 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, c ompetently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, gener ally 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 sub ject to all CITY ordinances, rules and regulations, standard operati ng procedures, and the supervisory chain of command.

d. The CONSULTANT shall have the right to retain, s ubject to the CITY's approval, additional individuals, consultants or su bconsultants to assist in the completion of services as herein defined. Compensat ion 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 produ ct 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

PROFESSIONAL SERVICES AGREEMENT NO.

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

PROFESSIONAL SERVICES AGREEMENT NO.

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

PROFESSIONAL SERVICES AGREEMENT NO.

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.

PROFESSIONAL SERVICES AGREEMENT NO.

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

PROFESSIONAL SERVICES AGREEMENT NO.

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

PROFESSIONAL SERVICES AGREEMENT NO.

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:

PROFESSIONAL SERVICES AGREEMENT NO.

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.

PROFESSIONAL SERVICES AGREEMENT NO.

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.

PROFESSIONAL SERVICES AGREEMENT NO.

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 ]

PROFESSIONAL SERVICES AGREEMENT NO.

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

ITEM # 14
APPROVAL OF MINUTES: MARCH 7, 2024, SPECIAL CITY COUNCIL MEETING; MARCH 13, 2024, CITY COUNCIL MEETING

CITY OF MONTEBELLO

SPECIAL CITY COUNCIL MEETING AGENDA

MINUTES
THURSDAY, MARCH 7, 2024 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

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

Mayor Peralta called the meeting to order at 6:01 p.m.

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

City Treasurer Matanga was also present.

Councilmember Jimenez arrived at 6:11 p.m.

City Attorney Arnold Alvarez-Glasman, City Manager Raul Alvarez, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Kimberly Guillen, Finance Director Michael Solorza, Acting Director of Transportation John Soria, Risk Manager Gina Skibar, and Police Assistant Chief Kenneth Cabrera were present.

INVOCATION
Led by City Treasurer Matanga.

PLEDGE OF ALLEGIANCE
Led by Police Assistant Chief Cabrera.

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

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 DRAFT

March 7, 2024: City Council Meeting Minutes Page 2 of 2 your comments to the Mayor.

None.

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

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

1. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: Raul Alvarez
Employee Groups: Various City employee groups including but not limited to MPMA, MFMA, MMMA, MSA, MPOA, MCEA, MFA, MMPA, MEMA, SMART-TD, and unrepresented employees.

REGULAR SESSION – IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT
Mayor Peralta reconvened the meeting at 7:15 p.m.

All five members were present to discuss all Closed Session items. City Attorney Alvarez-Glasman provided the following report to City Council: Item No. 1, a briefing was provided to the City Council, no action was taken, and nothing to further to report.

REGULAR BUSINESS - NONE

CONSENT CALENDAR - NONE

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on March 13, 2024, at 6:00 p.m., which can be live-streamed at https://www.montebelloca.gov (Click on Live Stream).

Date and Posted: March 4, 2024, 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 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.

Kimberl
y Guillen, Senior Deputy City Clerk
Councilmember Torres motioned, seconded by Councilmember Tamayo to adjourn the meeting at 7:16 p.m.

THE MINUTES OF MARCH 7, 2024, ARE HEREBY APPROVED AND ADOPTED ON THIS 27TH DAY OF MARCH 2024.

DRAFT

CITY OF MONTEBELLO

REGULAR MEETING

MINUTES
WEDNESDAY, MARCH 13, 2024 AT 6:00 PM

TELECONFERENCE LOCATION FOR

MAYOR PRO TEM MELENDEZ

HILTON GARDEN INN DC

DOWNTOWN - FRONT LOBBY
815 14TH STREET NORTHWEST
WASHINGTON, DC 20005

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

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

Mayor Peralta called the meeting to order at 6:00 p.m.

ROLL CALL
Members present were Mayor Peralta, Councilmember Torres, and Councilmember Tamayo. Mayor Pro Tem Melendez participated in the Closed Session and was absent from the Regular Session of the Meeting. Councilmember Jimenez arrived at 6:07 p.m.

City Clerk Jimenez and Treasurer Matanga were also present.

City Attorney Arnold Alvarez-Glasman, City Manager Raul Alvarez, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Kimberly Guillen, Deputy City Clerk Nelly Ochoa, Police Chief Paul Espinosa, Acting Director of Transportation John Soria, and Department Directors Michael Solorza, Joseph Palombi, David Sosnowski were present.

ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Alvarez announced the Closed Session Items. He further stated that Item No. 1 would not be discussed.

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.

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March 13, 2024: City Council Meeting Minutes Page 2 of 8

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

Mayor Peralta recessed the meeting into Closed Session at 6:01 p.m. to consider the following Closed Session item:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4)
Initiation of litigation in one case

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure to litigation in one case

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

Mayor Peralta reconvened the meeting at 7:07 p.m.

Councilmember Tamayo, Councilmember Torres, and Mayor Peralta joined the Closed Session in person, and Mayor Pro Tem Melendez joined through Zoom. City Attorney Alvarez-Glasman provided the following report to City Council: Item No. 1 was not discussed. Item No. 2 City Council received a briefing of the item. It was decided that due to the recent conduct of Councilmember Jimenez, a matter has been referred to a City Special Counsel, Myrna Castañón, to commence an investigation related to her conduct vis-à-vis a member of the City Management Team. During this period, Councilmember Jimenez is directed to cease and desist from engaging in direct interaction with the City Manager and the City's Administrative Staff. For the protection of the City's Directors and City Staff, Councilmember Jimenez shall have access to City Hall and City Facilities only during working hours and only to engage with Directors with a prior appointment. In addition, all emails to the City Manager must be copied to the City Attorney. The point of contact for establishing meetings and other contacts within City Hall will be sent to Richie Moran, Senior Administrative Assistant. A protocol will be established to set regular meetings with the City Manager at regular meeting times in advance, which the City Manager and City Attorney will be present. Those meetings will be scheduled on a virtual platform and recorded.

Councilmember Jimenez is to be removed from all outside committees and assignments. Lastly, she is directed to be cognizant of the content posted on social media, sites, and platforms to avoid further harassing or hostile comments. Those restrictions are imposed on March 13, pending the investigation. The City Attorney's Office will also prepare a Notice to Councilmember Jimenez and work with special counsel to distribute said conditions.

INVOCATION

Led by City Clerk Jimenez.

PLEDGE OF ALLEGIANCE

Led by City Treasurer Matanga.

CORRECTIONS TO THE AGENDA - CITY MANAGER

City Attorney Alvarez-Glasman announced that Item No. 7 would be moved to a future meeting.

CEREMONIAL ITEMS/PRESENTATIONS

3. CITIZEN OF THE MONTH - FRANCEIS GARCIA CRUZ
Mayor Peralta presented the item.

4. YMCA YOUTH AND GOVERNMENT DELEGATION
Mayor Peralta invited the YMCA Youth and Government Delegation for a presentation.

5. WOMEN'S HISTORY MONTH
Mayor Peralta presented the item.

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March 13, 2024: City Council Meeting Minutes Page 3 of 8

6. NATIONAL DEVELOPMENT DISABILITIES MONTH
Mayor Peralta presented the item.

7. PRESENTATION BY LIEBERT CASSIDY WHITMORE RELATED TO HUMAN RESOURCE PROTOCOLS This item was moved to a future meeting.

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 twelve (12) 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.

Councilmember Jimenez left the meeting at 8:14 p.m.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

None.

PUBLIC HEARING

8. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2475 AMENDING CHAPTER 17.37 “HEAVY TRUCKING USES” AND CHAPTER 17.49 “BROWNFIELD OVERLAY DISTRICT” OF THE MONTEBELLO

MUNICIPAL CODE TO CLARIFY, SIMPLIFY AND SPECIFY THE CONDITIONS AND REQUIREMENTS FOR

ZONING COMPLIANCE OF HEAVY TRUCKING OPERATORS IN THE CITY OF MONTEBELLO AND IN THE

BROWNFIELD OVERLAY DISTRICT

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a First Reading and Introduction of Ordinance No. 2475 (Attachment “A”) amending Chapter

17.37 “Heavy Trucking Uses” and Chapter 17.49 “Brownfield Overlay District” of the Montebello Municipal Code to clarify, simplify and specify the conditions and requirements for zoning compliance of heavy trucking operators in the City of Montebello and in the Brownfield Overlay District specifically and finding that the code amendment is statutorily exempt under CEQA section 15301 (existing facilities) and 15061(B)(3) (common sense exemption); and

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

Director of Planning and Community Development Joseph Palombi presented the item.

Mayor Peralta opened the Public Hearing at 8:15 p.m.

There were four (4) speakers who spoke in support of the item.

Mayor Peralta closed the Public Hearing at 8:21 p.m.

Councilmember Torres commended the City Council for addressing the issue and rescinding the abatement letter the businesses received in 2023. He assured members of the public who were concerned about the toxic environments that DRAFT

March 13, 2024: City Council Meeting Minutes Page 4 of 8

the county would conduct quarterly audits of the area. He further thanked the City Staff and City Attorney for clarifying provisions in the local Ordinance.

Mayor Peralta also thanked the City Staff for investigating the complex issue, ensuring the preservation of jobs and businesses, and ensuring the area's environmental compliance.

City Manager Alvarez commended Director Palombi and staff for preparing the Ordinance and directly engaging with the community to resolve the concerns. Additionally, for successfully receiving a $600,000 technical grant from the U.S.

Environmental Protection Agency.

Councilmember Torres motioned, seconded by Counclilmember Tamayo, to approve the item; the motion passed by the following vote:

MOVED: Torres SECONDED: Tamayo APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez

REGULAR BUSINESS

9. REVIEW AND DISCUSS CITY COUNCIL AND SUCCESSOR AGENCY MEETING RULES OF CONDUCT

RECOMMENDATION: It is recommended that the City Council:

1. Review and discuss the City Council and Successor Agency meeting rules of conduct;

2. Provide direction to staff and City Attorney’s office regarding whether any updates or changes to the current rules of conduct are desired; and

3. Take other action as directed by the City Council.

Item No. 9. was tabled to a future meeting.

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.

Councilmember Tamayo motioned, seconded by Councilmember Torres, that Item No’s. 10-17, be approved; the motion passed by the following vote:

MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez

10. ADOPT RESOLUTION NO. 24-13 TO AUTHORIZE SUBMISSION OF AN APPLICATION FOR FISCAL YEAR 2024-25 TO THE METRO BUS OPERATIONS SUBCOMMITTEE FOR FEDERAL TRANSIT ADMINISTRATION SECTION 5307 - 15% DISCRETIONARY CAPITAL FUNDS AND 1% ASSOCIATED TRANSIT IMPROVEMENT FUNDS

RECOMMENDATION: It is recommended that the City Council:

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March 13, 2024: City Council Meeting Minutes Page 5 of 8

1. Adopt Resolution No. 24-13 to authorize submission of an application for Fiscal Year 2024-25 to the Metro Bus Operations Subcommittee for Federal Transit Administration Section 5307 - 15% Discretionary Capital Funds and 1% Associated Transit Improvement Funds; and

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

Councilmember Tamayo motioned, seconded by Councilmember Torres, to approve the item; the motion passed by the following vote:

MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez

11. ADOPT RESOLUTION NO. 24-12 AUTHORIZING SUBMITTAL OF AN APPLICATIONS TO THE FEDERAL

TRANSIT ADMINISTRATION FOR FUNDING TO PURCHASE ZERO-EMISSION BUSES UNDER THE LOW

OR NO EMISSION GRANT PROGRAM AND THE GRANTS FOR BUSES AND BUS FACILITIES PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-12 authorizing the City of Montebello to submit applications to the Federal Transit Administration (FTA) to receive funding for two (2) grant programs: (i) the Low or No Emission Grant Program (“Low-No Program”) in the amount of $10,500,000; and (ii) the Grants for Buses and Bus Facilities Program (“Bus and Bus Facilities Program”) in the amount of $10,500,000 (collectively, hereinafter the “Grants”); and

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

Councilmember Tamayo motioned, seconded by Councilmember Torres, to approve the item; the motion passed by the following vote:

MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez

12. APPROVE EXTENSION OF EXISTING RECRUITMENT INCENTIVES FOR QUALIFIED POLICE OFFICERS

AND POLICE DISPATCHERS

RECOMMENDATION: It is recommended that the City Council:

1. Approve extension of the existing recruitment incentives program for qualified Police Officers and Police Dispatchers and referral bonuses to current employees; and

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

Councilmember Tamayo motioned, seconded by Councilmember Torres, to approve the item; the motion passed by the following vote:

MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez

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