Montebello City Council
May 22, 2024

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, MAY 22, 2024 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL
Scarlet Peralta, Mayor
Salvador Melendez, Mayor Pro Tem
Angie M. Jimenez, Councilmember
Georgina Tamayo, Councilmember
David N. Torres, Councilmember

CITY MANAGER
Raul Alvarez

CITY TREASURER
David Matanga

CITY ATTORNEY
Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Acting Director of Transportation
Arlene Salazar
Fernando Pelaez
Paul Espinosa
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria

May 22, 2024: City Council Meeting Page 2 of 7

NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.

RULES OF DECORUM:

Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.

Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.

PUBLIC COMMENTS:

In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.

Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.

AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:

Agendas, Minutes, and Videos,

May 22, 2024: City Council Meeting Page 3 of 7

IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

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

1. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: Raul Alvarez
Labor group: Montebello Police Association

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: 602, 604, 608 and 610 Whittier Boulevard, Montebello, California Agency negotiators: Raul Alvarez, Joseph Palombi
Negotiating party: Weber Properties
Under negotiation: Price and terms of sale

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

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

4. NATIONAL BIKE MONTH
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

May 22, 2024: City Council Meeting Page 4 of 7

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.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS - NONE

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.

5. SECOND READING AND ADOPTION OF ORDINANCE NO. 2476 TO ADD CHAPTER 2.91 FOR ELECTRONIC

AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION (FPPC) CAMPAIGN

DISCLOSURE STATEMENTS

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a Second Reading and Adopt Ordinance No. 2476 (Attachment A) to add Chapter 2.91 for electronic and paperless filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements for all City of Montebello elected and appointed officials, City Council candidates, campaign committee, and designated City staff; and

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

6. APPROVE AWARD OF PROFESSIONAL SERVICES AGREEMENT NO. 4202 TO SOUTHERN CALIFORNIA PRECISION CONCRETE, INC. (DBA PRECISION CONCRETE CUTTING) FOR SIDEWALK INSPECTION

AND INVENTORY SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Award professional services agreement No. 4202 to Southern California Precision Concrete, Inc. (DBA Precision Concrete Cutting) for sidewalk inspection and inventory services for a not-to-exceed amount of $88,270; and

2. Authorize the City Manager to execute the professional services agreement.

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

7. APPROVE SOLICITATION OF PROPOSALS FROM EXISTING QUALIFIED AND ELIGIBLE CITY OF

MONTEBELLO FRANCHISED SOLID WASTE HAULERS FOR RESIDENTIAL SOLID WASTE AND

RECYCLING SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Authorize staff to publish a Request for Proposal to obtain residential Solid Waste and Recycling Services; and,

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

8. APPROVE SUBMISSION OF A FUNDING APPLICATION FOR THE SAFE STREETS AND ROADS FOR ALL (SS4A) PROGRAM

May 22, 2024: City Council Meeting Page 5 of 7

RECOMMENDATION: It is recommended that the City Council:

1. Authorize Staff to submit a funding application for the Safe Streets and Roads for All (SS4A) Program; and

2. Authorize the City Manager and/or the Director of Public Works to sign all applicable grant application documents; and

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

9. ACCEPTANCE OF GOLF COURSE RENOVATION PROJECT PHASE 1 (CP NO. 894-1) – NOTICE OF

COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1. Accept the Golf Course Renovation Project Phase 1 (CP No. 894-1) as completed by Los Angeles Engineering, Inc.; and,

2. Approve the final contract amount with Los Angeles Engineering, Inc. for the construction of the Project in the amount of $5,867,421 including change orders; and,

3. Approve the Final Total Project Budget (Attachment A); and,

4. Authorize the Senior Deputy City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar/Recorder; and,

5. Authorize the City Manager to release the retention payment due to Los Angeles Engineering, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and,

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

10. ADOPT RESOLUTION NO. 24-33 APPROVING THE ENGINEER’S REPORT FOR THE FISCAL YEAR 2024- 25 ANNUAL NATASHA LANE LANDSCAPE ASSESSMENT DISTRICT NO. 2005-1 AND SETTING A DATE

FOR THE PUBLIC HEARING

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-33 (Attachment A) approving the Fiscal Year 2024-25 Engineer’s Report (Attachment B) for the Annual Natasha Lane Landscape Assessment District No. 2005-1 and setting a date for the Public Hearing for the regular meeting scheduled on June 26, 2024 at 6:00 pm; and

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

11. ADOPT RESOLUTION NO. 24-32 APPROVING THE ENGINEER’S REPORT FOR THE FISCAL YEAR 2024- 25 ANNUAL NATASHA LANE SEWER AND STORM WATER PUMP STATION ASSESSMENT DISTRICT NO. 2005-2 AND SETTING A DATE FOR THE PUBLIC HEARING

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-32 (Attachment A) approving the Fiscal Year 2024-25 Engineer’s Report (Attachment B) for the Annual Natasha Lane Sewer and Storm Water Pump Station Assessment District No. 2005-2 and setting a date for the Public Hearing for the regular meeting scheduled on June 26, 2024 at 6:00 pm;

2. Review the draft engineer’s report and comment prior to acceptance; and

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

12. APPROVE LETTER OF ENGAGEMENT TO MASTER RETAINER AGREEMENT NO. 4000 WITH KOA FOR

ENGINEERING SERVICES FOR THE PLAZA DRIVE PAVEMENT REHABILITATION PROJECT

RECOMMENDATION: 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 for Engineering Services for the Plaza Drive Pavement Rehabilitation Project for a not-to- exceed amount of $109,782; and

May 22, 2024: City Council Meeting Page 6 of 7

2. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $109,782 in Account No. 215- 30-330-6040.96 (Proposition C, Public Works, Engineering, Contract Services Engineering Design Service); 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.

13. ADOPT RESOLUTION NO. 24-37 AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE STATE

OF CALIFORNIA NATURAL RESOURCES AGENCY CALIFORNIA MUSEUM GRANT PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Approve Resolution No. 24-37 authorizing the submission of an application for the State of California's Natural Resource Agency California Museum Grant Program; and

2. Authorize the City Manager and/or his designee to conduct all negotiations and execute and submit documents necessary for the completion of the awarded project; and

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

14. TREASURER'S REPORT FOR THE QUARTER ENDING MARCH 31, 2024

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending March 31, 2024 (Third Quarter of Fiscal Year 2023-24); and,

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

15. FISCAL YEAR 2024-25 CONFIRMATION OF ANNUAL TAX RATE FOR VOTER APPROVED INDEBTEDNESS

RECOMMENDATION: It is recommended that the City Council:

1. Review and adopt the attached Resolution establishing property tax override rates on voter approved indebtedness for retirement expenditures for the Fiscal Year 2024-25; and

2. Direct staff to forward the Resolution to the Los Angeles County Auditor Controller within the required time limit; and

3. Direct staff to take whatever additional actions necessary to ensure collection of the property tax override. and

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

16. APPROVAL OF MINUTES: MAY 8, 2024, CITY COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

1. Approve said Minutes as is.

17. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 24-35 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MAY 22, 2024

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-35 approving the Warrant Register dated May 22, 2024.

PUBLIC COMMENTS - CONTINUED

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

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

May 22, 2024: City Council Meeting Page 7 of 7

• Georgina Tamayo, Councilmember

• David N. Torres, Councilmember

• Salvador Melendez, Mayor Pro Tem

• Angie M. Jimenez, Councilmember

• Scarlet Peralta, Mayor

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on June 12, 2024, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, May 19, 2024, no later than 6:00 p.m.

Kimberly Guillen, Senior Deputy City Clerk

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

ITEM # 5

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Nelly Ochoa, Deputy City Clerk

SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2476 TO ADD CHAPTER 2.91 FOR ELECTRONIC AND PAPERLESS FILING OF

FAIR POLITICAL PRACTICES COMMISSION (FPPC) CAMPAIGN

DISCLOSURE STATEMENTS

DATE: May 22, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Conduct a Second Reading and Adopt Ordinance No. 2476 (Attachment A) to add Chapter 2.91 for electronic and paperless filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements for all City of Montebello elected and appointed officials, City Council candidates, campaign committee, and designated City staff; and

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

FISCAL IMPACT:

The contract amount for the NetFile system is $11,300 per year for up to five years. Funds will be included in the proposed Budget for Fiscal Year 2024-25. The FPPC requires a fee of $1,000 to register as an electronic filing agency. However, NetFile has agreed to pay this cost on behalf of the City. No budget amendment is needed for FY 2023-24.

BACKGROUND/DISCUSSION:

The City Clerk is the local filing officer for the City of Montebello and is responsible for receiving, reviewing, and storing campaign disclosure information, as well as making it accessible to the public. Currently, elected and appointed officials, City Council candidates, campaign committee, and designated City staff may file their statements in

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

hard copy form only, with an original signature per FPPC regulations.

To provide a more efficient process, the City will acquire NetFile. This electronic/paperless filing system accommodates online filing of several types of FPPC forms, including Form 460, 470, 496, 497, and meets the requirements of the California Secretary of State. In order for the City of Montebello to accept electronically filed statements, the City Council will need to adopt an ordinance (Attachment A) approving the use of an online or electronic filing system, which shall include the legislative finding that the online or electronic system will operate securely and effectively and will not unduly burden filers.

NetFile will also be utilized for electronic/paperless filing for all Statement of Economic Interest (Form 700) and ethics training for elected officials, staff, and appointed commissioners as identified in Government Code 87200 and the City's Conflict of Interest Code. Adoption of an ordinance is not required for the use of an electronic filing system for Form 700s or ethics training.

On May 8, 2024, the City Council unanimously approved the first reading of Ordinance No. 2476 to add Chapter 2.91 for electronic and paperless filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements.

ENVIRONMENTAL:

N/A

ANALYSIS:

The Political Reform Act recognizes campaigns that spend or raise more than $2,000 as "Controlled Committees." Under the Act, these committees are obligated to file detailed campaign finance statements, also known as Fair Political Practices Commission (FPPC) Form 460s.

Pursuant to Government Code Section 84615, local agencies may require electronic filing of FPPC disclosure statements. To increase efficiency and facilitate compliance with state law and FPPC regulations, the City looked to retain a system for the electronic filing of economic and financial disclosure statements for all required filers in the Montebello organization. In addition, to increase efficiency, electronic filing will eliminate the need for wet signatures and redaction of statements posted online and will automatically post a redacted version of each filing online upon submission of the electronic filing.

If approved, all committee filers will be required to submit their statutory filings through the automated system, and paper filings will no longer be accepted. However, to support the City's efforts toward diversity, equity, and inclusion, the City Clerk as the City's filing officer, will have the right to accept a paper filing in lieu of an electronic filing at the City Clerk's discretion under certain circumstances, and to accommodate an Americans with Disabilities Act (ADA) request. Examples of exceptions may include limited access to an electronic device or internet connection.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

In order for the City of Montebello to accept electronically filed statements, the City Council must adopt an ordinance (Attachment A) approving the use of an online or electronic filing system, which shall include the legislative finding that the online or electronic system will operate securely and effectively and will not unduly burden filers.

In terms of security, the NetFile system is a web-based, vendor-hosted application that utilizes "industry best practices" for securing data, using the same data encryption for online filings that is used by banks for online banking. NetFile stores and backs up data at two separate locations, creating the essential safety measures and redundancy that allow for the recovery of information in the event of an emergency or disaster.

Implementation of the NetFile system will promote transparency and convenience for committees, individuals, and the public. It provides 24-hour filing and viewing accessibility of campaign finance information from any computer, anywhere. In certain instances, the NetFile system will also increase the accuracy of filed campaign statements by prohibiting any filings that may have inadvertently omitted information required under the Political Reform Act. To ensure a smooth transition, NetFile and the City Clerk's Office will offer extensive training to all filers. There are currently 180 cities and 32 counties in California that are electronically filing Campaign Disclosure Statements through NetFile.

Statement of Economic Interests (Form 700)
The City Clerk is responsible for the annual filing of Form 700s by 87200 Filers (City Council, City Manager, City Attorney, City Treasurer, and Planning Commission) and designated City staff, boards, commissions, and consultants. Form 700s occasionally need amendments or are submitted incomplete or without appropriate schedules attached. With the transition to electronic filing of campaign disclosure statements, staff recommends all future reports and other documents filed on behalf of Statement of Economic Interest filers be filed electronically. The Form 700 electronic filing system incorporates an initial review process that alerts the filer of errors at the time they enter their information, thereby eliminating the need for the City Clerk to request amendments.

There are currently 249 cities and 51 counties in California using electronic filing systems for Form 700 filings.

Ethics Training
Assembly Bill 1234 (2006) requires local public officials to complete two hours of ethics training every two years. The ethics training is to educate public officials on ethical standards required of any individual who works in local government. In September 2023, the FPPC announced it would cease to offer free ethics training through its online website as of December 31, 2023, due to a lack of funding for this service from the legislature.

To meet the AB1234 requirement, the City has added this service to the NetFile agreement, allowing public officials identified in the City's Conflict of Interest Code and Code 87200 Filers to access the training on demand. Individuals required to take the ethics training will have access to the portal and e-file their certificate upon completion.

The NetFile system not only offers the AB1234 training, but it also electronically automates the entire process unlike the previous FPPC system which only offered the training portion and was a paper-based process.

The Form 700 and ethics training components of NetFile do not require an Ordinance and are simply an internal procedural change.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

SUMMARY:

Staff recommends that the City Council conduct a second reading and adopt Ordinance No. 2476 to add Chapter 2.91, "Electronic and Paperless filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements," to Title 2 "Administration and Personnel," of the Montebello Municipal Code.

ATTACHMENT(S)

1. Attachment A - Ordinance No. 2476 , Add Chapter 2.91 for Electronic and Paperless Filing of FPPC

2. Attachment B - Agr No. 4201, Netfile

NEXT STEPS:

N/A

ATTACHMENT A
ORDINANCE NO. 2476

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, ADDING CHAPTER 2.91, “ELECTRONIC

AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES

COMMISSION (FPPC) CAMPAIGN DISCLOSURE STATEMENTS TO
TITLE 2, “ADMINISTRATION AND PERSONNEL.” OF THE

MONTEBELLO MUNICIPAL CODE

WHEREAS, Government Code Section 84615 currently provides that a local agency may adopt an ordinance to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act (commencing with Section 84100 of the Government Code), except an elected officer, candidate, committee, or other person who receives contributions totaling less than $2,000 and who makes expenditures totaling less than $2,000 in a calendar year, to file those statements, reports, or other documents online or electronically with the local filing officer; and

WHEREAS, the City has entered into an agreement with NetFile, Inc., a vendor approved by the California Secretary of State, to provide an online electronic filing system ("System") for the California Fair Political Practices Commission (FPPC) campaign disclosure statements; and

WHEREAS,
the System will operate securely and effectively and will not unduly burden filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and (3) the System will be available free of charge to filers and to the public for viewing filings; and

WHEREAS, the City of Montebello desires to add Chapter 2. 91 "Electronic and Paperless filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements", to Title 2, "Administration and Personnel", of the Montebello Municipal Code to require and implement this electronic filing procedure.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY ORDAINS AS FOLLOWS:

SECTION 1. FINDINGS. The City Council of the City of Montebello finds and determines as follows:

ORDINANCE NO. 2476

A. California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, or committee required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk; and

B. the System will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data; and

C. the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and

D. the System will be available free of charge to filers and to the public for viewing filings.

SECTION 2. ADD CHAPTER 2.91 . The Montebello Municipal Code Title 2, is amended by adding Chapter 2.91 “Electronic and Paperless Filing of Fair Political Practice Commission (FPPC) Campaign Disclosure Statements” to read as follows:

CHAPTER 2.91

ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICE

COMMISSION (FPPC) CAMPAIGN DISCLOSURE STATEMENTS

2.91.010 Definitions

2.91.020 Electronic Filing of Campaign Disclosure Statements

2.91.010 – DEFINITIONS

For purposes of this Chapter, the following terms have the following meanings:

A. "Candidate" shall mean a candidate, as that phrase is defined in Section 82007 of the Government Code, as may be amended from time to time, for any City elective office for any general, special or recall election.

B. "Committee" has the meaning set forth in Section 82013 of the Government Code, as may be amended from time to time.

C. “Contribution” has the meaning set forth in Section 82015 of the Government Code, as may be amended from time to time.

D. “Electronic filing system” shall mean the electronic online filing and data storage system provided for by the City Clerk for campaign statements, reports, forms,

ORDINANCE NO. 2476

or other documents filed pursuant to Government Code Section 81000 et seq., as may be amended from time to time.

E. "Person" has the meaning set forth in Section 82047 of the Government Code, as may be amended from time to time.

F. "Statements" shall mean any statements, reports, forms, or other documents required by Government Code Title 9, Chapter 4 (Sections 84100 et seq.), as may be amended from time to time.

2.91.020 – ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS

A. Any elected officer, candidate, commission, committee, or other person required to file campaign disclosure statements, reports, forms or other documents required by Government Code Title 9, Chapter 4 (Campaign Disclosure) (Sections 84100 et seq.) shall file those statements, reports, or other documents online or electronically with the electronic filing system unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate, or committee or person receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year.

B. In any instance in which an original statement, report, or other document required by Government
Code Title 9, Chapter 4 (Campaign Disclosure) (Sections 84100 et seq.) must be filed with the California Secretary of State and a duplicate or copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.

C. The electronic filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.

D. The electronic filing system shall only accept a filing in standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code and that is compatible with the Secretary of State’s system for receiving an online or electronic filing.

E. The electronic filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code.

ORDINANCE NO. 2476

F. Any elected officer, candidate, committee or person who has electronically filed a statement required by Section 2.91.010(b) using the electronic filing system is not required to file a duplicate copy of that document in paper format with the City Clerk.

G. The City Clerk shall issue an electronic confirmation that notifies the filer that the statement was received, the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a statement filed online shall be the day that it is received by the City Clerk.

H. If the electronic filing system is not capable of accepting a statement due to technical difficulties, an elected officer, candidate, or committee or other person shall timely file that statement required by Section 2. 91.010(b) in paper format with the City Clerk, unless otherwise directed by the City Clerk.

I. The electronic filing system shall enable electronic filers to complete and submit statements or other filings free of charge.

J. The electronic filing system shall make all the data filed pursuant to Section

2.91.010(b) available on the City's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the City's webpage shall be redacted to remove the street name and building number of the persons or entity representatives listed or any bank account number required to be disclosed by the filer.

K. The City Clerk's office shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each statement filed on the electronic filing system pursuant to Section 2. 91.010(b), which shall serve as the official version of that record for purpose of audits and any other legal purpose.

L. The City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary by the City Clerk to implement this Chapter 2.91.

SECTION 3. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.

SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after approval by the City Council.

ORDINANCE NO. 2476

SECTION 5. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.

PASSED, APPROVED, AND ADOPTED 22ND DAY OF MAY 2024.

_______________________________
Scarlet Peralta, Mayor

ATTEST:

_______________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

_______________________________
Arnold M. Alvarez-Glasman, City Attorney

I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 8
th day of May 2024 and was adopted by the City Council of the City of Montebello at its meeting held on the 22nd day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
Christopher Jimenez, City Clerk

ATTACHMENT B

CITY OF MONTEBELLO

PROFESSIONAL SERVICES AGREEMENT NO. 4201

WITH NETFILE

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on May 22, 2024 (“Effective Date”), by and between the City of Montebello, a California municipal corporation ( the “CITY”) and Netfile ( 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 electronic and paperless filing services of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements for 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 Netfile services as set forth fully in the proposal, 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. 4201

c. The CONSULTANT shall be compensated for the performance 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”).

The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed for a total not -to-exceed $11,300. 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 five (5) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two ( 1), one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.

a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.

c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultant s to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultant s shall be the sole and exclusive responsibility of the CONSULTANT.

e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney - client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.

a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY , and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of

PROFESSIONAL SERVICES AGREEMENT NO. 4201

such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non- defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.

In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience. T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten ( 30) business days’ written notice to the CONSULTANT. Upon the

PROFESSIONAL SERVICES AGREEMENT NO. 4201

termination of this Agreement as provided herein, the CIT Y shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non - refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non - refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CIT Y with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT CONSULTANT.

a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees, or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.

b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

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

PROFESSIONAL SERVICES AGREEMENT NO. 4201

SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

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

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

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

PROFESSIONAL SERVICES AGREEMENT NO. 4201

SECTION 15. INSURANCE COVERAGE.

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

• Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products -completed operations, personal injury, and advertising injury, with limits no les s than $2 ,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

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

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

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

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

c. The CONTACTOR shall require each of its subconsultant s, 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 C ITY 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

PROFESSIONAL SERVICES AGREEMENT NO. 4201

cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

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

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

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

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

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

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

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

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

PROFESSIONAL SERVICES AGREEMENT NO. 4201

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

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

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

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

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

PROFESSIONAL SERVICES AGREEMENT NO. 4201

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

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

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

SECTION 21. MISCELLANEOUS.

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

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

c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

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

f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall

PROFESSIONAL SERVICES AGREEMENT NO. 4201

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

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – Administration
Attn: Kimberly Guillen, Senior Deputy City Clerk
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200 ext. 359
Email: [email protected]

If to Consultant: Netfile
Attn: Tom Diebert, Vice President
2707-A Aurora Rd.

Mariposa, CA 95338
(209) 742-4100
[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 verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The

PROFESSIONAL SERVICES AGREEMENT NO. 4201

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

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

SECTION 25. ENTIRE AGREEMENT.

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

[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. 4201

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO CONSULTANT NAME

Raul Alvarez, City Manager Tom Diebert, Vice President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A - Contractor’s Proposal
• Exhibit B – Scope of Work

EXHIBIT “A”

Contractor’s Proposal

2707‐A Aurora Ct
Mariposa, CA 95338
Phone (209) 742‐4100

SERVICE AGREEMENT
USER

INFORMATION

USER NAME
City of Montebello
USER NAME – BILL TO
SAME

ADDRESS
1600 W Beverly Blvd

ADDRESS
CITY
Montebello
STATE
CA
ZIP
90640

CITY STATE ZIP

PRIMARY CONTACT
Nelly Ochoa
PHONE #
(323) 887‐1200
AP CONTACT PO #
EMAIL
[email protected]
FAX AP EMAIL AP PHONE #
System Cost per
System
Form 700 E‐Filing & Admin System (140 filers) $3,100/year (includes multi‐system discount & conf special) Campaign E‐Filing & Admin System (all filers) $3,300/year (includes multi‐system discount & conf special) Ethics Training Add‐on (30 people) $1,400/year (includes multi‐system discount & conf special) Boards & Commissions (6 Boards & Commissions) $3,500/year (includes multi‐system & introductory discounts Total for all Systems: $11,300/year guaranteed up to 5 years System setup and start date: immediately Billing dates: Year 1 (7/1/24 – 6/30/25) NetFile to provide free service through 6/30/24 Year 2 (7/1/25 – 6/30/26) Billing is made on the 1st of July every year in Year 3 (7/1/26 – 6/30/27) advance of service year with net 30 days terms Year 4 (7/1/27 – 6/30/28) Year 5 (7/1/28 – 6/30/29)
Main Features of NetFile Systems
‐Hosted platform provided by NetFile ‐ Kiosk mode to view unredacted filings in User’s office ‐24/7/365 access for filers and public to use ‐ Unlimited support and training to User ‐Admin application to manage filers and filings ‐ E‐mail based support to filers ‐Filer application for filers to create and file filings ‐ Includes AB1234 Ethics Training & Tracking ‐Public viewing portal ‐ NetFile pays for initial FPPC Paperless application fee. ‐Automates Board/commission application process ‐ Auto creates Maddy Act Lists

AUTHORIZATION
U S E R A G R E E S T O P A Y N E T F I L E F O R S E R V I C E S I D E N T I F I E D I N ACCORDA NCE W ITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.

AGREEMENT TERM IS STARTING ON THE DATE IDENTIFIED ABOVE. YOU ACKNOWLEDGE RECEIPT AND AGREE TO THE TERMS AND CONDITIO N S OF THIS AGREEME N T AN D ACKNOWLEDGE THAT THE AGREEMENT IS NOT BINDING ON NETFILE UNTIL SIGNED BY BOTH PARTIES.

COMPANY
NetFile, Inc.

AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE

PRINT NAME PRINT NAME
Tom Diebert

TITLE TITLE
Vice President

DATE DATE
4/25/2024

Service Agreement Terms and Conditions

1. This Agreement provides to User a hosted electronic filing and administration system developed and maintained by NetFile. The system permits people authorized by User to electronically file their respective FPPC forms, take their required AB1234 Ethics training, and/or apply for a Board, Commission, or Committee. The FPPC forms that are electronically filed are dependent upon which system(s) that User agrees to pay for. If the User agrees to pay for the Form 700 E‐Filing System, their filers will be able to create and electronically file FPPC Form 700 statements. If the User agrees to pay for the Campaign E‐Filing System, their filers will be able to create and electronically file their Campaign Statements. If the User agrees to pay for the AB1234 Ethics Training system, their people will be able to take their required AB1234 Ethics Training. If the User agrees to pay for the Boards, Commissions, & Committees system, the User can utilize NetFile’s automated management system for the Users Boards, Commissions, and Committees. All systems are covered by NetFile’s unlimited support and training policy. All NetFile systems come with a public viewing portal that automatically displays FPPC filings online in redacted form and if applicable view all the User’s Boards, Commissions, and Committees. The Form 700 E‐filing system meets the requirements of AB 2062 for paperless filing in CA. The Campaign E‐Filing system meets the requirements of AB2452 for paperless filing in CA. The Campaign and Form 700 systems allow for paper filed documents to be stored as an unredacted document and uploaded (when redacted by User) to view on the public portal. NetFile pays for User's initial $1,000 FPPC Form 700 application fee.

2. It is the responsibility of NetFile to securely store User data and maintain backups using industry best practices. All data created by User or User’s filers is the property of the User. All applications and their source code are the property of NetFile. It is the responsibility of NetFile to provide secure and safe system access for both User and the User’s filers using industry best practices. NetFile’s systems are guaranteed to have 99% uptime. Any planned maintenance of NetFile systems will be communicated at least a week in advance.

3. NetFile warrants and represents that it is the owner of or has acquired the rights to use (including derivative rights) the software, technology or otherwise that is required to provide all related materials and services set forth in this Service Agreement, without violating any rights of any third party, and there is currently no actual or threatened suit by any such third party based on an alleged violation of such third‐party rights by NetFile.

4. NetFile further warrants that (i) the NetFile servers will be free of any Harmful Code (as defined below), and (ii) NetFile will not interfere with or disrupt User or the User’s filers use of the System. The term “Harmful Code” means any software code with the ability to damage, interfere with, or adversely affect computer programs, data files, or hardware without the consent or intent of the computer user. This definition includes, but is not limited to, self‐replacing and self‐propagating programming instructions commonly called “viruses,” “Trojan horses” and “worms.” NetFile agrees to implement reasonable procedures adequate to prevent any software, link or code provided to User hereunder from being contaminated with Harmful Code. If NetFile learns of or suspects the existence of any Harmful Code, NetFile will immediately notify User and make every effort to remove the Harmful Code.

5. NetFile shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers. NetFile shall provide equal opportunity for subcontractors to participate in subcontracting opportunities. NetFile understands and agrees that violation of this clause shall be considered a material breach of the Service Agreement and may result in Service Agreement termination.

6. Subject to the limitations set forth in Section 7 below, NetFile agrees to indemnify, protect, defend, and hold harmless the User, and its employees and filers from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney’s fees in providing a defense to any claim, arising from NetFile’s negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the performance of the Services by NetFile, its agents, subcontractors and/or assigns under this Service Agreement.

7. The maximum liability to the User by NetFile and its licensors, if any, under this Service Agreement, or arising out of any claim by the User related to NetFile’s services, products, equipment or software for direct damages, whether in contract, tort or otherwise, shall be limited to the total amount of fees received during the last 12 months by NetFile from the User hereunder up to the time the cause of action giving rise to such liability occurred. In no event shall NetFile or its licensors be liable to the User for any indirect, incidental, consequential, or special damages related to the use of NetFile’s services, products, equipment or software or NetFile’s failure to perform its obligations under this agreement, even if advised of the possibility of such damages, regardless of whether NetFile or its licensors are negligent. Provided, however, that for any peril or exposure insured against under the insurance required, the limits of liability to the User by NetFile shall not be less than the amount of applicable, valid, and collectible insurance set forth in this Agreement.

8. During the term of this Service Agreement, NetFile shall purchase and maintain in full force and effect, at no cost to User insurance policies with respect to employees assigned to the performance of services under this Service Agreement with coverage amounts as follows: Commercial General Liability Insurance of $2,000,000 each occurrence, $4,000,000 general aggregate, $1,000,000 personal injury; Cyber Liability Insurance ($2,000,000), Workers’ Compensation Insurance of ($1,000,000) policy limit Illness/Injury by disease, and ($1,000,000) for each Accident/Bodily Injury.

9. NetFile and its employees, agents and representatives will not, without the prior written consent of User in each instance, use in advertising, publicity or otherwise the name of User or any affiliate of User, or any officer or employee of User, nor any trade name, trademark, trade device, service mark, symbol or any abbreviation, agreement or simulation thereof owned by User or its affiliates, nor represent, directly or indirectly, that any product or service provided by NetFile has been approved or endorsed by User, nor refer to the existence of this Service Agreement in press releases, advertising or materials distributed to prospective customers. Notwithstanding the foregoing, NetFile may acknowledge, when asked, that the User is a NetFile client.

10. Either User or NetFile may terminate this Service Agreement without cause by giving the other Party written notice (“Notice of Termination”) which clearly expresses that Party’s intent to terminate the Agreement. Notice of Termination shall become effective no less than thirty (30) calendar days after a Party receives such notice. After either Party terminates the Agreement, NetFile shall discontinue further services as of the effective date of termination, and User shall pay NetFile for all Services satisfactorily performed up to such date. Upon termination, NetFile will provide a copy of all data created by User within 10 working days of effective termination date.

11. User accepts any and all liability resulting from the placement of documents scanned by the User that are made available on the Internet for public viewing through the services of NetFile.

In no event does NetFile accept liability created by any document scanned into the system by the User.

12. Except as otherwise indicated herein, this Agreement will commence on the start date and remain in effect throughout the Term as stated on the signature page. Upon expiration, this Agreement will automatically renew on a quarterly or annual basis unless User provides NetFile with written notice of its intent to cancel. Any extension will be billed in the same manner as set forth herein.

13. This Agreement shall be governed in accordance with the laws of the State of California, and the Parties submit to the jurisdiction of said state. This Agreement contains the entire agreement and understanding of the parties with respect to Service, Maintenance and Support. There are no representations, inducements, promises or agreements, oral or otherwise, not embodied herein or also embodied in any attached agreement. Any and all prior discussions, negotiations, commitments and understandings relating to Service, Maintenance or Support are merged herein.

EXHIBIT “B”

Scope of Work

Scope Description

The scope of this project consists of replacing the City of Montebello’s current paper -based systems for Campaign Disclosure Filings, Statement of Economic Interests Form 700 filings , and Boards, Commissions, and Committees application process . In addition, this project will automate the AB1234 Ethics Training for its people who are required to take the training course. The NetFile hosted system has 3 main applications (Public viewing portal, admin, and filer ) and covers all Campaign Disclosure filers, 140 Form 700 filers, 6 Boards, Commissions, and Committees and all their members, and 30 people who are required to take AB1234 Ethics training. All systems include unlimited training, support, and maintenance at no additional cost.

Scope Definition

The following scope of the project includes:

Campaign System Project Management
Initial Project Planning – 1 day
• Send over onboarding detailed information via e- mail

System Setup

• NetFile to send City ordinance and justification from another City – 1 day • City to create campaign ordinance to allow for electronic filing of campaign statements – depends on when City can get ordinance set for City Council approval (usually 30 to 60 days) • City to provide pdfs of all campaign filings for the last 2 years – depends on City (usually 1 week) • NetFile to upload above filings into admin system – 1 week • City to provide NetFile City letterhead – 1 day

Admin Training – initial (3 hours approx.) plus unlimited refresher training

• Adding filers
• Explain the system process for apply group deadlines to filers • Explain how filers tied to elections get displayed on the public portal • Detailed training in Communications (Comms) platform
• Explain how filers link to the admin system through the free filer application

Individual Filer Training – approximately 1 hour

• Filers using the free campaign filing system can request filer application training • This is optional for the filer
• Filer requests the training at the filer login screen • NetFile schedules an individual training session with filer via Teams or Zoom

Public Portal Set Up -1 week

Support:

• Monday to Friday during normal business hours from 9:00AM to 5:00PM PST. • Immediate (Admin only telephone based) and/or ticketed e- mail based support • Admin only telephone support response time: immediate during normal business hours

• E-mail based support response time for admin: within 1 working day • E-mailed based filer support time: immediate e -mail response sent indicating up to 3 working day response time AND telling filer how to request immediate help

SEI Form 700 System Project Management
Initial Project Planning – 1 day
• Send over onboarding detailed information via e-mail

System Setup

• NetFile to send City upload template to populate filers into the admin system – 1 day • City to fill out and send back upload template to NetFile – depends on City (usually 1 week) • NetFile to upload filers into system – 3 days
• NetFile to send City FPPC application to apply for electronic filing of the Form 700 – 1 day • City to send NetFile their conflict of interest code – depends on City (usually 1 week) • City to e-mail FPPC application to FPPC and cc NetFile on – depends on City (usually 1 week) • NetFile to Fedex $1,000 check to FPPC to pay for initial application fee – 1 day from above

Admin Training – initial (2 hours approx.) plus unlimited refresher training

• Adding filers/assuming office deadlines/leaving office deadlines • Explain the system process for apply group deadlines to filers • Detailed training in Communications (Comms) platform
• Explain how filers link to the admin system through the free filer application

Filer Training – not required

• City can request Zoom or Team based group filer training at no additional cost • NetFile system does not require a filer to be trained to navigate system • NetFile has built in filer tutorials that change on every screen of the system

Public Portal Set Up -1 week

Support:

• Monday to Friday during normal business hours from 9:00AM to 5:00PM PST. • Immediate (Admin only telephone based) and/or ticketed e- mail based support • Admin only telephone support response time: immediate during normal business hours • E-mail based support response time for admin: within 1 working day • E-mailed based filer support time: immediate e -mail response sent indicating up to 3 working day response time AND telling filer how to request immediate help

AB1234 Ethics Training System Project Management
Initial Project Planning – 1 day
• Send over onboarding detailed information via e- mail

System Setup

• City to send list of people who need to take training along with their last certificate training date – depends on City (usually 1 week)

• NetFile to add filer info into system – 3 days
•
Admin Training – initial (30 minutes) plus unlimited refresher training

• Adding person’s assuming office Ethics deadlines
• Detailed training in Communications (Comms) platform
• Explain how filers link to the admin system through the free filer application

Filer Training – not required

• City can request Zoom or Team based group filer training at no additional cost • NetFile system does not require a filer to be trained to navigate system • NetFile has built in onscreen documentation to assist person taking the training

Public Portal Set Up -1 week

Support:

• Monday to Friday during normal business hours from 9:00AM to 5:00PM PST. • Immediate (Admin only telephone based) and/or ticketed e- mail based support • Admin only telephone support response time: immediate during normal business hours • E-mail based support response time for admin: within 1 working day • E-mailed based filer support time: immediate e -mail response sent indicating up to 3 working day response time AND telling filer how to request immediate help

Boards, Commissions, Commitees System Project Management

Project Management – 1 day

• Initial Planning Meeting

Review project requirements and timeline.

• Onboarding Worksheet (to be completed by customer prior to initial planning meeting or during initial meeting)

The worksheet includes board information, such as SEI requirements, terms, term limits (what constitutes a full term. e.g. 75% or more), Oaths of Office requirements, etc.

Onboard Test Data – 1 day

Training - 1 day

Training on the use of the BAC system, including administration and public sites. Supporting documents will be provided prior to the day of the training, which will include BAC User Guide and Test Plan.

Test System - TBD

The customer can decide how long they would like to work in the test system prior to going live.

Onboarding Live Data - 1 day (current board data)

The customer is required to sign off on data prior to going live.

Application Creation – 1 day

Public Portal Set Up – Immediate once live

Contingency

Additional project time to account for unforeseen tasks or time necessary to complete in scope requirements.

Support:

• Monday to Friday during normal business hours from 9:00AM to 5:00PM PST. • Immediate (Admin only telephone based) and/or ticketed e- mail based support • Admin only telephone support response time: immediate during normal business hours • E-mail based support response time for admin: within 1 working day • E-mailed based filer support time: immediate e -mail response sent indicating up to 3 working day response time AND telling filer how to request immediate help

ITEM # 6

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 AWARD OF PROFESSIONAL SERVICES AGREEMENT NO. 4202 TO SOUTHERN CALIFORNIA PRECISION CONCRETE, INC.
(DBA PRECISION CONCRETE CUTTING) FOR SIDEWALK

INSPECTION AND INVENTORY SERVICES

DATE: May 22, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Award professional services agreement No. 4202 to Southern California Precision Concrete, Inc. (DBA Precision Concrete Cutting) for sidewalk inspection and inventory services for a not-to-exceed amount of $88,270; and

2. Authorize the City Manager to execute the professional services agreement.

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

FISCAL IMPACT:

Eligible funding for this purpose is available from a combination of Los Angeles County Metropolitan Transportation Authority (Metro) Transportation Development Act Article 3 (TDA) and Measure M funds. Metro provides TDA funding annually for bicycle and pedestrian projects. Metro designates approximately 2% of TDA funds for bicycle and pedestrian planning and projects. TDA funds are distributed based on population. Los Angeles County voters approved the Measure M initiative in 2016. This tax measure funds roadway improvements and sidewalk enhancements. This project is expected to begin in July 2024, and as such funding will be included with the Fiscal Year 2024-25 budget as part of the Capital Improvement Plan (CIP).

Staff recommends awarding Precision Concrete Cutting a professional services agreement for sidewalk inspection and inventory services for a not-to-exceed fee of $88,270.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

BACKGROUND/DISCUSSION:

Sidewalks are an important component of the public transportation network. Since 1941, the California Streets and Highways Code has placed the responsibility to maintain public sidewalks on the adjacent property owners. This responsibility applies to all sidewalks adjacent to the property, including along the frontage, side of the property, and even behind the property in areas with backing-lot sidewalks along arterial or collector roadways.

The City requires sidewalk inventory services to identify tripping hazards within the City’s right-of-way and at City facilities (i.e., City Hall, parks, senior center, etc.). Staff evaluated various options to repair noncompliant locations adjacent to City-owned or maintained properties and have identified a cost-effective measure for concrete cutting or slicing as a solution that can be performed at locations with an elevation difference of up to two inches. Before the removal, replacement or slicing of uplifted sidewalk work can proceed, staff is required to identify the locations so that construction bids for the repair work can be solicited.

Staff reached out to Precision Concrete Cutting for a proposal to conduct a comprehensive survey and assessment of the City’s sidewalks that are uplifted, damaged, broken or raised that represent potential hazards. The survey is needed to determine the magnitude and cost of the necessary repairs. The objective is to make the City's walkways safe for all individuals, no matter their age or limitations.

The goal of the project is to ultimately utilize Precision Concrete Cutting’s proprietary equipment that cuts the sidewalk and leaves a much cleaner, smoother finish than conventional grinding. Precision Concrete Cutting removes potential sidewalk trip hazards, with their equipment being able to remove slab differentials between ½-inch and 2-inches. This option is a more economical way of treating sidewalk hazards that may not need full removal and replacement.

Sidewalk trip and fall claims occur and the City must manage them through their general liability program, with the assistance of Public Works staff. Raised sidewalks may be caused by tree roots (public and private property), age of the infrastructure and/or continual use of the space. From a liability perspective, it is integral to the City’s defense when there is a report that inventories the City’s sidewalks and provides a cost analysis on the funds appropriated towards sidewalk repair and maintenance. It is imperative that photos and measurements are taken where both the vertical and horizontal displacements are accounted. The Consultant will photograph tree roots, leaking sprinklers and subsidence that may be the cause of the sidewalk damage.

During a claims process, claimants and/or their attorneys may ask City staff questions such as:

• "Does the City have a formal inspection program?" "If so, was it complied with?" • "Has the location been repaired before?"

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

• "Have there been prior complaints at the location?" "If so, what was the City’s response?"
• Looking for secure copies of any written records/inventories.

Under the California Government Code, the Plaintiff must prove a dangerous condition of public property and then issue a notice. A common referenced case is Fielder vs. City of Glendale, whereby the following items were established:

• A sidewalk panel lift of ¾-inch or less without other factors (such as jagged edges) is a trivial defect as a matter of law.
• The plaintiff’s liability is based on a reasonableness standard. • Insufficient lighting is not actionable, as case law holds that darkness cannot be completely eliminated.
• Trial immunity (Government Code 831.4) is absolute. Paved paths through a park qualify.

Utilizing a company like Precision Concrete Cutting to perform the necessary background investigation and formally treat the concerns through formal, economically based solution methods allows the City to take a proactive approach to maintaining sidewalks and reducing potential liability and the costs of potential claims. The inventory project will take approximately three (3) months to complete and catalog.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Upon approval by the City Council, Staff will award Professional Services Agreement No. 4202 (Attachment A) to Southern California Precision Concrete Inc. DBA Precision Concrete Cutting. The term of the agreement runs through December 31, 2024, for a total not-to-exceed amount of $88,270. Sufficient appropriations will be included in the FY 2024-25 CIP budget for the provision of these services.

ATTACHMENT(S)

1. Attachment A - Agreement No.4202 Precision Concrete Cutting

2. Attachment B - Sidewalk Inspection Presentation

NEXT STEPS:

N/A

ATTACHMENT A

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4202
WITH SOUTHERN CALIFORNIA PRECISION CONCRETE INC. DBA PRECISION

CONCRETE CUTTING

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered on May 22, 2024 (“Effective Date”), by the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and With Southern California Precision Concrete Inc., a California corporation (the “CONTRACTOR”). The CITY and the 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 Sidewalk Survey services in the CITY; and

WHEREAS, the CONTRACTOR 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. SERVICES / COMPENSATION.

A. All terms, conditions, requirements, and provisions of the Proposal for labor and materials to provide Sidewalk Survey services (“Proposal”), 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. The CONTRACTOR shall provide to the CITY all labor, equipment, materials and incidental necessary to provide Sidewalk Survey Services as set forth fully in the Proposal, as such is set forth fully in Exhibit A hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

C. The CONTRACTOR shall be compensated for performance of the Professional Services as set forth in the Proposal attached hereto as Exhibit A and incorporated fully herein by this reference (“Compensation”). The CONTRACTOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY. The total compensation shall not exceed Eighty-Eight Thousand, Two Hundred Seventy Dollars ($88,270).

SECTION 2. TERM.

This Agreement shall commence upon issuance of the Notice to Proceed by the CITY, and shall expire on Tuesday, December 31, 2024 , unless terminated earlier as hereinafter provided. This Agreement will not be extended.

PROFESSIONAL SERVICES AGREEMENT NO. 4202

SECTION 3. PERFORMANCE.
a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.

b. The CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Contractor hereunder, in meeting its obligations under this Agreement.

c. The CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONTRACTOR shall have the right to retain, subject to the CITY's approval, additional individuals, contractors or sub contractors to assist in the completion of services as herein defined. Compensation for additional individuals, contractors or sub contractors shall be the sole and exclusive responsibility of the CONTRACTOR.

e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR 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 4. WORK PRODUCT.
a. The CONTRACTOR hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONTRACTOR.

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

SECTION 5. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by the CONTRACTOR 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 6. CITY SUPERVISION.

PROFESSIONAL SERVICES AGREEMENT NO. 4202

The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to obtaining the 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 the 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 the 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 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 CONTRACTOR shall only be entitled to Compensation for those Professional Services satisfactorily performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the 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 termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non- refundable” costs that the 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 termination, and (2) that the CONTRACTOR provides the CITY with adequate proof that the 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 incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 8. EMPLOYMENT OF CITY EMPLOYEES.

No employee of the CITY shall be employed by the CONTRACTOR during the

PROFESSIONAL SERVICES AGREEMENT NO. 4202

term of this Agreement.

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

No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the 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 shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee or agent of the CITY. No employee benefits shall be available to t he CONTRACTOR 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 CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s sub contractors for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the 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 the CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.

SECTION 11. PERS ELIGIBILITY INDEMNITY.
a. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, t h e CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of t h e CONTRACTOR 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 the CITY. b. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any c o m p e n s a t i o n, benefit, or any incident of employment by t h e CITY,

PROFESSIONAL SERVICES AGREEMENT NO. 4202

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 12. LEGAL RESPONSIBILITIES.

The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello 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 impo sed upon them for injuries or deaths of persons, or damage to property arising out of t h e 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 term of this Agreement, the 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 injury and advertising injury, with limits no less than $2,000,000 per occurrence , $4,000,000 aggregate. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if 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.
• 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 CONTRACTOR’S profession, with limit no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.

PROFESSIONAL SERVICES AGREEMENT NO. 4202

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.

The CONTACTOR shall require each of its 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 Best's 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. The CONTRACTOR 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 CONTRACTOR’s expense, the premium thereon.

At all times during the term of this Agreement, the CONTRACTOR 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 CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

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

The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory word ing 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.

The insurance provided by the CONTRACTOR 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 CONTRACTOR’s insurance and shall not contribute with it.

All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or sub contractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY.

Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONTRACTOR shall either reduce or

PROFESSIONAL SERVICES AGREEMENT NO. 4202

eliminate the deductibles or self -insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

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

SECTION 15. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONTRACTOR 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-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 the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub -contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the 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 attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be the 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 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. 4202

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 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, 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.

PROFESSIONAL SERVICES AGREEMENT NO. 4202

under this Agreement or any agreement referred to in this Agreement.

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:

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
With a copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 -1200 ext. 469
[email protected]

If to Contractor: Precision Concrete Cutting
Attn: Ron Durna
13089 Peyton Dr. C#235
Chino Hills, CA 91709
(909)539-7740

SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.

In the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The 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.

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

PROFESSIONAL SERVICES AGREEMENT NO. 4202

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 CONTRACTOR 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 CONTRACTOR. The CONTRACTOR's covenant under this section shall survive the termination of this Agreement.

SECTION 24. ENTIRE AGREEMENT.

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

[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. 4202

(“CITY”) (“CONTRACTOR”)

CITY OF MONTEBELLO SOUTHERN CALIFORNIA PRECISION
CONCRETE INC., DBA “PRECISION
CONCRETE CUTTING”

Raul Alvarez City Manager Ron Durna, President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Sidewalk Survey Proposal

Exhibit “A”
Precision Concrete Cutting Proposal

SIDEWALK SURVEY
PROPOSAL:

Presented to:

CITY OF MONTEBELLO
1600 W BEVERLY BLVD.

MONTEBELLO CA 90640
CONTACT: CEASER ROLDAN
APRIL 25th, 2024
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project. Any copying or unauthorized disclosure of this information is prohibited.

EXHIBIT A

ENVIRONMENTAL IMPACT EXAMPLE: As a member of the U.S. Green Building Council (USGBC) we are proud of the fact that we reduce the impact to landfills and the environment as a result of our service.Removing and replacing 100 panels would result in approximately 118,500 pounds or 59 tons of concrete being removed (average panel weight of 1185 pounds) Using Precision Concrete Cutting for 100 trip hazards results in 0.3 tons of concrete removed and recycled, approximately 141 gallons of gasoline saved, and a reduction of 1.3 metric tons of Co2.

COST SAVINGS
We’ll repair your sidewalks for 70-90% less than sidewalk replacement, which means you can do more for your
community for less.

A.D.A. COMPLIANCE
Patented technology that brings sidewalks into ADA compliance CLEAN
Our patented containment system captures dust and debris to bring you the cleanest process available.

SAFE
Decrease liability on your pedestrian walkways

DETAILED REPORTING
We track our jobs with honesty and integrity. Invoices show measurements, locations and cost for each hazard.

LOW IMPACT
Efficient systems with an average removal time of 20 minutes, no sidewalk closures.

FULL SERVICE CONTRACTOR
Complete GIS integration, mapping, etc.

COMMITMENT SUMMARY

Sidewalk Inspection Services and Responsibilities
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.

Any copying or unauthorized disclosure of this information is prohibited.

1. CONTRACTOR shall inspect public right-of-ways designated on the maps.

2. CONTRACTOR shall determine tripping hazards, which shall include, but not be limited to:
a. Differential displacement between sidewalk sections ½” inch 2 ½” b. Spall surfaces, holes in surfaces, and cracks above 1 inch wide or greater
c. Deteriorated joints that have an eroded condition and are ½” wide or greater

3. CONTRACTOR shall record location of damaged sections in a GPS device.

4. Data entered into the GPS device shall be provided.

5. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identi fication and description of each problem condition b. Physical address and location including GPS location data c. Size of hazards in height, length, and square foot
d. Probable cause of hazard, if evident
e. Pictures of damaged areas
f. Recommended action to be taken

PROGRAM
194 SIDEWALK MILES DO NOT EXCEED $88,270.00

THE PRECISION CONCRETE CUTTING DIFFERENCE
Our patented technology and innovative sidewalk repairs process leaves you with a beautiful, smooth surface that is ADA compliant — a result you can’t get with grinding. Plus, our method saves you money! The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.

Any copying or unauthorized disclosure of this information is prohibited.

PRECISION CONCRETE CUTTING REPAIRS
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.

Any copying or unauthorized disclosure of this information is prohibited.

PRECISION CONCRETE CUTTING REPAIRS
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.

Any copying or unauthorized disclosure of this information is prohibited.

Exhibit “B”
Precision Concrete Cutting Sole Source

3191 N. Canyon Road Provo, UT 84604
P: (801) 224-0025 F: (801) 224-0062
www.SafeSidewalks.com
APRIL 25, 2024

CITY OF MONTEBELLO
1600 W BEVERYLY BLVD
MONTEBELLO, CA 90640
RE: Patent information
To Whom It May Concern:

Due
to the nature of our business and our patented equipment and methods, frequently we have been asked to provide a letter stating that our technology relies upon patents that have been issued by the US Patent and Trademark office.

Precision Concrete Cutting is the only company authorized to use the patented equipment and method for removing sidewalk trip hazards as described by the following patent numbers:

U.S. Pat. No. 6,827,074
U.S. Pat. No. 6,896,604
U.S. Pat. No. 7,000,606
U.S. Pat. No. 7,143,760
U.S. Pat. No. 7,201,644
U.S. Pat. No. 7,402,095
If you have any questions or comments please feel free to give me a call.

Kind Regards,
Aaron Ollivier, CEO
Precision Concrete Cutting
3191 N. Canyon Rd
Provo, Utah 84604
(801) 373-3990

EXHIBIT B

Sidewalk Inspection,
Maintenance & Risk
Management:

Presented to: CITY OF MONTEBELLO
APRIL 2024
CONTACT: CESAR ROLDAN
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project. Any copying or unauthorized disclosure of this information is prohibited.

ATTACHMENT B

ABOUT PRECISION CONCRETE CUTTING
PCC is the leader in uneven sidewalk repair
•Founded in 1992, branches throughout the US
•Developed a process to overcome the
limitations and poor results from other methods
•Awarded 5 patents by the US patent and
trademark office
•PCC offers this services throughout the US and
Canada
•Working with 100s of cities, counties, and
property managers throughout California

OUR SOLUTION
We offer the most cost effective solution for maintaining your sidewalks.

Provide comprehensive Sidewalk Assessment Surveys using our specialized GPS survey software to identify the problem and provide an in-depth report and recommendations.

Offer a unique Uneven Sidewalk Repair service that stretches your budget, meets your ADA requirements, and removes your risk of liability.

Offer a city wide Sidewalk Repair and Maintenance Programs tailored to your needs and budget constraints.

COMPREHENSIVE SIDEWALK SURVEYS
City of Commerce
inspection report
Map of hazard
location Emil Avenue

LEADING UNEVEN SIDEWALK REPAIR
The benefits of our service include
• Substantial budget savings over other methods
• Guaranteed ADA and OSHA Compliance
• Reduced liability risk
• A clean, attractive finish
• Quick removal with little disruption in service
• Safe and longer lasting sidewalks
• Satisfied community members

WHY WE DON’T GRIND
• Grinding often damages the concrete (breaks edges, knocks out aggregate, scars adjacent panels, creates micro cracks).
• Often unsightly (leaves a rough, uneven scarring)
• Difficult to comply with the ADA slope requirements
• Hard to use on larger trip hazards (over 1 inch)
• Unable to remove hazards next to objects
• Very slow process and generates lots of dust
• Has no cost advantage

LEADING UNEVEN SIDEWALK REPAIR
Rather than grind down trip hazards or replace the sidewalk, we cut trip hazards with precision diamond saws.
•Proven patented diamond saw cutting method
-completely removes difference in vertical elevation of greater than 1/4 inch to 2 1/2 inches between panels. Saves more sidewalk.
•Superior results compared to unsightly grinding and asphalt patching - Lower Risk through full compliance with ADA and OSHA requirements. - Aesthetics more correct for city residents & visitors, no ugly grinds or asphalt ramps.
•Remove sidewalk hazards quickly, with little disruption of foot traffic - up to 150 repairs per day.

PRECISION CONCRETE CUTTING REPAIRS
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.

Any copying or unauthorized disclosure of this information is prohibited.

PRECISION CONCRETE CUTTING REPAIRS
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.

Any copying or unauthorized disclosure of this information is prohibited.

PRECISION CONCRETE CUTTING DIFFERENCE

REPAIR SPECIFICATIONS

1. Hazards removed from the full length of the panel (full edge-to-edge repair)

2. Sidewalks repaired at a slope of 1:8, in compliance with ADA requirements

3. Handicap ramps or special areas repaired at a slope of 1:12, in compliance with ADA requirements

4. Debris from repaired areas collected and removed

5. A dust abatement system used during all repair operations

6. The repaired areas are smooth and uniform with a coefficient of friction exceeding OSHA requirements for public walkways

7. A detailed, audit-able invoice is presented for every repair.

PRECISION SAW CUTTING SOLUTION
80% of problems addressed by low cost saw cutting ~ $25 - $200 per location Precision Saw Cutting sidewalk panels for changes in elevations up to 2 1/2 inches high
•Repair 10 times as much sidewalk as removal and replacement •Better use of city assets, save more of the sidewalk
20% addressed by higher cost replacement ~ $3000 - $5000 per location •Replace sidewalk panels with changes in elevation between panels above 2 1/2 inches
•Saves budget for more repairs of severe problems
•Only replace when absolutely necessary

MAINTENANCE & RISK MANAGEMENT PROGRAM
Proposed Annual Sidewalk Maintenance Program
•Sidewalk Survey
- Annual, bi-annual, quarterly inspection
- Specify problems and recommended actions to be taken. - Prioritize the areas and problems to be resolved
- Size and severity of hazards, high traffic areas
- Identify repairs to be accomplished by saw cutting
- Recommend areas to be demolished and replaced
•Remove the existing trip hazards by Saw Cutting up to 2 1/2 inches in height - Fixed budget “not to exceed” per month, quarter, year - Quickly reduces Liability Risk
- Lowest overall cost
- Minimizes the amount of costly replacement
- Maximizing the useful life of the existing sidewalk
- Maximize the amount of sidewalk restored
- Stretching budget dollars over more miles of sidewalk •Remove and Replace areas not recommended for saw cutting - Maximizes the repair of locations that truly needs to be replaced

CITYWIDE SIDEWALK ASSESSMENT
Sidewalk Trip Hazards.

Sidewalk trip hazards are recorded and divided by the size of the vertical face exposed. We have grouped the surveyed hazards into the following three classes.

Hazard Classes
Less Severe (small) Above 1/4” high to 1/2”
Severe (medium) 5/8” high to 1”
Most Severe (large) Above 1” high to 2 1/2”
We recommend the repair of trip hazards by saw cutting for all hazards 3/8” to 2 "” high to save cost and extend the useful life of the existing sidewalk. Larger trips (above 2 "”) and are best resolved by the removal and replacement of the entire panel. The cutting of individual trip hazards can be scheduled to incrementally address the most hazardous areas first. The “remove and rep

EXAMPLE: SIDEWALK ASSESSMENT MATRIX

EXAMPLES: ITEMIZED MAPS OF GPS LOCATIONS
Map of hazard location Emil Avenue

Safe Sidewalks

SUMMARY
For changes in elevation of sidewalk panels range between 1/4 inch and 2 1/2 inches, Saw Cutting is the most cost effective method to maintain your sidewalks and reduce your risk. • Complies with ADA standards for removal and slopes
• Meets OSHA recommended standards for slip resistance
• Appears clean and neat
• Cuts precisely removing trip hazards in difficult-to-reach places • Removes hazards quickly
• Stretches budgets by lengthening the life of concrete sidewalks that might otherwise be replaced.
• Saves Our Customers thousands of $$$ in sidewalk repair and maintenance and liability cost.

CONTACT US
Trip Hazard Removal Specialist for
Los Angeles and San Gabriel Valley

PRECISION CONCRETE CUTTING
13089 PEYTON DR #C235
CHINO HILLS CA 91709
Phone: 909-539-7740
[email protected]
www.safesidewalks.com

ITEM # 7

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 SOLICITATION OF PROPOSALS FROM EXISTING

QUALIFIED AND ELIGIBLE CITY OF MONTEBELLO FRANCHISED

SOLID WASTE HAULERS FOR RESIDENTIAL SOLID WASTE AND

RECYCLING SERVICES

DATE: May 22, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize staff to publish a Request for Proposal to obtain residential Solid Waste and Recycling Services; and,

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

FISCAL IMPACT:

At this time, there is no fiscal impact associated with issuing this Request for Proposal for residential solid waste and recycling services. Once proposals are submitted and evaluated, staff will return for agreement approval and a well-defined budget for consideration at a future City Council meeting.

BACKGROUND/DISCUSSION:

The City seeks proposals from existing eligible and qualified franchised solid waste haulers to provide residential waste and recycling services. The selected firm will conduct and provide the services in their proposal under the appropriate tasks as outlined in the Request for Proposal (Attachment A).

Athens Services is the City's current franchised residential refuse hauler. Athens is a local waste collection and recycling company that has provided services in the City of Montebello. Athens provides environmental services through reuse, recycling, and

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

composting and diverts valuable resources from landfills. Per the City's franchise contract with Athens, they are responsible for implementing all the requirements set forth by the State Department of Resources, Recyling and Recovery (CalRecycle). CalRecycle regulates the operation of solid waste facilities throughout the State of California. It is a core value of CalRecycle to manage and mitigate the impact of solid waste on public health and safety and the environment by enforcing compliance with regulations and state minimum standards through integrated and consistent permitting, inspection, and enforcement efforts.

Due to the implementation of Senate Bill 1383 (SB 1383), the landscape for how refuse is picked up and disposed of and ultimately reported to the State has become very complex. CalRecycle has posted a "Model Franchise Agreement" as a template that the City must adhere to. A formal RFP will be distributed to existing qualified and eligible City of Montebello franchised solid waste haulers to provide appropriate services related to this program. The following is a tentative schedule:

RFP ISSUED May 23, 2024
REQUEST FOR INFORMATION DEADLINE: 11:00 AM June 20, 2024 RELEASE OF INFORMATION REQUESTED: 5:00 PM July 10, 2024 PROPOSAL DUE DATE/SUBMISSION DEADLINE: 11:00 AM September 3, 2024
TENTATIVE CITY COUNCIL AWARD DATE October 23,
2024

TENTATIVE NOTICE TO PROCEED START DATE - COMMENCE

SERVICES
February 12,
2025 or April
1, 2025

The RFP shall describe the service requested and provide the tasks required by the qualified vendor to submit a proposal. The time and location to submit proposals shall be placed within the RFP. Once proposals are submitted, reviewed and scored, staff will return to the City Council with a recommendation to award.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

SUMMARY:

Staff recommends that the City Council authorize the City Attorney's office to publish a RFP to obtain services from a qualified and eligible vendor to provide residential solid waste and recycling services.

ATTACHMENT(S)

1. Attachment A - RFP Montebello Residential Solid Waste

NEXT STEPS:

N/A

ATTACHMENT A

CITY OF MONTEBELLO

REQUEST FOR PROPOSAL
(RFP No. 24-00)

RESIDENTIAL SOLID WASTE AND

RECYCLING COLLECTION SERVICES

Department of Public Works
Issuance Date: May 25, 2024
Submittal Deadline: September 3, 2024 (Day after Labor Day) Tentative Date to Award Contract at City Council Meeting: October 23, 2024

Table of Contents
INTRODUCTION .............................................................................................................................. 5 CITY OF MONTEBELLO GOALS & OBJECTIVES ....................................................................................................... 5 OPEN DISCLOSURE OF NONCOFIDENTIAL RFP INFORMATION.............................................................................. 6 ORGANIZATION OF THE RFP................................................................................................................................. 6 SUMMARY OF PROPOSED SERVICES .................................................................................................................... 6 PROPOSAL SUBMITTAL DATE AND REVIEW.......................................................................................................... 7 AWARD ................................................................................................................................................................ 7 AGREEMENT TERM .............................................................................................................................................. 7 RFP POINT OF CONTACT....................................................................................................................................... 7 NO CONTACT PROVISION ..................................................................................................................................... 7 DONATIONS AND GIFTS ....................................................................................................................................... 7 SCHEDULE ............................................................................................................................................................ 8 SECTION 1: CITY INFORMATION/STATISTICS ......................................................................... 8

1.1 CENSUS DATA (2020-2023 SELECTED HOUSING CHARACTERISTICS) ......................................................... 8

1.2 CURRENT SERVICE ACCOUNT DATA .......................................................................................................... 9

1.3 Residential Sector Service Data ................................................................................................................ 9

1.4 Default Residential Cart Service ............................................................................................................. 10

1.5 Multiple-family Residential Service ........................................................................................................ 10

1.6 Disposal Tonnage Data ........................................................................................................................... 10

1.7 Jurisdiction Diversion/Disposal Rate Detail ............................................................................................ 10

1.8 Reported Total Tonnage Collected 2020-2023 ........................................................................................ 10

1.9 Diversion Rates ...................................................................................................................................... 11

1.10 Current Collection Rates......................................................................................................................... 11

1.11 Billing Procedures .................................................................................................................................. 11 SECTION 2: SCOPE OF SERVICES ......................................................................................... 11

2.1 Residential “Core” Cart Service .............................................................................................................. 12

2.1.1 Automated Carts .................................................................................................................................... 12

2.1.2 Cart Colors and Markings ....................................................................................................................... 12

2.1.3 Solid Waste Cart Collection .................................................................................................................... 12

2.1.4 Solid Waste Cart Overage ....................................................................................................................... 13

2.1.5 Recycling Cart Collection ........................................................................................................................ 13

2.1.6 Green Waste Cart Collection .................................................................................................................. 13

2.1.7 Bundled Green Waste Materials ............................................................................................................ 13

2.1.8 Organics and Food Waste Cart Collection and Recycling ........................................................................ 13

2.1.9 Construction and Demolition ................................................................................................................. 13

2.1.10 Bulky Item Collection (Including E-Waste and U-Waste) ......................................................................... 13

2.1.11 Abandoned Bulky Waste Collections. ..................................................................................................... 14

2.1.12 Public Outreach Program ....................................................................................................................... 14

2.1.13 Bulky Item Diversion .............................................................................................................................. 14

2.1.14 Roll-off Box and Temporary Processing (City Services) ........................................................................... 14

2.1.15 Valet Service .......................................................................................................................................... 14

2.1.16 Low-Income Senior Citizen Discount....................................................................................................... 15

2.1.17 Holiday Tree Collection and Recycling .................................................................................................... 15

2.1.18 Mulch Give-A-Way Program ................................................................................................................... 15

2.1.19 City Mulch .............................................................................................................................................. 15

2.1.20 Holiday Schedule .................................................................................................................................... 15

2.1.21 Removal and Recycling of Existing Carts ................................................................................................. 15

2.2 Multiple-family Residential “Core” Collection Service ............................................................................ 16

2.2.1 Bins and Boxes ....................................................................................................................................... 16

2.2.2 Multiple-family Processing ..................................................................................................................... 16

2.2.3 Bulky Item Collection (Including E-Waste and U-Waste) ......................................................................... 16

2.2.4 Bulky Item Diversion .............................................................................................................................. 16

2.2.5 Holiday Tree Collection and Recycling – Multiple Family Dwellings ........................................................ 16

2.2.6 Green Waste/Organics Recycling Collection – Multiple Family ............................................................... 17

2.3 Citywide Quarterly Clean-up Program .................................................................................................... 17

2.4 Waste Diversion And Disposal Reporting Requirements ........................................................................ 17 SECTION 3: KEY AGREEMENT TERMS ................................................................................ 17

3.1 Agreement Term .................................................................................................................................... 17

3.2 Annexation ............................................................................................................................................ 17

3.3 Mandatory Collection ............................................................................................................................ 17

3.4 Billing And Collection ............................................................................................................................. 18

3.4 Education And Public Awareness ........................................................................................................... 18

3.5 Minimum Recycling Rate ........................................................................................................................ 18

3.6 Company’s Employees ........................................................................................................................... 18

3.7 Records And Reports .............................................................................................................................. 18

3.8 Responsibility For Damages And Injury/Indemnification........................................................................ 18

3.9 Cooperation With Utility And Other Companies .................................................................................... 18

3.10 Reporting And Auditing .......................................................................................................................... 18

3.11 Clean-Air / Clean-Burning Collection Vehicles ........................................................................................ 19

3.12 Quality Of Service Surveys ..................................................................................................................... 19

3.13 Rate Adjustment .................................................................................................................................... 19

3.14 Authority To Withdraw RFP and/or Not Award Contract And Possible Legal Challenges. ....................... 19

3.15 Public Records Act .................................................................................................................................. 19

3.16 Maximum Customer Rates ..................................................................................................................... 20

3.17 Franchise Fees Payable To City ............................................................................................................... 20

3.18 Initial Fee Upon Award........................................................................................................................... 20

3.19 AB 939 Program Payment Fee ................................................................................................................ 20

3.20 Performance Audit Fee .......................................................................................................................... 20

3.21 Good Corporate Citizenship ................................................................................................................... 21

3.22 Performance Bond And Letter Of Credit ................................................................................................. 21

3.23 Surety/Bid Bond ..................................................................................................................................... 21

3.24 Proposal Evaluation Criteria ................................................................................................................... 21

3.25 Conflicts Of Interest ............................................................................................................................... 21

3.26 Familiarity With Laws And Ordinances ................................................................................................... 21

3.27 Draft Franchise Agreement .................................................................................................................... 21

3.28 Quality Of Service Surveys ..................................................................................................................... 21

3.29 Curbside Recycling Audits ...................................................................................................................... 22

3.30 Rate Composition ................................................................................................................................... 22

3.31 Information / “How-To” Video ............................................................................................................... 22 SECTION 4: PROPOSAL FORMAT AND CONTENT......................................................... 22

4.1. General Requirements ........................................................................................................................... 22

4.2. Business Structure: Provide The Following Information Regarding The Proposing Entity And Entity That Would Provide A Corporate Guarantee, If Applicable. ............................................................................ 23

4.3. Donations And Gifts ............................................................................................................................... 23

4.4. Experience And Qualifications................................................................................................................ 24

4.5. References ............................................................................................................................................. 24

4.6. Organization And Staffing ...................................................................................................................... 24

4.7. Background ............................................................................................................................................ 24

4.8. Work Plan And Methodology ................................................................................................................. 25

4.9. Disposal & MRF Facilities ....................................................................................................................... 25

4.10. Schedule of Services ............................................................................................................................... 25

4.11. Equipment List ....................................................................................................................................... 25

4.12. Employee Safety Training And Equipment Safety Records ..................................................................... 26

4.13. Implementation/Transition Plan ............................................................................................................ 26

4.14. Organics Waste Recycling....................................................................................................................... 26

4.15. Minimum Recycling Requirement .......................................................................................................... 27

4.16. Customer Service ................................................................................................................................... 27

4.17. Financial Stability ................................................................................................................................... 27

4.18. Insurance Information............................................................................................................................ 27

4.19. Past/Pending Litigation: Lawsuits, Claims, Judgments, Penalties, Fines And Violations ......................... 27

4.20. Guarantees and Surety ........................................................................................................................... 28

4.21. Statement of Compliance ....................................................................................................................... 28 SECTION 5: PROPOSAL EVALUATION CRITERIA ............................................................... 28 SECTION 6: LIST OF ATTACHMENTS ................................................................................ 30 ATTACHMENT A: CITY MAP ....................................................................................................... 34 ATTACHMENT B-1: TOTAL MAXIMUM PERMITTED RATE SCHEDULE .......................... 35 ATTACHMENT B-2: TOTAL MAXIMUM PERMITTED RATE SCHEDULE .......................... 36 ATTACHMENT B-3: TOTAL MAXIMUM PERMITTED RATE SCHEDULE .......................... 37 ATTACHMENT C: GOOD CORPORATE CITIZEN STATEMENT ............................................ 38 ATTACHMENT D: DRAFT FRANCHISE AGREEMENT ............................................................ 39 ATTACHMENT E: WORK PLAN .................................................................................................. 40

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 5

INTRODUCTION
The City of Montebello (“City”) is requesting proposals from qualified solid waste and recycling companies licensed within the City and holding a valid City business license and solid waste hauler nonexclusive franchise agreement with the City to provide residential solid waste collection, transportation, recycling, and disposal services. For the purpose of clarification, the requested services include, but may not be limited to, Municipal Solid Waste (MSW), Recycling and related services, Greenwaste, Organics, Construction and Demolition (C&D), and Bulky Item Collection.

It is the City’s intent to enter into one E xclusive Franchise Agreement for residential for the aforementioned collection and processing services. The anticipated service start date for a new collection service franchise agreement is on or before April 1, 2025.

Specifically, City is interested in receiving proposals for an Exclusive Franchise Agreement (“Agreement”) that will encompass only residential cart/bin accounts and services in addition to those referenced above. The specific services and contract terms are set forth in this document and in the Draft Franchise Agreem ent, which together make up the Request for Proposal s (RFP.) Prospective proposers should examine these documents in detail in order to understand the services being requested.

The successful company will have presented an accurate representation of the co mpany’s experience and expertise in the collection, processing, diversion, and disposal of municipal solid waste generated in the residential sector.

City seeks a company that offers a rate stabilization program to provide long -term collection, processing, recycling, recovery, and diversion capacity, and waste diversion through source collection and mixed waste processing while meeting all the legislative and program requirements of the State of California, Los Angeles County, and the City as may be applicable.

CITY OF MONTEBELLO GOALS & OBJECTIVES
The City of Montebello’s goals and objectives for the RFP process and future collection services are as follows:
• Conduct the RFP process with integrity and transparency • Provide a cost -effective, environmentally s ound, and efficient solid waste management system, which includes mandatory collection of solid waste and recyclable materials among other services referenced herein.
• Preserve the environment and protect the health, safety, and quality of life for Montebello residents by utilizing fully automated AQMD (Alternative Fueled) compliant vehicles and trained operators that are trained, certified, licensed, and possess a Commercial Driver ’s License (CDL) within the State of California.
• Comply with State of California Assembly Bill 939, known as the California Integrated Waste Management Act of 1989, which requires jurisdictions to divert from disposal in landfills 50% of the solid waste generated within the City, AB 1826, which requires mandatory organics r ecycling for certain multifamily residential dwellings, SB 1383, statewide organic waste disposal reduction of 75% and all other State, federal, and local mandates during the term of Agreement.
• Participate in the City of Montebello as an exemplary corporate citizen by supporting local non-profit organizations and serving as a member of the community.

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 6 • Provide a long-term solid waste management program that includes but is not limited to:
diversion and disposal program s or other waste processing programs that reduce the amount of solid waste being disposed of and that includes a rate stabilization program, collection and processing capacity, or other programs to the divert waste from landfills, citywide recycling, greenw aste and organics recycling, C&D collection and processing ; and increased diversion rates in the residential sector.

OPEN DISCLOSURE OF NONCOFIDENTIAL RFP INFORMATION

To ensure open disclosure of information, the City will make all NONCONFIDENTIAL information provided under this agreement Public on the City’s Website with the exception of all Final RFP Responses submitted pursuant to this Residential RFP . For the purpose of this section , public disclosure will include posting of the Request for Proposal and any amendments or changes, questions (without submitter information ) and responses relating to the RFP, s ervices requested, submission dates and deadlines and any other nonconfidential information the City deems appropriate,

ORGANIZATION OF THE RFP
This RFP is organized into six sections as follows:

Section Intro Introduction to the RFP
Section 1 City Information and Statistics
Section 2 Scope of Services
Section 3 Key Agreement Terms
Section 4 Proposal Format and Content
Section 5 Proposal Evaluation Criteria
Section 6 Attachments

SUMMARY OF PROPOSED SERVICES
A description of all service requirements and related stipulations is included in the attached Draft Franchise Agreement. The table below briefly describes the anticipated services that the City is seeking from qualified companies although services are not limited to the following.

TABLE A: SUMMARY OF PROPOSED SERVICES
Service Sector Service Description
Residential Cart
Customers
• Weekly Automated Service
• 60-Gallon Automated Solid Waste Collection
• 95-Gallon Automated Recyclables Collection
• 95-Gallon Automated Green Waste Collection
• 35-Gallon Organics Collection
• Optional Cart sizes
• MSW/Recycling 21-Gallon, 48 Gallon, and 95 Gallon)
• Organics 12 Gallon and 21 Gallon
• Space Limitations/ Optional Sizes – Automated Carts
• Temporary Bin and Box Collection
• Bulky Item Collection (Unlimited)
• Holiday Tree Collection
• Senior, Disabled, and Infirmed Valet Service
• Senior and Low-Income Discount Program
• Customer Service Line with 24-hour Message Center
• City-owned Building Collection Services

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 7

PROPOSAL SUBMITTAL DATE AND REVIEW
The Office of the City Clerk at Montebello City Hall, located at 1600 W est Beverly Blvd, Montebello, CA, 90640, will receive sealed Proposals for the Residential Solid Waste and Recycling Collection Services RFP No. 24-____, on or before September 3, 2024, no later than 10:00 a.m. Proposer must submit five (5) complete copies of their company ’s Proposal, one (1) original with wet signatures and one (1) electronic copy with all attachments on a thumb drive.

The received proposals will become part of the official files of the City of Montebello and will not be returned. Late proposals will not be accepted. The RFP package must be sealed and labeled as follows:
“Proposal for Residential Solid Waste and Recycling Collection Services, RFP 24-___” AWARD
All proposals received by the date and time specified herein that meet the minimum requirements set forth in this RFP will be reviewed to determine conformance with the RFP requirements, form, and content. Any proposal deemed by the City to be incomplete, conditional, or non-responsive to the RFP may be rejected. Proposals and proposed rates m ust be honored for twelve (12) months from the proposal due date or the Agreement Effective Date, whichever comes first . The City reserves the right to reject any and all proposals. The successful proposal may or may not be the lowest cost proposal. The anticipated date of the award by the City Council is October 23, 2024.

AGREEMENT TERM
The City of Montebello (City) is soliciting written competitive proposals from private companie s to provide solid waste collection and recy cling services for residential customers within the City.

The ten (10) year franchise agreement will include two compliance review periods (years 5 & 7) and require the successful company to provide exclusive residential solid waste, recycling, greenwaste, organics, construction and demolition collection services, bulky item collection and any other services deemed as residential necessities by the City within City boundaries shown on the attached map (Attachment A) for existing and future service needs within the residential service area. Services shall also cover City owned and operated facilities and identified areas.

RFP POINT OF CONTACT
All inquiries, clarifications, and technical questions relating to this RFP or any of the identified services or information referenced herein must be directed in writing to Christopher Jimenez, City Clerk at [email protected]. Any inquiry, not following the requirements of this section will not receive a response.

NO CONTACT PROVISION
Other than the official Point of Contact referenced in the RFP, companie s, including agents, consultants or other third parties affiliated or employed by submitting companies, interested in submitting a proposal shall not contact other re presentatives of the City of Montebello whether elected, appointed, contracted, or volunteer, including elected officials, City staff, commissioners, consultants, and the like in connection with the RFP or for any residential collections, services, rates, or the like, prior to the awarding of a preferred company. Should interested company’s make such contact in connection with this RFP, the City reserves the right to reject or disqualify any submission associated with the contacting person, party, or entity. At no time is any person or entity authorized to make oral changes to the RFP. Any contact made to any of the above will be cause for immediate disqualification. The decision of the City manager will be final.

DONATIONS AND GIFTS

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 8 Proposers must provide detailed information on any/all gifts, donations, or other items provided to any Montebello Elected Officials, City Staff, City Appointees, City Commissioners, or Volunteers, within the last 4 years. Campaign contributions are not required to be reported i f they have been properly noticed and recorded according the California Fair Political Practices Commission (CFPPC) (FPPC Regulations (ca.gov)).

SCHEDULE
The City plans to adhere to the following schedule to the maximum extent possible. Changes to the schedule will be at the sole option of the City.

TABLE B: SCHEDULE

Action

Date
RFP Release May 25, 2024
RFP Questions Deadline #1 June 20, 2024
Response to Questions #1 July10, 2024
Proposal Submittal Date September 3, 2024
City Council Presentation & Award October 23, 2024
Commence Services April 1, 2025

SECTION 1: CITY INFORMATION/STATISTICS
Montebello is located near the center of the metropolitan center of Los Angeles County . The industrial heart of the Western United States swings out 40 miles to the west and 50 miles to the east, providing communication, transportation, technology, finance, and labor as well as being its own best consumer market.

Montebello is ringed by freeways (CA Route 60 Freeway Eastbound, Interstate 605 Freeway North and Southbound, Interstate 5 Freeway North and Southbound) and has become a center for the trucking and specialty vehicle industry. Wheels, engines, underbodies, refrigerated trucks, campers and truck trailers are all manufactured in Montebello. The over -the-road trucking industry has found Montebello a convenient home as well, as have the service, maintenance, and custom fabrication groups.

Residential solid waste, recycling, greenwaste, bulky item , and organics collection services are currently provided by Athens Services with construction and demolition services provided by any of the twelve (12) nonexclusive commercial franchises within the City. The following table shows an estimated number of homes, Multiple-family residences, and tonnage collected in City. All prospective bidders should take whatever steps are necessary to verify the number of homes, multi- family residences, containers, routes, tonnages, and collection area in preparing their proposals.

1.1 CENSUS DATA (2020-2023 SELECTED HOUSING CHARACTERISTICS) TABLE 1.1: CENSUS HOUSING DATA
Description Units

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 9 Population 61,363
Number of Dwelling Units 20,235
Number of Single-Family Homes Detached 11,483
Single Unit Attached 1,708
Two Units 312
3 or 4 Units 444

The above table represents Census Data compiled and reported by the U.S. Census Bureau and should be considered as a reference tool only. The City is not guaranteeing the accuracy of this information nor is the City implying that the proposers include this information in the determination of pricing and/or service levels. All prospective bidders should take any steps deemed necessary to verify the number of homes, containers, routes, tonnages, and collection area in preparing their proposals.

It should be noted that the Metro Heights at Montebello Hills, a 488-acre site with 1,200 homes in a gated community is expected to be completed in 2027 and will be included as part of the residential services identified herein.

NOTE: DATA ACCURACY
The City asserts no claim as to the accuracy of the census information with respect to each service area. Projections and estimates in that information represent the City’s best judgment based upon information existing as of the date of this RFP, but they do not c onstitute warranties. Proposers must draw on their own professional experience to best correlate or corroborate the data.

Proposers are responsible for independently investigating service conditions in the service area.

1.2 CURRENT SERVICE ACCOUNT DATA
The City has estimated the following information as it relates to the number of current residential account locations. The City is not guaranteeing the accuracy of this information. All prospective bidders should take any steps deemed necessary to verify the nu mber of homes, multiple-family residences, containers, routes, tonnages, and collection area in preparing their proposals.

TABLE 1.2: EXISTING CUSTOMER ACCOUNTS BY SECTOR
Sector Total
Residential Accounts 12,128
Multi-Family Units (2 to 4 units) (Total) 2,464
Multi-Family Accounts (2 to 4 units) (Serviced by Current Residential Hauler) 68 Accounts (415 Units)

1.3 Residential Sector Service Data
The residential sector is comprised of approximately 12,102 locations which are currently serviced with automated collection for residue and recycling and non-automated collection for green waste collection.

TABLE 1.3.1: EXISTING RESIDENTIAL CART COUNTS
Description Frequency S/W Green Waste Recycling Organics TOTAL

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 10 35 Gallon 1 14 0 0 53 67
60 Gallon 1 874 0 0 1,609 2,483
60 Gallon (Add'l) 1 200 - - 253 453
64 Gallon (Extra) 0 0 0 0 0 0
90 Gallon 1 11,243 0 0 10,541 21,784
96 Gallon (Add'l) 1 3,791 - 0 1,890 5,681
TOTALS 16.122 0 0 14,346 30,468

The 12,102 residential accounts are comprised of single- family units, duplexes, triplexes, fourplexes and certain Multiple-family complexes that receive automated cart service.

TABLE 1.3.2: EXISTING RESIDENTIAL CART COUNTS
Property Type Count
Single-Family Homes 17,894
Multi-Units (2 to 4) 10,084

1.4 Default Residential Cart Service
The proposed default automated residential service will be 60- gallon carts for Solid Waste, 95- gallon carts for recyclables, 95-gallon carts for Green Waste, and 35- gallon Cart of Organics (SB1383). Customers must have the option to downsize their automated carts to 32-gallon carts. 95-gallon carts may be substituted for the default size if there is an approved demonstrated need for additional capacity and necessary to avoid additio nal collections during the same period . In such cases where a cart change is approved, the successful contracting entity must adjust the monthly service charge upon approval and provide documentation to the City of such change . In the event that the services have already been paid for , the company must provide a credit on the next billing cycle or provide a direct refund to the resident.

1.5 Multiple-family Residential Service
Multiple-family residential services are services provid ed to residentially zoned dwellings consisting of four (4) or fewer units. The multiple-family sector is comprised of 2,464 addressed locations (duplexes, triplexes, and fourplexes).

1.6 Disposal Tonnage Data
The City of Montebello understands that accurate disposal reporting information is critical for proposers in the determination of pricing and program implementation. The tables below demonstrate information available on the CalRecycle website and information supplied by the current franchise hauler. All prospective bidders should take any steps deemed necessary to verify the number of homes, Multiple -family residences (2 – 4), containers, routes, tonnages, and collection area in preparing their proposals.

1.7 Jurisdiction Diversion/Disposal Rate Detail
Residential tonnage information re ported to CalRecycle as part of the Jurisdiction Diversion/Disposal Rate Detail for 2021, 2022, and 2023 are reflected in the table below.

1.8 Reported Total Tonnage Collected 2020-2023
The current franchise hauler reported the following tonnage in Table 1.8 to the City for the recent 2021-2023 reporting year. The City acknowledges that the data contained in this report/table may

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 11 not accurately coincide with the States DRS table. All prospective bidders should take any steps deemed necessary to verify the number of homes, Multiple -family residences, bin size? containers, routes, tonnages, and collection area in preparing their proposals.

TABLE 1.8: RESIDENTIAL HAULER REPORTED TONNAGE
2021 Tonnage 2022 Tonnage 2023 Tonnage
Trash 18,429.00 17,342.58 17,432.94
Recycling 0 0 0
Organics 4586.61 4,366.73 5,685.52
Transformation - - - TOTAL 23,015.61 21,709.31 23,118.45

1.9 Diversion Rates
The City is committed to meeting the goals and objectives of AB 939 as well as subsequent legislation mandating certain recycling requirements. The successful Contractor will be required to divert and recycle a sufficient amount to ensure that the City continues to meet or exceed the requirements of AB 939, AB 1826, and SB 1383 as well as all other State, local, and federal mandates during the term of the Agreement.

1.10 Current Collection Rates
The City’s Single Family Residential Rate (weekly service) are currently: $24.11 per month for one (1) Solid Waste Cart/Bin ( 60-to-90-gallon container) and one (1) Green Waste Cart/Bin bill ed via property taxes and $1.99 for each additional 90-gallon Solid Waste Cart/Bin.

1.11 Billing Procedures
Residential customers are billed via t heir property taxes by the City . The Contractor may invoice the City at the end of each quarter for services provided under the RFP for actual services rendered to residential customers in the City. All invoices must be submitted with verifiable documentation of actual services provided during the preceding quarter. Any services provided by the Contractor that fall outside of the core services , and those referenced herein may be billed directly to the property owner in accordance with the approved Master Customer Rate Schedule (Attachment B).

SECTION 2: SCOPE OF SERVICES
The City of Montebello is requesting proposals for the services as described herein. No other commercial waste collection services, commercial (non-residential) construction debris collection services, street sweeping, or other waste collection services are to be bid or proposed. All services described below are to be considered the “Core Services .” Any proposal which includes commercial waste services, commercial (non- residential) construction debris collection services, street sweeping, or other waste collection services will be considered non-responsive and will not be considered for any award of a franchise pursuant to this RFP.

The Contractor has established and shall continue to maintain a local office for the purpose of handling customer inquiries, orders, and complaints. The “local” office must remain in a location within fifteen (15) miles of the City boundary and have the same telephone area code as that existing in the City . If approved by the City, a local toll -free number may be provided as a substitute for the existing area code and must be staffed by a live person during regular office hours. The local office shall be open to the public between the hours of 8:00 a.m. to 5:00 p.m., five

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 12 (5) days per week, Monday through Friday, holidays excepted. A representative of Contractor shall be available during regular office hours for communication with the public at such local office.

2.1 Residential “Core” Cart Service
The successful proposer shall provide a plan demonstrating how it will divert, recover and/or recycle at least 65 percent (65%) of the collected residential waste through automated curbside collection. Service must not be provided less than once per week Monday through Friday, except if a holiday occurs on a Friday collection service may be provided on Saturday, to all customers of residential single -family properties and Multiple -family properties receiving automated collection. Hours of residential collection service is from 7:00am to 4:00pm. If the proposer is unable to demonstrate a 65 percent (65%) diversion rate, it should demonstrate the maximum guaranteed diversion rate possible through the residential program and services referenced herein.

2.1.1 Automated Carts
At a minimum , the C ontractor will provide a new fully automated multi- bin system for the collection of residential solid waste and recyclable materials, green waste carts, and organic carts, bins, or totes for residential customers. The automated waste carts will have suitable handles and wheels, tight -fitting covers for holding garbage without leakage or escape of odors; and be constructed of watertight metal , plastic, or other composite material having the same or like properties with respect to construction and durability . The City shall approve the color of all containers used. Each automated cart will be hot stamped with the “City of Montebello,” including the City logo on the right and left side of the cart. Contractors may have their company name and phone number hot stamped on the front of each art. All cart lids must be color coded to comply with all CalRecycle legislative and administrative requirements and include identifying purpose and material description information.

Upon execution of the Franchise Agreement, it will be the sole responsibility of the Contractor to purchase new carts and replace all residential carts utilized for the service identified within thi s RFP. All costs incurred with the maintenance, repairs, cleaning, additional procurement, and storage of the carts shall be the sole responsibility of the Contractor.

2.1.2 Cart Colors and Markings
All Solid Waste, Recycling, Greenwaste and Organic carts will be differentiated by color or in compliance with all legislative and CalRecycle requirements. The colors shall be resistant to fading as a result of weathering. Color shall be either uniform within each container type or legislative or CalRecycle requirements, including replacement arts distributed throughout the t erm. All c art markings must be approved by City prior to ordering c arts. Graphics indicating how to properly dispose of waste shall be included on the cart lid. Carts shall be hot stamped with the Contractor’s name and phone number on the front and City name and along on each side. The Proposer must include in their work plan specifications and cut sheets from the proposed manufacturer along with a distribution plan for all carts. Proposer shall also provide details as to the manner and method that they will employ with respect to cart management, which must include the repair, maintenance, and exchange of residential recycling carts . Any associated charges shall also be included in this section.

2.1.3 Solid Waste Cart Collection
Contractor will distribute new 60-gallon solid waste c arts, Those customers wishing to order additional carts will be given the choice of 95-gallon, 48-gallon, or 21-gallon solid waste/recycling carts and 21-gallon or 12 -gallon organics carts. Additional carts shall be billed accordingly, per the approved Master Customer Rate Schedule (Attachment B). Customers with size restrictions will be offered the opportunity to downsize their default cart for smaller carts, equaling the similar

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 13 or right-sized volume capacity. Additional Solid Waste carts will be made available to residential service recipients per the approved Master Customer Rate Schedule.

Should a customer request a different size art, Contractor will exchange the cart(s) within fourteen (14) days. Rates for service will be no more than those set forth in the Maximum Customer Rates (Attachment B). Proposers must identify at the time of their proposal submission in their prepared response the manufacture specification s, size, and color options along with the lead time for the proposed automated carts.

2.1.4 Solid Waste Cart Overage
Residential cart customers are entitled to unlimited pickups of solid waste material that does not fit in the automated Solid Waste c art(s) at no additional cost. All pickups must occur on the day of regular collection and must be in excess of material placed in the automated cart.

2.1.5 Recycling Cart Collection
Contractors will distribute 95-gallon recycling carts to each residential service recipient. Up to two (2) additional 95- gallon recycling c arts will be made available to any customer requesting additional recycling capacity at no cost to the rate payer.

2.1.6 Green Waste Cart Collection
The contractor will distribute 95-gallon Green Waste carts to each residential service recipient. Up to one (1) additional 95-gallon Green Waste cart will be made available to any customer requesting additional capacity at no cost to the rate payer.

2.1.7 Bundled Green Waste Materials
Residential customers receiving Green Waste cart services will be allowed to place bundled branches that do not fit inside the c art alongside the cart for collection. Residential customers are allowed to place bundled Greenwaste debris, at no additional cost. Bundled Green Waste materials will be no longer than 48 inches in length and weigh no more than 20 pounds per bundle.

2.1.8 Organics and Food Waste Cart Collection and Recycling Contractor shall provide an “Optional” program and pricing for implementing a Residential “Organics Recycling Program” that includes Food Waste recycling pursuant to the recycling requirements of SB 1383 (2016). The proposer must address this program in the either the affirmative or negative, as to the implementation of said program. Those companies offering a Residential Organics Recycling program shall include their specific program guidelines including the collection component and processing component. Customers shall be charged a fee for such service per the Maximum Customer Rates (Attachment B).

2.1.9 Construction and Demolition
The Contractor shall provide exclusive commercial and demolition collection services to all residential customers and dwelling units serviced under this RFP . The Contractor, if requested, shall provide temporary clean-up bin service, roll off box service, and construction and demolition bins to residential properties in the City. Upon request, the company must deliver such temporary bin or box to the customer within 48 (forty -eight) hours of request (not including weekends or holidays). Rates for service will be in accordance with established Maximum Customer Rates (Attachment B). Temporary bin and box rates s hall be on a “per dump” basis, which includes service, transportation, disposal, and rental for up to 10 (ten) days including weekends. Additional fees may be added for rentals that exceed the 10 (ten) day policy.

2.1.10 Bulky Item Collection (Including E-Waste and U-Waste)

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 14 The Contractor shall provide unlimited bulky item collection to residential automated cart customers, at no additional charge to either the resident or the City. Contractor shall provide bulky item collection on the next scheduled collection day, provided Contractor was notified at least 48hours in advance of the regularly scheduled collection date. Bulky item collection shall include electronic and universal waste items. Customer shall have the right to unlimited Bulky Item pickups per calendar year, with up to five (5) items per pickup. The collector will be required to separate and recycle all commodities that can be feasibly recovered.

2.1.11 Abandoned Bulky Waste Collections.

The Contractor shall collect and remove at no charge any abandoned bulky waste items dropped in City public right -of-way areas or alleys; at City buildings, parks, and property; and other public locations that may be identified or acquired by the City. Collection shall be made within 24 hours of notice by the City or a custo mer of the Contractor . The city expects that the Contractor will provide a suitable collection vehicle and have such vehicle available to perform needed collections for up to three hours per day, Monday through Friday, between 7:00 a.m. and 4:00 p.m., with no service on holidays.

2.1.12 Public Outreach Program
Contractor shall implement a City -approved Multi -Lingual format: Montebello specific public outreach to coincide with the start of Residential collection services. This public outreach must be specific and unique to Montebello, and clearly establish the billing procedures, explain the billing format, clearly describe the customer’s responsibilities, and provide a customer service number for the Contractor. In addition, Contractor shall establish and maintain the following public educational programs and efforts in Multi-Lingual.

2.1.13 Bulky Item Diversion
Bulky Items c ollected by Contractor c ollected under this Agreement may not be landfilled or disposed of until Contractor has followed the following hierarchy of diversion efforts:

1. Reuse as is

2. Disassemble for reuse or Recycling

3. Donation

4. Recycle

5. Disposal
This hierarchy is intended to preclude the use of front or rear loading packer vehicles for Bulky Items, unless the compaction mechanism is not used to compact the Bulky Items, unless such items have been designated for disposal.

2.1.14 Roll-off Box and Temporary Processing (City Services) Contractor shall provide permanent and temporary bin and roll- off box collection service to the City upon request, at no charge to the City. Contractors shall process all Solid Waste Collected in bins and Roll-Off Boxes to recover Recyclable Materials prior to landfilling. The contractor will provide standard 10, 15, 20, 30, and 40 cubic yard roll-off boxes as well as low -boy or reduced- height containers.

2.1.15 Valet Service
Residents physically unable to roll their automated carts to and from the point of collection may request valet service. This includes persons with disabilities, the elderly or infirmed, or other people with an affliction that prevents them from rolling their carts to and from the point of collection. The Contractor will be required to remove the carts from the backyard, or other adjacent location of cart storage, to the curb for collecti on, and return said carts to their original storage locations by 6:00

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 15 p.m. the same day of service at no additional cost. In order to qualify for this program, customer must provide California DMV handicap credentials or other certified medical documentation issued by a licensed healthcare professional to Contractor annually.

2.1.16 Low-Income Senior Citizen Discount
The Contractor shall offer a low-income senior discount available to qualifying customers aged 65 and older who also qualify for Edison's low-income discount (Care Program). Customers will have to show their qualifying utility bill or related information. The discount will be available for all automated residential cart customers and will be at least 10% off the standard rate.

2.1.17 Holiday Tree Collection and Recycling
Contractor shall provide each residential dwelling, including Multiple -family and mobile home parks, with holiday tree collection and recycling. Customers must place their holiday tree at the curb for collection four (4) consecutive weeks, on their scheduled collection day, following December 26 of the applicable calendar year . Contractors shall also place a sufficient number of 40-yard roll off green waste containers at City Hall or other areas designated by the City during the same period. The number of green waste containers must be sufficient to ensure that there is not excess accumulation of holiday trees collected during the period.

2.1.18 Mulch Give-A-Way Program
The contractor shall conduct no less than two (2) free mulch give-a-way opportunities per calendar year for City residents at no additional cost. These services may be provided either by Contractor or by a third- party arranged for by the C ontractor. Free mulch giveaways shall be at the dates, times, and locations specified by the City . Although not required, w hen at all possible, mulch returned to the City should be inclusive of organic materials collected from the City.

2.1.19 City Mulch
At a minimum, Contractor shall provide the City with up to 360-cubic yards of mulch at no charge for the purpose of usage in City owned and/or maintained facilities, parks, areas, or common areas of the City . Although not required, when at all possible, mulch returned to the City should be inclusive of organic materials collected from the City.

2.1.20 Holiday Schedule
Holidays prescribed by the City of Montebello specific to Contractor service. These prescribed holidays include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. All collection activities scheduled during a prescribed h oliday will be collected on the following non-holiday calendar day except when said alternate collection day falls on a previously identified holiday. For example, if New Year’s Day falls on a Monday, trash shall be picked up on Tuesday. If the holiday falls on a Sunday, there will be no delay in service.

2.1.21 Removal and Recycling of Existing Carts
Contractor shall coordinate delivery of the new Solid Waste, Recycling, Greenwaste, and organics carts with the previous haulers' removal of existing c arts to minimize the period of time during which Residential Cart Customers are w ithout carts or have two sets of c arts. If prior Collection Contractor does not collect their carts at the start of service under this Agreement, Contractor shall Collect and store c arts until the City instructs Contractor to Recycle the c arts for maximum Diversion credit, or until the prior Contractor arranges to collect the carts from Contractor. During the term, if additional c arts belonging to the prior Contractor are placed for servicing or c art Collection during the term, Contractor shall remove carts from service and notify prior Contractor to make reasonable arrangements for pick up or Contractor shall be responsible for recycling the

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 16 arts. Neither City nor Customers shall be responsible for any of Contractor's costs associated with actions undertaken in accordance with this section.

2.2 Multiple-family Residential “Core” Collection Service Contractor shall provide commercial bin service and/or automated c art service to residential Multiple-family properties consisting of four (4) or fewer units at le ast once per week. A t a minimum, available bin sizes must include: 1.5, 2, 3, cubic yards. Properties receiving automated cart service and/or commercial bin services are included in herein and shall be deemed part of the Core Services.

2.2.1 Bins and Boxes
Contractor shall provide and maintain clean freshly painted bins and Roll- off Boxes, free from graffiti, equipped with reflectors, and shall have the name and phone number of Contractor prominently displayed in letters not less than three (3) inches high on the exterior of each bin and/or Box so as to be visible when the container is placed for use. All bins and boxes must be kept graffiti free at all times. Within twenty -four (24) hours of visible or informed sighting, Contractor shall touchup, repaint, or replace any bin or box tagged with graffiti or excess markings that are not part of the hauler’s collection program.

2.2.2 Multiple-family Processing
All Multiple-family residential properties as defined herein as four (4) or fewer dwelling units receiving noncommercial residential bin service may be processed at a materials recovery facility (MRF) or other facility provided that there is a demonstrated process of recovering and recycling at least 65% of the collected waste. If the proposer is unable to demonst rate a 65 percent (65%) diversion rate, it should demonstrate the maximum guaranteed diversion rate possible through the Multiple-family program and services referenced herein.

2.2.3 Bulky Item Collection (Including E-Waste and U-Waste) Contractor shall provide unlimited bulky item collection to all Multiple-family residents as defined herein at no additional charge. Contractor shall provide bulky item collection on the next scheduled collection day, providing Contractor was notified at least 48-hours in advance of the next scheduled collection date. Bulky item collection shall include electronic and universal waste items. Customer shall have the right to unlimited bulky item pickups per calendar year, with up to five (5) items per pickup.

Should a Multiple -family customer require additional bulky item collection service in excess of five (5) items for any single scheduled pick-up, customer shall not be charged a fee for such service.

2.2.4 Bulky Item Diversion
Bulky items collected by Contractor c ollected under this Agreement may not be landfilled or disposed of until Contractor has followed the following hierarchy of diversion efforts:

A. Reuse as is
B. Disassemble for reuse or Recycling
C. Donation
D. Recycle
E. Disposal
This hierarchy is intended to preclude t he use of front or rear loading packer vehicles for bulky items, unless the compaction mechanism is not used to compact the Bulky Items, unless such items have been designated for Disposal.

2.2.5 Holiday Tree Collection and Recycling – Multiple Family Dwellings

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 17 Contractor shall provide each multiple family residential dwelling, and mobile home parks, with holiday tree collection and recycling. Customers must place their holiday tree at the curb for collection three (3) consecutive weeks, on their scheduled collection day, following December 25. Contractors shall also place a sufficient number of 40 -yard roll off green waste containers at City Hall or other areas designated by the City during the same period . The number of green waste containers must be sufficient to ensure that there is not excess accumulation of holiday trees collected during the period.

2.2.6 Green Waste/Organics Recycling Collection – Multiple Family The Contractor shall offer 96-gallon automated carts and commercial bins for weekly green waste collection and recycling. Customers will have the opportunity to order the appropriate service level.

Available bin sizes include: 3 cubic yards. Collection frequency will be at least once per week and up to six (6) times per week.

2.3 Citywide Quarterly Clean-up Program
The City , along with the Contractor and third -party collectors, conduct quarterly citywide cleanup events at no additional cost to the City or cleanup participants or entities. City shall define the scope of this program a least 14 -days prior to the events and will communicate the need for service to the Contractors single point of contact or other persons designated by the Contractor.

2.4 Waste Diversion And Disposal Reporting Requirements The Contractor shall maintain accurate records of all data required to fulfill the perquisites of this section. All reports and reporting formats shall be approved by the City Manager or his/her designee.

All report submittals shall be in an electronic format appr oved by City, compatible with City’s software at no additional charge.

Monthly reports shall be submitted within thirty (30) days after the end of the reporting month.

Quarterly reports shall be submitted within thirty (30) days of the reporting quarter . Annual reports for which a date is not otherwise specified in this Agreement shall be submitted within twenty (20) calendar days after the end of the calendar year, by January 20th . The Contractor must provide all information in a format approved by the Cit y and will be subject to Audit by the City at least once per year or once per quarter as may be deemed appropriate by the City.

SECTION 3: KEY AGREEMENT TERMS
A comprehensive description of the Agreement terms is contained in the draft Franchise Agreement. The following Key Terms are contained herein to draw the proposers’ attention.

3.1 Agreement Term
The term of the Agreement shall be for a period of ten (10) years with two review periods after years five (5) and seven (7).

3.2 Annexation
If additional area is annexed to the City, residential areas shall be added to the Solid Waste and Recycling Collection areas, subject to the legal rights of others to provide services in that area.

The franchise holder shall provide services to those areas.

3.3 Mandatory Collection

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 18 The City franchised collector shall collect all residential solid waste and recyclables in accordance with the terms of the Franchise Agreement.

3.4 Billing And Collection
Every occupant or owner of property in the City shall be billed on the customers’ property tax bill as submitted with the County of Los Angeles, for the charges incurred by the collection of solid waste, recycling, and related services . Contractor may bill the property owner for extra service that fall outside of the regular services in accordance with the approved Master Customer Rate Schedule (Attachment B).

3.4 Education And Public Awareness
The City recognizes that effective public education is the key to implementing effective programs and achieving the diversion requirements of AB 939, AB 1826, SB 1383, and future subsequent legislations. See Draft Franchise Agreement for specific requirements relating to minimum public outreach requirements.

3.5 Minimum Recycling Rate
Contractor shall propose a minimum recycling rate of sixty-five percent (65%) for all solid waste it collects under this Agreement. Recycling of materials not collected by the Contractor is not counted towards meeting the recycling requirement of this RFP.

3.6 Company’s Employees
The company’s employees shall be required to wear a clean uniform bearing the company’s name.

Employees who come into direct contact with the public shall also bear some means of individual identification, such as a nametag or identification card. Employees shall not remove any portion of their uniform while working within the City.

3.7 Records And Reports
The City shall require specific reporting and recordkeeping requirements in the completion of collection activities. Storage of specific reports and records must be kept in electronic format for the entire term of this agreement and for no less than five (5) years after the expiration and/or termination of the Agreement and be available upon request within seven (7) days.

3.8 Responsibility For Damages And Injury/Indemnification The City shall require that the company indemnify the City as set forth in the Draft Franchise Agreement. The company shall become familiar with the City and shall provide adequate safeguards to prevent damage to existing structures and impr ovements to its operations. All property damage shall be replaced and/or repaired, at the company’s expense, to the original condition and to the satisfaction of the property owner.

3.9 Cooperation With Utility And Other Companies
Work within the City may be performed by utility and construction companies, which may obstruct the public right of way or properties at which service is to be provided from time to time. It is the responsibility of the company to be informed of work plann ed by these parties and to coordinate Solid Waste and Recycling Collection work accordingly in such a manner as to not provide an undue burden on The City of Montebello or its residents.

3.10 Reporting And Auditing
The Proposer should review the Draft Franchise Agreement, which contains detailed auditing, reporting and record keeping requirements. The Proposer shall familiarize themselves with these requirements.

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 19

3.11 Clean-Air / Clean-Burning Collection Vehicles
Pursuant to the requirements of Rule 1193 of the AQMD requirements, Collector shall propose and route only collection compressed natural gas (CNG), liquefied natural gas (LNG), or any other clean-air vehicle that meets Rule 1193 at the commencement of the Agreement.

The Contractor must comply with all California AQMD requirements and demonstrate their ability to comply, provide, and/or procure the aforementioned vehicles within one (1) year of service commencement. If the Proposer is unable to procure the aforementioned vehicles within the stated timeframe, they should provide a justification as well as a time period for which the referenced vehicles will be procured . All vehicles used for the services referenced herein must not be older than five (5) years old prior to the start of the services p rovided herein. All vehicles must be registered in the State of California and with the contractor or entity to who is providing the service to the City under the Franchise Agreement.

3.12 Quality Of Service Surveys
The City requires that the Contractor provide, at its own expense, annually a “quality of service” survey of Contractor ’s customers during the term of the Agreement in a format approved by the City. At the discretion of the City, the survey shall be conducted by a City approved third-party at the sole expense of the Contractor . Prior to finalizing the survey form, the City shall review the survey with the Contractor . The results of the survey and the quality -of-service survey shall be provided to the City, reviewed with the Contractor , and used to discuss improvements in service delivery.

3.13 Rate Adjustment
Initial rates will be set based on the rates proposed in accordance with the approved Master Customer Rate Schedule (Attachment B) and shall be fixed through the first twenty-four (24) months of the new Agreement for which services commence. The rates may, thereafter, be annually adjusted based on a +/- 3-percent annual change in the Consumer Price Index (CPI) and may not exceed once per calendar year . Requests for CPI adjustments must be based o n actual services provided to the City, must be supported by actual documentation and verifiable increases, and are not automatic in their approval. No general rate increases are permitted unless actual documentation for City provided services can be verif ied. Additional details can be found in the draft franchise agreement.

3.14 Authority To Withdraw RFP and/or Not Award Contract And Possible Legal Challenges.

The City of Montebello reserves the right to withdraw this RFP at any time without prior notice whether or not responses have been submitted to and/or received by the City. The City reserves the right to postpone the opening of proposals at its own convenience and to reject any and/or all proposals responding to this RFP without indicating any reasons for such rejection. The City shall not be obligated to any company to enter into a Franchise Agreement with the company despite City Council’s prospectively awarding the Franchise Agreement to a Proposer. The City shall be obligated to a Proposer if and only if City enters into a Franchise Agreement for the services with the Proposer. No action will lie against the City to compel it to execute a Franchise Agreement or to recover from the City any damages or costs any Proposer may incur if the City elects to sign a Franchise Agreement. The City reserves the right to modify the Draft Franchise Agreement to effectuate the intent of this RFP and the City’s collection services program more fully.

3.15 Public Records Act
All correspondence with the City , including responses to this RFP, will become the exclusive property of the City and will be public records under the California Public Records Act

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 20 (Government Code Section 6250 and following). The City will maintain the confidentiality of the proposals before it announces a recommendation for award. If a responder to the RFP believes that portions of its proposal are exempt from disclosure under the Public Records Act, it must be marked as such and specifically state the factual and legal basis for exempt ion. If a request is made for information marked as proprietary or a trade secret, the City will provide the submitter reasonable notice to seek protection from disclosure in court.

3.16 Maximum Customer Rates
The franchise holder, not the City, establishes customer rates. However, because the City proposes to grant an exclusive franchise, the Franchise Agreement will set maximum permitted rates for the first two (2) years of service. In the following years, the maximum permitted rate will be adjusted by a formula based on changes to the Price Index(s) as described herein and in the draft Franchise Agreement. The total annual maximum rate increases are explained in the Franchise Agreement.

3.17 Franchise Fees Payable To City
Contractors shall pay a quarterly fee to the City equal to sixteen percent (16%) of Gross Receipts collected the preceding quarter for any franchise service, or related service, provided under this Agreement. This Franchise Fee is a specific public benefit remitted to the City in recognition of the granting of this F ranchise and is not subject to any percentage reduction or “net -of-fees” computation without the expressed approval of the City Council.

Franchise Fee payments are due 30 days after each preceding month’s end, up to and including the final month of this Agreement. Any underpayment or non-payment of Franchise Fees is subject to a delinquent payment penalty of two percent (2%) compounded per month, or any fraction of a month beyond the prescribed due date. This is an agreed upon penalty that is cumulative upon any balances owing or subsequently found as owing through audit or other means.

In addition, the City reserves the right to collect a one-time award of Franchise Fee. Bidders may include in their proposal an amount which each Bidder submits is a fair one-time award of bid fee that they would pay if awarded the Franchise.

3.18 Initial Fee Upon Award
In exchange for the City granting the Exclusive Franchise pursuant to this Agreement, Contractor shall pay to City a one -time administrative fee, to be paid no later than thirty (30) days after the Effective Date (Section 2.3 of the Draft Agreement) , to reimburse the City for all costs related to the preparation of the Request for Proposals that led to the selection of the Contractor , and the City’s legal fees (attorneys’ fees and costs) and professional fees (consultant fees and costs), incurred in t he negotiation, research and drafting of this Agreement which amount shall be one hundred thousand dollars ($100,000.00).

3.19 AB 939 Program Payment Fee
The Contractor shall annually remit payment in the amount of thirty thousand dollars ($30,000.00) or 16% of Gross Receipts, whichever is greater, to reimburse the City for costs related to compliance with State recycling mandates, public education, City staff expense for oversight and review of Contractor recycling activities, and the cost of professional con sulting services as determined necessary and/or beneficial by the City.

3.20 Performance Audit Fee
The Contractor shall annually remit payment in the amount of thirty thousand dollars ($30,000.00) for a third-party review and audit of Contractor performance and records. Such an audit will verify the accuracy of F ranchise Fee payments as well as the Contractor’s implementation of programs and general compliance with the terms of this Agreement.

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 21

3.21 Good Corporate Citizenship
The holder of the Exclusive Residential solid waste/recycling Franchise is a visible and important part of the Montebello community and has traditionally been an exemplary “Corporate Citizen,” supporting local non-profit organizations in the community and strengthening Montebello in other ways. Proposals should describe the commitments that the company will make to continue or expand on that tradition. See “Attachment C” for further information.

3.22 Performance Bond And Letter Of Credit
Within 10-days of the of the award notification, the Contractor shall provide the City with a Performance Bond and/or Nonrevocable Letter of Credit for a total surety of seven hundred and fifty thousand dollars ($750,000.00) or the equivalent of t hree (3) quarters of rate service, whichever is greater.

3.23 Surety/Bid Bond
Each proposal must be accompanied by surety made payable to the City of Montebello in the amount of twenty -five thousand dollars ($25,000.00) in the form of a certified check, c ashier’s check, or bid bond.

3.24 Proposal Evaluation Criteria
Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criteria in its evaluation and comparison of the proposals submitted.

The criteria listed are not necessarily an all -inclusive list. The order in which they appear is not intended to indicate their relative importance. See Section 5 of this Document for a complete listing of Evaluation Criteria.

NOTE: Maximum customer charges will not be the sole criteria for awar d of this Co ntract. All criteria will be considered.

3.25 Conflicts Of Interest
City officials may not participate in any decision in which they have a financial interest under the California Political Reform Act (Government Code Sections 87100 and following.) Cities may not contract with any company in which members of their Council have a disqualifying interest under Government Code Section 1090 and following. In order to identify any legal conflicts of interest, company’s submitting a proposal must identify any officers, directors, employees, or ownership interests that would constitute a financial interest under the Political Reform Act or Government Code Section 1090 and following for any elected or appointed City official, employee, or agent.

3.26 Familiarity With Laws And Ordinances
Companies are required to comply with all provisions of State, Federal, County and City laws, ordinances, rules, and regulations that are applicable to them and their operations. The submission of a response to this RFP shall be considered a representation that the company making the proposal is familiar with all such laws, ordinances, rules, and regulations.

3.27 Draft Franchise Agreement
The proposer must review the entire Draft Franchise Agreement for details relating to the specific requirements of this Request for Proposal. Should the Proposer find items that are not acceptable to the Contractor, the Contractor must identify accordingly in their response proposal. The final approved Franchise Agreement will incorporate the successful Proposer’s response to this RFP.

3.28 Quality Of Service Surveys

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 22 The City requires that the Contractor provide, at its own expense, annually a “quality of service” survey of Contractor ’s customers during the term of the Agreement in a format approved by the City. At the discretion of the City, the survey shall be conducted by a City approved third-party at the sole expense of the Contractor . Prior to finalizing the survey form, the City shall review the survey with the Contractor . The results of the survey and the quality -of-service survey shall be provided to the City, reviewed with the Contractor , and used to discuss improvements in service delivery.

3.29 Curbside Recycling Audits
The contractor is required to conduct biannual waste composition audits, at no charge to the City, of the solid waste collected from residents in curbside recycling containers. The purpose of this audit is to establish the materials and their relative percentages by weight in the residential curbside waste stream. The City and/or its designee shall have the right to be present to oversee the Contractor while this audit is conducted.

3.30 Rate Composition
During the Term of this Agreement, all Franchise rates will be divided into two rate components:
“Collection” and “Disposal.” Such a “component” breakdown must be disclosed to the City within the initial rates for this Agreement and as part of any subsequent rate increase request by the Contractor. Such collection components are not required to be listed in franchise rate sheets or included on billings to the Contractor’s customers.

3.31 Information / “How-To” Video
The contractor shall develop, produce, and provide for customers an informative How -To video.

The produced video shall i nform residential customers of program services available, recycling opportunities, and general information on billing and customer service information.

SECTION 4: PROPOSAL FORMAT AND CONTENT
This Section includes the required proposal format, and a description of the specific information Proposers must include. Proposer must provide the information specified in this section as part of its proposal. Failure to provide all the required information may be grounds for rejection of a proposal.

Proposals should be typed as briefly as possible. They should not include any elaborate or unnecessary promotional material. Proposer must submit five (5) complete copies of their company’s Proposal, one (1) original with wet signatures and one (1) electronic copy with all attachments on a thumb drive. Each company should adhere to the following order and content of proposal sections:

4.1. General Requirements
A. Title page
B. Cover Letter
A cover letter should summarize key elements of the proposals. An individual authorized to bind the company must sign the letter. Please include the address and telephone number of the company’s office located nearest to Montebello , California, and the off ice from which the Franchise Agreement (Attachment D) will be managed.

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 23 The letter must stipulate that the proposed maximum customer rates shall be fixed and valid through the first twenty-four (24) months of the new Agreement for which services commence. and that any future increases will be limited by the information cont ained herein and the Rate Adjustment formula stipulated in the Draft Franchise Agreement.

The letter must also state that the proposing c ompany understands and accepts that the data supplied is for informational purposes only and that the prospective bidder has taken the steps necessary to verify the number of homes, multiple-family residences, containers, routes, tonnage volumes, and collection area in preparation of the submitted proposal. The proposer must include a statement that they have reviewed the entire Request for Proposal including Attachments A-F inclusive of the Draft Franchise Agreement and take either no exceptions or have included any exceptions in therein.

Furthermore, the Contractor understands and accepts that within thirty (30) days upon execution of the Franchise Agreement (Effective Date), the company will be required to make payment to the City of Montebello in the amount of one hundred thousand dollars ($100,000.00) to cover the costs associated with the RFP process. The letter should further state, as a condition of the Franchise Agreement, the company will remit at least sixteen percent (16%) of annual gross receipts to th e City and at no time will F ranchise fee costs or any City Program fee costs be added to customer billing statements or passed on to its customers.

C. Table of Contents
The Proposer must include a Table of Contents and follow the numerical values identified in Section 4 of this RFP. Responses received that do not comply with the numerical formatting may be reduced in score or determined to be nonresponsive for the purpose of the evaluation process.

4.2. Business Structure: Provide The Following Information Regarding The Proposing Entity And Entity That Would Provide A Corporate Guarantee, If Applicable.

A. Legal name of proposing entity that would sign the Franchise Agreement and whether it is an individual, a partnership, a corporation, or a joint venture.

B. Name of the entity that the services will be conducted under ( common name used for Montebello business).

C. Entity that would submit financial statements and whether it is an individual, a partnership, a corporation, or a joint venture. If other than proposing entity, indicate relationship and willingness to sign corporate guarantee.

D. Number of years in which the proposing entity has been organized and doing business under this legal structure (if other than an individual).

E. Number of years in which proposing entity has been organized in the State of California and doing business under this legal structure and/or DBA.

F. Names and contact information of owners/stockholders with more than 10% of the company's equity.

G. Names and contact information of all officers affiliated with the proposing entity , parent company, or DBA.

H. Corporate headquarters location and contact information.

I. Local headquarters (if different from corporate).

4.3. Donations And Gifts
Proposers must provide detailed information on any/all gifts, donations, or other items provided to any Montebello Elected Officials, City Staff, City Appointees, City C ommissioners, Volunteers,

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 24 within the last 4 years . Campaign contributions ar e not required to be reported if they have been properly noticed and recorded according the California Fair Political Practices Commission (CFPPC) (FPPC Regulations (ca.gov)).

4.4. Experience And Qualifications
The successful Proposer shall have at a minimum five (5) years of experience with hauling and collecting solid waste and recyclables in a community of similar size as the City of Montebello, must hold a solid waste hauler license within the City as of July 1, 2024, and be in good standing with the City of Montebello. For the purpose of this solicitation, good standing shall include, but not limited to, compliance with the provisions set forth in Chapter 8.12 of the MMC, Resolut ions 17-62 and 20-97, Ordinance 2445, and has not been issued a notice to terminate, suspend or revoke a license or franchise.

The successful Proposer must be qualified by experience, adequate financing, staffing, and equipment to provide the services specified in this RFP. Describe all recent experience (ten years suggested) in providing services of the type being proposed in this RFP. Include on each listing the following:

A. Name of the agency/jurisdiction issuing a franchise, permit or agreement in which services were/are provided.

B. A description of the services provided.

C. Primary agency contact, address, telephone number, and email address.

D. Dates for the contract or other agreement under which services were provided.

E. Name of the person or persons at the company primarily responsible for supervising or managing the services and their respective responsibilities.

4.5. References
The proposer shall provide at a minimum of three references but no more than five references. For each reference, indicate the following:

A. Reference name and Title.

B. Organization affiliation.

C. Complete contact information including mailing address, email address and telephone number.

The City reserves the right to reference check any and/or all of the organizations or individuals listed.

4.6. Organization And Staffing
Describe the Proposer’s approach and methods for implementing and managing the services to be provided under the contract including all reporting and other requirements. Each proposer must provide an organizational chart showing internal and external team members including any contractors, subcontractors, consultants, no nprofits, or other entities that will be utilized in the performance of any of the identified services or work, as well as the specific services they will be providing. Describe the responsibilities and percentage of time of each person on the team. Identify the person(s) who will be the key contact(s) with the City of Montebello . Please include resumes for key members of the team with particular emphasis on their experience, qualifications , and association status with your firm, whether employee, contractor, or subcontractor . If the services that you are proposing are not provided 100% by your firm, you must provide a written statement of the extent of your firms’ services, as well as clearly document how all of the requested services will be accomplished.

4.7. Background
The Background section should describe the Proposer’s understanding of the City and the service to be provided. Each proposer is required to independently verify the number of homes, businesses,

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 25 Multiple-family residences, containers, routes, tonnage volumes, and collection area in preparation of their proposal. Please explain your company’s verification process while providing the data and methodology utilized in the preparation of your proposal.

4.8. Work Plan And Methodology
This section should describe the services the Proposer will provide and the methodology for providing said services. The “Work Plan” must include the methodology and actions the proposer will implement in meeting the requirements of the RFP and the Draft Franchise Agreement.

Make evident the methodology your company will implement in meeting State of California diversion requ irements associated with AB939 , AB1826, AB1383, and other statutory requirements. Additional points may be awarded to the Proposer(s) that offer diversion rates above the minimum diversion requirements set forth in Attachment A if they can be independently corroborated.

Include a comprehensive list of all propose d contractors, subcontractors, facility names, SWIS number and addresses where materials will be delivered and sorted. Include the type of permit for the facility ( i.e., certified to receive recyclable materials, household Solid Waste , etc.). State the permitted total tonnage allowed (capacity) at facility per day, current tonnage of materials received, and published diversion rates.

The successful proposers “Work Plan” will become an attachment to the Franchise Agreement.

This “Work Plan” section of the proposal will be identified in the final Franchise Agreement as “Attachment E.”

4.9. Disposal & MRF Facilities
Proposer is to identify each disposal and non-disposal facility(ies) Proposer intends to utilize during the Term of the Agreement. Proposer shall include the following information for each facility:

A. The name, address, website, and type of facility.

B. Facility Solid Waste Information Systems (SWIS) Number.

C. Statement regarding any relationship between the proposer and the facility owner/operator.

D. Commodity/Materials to be delivered to each facility.

E. Diversion rate for each waste stream.

4.10. Schedule of Services
The Proposer shall adopt a schedule for providing services to locations and frequencies set forth in a separate agreement with the City Manager. Include in this section your proposed suggestions for collection times, routes, scheduled time of collections, and other policies and/or proced ures not presented in the above work plan.

The Proposer must develop a schedule of service that ensures that scheduled service misses to not exceed one percent (1%) per month for the first year and one percent (1%) per quarter for each subsequent year. To avoid conflict and/or interference with the City’s street sweeping programs, all scheduled services, routes, collection dates and times, are subject to approval of the City which may not be unreasonably withheld.

4.11. Equipment List
Pursuant to the requirements of Rule 1193 of the AQMD requirements, Collector shall propose and route only collection compressed natural gas (CNG), liquefied natural gas (LNG), or any other clean-air vehicle that meets rule 1193 at the commencement of the Agreement.

The Contractor must comply with all California AQMD requirements and demonstrate their ability to comply, provide, and/or procure the aforementioned vehicles within one (1) year of service

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 26 commencement. If the Proposer is unable to procure the aforementioned vehicles within the stated timeframe, they should provide a justification as well as a time period for which the referenced vehicles will be procured . All vehicles used for the services referenced herein must not be older than five (5) years prior to the start of the services provided herein. All vehicles must be registered in the State of California and with the Contractor or Entity to who is providing the service to the City under the Franchise Agreement.

Contractor shall provide evidence that prior to the Franchise Start Date of this Agreement, Contractor will possess or will have within one (1) year of the start of the agreement , a fleet of alternatively fueled collection vehicles sufficient in number and capacity to perform efficiently the work required by this Agreement in strict accordance with its terms. Collection vehicles must meet all applicable local, state, and federal air quality laws, rules, and regulations, including, but not limited to, South Coast Air Quality Management Distr ict Rule 1193 relating to alternative fueled trash collection equipment. If the Proposer is unable to procure the aforementioned fleet of vehicles within the stated timeframe, they must provide a justification as well as a verifiable time period for which the referenced vehicles will be procured. Such verification must include specific purchase orders or other document ation inclusive of delivery dates and certified by the equipment manufacturer.

During the first twelve (12) months of the Agreement, Contractor may operate with used clean-air collection vehicles no older than five (5) years of age and may be used during the transition and first year of the Agreement. During the first term year, the Contractor shall provide evidence of an order to purchase new clean-air collection vehicles, with a delivery date on or before the thirteenth (13) month of the Term. The fleet of clean-air or alternatively fueled vehicles shall be no older than seven (7) years of age at any time during years two (2) through ten (10) of the Agreement.

Please attach a table that includes the following information for each vehicle to be used in the first 12- months of this Franchise.

A. Make
B. Model
C. Year
D. Mileage
E. Vehicle Identification Number
F. Type of Fuel to be Used
G. Waste Stream to be Collected
H. Registered Owner

4.12. Employee Safety Training And Equipment Safety Records Describe your Organization’s training and health/safety programs for your employees. Describe employee response procedures when hazardous wastes are encountered during collection activities.

Include any employee manuals as appropriate. Provide all equipment safety records/inspections, BIT inspection, and CHP reports or citations for the most recent three (3) years.

4.13. Implementation/Transition Plan
Provide a detailed implementation plan describing the company’s plan for facilitating a smooth transition of services and, if applicable, a smooth transition between service providers. The proposal must clearly demonstrate th at the company has the ability to implement the services including equipment, educational outreach, personnel administration, and maintenance requirements. Please describe any assistance that will be needed from City staff during the transition period . Proposer must include a delivery schedule with any lead-time needed for the purchase of new bins, carts, roll- off boxes, and vehicles.

4.14. Organics Waste Recycling

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 27 Proposer shall describe in their Work Plan a clear understanding of Organics Recycling (AB1826 and SB1383), and specifically identify Proposer ’s’ methodology of implementing said Organics Recycling Program(s) for each identified waste sector, as presented in this Document and the Draft Franchise Agreement.

4.15. Minimum Recycling Requirement
The Proposer shall document and fully demonstrate how it will achieve a residential (as defined here in as 1-4 dwelling units) recovery and recycling rate of at least 65% of the collected waste. If the Proposer is unable to demonstrate a 65 percent (65%) diversion rate, it should demonstrate the maximum guaranteed diversion rate possible through the program and services referenced herein.

4.16. Customer Service
Contractor must provide customer service in English and Spanish. Proposer must fully describe the company’s plan for providing customer service in the City of Montebello, including the following:

A. General customer service including responding to customer inquiries and keeping the City informed of problems/issues that arise; Proposer must be able to facilitate customer service services in both English and Spanish.

B. Quarterly billing for services.

C. Customer outreach describing programs, services, and events (to be completed at the company’s expense). Company shall include such program/information at least twice annually; all material shall be reviewed with the City prior to distribution; all educational materials and public outreach must be in English and Spanish.

D. Proposer must facilitate a Website for the communication of services, recycling opportunities, bill paying services outside of the core services referenced herein and City communications relevant to waste collection, hazardous waste, special collection events, and public outreach. This site must be presented in English and Spanish.

E. At least one (1) dedicated staff member to respond to service inquiries. Such person should be identified in the Proposer’s proposal.

F. The Proposer must have a “toll-free” telephone number for the residents of Montebello to utilize for all customer service and billing needs.

4.17. Financial Stability
To demonstrate the financial stability of the responding company, each proposer will be required to submit a compiled audited financial statement for the past three (3) fiscal years. Include balance sheets and profit/loss statements, as appropriate. Additionally, the proposer must submit a listing of all leans, encumbrances, debts, bankruptcies, and the like for the last five (5) years for any public, private, or other entity.

All financial information submitted will be held confidential to the extent permitted by law.

Financial statements should be delivered inside of a sealed envelope, separate from the Contractor’s proposal, labeled “CONFIDENTIAL FINANCIAL INFORMATION.”

4.18. Insurance Information
Include documentation from your insurance carrier confirming that the responding company meets the minimum insurance requirements as stipulated in Article 11 of the Draft Franchise Agreement.

4.19. Past/Pending Litigation: Lawsuits, Claims, Judgments, Penalties, Fines And Violations

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 28 Proposer shall disclose any and all past or pending litigations, lawsuits , claims, settlements, judgments, penalties, fines and/or violations incurred or in process for the past ten (10) years in the areas referenced below.

A. Environmental & Safety
B. Criminal Actions
C. Enforcement Actions
D. Procurement Contests
E. Breach of Agreements/Contracts
F. Class Actions brought against proposer, regardless of resolution G. Labor disputes, including strikes, walkouts, or slowdowns H. Debarment from any public entities within the last ten (10) years The Proposer should include all pertinent information (public or private) including but not limited to, date, entity or parties involved, nature/reason, and outcome (i.e., Pending, Settled, Continued, Ongoing, etc…).

4.20. Guarantees and Surety
A. Performance Guarantee
Provide a letter from a surety stating your O rganization’s ability to obtain a performance bond in the amount of seven hundred fifty thousand dollars ($750,000.00).

B. Bid Bond
Each proposal must be accompanied by surety made payable to the City of Montebello in the amount of twenty -five thousand dollars ($25,000.00) in the form of a certified check, c ashier’s check, or bid bond.

4.21. Statement of Compliance
Proposer must submit a Statement of Compliance with all terms and conditions of the RFP (including all terms of the Draft Franchise Agreement), and, if any, a listing of exceptions and suggested changes. A description of any cost implication for the suggested changes must also be included. The Statement of Compliance must declare either:

A. This proposal is in strict compliance with the Request for Proposal and Draft Franchise Agreement and no exceptions to either are proposed; or
B. This proposal is in strict compliance with the Request for Proposal and Draft Franchise Agreement except for the items listed
C. For each exception or suggested change, the Proposer must include a full and complete justification for the exception or suggested change.

D. Reasons for submitting the proposed exception or change E. Any impact the change or exception may have on Franchise Agreement costs, scheduling, or other considerations
SECTION 5: PROPOSAL EVALUATION CRITERIA
Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criteria in its evaluation and comparison of the proposals submitted. The criteria listed are not necessarily an all-inclusive list. The City reserves the right to modify or adjust the criteria listed below and reserves the right to adjust the total points available for each category listed . Irrespective of the total points received by any Proposer, the City also reserves the right to award the Agreement to the company which the City, in its sole discretion,

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 29 deems is best suited for the needs of the City in providing the services set forth in this RFP. The order in which they appear is not intended to indicate their relative importance:

Item Description Points Available

4.1, 4.2, 4.3 Document Organization & Completeness 10

4.4 Experience and Qualifications 20

4.5 References 5

4.6 Organization and Staffing 10

4.7 Background 10

4.8 Work Plan & Methodology 20

4.9 Disposal & MRF Facilities 15

4.10 Schedule of Services 5

4.11 Equipment List 10

4.12 Employee Safety & Training 10

4.13 Implementation/Transition Plan 15

4.14 Organic Waste Recycling 15

4.15 Minimum Recycling Requirement 5

4.16 Customer Service 5

4.17 Financial Statement 20

4.18 Insurance Information 5

4.19 Past/Pending Litigation 10

4.20 Guaranties and Surety 10

Attachment B Proposed Rates 50
Total Points Available (This Section) 250

DIVERSION CEDITS

2.1 & 2.2.2 Additional Diversion Processing Above Min. 10 Total Extra Credit Available 10
TOTAL PROPOSAL POINTS 260

Notes:

1. Should Proposer submit a “Work Plan” (Section 4.8) that is incomplete and not inclusive of all of the items, the Proposal will be deemed “Non -Responsive” resulting in a zero score for that particular incomplete item, and the Proposal may be disqualified from further consideration (To be determined by City Manager).

2. Maximum customer charges will not be the sole criteria for award of this Contract. All criteria will be considered.

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 30

SECTION 6: LIST OF ATTACHMENTS

Attachment A City Map
Attachment B Maximum Permitted Rates Schedules
Attachment C Good Corporate Citizen Statement
Attachment D Draft Franchise Agreement
Attachment E Work Plan (Place holder for Proposers’ Response to this RFP)

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 34

ATTACHMENT A: CITY MAP

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 35

ATTACHMENT B-1: TOTAL MAXIMUM PERMITTED RATE SCHEDULE

RESIDENTIAL SERVICES
Following are the rates are from the first day that services are provided through June 30, 2027:

Monthly Residential Cart Service Rates*
Standard Service includes: One 60-gallon Solid Waste, One or more 95-gallon Recycling, and up to Two 95- gallon Green Waste Carts, and 35-gallon collection carts.

Monthly Quarterly
Standard Service $ $
Low-Income Senior Rate (1) $ $
Additional Solid Waste Cart - above standard service
Additional Solid Waste Cart - 95-gallon $ $
Additional Solid Waste Cart - 48-gallon $ $
Additional Solid Waste Cart - 21-gallon $ $
Additional Recycling Cart - 95-gallon $ $
Additional Recycling Cart - 48-gallon $ $
Additional Recycling Waste Cart - 21-gallon $ $
Additional Organic Waste Cart - 21-gallon (SB 1383) $ $ Additional Organic Waste Cart - 12-gallon (SB 1383) $ $ Additional Green Waste Cart - above two (95-gallon) $ $ Other Residential Cart Rates and Services* (Charged in Addition to Cart Service Rates) Valet Service - Authorized Disabled Customers Only. No charge Additional Special Overage Pickup for Automated Cart Customers (in excess of four pickups per year)
$
*Including all City fees.
(1) Low-income 10% Senior rate discount includes One 60-gallon Solid Waste, One or more 95-gallon Recycling, and up to Two 95-gallon Green Waste Carts, and 35-gallon collection carts.

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 36 ATTACHMENT B-2: TOTAL MAXIMUM PERMITTED RATE SCHEDULE

MULTIPLE-FAMILY SERVICES
Following are the rates are from the first day that services are provided through June 30, 2027:

Standard Multiple-family Services Number of Collections Per Week Container Type/Size 1 2 3 4 5 ADDITIONAL PICKUPS
(SAME DAY)
95-Gallon Containers (Additional)

1.5 Cubic Yard Bin (MSW)
2 Cubic Yard Bin (MSW)
3 Cubic Yard Bin (MSW)

1.5 Cubic Yard Bin (Comingled Recycling)
2 Cubic Yard Bin (Comingled Recycling)
3 Cubic Yard Bin (Comingled Recycling)
Green Waste - 3 Cubic Yard Bin (AB 1826)
Locking Bin
Extra Dump Charge (2 & 3 CY Bin)
On-Call Bulky Item Collection
On-Call E-Waste and U-Waste Collection

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 37

ATTACHMENT B-3: TOTAL MAXIMUM PERMITTED RATE SCHEDULE

TEMPORARY BIN/BOX SERVICE
Following are the rates for March 1, 2020, through June 30, 2021:

Standard Temporary Bin/Box Service Charge
Container Type/Size Pickup/Delivery
Charge
Per Dump
Charge
*Overweight
Charge
Per ton
Daily rental
after 7 days
without dump
Dead Run
charge
10 Cubic Yard Rolloff Bin (C&D, Other) $ $ $ $ $
15 Cubic Yard Rolloff Bin (C&D, Other) $ $ $ $ $
20 Cubic Yard Rolloff Bin (C&D, Other) $ $ $ $ $
30 Cubic Yard Rolloff Bin (C&D, Other) $ $ $ $ $
40 Cubic Yard Rolloff Bin (C&D, Other) $ $ $ $ $
Low-boy or reduced-height containers $ $ $ $ $ *Overweight charge shall only apply to loads in excess of seven (7) tons.

Rate Composition
During the Term of this Agreement, all franchise rates will be divided into two rate components: “Collection” and “Disposal .” Such a “component” breakdown must be disclosed to the City within the initial rates for this Agreement and as part of any subsequent rate increase request by the Contractor.

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 38

ATTACHMENT C: GOOD CORPORATE CITIZEN STATEMENT

1. Good corporate citizens enhance Montebello through employment practices:
• Hire Montebello residents when possible
• Provide training and promotion opportunities for all workers • Provide adequate wages and benefits
• Provide safe, clean, and healthy work environment
• Provide family friendly benefits that support family life such as maternity/paternity leave, childcare and day care

2. Good corporate citizens enhance Montebello through environmental responsibility:
• Use Montebello sources for goods
• Minimize use of resources
• Used recycled content products wherever possible
• Use energy efficient systems
• Support opportunities for employees to use carpools/public transportation

3. Good corporate citizens enhance Montebello through excellent customer service practices:
• Being responsive to Montebello residents’ complaints
• Being courteous and helpful
• Being bi-lingual
• Extending a helping hand to the seniors and handicapped

4. Good corporate citizens enhance Montebello through financial practice:
• Purchase supplies locally
• Support Montebello youth teams, local schools, and community organizations. • Support volunteerism and community involvement by employees • Support and participate in Montebello community events

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 39

ATTACHMENT D: DRAFT FRANCHISE AGREEMENT

THE DRAFT AGREEMENT IS PROVIDED AS A TEMPLATE OF ANTICIPATED TERMS. FINAL TERMS SHALL BE DEFINED UPON THE AWARD OF FRANCHISE.

City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 40 ATTACHMENT E: WORK PLAN

(PLACE HOLDER FOR PROPOSERS’ RESPONSE TO THIS RFP)

ITEM # 8

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 A FUNDING APPLICATION FOR THE SAFE STREETS AND ROADS FOR ALL (SS4A) PROGRAM

DATE: May 22, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize Staff to submit a funding application for the Safe Streets and Roads for All (SS4A) Program; and

2. Authorize the City Manager and/or the Director of Public Works to sign all applicable grant application documents; and

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

FISCAL IMPACT:

The Federal share of Safe Streets and Roads for All grant may not exceed 80 percent of total eligible activity costs. The City’s local matching share is a minimum of 20 percent of eligible activity costs. All matching funds must be from non-Federal sources. The total cost of the Action Plan that conforms with the eligible criteria as described below is estimated at $800,000. Federal reimbursement is $640,000, with a City local match of $160,000.

Should the City be successful in receiving the grant funds, Staff will return to the City Council with request to appropriate the funds - both grant and required local match. No budget adjustment is needed for Fiscal Year 2023-24.

BACKGROUND/DISCUSSION:

The Safe Streets and Roads for All (SS4A) program funds regional and local initiatives that focus on mitigating and preventing roadway fatalities and serious vehicular related

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

injuries. Funds for SS4A grant program support planning, infrastructure, vehicular motorist behavioral modifications and operational initiatives to minimize and prevent serious injury on roadways involving all roadway users; including pedestrians, bicyclists, public transportation, personal conveyance, and micromobility users, motorists, and commercial vehicle operators.

Eligible activities include the following:
• Vision Zero Plan
• Local Road Safety Plan
• Developing and updating a comprehensive safety action plan.

The following are examples of activities that could directly assist in the process of developing or updating any of the above-mentioned action plans by conducting outreach, data collection, analysis, and other related tasks:
• Leadership commitment and goal setting that includes a timeline for eliminating roadway fatalities and serious injuries.
• Adoption of a resolution that commits the City to trying its best to eliminate fatalities as a result of traffic collisions.
• Planning structure brought upon a committee with some oversight of the development, implementation, and monitoring of the action plan. • Safety analysis of the existing conditions and historical trends provides a baseline level of crashes involving fatalities and serious injuries across the City. • Engagement and collaboration with the public and relevant stakeholders, including the private sector and community groups, that allows for both community representation and feedback.
• Equity considerations developed through a plan using inclusive and representative processes.
• Policy and process changes that assess the current policies, plans, guidelines, and/or standards to identify opportunities to improve how processes prioritize transportation safety.
• Strategy and project selections that identify a comprehensive set of projects and strategies, shaped by data, the best available evidence and noteworthy practices, as well as stakeholder input and equity considerations, that will address the safety problems described in the Action Plan.
• Progress and transparency methods that measure progress over time after an action plan is developed or updated, including outcome data.

All applicants must apply by Thursday, August 29, 2024 to be considered for funding.

Staff recommends submittal of the grant application by the deadline in order to obtain funds.

ENVIRONMENTAL:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

ANALYSIS:

N/A

SUMMARY:

Staff recommends the City Council approve submission of a funding application submission to the Safe Streets and Roads for All Program (SS4A). Should the City be successful in this grant award, Staff will return to the City Council with recommended action to appropriate the grant award funds and approve any matching fund requirements. No budget amendments are necessary at this point in the grant application process.

ATTACHMENT(S)
None
NEXT STEPS:

N/A

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: ACCEPTANCE OF GOLF COURSE RENOVATION PROJECT PHASE 1 (CP NO. 894-1) – NOTICE OF COMPLETION

DATE: May 22, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Accept the Golf Course Renovation Project Phase 1 (CP No. 894-1) as completed by Los Angeles Engineering, Inc.; and,

2. Approve the final contract amount with Los Angeles Engineering, Inc. for the construction of the Project in the amount of $5,867,421 including change orders; and,

3. Approve the Final Total Project Budget (Attachment A); and,

4. Authorize the Senior Deputy City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar/Recorder; and,

5. Authorize the City Manager to release the retention payment due to Los Angeles Engineering, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and,

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

FISCAL IMPACT:

The final total project budget (Attachment A) shows the previously approved City Council authorized budget of $5,913,500 for Los Angeles Engineering, Inc. Attachment A also shows the total aggregate expenditures for the project in the amount of $5,867,421, which includes subsequent City Council approved change orders and use of the approved five percent (5%) contingency. Since this phase of the project was completed under budget, no budget amendments are needed.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

BACKGROUND/DISCUSSION:

The Golf Course Renovation Project (GCR Project) renovated a portion of the existing Montebello Municipal Golf Course property located immediately south of the Topgolf entertainment complex Project and northwest of the Quiet Cannon event center. The GCR project area is approximately 72.5 acres of the golf course campus. The project replaced the existing 18-hole golf course with a new and modern first-class championship golf course complex that complements the adjacent Topgolf facility and existing hotels and Quiet Cannon event center. The project includes a new 9-hole championship golf course and a new 6-hole Par 3 golf course with lights.

On October 12, 2022, the City Council awarded a contract to Los Angeles Engineering, Inc. for Phase 1 of the GCR Project in the amount of $5,094,000 and authorized the Director of Public Works to review and approve change orders within a 5% contingency of the contract amount. Phase 1 included rough grading, underground and utility construction, and pavement and concrete flatwork.

On August 23, 2023, the City Council approved a change order to Los Angeles Engineering, Inc. in the amount of $819,500. This change included demolition, clearing/grubbing, rough grading, underground utility services (sewer, water, storm drain backbone system, electrical, gas, communications), street and parking lot concrete flatwork and pavement, street and parking lot lighting systems, temporary erosion control and stormwater Best Management Plan techniques related to the Storm Water Pollution Prevention Plan, otherwise referred to as BMPs/SWPPP.

ENVIRONMENTAL:

N/A

ANALYSIS:

The project was substantially completed on April 10, 2024. The contractor completed the punch list work on April 26, 2024. The construction management company, AIM Consulting Services, overseeing the GCR Project has reviewed the daily inspection reports and determined that the project was completed satisfactorily and in accordance with the project plans and contract specifications.

NOTICE OF COMPLETION

It is recommended that the City Council accept the project as satisfactory and complete pursuant to Civil Code Section 3093. Upon acceptance of the project, staff will file the “Notice of Completion” with the Los Angeles County Registrar/Recorder’s Office for the project. Thirty-five (35) days after the recording of the Notice of Completion by the LA County Recorder’s Office, the City will release the Labor and Materials Bond to the bonding company and make final payment of the retention to Contractor if no Stop Notices are filed within the 35-day period.

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

SUMMARY:

Staff is recommending that the City Council accept the Project as completed, approve the final Project budget and expenditures, including change orders, authorize the Senior Deputy City Clerk to execute, verify and file the Notice of Completion with the Los Angeles County Registrar/Recorder and authorize the City Manager to release the retention payment due to Los Angeles Engineering, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded.

ATTACHMENT(S)

1. Attachment A - Total Project Budget and Expenses

2. Attachment B - Notice of Completion

NEXT STEPS:

N/A

ATTACHMENT A
GOLF COURSE CONSTRUCTION PROJECT (PHASE 1)
C.P. NO. 894-1

FINAL TOTAL PROJECT BUDGET
Project Expenses Final Cost
Original Construction Contract (Los Angeles Engineering, Inc.) - Awarded 10/13/2022

$5,094,000
Construction Change Orders (Approved 8/23/2023) $819,500 Adjustment for Final Quantities Measured ($46,079)
Total Project Cost: $5,867,421
Authorized Project Budget Budget Amount
Original Construction Contract (Los Angeles Engineering, Inc.) - Awarded 10/13/2022
$5,094,000
Construction Contingency (5%) (Approved 11/10/22) $254,700 Construction Change Orders (Approved 8/23/2023) $564,800 Total Project Cost: $5,913,500
Note: The project was completed $46,079 under budget and this amount will be made available for re-programming.

RECORDING REQUESTED BYATTACHMENT B

CITY OF MONTEBELLO

AND WHEN RECORDED MAIL TO

NAME CITY OF MONTEBELLO

CITY CLERK
STREET1600 W Beverly Blvd.

ADDRESS
CITY Montebello,

STATE CA
ZIP90640

SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Montebello

3. The full address of the owner is 1600 W Beverly Blvd., Montebello, CA 90640

4. The nature of the interest or estate of the owner is: in fee. (if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES
_______________________________________________________________________________________________

6.The full names and addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES
____________________________________________________________________________________________

7. A work of improvement on the property hereinafter described was completed on March 11, 2022. The general scope of work consisted of the removal and reconstruction of existing sidewalks, curb and gutters, drive approaches, curb ramps, cold milling and repaving the existing streets, adjustments of utility covers, installation of pavement markings and striping, curb painting, installation of traffic detection loops and installation of a Bio-swell retention basin.

8. The name of the contractor, if any, for such work of improvement was Los Angeles Engineering, Inc.

May 22, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows: Phase 1 Golf Course Construction Project CP 894-1 Director of Public Works / City of Montebello___
(Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Montebello, the declarant of the foregoing Notice of Completion:

I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on_________________ , 2024 at City of Montebello, Montebello, CA __________________________________________________(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)

DO NOT RECORD

REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.

The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in-interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title.

For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice.

If the ownership is in two or more persons as joint tenants or tenants is common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for giving of the notice by only one cotenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form.

Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors.

In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and state.

As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., “The foundations for the improvements”); (2) Insert the name of the contractor under the particular contract in paragraph 7.

In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor’s name need be given if there is no general contractor, e.g., on so-called “owner-builder jobs.”
In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached.

In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority.

This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all blanks, and make changes proper to your transaction. Consult a lawyer if you doubt the form’s fitness for your purpose.

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: ADOPT RESOLUTION NO. 24-33 APPROVING THE ENGINEER’S REPORT FOR THE FISCAL YEAR 2024-25 ANNUAL NATASHA LANE
LANDSCAPE ASSESSMENT DISTRICT NO. 2005-1 AND SETTING A

DATE FOR THE PUBLIC HEARING

DATE: May 22, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 24-33 (Attachment A) approving the Fiscal Year 2024-25 Engineer’s Report (Attachment B) for the Annual Natasha Lane Landscape Assessment District No. 2005-1 and setting a date for the Public Hearing for the regular meeting scheduled on June 26, 2024 at 6:00 pm; and

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

FISCAL IMPACT:

The costs associated with the maintenance and operations of the landscaping for Natasha Lane will be funded with the Fiscal Year 2024-25 Annual Assessment District No. 2005-01 (Account No. 265-99-330-3560.10 / 6040.20, Grants, Engineering, Natasha Lane Landscape Revenue/Expenditures). There will be no impact to the General Fund as all revenue collected and associated expenditures are recorded in the appropriate account in Fund 265.

BACKGROUND/DISCUSSION:

Natasha Lane is a twenty-unit housing development, extending to the south from Whittier Boulevard and to the east of Bluff Road. As part of the development, new landscaping was installed within a storm drain easement at the southerly terminus, along frontage of

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

the property facing Whittier Boulevard and along the rear portion of the property. The City is responsible for the maintenance of landscaping in these areas.

The properties of this development benefiting from these improvements were assessed in FY 2023-24 and prior years. Continued assessment of the properties benefitting from these improvements is being proposed to offset the cost of maintenance and future replacement of related landscaping items. The attached Resolution (Attachment A) establishes approval of the Engineer’s Report for Natasha Lane Landscape Assessment District No. 2005-1 and provides notice of the required public hearing concerning the levy of the proposed assessments.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends the City Council consider the adoption of Resolution 24-33 approving the Engineer’s Report for the FY 2024-25 Annual Natasha Lane Landscape Assessment District and setting the required Public Hearing on June 26, 2024 at 6:00 pm, in the City Council Chambers.

ATTACHMENT(S)

1. Attachment A - Resolution No. 24-33

2. Attachment B - DRAFT Engineer's Report, 05_22_2024

3. Attachment C - DRAFT Public Hearing Notice

NEXT STEPS:

N/A

ATTACHMENT A
RESOLUTION NO. 24-33

RESOLUTION OF THE CITY OF MONTEBELLO SET TING A PUBLIC

HEARING ON THE PROPOSED LEVY OF ANNUAL ASSESSMENTS FOR
LANDSCAPE MAINTENANCE FOR FISCAL YEAR 2024-2025 OF THE

PROPERTIES LOCATED ALONG NATASHA LANE AND REVIEWING
DRAFT ENGINEER’S ESTIMATE AND ANNUAL INCREASES IN THE

AMOUNTS THEREOF AND PROVIDING FOR ELECTION THEREON

RECITALS

WHEREAS, the City Council (“City Council”) of the City of Montebello (“City”) proposes to levy the annual assessment for the properties 1 to 20 located along Natasha Lane (see Exhibit “A”), for Landscape Maintenance District (hereinafter referred to as the District) pursuant to the provision of Division 15, Part 2, of the Streets and Highways Code of the State of California; and

WHEREAS, the City of Montebello’s Engineering Division of the Department of Public Works has prepared the Engineer’s Annual Levy Report (“Report”) for the District known and designated as the Natasha Lane Landscape Assessment District No. 2005- 01 of the City of Montebello (“District”), pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (“Act”), for the installation, operation, maintenance and servicing of street lights, traffic signals, street trees, parkways, median islands, landscaping, parks, and any appurtenant improvements as set forth in Section 22525 of the California Streets and Highways Code (“Improvements”); and
WHEREAS, the Provisions of Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620); and

WHEREAS, the City Engineer ing Division of the Department of Public Works has filed a preliminary report regarding the assessments to be levied and collected from the owners of assessable property within the District to pay the costs of the installation, operation, maintenance and servicing of street trees and landscaping, and any appurtenant improvements, and that report has been presented to and considered by the City Council; and

WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Section 22587 of the Streets and Highways Code to, among other things, fix and give notice of the time and place of a public hearing on the formation of the proposed District and levy of assessments.

NOW, THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of Montebello as follows:

SECTION 1: That the above recitals are all true and correct and are hereby

RESOLUTION NO. 24-33

incorporated herein.

SECTION 2. Findings. The City Council of the City of Montebello finds that:
a) The foregoing recitals are true and correct;
b) The Draft Engineer’s Report (the “Report”) contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council;
c) The assessments which are proposed to be levied on all parcels of assessable land within Natasha Lane Landscape Assessment District are based on special benefit conferred upon each such parcel from the payment of the cost of the installation, operation, maintenance, irrigation and servicing of street trees and parkways, landscaping, and appurtenant improvements;
d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the installation, operation, maintenance, irrigation and servicing of street trees and landscaping, and appurtenant improvements; and e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel.

SECTION 3: The City Engineer is hereby ordered to file with the City Council a preliminary report relating to the FY 2024-2025 levy of annual assessments for said District in accordance with the provisions of Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California.

SECTION 4: Upon completion, said report shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to Section 22623 of said Streets and Highways Code.

SECTION 5. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land proposed to be included in Natasha Lane Landscape District of the City of Montebello, as set forth in the Report.

Those assessments will be collected at the same time and in the same manner as the County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments.

SECTION 6. Improvements. The Improvements shall include the maintenance of the following:
a) The maintenance of landscaping, including, but not limited to, street

RESOLUTION NO. 24-33

trees;
b) The installation of construction of any facilities which are appurtenant to any improvements listed in (a) which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, planting, and electrical facilities;

SECTION 7. Formation of Assessment District. The distinctive designation of the proposed district is Natasha Lane Landscape District in the City of Montebello. The boundaries of the territory to be included in the District are described and shown in the Report. The general location of the territory to be included in the District is Natasha Lane in the City of Montebello.

SECTION 8. Report and Assessments. The Report, which is on file with the City Clerk of the City Council, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the Improvements, the boundaries of Natasha Lane Landscape District and the proposed assessments upon assessable lots and parcels of land therein.

SECTION 9. Duration of Assessments and Inflation Increases and Election Thereon. The assessments shall be levied on all parcels of assessable property within Natasha Lane Landscape District as identified in the Report, so long as the assessments are necessary to finance the Improvements specified in Section 3 and the maintenance and servicing thereof. The annual amount of the assessment to be levied on each parcel of assessable property in the District in each fiscal year may be increased by the percentage increase in the Consumer Price Index – All Urban Consumers for the Los Angeles; provided, however, that the amount of the assessment to be levied on any assessable parcel in any fiscal year shall not be increased by more than four percent (4% based on March 12-month assessment), and the amount of the assessment to be levied on any parcel in any fiscal year shall not in any event exceed the actual total cost of the proportional special benefit conferred on that parcel.

SECTION 10. Hearing. The time and place of the public hearing required by Section 22587 through 22594 of the Streets and Highways Code concerning the levy of the proposed assessments is set for 6:00 p.m. on Wednesday, June 26, 2024, at the City of Montebello Council Chambers, located at 1600 W. Beverly Boulevard, Montebello, California, 90640.

SECTION 11. Notice of Hearing. The City Clerk is hereby authorized and directed to publish a copy of this Resolution in a newspaper of general circulation in said City. Said Publication shall be not less than ten (10) days before the date of said public hearing.

SECTION 12. For any and all information relating to the Procedures, protest procedures, documentation, and/or information of a procedure or technical nature, your

RESOLUTION NO. 24-33

attention is directed to the office listed below as designated:

Cesar Roldan
Director of Public Works
City of Montebello
APPROVED AND ADOPTED THIS 22ND DAY OF MAY 2024.

Scarlet Peralta, Mayor

ATTEST: APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 24 -33 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 22 nd day of May 2024
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk
EXHIBITS:
• Exhibit A – Boundary of Assessment District

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ATTACHMENT B

CITY OF MONTEBELLO
ENGINEER’S REPORT
FOR

NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1
For
FY 2024-2025
Scarlet Peralta, Mayor
Salvador Melendez, Mayor Pro Tem
Angie Jimenez, Councilmember
Georgina Tamayo, Councilmember
David Torres, Councilmember

Engineer’s Report
May 22, 2024
Prepared by the City of Montebello – Engineering Division Cesar Roldan
Director of Public Works

2 CITY OF MONTEBELLO
ENGINEER’S REPORT
FOR

NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1
(FISCAL YEAR 2024-2025)
SECTION I: AUTHORITY FOR REPORT
This report is prepared pursuant to the provisions of the Landscape and Lighting Act of 1972 (commencing with Section 22500) of Division 15 the Street and Highway Code for the maintenance of Public Landscaping that benefits only the properties on Natasha Lane. The report covers the period from July 1, 2024, through June 30, 2025.

SECTION II: PLANS
The Plans showing extent and location of landscape are illustrated herein by Exhibit A.

All of above-mentioned items are on file in the Office of the City Clerk.

SECTION III: SPECIFICATIONS FOR MAINTENANCE
Landscaping maintenance shall consist of installing, cutting, pruning, trimming, fertilizing, irrigating and treating plants, shrubs, trees, ground cover and soil to provide a pleasing and attractive landscape within the public right-of-way and publicly owned grounds. Dead plants, shrubs, trees, and ground cover shall be replaced with new items as soon as practical. The irrigation system shall be operated and maintained to provide adequate watering for all plants, shrubs, trees, and ground cover. Irrigation systems shall be installed as deemed appropriate by the City Engineer.

SECTION IV: PROJECT REVENUE & EXPENDITURES

3 2023-24 2024-25
FY 2024-2025 BEGINNING FUND BALANCE (ESTIMATED) $50,155 $37,492 FY 2024-2025 PROJECTED REVENUE $1,200 $1,200
TOTAL REVENUE AVAILABLE FOR FY 2024-2025 $51,355 $38,692 FY 2024-2025 PROJECTED EXPENDITURES
Maintenance and Operation Expenses
Contractual Services
$15,556 $15,556
Administrative Costs (Staff, Consultant and La County Fees) $4,800 $4,800 TOTAL EXPENDITURES $20,356 $20,356
PROJECTED BALANCE (JUNE 30, 2025)
FY 2024-2025 Revenue Available $51,355 $38,692
FY 2024-2025 Anticipated Expenditures ($20,356) ($20,356) ASSESSMENT DISTRICT RESERVE FUND BALANCE (PROJECTED) $30,999 $18,336 SECTION V: DIAGRAM
A Diagram showing the Assessor’s parcel number and the dimensions of each lot or parcel of land within the District is on file in the Office of the City Clerk.

SECTION VI: ASSESSMENT
The improvements are to be funded by the levying of assessments on the benefiting properties. The “Municipal Improvement Act of 1913” and Article XIIID of the State Constitution require that assessments must be based on the estimated special benefit for the properties from the improvements. In addition, Article XIIID, Section 4, of the State Constitution requires that a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred in the parcel. It also requires that publicly owned property, (which benefit from the improvements) are to be assessed. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending the assessments per panel is an Apportionment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. The City Engineer is hereby appointed as the Assessment Engineer.

All properties are assessed based on the Engineer’s Estimate. This estimate includes associated costs for each property based on property frontage along the street (Natasha Lane). In order to apportion the assessment to each parcel in direct proportion with the special and direct benefit which it will receive from the improvements, an analysis has

4 been completed and the respective street frontage of each benefiting parcel is used as the basis for apportioning costs to each property within the Assessment District as follows:

NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1

ASSESSMENT ROLL

ASSESSMENT
NO.

BOOK PAGE PARCEL
NO.

FRONT

FOOTAGE
TOTAL
COST
1 6348 6 17 45.19 LF $ 65.41
2 6348 6 18 41 LF $ 59.35
3 6348 6 19 41 LF $ 59.35
4 6348 6 20 41 LF $ 59.35
5 6348 6 21 41 LF $ 59.35
6 6348 6 22 41 LF $ 59.35
7 6348 6 23 41 LF $ 59.35
8 6348 6 24 41.70 LF $ 60.36
9 6348 6 25 52 LF $ 75.27
10 6348 6 26 45.27 LF $ 65.53
11 6348 6 29 40.60 LF $ 58.77
12 6348 6 30 40 LF $ 57.90
13 6348 6 31 40 LF $ 57.90
14 6348 6 32 40 LF $ 57.90
15 6348 6 33 40 LF $ 57.90
16 6348 6 34 40 LF $ 57.90
17 6348 6 35 40 LF $ 57.90
18 6348 6 36 40 LF $ 57.90
19 6348 6 37 40 LF $ 57.90
20 6348 6 38 38.24 LF $ 55.35
TOTAL: 829.00 LF $1,200.00

5 NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1

ADDRESS OF PROPERTY OWNERS
Assessor’s Parcel
No.

Property Address
6348-006-017 101 Natasha Lane
Montebello, CA 90640
6348-006-018 105 Natasha Lane
Montebello, CA 90640
6348-006-019 109 Natasha Lane
Montebello, CA 90640
6348-006-020 117 Natasha Lane
Montebello, CA 90640
6348-006-021 121 Natasha Lane
Montebello, CA 90640
6348-006-022 125 Natasha Lane
Montebello, CA 90640
6348-006-023 129 Natasha Lane
Montebello, CA 90640
6348-006-024 133 Natasha Lane
Montebello, CA 90640
6348-006-025 137 Natasha Lane
Montebello, CA 90640
6348-006-026 141 Natasha Lane
Montebello, CA 90640

6 NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1

ADDRESS OF PROPERTY OWNERS
Assessor’s Parcel
No.

Property Address
6348-006-029 136 Natasha Lane
Montebello, CA 90640
6348-006-030 132 Natasha Lane
Montebello, CA 90640
6348-006-031 128 Natasha Lane
Montebello, CA 90640
6348-006-032 124 Natasha Lane
Montebello, CA 90640
6348-006-033 120 Natasha Lane
Montebello, CA 90640
6348-006-034 116 Natasha Lane
Montebello, CA 90640
6348-006-035 112 Natasha Lane
Montebello, CA 90640
6348-006-036 108 Natasha Lane
Montebello, CA 90640
6348-006-037 104 Natasha Lane
Montebello, CA 90640
6348-006-038 100 Natasha Lane
Montebello, CA 90640

7 NATASHA LANE LANDSCAPE
ASSESSMENT DISTRICT NO. 2005-1
EXHIBIT “A”

BOUNDARY MAP

ATTACHMENT C

CITY OF MONTEBELLO

PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Montebello will hold a Public Hearing in the Council Chambers located at Montebello City Hall, 1600 West Beverly Boulevard, Montebello, California, on Wednesday, June 26, 2024, at 6:00 p.m., or as soon as possible thereafter as the matter can be heard, to consider the following:

Levying the proposed assessments for the City’s Natasha Lane Landscaping Assessment District 2005-1 for Fiscal Year 2024-25:

Natasha Lane is a twenty-unit housing development, extending to the south from Whittier Boulevard and to the east of Bluff Road. As part of the development, new landscaping was installed within a storm drain easement at the southerly terminus, along the frontage of the property facing Whittier Boulevard and at the end of the cul-de-sac. The City is responsible for the maintenance of landscaping in these areas. The special assessment district was initially established in 2005 when the development was constructed. This special assessment is added to the Los Angeles County Tax Roll annually. On May 22, 2024, the City Council approved Resolution No. 24-33 initiating proceedings for the FY 2024-2025 levy of annual special assessment and residents were notified on __________, 2024.

For those interested making public comments, you may address the City Council in person during the public comment period or public testimony period for Public Hearings by attending the Council Chambers located at Montebello City Hall, 1600 West Beverly Boulevard, Montebello, California on Wednesday, June 26, 2024, at 6:00 p.m. In addition, the City has created an email address [email protected] where the public can submit written public comments no later than Wednesday, June 26, 2024, at 3:00 p.m. These comments will not be read aloud but will be entered into the record and submitted to all members of the City Council. The email address for City Council meetings can be located on the City’s webpage under the City Clerk tab, https://www.cityofmontebello.com/department/administration/city- clerk-s-office.html.

If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing.

More information about the assessment district is available by contacting the Public Works Department at 323-887-1460.

Kimberly Guillen, Sr. Deputy City Clerk
Dated: May 22, 2024
Date published: May XX, 2024

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: ADOPT RESOLUTION NO. 24-32 APPROVING THE ENGINEER’S REPORT FOR THE FISCAL YEAR 2024-25 ANNUAL NATASHA LANE

SEWER AND STORM WATER PUMP STATION ASSESSMENT
DISTRICT NO. 2005-2 AND SETTING A DATE FOR THE PUBLIC

HEARING

DATE: May 22, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 24-32 (Attachment A) approving the Fiscal Year 2024-25 Engineer’s Report (Attachment B) for the Annual Natasha Lane Sewer and Storm Water Pump Station Assessment District No. 2005-2 and setting a date for the Public Hearing for the regular meeting scheduled on June 26, 2024 at 6:00 pm;

2. Review the draft engineer’s report and comment prior to acceptance; and

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

FISCAL IMPACT:

The operation and maintenance costs for the sewer and storm drain facilities servicing the Natasha Lane development will be funded through the Fiscal Year 2024-25 annual assessment. Over the past two fiscal years, significant repair expenses were incurred due to the failure of critical infrastructure, including the stormwater pump lift station and the sewer lift station; both operating well beyond their expected lifespans (e.g., first installed in 2005). These expenses, combined with the absence of adequate provisions in previous assessments, have led to a deficit of $184,137 in the sewer and storm water assessment account.

To address this challenge, a comprehensive three-pronged approach is proposed, aiming to eliminate the deficit over a 10-year term, allocating funds for routine, annual

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024

maintenance, and establishing a capital reserve for future large-scale projects. This proactive strategy demonstrates the commitment of staff to effectively manage the financial affairs of the assessment district while preparing for future needs.

Staff proposes a three-pronged approach to resolve the deficit and ensure the financial stability of this specific assessment:

1. Deficit Elimination Over 10-Year Term: Spread the deficit elimination over a 10- year period, allowing for manageable payments that alleviate the immediate financial burden on residents.

2. Allocation for Regular Maintenance: Continue to incorporate provisions for regular maintenance costs into future assessments to prevent the accumulation of deficits due to unforeseen expenses.

3. Establishment of Capital Reserve Fund: Initiate a capital reserve fund by depositing $10,000 annually, providing a dedicated source of funding for future large-scale projects and mitigating the need for as-needed repairs.

In addressing the outstanding deficit within the Special Assessment District, the proposed three-pronged approach underscores the commitment of staff to promote effective financial management and proactive planning. Spreading the deficit over a manageable timeframe, allocating funds for regular maintenance, and establishing a capital reserve, will help safeguard the long-term financial health of the district while anticipating and addressing future needs. The FY 2024-25 budget will include appropriations for both revenue received and associated expenditures required to maintain the sewer and storm drain in the district.

BACKGROUND/DISCUSSION:

Natasha Lane is a twenty-unit housing development completed in 2005 near the intersection of Whittier Boulevard and Bluff Road. Due to the topography, the development included construction of sewer and storm drain pump stations. The City is responsible for the maintenance and operation of the pump stations and appurtenant facilities.

The properties benefiting from these improvements were assessed in Fiscal Year 2023-

24. Continued assessment of the properties benefiting from these improvements is being proposed to offset the cost of maintenance and operation for FY 2024-25, including establishment of a capital reserve to ensure funds are available for future capital repairs.

The boundary of the assessment district is shown in Exhibit “A” attached to the Resolution (Attachment A).

The attached resolution (Attachment A) establishes the City Council’s intention to levy the assessment and requests the review of the draft engineer’s report for the assessment district. The approval of the resolution initiates the assessment proceedings. This notice of intent to set the Public Hearing date and time will allow residents the opportunity to comment on the engineer’s report and ultimately lead to approving the recommended