Agenda packet — Montebello City Council, June 12, 2024 (part 2 of 5)

CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 12, 2024

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The City of Montebello has an investment policy statement (Attachment B) most recently reviewed and approved on June 14, 2023 (and prior to that, August 19, 2019, October 28, 2020, June 23, 2021 and June 8, 2022). The California Government Code requires an annual review and approval of the investment policy statement – even if no changes are made. The 2019 approval was the first time the City’s investment policy was updated since 2011, with a previous update done in 2007. The irregular nature of review and updating of the policy required a much more thorough updating of the policy in October, 2020. Last year’s update was routine, as the review process is aligned on an annual basis and coincides with budget review and adoption.

The updated version of the City’s investment policy was submitted to the California Municipal Treasurers Association (CMTA) for consideration of their investment policy review and award program in 2020. The CMTA investment policy program utilizes public treasury officials to review public agency policies to ensure they comply with best practices and Government Code. For the first time in the City’s history, the City’s policy was submitted and passed the review with flying colors. Having passed this review process is one more indication of the progress made in achieving fiscal sustainability in Montebello.

There are no changes to the attached investment policy (Attachment B) for Fiscal Year 2024-25. The policy fully incorporates Government Code Section 53601 et al allowable investments. Having the ability to further diversify funds, and improve safety and liquidity while also gaining some yield is a prudent move.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

The City Council is being asked to adopt Resolution No. 24-39 (Attachment A) approving the Investment Policy Statement of the City and Successor Agency (Attachment B). There are no changes to the investment policy, and it remains identical to the version adopted last fiscal year. This approval will continue the re-alignment of investment policy consideration so that it occurs annually in June.

ATTACHMENT(S)

1. Attachment A - Resolution Investment Policy Update

2. Attachment B - City of Montebello FY 2024_25 Investment Policy NEXT STEPS:

N/A

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ATTACHMENT A
RESOLUTION NO. 24-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO ADOPTING AN INVESTMENT POLICY STATEMENT

FOR THE CITY AND SUCCESSOR AGENCY

RECITALS
WHEREAS, State Government Code Section 53646(a) sets guidelines for how local officials should submit an investment policy; and, WHEREAS, Government Code requires the investment policy to be considered, reviewed and approved annually at a public meeting; and, WHEREAS, the Investment Policy Statement of the City and Successor Agency was last reviewed and considered by the City Council on June 14, 2023; and

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

SECTION 1. Investments of City funds shall be made in accordance with the Investment Policy Statement attached hereto as Exhibit A and made part hereof.

SECTION 2. The policies adopted by this resolution are in addition to and supplement any other legal requirements.

SECTION 3. The City Treasurer and/or Director of Finance shall deliver a copy of the Investment Policy Statement to any and all financial institutions which hold City and/or Successor Agency funds and investments.

SECTION 4: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED THIS 12TH DAY OF JUNE 2024.
_______________________________
Scarlet Peralta, Mayor

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RESOLUTION NO. 24-39

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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. 24-39 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 12th day of June 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

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City and Successor Agency
Montebello
Investment Policy
Fiscal Year 2024-25
Adopted by City Council
June 2024

ATTACHMENT B

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Investment Policy Statement
Adopted June 12, 2024
City/Successor Agency of Montebello
Investment Policy

TABLE OF CONTENTS
Introduction ....................................................................................................................2 Scope .............................................................................................................................2 Delegation of Authority ...................................................................................................2 Ethics and Conflicts of Interest .................................................................................... 2 Prudence/Prudent Investor Standard .......................................................................... 2 Internal Controls .......................................................................................................... 3 Investment Objectives ................................................................................................. 3 Performance Evaluation .............................................................................................. 3 Diversification .............................................................................................................. 3 Portfolio Segregation ................................................................................................... 4 Bond Issuance Arbitrage Rebate ..................................................................................4 Qualified Dealers ......................................................................................................... 4 Safekeeping of Securities ..............................................................................................4 Collateralization ........................................................................................................... 5 Maximum Maturities ......................................................................................................5 Investment Pools/Money Market Mutual Funds .......................................................... 5 Authorized and Suitable Investments ............................................................................6 Ineligible Investments ....................................................................................................9 Fiscal Accountability and Investment Committee ........................................................ 9 Portfolio Reporting ........................................................................................................9 Review of Investment Portfolio .................................................................................. 10 Investment Policy Adoption ........................................................................................ 10 Glossary ................................................................................................................... 11

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Investment Policy Statement
Adopted June 12, 2024

1. INTRODUCTION
This Statement of Investment Policy (“Investment Policy” or “Policy”) is intended to provide specific criteria for the prudent investment of City and Successor Agency funds. The ultimate investment goal is to enhance the economic status of the City while protecting funds under management and meeting the daily cash flow demands of the City and Successor Agency. This investment policy has been prepared in conformance with all pertinent existing laws of the State of California including California Government Code Sections 53600, et seq. (NOTE: throughout this Policy, it is understood that any reference to “City” is inclusive of the “Successor Agency.”)

2. SCOPE
This investment policy applies to all of the City's idle cash invested in various vehicles and encompasses all monies under the direct oversight of the City Treasurer and Director of Finance and include the General Fund, Reserve Funds, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Permanent Fund, Proprietary Funds, Trust and Agency Funds, including the Successor Agency to the Dissolved Montebello Redevelopment Agency, and any other funds that may be created.

These funds are accounted for in the City of Montebello’s Comprehensive Annual Financial Report (CAFR).

3. DELEGATION OF AUTHORITY
Authority to manage the City of Montebello’s investment program is derived from California Government Code Section 53601 et al. The authority of the City Council to invest or reinvest monies of the City has been delegated by the City Council to the City Treasurer and Director of Finance until such time the delegation is revoked. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Finance.

4. ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program or that impairs their ability to make impartial investment decisions. Employees and investment officials shall disclose any material financial interests that could be related to the performance of the City's investment policy annually with the California Fair Political Practices Commission or as necessary under the Political Reform Act and Government Code Section 1090 et seq.

5. PRUDENCE/PRUDENT INVESTOR STANDARD
The City's pooled investment program operates under the Prudent Investor Standard, Government Code Section 53600.3, and applicable State laws. When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, responsible/delegated officials shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.

Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired and sold as authorized by law. This affords a broad spectrum of investment opportunities so long as the investment is deemed prudent and permissible by the State of California, various bond indentures and this policy. It is the goal of officials so authorized under this Policy to strive to invest 100 percent of idle funds.

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Investment Policy Statement
Adopted June 12, 2024

6. INTERNAL CONTROLS
The Director of Finance and/or his/her designee shall establish procedures that separate the internal responsibility for management and accounting of the investment portfolios. An analysis by an external independent auditor shall be conducted annually to review internal controls, account activity and compliance with policies and procedures.

7. INVESTMENT OBJECTIVES
The City's cash management system is designed to accurately monitor and forecast revenues and expenditures, thus enabling funds to be invested to the fullest extent possible. A diversified portfolio is maintained to accomplish the primary objectives in the order of safety, liquidity, and yield.

Safety: The safety/risk associated with an investment refers to the potential loss of principal, accrued interest or a combination of these. Credit risk is mitigated by monitoring financial institutions with which he/she will do business, and by careful scrutiny of the credit worthiness of the investment instruments as well as the institutions. Such resources as nationally recognized statistical-rating organization (NRSRO) services are utilized for this review. Mitigation of interest rate risk is sought through diversification of instruments as well as maturities.

Liquidity: The portfolio will be structured with sufficient liquidity to allow the City to meet anticipated cash requirements. This will be accomplished through the purchase of a diversity of instruments to include those with active secondary markets, those that can match maturities to expected cash needs, and the State Local Agency Investment Fund (LAIF) with immediate withdrawal provisions.

Yield: A competitive market rate of return is the third objective of the investment program after the fundamental requirements of safety and liquidity have been met. The portfolio shall be managed to consistently attain a market rate of return throughout budgetary and economic cycles. Whenever possible, and consistent with risk limitations and prudent investment management, the City will seek to augment returns above the market average rate of return through the implementation of active portfolio management strategies.

8. PERFORMANCE EVALUATION
Investment performance is continually monitored and evaluated by the City. Investment portfolio reports are generated on a monthly and quarterly basis and submitted to the City Council, City Manager, and Investment Committee. A quarterly Treasurer’s report is also presented to the City Council and Investment Committee.

9. DIVERSIFICATION
The City will diversify use of investment instruments to avoid unreasonable risks inherent in over-investing in specific instruments, individual financial institutions, or maturities.

Market price volatility shall be controlled through maturity diversification, as well as ensuring adequate liquidity is available to meet cash flow requirements, thereby precluding the need to sell instruments at a market loss.

Risk of default will be controlled by acquiring instruments such as Government Securities, or by diversifying the portfolio within the constraints and parameters of Section 17 of this Policy, Authorized and Suitable Investments.

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Investment Policy Statement
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10. PORTFOLIO SEGREGATION
Within the overall funds managed, bond proceeds held by fiscal agents or trustees shall also be segregated and invested in accordance with each indenture.

The primary purpose of any separately managed bond proceeds is to structure investment maturities to meet current and future liabilities. The preservation of principal and the maintenance of liquidity are the most important factors regarding the investment of bond proceeds. Portfolio yield is not a primary factor since the portfolio structure, eligible investment assets and maturity restrictions are governed by draws and expenditure schedules of the issues. Performance will be based upon maximizing permitted positive arbitrage within the context of principal preservation as a first priority (pre-1986 Tax Reform Act issuances) or minimizing or eliminating negative arbitrage (yield-restricted issues).

11. BOND ISSUANCE ARBITRAGE REBATE
The U.S. Tax Reform Act of 1986 requires the City to perform annual arbitrage calculations and rebate excess earnings to the U.S. Treasury for investment returns that exceed the allowable interest earnings limit of each bond issue. The arbitrage calculation process must be conducted for the investment of proceeds of bond issues sold after the effective date of this law. This arbitrage calculation will be contracted out to provide the necessary technical expertise to comply with this regulation. The City's investment position relative to the interest rate arbitrage restrictions is to have safety and the highest permitted return the law allows as the highest priority while ensuring the preservation of principal and liquidity.

12. QUALIFIED DEALERS
The City shall transact business only with Registered Investment Advisors, national or state-chartered banks, savings and loans, and broker dealers. The dealers should be primary dealers regularly reporting to the New York Federal Reserve Bank, or approved regional or secondary market dealers that qualify under the Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule).

Authorized officials of the City may direct a fiscal agent or trustee to execute investment transactions on behalf of the City for funds held by that fiscal agent or trustee.

The City will monitor broker/dealers and their firms to ensure they are in good standing with the appropriate regulatory agencies.

13. SAFEKEEPING OF SECURITIES
To protect against losses caused by the collapse of individual securities dealers, all securities owned by the City, including collateral for repurchase agreements, shall be held in safekeeping by a third party bank trust department acting as agent for the City under the terms of a custody agreement or, in the case of funds held by the fiscal agent or trustee, the fiscal agent or trustee shall segregate and report securities held on the City's behalf. Any trade executed by a dealer is required to settle on a delivery versus payment basis with the City's safekeeping agent.

Fiscal agents or trustees in receipt of City of Montebello bond proceeds will settle security transactions on a delivery versus payment method based upon instructions provided by the authorized City official or the City's investment advisor. The fiscal agents or trustees will issue monthly custodian statements evidencing securities held in safekeeping, including the receipt of interest and maturity proceeds, the disbursement of funds for the purchase of securities, and the receipt of any sale proceeds.

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Investment Policy Statement
Adopted June 12, 2024

14. COLLATERALIZATION
All demand deposits, time deposits and repurchase agreements are to be fully collateralized with securities authorized by the California Government Code and the City. • The cost value (book value) of collateral pledged for demand deposits must at all times be equal to or greater than the amount on deposit, plus accrued interest, in accordance with the following ratio:
o U.S. Treasury Securities: 110%
• The cost value (book value) of collateral pledged for repurchase agreements must at all times be equal to or greater than the par amount, plus accrued interest, with the following ratios:
o U.S. Treasury Securities: 102%
o U.S. Government Agencies: 102%
• It is the policy of the City to require reports at least on a quarterly basis from institutions with which the City has pledged security interest. The adequacy of collateralization shall be monitored to ensure that balances are collateralized in accordance with the ratios approved herein.
• With regard to repurchase agreements, it is the policy of the City to initiate a margin call in the event pledged collateral falls below the appropriate ratio. • Collateralized investments and deposits often require substitution of collateral. Any broker or financial institution requesting substitution must contact the City for approval in the event the counterparty to the transaction is not authorized under agreement with the City to make substitutions.

15. MAXIMUM MATURITIES
In accordance to California Government Code Section 53601, The City will not invest in any securities maturing more than five (5) years from the settlement date of purchase. If there is a desire to make investments longer than five years, express authority to make those investments, either specifically or as part of an investment program, must be approved by the City Council no less than three months prior to the investment.

16. INVESTMENT POOLS/MONEY MARKET MUTUAL FUNDS
A thorough investigation of any government sponsored pool and/or mutual fund is required prior to investing and on a continual basis. There shall be a questionnaire completed which will provide the following information:
• A description of eligible investment securities, and a written statement of investment policy and objectives.
• A description of interest calculations and how it is distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. • A description of who may invest in the program, how often and what size of deposits and withdrawals are allowed.
• A schedule for receiving statements and portfolio listings.

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Investment Policy Statement
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• A description of how the pool/fund utilizes reserves, retained earnings, etc. • A fee schedule, including when and how fees are assessed. • The eligibility of the pool/fund to invest in bond proceeds and special district funds, and a description of its practices.

17. AUTHORIZED AND SUITABLE INVESTMENTS
The City is governed by the California Government Code, Sections 53600 et seq. Within the context of these limitations and based on the cost at the time of purchase, the following investments are authorized:

INVESTMENT TYPE MAXIMUM

MATURITY

MAXIMUM
SPECIFIED %

OF PORTFOLIO

MINIMUM QUALITY

REQUIREMENTS

GOVERNMENT
CODE

SCTIONS
U.S. Treasury
Obligations 5 years None None 53601(b)
U.S Agency
Obligations 5 years None None 53601(f)
State Obligations— CA
And Others 5 years None None 53601(d)
CA Local Agency
Obligations 5 years None None 53601(e)
Local Agency Bonds 5 years None
‘A” rating category or its
equivalent or better 53601(a)
Bankers’ Acceptances 180 days 40% None 53601(g)
Commercial Paper—
Non-Pooled Funds 270 days or less
25% of the
Agency's
Money
Highest letter and
number rating by an
NRSROH
53601(h)(2)(C)
Commercial Paper—
Pooled Funds 270 days or less
40% of the
Agency's
Money
Highest letter and
number rating by an
NRSROH
53635(a)(1)
Negotiable Certificates
of Deposit 5 years 30% None 53601(i)
Non-negotiable
Certificates of Deposit 5 years None None 53630 et seq.

Placement Service
Deposits 5 years 50% None 53601.8 and 53635.8
Placement Service
Certificates of Deposit 5 years 50% None 53601.8 and 53635.8 Repurchase
Agreements 1 year None None 53601(j)
Reverse Repurchase
Agreements and
Securities Lending
Agreements
92 days
20% of the base
value of the
portfolio
None 53601(j)
Medium-Term Notes 5 years or less 30% “A” rating category or its equivalent or better 53601(k)
Mutual Funds And
Money Market Mutual
Funds
N/A 20% Multiple 53601(l) and
53601.6(b)

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Investment Policy Statement
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Collateralized Bank
Deposits 5 years None None 53630 et seq. and 53601(n)
Mortgage
Pass–Through and
Asset–Backed
Securities
5 years or less 20% “AA” rating category or its
equivalent or better 53601(o)
County Pooled
Investment Funds N/A None None 27133
Joint Powers Authority
Pool N/A None Multiple 53601(p)
Local Agency
Investment Fund
(LAIF)
N/A None None 16429.1
Supranational
Obligations 5 years or less 30% “AA” rating category or its equivalent or better 53601(q) A. United States Treasury Obligations: Bills, Bonds, and Notes, or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no limitation as to the percentage of the portfolio that can be invested in this category.

B. United States Agency Obligations: Issued by United States Federal agencies or government-sponsored enterprise obligations, or other instruments, including those issued by or fully guaranteed as to principal and interest by Federal agencies or United States government-sponsored enterprises. Although there is no percentage limitation on these issues, the "prudent investor" standard shall apply to investments from a single agency.

C. State Obligations (California/Other States) and California Local Agency Obligations:

Registered state warrants or treasury notes or bonds of the State of California or any of the other 49 states and bonds, notes, warrants or other evidences of indebtedness of any local agency within California, including bonds payable solely out of the revenues from a revenue producing property owned, controlled or operated by the state or local agency or by a department, board, agency or authority of the state or local agency.

D. Local Agency Bonds: Includes bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency rated “A” or better by a NRSRO.

E. Bankers’ Acceptances: If purchased may not exceed 180 days to maturity or 40 percent of the cost (book) value of the portfolio. No more than 5 percent of the cost (book) of the portfolio may be invested in Bankers’ Acceptances issued by any one bank. Prior to the purchase of any Banker’s Acceptance, the portfolio manager shall review the rating of the issuing bank. Bankers’ Acceptances of issuing financial institutions shall have both a short and long term rating in the highest category by at least one nationally recognized rating agency at the time of purchase.

F. Commercial paper (Pooled and Non-Pooled Funds): Ranked of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by NRSRO and issued by a domestic corporation having assets in excess of $500 million. The commercial paper must also have an “A” or better rating for the issuer’s debt, other than commercial paper, if any, as provided by a NRSRO. Purchase of commercial paper from corporations on negative credit

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Investment Policy Statement
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watch by a major rating agency shall be prohibited. Purchases of eligible commercial paper may not exceed 270 days to maturity.

G. Negotiable and Non-Negotiable Certificates of Deposit (including Placement Service Deposits/Certificates of Deposit): Negotiable Certificates of Deposit are limited to 30% of the City’s monies which may be invested, with no maximum limit for Non-Negotiable Certificates of Deposit. Placement Service Deposits/Certifications of Deposit have a limit of 50% of the portfolio.

H. Repurchase agreements: The City may invest in repurchase agreements with banks and primary dealers with whom the City has entered into a master repurchase agreement that specifies terms and conditions of repurchase agreements. The maturity of repurchase agreements shall not exceed 365 days. In order to conform with provisions of the Federal Bankruptcy Code which provides for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States Government such as Treasury bills, Treasury notes or Treasury bonds with less than a five year maturity.

I. Reverse repurchase agreements/Securities Lending Agreements: The City may invest in reverse repurchase agreements only with those banks and primary dealers with whom the City has entered into a master repurchase agreement outlining terms and conditions of repurchase and reverse repurchase agreements.

J. Corporate medium term notes: Issued by a domestic corporation having an “A” or better rating criteria at time of purchase on its long-term debentures as provided by a NRSRO. The aggregate total of all purchased medium term notes may not exceed 30 percent of the cost value of the portfolio. No more than 5 percent of the cost value of the portfolio may be invested in corporate medium term notes issued by any one corporation. Commercial paper and bankers’ acceptance holdings shall be considered when calculating the maximum percentage in any issuer name.

K. Mutual Funds/Money market mutual funds: Having a rating of “AAA” or an equivalent by no less than two NRSRO with no load and maintained at $1 par value. No more than 20 percent of the cost value of portfolio value at time of purchase should be invested in this category, and the City's investment in any specific mutual fund will not exceed 10 percent of that mutual fund's total assets.

L. Mortgage Pass-through and Asset Backed Securities: A mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agency’s surplus moneys that may be invested pursuant to this section.

M. County Pooled and/or Joint Powers Authority Investment Funds: The city may invest in a joint powers authority organized pool that invests in the securities and obligations authorized in 53601(a) to (q) inclusive. There is no limitation as to the percentage of monies that can be invested in either a County or Joint Powers Authority pool

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Investment Policy Statement
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N. Local Agency Investment Fund: The City may invest in the LAIF established by the State Treasurer for the benefit of local agencies up to the maximum permitted by State law.

O. Supranational Obligations: Securities of United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section.

18. INELIGIBLE INVESTMENTS
Investments not described herein including, but not limited to, equity securities such as common stocks, preferred stocks, convertibles, inverse floaters, range notes and interest-only strips that are derived from a pool of mortgages are prohibited from use in this portfolio. The City is prohibited from entering into a margin agreement and/or borrowing on margin.

19. FISCAL ACCOUNTABILITY AND INVESTMENT COMMITTEE
The City Council will appoint a Fiscal Accountability and Investment Committee composed of seven (7) City of Montebello residents, with the City Treasurer and Director of Finance (or his/her designee) serving as ex officio members.

Each City Councilmember will appoint one person to the committee, making up five (5) of the seven (7) total members. The terms of Committee members chosen in this manner will coincide with that of the appointing City Councilmember or at such time the appointing City Councilmember makes a subsequent appointment.

The additional two (2) members will be appointed by majority vote of the entire City Council. The terms of Committee members chosen in this manner will be four (4) years with the term commencing on the date the appointment is approved by a majority of the City Council and ending four (4) years from that date or at such time a majority of City Councilmembers make a subsequent appointment.

All members, regardless of the method of appointment, may serve multiple, consecutive terms.

The committee will meet at a minimum quarterly to review, monitor and make recommendations with respect to the City’s investment program, as well as meet the requirements of the Measure H Transaction and Use Tax Ordinance, Section 19, Accountability which requires an annual review of the expenditure of the proceeds of Measure H. A registered investment advisor may be appointed by the City Council to serve as advisor to the Committee and the City Council.

20. PORTFOLIO REPORTING
In accordance with California Government Code, Sections 53607 and 53646(b), the Director of Finance shall provide on a monthly and quarterly basis an investment portfolio report to the City Council. The report shall include a listing of each of the City's investments (a description that adequately describes the security), the purchase date, maturity date, cost basis, current cost value (book value), interest rate, weighted average maturity, current unrealized loss or gain and a listing of investment transactions that includes purchase/deposit and sale/withdrawal activity. Various investment types will be categorized and grouped in the same structure as the qualified investment categories identified in this policy. The portfolio report shall include a statement certifying the ability of the City to meet its expenditure

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Investment Policy Statement
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requirements for the next six months or provide an explanation as to why sufficient money shall, or may, not be available.

The investment portfolio report shall include market value information for all investments. A monthly market value will be obtained for each security owned by the City. For purposes of reporting, the market value of each security may be obtained from the City’s custodian bank or other pricing source(s) utilized by the City’s designated investment management firm (registered investment advisor).

The City shall record interest revenue on a modified accrual basis of accounting that is typical for reporting and recording of interest earnings. Securities held by a fiscal agent or trustee shall also be recorded on a modified accrual basis of accounting. The Director of Finance will report year-end investments in conformance with Governmental Accounting Standards Board Statement Nos. 31, 40, and 72.

21. REVIEW OF INVESTMENT PORTFOLIO
The securities held by the City must be in compliance with Section 17, Authorized and Suitable Investments, at the time of purchase. A quarterly review of investments will be done to identify any securities that are no longer in compliance.

22. INVESTMENT POLICY ADOPTION
The City Council shall review and adopt this Investment Policy by resolution annually.

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Investment Policy Statement
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GLOSSARY
AGENCIES – Agencies of the Federal government set up to supply credit to various classes of institutions (e.g., S&L's, small business firms, students, farmers, housing agencies, etc.) Examples include Federal Home Loan Mortgage Corporation (FHLMC), Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB), and Federal Farm Credit Bank (FFCB).

ASSET BACKED SECURITIES - Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.

ASK/OFFER – The price at which securities are offered. (The price at which a firm will sell a security to an investor)
BANKERS’ ACCEPTANCE (BA) – A draft or bill of exchange accepted by a bank or trust company.

The accepting institution guarantees payment of the bill as well as the issuer.

BASIS POINT – One one-hundredth of a percent (i.e., 0.01 percent) BEAR MARKET – A period of generally pessimistic attitudes and declining market prices.

BID PRICE – The price at which a broker/dealer will buy securities from an investor.

BOND EQUIVALENT YIELD – The basis on which yields on notes and bonds are quoted.

BOOK VALUE (COST VALUE) – The purchase price of the security as recorded on the City’s books.

BROKER – An individual or firm acting as intermediary by purchasing and selling securities for others.

BULL MARKET – A period of generally optimistic attitudes and increasing market prices.

CALLABLES – Securities that the issuer has the right to redeem prior to maturity.

CERTIFICATE OF DEPOSIT (CD) - A time deposit with a specific maturity evidenced by a certificate.

Large denomination CD's are typically negotiable.

CMT – Constant Maturity Treasury – An index of the average yield on United States Treasury securities adjusted to a constant maturity.

COLLATERAL – Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) - The official annual financial report of the City. It includes combined statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.

CORPORATE MEDIUM TERM NOTE – A security issued by a corporation doing business in the U.S. with a maturity not to exceed five years.

COST VALUE (BOOK VALUE) – The purchase price of the security as recorded on the City’s books.

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COUPON – a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value; b) a certificate attached to a bond evidencing interest due on a payment date.

DEALER – An individual or firm acting as principal in a security transaction.

DEBENTURE - A bond secured only by the general credit of the issuer.

DELIVERY VS PAYMENT - Delivery of securities with a simultaneous exchange of money.

DEMAND ACCOUNT – An account with a commercial bank from which check withdrawals may be made at any time.

DERIVATIVES – Financial products that are dependent for their value on (or derived from) an underlying financial instrument, a commodity, or an index representing values of groups of such instruments or assets.

DISCOUNT – The difference between the cost price of a security and its par value when the cost is lower than par. A security selling below original offering price shortly after sale also is considered to be at a discount.

DIVERSIFICATION – Dividing investment funds among a variety of securities offering independent returns.

FEDERAL FUNDS RATE – Interest rate charged by one institution lending federal funds to another.

FEDERAL OPEN MARKET COMMITTEE (FOMC) – Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other presidents serve on a rotating basis.

The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.

FINANCIAL ADVISOR – A firm or bank that acts in a financial advisory capacity with respect to a new issue of municipal securities pursuant to a written contract.

FISCAL AGENT – A financial institution which performs payment of principal and interest to bondholders, and certain administrative duties on the bond issuer’s behalf.

GOVERNMENTAL ACCOUNTING STANDARDS BOARD – The independent organization that establishes and improves standards of accounting and financial reporting for U.S. state and local governments.

INTERNAL RATE OF RETURN – Rate of return over the life of a security on variables.

LOCAL AGENCY INVESTMENT FUND (LAIF) – The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.

MARKET VALUE – The price at which a security is trading, usually the liquidation value.

MASTER REPURCHASE AGREEEMENT – A written contract covering all future transactions between the parties to repurchase-reverse repurchase agreements that establishes each party’s rights in the

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Investment Policy Statement
Adopted June 12, 2024
transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller borrower.

MONEY MARKET MUTUAL FUNDS – Open-ended mutual fund that invests in commercial paper, banker’s acceptances, repurchase agreements, government securities, certificates of deposit and other highly liquid and safe securities, and pays money market rates of interest. The fund’s net asset value remains a constant $1 a share, with the interest rate increasing or decreasing.

MORTGAGE PASS-THROUGH SECURITIES – A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.

NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO) – A rating organization designated by the SEC as being nationally recognized.

OFFER PRICE – The price at which a broker/dealer will offer securities to an investor.

OPEN MARKET OPERATIONS – Federal Reserve activity. Under the Federal Reserve Act, the Fed uses purchases and sales of Government and Federal Agency securities to add to or subtract from commercial bank reserves. Goals are to sustain economic growth, high employment and reasonable price stability.

PAPER GAIN OR LOSS – Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists as long as the security is held while there is a difference between cost value (book value) and the market value.

PORTFOLIO – Collection of securities held by an investor.

PREMIUM – The difference between the cost price of a security and its par value, when the cost is higher than par.

PRIMARY DEALER – A group of government securities dealers that serve as trading counterparties of the New York Fed in its implementation of monetary policy. This role includes the obligations to: (i) participate consistently in open market operations to carry out U.S. monetary policy pursuant to the direction of the Federal Open Market Committee (FOMC); and (ii) provide the New York Fed's trading desk with market information and analysis helpful in the formulation and implementation of monetary policy. Primary dealers are also required to participate in all auctions of U.S. government debt and to make reasonable markets for the New York Fed when it transacts on behalf of its foreign official accountholders.

RATE OF RETURN – The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity; on a bond, the current income return.

REPURCHASE AGREEMENT (REPO) – A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate them for this.

REVERSE REPURCHASE AGREEMENT (REVERSE REPO) – A reverse-repurchase agreement (reverse repo) involves an investor borrowing cash from a financial institution in exchange for securities. The investor agrees to repurchase the securities at a specific date for the same cash value plus an agreed upon interest rate. Although the transaction is similar to repo, the purpose of entering

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Investment Policy Statement
Adopted June 12, 2024
into a reverse repo is quite different. While a repo is a straightforward investment of public funds, the reverse repo is a borrowing.

SAFEKEEPING – The service provided by banks and trust companies for clients when the bank or trust company stores the securities, takes in coupon payments, and redeems issues at maturity.

SECURITIES & EXCHANGE COMMISSION (SEC) - Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC RULE 15(C) 3-1 – See Uniform Net Capital Rule.

SPREAD – a) The yield or price difference between the bid and offer on an issue; b) the yield or price difference between different issues.

SUPRANATIONALS – International institutions formed by two or more governments that transcend boundaries to pursue mutually beneficial economic or social goals. There are three supranational institutions that issue obligations that are eligible investments for California local agencies: the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), and Inter-American Development Bank (IADB).

SWAP – The sale of one issue and the simultaneous purchase of another for some perceived advantage.

TREASURY BILLS – A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year.

TREASURY BONDS – U.S. Treasury securities that have initial maturities of more than 10 years.

TREASURY NOTES – Intermediate-term coupon bearing U.S. Treasury securities having initial maturities from one year to ten years.

TRUSTEE – A financial institution with trust powers that acts in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract.

UNIFORM NET CAPITAL RULE – Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities. Liquid capital includes cash and assets easily converted into cash.

WHEN ISSUED BASIS (WI) – A term applied to securities that are traded before they are actually issued with the stipulation that transactions are null and void if securities are not issued.

YIELD CURVE – Yield calculations of various maturities at a given time to observe spread difference.

YIELD TO MATURITY – The current coupon yield minus any premium above par, or plus any discount from par in the purchase price with the adjustment spread over the period from date of purchase to maturity.

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ITEM # 10

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director
SUBJECT: APPROVE AMENDMENT NO. 5 TO AGREEMENT NO. 3937 WITH

SPORTFIVE GOLF, LLC FOR ADDITIONAL ARCHITECTURAL AND

ENGINEERING SERVICES FOR THE MONTEBELLO MUNICIPAL

GOLF COURSE RENOVATION PROJECT
DATE: June 12, 2024
RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Amendment No. 5 to Agreement No. 3937 with SPORTFIVE Golf, LLC for additional architectural and engineering services in the amount not-to-exceed $59,450; and

2. Authorize the City Manager to execute the amendment; and

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

FISCAL IMPACT:

The total estimated expense for the additional architectural and engineering services is $59,450. The contract amount for SPORTFIVE Golf, LLC increases from $1,238,290 to $2,039,317. See below for breakdown of previous amendments, along with the proposed Amendment No. 5:

Original Contract with SPORTFIVE $1,238,290
Amendment No. 1 $188,790
Amendment No. 2 $149,890
Amendment No. 3 $ 362,487
Amendment No. 4 $40,410
Amendment No. 5 $59,450
Total Contract Amount $2,039,317

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 12, 2024

Page 2 of 2 ends

There are sufficient appropriations in Fund 310 (Golf Course Renovation Project) to cover the additional expenses of Amendment No. 5. Therefore, no budget amendment is necessary.

BACKGROUND/DISCUSSION:

On November 10, 2021, the City Council awarded Professional Services Agreement No. 3937 to SPORTFIVE Golf, LLC for the design of the Montebello Municipal Golf Course Renovation Project. The agreement was in response to Request for Proposals (RFP) No. 22-1.

The Golf Course Renovation Project has three distinct phases. The first two phases consisted of rough grading and engineering work, followed by contouring, landscape and related work to create the re-imagined Golf Course. Phase 3 is primarily comprised of work on the new clubhouse as well as related construction work on/around the clubhouse site. Additional design services are required to address various project elements that were not contemplated as part of the original project scope and/or to address conditions that have changed during the development of the design. The additional services are summarized in Exhibit A of Attachment B.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Upon approval of Amendment No. 5 to Agreement No. 3937, staff will coordinate the completion of the added services and the design of the golf course clubhouse with SPORTFIVE Golf, LLC.

ATTACHMENT(S)

1. Attachment A - Agr No. 3937 Amendment No. 5

2. Attachment B - Agreement No. 3937

3. Attachment C - Agr No. 3937 Amendment No. 1

4. Attachment D - Agr No. 3937 Amendment No. 2

5. Attachment E - Agr No. 3937 Amendment No. 3

6. Attachment F - Agr No. 3937 Amendment No. 4
NEXT STEPS:

N/A

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ATTACHMENT A
AMENDMENT NO. 5
TO PROFESSIONAL SERVICES AGREEMENT NO. 3937

BETWEEN THE CITY OF MONTEBELLO

AND SPORTFIVE GOLF, LLC
This Amendment (“Amendment No. 5”) to that certain Services Agreement No. 3937 for architectural & engineering services for the Montebello Municipal Golf Course Renovation Project dated November 16, 2021, as amended (“Agreement”), is made as of June 12, 2024 (“Effective Date”), by and between the City of Montebello (“City”), and SPORTFIVE Golf, LLC (“CONTRACTOR”). City and CONTRACTOR are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, City and the CONTRACTOR are parties to the Agreement, dated November 16, 2021, under which CONTRACTOR was awarded a professional services agreement by the City for architectural & engineering services; and WHEREAS, City and the CONTRACTOR are parties to Amendment No. 1 to the Agreement, dated May 11, 2022, for additional architectural & engineering services; and WHEREAS, City and the CONTRACTOR are parties to Amendment No. 2 to the Agreement, dated August 1, 2022, for additional architectural & engineering services; and WHEREAS, City and the CONTRACTOR are parties to Amendment No. 3 to the Agreement, dated August 23, 2023, for additional architectural & engineering services; and
WHEREAS, City and the CONTRACTOR are parties to Amendment No. 4 to the Agreement, dated February 28, 2024, for additional architectural & engineering services; and
WHEREAS, City and CONTRACTOR now desire to amend the Agreement to expand the scope of work and increase the related compensation under the Agreement; and
NOW, THEREFORE, the parties to this Amendment No. 5 agree to amend the Agreement as follows:

SECTION 1. AMENDMENT TO SERVICES/COMPENSATION. The scope of work to the Agreement is expanded to include the following services attached hereto as Exhibits A-1 and A-2 which are incorporated into the Agreement by this reference.

Compensation for the expanded scope of work contemplated in this Amendment No. 5 shall be as follows:
“City agrees to compensate CONTRACTOR for the expanded scope of work

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contemplated under Amendment No. 5 (Attachment “B”), and CONTRACTOR agrees to accept in full satisfaction for such services an amount not-to-exceed the sum of Fifty Nine Thousand Four Hundred and fifty dollars ($59,450); unless a different amount is specifically approved in advance in writing by City.” SECTION 2. EFFECT. Except as expressly modified by this Amendment No. 5, all provisions of the Agreement shall remain in full force and effect.

SECTION 3. ENTIRE AGREEMENT. The provisions of this Amendment No. 5 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 5 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 5.

SECTION 4. AUTHORITY. The person or persons executing this Amendment No. 5 on behalf of each of the Parties warrants and represents that he or she has the authority to execute this Amendment No. 5 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties have signed this Amendment No. 5 as of the Effective Date stated in the introductory clause.
[SIGNATURES ON THE NEXT PAGE]

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CITY OF MONTEBELLO a California
municipal corporation
(“City”)
By:

Raul Alvarez, City Manager

SPORTFIVE GOLF, LLC
(“CONTRACTOR”)
By:

Name:

Title:

By:

ATTEST:

Name:

Title:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman,
City Attorney
Exhibits:
• Exhibit A-1 Proposal Dated September 15, 2024
• Exhibit A-2 Proposal Dated November 21, 2023

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Exhibit "A Exhibit Exhibit "A-"A" 1"-1"
September 15, 2023
City of Montebello
Mr. James Enriquez, P.E.

Director/ City Engineering
1600 W. Beverly Blvd.

Montebello, CA 90640
RE: Amendment #26 – Engineering Services for Via San Clemente Paving Dear Mr. Enriquez,
Attached is Additional Work Proposal for engineering services for the Montebello Golf Course Project.

The services and fee includes work requested related to ADA upgrade and pavement rehabilitation for Via San Clemente, starting at its intersection with Garfield Ave. and ending approximately 1000 LF south at the intersection with the east drive aisle.

This is for additional design and coordination services outside of the existing SportFive Agreement with the City of Montebello.

The attached proposal is from DRC Engineering, Inc. Total additional fee is $24,200. Detailed information and a summary of projected hours and hourly rates is included. In addition to the $24,200 fee, SportFive will add an additional five (5%) percent for coordination and management.

Total Fee for Amendment #26, Engineering Services for Via San Clemente Paving - $25,410.

If you have any questions, or require further information, please feel free to contact me any time.

Sincerely,
Michael Angus/ SportFive

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September 14, 2023
Job No. 21-167
Mike Angus
Sport Five
488 Madison Avenue, 16th Floor
New York, NY 10022
480-483-9500
RE: Additional Work Authorization AWA #7 Montebello Golf Course Dear Mike,
Please find enclosed Additional Work Authorization (AWA) #7 for Montebello Golf Course 901 Via San Clemente, Montebello, CA 90640. This work authorization is intended to cover additional work requested related to ADA upgrade and pavement rehabilitation for Via San Clemente starting at its intersection with Garfield Ave. and ending approximately 1000 LF south at the intersection with the east drive aisle that was not included as part of our proposal for the Montebello Golf Course project. We appreciate the opportunity to be involved with this project and look forward to its successful completion.

Please contact me should you have any questions.

Sincerely,
Attachment
Jeptha Brander, PE
Project Manager

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Scope of Services and Fees: September 14, 2023
Job No. 21-167 AWA #7

Page 1 of 3 ends

Project: Montebello Golf Course

1.0 INTRODUCTION & SCOPE OF SERVICES
This Additional Work Authorization #7 (AWA) is for additional survey and engineering coordination services related to the Montebello Golf Course. The following Scope of Services outlines the identified additional tasks required for the successful completion of the project.

Field Topography
DRC will perform additional field topography on Via San Clemente. This topography will include sections approximately every 25’ linear feet across the existing roadway. Field topography will be sufficiently detailed to perform an engineering review of existing pedestrian routes to determine areas of non-compliance with current guidelines and be utilized to establish existing roadway design grades and drainage. New surface features designed (if constructed) as part of golf course rehabilitation project will be “As Built” for incorporation into project plans. The field survey will then be processed into CAD files for design purposes. NOTE: it is understood prevailing wage will be paid to field survey crew.

Via San Clemente Roadway Maintenance Plans
DRC will prepare roadway maintenance plans for necessary pavement rehabilitation of Via San Clemente. It is understood this is maintenance of existing roadway and a SWPPP will no be required, GC to implement standard construction erosion control BMPs. The existing curb and gutter will be maintained for street drainage and no upgrades for green street design. Plans will be plan view only (no profiles) with centerline & right-of-way based on record street drawings.

Portions of the existing walk will be removed and re-constructed to conform to current accessible guidelines. Existing driveways will be maintained at existing location. Plans will be prepared at no less than 1”=40’ with necessary ADA blow-up details prepared at no less than 1”=10’.

Construction Support & Site Visits
Assist the Client, Architect, and General Contractor in clarifying the intent of the Project Plans and to resolve construction issues in the field. Respond to RFI’s on the project, in writing, and distribute to the Project Team. As necessary, prepare plan revisions or details to facilitate completion of the work. Attend Pre-Construction Meeting and Construction Progress Meetings, as directed by the Client. At the direction of the Client, DRC’s Project Manager or Project Engineer will visit the Site to make observations of the improvements and their conformance with the Project Plans, or, to resolve construction issues in the field. This task does not constitute inspection or certification of construction on the part of DRC. Task assumes 20 staff hours including two (2) site visits.

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Scope of Services and Fees: September 14, 2023
Job No. 21-167 AWA #7

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2.0 SCOPE of SERVICES EXCEPTIONS
No additional services will be performed on the project without prior written authorization from the client. For clarification, this scope of work does not include the following tasks:
• Any task or services not specifically included under the Scope of Services Section above. • SWPPP
• Storm water quality
• Street re-configuration
• Construction staking (available from DRC by request)

3.0 FEE SCHEDULE
The scope of services outlined in Section 1.0 will be completed for a fixed fee as indicated below. It is agreed and mutually understood that the tasks are interrelated and that the fee is divided into tasks solely to facilitate the preparation and approval of progress billings in accordance with terms of the agreement. The task fees shown below, plus any fees for reimbursable expenses and authorized additional services, represent the total contract amount.

Construction Documents
Task Fixed Fee
Field Topography $6,900
Roadway Maintenance Plans $12,000
Construction Support $4,100
Subtotal $23,000
Reimbursables $1,200
Total $24,200

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Scope of Services and Fees: September 14, 2023
Job No. 21-167 AWA #7

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4.0 HOURLY SCHEDULE OF BILLING RATES
Principal $200.00/Hour
Project Manager $190.00/Hour
Project Engineer / Surveyor $180.00/Hour
Design Engineer $170.00/Hour
CADD Drafter $155.00/Hour
Engineering Aide / Administration $135.00/Hour
2-Man Survey Crew $265.00/Hour
2-Man Survey Crew (Prevailing Wage) $305.00/Hour

5.0 CONTRACT PROVISIONS
1: It is DRC Engineering Inc.’s (DRC) policy to meet all schedule requirements while maintaining a competent and professional level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed and understood that all invoices will be considered delinquent sixty (60) days after invoice date.
2: Client shall pay the cost, plus 10%, for any applicable application and governmental fees, title company charges, well monuments, outside vendor reproduction costs, in-house reproduction cost, and delivery or messenger services incurred on Client’s behalf. If requested, we will provide a computer printout, which details these costs. We do not typically provide any additional back up for these generally nominal expenses as part of our fee.
3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices shall be considered due and payable upon presentation.
4: In the event this Agreement is breached, terminated, or canceled, or if Additional Services are required, then Client shall pay DRC per the foregoing hourly rates for work completed. 5: The above Schedule of Hourly Billing Rates is for straight time only. In the case of overtime, the rate charged will be 1-1/2 times the hourly rates shown.
6: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client. 7: This proposal may be considered as effective for six (6) months from the date of this letter. If the project is not completed within one (1) year after the scheduled start date (due to no fault of DRC), additional reimbursement may be required. If required, such additional reimbursement would be subject to negotiation and mutual agreement between both parties.
8: The Client agrees to limit DRC’s liability to the Client and to all contractors and subcontractors on the project, to damages based on proven professional negligent acts, errors or omissions on the part of DRC only.
9: Reliance on Documents or Reports Prepared by Others – In performing services herein, it is anticipated that DRC Engineering and its subconsultants will receive information prepared or compiled by others; therefore, DRC Engineering makes no claims as to the accuracy and/or completeness of the information relied without independent evaluation or verification We are prepared to begin work on this project upon receipt of authorization.

Accepted by: Title:

Sportfive Date:

End of Proposal

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Exhibit "A Exhibit Exhibit "A"B" -2"-2"
November 21, 2023
City of Montebello
Ms. Rita Montalvo
Director/ City Engineering
1600 W. Beverly Blvd.

Montebello, CA 90640
RE: Amendment #27 – Engineering Services for Lake Fill Coordination and Via San Clemente Plan Additional Scope
Dear Ms Montalvo,
Attached is Additional Work Proposal for engineering services for the Montebello Golf Course Project.

The services and fee includes work requested related to Engineering coordination for lake fill and additional work outside the scope for the Via San Clemente paving plans.

This is for additional design and coordination services outside of the existing SportFive Agreement with the City of Montebello.

The attached proposal is from DRC Engineering, Inc. Total additional fee is $15,000. Detailed information and a summary of projected hours and hourly rates is included. In addition to the $15,000 fee, SportFive will add an additional five (5%) percent for coordination and management.

Total Fee for Amendment #27, Engineering Services for Via San Clemente Paving - $15,750.

If you have any questions, or require further information, please feel free to contact me any time.

Sincerely,
Michael Angus/ SportFive

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November 20, 2023
Job No. 21-167
Mike Angus
Sport Five
488 Madison Avenue, 16th Floor
New York, NY 10022
480-483-9500
RE: Additional Work Authorization AWA #8 Montebello Golf Course Dear Mike,
Please find enclosed Additional Work Authorization (AWA) #8 for Montebello Golf Course 901 Via San Clemente, Montebello, CA 90640. This work authorization is intended to cover additional effort not currently covered under the original contract or previous additional services. We appreciate the opportunity to be involved with this project and look forward to its successful completion.

Please contact me should you have any questions.

Sincerely,
Jeptha Brander, PE
Project Manager
Attachment

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Scope of Services and Fees: November 20, 2023
Job No. 21-167 AWA #8

Page 1 of 3 ends

Project: Montebello Golf Course

1.0 INTRODUCTION & SCOPE OF SERVICES
This Additional Work Authorization #8 (AWA) is for additional engineering design and coordination services related to the Montebello Golf Course. The following Scope of Services outlines the identified additional tasks required for the successful completion of the project.

Los Angeles County Department of Health Coordination
In Mid-October LADPH conducted a site visit with the general contractor and would not allow commencement of lake fill utilizing reclaimed water. This was an unforeseen change by the department on a project critical path to start watering processes for the golf course. DRC coordinated with department and water agency to fully understand the agencies’ concerns. DRC prepared exhibits for agency review to illustrate the lake interaction in a high storm (lake inundated to flood level) with water agency features. DRC provided exhibits to the golf contractors to construct the necessary lake fill design features to satisfy agency concerns while maintaining the general overall design aesthetic of the golf course. DRC led an on-site meeting with stakeholders and contractors to ensure all issues were satisfactorily addressed and a clear plan to move forward was understood by all attendees and the lake was allowed to be filled in a timely manner.

Via San Clemente Storm Drain
At the request of stakeholder’s input DRC implemented the request to add additional catch-basin inlets and necessary storm drain. This request was in response to hotel operator noting to city staff the existing catch basins located near the front of the Home 2 Suites hotel are routinely inundated in small rain events due to the extensive area south of the catch basins tributary to the existing inlets. Based on the field walk with city staff it was agreed additional catch basins were justified. The catch basins size would be based on simple aerial estimation of tributary area due to long-term planned changes of the up-hill area and desire not to further increase scope of work on Via San Clemente. City staff directed these changes to be incorporated into a plan set submitted to the City on Nov. 16th.

Via San Clemente Revisions
During this field walk city staff indicated a desire to revise the “As-Built” connection of Top Golf Drive to Via San Clemente to a PCC apron for better durability and this was incorporated into street plans. City staff also requested DRC prepare an engineer’s estimate of work with several bid alternative’s itemized on the plans for the GC to break out to allow city staff to determine best utilization of funding. During the field walk with stakeholders, the changes to Via San Clemente were discussed and it was determined a signing and striping plan would be necessary to re-stripe Via San Clemente to fit with owner/operator vision of the overall golf campus. City staff directed these changes to be incorporated into a plan set submitted to the City on Nov. 16th.

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Scope of Services and Fees: November 20, 2023
Job No. 21-167 AWA #8

Page 2 of 3 ends

Construction Documents
Task Fixed Fee
LACO DPH Coordination $6,000
Via San Clemente Storm Drain $5,500
Via San Clemente Plan Additions $3,500
Subtotal $15,000
Total $15,000

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Scope of Services and Fees: November 20, 2023
Job No. 21-167 AWA #8

Page 3 of 3 ends

Accepted by: Title:

Sportfive Date:

End of Proposal

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CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 3937

BY AND BETWEEN

CITY OF MONTEBELLO
AND

SPORTFIVE GOLF, LLC
THIS AGREEMENT ("Agreement") is made and entered into on November 16, 2021, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as "CITY") and SPORTFIVE Golf, LLC (hereinafter referred to as "CONTRACTOR"). CITY and CONTRACTOR are sometimes referred to herein individual as the "Party," and jointly as the "Parties."

RECITALS
WHEREAS, the CITY desires to retain a qualified professional contractor to provide Professional 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 Request for Proposals, RFP 22-1 issued on October 20, 2021, to provide Architectural & Engineering Design Services for the Montebello Municipal Golf Course Renovation Project in the City of Montebello ("Request for Proposals"), as such is set forth fully in CONTRACTOR's proposal dated November 3, 2021 and submitted in response to RFP No. 22-1, Exhibit "A" hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

B. CONTRACTOR shall provide to CITY all labor, equipment, materials and incidental necessary to provide Architectural & Engineering Design Services for the Montebello Municipal Golf Course Renovation Project as set forth fully in CONTRACTOR's proposal dated November 3, 2021 and submitted in response to RFP No. 22-1, as such is set forth fully in Exhibit "A" hereto and incorporated fully herein by this reference (hereinafter "Professional Services").

C. CONTRACTOR shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit "8" and incorporated fully herein by this reference ("Compensation") for a total not-to-exceed amount of one million two hundred and forty-four thousand two hundred and forty dollars ($1,244,240). CONTRACTOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY. / /

ATTACHMENT B

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SECTION 2. TERM.

This Agreement shall commence upon issuance of the Notice to Proceed by the City ("Effective Date"), and shall expire in Two (2) Years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to One (1) Year extension upon such terms and conditions mutually agreed upon by the Parties in writing.

SECTION 3. PERFORMANCE.
a. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein. b. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Contractor hereunder, in meeting its obligations under this Agreement. c. CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. d. CONTRACTOR shall have the right to retain, subject to CITY's approval, additional individuals, consultants or subcontractors to assist in the completion of services as herein defined.

Compensation for additional individuals, consultants or subcontractors shall be the sole and exclusive responsibility of CONTRACTOR.
e. CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by 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. CONTRACTOR hereby agrees that all work product produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY.

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 CONTRACTOR. b. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by 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. CONTRACTOR agrees that the covenants contained in this Article 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 CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the City Manager.

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SECTION 6. CITY SUPERVISION.

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

SECTION 7. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by Contractor which cannot be corrected within ten (10) days, said contract shall at the option of the City cease and terminate upon the giving of like notice. In the event of any such termination for default by Contractor, the City may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor.

The Contractor and his sureties shall be liable to the 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, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination, but the terminating party shall be entitled to pursue any and all available remedies at law or in equity. Further, upon such a termination, the Parties agree that CONTRACTOR shall be reimbursed for any "nonrefundable" costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such "non- refundable" costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that CONTRACTOR provides the CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such "nonrefundable" costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice 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 thirty (30) business days' written notice to CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONTRACTOR shall be reimbursed for any "non-refundable" costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such "non- refundable" costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that CONTRACTOR provides the CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such "non-refundable" costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. 3 ��L

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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 regular employee of the CITY shall be employed by CONTRACTOR during the 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 CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

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

SECTION 11. PERS ELIGIBILITY INDEMNITY.
a. In the event that CONTRACTOR or any employee, agent, or subcontractor of 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, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of 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 CITY.
b. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, 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 compensation, benefit, or any incident of employment

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by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 12. LEGAL RESPONSIBILITIES.

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

Each of the Parties (the "Indemnifying Party") agrees to, and shall indemnify, protect and hold harmless, the other, its officers, officials, employees, subsidiaries, affiliates, parent entities, agents and volunteers (and, as it relates to the CITY, its elected and appointed boards) (collectively, the "Indemnified Parties") 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 Indemnified Party 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 Indemnifying Party's negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of such Indemnified Party.

SECTION 14. INSURANCE COVERAGE.

During the term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR'S performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services 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 $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. 5 �
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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. CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.

At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured.

CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY's Risk Manager such certificate(s).

CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two 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 CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days' prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to 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.

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

All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR'S employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. 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 CITY, CONTRACTOR shall either reduce or eliminate the deductibles or selfinsured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

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

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SECTION 15. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any 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 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 County of Los Angeles, California. The Parties agree that the covenants contained in this Article 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:
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
7

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1600 West Beverly Boulevard
Montebello, California 90640
E-mail: [email protected]
Copy to:

City Attorney
Arnold M. Alvarez-Glasman
13181 Crossroads Parkway North. Suite 400, West Tower
Industry, CA 91746
CONTRACTOR:

Mr. Michael Angus

SPORTFIVE
7077 E Marilyn Road, Suite 140
Scottsdale, AZ 85254
E-mail: [email protected]
Copy to:

General Counsel

SPORTFIVE
7777 Glades Road, Suite 100
Boca Raton, FL 33434
E-Mail: [email protected]
SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

SECTION 23. CONFLICT OF INTEREST.

CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

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

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SECTION 24. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this 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.

CITY OF MONTEBELLO
Rene Bobadilla
City Manager
Dated: It /JD J� I

CONTRACTOR
SP��?£=
R. Steve Loy
President, Global Golf
APPROVED AS TO FORM:
4 �£-M.Aivarez-Glasman
City Attorney

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ATTACHMENT C

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ATTACHMENT D

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ATTACHMENT E

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ATTACHMENT F

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ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
5/1/2024
(502) 259-9304 1304 (502) 259-9304
25658
SPORTFIVE Americas Holdings, Inc.
488 Madison Avenue - Floor 16
New York, NY 10022
12489
A 1,000,000
630-0Y694558 2/29/2024 1/1/2025 1,000,000
5,000
1,000,000
2,000,000
2,000,000
LIQUOR LIABILIT 1,000,000
A 1,000,000
BA-0Y620754 2/29/2024 1/1/2025
A 10,000,000
CUP-0Y706899 2/29/2024 1/1/2025 10,000,000
10,000
B Professional Lia 7GA7PL0001899-00 2/1/2024 Professional Lia 3,000,000 City of Montebello
1600 W Beverly Blvd.

Montebello, CA 90640
LAGANOR-01 JMARION
Louisville (DG) / AssuredPartners NL
435 North Whittington Parkway, Suite 300
Louisville, KY 40222
Jackson Marion
[email protected]
Travelers Indemnity Company
Bridgeway Insurance Company
1/1/2025
X
X
X
X
X
X
X

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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. 24-34 APPROVING THE FISCAL YEAR 2024-25 PROJECT LIST FOR SENATE BILL 1 "THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017" FUNDED PROJECTS
DATE: June 12, 2024
RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 24-34 approving the Fiscal Year 2024-25 project list for Senate Bill 1, the Road Repair and Accountability Act of 2017 funded projects; and

2. Authorize staff to submit the resolution and project list to the California Transportation Commission (CTC); and,

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

FISCAL IMPACT:

Prior to receiving an apportionment of Road Maintenance and Rehabilitation Account (RMRA/SB1) funds from the California State Controller in a fiscal year, the City must submit to the California Transportation Commission (CTC) an adopted list of projects proposed to be funded with RMRA/SB 1 funds by July 1, 2024. All projects proposed to receive the fiscal year funding (Attachment A) must be adopted by resolution per Streets and Highways Code Section 2034(a)(1).

The roadway segments listed on the attached resolution intend to use a combination of Maintenance of Effort (MOE) funds ($2,438,124) and RMRA/SB1 funds (approximately $1,623,200), which have been made available by the Local Streets and Roads Funding Program and meets the intent of the funding as indicated in Streets and Highway Code Section 2030(a) and the 2024 Local Streets and Roads Funding Program Reporting Guidelines. The estimated total project cost for the design, construction and

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 12, 2024

Page 2 of 3 ends

management/oversight of the project is $4,061,353. Once the design is completed, staff will present a more concise budget estimate to the City Council for consideration and approval.

The Fiscal Year 2024-25 proposed budget includes $1.100 million in appropriations of RMRA/SB1 funds as part of the Capital Improvement Program (CIP) budget; with $800,000 proposed for the City's annual street resurfacing program. The section below contains additional details about the streets to be included in the project list.

BACKGROUND/DISCUSSION:

On April 28, 2017, the Governor signed Senate Bill 1 (SB 1), Road Repair and Accountability Act of 2017, to address transportation funding shortfalls statewide. SB 1 increased per gallon fuel excise taxes; increased diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.

SB1 established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund. Beginning in January 2018, the State Controller deposited funds generated from increased fuel taxes and vehicle registration fees into the RMRA. A portion of RMRA funds is distributed on a monthly basis to the City for basic road maintenance, rehabilitation and critical safety projects on local streets and road systems. The amount of RMRA/SB1 revenue estimated for Fiscal Year 2024-25 is $1.623 million, and has been included in the proposed FY 2024-25 budget (Fund 201).

SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. In order to be eligible for RMRA funding in Fiscal Year 2024-25, the City must adopt a resolution approving the list of projects to receive RMRA funding. Staff recommends that SB 1 funding be applied towards the following streets in accordance with the City’s approved Pavement Management Program, with funding included in the proposed FY 2024-25 CIP budget:

FY 2024-25 SB 1 Rubberized Asphalt Street Enhancement Project Street Names From To
1 st Street Poplar Way Whittier Boulevard
Via Campo Garfield Avenue Gerhart Avenue
Vail Avenue Beverly Boulevard Washington Boulevard
Madison Avenue Vail Avenue Wilcox Avenue
18th Street Beverly Boulevard Whittier Boulevard
16th Street Cleveland Avenue Madison Avenue
Cleveland Avenue Maple Avenue Montebello Boulevard
Via Val Verde Concourse Avenue Beverly Boulevard
Maple Avenue Loma Road Westmoreland Drive
Perry Avenue Germain Drive Westmoreland Drive
Following City Council approval and acceptance of the streets to be rehabilitated, SB 1

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funding guidelines require staff to submit to the California Transportation Commission (CTC) the proposed project list and adopted resolution (Attachment A).

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends the City Council Approve Resolution 24-34 (Attachment A), approving submission of a project list to the California Transportation Commission that will utilize RMRA/SB1 funds in FY 2024-25.

ATTACHMENT(S)

1. Attachment A - FY 2024-25 SB 1 Project List Resolution 24-34 NEXT STEPS:

N/A

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ATTACHMENT A
RESOLUTION NO. 24-34
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25

FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Montebello, County of Los Angeles, are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Montebello must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Montebello, will receive an estimated $1,623,229 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the 2024-25 year in which the City of Montebello is receiving SB 1 funding and will enable the City of Montebello to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Montebello has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Montebello used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment; and

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WHEREAS, the funding from SB 1 will help the City of Montebello maintain and rehabilitate local roadways and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an at-risk and poor condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into excellent and good condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Montebello, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:

Project Title: FY 2024-25 SB 1 Rubberized Asphalt Street Enhancement Project Project Description: City shall utilize Rubberized asphalt, which is a hot-mixed asphalt pavement containing crumb rubber. The crumb rubber serves as a “modifier” of the liquid asphalt. Its addition gives the liquid asphalt greater viscosity (resistance to flow) and improves other properties which resist reflective cracking and rutting and prolong pavement life. Crumb rubber utilized is generated from processing scrap tires. The tires are shredded, and the steel reinforcement and fibers separated from the rubber.

Project Location:

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Maple Avenue Loma Road Westmoreland Drive
Perry Avenue Germain Drive Westmoreland Drive
Estimated Project Schedule: Design to start in July of 2024 and will be completed by December 2024. Construction will commence in March of 2025 and be completed by September of 2025.

Design: Preparation of plans, specifications, and estimates (including standard plans, and specifications) for physical construction projects financed with SB 1 funds. The preparation of plans, specifications, and estimates (PS&E) for roadway construction projects is essential in order to facilitate construction, provide contract control, estimate construction costs, and provide a uniform basis for bidding purposes.

Estimated Project Useful Life: 20 to 25 years.

PASSED AND ADOPTED by the City Council of the City of Montebello, State of California this 12th day of June 2024, by the following vote:
_______________________________
Scarlett 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. 24-34 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 12th day of June 2024 and that said Resolution was adopted by the following vote, to-wit:

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AYES:

NOES:

ABSTAIN:

ABSENT:

DATE:

Christopher Jimenez, City Clerk

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ITEM # 12

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4205 WITH

MCA CONSULTANTS TO IMPLEMENT THE CALIFORNIA

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE) SB1383 LOCAL ASSISTANCE AND GRANT

PROGRAM
DATE: June 12, 2024
RECOMMENDATION(S):

It is recommended that the City Council:

1. Award Professional Services Agreement No. 4205 to MCA Consultants to provide SB 1383 Local Assistance Grant Program services for a three (3) year term in a total not-to-exceed amount of $167,713; and,

2. Authorize the City Manager to execute the Agreement; and,

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

FISCAL IMPACT:

The City released Request for Proposal (RFP) No. 24-16 to implement the California Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program. The City received five (5) proposals: MCA Consultants, APTIM, Go2Zero Strategies, S. Groner Associates, and Municipal Waste Solutions. Staff reviewed the five proposals and rated them based on their respective qualifications.

Based on the documents submitted and overall cost, staff recommends awarding the professional services agreement (Attachment A) to MCA Consultants to provide Senate Bill 1383 (SB 1383) Local Assistance Grant Program implementation services for an initial three-year term, with the option of two (2) one-year extensions.

The California Department of Resources Recycling and Recovery (CalRecycle) approved

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awards for the SB 1383 Local Assistance Grant Program, FY 2022 – 2023. The City is the recipient of Grant Number OWR4, Grant ID 28007, which is meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016. The Grant Award package is for the amount of $167,713. These funds have been included in the proposed Fiscal Year 2024-25 budget (Account No. 265-3020- 6040.10/4198.87, Grants, CalRecycle-SB1383, Other Contract Services / Misc.

Grants). This is a reimbursable grant and as such, Staff will report eligible expenses to the State and -- after approval -- will receive reimbursement.

BACKGROUND/DISCUSSION:

The evolution of waste management requires individuals with the knowledge to ensure the City complies with all State recycling regulations as imposed by CalRecycle.

CalRecycle provides oversight of the State’s non-hazardous and recyclables collection, which includes AB 341 - Mandatory Commercial Recycling (MCR) and AB 1826 - Mandatory Organic Recycling (MORe). Recent legislation that has affected local jurisdictions is the implementation of SB 1383, which requires local jurisdictions to collect and recover organic waste from residential and commercial generators. Capturing and diverting the organic waste away from landfills will reduce greenhouse gas that is emitted from landfills, which is critical to the State’s mandate to support the efforts of climate change mitigation.

SB 1383 requires a 50% reduction of organic matter to be diverted from landfills by 2020 and a 75% reduction by 2025. As of January 2022, CalRecycle has been tasked with the implementation and enforcement of these targets, while also establishing a 20% disposable edible food recovery target for human consumption by 2025. To achieve these goals, SB 1383 requires jurisdictions to conduct educational outreach on recycling and organics to residents, commercial businesses, local food banks, and other food recovery organizations.

To achieve these targets, the City will need to follow these components for a successful SB 1383 Program: Organic and Recycling Collection, Contamination Monitoring, Education and Outreach, Capacity Planning, Procurement Requirements, and an Edible Food Recovery Program. It is imperative that the City execute these six (6) components to be in compliance with SB 1383 requirements. Staff recommends awarding Professional Services Agreement No. 4205 (Attachment A) to MCA Consultants as the most responsive and responsible proposal for a not-to-exceed amount of $167,713, over a three-year term (June 2024 through June 2024).

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

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Staff recommends approval of Professional Services Agreement No. 4205 and Authorize the City Manager to execute the Agreement (Attachment A).

ATTACHMENT(S)

1. Attachment A - Agr. 4205 - MCA CONSULTANTS (SB1383 Local Assistance Grant Program) - signed
NEXT STEPS:

N/A

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CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4205

WITH MCA CONSULTANTS
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on June 12, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and MCA CONSULTANTS (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 consultant to Implement State Department of Resources Recycling and Recovery SB 1383 Local Assistance Grant program; and
WHEREAS, the City issued Request for Proposals (RFP) No. 24 – 16 on March 28, 2024; and
WHEREAS, the CONSULTANT submitted a response to the RFP; and WHEREAS, the City evaluated the responses and determined that the CONSULTANT will meet the requirements in a satisfactory manner.

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
b. RFP 24 - 16
c. CONSULTANT’s Proposal
d. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

A. All terms, conditions, requirements, and provisions of the services in RFP 24 – 16 and CONSULTANT’s responses, as such is set forth fully in Exhibit “B” 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.

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B. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

C. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire on June 30, 2027, unless terminated earlier as hereinafter provided. This Agreement may be extended for two (2), one (1) year periods, with mutual agreement from both parties.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as 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 t h e CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than 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.

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

Termination:. The CITY shall have the option, at its sole discretion to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONSULTANT.

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

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONSULTANT or SUBCONSULTANT 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

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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 subcontractors for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement.

Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subcontractor 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 subcontractors, 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

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employee of the CITY and entitlement to any contribution to be paid by t h e CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

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

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 and $4,000,000 aggregate.

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 $2,000,000 per occurrence and $4,000,000 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 CONSULTANT shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

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d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Management
1600 West Beverly Boulevard
Montebello, CA 90640
g. 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. h. 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 the commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
j. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insured’s. All of the policies required 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.
k. The insurance provided by the CONSULTANT shall be primary to any coverage

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available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
l. All insurance coverage 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.
m. 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. n. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its 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

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prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. In case any one or more of the provisions contained in this Agreement shall for any reason 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.

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SECTION 22. 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 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 – City Clerk’s Office 1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200
Email: [email protected]
If to Consultant: MCA Consultant
Jeffrey A. Camera, President
2111 Mt. Shasta Dr.,
San Pedro, CA 90732
(866) 377-6754
Email: [email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives 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 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

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conflict in any manner with the performance of its services pursuant to this Agreement.

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

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT.

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

SECTION 26. EXTENSION TO OTHER PUBLIC AGENCIES
Unless otherwise specified in writing, the CONSULTANT agrees that the prices, terms, and conditions identified in the Proposal (Exhibit “A”) and Agreement may be extended to other governmental agencies at the mutual agreement of both the public agency and awarded CONSULTANT. All requirements of the specifications, purchase orders, invoices, and payments with other agencies shall be directly with the CONSULTANT. CONSULTANT acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the CONSULTANT with the governmental agency. This provision in no way guaranteed that the CONSULTANT will agree to enter into a contract with a governmental agency pursuant to this Section.
[SIGNATURE PAGE TO FOLLOW]

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

CITY OF MONTEBELLO MCA CONSULTANTS
Raul Alvarez, City Manager Jeffrey A. Camera, President ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Response to RFP 24-16
• Exhibit B – Schedule of Compensation
• Exhibit C – Live Scan Fingerprinting Requirement
Jeffrey Camera (May 23, 2024 16:33 PDT)
Jeffrey Camera

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Exhibit “A”

CITY OF MONTEBELLO
Request For Proposal
RFP No. 24-16
Request for Proposal to Oversee and Implement
State Department of Resources Recycling and
Recovery SB 1383 Local Assistance Grant Program
Municipal Contract Administrators, Inc
(MCA Consultants)
Jeffrey A. Camera, President
2111 Mount Shasta Drive
San Pedro, CA 90732
(866) 377-6754
[email protected]
Proposal Date
May 10, 2024

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City of Montebello
SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

Table of Contents
SECTION 1 -LETTER OF INTEREST.................................................................................................. 3 SECTION 2 –BACKGROUND,PROJECT UNDERSTANDING AND APPROACH..................................... 4

STATEMENT DEMONSTRATING BACKGROUND AND UNDERSTANDING OF THE PROPOSED PROJECT................................................................................................................................... 4 GENERALAPPROACH TO COMPLETING THE PROJECT SUCCESSFULLY ...................................... 4 METHODOLOGIES AND TECHNOLOGIES EMPLOYED.................................................................. 5 KEY MILESTONES AND PROCESSES EMPLOYED........................................................................ 5 EXPECTATIONS FROM CITY....................................................................................................... 6 SECTION 3 -RELEVANT EXPERIENCE ............................................................................................. 6 SECTION 3,APPENDIX B- REFERENCES ....................................................................................... 12 SECTION 4 -PROPOSED SCOPE OF SERVICES................................................................................ 13 ORGANICS AND RECYCLING COLLECTION.............................................................................. 13 CONTAMINATION MONITORING /ENFORCEMENT AND INSPECTION.......................................... 14 EDUCATION AND OUTREACH (INCLUDES ORGANIC WASTE &EDIBLE FOOD RECOVERY) ........... 14 CAPACITY PLANNING.............................................................................................................. 15 PROCUREMENT REQUIREMENTS ............................................................................................. 16 EDIBLE FOOD RECOVERY ....................................................................................................... 16 ADDITIONAL PROGRAMS, IDEAS, AND CLARIFICATIONS TO IMPROVE THE CITY’S PROPOSED

SCOPE OF WORK THAT HAVE BEEN PRESENTED TO CALRECYCLE AS PART OF THE AWARDED GRANT PROPOSAL ...................................................................................................................... 17 FOOD WASTE PREVENTION PROJECTS..................................................................................... 17 EQUIPMENT............................................................................................................................ 18 RECORD KEEPING................................................................................................................... 18 WORKING SCHEDULES, KEY MILESTONES, AND DELIVERABLES ............................................. 19 SECTION 5 - CONFLICT OF INTEREST STATEMENT....................................................................... 20 SECTION 6 - COST PROPOSAL ....................................................................................................... 21 TOTALALL-INCLUSIVE NOT-TO-EXCEED MAXIMUM PRICE .............................................. 21 MILESTONE AND SCOPE OF SERVICE PRICING ......................................................................... 21

ADDITIONAL PROGRAMS APPROVED BY CALRECYCLE AS PART OF THE AWARDED GRANT PROPOSAL .............................................................................................................................. 22

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

REIMBURSABLE AND INDIRECT EXPENSES .............................................................................. 22 COMPONENT COSTS................................................................................................................ 22 Additional Programs and Expenditures Approved by CalRecycle as Part of the Awarded Grant Proposal ..................................................................................................................... 23 RATES FOR ADDITIONAL SERVICES ......................................................................................... 24

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

SECTION1 - LETTER OF INTEREST

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

SECTION 2 – BACKGROUND, PROJECT UNDERSTANDING AND APPROACH STATEMENTDEMONSTRATING BACKGROUND ANDUNDERSTANDING OF THE PROPOSED PROJECT.

MCA Consultants’ understanding of the City’s SB 1383 Local Assistant Grant Program predates the release of the grant’s solicitation. Our understanding and commitment to the City’s program dates back to the original enactment of AB 1383 in September of 2016 and began with the development of programs complaint with the legislation which continued on into July of 2017, when we designed the City’s first organics program and wrote Resolution 17-62, which the City Council adopted addressing food waste and food recovery from within the City borders. Our commitment and understanding was reaffirmed in 2020, when we wrote Resolution 20-97 in December 2020, which also required the integration of edible food waste and was again approved by the City Council. In 2021 we created and then worked with the City Attorney’s office to finalize a Request for Proposal (RFP 22-4) for the collection, processing, and recycling of organic waste, food scraps, from commercial, industrial, and multi-family locations within the City. This RFP was approved by the City Council on December 8, 2021, and prior to the release of the first SB 1383 Local Assistance Grant Program.

The programs, services, requirements, and implementation that were developed by MCA for the City of Montebello were further expanded under the RFP implementation program by providing resources for increasing the City’s capacity of recoverable and edible food and food products, collection of food and food scraps, implementing enhanced edible food recovery programs, implementing a robust city-wide education and outreach program, expanding the City’s enforcement program, continuing evaluation of City programs and potential gaps in service needs, identifying gaps and modifications to the City’s procurement policies to comply with current needs and legislative enactments, and implementing a record keeping program to track all food waste, scraps, and edible food recovered from point-source locations through to ultimate distribution and/or end of life.

Since then we have continued to implement the same and similar services that are being requested under the RFP and enhance the City’s organics and food collection programs by working with haulers, businesses, and the City on the implementation of expanded programs, conducting site verifications and outreach to Montebello businesses, identifying and auditing Tier 1 and 2 businesses, and keeping flawless recordkeeping data that has been and continues to be approved by CalRecycle in all aspects. As such, we are confident that the services the City is requesting, and have identified in the context of this proposal, are very similar, if not tightly aligned, to the services that we are currently providing to the City. We are certain that we fully understand the proposed projects and services the City is requesting and know that we are able to continue on without any lapse in programmatic services or reporting.

GENERALAPPROACH TO COMPLETING THE PROJECT SUCCESSFULLY
Our approach is emersion through a total understanding of the scope of services and tasks at hand. Every member of our team is intimately involved through collaborative efforts to provide the best possible solutions and program implementation. Like the approach that we currently employ with the implementation of the City’s SB 1383 program, we will continue to take a firsthand approach to the tasks and services that we are proposing. Most of the services identified in this RFP, and our proposal, are considered on-site field work that is conducted primarily in the field, at businesses, and various locations within the City, collecting data and conducting compliance evaluations.

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

Serving as an extension of your staff, we perform the fieldwork, analytical assessments, recordkeeping, and program implementation and report back to the City our progress, keeping staff involved in every step of the process. Working with staff on items affecting the City, the programs and tasks are met with true collaboration by working with City staff on the development, implementation, and monitoring of the current SB 1383 grant program.

Monthly summaries and reports are provided to City staff with our invoices, and we regularly communicate with City staff to ensure program compliance.

METHODOLOGIES AND TECHNOLOGIES EMPLOYED
The methodologies and technologies employed for this program include a combination of proven methods and innovative technologies including customized electronic real time scheduling of organic and edible food collection and distribution as well as electronic inventory tracking for compliance. Building on the current SB 1383 program methodologies for tacking donations, collections, distributions, and compliance that we currently employ as part of implementing the City’s SB 1383 program, we will expand both the methods and technologies to include continued program enhancements.

As part of the record keeping process, all items entering and exiting the system are tracked for compliance with program parameters including weight, products collected, locations, and distribution points. Customized forms and data collection records will utilize current and developing technologies and programs to provide enhanced data analysis and more simplified user input.

One of the technological programs we are going to be working with is currently employed in more than a dozen local municipalities and public utilities who are using the technology. The technology and systems we will employ allow front line user input and real time tracking of data to monitor program efficiencies and increase reliability of lifecycle accounting of materials.

The online portal that will be set up includes but will not be limited to creation/access to reports from users including hauler, restaurants, food banks, distributers, grocery stores, and other food donation, and receiving points as well as other vendor data such as the handling the edible food program which will play a part in the input of key data metrics. Additionally, compliance, inspection, enforcement, and waiver tracking will allow quick access to all implementation record and other program management files.

Collectively, the above methodologies and technologies will not only permit online input and access to databases information but will be fully integrated in the creation of reports for tracking of the program progress and compliance.

KEY MILESTONESAND PROCESSES EMPLOYED
Although the milestone timeframes are detailed in Section 4 – Proposed Scope of Services of this proposal, they are also identified in this section to provide the envisioned path forward for the program and to further demonstrate our full and complete understanding of the scope of services requested. Each milestone referenced below aligns with the scope of services we have provided and sets forth supporting details as to the activities.

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

• Organics and Recycling Collection
o Expansion of collection personnel and resources
• Contamination Monitoring / Enforcement and Inspection o Training
o Implementation
o Review and analysis
o Waste haulers full contamination monitoring
• Education and Outreach
o Initial outreach program implementation
o Development of static, media training and virtual education videos and presentation
o Implementation of education and outreach
o Outreach program review
• Capacity Planning
o First review
o Ongoing reviews
• Procurement Requirements
o Review and modification of current policies and procedures • Edible Food Recovery
o Expansion of collection personnel and resources
• Food Waste Prevention Projects
o Program implementation
• Equipment
o Equipment purchases
• Record Keeping
o Initial records data integration
o Expanded record keeping and tracking of collections
o Comprehensive database development
o Reporting and posting
data EXPECTATIONS FROM CITY
As referenced in the grant proposal concept that was submitted to CalRecycle and awarded to the City, the intent of the program was to provide the City with a complete turn-key program that incorporates collection, compliance monitoring, enforcement and inspection, education and outreach, capacity planning, procurement, edible food recovery food waste prevention projects, purchasing of equipment, and recordkeeping. The information that the City may be asked to provide and/or update is similar, if not the same, information we are currently requesting and exists. Information relative to in-city business license, enforcement data, zoning, and parcel information, and the possible sending of notification emails and messages (that are developed by MCA for the City) to noncompliant business entities.

SECTION3 - RELEVANT EXPERIENCE
In addition to our background provided in Section 2 above, (Page 4) MCA Consultants’ experience in the development of organics, food diversion and recycling programs, green technological programs dates back more than 28 years and encompasses some of the most innovative developments in California. We have designed, developed, and implemented organics

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

and food recovery programs, "Green Technology" programs, and developed environmentally friendly equipment for “Santana Row”, one of the largest mixed‐use developments in California.

As well as worked with the developer and numerous development architects, planners, contractors, and government personnel on the coordination of organics recycling and recovery services throughout the pre-development planning, construction, and operational phases of the development. MCA Consultants also designed and developed organic diversion, recycling programs and state of the art "Environmentally Responsible Green" programs and equipment for the “Americana at Brand,” a 475,000 square foot development in Glendale, California; coordinated systematic programs and services on behalf of the client and the City; and collaborated with architects, planners, and designers on the coordination of services from inception through total occupancy and operations.

For the purpose of this proposal, it is important to note that the majority of the work performed relative to the scope of services requested will be performed in the field within the physical jurisdictional confines of the City of Montebello. With the remote working capabilities and technology that we are proposing, work conducted that does not require a physical presence within the City will be conducted at remote satellite locations based on the task performed and the personnel performing the work. This telework approach allows for maximum flexibility and increased response times. Should there be a need or requirement for a physical meeting location, we will arrange for such locations. Should a physical address be required, our corporate address is referenced on the cover sheet.

Jeff Camera’s Recent Relevant Experience (Resume at the end of this section) City of Montebello – SB 1383 Grant Program - $89,694.00 For more than 20 years, commencing with our initial contractual service agreement with the City of Montebello, MCA Consultants has been providing the City with a variety of professional environmental and consulting services including but limited to solid waste, recycling, organics, commercial and demolition recovery, used oil, household hazardous waste, electronic waste recovery/recycling, and like services. Our knowledge of the City and expertise developing and implementing organic and other programs has resulted in unquestionable compliance with all requirements set forth by the State of California, CalRecycle, and Los Angeles County, as well as AQMD and DTSC.

Our professional services relating to SB 1383 compliance have resulted in Montebello achieving a commercial hauler compliance rate of 91.66 percent of identified businesses, and we have achieved a 100 percent SB 1383 compliance rate when the incorporated services of the City’s residential hauler are included, service for which we worked to develop in conjunction with the City and your hauler.

In the last year edible food collection collected under a program that we developed for the City of Montebello, and for which grant funding was awarded from CalRecycle, resulted in more than 683,790 pounds of edible food in the last 24 months alone and is expanding with additional Tier 1 and Tier 2 partners, and even entities who are not included in the CalRecycle requirements for edible food collection activities.

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

Heart of Compassion – Food Bank
Since 2014 Jeff Camera and MCA Consultants have been working with Heart of Compassion (HOC) to recover edible and perishable food which they distribute to those in need as part of their efforts to comply with the EPA’s Food Recovery Hierarchy. What began as a simple referral to assist Montebello’s solid waste providers to find an outlet for their customers’ organic material and spoiled vegetable inventory, has resulted in a nine-year association. During this time we have worked together on food recovery efforts, community outreach, as well as City collection and distribution events. MCA even worked with the City of Montebello to issue a local composting waiver for HOC, permitting them to conduct on-site composting through training that was provided by MCA Consultants.

Mr. Cameras’ resume can be found at the end of this section.

Steven Howe’s Recent Relevant Experience
SB1383 Implementation -Food Recovery Organizations, Tier 1 and Tier 2 Generator Compliance
Mr. Howe works with jurisdictions in implementing SB 1383 compliance measures for Tier 1 and Tier 2 Generators and increasing options for Food Recovery Organizations that serve these jurisdictions. This includes working with the jurisdictions on their Capacity Planning for Food Recovery Organizations and Tier 1 and Tier 2 Generators. This is part of the jurisdiction’s mandatory compliance with the County of Los Angeles and the requirements under SB 1383 and CalRecycle’s oversight of jurisdictions.

Currently Mr. Howe is assisting the following jurisdictions in monitoring programs, working with the Food Recovery Organizations to increase collections of recoverable foods, working with Tier 1 and Tier 2 Generators to increase the volume of quality recoverable food that meets health and safety standards and is collected by Food Recovery Organizations for distribution to those that are experiencing food insecurity:

City of Bellflower (2022-Current)
City of Santa Fe Springs (2021-Current)
City of Lynwood (2022-Current)
City of Hawaiian Gardens (2022-Current)
Michael Balliet’s Recent Relevant Experience
Since 1991 Mike has been providing solid waste, recycling, organics, auditing, and data analysis and other services to public and private sector clients. He has an in-depth understanding of the regulations governing solid waste collection, diversion, disposal, and organics collection and processing, as well as State legislative requirements. Working with MCA in various capacities and collaborative endeavors for more than 25 years, Mike is acutely aware of data collection, tracking, and analysis as it relates to organics and SB 1383 compliance. Mike has been responsible for developing program methodologies to ensure hauler compliance through the implementation of service-related programs and with organics and food recovery programs for

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

more than five years. In addition to his above-referenced knowledge, Mike also works with ensuring compliance of Tier 1 and 2 Generators and has developed a reporting and tracking technology program which is currently being used in multiple jurisdictions and that we will be implementing, in part, along with other technologies and process under the services referenced herein. Mike also developed a desktop waste characterization and quantification system, based upon field sampling and National waste generation studies, which was later used to estimate the solid waste streams of over 25,000 industrial, commercial, and institutional entities in the Southern California.

Toni Camera’s Recent Relevant Experience
Toni Camera has more than 10 years of program-related experience, including three years with organics, food recovery, and distribution programs. Serving as the lead coordinator of our surplus food collection and distribution program, Toni arranges for our food collections, distributions, and tracking of related data for state compliance with SB 1383 and the Los Angeles County Department of Public Works. Toni has been responsible for expenditure tracking, procurements, and gathering information required for Montebello’s compliance reporting to CalRecycle for the $89,694 in the SB 1383 first round of grant funding that was developed, submitted by MCA Consultants, and for which the City received funding. Toni’s experience in budgetary tracking and compliance with funding parameters has ensured that the City is in total compliance with expenditure allocations and accounting of all program-related expenses and other financial tracking.

Lisa Burney’s Recent Relevant Experience
Lisa is currently MCA’s Associate Consultant working on the City of Montebello’s SB 1383 First Cycle Grant program. Lisa is responsible for direct interaction with Montebello food generating businesses as well as those businesses that generate food that is available for recovery. Her ability to evaluate compliance via in-person site visits, “Lid Flipping,” and waste stream analysis of food recovery organizations has been instrumental in documenting Montebello’s compliance with SB 1383 programs. Lisa assists with the implementation of Montebello’s food recovery and tracking programs and works to ensure that haulers are in compliance with the organic and food recovery/diversion programs that they are providing to their Montebello customers. Based on her field work documentation, Lisa provides in-depth analysis of Montebello’s organics and food waste collection and processing programs and conducts comprehensive site visits to Montebello businesses to ascertain their level of compliance.

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

SECTION3,APPENDIX B - REFERENCES

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

SECTION4 - PROPOSED SCOPE OF SERVICES

ORGANICSAND RECYCLING COLLECTION
Building on the successful collection activities of the last two years, which resulted in an average increase in the amount of recovered edible food by 15%, the collection aspects of this program will fall within two categories that will most benefit the City and the intended goals of this program. The first aspect of the program is reaching out for the collection of commercial food.

Utilizing a combination of business license registry, hauler collection activities, hauler reported programs, and the individual business audits, our efforts will expand the collection capacities through the identification of identified food and programs that may fall under the legislative confines established. Although primarily focused on Tier 1 and Tier 2 Generators, our collection program will extend beyond that and work to incorporate all businesses and eating establishments that generate food and have the potential for collection and/or donation of edible food.

Part of this program will provide for the collection of residential food scraps and food-related products from all residential dwelling units within the City and provide for the effective monitoring and tracking of collection locations, compliance, and reporting of tonnage to the City.

The program will also utilize renewable natural gas (RNG) in their collection vehicles and through the compost produced from the organic and food scrap material collection. Even though our residential organics program is being rolled out and implemented by our residential franchise collector, one of the biggest challenges that we face in the collection of food among smaller businesses is the ability to find storage capacity and programs that will prevent food rot and spoilage in between collections. As a result, we will work to establish localized collection territories that can be collected at various intervals throughout the day and establish programmatic routes based on the volumetric quantification and type of food being generated and or discarded. A survey of Montebello’s 12 nonexclusive franchise providers illustrated that there are only seven or fewer companies that are able to provide the necessary organic material collection activities. Of these seven, five are capable of collecting on a large scale, while the other two remain localized but able to service their individual customer needs.

Our program will expand our collection abilities by merging these two sectors and providing site specific programs that can be customized to achieve maximum efficiency while implementing our long-term strategic goals for 100% collection of organic food that would otherwise be discarded and deposit it into landfills and other depositories. In 2022 our edible food recovery program resulted in the collection of 190,015 pounds of available food. In 2023 our edible food program was expanded, which resulted in the collection of more than 256,605 pounds of edible food in the first six months of the calendar year. Through the continued implementation and utilization of our identified programs, we are confident that we will be able to increase our food diversion rates and increase recovery of edible food by 10% to 14% annually.

The goal to increase the amount of edible food recovered will be in part due to the added staffing of edible food recovery personnel that will conduct site visits of each identified business that either produces, manufactures, distributes, prepares, or serves edible food. Through the

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

identification of identified establishments and the quantification of statistical food recovery, our program will strive to achieve our target goal that will phase in all of the aforementioned establishments over the term of the funding cycle. Weekly tonnage reports will be submitted to the City for verification and compliance. All collection locations will be provided with compliant food scrap bins and containers and will be processed in a manner as to prevent foul smell or contamination by vermin, rodents, or insects.

CONTAMINATIONMONITORING / ENFORCEMENT AND INSPECTION
Contamination monitoring is perhaps one of the areas that can enhance organic collection programs by working with the City’s residential and commercial haulers to ensure program compliance. As part of our contamination monitoring, regular site visits and inspections will be conducted of commercial entities and other food generators to evaluate their level of compliance.

This methodology includes “lid flipping” whereby the lids of collection containers are flipped and examined for organic materials, as well as onsite compliance evaluations and inspections of food and organic generating businesses. These efforts will be combined with mandatory hauler inspections and monitoring and merged together for increased compliance and programmatic tracking of success. A contamination monitoring program to educate businesses, schools, residents, and others will also be established through in person, virtual, and recorded mediums to train them on the program and increase the level of understanding for increased program monitoring and compliance.

Enforcement is another part of the program that will benefit from the program funds. Working with the City’s code enforcement staff, our staff will work collectively to cover all the areas required. To this end the funds utilized under this program will be used to create an enforcement system that will include paid staff, code enforcement, and volunteers to create a system whereby residents and businesses can report noncompliant entities to the City for continued enforcement.

Furthermore, enforcement of Resolutions 17-62 and 20-97, which require the integration of food waste and a diversion rate of 75%, will continue to be implemented to maximize the effectiveness of the program.

As part of the enforcement program, the City’s previously referenced enforcement corps will work with City inspectors and code enforcement officials to inspect and report deficiencies in the program. When code violations are identified, they will be referred to our staff and the City for confirmation and followed up as appropriate based on applicable law.

EDUCATION AND OUTREACH (INCLUDES ORGANIC WASTE&EDIBLE FOOD RECOVERY) Reaching out to those impacted most is essential to the successful implementation of our program. That is why our education and outreach program encompasses a multi-stage approach to reaching our targeted sectors of society that will be impacted by participation, whether as a donor or a recipient. The development of an extensive education and outreach campaign will be developed to provide information about the program and the effectiveness of its parameters. The program will be conducted in both print and electronic formats to maximize the potential for success.

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SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

Conducted in bilingual formats, monthly seminars, site visits, audits, surveys, and repeated outreach to the restaurants and eating establishments will be conducted to provide updated information. Outreach and education to identify businesses on how to discard their food under the program will be a repeat topic for discussion and will be updated with lessons learned and successful programs that have been implemented. A business-to-business education program will be developed to pair likeminded businesses together for the development of an enhanced program. Similarly, complementary businesses that may benefit from each other will also be introduced to maximize program effectiveness as well as material diversion from landfills.

Education and outreach to residential populations will be held in an equivalent manner with enhanced attention to the needs of the residential program. Utilizing direct contact with residents via community events, point of sale (POS) displays, social media, targeted advertisements, and City-based programs, residents will be educated on the program parameters on a continuum and reminded of the overall collective program through the identification of partnerships such as eating establishments, vendors, supermarkets, and other food recovery organizations.

Collectively, our targeted outreach program encompasses integrated messaging in all formats including print, presentations, seminars, webcasts, in-person learning, community events, and social media to provide all areas of the City with the most accurate information available about the program. The education and outreach materials that will be developed and implemented include print media, video, and social media materials offered in other languages and door-todoor outreach.

To enhance the program, we will implement a quarterly outreach program review of all efforts.

The evaluation will include a panel represented by MCA and City staff, and if so desired and approved by the City, community members and business representatives will be included on the panel.

CAPACITY PLANNING
As part of the capacity planning established herein, we will expand our planning endeavors identified in the current SB 1383 program to include a revised quantification for our actual food recovery capacity utilizing current resources and develop additional avenues and partners if our revised capacity is insufficient to meet the needs of the donations made to the recovery organizations. In some cases, capacity at existing locations may be expanded, and in others we will provide assistance to our partners to help expand and/or modernize their facilities and infrastructure needs. These services will include conducting random evaluations and audits of identified food generators and requiring a comprehensive tracking of donated and discarded food and related products. Combined with our hauler audit program that is conducted every year, all locations in the City that either generate, distribute, process, arrange, store, sell, or otherwise deal with food material will be required to submit an electronically generated tracking system to account for the life-cycle accounting of the food donated for consumption, processed via compost or recovery facility, or at a landfill.

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City of Montebello
SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

As part of our capacity planning endeavors, although the City has entered into an agreement with our residential service provider for capacity planning, our program will continue to strive to enhance the capacity availability of the City’s 12 nonexclusive franchise solid waste and recycling providers. To this end each of our known exclusive franchises will be audited for potential inclusion in this program. Part of the audit will include a review of their current customer listing and an analysis of an identified company's ability to take on additional capacity and expand their previously identified programs. Each of these areas will be quantified based on identified food recovery and capacities to determine a base formula for program implementation.

Ensuring that program parameters are strictly adhered to, random evaluations and audits of food generators will be conducted on a regular basis to ensure that the identified potential for donated and discarded food items are compliant with the parameters that we have established. The program to be enacted with these funds will provide direct assistance to these organizations to determine the actual capacity that each is capable of achieving under the program. One of the areas of focus under this portion will be the expansion of the edible food from commercial generators. Expanding our education and outreach program to Tier 1 and Tier 2 partners will be part of the capacity planning to ensure that the same messages are being not only distributed but fully understood by all of the participants in the program.

We will build on the success of our initial program by collaborating with our current non-profit partners and food recovery organizations to enhance the linkage between them and direct donors in order to reduce the time between donation and redistribution. Once the connections are established, comprehensive training will be implemented to ensure the capacity of the program parameters either remain at established program levels or enhanced with programmatic expansion.

PROCUREMENT REQUIREMENTS
Continual updating of the City’s procurement regulations will be undertaken in this program.

Building on successful models and previous policies implemented by the City, new procurement guidelines and policies will be developed and implemented to ensure the use of recycled organic products – compost, mulch, electricity, and/or renewable gas, recycled paper and paper products, and other items to maximize program effectiveness and environmental compliance. The new policies will be designed to integrate across all City Departments and provide models which can be implemented throughout the City, including private businesses and organizations. Enhanced tracking and monitoring will be implemented to quantify the impacts of the procured items. The procurement policy review, revision, and implementation will also include a path to achieving the City’s 0.08 ton target for the procurement of organic waste and the target procurement goals of 1,227 cubic yards throughout the City.

EDIBLE FOOD RECOVERY
As part of the edible food recovery program identified within the contents of this proposal, we will be collaborating with community groups and collaborative partners in the collection, preparation, and storage of edible food. The food collected will be utilized by various nonprofit

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City of Montebello
SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

organizations and distribution centers to provide much needed meals to the underserved residents of Montebello and surrounding areas. In some cases, these distributions will involve working with other organizations and nonprofit entities on collaborative approaches to reach target audiences to maximize our distribution endeavors.

Understanding the dynamics of the recovery of edible food goes far beyond just the recovery process. It involves the complete understanding of the process from beginning to end. This process includes not only the collection cataloging, handling, and transference of the edible food collected, it also requires a complete understanding of food packaging and safety requirements.

One of the ways we will accomplish this is by using MCA staff and a vast network of organizations to provide on call and scheduled collection of edible food. Once collected the food will be brought to a centralized processing location of one of our community partners, evaluated and inspected according to program parameters and distribution standards, and prepared for distribution. In some cases, hot or cooked food will be distributed within hours of collection to various locations throughout the City and surrounding areas based upon applicable distribution standards, while in other cases collected food may be consolidated and or partnered with other food to create hearty meals that can be stored and or distributed as needed.

Utilizing the current capacities that were developed in the initial stages of our food recovery program, we will continue the expansion of the program to include larger food storage areas which can be utilized by our local nonprofit organizations, food banks, food pantries, shelters, and others within the city for the storage of edible food.

Building on the successful collections of our initial SB 1383 program implementation, this continuation phase will encompass unique and innovative collaborations which will bring together various businesses and service industry professionals to combine their talents and collective resources to establish programs that are intended to reach far beyond traditional methods and targeted partners. These programs are envisioned for consolidated efforts on weekends and other events sponsored by the City to bring attention to edible food recovery and the need for reducing the excessive and wasteful discard of edible food. Utilizing their culinary talents, we will seek to include various program participants and eating establishments to provide demonstrations in the proper preparation of meals as well as safe storage techniques. These demonstrations will take place in the form of virtual and in-person events and recorded messaging to provide a greater capacity in our edible food recovery efforts.

ADDITIONAL PROGRAMS, IDEAS, AND CLARIFICATIONS TO IMPROVE THE CITY’S PROPOSED SCOPE OF WORK THAT

HAVE BEEN PRESENTED TO CALRECYCLEAS PART OF THEAWARDED GRANT PROPOSAL

FOODWASTE PREVENTION PROJECTS
As part of any successful food recovery program, we must look at the entire food cycle from preparation to serving and recovery. Even though we have established successful programs for the donation and collection of edible food under this section of the program, we will focus our efforts on preventing waste by addressing the planning and preparation of food to prevent waste

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City of Montebello
SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

from even being generated. This endeavor starts with developing a clear understanding of food and necessities, menu planning, and preparation. To expand the scope an understanding of this task, we will work behind the scenes in restaurants, food establishments, and other food preparation establishments to educate them on back-of-house practices and techniques to help reduce the generation of food waste.

This program involves demonstrating the beneficial practice of food reuse in the form of food stocks, sauces, purees, soups, seasonings, and poaching liquids, as well as garnish. Utilizing what has traditionally been thrown away, this program will educate back-of-house prep staff, chefs, and servers on new and innovative techniques to maximize utilization of fresh fruits and vegetables to reduce waste and unnecessary spoilage. In some cases, this instruction will be in the form of in-person demonstrations at individual restaurants and eating locations, while in others it may be online seminars, previously recorded sessions, or even visual presentations online and other social media avenues.

These programmatic sessions will also be expanded to include residential and multifamily practices that can be implemented by our residents to assist in our efforts to reduce food from rotting, being underutilized, and discarded into landfills. The residential portion of the food elimination and reduction program will be geared to everyday activities associated with food preparation. Utilizing a combination of techniques, processes and programs, we are confident that the information that we provide to our residents, businesses, and the community will prove beneficial in the reduction of food waste. A secondary benefit of this program is that program participants will learn how to work with traditionally discarded cuttings which can save money, time, and reduce the wasteful discarding of otherwise useful food. We are confident that the parameters set forth above will dramatically reduce the amount of food being wasted by preventing food waste from being generated and becoming waste that is normally destined for landfills.

EQUIPMENT
Continuing the utilization of insulated heating and holding cabinets, the precooked food will be examined for applicable guidelines and prepared for distribution to others in the community via insulated food recovery bags, containers, and equipment for delivery and distribution at other locations. For food distribution locations we will procure larger refrigerated holding units which may include refrigeration, coolers, and packing material to maximize the shelf life of the collected food. Collection vessels such as compliant food scrap bins and containers will also be purchased for his program.

RECORD KEEPING
As has been referenced throughout the information presented above, extensive record keeping will be conducted during this process to ensure maximum accountability and tracking of food and food-like products. Additionally, the record keeping and tracking of collection activities, edible meals distributed, tons of food donated, material composted, and business programs implemented will be developed into a comprehensive database that will serve as a reference

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City of Montebello
SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

point for all program evaluations. Monthly reports will be posted electronically and provided to residents and participating businesses to demonstrate the success of the programs being implemented and to document compliance with SB 1383 and other state requirements. Utilizing the programs and concepts identified in the Methodolologies and Technologies section of this proposal, collectively we will implement a record keeping system that not only ensures compliance but exceeds all record keeping expectations.

WORKING SCHEDULES, KEY MILESTONES, AND DELIVERABLES
It is important to note that the implementation of organics collection and edible food recovery is not restricted to regular hours or collection times. Because of the nature of SB 1383 and the goal of collecting and diverting organics and divertible food, during the course of our program implementation we will operate 7 days per week and are targeted to recover food during various times including off peak hours Our reporting and scheduling programs are available 24 hours per day, 7 days per week, including holidays. Our automated online food donation scheduling portal is also available 24/7, with responses generally provided to the donating entity within a few hours of their request.

There are several milestones that have been identified in our proposal, some of which are a continuation of the current programs we are implementing within the City. Some of which are referenced below.
• Organics and Recycling Collection
o Expansion of collection personnel and resources – Continuous and ongoing o Within 2 weeks of award and continuous through program completion • Contamination Monitoring / Enforcement and Inspection o Training – Month 2 after award and continuous and new entities are onboarded o Implementation – Continued from current program and continuous for the duration of the grant award
o Review and analysis – At the end of every month, quarter, and year to continuously monitor and evaluate the need for changes or enhancements
o Working with waste haulers for full contamination monitoring ▪ Current and ongoing with monthly updates and reviews provided to City staff
• Education and Outreach
o Initial outreach program implementation – Month 1 and 2 after award o Development of static, media training, and virtual education videos and presentation - Within 90 days of contract award
o Implementation – Continuous and ongoing
o Outreach program review – Monthly commencing after month 1 of program award

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City of Montebello
SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

• Capacity Planning
o First review – 30 to 60 days after contract award
o Ongoing reviews – Continuous
• Procurement Requirements
o 30 to 45 days after contract award
• Edible Food Recovery
o Immediate and continuous, continuing from current program • Food Waste Prevention Projects
o 45 to 90 days after contract award
o Program implementation – Continuous and ongoing
• Equipment
o Equipment purchases within 90 to 120 days after contract award • Record Keeping
o Initial records data integration – Within 30 days of contract award o Expanded record keeping and tracking of collections - Continuous and ongoing o Comprehensive database development – Within 120 days of contract award o Reporting and posting data – After 120 days of contract award, and monthly thereafter
SECTION 5 - CONFLICT OF INTEREST STATEMENT
MCA Consultants has been Montebello’s environmental consultant for solid waste, recycling, organics, food waste and recovery, used oil, beverage container recycling, construction and demolition, and e-waste for more than 20 years. During this time we have had program servicerelated interactions with City staff that occur in the professional confines of their respective offices located at City Hall and other official City buildings and locations. We do not currently, nor have we had personal relationships or dealings with any Montebello staff outside of normal working parameters, and all interactions are directly related to the services that we are contracted to provide.

We have been implementing the City’s SB 1383 grant since it was awarded in 2022 and have exceeded all grant parameters and requirements, which has resulted in a 100% compliance rating with CalRecycle for the grant’s implementation.

We are contracted to perform the following services for the City:
• SB 1383 implementation
• Organics, food recovery, and diversion program development, implementation, outreach • Commercial solid waste hauler compliance and reporting

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City of Montebello
SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

• Residential solid waste hauler compliance and reporting • City-wide recycling development and implementation
• Hauler audits for City compliance
• CalRecycle annual reporting
• Waste reduction and recycling program implementation
• Used oil and Certified Center grant program development, oversight, and reporting • Beverage Container grant program development, oversight, and reporting SECTION 6 - COST PROPOSAL
The one-page cost proposal was submitted originally via hand delivery, according to Section 7 requirement. Also attached is an electronic version for your consideration. Proof of hand delivery is referenced below.

The information contained in this section of the cost proposal section contains all pricing information relative to performing the scope of work as described within the context of RFP 24- 16, as well as component pricing for additional items not referenced in the RFP but that were included in the original grant submission and awarded to the City as part of the SB 1383 grant award scope of services.

This section also includes an all-inclusive maximum not-to-exceed price with all direct and indirect costs, out-of-pocket expenses, meetings, conference calls, site visits and deliverables incorporated.

TOTALALL-INCLUSIVE NOT-TO-EXCEED MAXIMUM PRICE
For the purpose of this proposal and the requirements referenced herein, our total all-in Not-ToExceed Maximum Price shall not exceed $158,276.00.

MILESTONE AND SCOPE OF SERVICE PRICING
• Organics And Recycling Collection - $17,250.00

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City of Montebello
SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

• Contamination Monitoring / Enforcement and Inspection - $22,875.00 • Education and outreach (includes organic waste & edible food recovery) - $16,317.00 • Capacity Planning - $20,845.00
• Procurement Requirements - $3,675.00
• Edible Food Recovery - $30,000.00
• Edible Food Recovery (Personal) - $7,225.00

ADDITIONALPROGRAMSAPPROVED BY CALRECYCLE ASPART OF THEAWARDEDGRANT PROPOSAL • Food Waste Prevention Projects - $4,250.00
• Equipment - $4,287.00
• Record Keeping - $8,175.00
• Personnel (Administrative - MCA Consultants) - $23,275.00 MISCELLANEOUS PRINTING, BINDING, POSTAGE – 100 EACH@ $1.02 = $102.00

REIMBURSABLE AND INDIRECT EXPENSES
MCA is not requesting, nor will we be requesting, any reimbursable expense that was not identified in the original grant proposal awarded to the City, as we believe that requesting such would fall outside of the original parameters of the grant submission which was approved by CalRecycle.

Total Reimbursable and Indirect Expenses = $00.00
COMPONENT COSTS:

This section has been developed in accordance with RFP 24-16 Appendix A #6 and includes all fees and expenses for each of the work tasks and deliverables described in this RFP. The rate schedule referenced below includes hourly rates and the number of hours anticipated for each staff level. MCA does not charge or request reimbursement for out-of-pocket expenses such as travel and transportation, meals, communications, and duplication costs as we believe these are expenses that should not be included under this proposal and were not included in the original grant proposal request or award. Each of the times reflected below in the component cost schedule directly correlate to the total all-inclusive maximum price referenced above. • Organics And Recycling Collection - $17,250.00
o Principal Consultant – 65 hours @ $85.00 = $5,525.00
o Senior Consultant – 42 hours @ $75.00 = $3,150.00
o Associate Consultant – 155.91 hours @ $55.00 = $8,575.00 • Contamination Monitoring / Enforcement and Inspection - $22,875.00 o Principal Consultant – 50 hours @ $85.00 = $4,250.00
o Senior Consultant – 65 hours @ $75.00 = $4,875.00

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City of Montebello
SB 1383 Local Assistance Grant Program
RFP No. 24 – 16

o Associate Consultant - 250 hours @ $55.00 = $13,750.00 • Education and Outreach (includes organic waste & edible food recovery) - $16,317.00 o Printed Materials, Brochures, POS Cards – 5,000 @ $0.7484 = $3,742.00 o Business-to-Business Principal Consultant – 25 hours @ $85.00 = $2,125.00 o Business-to-Business Senior Consultant – 20 hours @ $75.00 = $1,500.00 o Business-to-Business Associate Consultant – 70 hours @ $55.00 = $3,850.00 o Web, Video, Social Media – Principal Consultant - 25 hours @ $85.00 = $2,125.00 o Web, Video, Social Media – Senior Consultant - 25 hours @ $75.00 = $1,875.00 o Web, Video, Social Media – Associate Consultant - 20 hours @ $55.00 = $1,100.00 • Capacity Planning - $20,845.00
o Principal Consultant – 95 hours @ $85.00 = $8,075.00
o Senior Consultant – 78.6 hours @ $75.00 = $5,895.00
o Associate Consultant – 125 @ $55.00 = $6,875.00
• Procurement Requirements - $3,675.00
o Principal Consultant – 25 hours @ $85.00 = $2,125.00
o Senior Consultant – 17 hours @ $75.00 = $1,275.00
o Associate Consultant – 5 @ $55.00 = $275.00
• Edible Food Recovery - $30,000.00
o Physical Collection – 1,500 hours @ $20.00 = $30,000.00 • Edible Food Recovery (Personal) - $7,225.00
o Principal Consultant – 40 hours @ $85.00 = $3,400.00
o Senior Consultant – 7 hours @ $75.00 = $525.00
o Associate Consultant – 60 hours $55.00 = $3,300.00
Additional Programs and Expenditures Approved by CalRecycle as Part of the Awarded Grant Proposal
• Food Waste Prevention Projects - $4,250.00
o Principal Consultant – 25 hours @ $85.00 = $2,125.00
o Senior Consultant – 21 hours @ $75.00 = $1,575.00
o Associate Consultant – 10 hours @ $55.00 - $550.00
• Equipment - $4,287.00
o Food Cooling Lockers/Refrigerators - 1 Unit @ $2466.74 = $2,466.74 o Food Storage Vault (Hot) – 5 units @ $364.05 = $1,820.26 • Record Keeping - $8,175.00

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o Principal Consultant – 30 hours @ $85.00 = 2,550.00
o Senior Consultant – 75 hours @ $75.00 = $5,625.00
• Personnel (Administrative - MCA Consultants) - $23,275.00 o Principal Consultant – 125 hours @ $85.00 = $10,625.00 o Senior Consultant – 110 hours @ $75.00 = $8,250.00
o Associate Consultant – 80 hours @ $55.00 - $4,400.00
• Miscellaneous Printing, Binding, Postage – 100 each @ $1.02 = $102.00 PLEASE NOTE: Budget numbers and categories reflect the actual funds and categories as submitted in the grant proposal submitted to CalRecycle, amended upon award of additional funds, and approved by CalRecycle on February 14, 2024, and reflect expenditures for MCA Consultants only in the amount of $158,276.00. The above does not include CalRecycle grant expenditure for the City of Montebello in the amount of $9,437.00 for program administration reimbursable expenses. Combined, the total program budget for MCA Consultants and the City of Montebello equates to the $167,713.00 awarded to the City.

RATES FORADDITIONAL SERVICES:

Should it become desirable or necessary for the City to request additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued, the rates referenced below are offered to the City pursuant to this section and shall remain in place for the duration of the contractual term. • Principal Consultant - $85.00 per hour
• Senior Consultant - $75.00 per hour
• Associate Consultant - $55.00 per hour

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Exhibit “B”

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Exhibit “C”

LIVE SCAN FINGERPRINTING REQUIREMENT
The CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department.

The CONSULTANT shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONSULTANT may be required to obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work on-site.

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AGR. 4205 - MCA CONSULTANTS (SB1383
Local Assistance Grant Program)
Final Audit Report 2024-05-23
Created: 2024-05-23
By: Jacqueline Leon ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAdeLHD6MbsTyz06CbQjUleexTvus3-zwr "AGR. 4205 - MCA CONSULTANTS (SB1383 Local Assistance
Grant Program)" History
Document created by Jacqueline Leon ([email protected]) 2024-05-23 - 8:59:43 PM GMT
Document emailed to Jeffrey Camera ([email protected]) for signature 2024-05-23 - 8:59:51 PM GMT
Email viewed by Jeffrey Camera ([email protected]) 2024-05-23 - 10:52:50 PM GMT
Document e-signed by Jeffrey Camera ([email protected]) Signature Date: 2024-05-23 - 11:33:16 PM GMT - Time Source: server Agreement completed.
2024-05-23 - 11:33:16 PM GMT

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ITEM # 13

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director
SUBJECT: APPROVE AMENDMENT NO.1 TO AGREEMENT 3871 WITH JAIRO’S PLUMBING, INC. TO PROVIDE CITYWIDE ON-CALL SERVICES
DATE: June 12, 2024
RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement 3871 between the City of Montebello and Jairo’s Plumbing, Inc. for a One (1) Year Extension; and,

2. Authorize the City Manager to execute the Amendment; and,

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

FISCAL IMPACT:

Jairo’s Plumbing performs citywide on-call plumbing services at all City Facilities. The annual not-to-exceed amount of this agreement is $45,000. Staff is requesting the execution of Amendment No. 1 (Attachment A) to extend the term of the agreement by one (1) year -- through July 14,2025. The annual not-to-exceed amount will remain at $45,000. The agreement is managed by the Department of Public Works and funded through the Public Works, Facilities Maintenance Division budget. Funding for these services is included in the proposed Fiscal Year 2024-25 budget. There is no budget amendment action needed for FY 2023-24.

BACKGROUND/DISCUSSION:

On July 14, 2021, the City entered an agreement with Jairo’s Plumbing, Inc. for On-Call Plumbing Services for an annual not-to-exceed amount of $45,000.

For the past three years, Jairo’s Plumbing has provided citywide plumbing services to

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 12, 2024

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City facilities on an as-needed basis. Due to their responsive and satisfactory performance, Staff is recommending approval of the one-year term extension option under SECTION 2. Term of Agreement 3871 (Attachment B). Amendment No. 1 to the agreement will extend the term, expiring on July 14, 2025.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends approval of Amendment No. 1 to Professional Services Agreement No. 3871 with Jairos Plumbing, Inc. and Authorize the City Manager to execute Amendment No. 1 (Attachment A) extending the term by one-year to July 14, 2025, with the annual not-to-exceed amount remaining unchanged at $45,000.

ATTACHMENT(S)

1. Attachment A - Agr No. 3871 Amendment 1 - Jairo's Plumbing

2. Attachment B - Agr No. 3871 - Jairos Plumbing
NEXT STEPS:

N/A

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ATTACHMENT A

CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3871
WITH JAIRO’S PLUMBING, INC.

This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1”), is made and entered into this 12th day of June 2024, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and JAIRO’S PLUMBING, INC., (hereinafter referred to as the “Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Consultant and the City entered into that certain Agreement for On-Call Plumbing Services by and between the City of Montebello and Jairo’s Plumbing, Inc., dated July 14, 2021 ("Agreement"), pursuant to which City retained Consultant to provide On-Call Plumbing Services, as further described in the Agreement; and WHEREAS, the City awarded the Agreement to the Consultant based on their qualifications, subsequent to a competitive selection process.

WHEREAS, under Section 2. TERM, this Agreement may be extended for up to two (2), additional, one-year (1) terms upon such terms and conditions mutually agreed upon by the Parties in writing; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.

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

AMENDMENTS
SECTION 1. “Term.” The Parties hereby exercise the first of two (2) one-year extensions pursuant to Section 2. Term of Professional Service Agreement No. 3871. The original termination/expiration date of the Agreement, as set on July 14, 2021, is hereby extended, and the Agreement will now terminate on July 14, 2025. This extension is in accordance with the provisions outlined in the Agreement, demonstrating the City's commitment to the continued provision of On-Call Plumbing Services by Jairo’s Plumbing, Inc.

SECTION 2. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement, shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.

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AMENDMENT NO. 1 TO AGREEMENT NO. 3871

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[END OF AMENDMENT NO. 1]
[SIGNATURES ON THE FOLLOWING PAGES]

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AMENDMENT NO. 1 TO AGREEMENT NO. 3871

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IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO JAIRO’S PLUMBING, INC.

Raul Alvarez, City Manager Jairo Zabaleta
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

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ATTACHMENT B

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ITEM # 14

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 AMENDMENT NO. 1 TO AGREEMENT 4123 WITH JOHNSON CONTROLS, INC. TO PROVIDE CITYWIDE HEATING,

VENTILATION AND AIR CONDITIONING (HVAC) SERVICES
DATE: June 12, 2024
RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 4123 between the City of Montebello and Johnson Controls to increase the not-to-exceed amount from $320,000 to $400,000; and,

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

FISCAL IMPACT:

On August 9, 2023, Agreement No. 4123 with Johnson Controls, Inc. was approved by the City Council. Agreement No. 4123 is for a 2-year term and was approved in an amount not to exceed $320,000 over the two-year term. The original agreement amount of $320,000 is projected to be insufficient to cover unexpected repair costs and the anticipated expenses for ensuring reliable HVAC operations throughout the summer.

Therefore, Amendment No. 1 (Attachment A) increases the not-to-exceed amount by $80,000, to $400,000 through the remaining time left on the two-year term (i.e,. through August 2025). The additional funding will cover: immediate and necessary repairs, conduct preventative maintenance to mitigate the risk of future failures and to make repairs to critical systems at communication sites to ensure uninterrupted emergency services. This increase is anticipated in the proposed Fiscal Year 2024-25 budget.

BACKGROUND/DISCUSSION:

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The City's HVAC systems have experienced significant issues over the past several months, resulting in unexpected repair costs and potential risks to City operations and employee safety. Detailed below are the key reasons necessitating the requested increase in the not-to-exceed amount:

1. Transit Building HVAC Failures:
o The transit building experienced multiple unit failures, needing multiple immediate repairs. These repairs have accumulated costs of approximately $30,000, which were not anticipated in the original budget.

2. City Hall HVAC Motor Burnout:
o A critical incident occurred when the HVAC motor at City Hall burned out, causing the building to be evacuated. This incident highlighted the urgent need for reliable HVAC systems to maintain safe working conditions and continuous City operations.

3. Communication Sites HVAC Failures:
o Major HVAC failures were reported at key communication sites that handle emergency dispatch services. The failure of these systems poses a significant risk to public safety as it could disrupt emergency response operations.

4. Upcoming Summer Season:
o With the approaching summer season, existing HVAC systems will be subjected to increased stress. Past experience indicates that the likelihood of additional failures increases during this period, requiring proactive measures to prevent breakdowns.

5. OSHA Compliance:
o OSHA regulations mandate the provision of adequate air conditioning to ensure safe and healthy working conditions for employees. Noncompliance could result in legal repercussions and endanger the health of city staff.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends approval of Amendment No. 1 to Professional Services Agreement No. 4123 increasing the not-to-exceed amount by $80,000 to $400,000 through the remainder of the two-year term (i.e, through August 2025) and Authorize the City Manager to execute Amendment No. 1 (Attachment A).

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ATTACHMENT(S)

1. Attachment A - Agr No. 4123 Amendment 1 - Johnson Controls, Inc

2. Attachment B - Agr No. 4123 - Johnson Controls, Inc
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ATTACHMENT A

CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 4123
WITH JOHNSON CONTROLS, INC.

This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1”), is made and entered into this 12th day of June 2024, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and Johnson Controls, Inc., (hereinafter referred to as the “Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Consultant and the City entered into that certain Agreement for HVAC Maintenance and Repair Services by and between the City of Montebello and Johnson Controls, Inc., dated August 10, 2023 ("Agreement"), pursuant to which City retained Consultant to provide HVAC Maintenance and Repair Services, as further described in the Agreement; and
WHEREAS, the City awarded the Agreement to the Consultant pursuant to cooperative purchasing agreement with Sourcewell, a Minnesota local government unit.

WHEREAS, pursuant to Section 6. Extra Services of the Agreement, the Parties desire to increase the volume of services provided by Consultant with a corresponding increase in compensation; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.

AMENDMENTS
SECTION 1. “Services/Compensation.” The city agrees to set the annual amount not-to-exceed amount to $400,000 for the Professional Services set in the agreement.

SECTION 2. Except as expressly modified by this Amendment No. 1, all provisions of the Agreement, shall remain in full force and effect.

SECTION 3. Entire Agreement. The provisions of this Amendment No. 1 shallconstitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 1 and shall supersede any other agreement, understanding, or

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AMENDMENT NO. 1 TO AGREEMENT NO. 4123

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arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1.

SECTION 4. Authority. The person or persons executing this Amendment No. 1 on behalf of each of the Parties warrants and represents that he or she has the authority to execute this Amendment No. 1 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
[END OF AMENDMENT NO. 1]
[SIGNATURES ON THE FOLLOWING PAGES]

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AMENDMENT NO. 1 TO AGREEMENT NO. 4123

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IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO JOHNSON CONTROLS, INC.

Scarlett Peralta, Mayor Brian E. Tansey, Area Services
Manager
ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

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CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4123
WITH JOHNSON CONTROLS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on August 10, 2023 ("Effective Date"), by and between the CITY OF MONTEBELLO, a California municipal corporation (the "CITY") and JOHNSON CONTROLS, INC (the "CONSUL TANT'). 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 HVAC maintenance and repair services in the CITY; and WHEREAS, the CONSULTANT currently has a contract with Sourcewell (a State of Minnesota local government unit) for HVAC systems and related services (Contract No. 070121-JHN); and
WHEREAS, the CONSULTANT was awarded this contract through an open, competitive process (Sourcewell RFP No. 070121); and
WHEREAS, the CONSULTANT grants the City authorization to make purchase using the same terms and conditions as those listed in the Sourcewell contract.

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 any and all addenda or supplemental agreements.

2. Johnson Controls Estimate PSA 1-1LBQ5399

3. Sourcewell Contract No. 070121-JHN

4. Proposal referenced and Best Final Offer received by the successful proposer.

5. 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.

ATTACHMENT B

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a. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide HVAC maintenance and repair services, as set forth fully in the Sourcewell Request for Proposals No. 070121 (Exhibit "A"), hereto and incorporated fully herein by this reference (hereinafter "Professional Services"). b. All terms, conditions, requirements, and provisions of Sourcewell Contract No. 070121-JHN (Exhibit "8") dated October 14, 2021, 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.
c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit "C" and incorporated fully herein by this reference ("Compensation"). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSUL TANT shall not 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 two (2) years from the Effective Date, unless terminated earlier as hereinafter provided. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY's applicable, department head.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement. c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSUL TANT.
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.

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SECTION 5. WORK PRODUCT.
a. The CONSUL TANT 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 CONSUL TANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSUL TANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT, 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.

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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 CONSUL TANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any "non-refundable" costs that the CONSUL TANT has incurred for its services under this Agreement, provided that: (1) such "non- refundable" costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such "non-refundable" costs may include, but are not limited to, travel reservations incurred by the CONSUL TANT for its performance of services under this Agreement. The CONSUL TANT 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 CONSUL TANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSUL TANT.

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 CONSUL TANT 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 CONSUL TANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSUL TANT, the CONSUL TANT'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

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provide the CONSUL TANT, its employees or subconsultants with workers' compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees' Retirement System ("CalPERS") annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSUL TANT 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 CONSUL TANT or any employee, agent, or subconsultant of the CONSUL TANT 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 CONSUL TANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSUL TANT 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.

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 CONSUL TANT's negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

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SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSUL TANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT's performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability insurance appropriate to the CONSULTANT'S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days' prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT's expense, the premium thereon. f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services' commencement date. The evidence of insurance shall be U.S. mail or email to:

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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 CONSULT ANT 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.

I. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSUL TANT 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. m. Procurement of insurance by the CONSUL TANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT's duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

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SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSUL TANT 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 CONSUL TANT 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.

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

If to CITY: City of Montebello
Attn: Arlene Salazar, Assistant City Manager

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With a copy to:

If to Consultant:
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
City of Montebello - Public Works
Attn: James Enriquez
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 -1200 ext. 462
Email: [email protected]
Johnson Controls, Inc.

Attn: Brian E. Tansey
5770 Warland Dr. STE A
Cypress, CA 90630
(866) 819-0230
Email: [email protected]
An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives 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 CONSUL TANT 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 CONSUL TANT 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 CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSUL TANT 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 CONSUL TANT 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.

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SECTION 25. ENTIRE AGREEMENT.

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

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IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. ("CITY") ("CONSUL TANT')
CITY OF MONTEBELLO JOHNSON CONTROLS, INC.

ATTEST:

Christopher Jimenez, Ci
APPROVED AS TO FORM:
r
an, City Attorney
EXHIBITS:
• Exhibit A- Sourcewell RFP No. 070121
• Exhibit B - Sourcewell (Contract No. 070121-JHN)
• Exhibit C - Johnson Controls Estimate PSA 1-1 LBQ5399

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ITEM # 15

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director
SUBJECT: RECEIVE AND FILE AND ADOPT THE CITY OF MONTEBELLO’S

FINAL SYSTEMIC SAFETY ANALYSIS REPORT PROGRAM (SSARP)

AND LOCAL ROAD SAFETY PLAN (LRSP)
DATE: June 12, 2024
RECOMMENDATION(S):

It is recommended that the City Council:

1. Receive and file and adopt the City of Montebello’s final Systemic Safety Analysis Report Program (SSARP) and Local Road Safety Plan (LRSP) prepared by Mark Thomas & Company, Inc.; and,

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

FISCAL IMPACT:

The City of Montebello's final Systemic Safety Analysis Report Program (SSARP) and Local Road Safety Plan (LRSP) are essential documents designed to enhance road safety and reduce traffic-related incidents within the City. The report outlines a strategic approach to improve road safety for motorists, bicyclists, and pedestrians through specific, localized measures. These measures include intersection improvements, trafficcalming measures, sidewalk enhancements, crosswalk improvements, and the creation of dedicated bike lanes to enhance cyclist safety.

The report provides recommendations and identifies locations that require roadway safety improvements. Staff will utilize the SSARP and select projects that qualify for future transportation safety program grant funding. Additionally, staff will make recommendations to allocate future funds in the operating and capital improvement program budgets for the implementation of roadway projects. After the City Council adopts the SSARP, Staff will post the final report on the City’s website.

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CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 12, 2024

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BACKGROUND/DISCUSSION:

On November 10, 2021, the City Council awarded a Professional Services Agreement to Mark Thomas & Company, Inc. for the preparation of the SSARP. The objectives of the report evaluate the City’s transportation network for all road users by providing guidelines to address safety needs on local roadways. Several steps must take place in order to analyze the data (i.e. analyzing crash data) to identify high-risk areas and prioritize improvements. The final report (Attachment A) represents a comprehensive approach to addressing road safety through data-driven analysis, community involvement, and strategic implementation of safety interventions.

Staff is recommending the adoption of the final SSARP. The report significantly enhances roadway safety, reduces the frequency and severity of accidents, and promotes a safer environment for all road users.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends the City Council Adopt and Receive and File the City of Montebello's final Systemic Safety Analysis Report Program (SSARP) and Local Road Safety Plan (LRSP).

ATTACHMENT(S)

1. Attachment A - Final Systemic Safety Analysis Report/Local Road Safety Plan NEXT STEPS:

N/A

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PREPARED FOR
City of
Montebello

SYSTEMIC SAFETY ANALYSIS REPORT /

LOCAL ROAD SAFETY PLAN
Final Report - April 2023

ATTACHMENT A

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2023 Montebello Safe Travel Plan
Systemic Safety Analysis Report / Local Roadway Safety Plan Acknowledgements
The 2023 Montebello Safe Travel Plan (Plan) was funded through a grant provided by the California Department of Transportation (Caltrans). The City of Montebello, in collaboration with multidisciplinary partner agencies and stakeholders, collaborated to develop a Plan that increased roadway safety for people traveling within the city’s roadway network. The study was managed by Homayoun Behboodi, Allen Cabanillas, and James Enriquez of the City’s Department of Public Works, in coordination with a Stakeholder Working Group (SWG). A consulting team led by Mark Thomas assisted the City of Montebello and the SWG in preparing the plan.

Project Partners
Montebello Department of Public Works
James Enriquez
Homayoun Behboodi
Allen Cabanillas
Samantha Chenelia
Montebello Fire Department
Craig Barker
Montebello Bus Lines
Anthony Rodriguez
Alex Gillman
Los Angeles Metro
Jacob Lieb
Montebello Unified School District
Angel Barnuevo
Caltrans District 7
Guillermo Hermosillo
Care Ambulance of Montebello
Eddie Barnum
Montebello Bicycle Coalition
Gilbert Juaregi
Consultant Team
Mark Thomas
Paul Martin
Stephen Patchan
Pat Somerville
Bobby Lin
Jae Riddle
Kittelson
Mychal Loomis

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REPORTS DISCOVERY AND ADMISSION INTO EVIDENCE

OF CERTAIN REPORTS, SURVEYS, AND INFORMATION
Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data.

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Contents
Introduction ......................................................................................................................................................................4 Executive Summary...............................................................................................................................................5 Study Parameters ..................................................................................................................................................5 LRSP Development Process ...................................................................................................................................6 Stakeholder Working Group.............................................................................................................................6 Vision, Mission, and Goals .................................................................................................................................7 Existing Safety Efforts...............................................................................................................................................8 Safety Analysis ...............................................................................................................................................................10 Data Collection..........................................................................................................................................................10 Crash Analysis Results............................................................................................................................................13 Crash Types and Primary Crash Factors .....................................................................................................13 Human Factors and Personal Attributes ....................................................................................................14 Priority Locations.................................................................................................................................................14 Needs Analysis ..........................................................................................................................................................15 California Communities Environmental Health Screening Tool .......................................................15 California Disadvantaged Communities.....................................................................................................15 Median Household Income.............................................................................................................................15 Student Qualification for Free or Reduced-Price Meals......................................................................16 California Healthy Places Index......................................................................................................................16 Areas of Persistent Poverty .............................................................................................................................17 Historically Disadvantaged Communities..................................................................................................17 Comprehensive List of Countermeasures...........................................................................................................19 Signalized Intersections.........................................................................................................................................19 Non-Signalized Intersections ..............................................................................................................................21 Roadway Improvements .......................................................................................................................................22 Priority Safety Projects................................................................................................................................................23 Level A Projects ....................................................................................................................................................25 Level B Projects ....................................................................................................................................................28 Level C Projects ....................................................................................................................................................31 Emphasis Area Strategies ..........................................................................................................................................35 Emphasis Area 1: Intersections...........................................................................................................................35 Emphasis Area 2: Pedestrians and Bicyclists .................................................................................................38 Emphasis Area 3: Aging Drivers .........................................................................................................................41 Emphasis Area 4: Commercial Vehicles...........................................................................................................43 Emphasis Area 5: Driving Under the Influence ............................................................................................45 Emphasis Area 6: Improve Incident Response .............................................................................................47 Next Steps .......................................................................................................................................................................49

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APPPENDICES
APPENDIX A: Letters of Support
APPENDIX B: Crash Data Analysis
APPENDIX C: Collision Maps
APPENDIX D: Crash Severity Calculations
APPENDIX E: Crash Severity
APPENDIX F: Disadvantaged Communities Maps
APPENDIX G: Priority A/B Locations
APPENDIX H Priority Intersection Crash History
APPENDIX I: Countermeasure Identification
APPENDIX J: Countermeasure Concept Plans
APPENDIX K: Project Estimates
APPENDIX L: BCR Analyzer for HSIP Applications

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Introduction
Executive Summary
The purpose of the 2023 Montebello Safe Travel Plan (Plan) is to provide a proactive approach to addressing safety needs for motorists, bicyclists, and pedestrians on City of Montebello managed roadways. The Plan is a living document which will be reviewed and updated accordingly during annual stakeholder meetings, and its development was funded by the California Department of Transportation (Caltrans).

As part of an ongoing effort to identify and implement roadway safety improvements, the Plan’s intent is to:

1. Evaluate and plan for focused improvements on local highway safety needs

2. Maintain eligibility for future Highway Safety Improvement Program (HSIP) grant funding opportunities

3. Evaluate crash history affecting all transportation modes

4. Identify crash types and locations

5. Develop recommendations for improvements

6. Develop a Working Group with stakeholders representing multiple disciplines System Safety Analysis Reports and Local Roadway Safety Plans have been proven to reduce fatalities on local roads in states that have implemented them, and this Plan’s implementation will improve transportation safety for the City’s residents and visitors.

Study Parameters
The Plan evaluates collision history and provides countermeasures for local, collector, and arterial roadways within the City of Montebello. The collision database is a compilation of collisions on City managed roadways between January 1st, 2015, and December 31st, 2019, and sources utilized for data collection included the Statewide Integrated Traffic Records System (SWTRS) and the Transportation Injury Mapping System (TIMS). Crashes that occurred on grade-separated freeways traveling through the City (Interstate 5 and State Route 60) have been excluded from the crash data. However, crashes reported at the ramp terminal intersections that are associated with grade-separated freeways and highways in the City are included in the analysis database. In total, 2,637 collisions occurred over the 5- year period, whereas a total of 51 (2.4%) resulted in either a fatality or severe injury.

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LRSP Development Process
The project kicked off in December 2021 with a meeting between the City of Montebello Public Works Department staff and consultants. Here, the team discussed the City’s vision and goals for the project, recent work efforts, project schedule, and approach toward the crash analysis, field reviews, and noninfrastructure program recommendations.

Stakeholder Working Group
The project created a Stakeholder Working Group (SWG) consisting of multi-disciplinary decisionmakers and partners who have played a key role in the Plan’s development, and the SWG furthered the development process by helping to plan, implement, and evaluate methods to achieve the Plan’s Vision, Mission, and Goals.

SWG agencies were selected for their influence over the 4 E’s of transportation safety and ability to coordinate specialized services for the City of Montebello within their respective agencies. Additionally, SWG representatives customized the Plan’s non-infrastructure recommendation, timelines, and responsibilities according to staff and resource availability. Stakeholders will convene annually, at the request of the City of Montebello, to confirm the Travel Safety Plan’s safety goals and direction.

A total of three SWG meetings occurred on February 16, March 9, and April 20, 2022, to review crash data, define the LRSP’s Vision, Mission, and Goals, and organize non-infrastructure (NI) programs to address the emphasis areas. The SWG collaborated to define lead and support agencies, resources, communication methods, and implementation timelines for each NI program. Involvement and continued participation by the SWG members are documented through letters of support included in Appendix A.

Stakeholder Membership included representatives from the following organizations:

Montebello Department of Public Works
Montebello Fire Department
Montebello Bus Lines
Los Angeles Metro
Montebello Unified School District
Caltrans District 7
Care Ambulance of Montebello
Montebello Bicycle Coalition

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Vision, Mission, and Goals
The LRSP’s Vision, Mission, and Goals were developed through a collaborative process between City representatives and SWG members, and the resulting feedback identified the following:

Vision
A safe transportation system for all users and diverse modes of travel within the City of Montebello.

Mission
The City will ensure a safe and sustainable transportation system for all motorized and non-motorized users on all public roads in Montebello.

Goals
Implement proven safety solutions systemically to reduce fatal and severe crashes.

Reduce the share of KSI crashes to less than 1% by 2030. (2015-2019 avg = 1.0%).

Reduce the number of broadside crashes by 25% by 2030 (174 to 131, annually).

Increase DUI-enforcement operations by 20% by 2025.

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Existing Safety Efforts
The City of Montebello has demonstrated a history of promoting safety and improving the transportation network by aligning it with the Safe Travel Plan.

Senior Efforts
The City of Montebello Senior Center offers Dial-A-Ride services to senior residents. The Senior Center works with the Montebello Bus Line Transportation Citizen Advisory Committee to work on passenger advocacy and senior public transportation safety.

Montebello Boulevard Bicycle and Pedestrian Improvement Project The City was awarded funding from Metro for road improvements from Paramount Boulevard to Lincoln Avenue, which included pavement rehabilitation, street widening, bicycle and pedestrian improvements, drainage, landscape & irrigation, traffic signal modifications, and traffic channelization improvements.

Montebello Capital Improvement Program (2021)
The City of Montebello Public Works Department maintains and improves the City’s infrastructure through the Capital Improvements Program (CIP). According to the FY 2021-2022 CIP budget, projects include street, intersection, and sidewalk improvements. Previous CIPs have also included other mobility projects such as ADA access ramp improvements.

Various Intersection Improvements Project, HSIP Cycle 7 (FY20-21) The City of Montebello, Engineering Division, was awarded a grant in Cycle 7 of the Highway Safety Improvement Program (HSIP) to construct improvements at three intersections and one adjacent corridor within the City. The project includes traffic signal modifications at:
• Via Campo/Findlay
• Via Campo/Garfield
• Garfield/Whittier Blvd
Improvements include addition of protected and protected-permissive left-turn phasing for motor vehicles and re-organization of pedestrian crossing locations, accordingly. Additional improvements to roadway striping, markings, and signage were conducted along Via Campo east of Via Campo/Findlay intersection.

Montebello Hills Specific Plan (2015)
Montebello Hills Specific Plan was adopted in 2015 to plan for an infill residential development in northern Montebello, south of Montebello Boulevard and southwest of San Gabriel Boulevard, south of State Route 60. The plan ensures that infrastructure and public facilities appropriately serve the community by preserving open space, creating a range of housing options, creating walkable neighborhoods, and providing a variety of transportation options. A master circulation plan is included that outlines existing and proposed roads and improvements, as well as conceptual designs for street cross sections and roundabouts.

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Montebello General Plan Circulation Element (1973)
The current Montebello General Plan, adopted in June 1973, includes a circulation element that identifies existing and proposed major thoroughfares in the city, describes the overall circulation in the city, and develops goals and objectives to improve the transportation network. The current circulation element does not include goals or policies referencing roadway safety. However, the City is in the process of updating the General Plan, which would include an updated Mobility Element and associated goals, policies, and actions.

Traffic Signal Synchronization
The City of Montebello is involved in a multi-agency effort, led by the County of Los Angeles, to provide traffic signal improvements that allow for synchronization of 21 traffic signals along the Beverly Boulevard (13 intersections), Olympic Boulevard (3 intersections), and Washington Boulevard (5 intersections).

Montebello Crossing Guard
The City of Montebello Police Department, in coordination with the Montebello Unified School District, have identified five locations as areas of need for crossing guards at various locations citywide. Through a Memorandum of Understanding (MOU) between the Police Department and the School District, the former supplies crossing guards at the five identified locations through a service vendor, while the latter supports the initiative through funding ten percent of the annual cost of services.

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Safety Analysis
Data Collection
This Safe Travel Plan was developed using a data-driven approach toward identifying locations and behaviors contributing to collisions on the City’s roadway network. A collision database was developed containing the most recent five years of reported crashes, representing January 1, 2015, through December 31, 2019, with data from California’s Statewide Integrated Traffic Records System (SWITRS) and UC Berkeley’s Transportation Injury Mapping System (TIMS).

When year 2020 crash data was obtained and evaluated, it was found that the City has significantly fewer reported crashes in 2020 than the prior four years, which may be due to lower traffic levels, different travel patterns during the COVID-19 pandemic, or crash data processing delays. As a result, year 2020 data was not included in the city-wide analysis, and in terms of recent years, 2015 through 2019 were the most reliable five years of data for analysis.

While SWITRS crash data is only partially geolocated, the UC Berkeley TIMS crash data is mostly geolocated. Reference data saved in each crash record for primary and secondary streets, and the distance and direction from each intersection was used to geocode and manually offset crashes.

Additionally, crashes that occurred on grade-separated freeways traveling through the city (Interstate 5 and State Route 60) have been excluded from the crash data; however, crashes reported at the ramp terminal intersections associated with the City’s grade-separated freeways and highways are included in the analysis database. Finally, duplicate records were identified and removed if multiple entries appeared to represent the same crash, as identified by inspection of crash details for entries with the same time and date. The final dataset includes 2,637 crashes from SWITRS/TIMS. The locations of all collisions are shown in Figure 1: Total Crashes on City of Montebello’s Local Roadway Network, 2015- 2019, below, and locations of fatal and severe injury collisions are shown in Figure 2: Total Fatal and Severe Injury Crashes on City of Montebello’s Local Roadway Network, 2015-2019.

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Figure 1: Total Crashes on City of Montebello’s Local Roadway Network, 2015-2019

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Figure 2: Total Fatal and Severe Injury Crashes on City of Montebello’s Local Roadway Network, 2015-2019

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Crash Analysis Results
Crash Types and Primary Crash Factors
Of the 2,637 crashes reported in the City of Montebello, 51 resulted in a fatality or severe injury, averaging to 527 collisions and 10 fatalities/severe injuries per year. Over the five-year period, collision rates were lowest in 2016 and highest in 2018, but although 2018 experienced the highest volume of collisions, the total that resulted in an injury was lower than each year except for 2016. A summary of collision severity by roadway user is included in Table 1 Crash Severity by Road User Involved (2015-2019).

Broadside collisions—which are when a driver makes an improper turning move and is struck by another vehicle before the turn is completed—were the most frequent type of crash (33%) and appeared the most often in collisions that resulted in a fatality or severe injury (29%). These collisions are more likely to occur at unsignalized intersections and signalized intersections with unprotected left turns.

When isolating crash types for those resulting in a fatality or severe injury, pedestrian-involved collisions were found to account for 20% and 32%, respectively, which is an over-representation compared to the share in total crashes (5%). Pedestrians are recognized as one of the most vulnerable users of the roadway, as they are five times more likely to be killed or severely injured from a vehicle collision. Of these pedestrian-involved crashes, Pedestrian Violations were identified in the top three crash factors (14%) resulting in a fatal or severe injury, indicating the community may benefit from education on safe and legal pedestrian practices.

Improper turning was the most frequently cited crash factor (24%) and appeared in the top three crash category factors when isolating collisions resulting in a fatality or severe injury (14%). Improper turning can be addressed by improving visibility at crash-prone locations, incorporating protected left turns at signalized intersections, and driver education among other approaches.

Automobile Right-of-Way—which indicates a violation of California vehicle code 21800-21809, a proper yielding between two vehicles—represented 19% of all crashes and was the most common crash factor for fatal and severe injury crashes (18%). This crash factor can be addressed through promoting driver awareness of state laws and increasing driver compliance through educational initiatives.

Table 1 Crash Severity by Road User Involved (2015-2019) Road User Involved Fatal Severe
Injury
Other Visible
Injury
Complaint of
Pain
Property
Damage Only
Total Crashes
Vehicle-Vehicle or
Vehicle-Other
4 (40%) 15 (37%) 239 (66%) 811 (85%) 1228 (97%) 2297 (87%) Pedestrian-Involved 2 (20%) 13 (32%) 44 (12%) 76 (8%) 7 (0.6%) 142 (5%) Bicyclist-Involved 1 (10%) 6 (15%) 52 (14%) 45 (5%) 15 (1%) 119 (5%) Pedestrian- and
Bicyclist-Involved
0 (0%) 0 (0%) 1 (0.2%) 1 (0.1%) 0 (0%) 2 (0%)
Motorcycle-Involved 3 (30%) 7 (17%) 28 (8%) 28 (3%) 17 (1%) 83 (3%) Grand Total
(% of total crashes)
10 (0.4%) 41 (2%) 361 (14%) 958 (36%) 1267 (48%) 2637 (100%) Note: Percentages are the share of column and may not sum to 100% due to rounding and overlap in crashes Source: SWITRS, TIMS, compiled by Kittelson, 2022.

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Montebello City CouncilJune 12, 2024

Montebello City Council
June 12, 2024