Montebello City Council
September 25, 2024

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

ANALYSIS:

N/A

SUMMARY:

Staff recommends the City Council authorize issuing RFP No. 25-04 for citywide custodial services. Upon City Council approval, staff will proceed with the recommended actions.

ATTACHMENT(S)

1. Attachment A - RFP Montebello Citywide Custodial Services

1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 25 - 04
Citywide Custodial Services
Release Date: Thursday, September 26, 2024
Questions Due: Tuesday, October 15, 2024, at 11 a.m. PDT Mandatory Site Walk: Wednesday, October 9, 2024, at 9 a.m. PDT Due Date: Monday, October 28, 2024, at 11 a.m. PDT

ATTACHMENT A

2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]

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

DATE OF SOLICITATION
September 26, 2024

PROJECT
Citywide Custodial Services

PROPOSAL OWNER
City of Montebello – Department of Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Cesar Roldan, Director of Public Works
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Department of Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: James Coiner, Deputy Director of Public Works
Contact Phone: (323) 887- 1200
Contact E-Mail: [email protected]

Any questions about this RFP should be submitted via the City's PlanetBids Portal by Tuesday, October 15, 2024, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:

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

4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work 7

6.0 Vendor Qualifications 9

7.0 Proposal Submittal 9

8.0 Evaluation of Proposal 10

9.0 Proposal Protests 10

10.0 Execution of Agreement 12

11.0 Insurance 12

12.0 Use of Federal Funds 14

13.0 Non-Commitment of City 15

14.0 Labor Requirements 15

15.0 Records 16

16.0 Subcontractors 16

17.0 Modifications/Changes 16

18.0 Disclosure of Information 16

19.0 Ex-Parte Communications 16

20.0 City of Montebello Rights 17

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

5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from qualified vendors to provide citywide custodial services following the specifications, terms, and conditions identified in this RFP. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:

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

Prospective vendors must register with PlanetBids before being able to view or submit a response.

Questions must be submitted by Tuesday, October 15, 2024, at 11:00 a.m. PST.

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

Mandatory Site Walk Wednesday, October 9, 2024, at 9:00 a.m. PST.

Proposals must be submitted via PlanetBids by Monday, October 28, 2024, at 11:00 a.m. PST.

Responses will be evaluated to determine the vendor that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described. The City reserves the right to accept or reject any and all proposals.

6 2.0 Introduction
The City of Montebello invites prospective vendors to submit a proposal to provide citywide custodial services to various locations. The vendor will provide a workforce of company-bonded skilled custodians, materials, tools, equipment, and transportation to perform custodial services at various City facilities.

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

3.0 Timeline
• Release RFP Thursday, September 26, 2024
• Mandatory Site Walk: Wednesday, October 9, 2024, 9 a.m. • Online Q&A Deadline Tuesday, October 15, 2024,11 a.m. PDT • Deadline to Submit Responses Monday, October 28, 2024, at 11 a.m. PDT • City Review of Submissions Early/Mid-November 2024
• Notifications Sent to Vendors Early/Mid-December 2024 • Award January 2025

4.0 Purpose
The purpose of this solicitation is to identify a qualified vendor to provide custodial services to various City locations.

The City recognizes the need for custodial services and is inviting qualified firms to submit proposals to maintain City facilities, buildings, and office spaces.

The City is seeking to establish an agreement with a minimum term of three (3) years with up to two (2), year extension options for a total of up to five (5) years . This requirement may change during the process of finalizing the agreement with the selected vendor.

5.0 Scope of Work/Services
The City of Montebello is requesting proposals from qualified vendors capable of providing general custodial services to maintain the cleanliness and productivity of all citywide facilities. The v endor awarded through this RFP is expected to follow each

7 schedule and services below, excluding city observed holidays. Vendor is also expected to open and/or lock park restroom facilities during holidays. Open at 8:00 a.m. and Close/Lock at 10:00 p.m. (as requested).

All services listed below are to be performed on a daily, weekly, bi -weekly, or monthly basis, or as otherwise directed by the City:

General Cleaning Services:
• Empty all trashcans and other waste containers and replace bags. • Dust and sanitize countertops
• Vacuum all carpet spaces
• Polish windows and glass surfaces
• Replace toilet paper and paper towels in restrooms
• Replace soap in dispensers
• Sanitize and mop all urinals, toilets, and restroom floors. • Sanitize all doorknobs and doors
• Clean sinks
• Sweep all areas that do not have carpet
• Check all appliances are turned off
• Clean interior and exterior areas of microwaves and coffee pots • Dust windows, baseboards, window blinds, and counters • Clean the inside of refrigerators in kitchens/break rooms. • Replace deodorizers in urinals
• Clean mirrors
• Clean and sanitize showers
• Dust and sanitize lockers
• Sanitize gym equipment
• Replace air fresheners
• Sanitize floor drains
Miscellaneous Services:
• Report bird nests, bee hives, graffiti, and other hazard conditions to public works department.
• Lock all entrance doors whenever necessary with area lights turned off. • Do not distribute or review documents on desks, tables, offices, files, etc. • Do not go through employees workspaces such as office drawers

Heavy Duty Cleaning Services:
• May be required to shampoo carpet
• Clean air vent diffusers
• Machine scrub tile floors in restrooms

8 • Strip and wax floors
• Steam power wash entire interior and exterior of restroom, cement slab near restroom entry and lavatories
• Clean grilles

Supplies For Transit Facility Needed:
• Vacuum to be supplied by contractor and maintained by contractor. • Floor scrubbing equipment will be provided by City for floor scrubber and scrubbing/polish pads. Contractor shall order the appropriate pads (Scrub and Polish and shall ensure that contractors staff use the appropriate pads. Damage through negligence shall be contractor’s responsibility to repair • Brooms and Mops will be supplied by City
• Cleaning Supplies: City will supply; however, contractor is responsible for proper use of cleaning supplies. Use of incorrect cleaning supplies that cause damage to City property, shall be the burden of the Contractor to take corrective action to replace and or repair damage caused by Contractors Staff. • Trash can liners: City shall provide and Contractor shall replace each evening in baskets and or trash cans that have been used.

All General Equipment and Supplies:

All equipment, tools, and supplies necessary to perform the required work shall be furnished by the Contractor at their sole expense.

All keys or access cards given to the Contractor by the Inspector shall be surrendered to same at the termination of this contract and no duplication of the keys shall be made.

All vehicles utilized under the scope of this contract shall meet all requirements of the California Vehicle Code.

On all vehicles utilized under scope of this contract, the Contractor shall have placards, emblems, signs, etc., attached to driver and passenger doors, which include but are no t limited to the following:

• Company Name

Locations to be Serviced:

1. Locations

9 FACILITY ADDRESS DAYS /HOURS SQUARE FEET
Facilities to be serviced
CITY HALL 1600 W BEVERLY BLVD General Cleaning – 4x weekly Heavy Duty Cleaning – Periodic
(Monday-Thursday after 9:00PM)

ACUNA PARK 1700 W VICTORIA AVE General Cleaning - 5x weekly Heavy Duty Cleaning-Periodic
(Sunday-Thursday after 7:00PM)
6,052
ASHIYA PARK (Outside Restroom) 2700 W BEVERLY BLVD General Cleaning - 14x weekly Heavy Duty Cleaning-Periodic
(Monday-Sunday 4-8:00AM & 2-
6:00PM)
576
CITY PARK (Outside Restroom) 1300 W WHITTIER BLVD General Cleaning - 14x weekly Heavy Duty Cleaning-Periodic
(Monday-Sunday 4-8:00AM & 2-
6:00PM)
868
CITY PARK – GYMNASIUM & YOUTH
CENTER
236 GERORGE HENSEL DR General Cleaning - 7x weekly
Heavy Duty Cleaning-Periodic
(Monday-Sunday 4-8:00AM & 2-
6:00PM)
5184
CITY PARK – AUQATIC BUILDING
(Upstairs)
1300 W OLYMPIC BLVD General Cleaning – 2x Weekly
Heavy Duty Cleaning – Periodic
(Monday & Thursday 6-11:00
AM)

CITY PARK – AUQATIC BUILDING
(Downstairs)
1300 W OLYMPIC BLVD General Cleaning – 2x Weekly
Heavy Duty Cleaning – Periodic
(Monday & Thursday 10:00 PM-
7:00 AM)

SENIOR CITIZEN CENTER 115 S TAYLOR AVE General Cleaning - 7x weekly Heavy Duty Cleaning-Periodic
(Monday-Sunday 4-10:00PM -
6:00AM & Saturday 12-4:00 AM)
13,168

GOLF COURSE MAINTENANCE

BUILDING
984 BELLA VERDE DR
General Cleaning - 7x weekly
Heavy Duty Cleaning-Periodic
(Monday-Sunday 2-7:00AM )

1,405
GOLF COURSE (Bicknell Scout House) 850 BELLA VERDE DR
General Cleaning – 2x Weekly
Heav Duty Cleaning-Periodic

1,575

10 (Monday & Thursday 7-11:00
AM)
GRANT REA PARK – RECREATION

BUILDING & COMMUNITY ROOM
600 N REA DR General Cleaning – 2x Weekly
Heavy Duty Cleaning -Periodic
(Monday & Friday 5-10:00AM)
1,000
1,488
GRANT REA PARK (10 Outside Restrooms) 600 N REA DR General Cleaning - 14x weekly Heavy Duty Cleaning-Periodic
(Monday-Sunday 3-7:00PM APR-
OCT)
(Monday-Sunday 2-6:00PM

NOV-MAR)

HOLIFIELD PARK 1600 S GRENNWOOD AVE General Cleaning – 6x Weekly Heavy Duty Cleaning-Periodic
(Monday-Friday 10:00PM-
8:00AM)
2,500
HOLIFIELD PARK (Outside Restroom) 1060 S GREENWOOD AVE General Cleaning – 14TAx weekly Heavy Duty Cleaning-Periodic
(Monday-Sunday 4-8:00AM & 2-
6:00PM)
520
POTERO HEIGHTS PARK 8051 ARROYO DR General Cleaning – 2x Weekly Heavy Duty Cleaning-Periodic
(Monday-Friday)
420
POTERO HEIGHTS PARK (Outside
Restroom)
8051 ARROYO DR General Cleaning - 14x weekly
Heavy Duty Cleaning-Periodic
(Monday-Sunday 4-8:00AM & 2-
6:00PM)
576
REGGIE RODRIGUEZ PARK –

COMMUNITY CENTER
200 W MINES AVE General Cleaning – 5x Weekly
Heavy Duty Cleaning-Periodic
(Monday-Friday 10:00PM-
7:00AM)
2,500
REGGIE RODRIGUEZ PARK (Outside
Restroom)
200 W MINES AVE General Cleaning - 14x weekly
Heavy Duty Cleaning-Periodic
(Monday-Sunday 4-8:00AM
576
SANCHEZ ADOBE PARK 946 ADOBE AVE General Cleaning – 2x Weekly Heavy Duty Cleaning-Periodic
(Monday & Friday 4-8:00AM)
6,160
SANCHEZ ADOBE PARK (Outside
Restroom)
946 ADOBE AVE General Cleaning - 14x weekly
Heavy Duty Cleaning-Periodic
624

11 (Monday-Sunday 4-8:00AM & 2-
6:00PM)
TAYLOR RANCH PARK (Outside Restroom) 737 N MONTEBELLO BLVD General Cleaning - 14x weekly Heavy Duty Cleaning-Periodic
(Monday-Sunday 3-7:00PM APR-
OCT)
(Monday-Sunday 2-6:00PM

NOV-MAR)
576
TAYLOR RANCH PARK – RED BARN 737 N MONTEBELLO BLVD General Cleaning – 1x Weekly Heavy Duty Cleaning-Periodic
(Fridays 6:00AM-12:00PM)
2,700
TRANSPORTATION FACILITY 400 S TAYLOR AVE General Cleaning – 7x Weekly Heavy Duty Cleaning-Periodic
(Monday-Sunday 2:30-
Completion)

METROLINK STATION PUBLIC

RESTROOM
2000 W FLOTILLA ST General Cleaning - 14x weekly
Heavy Duty Cleaning-Periodic
(Monday-Sunday 4-8:00AM & 3-
7:00PM)

POLICE DEPARTMENT 1600 W BEVERLY BLVD General Cleaning -7x Weekly Heavy Duty Cleaning-Periodic
(Monday-Sunday after 6:00PM)

PUBLIC WORKS CORPORATE YARD –

OFFICE BUILDING
311 S GREENWOOD AVE General Cleaning -7x Weekly
Heavy Duty Cleaning-Periodic
(Monday-Thursday after 7:00PM)

6.0 Vendor Qualifications
A. Experience in providing custodial services to high-security areas.

B. Experience managing cleaning services for multiple facilities

C. Knowledge of basic cleaning practices and procedures.

Background Check
Vendor representatives working on-site and in some remote capacities, will be required to undergo a background check conducted by the City.

12 7.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information , including any addenda, may result in the proposal being considered “non -responsive” and rejected.

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

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

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

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:

i. Qualifications as they relate to this project - 30%
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello and incorporation of City brand into design
d. Experience of personnel assigned to the work
e. Communication Skills

ii. Reputation for integrity and competence – 10%
a. Positive Reference Checks
b. Work Samples

iii. Proposed fees for services – 60%

9.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)

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

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

A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:

Mail:

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

or

E-mail:
[email protected]

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

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

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

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

• The items to be procured are urgently required;

14 • Delivery or performance will be unduly delay ed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.

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

After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.

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

10.0 Execution of Agreement
The resulting agreement (see attached sample Appendix B) shall be signed by the successful Vendor and returned within the required insurance within ten (10) business days after the City has pr ovided written notice that the Vendor has been awarded.

Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.

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

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

A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise -operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.

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

15 1185.

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

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

C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $2,000,000 per occurrence or claim, $ 4,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

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

Required Insurance Documentation

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

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

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

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

Cancellation notice endorsements. Each policy must be endorsed to certify

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

Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non -contributing basis with any insurance or self - insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.

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

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

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

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

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

17 • Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history

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

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

14.0 Labor Requirements

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

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

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

18 mental/physical disabilities, sex, or religion of such persons.

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

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

16.0 Subcontractors
The Vendor shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Vendor and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

17.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement’s requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the Vendor. These changes will be processed by the City Manager.

18.0 Disclosure of Information
A. The Vendor agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Vendor shall be used exclusively in connection with the performance of services.

B. The Vendor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Vendor hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.

19 19.0 Ex-Parte Communications
Vendor and vendor representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This requirement also includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.

This restriction does not prohibit vendors and their representatives from submitting questions regarding this RFP pursuant to the directions provided herein, or making oral statements or presentations to City representatives during a scheduled public meeting.

20.0 City of Montebello Rights
At its discretion, the City reserves the right to:

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

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

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;

C. Accept all or any part of a proposal;

D. Cancel the entire RFP;

E. Issue subsequent RFPs; or

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

Please review:

Appendix A – Proposal Content and Format

Appendix B – Sample Professional Services Agreement

20 Appendix C – Cost Proposal

Appendix D – References

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 of Public Works

SUBJECT: REJECT BIDS RECEIVED FOR CONSTRUCTION OF THE RIO HONDO RIVER ACCESS IMPROVEMENT PROJECT (CP 924) IN

ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION
22038(A)(1) AND AUTHORIZE STAFF TO PROCEED WITH

READVERTISING AND REBIDDING THE PROJECT

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Reject all bids received for construction of the Rio Hondo River Access Improvement Project (CP 924) in accordance with Public Contract Code Section 22038(a)(1); and

2. Authorize staff to modify the project scope of work in conformance with all applicable engineering standards; and

3. Authorize staff to re-advertise the Notice Inviting Bid in accordance with Public Contract Code Section 22038(a)(1); and

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

FISCAL IMPACT:

The City received nine bids for construction of the Rio Hondo River Access Improvement Project (CP 924) on September 11, 2024. Staff evaluated the bids, and all bids had cost estimates higher than the anticipated project budget of $545,905. The recommendation is to modify the scope of work and rebid the project. Approval of the recommended actions will allow staff to proceed with rebidding this capital project. Once the project is re-bid and Staff has an opportunity to evaluate the bids, a recommendation will be made at a future City Council meeting which will include a well-defined project budget.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

BACKGROUND/DISCUSSION:

On August 14, 2024, the City Council authorized staff to advertise the Notice Inviting Bids (NIB) for the Project. The City Council’s adoption of the Plans, Specifications and Engineer’s Estimate (PS&E) provided the nexus to comply with Government Code Section 830.6. The intent of Section 830.6 is to prevent a judge or jury from second- guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project.

Government Code Section 830.6 provides, “Neither a public entity nor a public employee is liable … for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body … or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved … .”

Staff adhered to Public Contract Code sections 20161 and 20162, which mandates California public works projects to be competitively bid. The public works competitive bidding laws are intended to eliminate favoritism, fraud and corruption in the awarding of public contracts.

The NIB was published on August 16, 2024, in a newspaper of general circulation. The contract plans and specifications were accessible via PlanetBids and redistributed by several electronic media outlets that post the bid package on e-bid boards. In all, nine (9) bids were received, and the following is the bid tabulation:

Contractors Total
1 AL's Engineering, Inc. $701,591.43
2 Metrocell Construction $777,205.21
3 Deark E&C, Inc $778,133.00
4 Estate Design and
Construction Inc. $798,880.00
5 Aguilar & Calderon
Corporation $855,594.05
6 C.S. Legacy Construction,
Inc $869,170.31
7 Voltaire Engineering $957,004.34
8 Axiom Group $1,239,142.21
9 MBC Enterprises Inc. $1,378,948.61

Staff analyzed the bids received and after reviewing the proposals, the recommendation is to reject all bids since they all exceed the construction budget. The staff’s recommendation is for the modification of the PS&E and to authorize staff to formally rebid the project. Below is a tentative bid schedule:

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

NIB Issued and Posted: October 17 to November 20, 2024
Mandatory Job Walk: October 30, 2024 at 11 a.m. at the Job Site
Request for Information (RFI) November 5, 2024 at 12:00 p.m.

Bid Opening Date: November 20, 2024 at 11:00 a.m.

Contract Awarded by City Council: December 11, 2024

The bid advertisement will be consistent with Public Contract Code sections 20161 and 20162, which mandates California public works projects to be competitively bid. This action is also consistent with Montebello Municipal Code 3.20.110 - Bidding procedure prescribed. With City Council's approval, staff will advertise the project for bid in a local newspaper of general circulation and submit the NIB to PlanetBids.

The City Clerk’s Office shall publish the NIB and state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published for a minimum period of twenty-one (21) calendar days before the date of opening the bids in a newspaper of general circulation per Public Contract Code Section 22037.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff is recommending City Council approve rejection of all bids received for construction of the Rio Hondo Access Improvement Project (CP 924) in accordance with Public Contract Code Section 22038(a)(1); and authorize staff to modify the project scope of work in conformance with all applicable engineering standards; and authorize staff to re- advertise the Notice Inviting Bid in accordance with Public Contract Code Section 22038(a)(1).

ATTACHMENT(S)

1. Attachment A - Rio Hondo AIP Bid Results

ITE
M
No.

ITEM DESCRIPTION UNIT QUANTITY UNIT
PRICE TOTAL Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

A PROJECT STARTUP
1 Mobilization LS 1 $42,000.00 $42,000.00 $12,000.00 $12,000.00 $81,250.00 $81,250.00 $99,875.00 $99,875.00 $35,000.00 $35,000.00 $8,500.00 $8,500.00 $87,300.00 $87,300.00 $100,000.00 $100,000.00 $350,000.00 $350,000.00 2 Traffic Control LS 1 $10,750.00 $10,750.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $17,390.00 $17,390.00 $20,000.00 $20,000.00 $8,500.00 $8,500.00 $64,170.00 $64,170.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 3 Implementation of BMPs LS 1 $4,865.00 $4,865.00 $8,500.00 $8,500.00 $10,000.00 $10,000.00 $9,400.00 $9,400.00 $10,000.00 $10,000.00 $4,000.00 $4,000.00 $21,600.00 $21,600.00 $4,500.00 $4,500.00 $1,500.00 $1,500.00 4 Demolition of landscaping (site clear & grub) SF 11329 $0.50 $5,664.50 $1.00 $11,329.00 $4.63 $52,453.27 $3.13 $35,459.77 $0.90 $10,196.10 $6.00 $67,974.00 $2.00 $22,658.00 $1.44 $16,313.76 $0.94 $10,649.26 $0.65 $7,363.85 5 Demolition of existing sign and footing EA 1 $2,000.00 $2,000.00 $5,700.00 $5,700.00 $178.13 $178.13 $875.00 $875.00 $1,086.88 $1,086.88 $15,000.00 $15,000.00 $400.00 $400.00 $8,748.00 $8,748.00 $2,332.20 $2,332.20 $600.00 $600.00 6 Remove existing back flow, controller, and enclosure EA 1 $1,000.00 $1,000.00 $5,500.00 $5,500.00 $1,000.00 $1,000.00 $1,250.00 $1,250.00 $1,175.00 $1,175.00 $5,000.00 $5,000.00 $400.00 $400.00 $1,800.00 $1,800.00 $1,380.00 $1,380.00 $4,057.96 $4,057.96 7 Demo and remove existing tree/shrub EA 1 $500.00 $500.00 $5,282.00 $5,282.00 $1,200.00 $1,200.00 $1,250.00 $1,250.00 $1,263.13 $1,263.13 $5,000.00 $5,000.00 $80.00 $80.00 $5,400.00 $5,400.00 $3,860.00 $3,860.00 $800.00 $800.00 8 Remove and demolish existing curb LF 134 $10.00 $1,340.00 $45.50 $6,097.00 $10.69 $1,432.46 $25.00 $3,350.00 $13.64 $1,827.76 $40.00 $5,360.00 $18.00 $2,412.00 $41.40 $5,547.60 $31.00 $4,154.00 $8.00 $1,072.00 9 Remove and demolish existing irrigation
systems
LF 131 $10.00 $1,310.00 $46.50 $6,091.50 $38.50 $5,043.50 $47.71 $6,250.01 $73.55 $9,635.05 $30.00 $3,930.00 $5.00 $655.00 $4.50 $589.50 $52.00 $6,812.00 $22.74 $2,978.94 10 Demo and remove existing storm curb drain LF 25 $15.00 $375.00 $243.25 $6,081.25 $8.91 $222.75 $187.50 $4,687.50 $48.18 $1,204.50 $200.00 $5,000.00 $44.00 $1,100.00 $126.00 $3,150.00 $122.00 $3,050.00 $20.00 $500.00 11 Demo and remove existing sidewalk SF 1825 $4.00 $7,300.00 $3.35 $6,113.75 $6.18 $11,278.50 $12.50 $22,812.50 $6.32 $11,534.00 $8.00 $14,600.00 $18.00 $32,850.00 $8.10 $14,782.50 $12.50 $22,812.50 $5.00 $9,125.00 12 Demo and remove existing asphalt paving SF 25 $4.00 $100.00 $248.00 $6,200.00 $6.18 $154.50 $50.00 $1,250.00 $41.60 $1,040.00 $50.00 $1,250.00 $18.00 $450.00 $7.20 $180.00 $62.00 $1,550.00 $10.00 $250.00 13 Demo and remove existing concrete SF 120 $4.00 $480.00 $49.00 $5,880.00 $6.18 $741.60 $11.25 $1,350.00 $14.79 $1,774.80 $15.00 $1,800.00 $44.00 $5,280.00 $3.60 $432.00 $13.00 $1,560.00 $12.00 $1,440.00 14 Misc. demo and haul off SF 14397 $0.50 $7,198.50 $0.50 $7,198.50 $5.23 $75,296.31 $6.25 $89,981.25 $1.22 $17,564.34 $1.00 $14,397.00 $9.00 $129,573.00 $0.68 $9,789.96 $0.35 $5,038.95 $0.50 $7,198.50 15 Shade Structure Concrete foundation, incl. reinforcement CY 2 $1,500.00 $3,000.00 $24,289.00 $48,578.00 $1,162.50 $2,325.00 $5,000.00 $10,000.00 $675.63 $1,351.26 $2,000.00 $4,000.00 $587.00 $1,174.00 $8,100.00 $16,200.00 $2,399.00 $4,798.00 $6,500.00 $13,000.00 Including Lighting footing, incl. in lighting cost 1 $0.00 $0.00 $0.00 $0.00 $0.00 $10,000.00 $10,000.00 $3,000.00 $3,000.00 $8,000.00 $8,000.00 $880.00 $880.00 $9,000.00 $9,000.00 $0.00 $0.00 $0.00 $0.00 Including Sign footing, incl. in sign cost 1 $0.00 $0.00 $0.00 $0.00 $0.00 $10,000.00 $10,000.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $704.00 $704.00 $6,300.00 $6,300.00 $0.00 $0.00 $0.00 $0.00 16 Electronic billboard, 10mm pixel Watchfire LED Display EA 1 $230,000.00 $230,000.00 $217,755.00 $217,755.00 $2,750.00 $2,750.00 $268,750.00 $268,750.00 $251,904.27 $251,904.27 $80,000.00 $80,000.00 $1,759.00 $1,759.00 $385,920.00 $385,920.00 $250,000.00 $250,000.00 $115,000.00 $115,000.00 17 8' Kay Park Recreation contour bench EA 1 $2,650.00 $2,650.00 $2,140.00 $2,140.00 $680.00 $680.00 $4,375.00 $4,375.00 $3,172.50 $3,172.50 $3,000.00 $3,000.00 $550.00 $550.00 $7,290.00 $7,290.00 $2,349.00 $2,349.00 $2,800.00 $2,800.00 18 Wooden bike rest with concrete foundation EA 1 $2,000.00 $2,000.00 $3,587.00 $3,587.00 $102.38 $102.38 $2,000.00 $2,000.00 $3,113.75 $3,113.75 $5,000.00 $5,000.00 $440.00 $440.00 $1,386.00 $1,386.00 $2,512.00 $2,512.00 $2,300.00 $2,300.00 19 14' x 16' shade shelter, 9'-10' tall EA 1 $12,760.00 $12,760.00 $25,075.00 $25,075.00 $1,856.72 $1,856.72 $15,542.00 $15,542.00 $19,975.00 $19,975.00 $60,000.00 $60,000.00 $264.00 $264.00 $66,600.00 $66,600.00 $26,500.00 $26,500.00 $14,500.00 $14,500.00 20 Picnic table EA 1 $1,590.00 $1,590.00 $5,615.00 $5,615.00 $714.10 $714.10 $2,500.00 $2,500.00 $4,112.50 $4,112.50 $5,000.00 $5,000.00 $273.00 $273.00 $7,380.00 $7,380.00 $2,650.00 $2,650.00 $4,280.00 $4,280.00 21 Horse hitching post with concrete
foundation and subgrade
EA 2 $1,800.00 $3,600.00 $1,793.00 $3,586.00 $303.33 $606.66 $7,500.00 $15,000.00 $1,321.88 $2,643.76 $3,000.00 $6,000.00 $220.00 $440.00 $2,700.00 $5,400.00 $2,000.00 $4,000.00 $2,200.00 $4,400.00 22 Dual stream waste receptacle EA 1 $2,160.00 $2,160.00 $2,140.00 $2,140.00 $681.05 $681.05 $4,375.00 $4,375.00 $3,466.25 $3,466.25 $3,000.00 $3,000.00 $800.00 $800.00 $7,830.00 $7,830.00 $2,400.00 $2,400.00 $2,800.00 $2,800.00 23 Horse mounting block with concrete
foundation and subgrade
EA 2 $850.00 $1,700.00 $3,586.00 $7,172.00 $504.29 $1,008.58 $4,000.00 $8,000.00 $3,936.25 $7,872.50 $6,000.00 $12,000.00 $800.00 $1,600.00 $3,672.00 $7,344.00 $750.00 $1,500.00 $2,150.00 $4,300.00 24 Horse watering pole 6' with rock drainage
layer
EA 1 $1,250.00 $1,250.00 $7,825.00 $7,825.00 $611.72 $611.72 $35,000.00 $35,000.00 $5,214.00 $5,214.00 $5,000.00 $5,000.00 $1,056.00 $1,056.00 $5,760.00 $5,760.00 $9,267.00 $9,267.00 $4,630.00 $4,630.00 25 Global industrial outdoor drinking fountain
and bottle fill with concrete footing
subgrade
EA 1
$3,000.00 $3,000.00 $10,250.00 $10,250.00 $2,256.04 $2,256.04 $20,000.00 $20,000.00 $7,110.00 $7,110.00 $10,000.00 $10,000.00 $3,000.00 $3,000.00 $14,220.00 $14,220.00 $12,857.00 $12,857.00 $5,600.00 $5,600.00 26 Geotechnical survey during construction SF 14397 $0.25 $3,599.25 $0.65 $9,358.05 $1.96 $28,218.12 $1.25 $17,996.25 $0.41 $5,902.77 $1.00 $14,397.00 $0.10 $1,439.70 $2.70 $38,871.90 $0.42 $6,046.74 $0.80 $11,517.60 27 Rough grading - scrape and recompact top
24" of soil
CY 1067 $25.00 $26,675.00 $24.00 $25,608.00 $91.43 $97,555.81 $150.00 $160,050.00 $47.13 $50,287.71 $32.00 $34,144.00 $3.00 $3,201.00 $27.00 $28,809.00 $24.00 $25,608.00 $40.00 $42,680.00 28 Earthwork - cut CY 64 $30.00 $1,920.00 $216.00 $13,824.00 $91.43 $5,851.52 $118.75 $7,600.00 $121.17 $7,754.88 $70.00 $4,480.00 $5.00 $320.00 $144.00 $9,216.00 $68.00 $4,352.00 $50.00 $3,200.00 29 Earthwork - fill CY 5 $55.00 $275.00 $1,150.00 $5,750.00 $47.50 $237.50 $118.75 $593.75 $305.50 $1,527.50 $220.00 $1,100.00 $5.00 $25.00 $1,800.00 $9,000.00 $580.00 $2,900.00 $140.00 $700.00 30 Hauloff excess soils CY 59 $25.00 $1,475.00 $485.00 $28,615.00 $91.45 $5,395.55 $275.00 $16,225.00 $137.42 $8,107.78 $220.00 $12,980.00 $2.00 $118.00 $153.00 $9,027.00 $114.00 $6,726.00 $132.00 $7,788.00 31 Drainage swale grading SF 652 $4.50 $2,934.00 $13.50 $8,802.00 $5.96 $3,885.92 $50.00 $32,600.00 $6.76 $4,407.52 $20.00 $13,040.00 $2.00 $1,304.00 $7.20 $4,694.40 $6.70 $4,368.40 $10.00 $6,520.00 32 Fiber roll 8" min. erosion limit line LF 474 $7.00 $3,318.00 $15.50 $7,347.00 $7.67 $3,635.58 $25.00 $11,850.00 $15.62 $7,403.88 $15.00 $7,110.00 $14.00 $6,636.00 $18.00 $8,532.00 $5.00 $2,370.00 $9.50 $4,503.00 33 Protect inlet with sand gravel bags - 2 bags
high, 18" long 12" wide
LF 39 $10.00 $390.00 $95.00 $3,705.00 $25.57 $997.23 $50.00 $1,950.00 $26.36 $1,028.04 $30.00 $1,170.00 $9.00 $351.00 $81.00 $3,159.00 $11.00 $429.00 $15.00 $585.00 34 Temp shoring and underming of adjacent
soil and structure
SF 170 $50.00 $8,500.00 $152.00 $25,840.00 $17.00 $2,890.00 $100.00 $17,000.00 $53.91 $9,164.70 $30.00 $5,100.00 $44.00 $7,480.00 $144.00 $24,480.00 $27.00 $4,590.00 $9.00 $1,530.00 35 Stabilize decomposed granite - 12" sub
grade, 4" decomposed granite
SF 2211 $4.00 $8,844.00 $4.50 $9,949.50 $16.20 $35,818.20 $5.00 $11,055.00 $4.70 $10,391.70 $6.00 $13,266.00 $103.35 $228,506.85 $7.20 $15,919.20 $4.80 $10,612.80 $4.60 $10,170.60 36 Unstabilize decomposed granite - 12" sub
grade, 4" decomposed granite
SF 205 $3.50 $717.50 $8.50 $1,742.50 $16.20 $3,321.00 $10.00 $2,050.00 $9.40 $1,927.00 $6.00 $1,230.00 $12.00 $2,460.00 $14.40 $2,952.00 $9.60 $1,968.00 $14.75 $3,023.75 37 Concrete sidewalk, incl. joints SF 1858 $20.00 $37,160.00 $15.00 $27,870.00 $9.37 $17,409.46 $12.50 $23,225.00 $22.01 $40,894.58 $15.00 $27,870.00 $9.00 $16,722.00 $18.00 $33,444.00 $12.00 $22,296.00 $11.00 $20,438.00 38 Asphalt concrete pavement SF 25 $18.00 $450.00 $240.00 $6,000.00 $50.00 $1,250.00 $93.75 $2,343.75 $96.35 $2,408.75 $80.00 $2,000.00 $5.00 $125.00 $135.00 $3,375.00 $90.00 $2,250.00 $50.00 $1,250.00 39 Concrete repair/replacement (near
powerpole)
SF 120 $25.00 $3,000.00 $62.00 $7,440.00 $6.18 $741.60 $12.50 $1,500.00 $26.44 $3,172.80 $40.00 $4,800.00 $22.00 $2,640.00 $18.00 $2,160.00 $12.00 $1,440.00 $15.00 $1,800.00 40 Landscape curb, 6" LF 384 $26.00 $9,984.00 $27.00 $10,368.00 $20.46 $7,856.64 $35.00 $13,440.00 $56.30 $21,619.20 $30.00 $11,520.00 $18.00 $6,912.00 $50.40 $19,353.60 $33.60 $12,902.40 $46.00 $17,664.00 41 Irrigation sub meter EA 1 $600.00 $600.00 $2,100.00 $2,100.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $2,350.00 $2,350.00 $2,200.00 $2,200.00 $200.00 $200.00 $3,600.00 $3,600.00 $2,400.00 $2,400.00 $2,994.56 $2,994.56 42 Irrigation controller EA 1 $1,500.00 $1,500.00 $5,250.00 $5,250.00 $5,000.00 $5,000.00 $6,250.00 $6,250.00 $5,875.00 $5,875.00 $5,500.00 $5,500.00 $176.00 $176.00 $9,000.00 $9,000.00 $6,000.00 $6,000.00 $8,751.78 $8,751.78 43 Irrigation backflow prevention assembly EA 1 $6,000.00 $6,000.00 $10,500.00 $10,500.00 $10,000.00 $10,000.00 $12,500.00 $12,500.00 $11,750.00 $11,750.00 $11,000.00 $11,000.00 $350.00 $350.00 $18,000.00 $18,000.00 $12,000.00 $12,000.00 $12,226.83 $12,226.83 44 Domestic backflow prevention assembly EA 1 $6,000.00 $6,000.00 $13,125.00 $13,125.00 $12,500.00 $12,500.00 $15,625.00 $15,625.00 $1,175.00 $1,175.00 $13,500.00 $13,500.00 $352.00 $352.00 $22,500.00 $22,500.00 $15,000.00 $15,000.00 $13,595.48 $13,595.48 45 Master valve EA 1 $2,500.00 $2,500.00 $1,050.00 $1,050.00 $1,000.00 $1,000.00 $1,250.00 $1,250.00 $1,175.00 $1,175.00 $1,100.00 $1,100.00 $176.00 $176.00 $1,800.00 $1,800.00 $1,200.00 $1,200.00 $3,362.45 $3,362.45 46 Manifold ball valve EA 3 $500.00 $1,500.00 $336.00 $1,008.00 $424.00 $1,272.00 $400.00 $1,200.00 $376.00 $1,128.00 $350.00 $1,050.00 $22.00 $66.00 $576.00 $1,728.00 $384.00 $1,152.00 $1,937.20 $5,811.60 47 Mainline isolation ball valve EA 4 $500.00 $2,000.00 $472.00 $1,888.00 $623.13 $2,492.52 $562.00 $2,248.00 $528.75 $2,115.00 $490.00 $1,960.00 $44.00 $176.00 $810.00 $3,240.00 $540.00 $2,160.00 $1,645.01 $6,580.04 48 Electric remote control valve EA 2 $500.00 $1,000.00 $525.00 $1,050.00 $500.00 $1,000.00 $625.00 $1,250.00 $587.50 $1,175.00 $550.00 $1,100.00 $44.00 $88.00 $900.00 $1,800.00 $900.00 $1,800.00 $1,595.18 $3,190.36 49 Drip remote valve EA 4 $500.00 $2,000.00 $546.00 $2,184.00 $520.00 $2,080.00 $650.00 $2,600.00 $611.00 $2,444.00 $570.00 $2,280.00 $44.00 $176.00 $936.00 $3,744.00 $624.00 $2,496.00 $1,067.97 $4,271.88 50 Flush valve EA 7 $100.00 $700.00 $74.00 $518.00 $110.93 $776.51 $87.50 $612.50 $82.25 $575.75 $77.00 $539.00 $18.00 $126.00 $126.00 $882.00 $72.00 $504.00 $187.08 $1,309.56 51 Air vacuum relief valve EA 6 $40.00 $240.00 $74.00 $444.00 $114.30 $685.80 $87.50 $525.00 $82.25 $493.50 $77.00 $462.00 $18.00 $108.00 $126.00 $756.00 $84.00 $504.00 $215.25 $1,291.50 52 Drip operation indicator EA 6 $12.00 $72.00 $32.00 $192.00 $80.00 $480.00 $37.50 $225.00 $35.25 $211.50 $33.00 $198.00 $14.00 $84.00 $54.00 $324.00 $36.00 $216.00 $115.94 $695.64 53 Tree bubbler system EA 11 $180.00 $1,980.00 $84.00 $924.00 $80.00 $880.00 $100.00 $1,100.00 $94.00 $1,034.00 $88.00 $968.00 $31.00 $341.00 $144.00 $1,584.00 $96.00 $1,056.00 $456.80 $5,024.80 54 Quick coupling valve EA 2 $45.00 $90.00 $336.00 $672.00 $320.00 $640.00 $400.00 $800.00 $376.00 $752.00 $350.00 $700.00 $22.00 $44.00 $576.00 $1,152.00 $198.00 $396.00 $907.71 $1,815.42 55 Drip to PVC line transition fittings EA 11 $16.00 $176.00 $31.50 $346.50 $31.88 $350.68 $37.50 $412.50 $35.25 $387.75 $33.00 $363.00 $5.00 $55.00 $54.00 $594.00 $36.00 $396.00 $118.01 $1,298.11 56 Irrigation main line, 1-1/2" LF 157 $25.00 $3,925.00 $17.00 $2,669.00 $58.00 $9,106.00 $20.00 $3,140.00 $18.80 $2,951.60 $18.00 $2,826.00 $2.00 $314.00 $28.80 $4,521.60 $19.20 $3,014.40 $110.55 $17,356.35 57 Irrigation main line, 2" LF 30 $30.00 $900.00 $17.00 $510.00 $81.40 $2,442.00 $20.00 $600.00 $18.80 $564.00 $17.00 $510.00 $3.00 $90.00 $28.80 $864.00 $19.20 $576.00 $504.46 $15,133.80 58 Irrigation lateral line LF 294 $8.50 $2,499.00 $6.50 $1,911.00 $40.82 $12,001.08 $7.50 $2,205.00 $7.05 $2,072.70 $6.50 $1,911.00 $1.00 $294.00 $10.80 $3,175.20 $7.20 $2,116.80 $23.90 $7,026.60 59 Copper piping, 1" UG LF 139 $50.00 $6,950.00 $32.00 $4,448.00 $34.10 $4,739.90 $37.50 $5,212.50 $88.51 $12,302.89 $33.00 $4,587.00 $7.00 $973.00 $54.00 $7,506.00 $36.00 $5,004.00 $47.38 $6,585.82 60 Irrigation wire LF 350 $25.00 $8,750.00 $1.50 $525.00 $2.06 $721.00 $1.88 $658.00 $1.76 $616.00 $1.60 $560.00 $1.00 $350.00 $2.70 $945.00 $1.80 $630.00 $8.92 $3,122.00 61 Irrigation wire conduit LF 150 $30.00 $4,500.00 $6.50 $975.00 $8.18 $1,227.00 $7.50 $1,125.00 $7.05 $1,057.50 $6.50 $975.00 $1.00 $150.00 $10.80 $1,620.00 $7.20 $1,080.00 $15.21 $2,281.50 62 Pipe Sleeve LF 187 $75.00 $14,025.00 $21.00 $3,927.00 $30.68 $5,737.16 $25.00 $4,675.00 $23.50 $4,394.50 $22.00 $4,114.00 $1.00 $187.00 $36.00 $6,732.00 $24.00 $4,488.00 $9.65 $1,804.55 63 Subsurface drip irrigation area SF 3828 $2.64 $10,105.92 $2.50 $9,570.00 $5.45 $20,862.60 $2.94 $11,254.32 $2.76 $10,565.28 $3.00 $11,484.00 $2.00 $7,656.00 $4.23 $16,192.44 $2.83 $10,833.24 $2.24 $8,574.72 64 Soil preparation for planting SF 5440 $1.50 $8,160.00 $0.85 $4,624.00 $4.84 $26,329.60 $1.00 $5,440.00 $0.94 $5,113.60 $0.90 $4,896.00 $1.00 $5,440.00 $1.44 $7,833.60 $0.96 $5,222.40 $1.97 $10,716.80 65 3" minimum layer of bark mulch in planting
areas
SF 5440 $2.50 $13,600.00 $1.00 $5,440.00 $4.66 $25,350.40 $1.25 $6,800.00 $1.18 $6,419.20 $1.00 $5,440.00 $44.00 $239,360.00 $1.80 $9,792.00 $1.20 $6,528.00 $1.52 $8,268.80 66 Trees, CHI TAS, Pink dawn chitalpa tree,
24" box
EA 2 $900.00 $1,800.00 $820.00 $1,640.00 $780.00 $1,560.00 $975.00 $1,950.00 $916.50 $1,833.00 $858.00 $1,716.00 $220.00 $440.00 $1,404.00 $2,808.00 $936.00 $1,872.00 $575.00 $1,150.00 67 Shrub, AGA ATT, foxtail agave 15 gal EA 9 $200.00 $1,800.00 $95.00 $855.00 $90.00 $810.00 $112.50 $1,012.50 $105.75 $951.75 $99.00 $891.00 $9.00 $81.00 $162.00 $1,458.00 $108.00 $972.00 $125.00 $1,125.00 68 Shrub, ALO STR, Coral aloe 1 gal EA 58 $30.00 $1,740.00 $12.00 $696.00 $55.09 $3,195.22 $13.75 $797.50 $12.93 $749.94 $12.00 $696.00 $18.00 $1,044.00 $19.80 $1,148.40 $13.20 $765.60 $18.75 $1,087.50 69 Shrub, ERI FAS, Warriner lytle buckwheat
1 gal
EA 78 $30.00 $2,340.00 $12.00 $936.00 $120.00 $9,360.00 $13.75 $1,072.50 $12.93 $1,008.54 $12.00 $936.00 $18.00 $1,404.00 $19.80 $1,544.40 $13.20 $1,029.60 $13.80 $1,076.40 70 Shrub, MUH CAP, Pink cloud pink muhly
grass 1 gal
EA 97 $30.00 $2,910.00 $10.00 $970.00 $80.00 $7,760.00 $12.50 $1,212.50 $11.75 $1,139.75 $11.00 $1,067.00 $18.00 $1,746.00 $18.00 $1,746.00 $12.00 $1,164.00 $18.75 $1,818.75 71 Ground covers, CAR WST, Berkeley sedge
1 gal
EA 56 $30.00 $1,680.00 $10.00 $560.00 $29.66 $1,660.96 $12.50 $700.00 $11.75 $658.00 $11.00 $616.00 $9.00 $504.00 $18.00 $1,008.00 $12.00 $672.00 $16.25 $910.00 72 Ground covers, JUN ELK, Spreading rush
1 gal
EA 42 $30.00 $1,260.00 $11.00 $462.00 $45.00 $1,890.00 $13.75 $577.50 $12.93 $543.06 $12.00 $504.00 $9.00 $378.00 $19.80 $831.60 $13.20 $554.40 $18.25 $766.50 73 Miscellaneous landscape scope incl. 90-
day maintenance, plant material
unloading/handling, and preparation
EA 5440
$1.50 $8,160.00 $1.60 $8,704.00 $8.50 $46,240.00 $1.88 $10,227.20 $1.76 $9,574.40 $1.65 $8,976.00 $1.00 $5,440.00 $2.70 $14,688.00 $1.80 $9,792.00 $1.20 $6,528.00 74 Gravel filled trench and filter fabric at
drainage swale
SF 652 $2.25 $1,467.00 $15.00 $9,780.00 $15.00 $9,780.00 $4.50 $2,934.00 $4.23 $2,757.96 $20.00 $13,040.00 $14.00 $9,128.00 $6.48 $4,224.96 $4.70 $3,064.40 $10.00 $6,520.00 75 Stone cobble SF 704 $6.00 $4,224.00 $4.00 $2,816.00 $7.24 $5,096.96 $4.69 $3,301.76 $4.41 $3,104.64 $15.00 $10,560.00 $2.00 $1,408.00 $6.75 $4,752.00 $4.90 $3,449.60 $9.00 $6,336.00 76 6" HDPE pipe end section EA 1 $3,000.00 $3,000.00 $4,086.00 $4,086.00 $57.38 $57.38 $3,750.00 $3,750.00 $2,467.50 $2,467.50 $1,000.00 $1,000.00 $27.00 $27.00 $630.00 $630.00 $1,100.00 $1,100.00 $700.00 $700.00 77 Storm drain line - 4" perforated pipe at
Swale
LF 165 $90.00 $14,850.00 $45.50 $7,507.50 $49.10 $8,101.50 $6.25 $1,031.25 $5.88 $970.20 $40.00 $6,600.00 $2.00 $330.00 $9.00 $1,485.00 $17.00 $2,805.00 $40.00 $6,600.00 78 Drain line from drinking fountain, drain pipe LF 40 $90.00 $3,600.00 $322.00 $12,880.00 $28.65 $1,146.00 $50.00 $2,000.00 $61.69 $2,467.60 $40.00 $1,600.00 $27.00 $1,080.00 $216.00 $8,640.00 $72.00 $2,880.00 $60.00 $2,400.00 79 Storm drain line - 4" pipe at sidewalk LF 30 $90.00 $2,700.00 $422.00 $12,660.00 $49.10 $1,473.00 $150.00 $4,500.00 $43.08 $1,292.40 $60.00 $1,800.00 $3.00 $90.00 $324.00 $9,720.00 $10.00 $300.00 $31.00 $930.00 80 Panelboard - 120/240v, 1 PH, 100A incl.
meter
EA 1 $6,000.00 $6,000.00 $8,500.00 $8,500.00 $4,462.50 $4,462.50 $7,500.00 $7,500.00 $11,618.40 $11,618.40 $10,000.00 $10,000.00 $440.00 $440.00 $1,080.00 $1,080.00 $4,732.00 $4,732.00 $5,500.00 $5,500.00 81 Pole mounted LED light, 16' H - 170W,
single head, incl. footing
EA 2 $6,500.00 $13,000.00 $4,250.00 $8,500.00 $2,677.50 $5,355.00 $15,000.00 $30,000.00 $9,864.13 $19,728.26 $12,000.00 $24,000.00 $1,500.00 $3,000.00 $4,140.00 $8,280.00 $1,500.00 $3,000.00 $5,500.00 $11,000.00 82 24" x 30" x depth underground pullbox EA 2 $1,500.00 $3,000.00 $5,250.00 $10,500.00 $255.00 $510.00 $2,250.00 $4,500.00 $7,784.38 $15,568.76 $500.00 $1,000.00 $440.00 $880.00 $198.00 $396.00 $2,538.00 $5,076.00 $1,800.00 $3,600.00 83 J-box EA 2 $3,500.00 $7,000.00 $1,500.00 $3,000.00 $114.75 $229.50 $1,125.00 $2,250.00 $2,115.00 $4,230.00 $500.00 $1,000.00 $88.00 $176.00 $126.00 $252.00 $2,171.00 $4,342.00 $1,000.00 $2,000.00 84 UG Feeders - 3/4" Conduit w/ 2 #12 & 1
#12 wire incl. trench and backfill
LF 93 $70.00 $6,510.00 $43.00 $3,999.00 $6.82 $634.26 $75.00 $6,975.00 $67.78 $6,303.54 $70.00 $6,510.00 $5.00 $465.00 $324.00 $30,132.00 $47.00 $4,371.00 $40.00 $3,720.00 85 UG Feeders - 3/4" Conduit w/ 2 #8 & 1 #10
wire incl. trench and backfill
LF 96 $60.00 $5,760.00 $26.00 $2,496.00 $10.10 $969.60 $112.50 $10,800.00 $71.21 $6,836.16 $80.00 $7,680.00 $12.50 $1,200.00 $342.00 $32,832.00 $49.00 $4,704.00 $60.00 $5,760.00 86 UG Feeders - 1-1/2" Conduit w/ 3 #1/0 & 1
#6 GND wire incl. trench and backfill
LF 294 $95.00 $27,930.00 $45.00 $13,230.00 $38.58 $11,342.52 $175.00 $51,450.00 $72.67 $21,364.98 $100.00 $29,400.00 $13.00 $3,822.00 $381.60 $112,190.40 $62.00 $18,228.00 $110.00 $32,340.00 87 UG Feeders - 1" Conduit w/ 2 #4 & 1 #8
GND wire incl. trench and backfilL
LF 38 $85.00 $3,230.00 $132.00 $5,016.00 $19.35 $735.30 $150.00 $5,700.00 $115.83 $4,401.54 $100.00 $3,800.00 $11.21 $425.98 $414.00 $15,732.00 $51.00 $1,938.00 $85.00 $3,230.00 $623,953.67 GRAND TOTAL
= $850,674.05

GRAND TOTAL
= $675,201.35

GRAND TOTAL
= $1,239,236.31

GRAND TOTAL
= $874,670.31

GRAND TOTAL
= $778,133.00

GRAND TOTAL
= $798,879.53

GRAND TOTAL
= $1,378,891.02

GRAND TOTAL
= $763,975.69

GRAND TOTAL
= $957,055.30
C.S. Legacy Construction Inc Deark E&C inc Estate Design and Construction Inc MBC Enterprises Inc Metrocell Voltaire EngineeringRio Hondo AIP Estimate

GENERAL
GRAND TOTAL =
Aguilar & Calderon Corportation Al's Engineering Inc Axom Group Attachment A

ITEM # 12

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Ramon Figueroa, Director of Human Resources

SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4218 WITH

NEOGOV FOR HUMAN RESOURCES INFORMATION SOFTWARE

SERVICES

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize the City Manager to execute a four (4) year Professional Services Agreement (No. 4218) with NEOGOV for Human Resources Information Software Services for a total not-to-exceed amount of $224,682 over the four (4) year term; and

2. Authorize the City Manager to execute Professional Services Agreement No. 4218; and

3. Approve an exception to procurement of the professional services through Montebello Municipal Code Section 3.21.025(B) - Conformance with Bidding Procedures; and,

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

FISCAL IMPACT:

The professional services agreement with NEOGOV would have a four (4) year term, expiring on June 30, 2028. The total (four-year) not-to-exceed amount would be $224,682, with the following Fiscal Year breakdown:

Fiscal
Year
Amount
2024-25 $28,228

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

2025-26 $59,545
2026-27 $66,300
2027-28 $70,609
Total $224,682

Funds for the agreement are budgeted in the Human Resources Department's operating budget, Account No. 100-25-250-6010.40 (General Fund, Human Resources, Administration, Other Contract Services) for FY 2024-25. Future Fiscal Year funding will be included in the proposed budgets presented for City Council consideration.

Staff is recommending approval of Professional Services Agreement No. 4218 (Attachment A) by utilizing Montebello Municipal Code Section 3.21.025(B) - Conformance with Bidding Procedures: "when the professional/special services needed can be obtained from one source only." NEOGOV offers a unique suite of services that the City has been utilizing for the past seven years, allowing for Human Resources staff to post job openings, screen applicants, schedule interviews and other related hiring tasks. Furthermore, Human Resources staff have recently expanded the use of NEOGOV to employee performance evaluations, onboarding, benefits management and other essential services.

BACKGROUND/DISCUSSION:

The Human Resources Department has been utilizing NEOGOV services for the last seven (7) years to support the City’s recruitment and Human Resources management needs. NEOGOV is a leading provider of human resources software solutions for the public sector, helping organizations streamline their hiring processes and manage employee data effectively.

The prior agreement with NEOGOV expired on August 31, 2024. The new agreement with NEOGOV would ensure continuity in the City’s Human Resources operations, provide access to new features and improvements, and lock in annual rates. The proposed agreement with NEOGOV includes the following key components and enhancements:

1. Enhanced Recruitment Module:
• Streamlined job posting and application processes.
• Improved candidate tracking and communication tools.
• Advanced reporting and analytics capabilities.

2. Onboarding Solution:
• Automated new hire paperwork and workflows.
• Digital onboarding checklists and task assignments.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

• Integration with existing Human Resources systems for seamless data transfer.

3. Performance Management:
• Tools for setting and tracking employee goals and objectives. • Performance review templates and automated reminders. • Analytics for identifying top performers and areas for improvement.

4. Learning Management System:
• Online training and development courses.
• Tracking of employee certifications and training progress. • Customizable training programs to meet specific departmental needs.

5. Employee Self-Service Portal:
• Employees can update personal information, view pay stubs, and manage benefits.
• Improved communication between Human Resources and employees through a centralized platform.

The proposed NEOGOV professional services agreement (Attachment A) would provide the City with continued access to a comprehensive and efficient Human Resources management solution, helping to improve the City’s recruitment processes, streamline Human Resources operations, and enhance employee experience. Approval of the agreement will ensure that the City continues to attract and retain top talent while managing Human Resources functions effectively.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends approval of Professional Services Agreement No 4218 (Attachment A) between the City of Montebello and NEOGOV. Approval of the agreement would provide the City with ongoing access to the tools and resources offered by NEOGOV through June 30, 2028, while locking in competitive pricing with a four year not-to-exceed

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

amount of $224,682.

ATTACHMENT(S)

1. Attachment A - Agreement No. 4218 - NEOGOV

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4218
WITH GOVERNMENTJOBS, INC. dba NEOGOV

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on August 23, 20 24 (“Effective Date”) , by and between the CITY OF MONTEBELLO, a California municipal corporation ( the “CITY”) and GOVERNMENTJOBS, INC. dba NEOGOV, (the “CONTRACTOR”). 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 contractor to assist CITY by providing software equipped with human resources recruitment functions; and

WHEREAS, the CONTRACTOR represents that it is fully qualified to preform such services by virtue of its experience and the training, education and expertise of its principles and employees; and

WHEREAS, the CO NTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to preform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and

WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 -1092 of the California Government Code, in the subject matter of this Agreement

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. CONTRACTOR’S Scope of Services and Associated Cost
Proposal dated August 23, 2024, attached hereto as Exhibit “A” c. 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 A

A. The CONTRACTOR shall provide to the CITY those services that are set forth fully in CONTRACTOR’s “Scope of Services and Associated Cost Proposal” attached hereto as Exhibit “A” and incorporated fully herein by this reference (the “Professional Services”).

B. The CONTRACTOR shall complete the Scope of Services in a timely manner, and in accordance with an agreed -upon work schedule to be determined by the parties.

C. The CONSULTANT shall be compensated at a sum not -to- exceed Two Hundred Twenty -Four Thousand , Six Hundred
Eighty-One And Fifty-Four Cents ($392,320.02) over the three- year ( 3-year) term (the Maximum Compensation”) for the performance of the Scope of Services as set forth in Exhibit “A”.

The CONTRACTOR shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Maximum
Compensation without prior written consent of the CITY.

D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of invoice must be received by the CONTRACTOR within thirty (30) days of the date of such invoice.

E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. The CITY shall pay undisputed amounts as provided for in the preceding paragraph.

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, 2030, 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 CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

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

c. The CONTRACTOR shall be knowledgeable of a nd su bject to a ll CITY ordinances, rules and regulations, standard operating procedures, and the

supervisory chain of command.

d. The CONTRACTOR shall have the right to retain, subject to t h e CITY's approval, a dditional individuals, contractors or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, contractors or subcontractors shall be the sole and exclusive responsibility of the CONTRACTOR.

e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure p ursuant 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 CONTRACTOR hereby agrees that all work product produced pursuant to this Agreement and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY.

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

SECTION 6. EXTRA SERVICES.

No e xtra ser vices over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement u nless such extra services first shall have been duly authorized in writing by the CITY’S City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to ob taining the CONTRACTOR’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.

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.

Termination:. T he 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 CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the COTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had

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

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONTRACTOR or SUB CONTRACTOR 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 CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the CONTRACTOR.

SECTION 11. INDEPENDENT CONTRACTOR.

a. The CONTRACTOR 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 a gents shall h ave control o ver the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay sa lary, wages, or other compensation to the CONTRACTOR for p erformance h ereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the 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 p artnership, joint venture, emp loyment relationship or any other relationship except as set forth in this Agreement.

c. The CITY shall not deduct from the Compensation paid to t he 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 n ot be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR 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 CONTRACTOR. If this Agreement remains in place, the CONTRACTOR 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 CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims or is d etermined by a court of competent jurisdiction or CalPERS to be e ligible for enrollment in CalPERS as an employee of the CITY, t he CONTRACTOR 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 CONTRACTOR or its emp loyees, 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 co ntrary, the CONTRACTOR and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby a gree to waive any c laims to, a ny 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 t h e CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONTRACTOR shall at a ll times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local g overnments 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 14. INDEMNIFICATION.

The CONTRACTOR agrees to, and shall d efend, indemnify, protect a nd hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any a nd 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 CONTRACTOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.

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

Commercial General Liability (CGL): Insurance Services Office Form CG

00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed o perations, personal injury, and 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 a uto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

Professional Liability insurance appropriate to the CONTRACTOR’s profession, with limit no less than $2,000,000 per occurrence and $4,000,000 aggregate.

b. 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.

c. The CONTRACTOR shall require each of its subcontractors, 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 sh all not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non- payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may e ither (i) immediately terminate this Agreement for Cause ; or (ii) take out the n ecessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.

f. Evidence of Insurance prior to commencement . The Contractor shall provide to the C ITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be 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 CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to the commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

i. The CONTRACTOR shall provide proof that p olicies 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 co ntain an endorsement providing that the policies cannot be canceled or reduced e xcept on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory 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 CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, emp loyees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONTRACTOR 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 CONTRACTOR shall e ither reduce or eliminate the d eductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

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

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

Any propos ed subcontract, delegation, or assignment shall pro vide a description of the services to be co vered, 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 su bcontract, delegation or assignment shall be made in the name of the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations und er this Agreement including, but n ot limited to, the duty to properly supervise and coordinate the work of employees,

assignees, d elegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR 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 p rovision(s) of this Agreement shall, to the e xtent 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 b ecause 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 d isbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

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

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

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

SECTION 21. MISCELLANEOUS.

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

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

c. In case any one or more of the provisions contained in this Agreement shall for any reason 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 af ter the deposit thereof in the United States mail, postage prepa id, registered or certified, addressed as h ereinafter pro vided. 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 Contractor: Governmentjobs, Inc. dba NEOGOV.

Alex Chun, CFO
2122 Park Pl, Suite 100
El Segundo, CA 90245
(888)636-4681

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 CONTRACTOR shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national or igin, ancestry, age, physical or mental h andicap, mental co ndition or sexual orientation. The CONTRACTOR will take affirmative action to e nsure 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 CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONTRACTOR under this Agreement, or which would conflict in any manner with the p erformance of its services h ereunder. The CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONTRACTOR shall a void the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

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

SECTION 25. ENTIRE AGREEMENT.

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

SECTION 26. EXTENSION TO OTHER PUBLIC AGENCIES

Unless otherwise specified in writing, the CONTRACTOR 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 CONTRACTOR. All requirements of the specifications, purchase orders, invoices, and payments with other agencies shall be directly with the CONTRACTOR. CONTRACTOR acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the CONTRACTOR with the governmental agency. This provision in no way guaranteed that the CONTRACTOR will agree to enter into a contract with a governmental agency pursuant to this Section.

[SIGNATURE PAGE TO FOLLOW]

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

(“CITY”)

CITY OF MONTEBELLO

Raul Alvarez, City Manager

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Contractor’s Scope of Services and Associated Cost

NEOGOV ORDER FORM
NEOGOV:

GovernmentJobs.com, INC. (dba “NEOGOV”)
2120 Park Place, Suite 100
El Segundo, CA 90245
[email protected]
Customer Name & Address:

Montebello, City of (CA)
1600 W. Beverly Blvd
Montebello, CA 90640
Quote Creation Date: 08/23/2024 Contact
Name:

Amanda Jaramillo
Quote Expiration Date: 30 days from Quote Creation Contact Email: [email protected] Payment T erms Annual. Net 30 from NEOGOV invoice. FTE:

Subscription Start Date: 09/15/2024
Subscription T erm (months): 46
Fee Summary
Service Description Term Term Fees
Onboard Subscription (ON) 09/15/2024 - 09/14/2025 $12,156.34 New Hire Integration 09/15/2024 - 09/14/2025 $1,842.50
Perform Subscription (PE) 11/17/2024 - 06/30/2025 $14,228.82 2024 - 2025 Total: $28,227.66
Insight Enterprise Subscription (IN) 06/27/2025 - 06/30/2025 $176.78 Insight Enterprise Subscription (IN) 07/01/2025 - 06/30/2026 $17,179.94 GovernmentJobs.com Subscription (GJC) 06/27/2025 - 06/30/2025 $29.31 GovernmentJobs.com Subscription (GJC) 07/01/2025 - 06/30/2026 $2,848.72 Employee Import 07/01/2025 - 06/30/2026 $3,752.02
Perform Subscription (PE) 07/01/2025 - 06/30/2026 $24,473.88 Onboard Subscription (ON) 09/15/2025 - 06/30/2026 $9,625.16 New Hire Integration 09/15/2025 - 06/30/2026 $1,458.86
2025 - 2026 Total: $59,544.67
Insight Enterprise Subscription (IN) 07/01/2026 - 06/30/2027 $18,296.64 GovernmentJobs.com Subscription (GJC) 07/01/2026 - 06/30/2027 $3,033.88 Employee Import 07/01/2026 - 06/30/2027 $3,995.90
Onboard Subscription (ON) 07/01/2026 - 06/30/2027 $12,946.50 New Hire Integration 07/01/2026 - 06/30/2027 $1,962.26
Perform Subscription (PE) 07/01/2026 - 06/30/2027 $26,064.68 2026 - 2027 Total: $66,299.86
Insight Enterprise Subscription (IN) 07/01/2027 - 06/30/2028 $19,485.92 GovernmentJobs.com Subscription (GJC) 07/01/2027 - 06/30/2028 $3,231.08 Employee Import 07/01/2027 - 06/30/2028 $4,255.63
Onboard Subscription (ON) 07/01/2027 - 06/30/2028 $13,788.02 New Hire Integration 07/01/2027 - 06/30/2028 $2,089.81
Perform Subscription (PE) 07/01/2027 - 06/30/2028 $27,758.89 2027 - 2028 Total: $70,609.35
Total: $224,681.54
1 EXHIBIT A

A. TermsandConditions1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upontheacceptancebyCustomer of the terms of the NEOGOVServicesAgreement either affixedheretoor theversionmost recentlypublishedpriorto execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, allcapitalized terms used but not defined in this Order Formshall have the meanings given to themin theNEOGOVServicesAgreement.2. Effectiveness & Modification. The Effective Date shall betheSubscriptionStart Date. ThisOrder Formmaynot bemodifiedor amendedexcept throughawritteninstrument signedbytheparties.3. Summary of Fees. Listedaboveisasummaryof Feesunder thisOrder. Onceplaced, your order shall benon-cancelableandthesumspaidnonrefundable, except asprovidedintheAgreement.4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the ServicesAgreement, applicableSchedules, andServiceSpecifications.B. Special Conditions(if any).INWITNESSWHEREOF, thisOrder hasbeenexecutedbysuchparty’sdulyauthorizedsignatoryasof thedateset forthbelow, andsuchdulyauthorizedsignatoryconsentstotheAgreement.

Customer Governmentjobs.com, Inc. (DBA“NEOGOV”)EntityName:

Signature:

Print Name:

Date:
2

ITEM # 13

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance

SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 25-02

FOR CITYWIDE GRANT WRITING SERVICES

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve issuing a Request for Proposal (RFP No. 25-02) to solicit proposals from qualified firms for citywide grant writing and management services; and,

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

FISCAL IMPACT:

At this time, there is no fiscal impact associated with issuing this Request for Proposal (RFP No. 25-02). Once proposals are submitted and evaluated, staff will return with a recommendationto to award an agreement to provide such services and a well-defined budget for consideration at a future City Council meeting.

BACKGROUND/DISCUSSION:

Over the last several fiscal years, the City has been successful in numerous grant awards across departments – Fire, Public Works, Parks and Recreation, etc – amounting to several millions of dollars made available for various programs, equipment and services. The Fire Department currently utilizes a firm for their grant award and management needs (i.e., Blais & Associates). The professional services agreement with that firm is specific to Fire’s needs and budget, and was recently extended through June 30, 2026..

As staff in other departments look to find grant funding opportunities, it has become

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

necessary to engage with an additional firm (or firms) to provide citywide grant writing and management services. Fire will continue with its successful grant writing relationship with Blais and Associates while additional resources are added to assist other departments in seeking grant funding for their specific needs.

The following is a tentative schedule for the RFP process:

Release of RFP Thursday, September 26, 2024
Deadline for Questions Tuesday, October 15, 2024 at 11 am PDT Proposal Due Date Monday, October 28, 2024 at 11 am PDT City Review of Submissions Mid-November, 2024
City Council Recommendation of Award January 2025

The RFP shall describe the services requested and provide the tasks required from the qualified firms to submit a proposal. Once proposals are submitted, reviewed and scored, staff will return to the City Council with a recommendation to award.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council authorize issuing RFP No. 25-02 to solicit proposals for citywide grant writing services. Upon City Council approval, staff will proceed with the recommended actions.

ATTACHMENT(S)

1. Attachment A - RFP No. 25-02 - Citywide Grant Writing Services

1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 25 – 02
Citywide Grant Writing Services
Release Date: Thursday, September 26, 2024
Questions Due: Tuesday, October 15, 2024, at 11 a.m. PDT Due Date: Monday, October 28, 2024, at 11 a.m. PDT

ATTACHMENT A

2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]

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

DATE OF SOLICITATION
September 26, 2024

PROJECT
Citywide Grant Writing Services As-Needed

PROPOSAL OWNER
City of Montebello – Department of Finance
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Michael Solorza, Director of Finance
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Department of Finance
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Michael Solorza, Director of Finance
Contact Phone: (323) 887- 1200
Contact E-Mail: [email protected]

Any questions about this RFP should be submitted via the City's PlanetBids Portal by Tuesday, October 15, 2024, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:

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

4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work 6

6.0 Vendor Qualifications 8

7.0 Proposal Submittal 8

8.0 Evaluation of Proposal 9

9.0 Proposal Protests 9

10.0 Execution of Agreement 11

11.0 Insurance 11

12.0 Use of Federal Funds 13

13.0 Non-Commitment of City 14

14.0 Labor Requirements 14

15.0 Records 14

16.0 Subcontractors 15

17.0 Modifications/Changes 15

18.0 Disclosure of Information 15

19.0 Ex-Parte Communications 15

20.0 City of Montebello Rights 15

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

5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from qualified vendors to provide grant writing and grant administration services following the specifications, terms, and conditions identified in this RFP. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:

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

Prospective vendors must register with PlanetBids before being able to view or submit a response.

Questions must be submitted by Tuesday, October 15, 2024, at 11:00 a.m. PST.

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

Proposals must be submitted via PlanetBids by Monday, October 28, 2024, at 11:00 a.m. PST.

Responses will be evaluated to determine the vendor that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described. The City reserves the right to accept or reject any and all proposals.

6 2.0 Introduction
The City of Montebello invites prospective vendors to submit a proposal to provide grant writing and grant administration services. The goal is to have the consultant aid in research and identifying potential grant opportunities for the City.

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

3.0 Timeline
• Release RFP Thursday, September 26, 2024
• Online Q&A Deadline Tuesday, October 15, 2024,11 a.m. PDT • Deadline to Submit Responses Monday, October 28, 2024, at 11 a.m. PDT • City Review of Submissions Early/Mid-November 2024
• Notifications Sent to Vendors Early/Mid-December2024 • Award January 2025

4.0 Purpose
The purpose of this solicitation is to identify a qualified vendor to assist the City with identifying potential grant opportunities and completing the research required to apply for grants.

It is the city’s intention to apply for grants that can provide supplementary funding for projects and services. By doing so, there will be an alleviation to utilizing additional budgetary resources. By aiding the city in procuring various grant opportunities, additional projects can move forward to serve the community.

The City is seeking to establish an agreement with a minimum term of three (3) years with up to two (2), year extension options for a total of up to five (5) years . This requirement may change during the process of finalizing the agreement with the selected vendor. The city may opt to award multiple vendors for grant writing services.

5.0 Scope of Work/Services
The City of Montebello is requesting proposals from qualified vendors capable of providing general grant writing services associated with the completion and submission

7 of grant applications, and assisting with , completing, and submitting any necessary follow-up reports required for the reporting and evaluation phase of awarded grants .

Grant management services, such as technical, administrative, tracking, training support, and other related services.

The selected Grant Writing Services provider will provide prompt professional grant writing and management services, on an "on -call", as needed, basis for all assigned projects providing the following:

• Developing overall grant outline; working with appropriate Department staff and team to determine writing assignments, including providing an estimate of how much City staff time will be needed at the beginning of each project;
• Providing the Department project manager with a list of stakeholders that will need to be contacted and any relevant information required; • Taking the lead in scheduling meetings, bringing together stakeholders, and obtaining relevant information from multiple stakeholders; • Ensuring that all required components of the proposal are included in the submission, ensuring adherence to grant evaluation criteria; • Providing budget guidance and justifications in alignment with City policies and personnel guidelines and in conformance with grant solicitation requirements;
• Editing draft proposals for consistency of messaging, ensuring integration of grant requirements and succinctness prior to Department final review and submittal to the funder;
• Organizing facts, data, statistics, and narratives collected and written as part of assigned projects and making those items available to the Department for future use;
• Regularly providing the Department with a grants forecast and timely suggestions of which grants to pursue based on the priorities of the Fire Chief and other City needs, interests, and capacity; and

8 • Providing grant administration and reporting services to assist with, complete, and submit any required reporting or evaluation period so staff does not fall behind with these mandates.
• Maintain records of all the documentation submitted to any outside agency for reimbursement, budget modifications and justifications. • Assist in preparing monthly, quarterly, bi-annual and annual reports. • Responding to any requests for audit information by any source and assisting with preparing a response to any audit of the costs associated with the Department’s grant projects.

6.0 Vendor Qualifications
The selected vendor must have the following minimum qualifications:

A. Experience working with safety departments such as Police and Fire.

B. Demonstrate a proven record of success rate in grant funding awards

C. Specialty in health, mental health, community outreach and prevention, emergency management, fire services, and other topics related to public safety grants is preferred.

Background Check
Vendor representatives working on-site and in some remote capacities, will be required to undergo a background check conducted by the City.

7.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may result in the proposal being considered “non-responsive” and rejected.

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

9 8.0 Evaluation Criteria
The City will establish an evaluation committee to review and rat e each proposal. The proposal evaluation process will be conducted using a multi -step method which will include the following steps:

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

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:

i. Qualifications as they relate to this project - 65%
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills

ii. Reputation for integrity and competence – 15%
a. Positive Reference Checks
b. Work Samples

iii. Proposed fees for services – 20%

The City reserves the right to request and obtain, from one or more vendors, supplementary information as may be necessary for the City to analyze the proposal pursuant to selection criteria. Upon completion of the evaluation phase, the City may select those vendors for interviews whose proposals and qualifications most closely conform to the requirements of this RFP and provide the best value to the City.

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

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

10 A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:

Mail:

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

or

E-mail:
[email protected]

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

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

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

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

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

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

11 After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.

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

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

Should the successful Vendor decline to execute the agreement, the City can either reject all proposals , accept one of the other proposals, or issue a new solicitation. City reserves the right to award any, all, or a portion of the Scope of Services to one or more qualified proposers.

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

A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise -operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.

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

B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8

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

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

C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $2,000,000 per occurrence or claim, $ 4,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

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

Required Insurance Documentation

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

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

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

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

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

13 Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non -contributing basis with any insurance or self - insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.

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

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

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

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

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

• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited

14 • All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history
• Any other st ate or federal regulations that may be applicable under the corresponding grant program

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

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

14.0 Labor Requirements

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

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

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

D. Conduct: No person(s) shall be employed for this work that is found to be

15 incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.

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

16.0 Subcontractors
The vendor shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Vendor and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

17.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement’s requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the Vendor. These changes will be processed by the City Manager.

18.0 Disclosure of Information
A. The Vendor agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Vendor shall be used exclusively in connection with the performance of services.

B. The Vendor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Vendor hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.

19.0 Ex-Parte Communications
Vendor and vendor representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This

16 requirement also includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.

This restriction does not prohibit vendors and their representatives from submitting questions regarding this RFP pursuant to the directions provided herein, or making oral statements or presentations to City representatives during a scheduled public meeting.

20.0 City of Montebello Rights
At its discretion, the City reserves the right to:

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

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

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;

C. Accept all or any part of a proposal;

D. Cancel the entire RFP;

E. Issue subsequent RFPs; or

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

Please review:

Appendix A – Proposal Content and Format

Appendix B – Sample Professional Services Agreement

Appendix C – References

ITEM # 14

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Joseph Palombi, Director of Planning & Community Development

SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 25-05

FOR ON-CALL BUILDING PLAN CHECK, BUILDING INSPECTION AND

PLANNING CONSULTING SERVICES

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize issuing Request for Proposals (RFP) No. 25-05 for on-call building plan check, building inspections and planning consulting services; and

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

FISCAL IMPACT:

Issuing this RFP will not have any fiscal impact. At this point, the exact cost of service is unknown. Once the selection process is complete, staff will return to City Council requesting approval of a professional services agreement pursuant to the Montebello Municipal Code Chapter 3.20 et seq.

BACKGROUND/DISCUSSION:

The City of Montebello currently contracts with Transtech Engineers Inc., to provide on- call Building and Safety Services pursuant to Master Retainer Agreement No. 3921 (the “Agreement”). The Agreement is scheduled to expire on October 18, 2024. The Agreement was originally processed and approved under the Public Works Department along with engineering services under a bench system. On August 1, 2023, the Building and Safety Division was transferred from Public Works to the Planning and Community Development, resulting in the bifurcation of services originally approved under the management of the Public Works Department.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

Subsequent to the approval of the Agreement, the Community Development Department has experienced a significant increase in requests for administrative permits associated with construction activities citywide, resulting in increased demand from the Building and Safety Division, many of which require plan check review. These plan checks often result in corrections, prompting numerous questions from developers and residents. However, without dedicated on-call support services available to address these requests and inquiries, the permitting process would be significantly impacted.

Additionally, the City only has one in-house building inspector, which can be challenging when construction activity fluctuates requiring additional staffing hours causing a strain on existing resources. Currently, the deputy building official (contractor) is on-site twice a week, from 9:00 AM to 12:00 PM, which creates challenges to meet the growing demand for services in a timely and efficient manner in an effort to provide the best customer service.

In response to these challenges, the City is issuing this RFP No. 25-05 to seek a qualified consultant who can provide essential services, as noted in the RFP (Attachment A), on an on-call basis. The goal is to properly procure a new contract to provide the highest level of services to residents, stakeholders, and all those doing business in the City of Montebello while staying competitive with the market.

ENVIRONMENTAL:

Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) Section 15061(b)(3), the project is considered covered by the commonsense exemption. The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The solicitation of proposals pursuant to the Montebello Municipal Code for building plan check, building inspection, and planning consultant services does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Actions proposed in the RFP process is not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

ANALYSIS:

The selected consultant must have experience providing similar services to municipalities within the last five (5) years and must have no outstanding or pending complaints with the Better Business Bureau or the State of California Department of Consumer Affairs.

Strong communication skills and the ability to engage with various stakeholders are also critical. The consultant must demonstrate the administrative and fiscal capability to provide and manage the services and be skilled at identifying issues that may require City Council’s attention.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

This RFP will help ensure that the City can continue to meet the increasing demand for building inspections, plan checks, and other planning-related services while maintaining high standards of service, compliance, and efficiency.

SUMMARY:

Staff recommends the City Council authorize the issuance of RFP No. 25-05 for On-Call Building Plan Check, Building Inspection, and Planning Consulting Services.

ATTACHMENT(S)

1. Attachment A_RFP 25-05 On Call Building Plan Check, Building Inspection, and Planning Services

1 CITY OF MONTEBELLO
Request for Proposals

RFP No. 25 – 05

On-Call Building Plan Check, Building Inspection,
and Planning Consulting Services

Release Date: Thursday, September 26, 2024

Questions Due: Tuesday, October 15, 2024, at 11 a.m. PDT

Due Date: Monday, October 28, 2024, at 11 a.m. PDT

2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]

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

DATE OF SOLICITATION
September 26, 2024

PROJECT
On-call Building Plan Check, Building Inspection, and Planning Consulting Services

PROPOSAL OWNER
City of Montebello – Department of Planning/Community Development 1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Joseph A. Palombi, Director of Planning/Community Development Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Department of Planning/Community Development 1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Joseph A. Palombi, Director of Planning/Community Development Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

Any questions about this RFP should be submitted via the City's PlanetBids Portal by Tuesday, October 15, 2024, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:

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

4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work 6

6.0 Vendor Qualifications 8

7.0 Proposal Submittal 8

8.0 Evaluation of Proposal 9

9.0 Proposal Protests 9

10.0 Execution of Agreement 11

11.0 Insurance 11

12.0 Use of Federal Funds 13

13.0 Non-Commitment of City 14

14.0 Labor Requirements 14

15.0 Records 14

16.0 Subcontractors 15

17.0 Modifications/Changes 15

18.0 Disclosure of Information 15

19.0 Ex-Parte Communications 15

20.0 City of Montebello Rights 15

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

5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from qualified vendors to provide building plan check, building inspection, and planning services following the specifications, terms, and conditions identified in this RFP . Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:

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

Prospective vendors must register with PlanetBids before being able to view or submit a response.

Questions must be submitted by Tuesday, October 15, 2024, at 11:00 a.m. PST.

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

Proposals must be submitted via PlanetBids by Monday, October 28, 2024, at 11:00 a.m. PST.

Responses will be evaluated to determine the vendor that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described. The City reserves the right to accept or reject any and all proposals.

6 2.0 Introduction
The City of Montebello invites prospective vendors to submit a proposal to provide professional building plan check, building inspection, and planning consulting services. The selected firm will provide Building Plan Checks under the direction of the department of Planning/Community Development.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full -service City that provides a long list of services, employing approximately 6 00 full-time and part-time employees in public safety, transit, and non-safety functions.

3.0 Timeline
• Release RFP Thursday, September 26, 2024
• Online Q&A Deadline Tuesday, October 15, 2024,11 a.m. PDT • Deadline to Submit Responses Monday, October 28, 2024, at 11 a.m. PDT • City Review of Submissions Early November 2024
• Notifications Sent to Vendors Early November 2024
• Award November 2024

4.0 Purpose
The purpose of this solicitation is to identify a qualified vendor to assist the C ity with the knowledge and expertise in all aspects of the services requested in this RFP. On -call professional consulting services, with respect to specific disciplines, will serve great purpose to address needs with short-notices.

The benefits of having an on-call contract in place include:
• Technical expertise
• Accelerated procurement and authorization
• Independent and objective assessments
• Consolidates competition and procurement process
• Consultants that bring specialized expertise
• Consultants that are familiar or can quickly become familiar with Montebello’s needs and value

7 The City is seeking to establish an agreement with a minimum term of three (3) years with up to two (2), year extension options for a total of up to five (5) years . This requirement may change during the process of finalizing the agreement with the selected vendor. The city may opt to award multiple vendors for grant writing services.

5.0 Scope of Work/Services
The City of Montebello is requesting proposals from qualified vendors capable of providing building plan check, building inspection planning services, and staff augmentation to the City.

The City is seeking a qualified consultant to provide building official, permit technician, plan check, inspection, and planning and zoning services to support the Planning and Community Development Department. The work consists of multiple disciplines and proposing consultants must list similar services to those requested in this RFP provided to other municipalities with the last five (5) years. Consultants should have no outstanding or pending complaints as determined through the Better Business Bureau, State of California Department of Consumer Affairs. Consultants should have excellent interpersonal communication skills and the ability to interact with various people during a project, as well as have the administrative and fiscal capability to provide and manage the proposed services. Consultants must also be well versed in identifying problems or issues that may warrant City Council’s attention and represent the City in the most professional and knowledgeable manner as an expert in the subject field and champion the purpose and direction of the City of Montebello.

Building and Safety
In general, the selected consultant will be expected to provide on-call staff for inspection, permit tech counter staffing, and plan check services to support the Building and Safety Division, including but not limited to the following:

• Provide building department support staff to include on-site building official, building inspector(s), permit technician(s), and plans examiners/engineers on an on-call basis.

• The consultant shall have on staff a: California Licensed Structural Engineer(s), California Certified Access specialists (CASp), as well as, ICC certified building inspectors and plans examiners. All staff utilized by the Consultant shall be appropriately licensed, registered, and certified as required by the State of California and the City to perform

8 each of the specific scopes of work.

• Review all plans and supporting documents submitted for projects for which a building permit is requested.

• Prepare reports specifying corrections, if needed, and transmit to applicant.

• Ability to review projects and provide comments within timelines specified by the City.

• Process plan revisions and verify that corrections have been satisfactorily made in a timely manner.

• Answer public inquiries by telephone, mail, email, virtual meeting, conference call or in person at a public counter regarding plan reviews, application submittal requirements, etc.

• Facilitation of special projects, including but not limited to drafting municipal/zoning code amendments, utilizing tools for data analysis and scenario planning, and providing architectural review.

• Consultant shall review all plan check applications for accuracy and make all necessary revisions to such items as description, square footage, type of construction, and use. All plan review correction materials including marked-up plans, documents, and plan check correction lists shall be provided in the City desired format to the City representative immediately upon completion of the plan review at no extra charge to the City. This process includes the delivery of a hard copy of the reviewed plan and correction list.

• The City encourages electronic plan submittal. Consultant shall provide plan review and scope of work services through an established electronic review system, provide access and training to City staff as needed, in accordance with City policies and practices.

All ePlan records of corrections, approvals, and comments shall be

9 entered in the City's system in a manner that is in accordance with customer service standards and policies.

• All fees waived for City projects. Any services described above, or not mentioned, for City -sponsored projects shall not be subject to fees imposed by the selected consultant.

Planning Division

• Providing Planning staffing, including Planning Counter Technicians, Planners, to be present at City Hall and hold office hours as determined by the City.

• Analyze projects for compliance with the City’s General Plan, zoning ordinance, applicable specific plans, and other policies.

• Review and process ministerial applications and discretionary entitlements, such as plan checks; conditional use permits; site plan review; variances; tentative maps; sign permits; text amendments; General Plan and Zoning amendments for residential, commercial, mixed-use, and industrial projects; and the like.

• Prepare reports specifying corrections to plan checks, if needed, and transmit to applicant.

• Prepare reports and feasibility studies as needed.

• Attend public hearings and community meetings as necessary.

• Analyze projects for compliance with the California Environmental Quality Act (“CEQA”) and the National Environmental Policy Act (“NEPA”) as needed.

• Ability to review projects and provide comments with timeliness specified by the City.

10 • Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, and give oral presentations.

• Facilitation of special projects, including but not limited to drafting zoning code amendments, utilizing tools for data analysis, planning, and providing architectural review for proposed projects.

6.0 Vendor Qualifications
The selected vendor must have the following minimum qualifications:

A. Must obtain knowledge of all disciplines listed in this RFP

B. No pending complaints through the Better Business Bureau, State of California Department of Consumer Affairs

C. Proposing consultant must provide a list of similar services, as requested in this RFP

Background Check
Vendor representatives working on-site and in some remote capacities, will be required to undergo a background check conducted by the City.

7.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.

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

11 8.0 Evaluation Criteria
The City will establish an evaluation committee to review and rat e each proposal. The proposal evaluation process will be conducted using a multi -step method which will include the following steps:

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

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:

i. Qualifications as they relate to this project - 65% a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills

ii. Reputation for integrity and competence – 15%
a. Positive Reference Checks
b. Work Samples

iii. Proposed fees for services – 20%

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

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

A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:

12 Mail:

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

or

E-mail:
[email protected]

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

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

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

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

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

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

After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.

Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after

13 the proposal opening date. The City will grant the protesting Vendor a fair review and shall have up to ten (10) working days to review the protest and render its decision.

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

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

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

A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise- operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.

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

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

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

C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors

14 and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $2,000,000 per occurrence or claim, $ 4,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

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

Required Insurance Documentation

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

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

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

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

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

Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non- contributing basis with any insurance or self - insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.

Waiver and Modifications of Insurance Requirements

15 To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.

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

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

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

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

• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by

16 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history

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

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

14.0 Labor Requirements

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

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

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

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

15.0 Records
The vendor agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Vendor to audit any performance aspect under this agreement.

17 16.0 Subcontractors
The vendor shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Vendor and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

17.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement’s requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the Vendor. These changes will be processed by the City Manager.

18.0 Disclosure of Information
A. The Vendor agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Vendor shall be used exclusively in connection with the performance of services.

B. The Vendor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Vendor hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.

19.0 Ex-Parte Communications
Vendor and vendor representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This requirement also includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.

This restriction does not prohibit vendors and their representatives from making oral statements or presentations to City representatives during a scheduled public meeting.

20.0 City of Montebello Rights
At its discretion, the City reserves the right to:

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

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

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;

C. Accept all or any part of a proposal;

D. Cancel the entire RFP;

E. Issue subsequent RFPs; or

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

Please review:

Appendix A – Proposal Content and Format

Appendix B – Sample Professional Services Agreement

Appendix C – References

ITEM # 15

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: David Sosnowski, Director of Recreation and Community Services

SUBJECT: APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 3826 WITH IBE DIGITAL FOR 24/7 IT HELP DESK SERVICES AND AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT NO. 3882 WITH IBE DIGITAL FOR PUBLIC SAFETY

INFORMATION TECHNOLOGY STAFF AUGMENTATION SERVICES

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 1 to Professional Services Agreement No. 3826 with IBE Digital for 24/7 IT Help Desk Services extending the term of services and amending the compensation related to the extension in the amount of $201,536; and

2. Approve Amendment No. 1 to Professional Services Agreement No. 3882 with IBE Digital for Public Safety Information Technology Staff Augmentation Services extending the term of services and amending the compensation related to the extension in the amount of $205,899; and

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

FISCAL IMPACT:

Agreement 3826 – 24/7 IT Help Desk Services
Agreement 3826 expires in September of 2024. It is recommended that the term of the agreement be extended through September 2025 to allow continuity of services without disruption. The monthly cost for these services will remain at the current rate of $16,795 and the appropriate funding is available for these services in the adopted Fiscal Year 2024-25 Budget.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

Given the scope of the service, the total cost for the period of the amendment from October 2024 through September 2025 will be Two Hundred One Thousand, Five Hundred Thirty-Six Dollars ($201,536), which will be split between the General Fund (100-21-420-6040.10, $151,152) and the Transit Fund (600-90-900-6040.10, $50,385 for the remainder of the fiscal year based on the most recent (2021) cost allocation plan.

Agreement 3882 – Public Safety Staff Augmentation
Agreement 3882 expires in May of 2025. It is recommended that the term of the agreement be extended through September 2025 to allow continuity of services without disruption. The original agreement carried a not-to-exceed total contract amount of $777,275. If the amendment is approved, funds will be added to the total contract amount to cover the extended length of the agreement through September 2025 as well as cover extra services requested by the Police Department in 2021 and 2022, which included extra personnel provided by IBE for several months.

The rate for these services will remain at the average current rate of $17,158/month or $98.99/hr for the remainder of the agreement, specifically for the period of October 1, 2024, through September 30, 2025, to Two Hundred Five Thousand, Eight-Hundred Ninety-Nine Dollars ($205,899). The FY 2024-25 budget has been developed so that sufficient funding for these services is already included. These costs will be charged to the Information Technology Division’s budget, Account No. 100-21-420-6040.10, Outside Contracts.

BACKGROUND/DISCUSSION:

Agreement 3826 – 24/7 IT Help Desk Services
In September 2020, the City Council approved agreement 3826 between the City and IBE for an initial term of 4 years for 24/7 Help Desk services. The agreement was established utilizing a pre-bid Sourcewell agreement. The Citywide 24/7 Remote Helpdesk agreement includes the following services from IBE to the City:

• 24/7 access to technicians and engineers offering assistance in solving technical issues with end user systems
• Management and deployment of solutions that help avoid problems that would otherwise interfere with day-to-day operations
• End user problems are addressed and the systems are monitored to ensure a response to emerging issues

Under this agreement's scope of work, IBE responds and escalates all reactive support according to the support response processes and performs reactive services in accordance with its problem prioritization, management and escalation processes. A Service Ticket in IBE’s system is used to track and document each service level incident. In cooperation with the City's Information Technology Division (DoIT) staff, services are rendered according to priority levels. Due to IBE’s ability to work on services remotely, internal DoIT staff are able to focus on proactive measures and services directly related to on-premise hardware.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

Employees may request support by phone or e-mail. The following is a list of service delivery procedures by source of employee request:

• Phone: Will be used to report high impact incidents. Incidents reported by phone are addressed immediately.
• E-mail: Will be used to report medium and low impact incidents that do not require immediate attention. Incidents submitted through e-mail are assigned to an engineer within one business day.

The 24/7 Remote Support Center target time to answer new calls is within two (2) minutes. All Remote Support Centers are located in the United States and provide the City access to over 400 Engineers for support. All IT services are provided in an effort to increase efficiency in day to-day operations.

Agreement 3882 – Public Safety Staff Augmentation
In April 2021, the City Council approved Agreement 3882 with IBE for Public Safety Staff Augmentation services. The City was able to utilize existing Sourcewell Contract No. 083116-KON with Konica Minolta Business Services to establish the agreement. The current agreement is a four (4) year agreement, that began May 1, 2021.

Agreement 3882 was originally presented due to a lack of staffing in the Information Technology Division specifically to support the Police Department and its technology needs. This included support for emergency response systems such as CAD/RMS, LACRIS, Live Scan, AT&T 911 system, and mobile dispatch terminals.

Under this agreement, IBE provides the City with information technology assistance via on-site desktop support with a Level 2 engineer located in the Police Department for 40 hours per week, Monday through Friday, from 8 a.m. to 5 p.m. Level 2 engineers have troubleshooting capabilities to include computer performance and remediation and have access to advanced diagnostic tools and data analysis to gain problem resolution.

Additionally, Level 2 engineers provided by IBE are able to remedy a line of business applications and day-to-day issues resulting from accessibility deficiencies. Furthermore, the Level 2 engineers are able to troubleshoot CAD/RMS mobile dispatch terminals and other emergency response systems.

ENVIRONMENTAL:

N/A

ANALYSIS:

In September 2020, the City Council approved Agreement 3826 with IBE Digital (IBE) for an initial term of 4 years for 24/7 Help Desk services. In April 2021, the City Council approved Agreement 3882 with IBE for Public Safety Staff Augmentation services. The agreements were established utilizing a pre-bid Sourcewell agreement.

The City of Montebello established membership with Sourcewell, formerly known as the

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

National Joint Powers Alliance (NJPA). Sourcewell contracts leverage national volume pricing and provide members with a streamlined contracting process, allowing the City to forgo lengthy and tedious bidding processes. Membership entitles the City to access previously competitively bid national contracts that include language regarding competitive bidding and prevailing wage, thus allowing the City to piggyback on a contract awarded by Sourcewell.

The City was able to utilize existing Sourcewell Contract No. 030321-KON with Konica Minolta Business Services and will be using the updated version of that same contract for the proposed amendments. The pricing included in the original agreements and the currently proposed amendments is based upon the Sourcewell contract pricing and, as a result, enables cost savings for the proposed services. The contracts were made in compliance with Montebello Municipal Code, Section 3.20.125 (Piggybacking purchase agreements).

SUMMARY:

Staff recommends City Council authorize the City Manager to execute the attached Amendments to Professional Services Agreements Nos. 3826 and 3882 with IBE Digital to continue providing Citywide 24/7 Remote Help Desk Support and Public Safety Staff Augmentation Services until September 2025, and to increase the not to exceed amounts for reach agreement to provide sufficient funding for the term extension. The Fiscal Year 2024-25 budget includes sufficient funding for these services; therefore, no budget amendment is needed. .

ATTACHMENT(S)

1. Attachment A - Amendment No. 1 to Agreement No. 3826 - IBE Digital

2. Attachment B - Amendment No. 1 to Agreement No. 3882 - IBE Digital

3. Attachment C - Agreement No. 3826 - IBE Digital

4. Attachment D - Agreement No. 3882 - IBE Digital

CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3826

WITH IBE DIGITAL
This Amendment No. 1 to the Professional Services Agreement No. 3 826 (“Amendment No. 1”), is made and entered into this 25th day of September 2024, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (the “City”) and IBE Digital (the “Contractor”). The City and the Contractor are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Contractor and the City entered into that certain Agreement for Information Technology (IT) services in the City of Montebello dated September 9, 2020, No. 3826 ("Agreement); and
WHEREAS, the Parties, being mutually satisfied with each other’s performance of the Agreement, desire to amend the Agreement to extend the term with a new expiration date of September 30, 2025, and increase the not -to-exceed amount of the Agreement related to the term extension; and
WHEREAS, for the reasons set forth herein, the City and Contractor 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. Section 2 (“Term”) of the Agreement is amended to read as follows:
“2. Term.

The term of this Agreement shall commence on October 1, 2024 and shall continue in full force and effect through and including September 30, 2025, unless extended or sooner terminated as herein.”
SECTION 2 . Paragraph “C” of Section 1 (“Services/Compensation”) of the Agreement is amended to read as follows:
“1.C. CONTRACTOR shall be compensated for the performance contemplated in the Amendment No. 1, specifically for the period of October 1, 2024, through September 30, 2025, an amount not-to-exceed Two Hundred One Thousand, Five-Hundred Thirty-Six Dollars and 16/100 Cents ($201,536.16)..”

ATTACHMENT A

AMENDMENT NO. 1 TO AGREEMENT NO. 3826

SECTION 3. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement, shall remain unaltered and in full force and effect.

In the event of conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.

[End of Amendment No. 1]

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

(“CITY”) (“CONTRACTOR”)

CITY OF MONTEBELLO IBE DIGITAL

Raul Alvarez, City Manager Ron Varing, President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City
Attorney

Attachments:
• Exhibit 1: Revised Schedule of Compensation

CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3882

WITH IBE DIGITAL
This Amendment No. 1 to the Professional Services Agreement No. 3 882 (“Amendment No. 1”), is made and entered into this 25th day of September 2024, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (the “City”) and IBE Digital (the “Contractor”). The City and the Contractor are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS
WHEREAS, the Contractor and the City entered into that certain Agreement for Information Technology (IT) support and related services in the City of Montebello dated April 14, 2021, No. 3882 ("Agreement); and
WHEREAS, the Parties, being mutually satisfied with each other’s performance of the Agreement, desire to amend the Agreement to extend the term with a new expiration date of September 30, 2025, and increase the not -to-exceed amount of the Agreement related to the term extension; and
WHEREAS, for the reasons set forth herein, the City and Contractor 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. Section 2 (“Term”) of the Agreement is amended to read as follows:
“2. Term.

The term of this Agreement shall commence on October 1, 2024 and shall continue in full force and effect through and including September 30, 2025, unless extended or sooner terminated as herein.”
SECTION 2 . Paragraph “C” of Section 1 (“Services/Compensation”) of the Agreement is amended to read as follows:
“1.C. CONTRACTOR shall be compensated for the performance contemplated in the Amendment No. 1, specifically for the period of October 1, 2024, through September 30, 2025, an amount not -to-exceed Two Hundred Five Thousand, Eight Hundred Ninety -Nine Dollars and 20/100 Cents ($205,899.20).”

ATTACHMENT B

AMENDMENT NO. 1 TO AGREEMENT NO. 3882

SECTION 3. Except as expressly modified or supp lemented by this Amendment No. 1 , all other provisions of the Agreement, shall remain unaltered and in full force and effect.

In the event of conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.

[End of Amendment No. 1]

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

(“CITY”) (“CONTRACTOR”)

CITY OF MONTEBELLO IBE DIGITAL

Raul Alvarez, City Manager Ron Varing, President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City
Attorney

Attachments:
• Exhibit 1: Revised Schedule of Compensation

CITY OF MONTEBELLO
2024 IBE 0
Schedule of Services
24/7
Help Desk Fee Schedule:

Service Computers Users Locations Monthly
Investment
Annual
Investment
24/7 Help Desk &
Remote Support 369 300 10 $16,794.68 $201,536.16
Sourcewell Contract No. 030321-Kon
Additional Fee Details
• Additional Supported Locations: $41
• Monthly support fee for each additional computer: $42 • The support fee for additions may change if the supported environment changes significantly • Additional charges may apply for the recovery of devices from virus infections if Client fails to follow IBE Digital’s re
asonable security recommendations.

Level 2 Help Desk Engineer Fee Schedule:

Level 2
Hourly Rate
Level 2 Hourly
Rate outside biz
hours
Estimated
Weekly Biz Hours Estimated Annual
Biz Hours
Estimated Annual
Investment
$98.99 $148.48 40 2,080 $205,899.20
Sourcewell Contract No. 030321-Kon
Additional Fee Details:
• Standard business hours are 8 A.M. – 5 P.M.
• Services provided outside business hours will be billed at “outside biz hours” rate EXHIBIT 1

AGREEMENT NO. 3826

PROFESSIONAL SERVICES AGREEMENT

CITY OF MONTEBELLO PROFESSIONAL SERVICES

BY AND BETWEEN CITY OF MONTEBELLO
AND

IBE DIGITAL
THIS AGREEMENT (" AgreemenY') is made and entered into on September 9, 2020, by the CITY OF MONTEBELLO, a municipal corporation ( hereinafter referred to as " CITY") and IBE DIGITAL ( hereinafter referred to as CONSULTANT"). CITY and CONSULTANT are sometimes referred to herein individual as a "Party," and jointiy as the " Parties."

RECITALS
WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City to provide Information Technology ( IT) support and related services, as more fully described herein; and
WHEREAS, CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 — 1092 of the California Government Code, in the subject matter of this Agreement; and
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. CONSULTANT shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit " A" hereto and incorporated fully herein by this reference ( hereinafter " Professional Services").

B. CONSULTANT shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit " B" hereto and incorporated fully herein by this reference.

C. CONSULTANT shall be compensated a sum not- to- exceed ( the Maximum Compensation") 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"). CONSULTANT shall

ATTACHMENT C

Professional Services Agreement No. 3826

provide an itemized billing statement to CITY each month for Professional Services performed. CONSULTANT shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.

D. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONSULTANT within thirty ( 30) days of the date of such invoice.

E. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen ( 15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount( s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.

F. Failure of CITY to submit full payment of an invoice within thirty ( 30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONSULTANT' s discretion.

SECTION 2. TERM.

This Agreement shall commence upon the date the last of the Parties executes this Agreement herein below (" Effective Date"), and shall terminate on September 8, 2024, unless terminated sooner as provided in Section 7 herein.

The Parties agree that Sections 4( B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.

SECTION 3. PERFORMANCE.

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

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

D. CONSULTANT shall have the right to retain, subject to CITY' s written 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 CONSULTANT.
2

Professional Services Agreement No. 3826

E. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three ( 3) years, unless othenvise provided for in Exhibit " A." Upon CITY providing twenty- four ( 24) hours advanced prior notice, CONSULTANT shall make all records, invoices, time cards, cost control sheets and other records maintained by CONSULTANT in connection with this Agreement available during CONSULTANT' s regular working hours to CITY for review and audit by CITY.

F. All reports, documents or other written material developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONSULTANT. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY' s sole risk, unless CITY compensates CONSULTANT for such reuse.

SECTION 4. WORK PRODUCT.

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

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

C. Documents are provided in CONSULTANT' s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY' s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hoid CONSULTANT, its sub- contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONSULTANT be liable for any loss of use, profit or any other damage.
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Professional Services Agreement No. 3826

SECTION 5. EXTRA SERVICES.

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

SECTION 6. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work pertormed by CONSULTANT and shall be CITY's agent with respect to obtaining CONSULTANT' 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 CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONSULTANT, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONSULTANT. CONSULTANT and his sureties shail be liable to 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, CONSULTANT shali only be entitied to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written noticeto CONSULTANTat leastfive (5) businessdays beforethe termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONSULTANT the part of Compensation which would otherwise be payable to CONSULTANT for services 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 CITY, the Parties agree that CONSULTANT shall be reimbursed 4

Professional Services Agreement No. 3826

for any " non-refundable° costs that CONSULTANT has incurred for its services under this Agreement, provided that: ( 1) such " non- refundable" costs were incurred by CONSULTANT prior to the date of termination; ( 2) that CONSULTANT provides CITY with adequate proof that CONSULTANT incurred the costs, and is unable to be seek a refund for such costs; and ( 3) such costs were within the scope of work or services to be performed under this Agreement. Such " non- refundable" costs may include, but are not limited to, travel reservations incurred by CONSULTANT for its performance of services under this Agreement.

CONSULTANT 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 CITY shall be employed by CONSULTANT during the Term of this Agreement.

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

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

SECTION 10. INDEPENDENT CONTRACTOR.

A. CONSULTANT is and shall, at all times, remain as to CITY a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONSULTANT except as expressly set forth in this Agreement. CONSULTANT shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONSULTANT for performance hereunder for CITY. CITY shall not be liable for compensation to CONSULTANT, CONSULTANT' s employees or 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. CITY shall not deduct from the Compensation paid to CONSULTANT any sums required for Social Security, withholdingtaxes, FICA, state disability insuranceor any other federal, state or local tax or chargewhich mayor may not be in effector hereinafterenactedor requiredas a chargeor withholdingon the compensationpaid to CONSULTANT. CITY shall have no responsibilityto provide CONSULTANT, its employees or subcontractors with workers' compensation 5

Professional Services Agreement No. 3826

insurance or any other insurance.

SECTION 11. PERS ELIGIBILITY INDEMNITY.

A. In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement claims or is determined by a couR of competent jurisdiction or the California Public Employees Retirement System ( PERS) to be eligibie for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of 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 CITY.

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONSULTANT 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 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.

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

SECTION 13. INDEMNIFICATION.

CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, 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 Iiabilityof any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposedupon them for injuriesor deaths of persons, or damage to property arising out of CONSULTANT'S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.
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Professional Services Agreement No. 3826

SECTION 14. INSURANCE COVERAGE.

During the Term of this Agreement, CONSULTANT shall carry, maintain, and keep in full force and effect all of the following minimum scope of 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): Broad- form, Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily injury and property damage, including premise- operations, products- completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($ 2, 000, 000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

Business Automobile Liability Insurance: For owned vehicles, hired, and non- owned vehicles, 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 One Million Dollars and Zero Cents ($ 1,000,000.00) per accident for bodily injury and property damage.

Workers 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 One Million Dollars and Zero Cents ($ 1, 000, 000. 00) per accident for bodily injury or disease. CONSULTANT agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONSULTANT for CITY and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.

By executing this Agreement, CONSULTANT further certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self- insurance before commencing any of the work contemplated herein.

Professional Errors and Omissions ( E&O) Liability insurance appropriate to the CONSULTANT' s profession, with limit no less than Two Million Dollars and Zero Cents ($ 2, 000, 000. 00) per occurrence or claim, Two Million Dollars and Zero Cents ($ 2, 000, 000. 00) aggregate. Architects' and engineers' 7

Professional Services Agreement No. 3826

coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retroactivity date shali be prior to the start of work set forth herein, CONSULTANT shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five ( 5) years after completion of work hereunder. If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONSULTANT shall purchase " extended reporting" coverage for a minimum of five ( 5) years after completion of the work.

If CONSULTANT maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

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, with a current rating of at least A:VII in the latest edition of BesYs Insurance Guide, and approved by CITY.

Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days' ( or ten [ 10] calendar days' for non- payment) prior written notice. CONSULTANT 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 CONSULTANT' S expense, the premium thereon.

At all times during the Term of this Agreement, CONSULTANT 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 CITY, its officers, agents, employees and volunteers as an additional insured. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY' s Risk Manager such certificate( s).

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

The general liability and automobile policies of insurance required by this Agreement shali contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds.

All of the policies required under this Agreement shall contain an endorsement providingthat the policies cannot be canceledor reduced except on thirty (30) days' prior written notice to CITY. CONSULTANT agrees to require its insurer to modifythe certificatesof insuranceto deleteany exculpatorywordingstatingthat8

Professional Services Agreement No. 3826

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.

Except for professional liability and workers' compensation policies, the policies herein are primary and non-contributing with any insurance that may be carried by CITY. Any insurance or self- insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONSULTANT' s insurance and shall not contribute with it.

All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT' s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss.

CONSULTANT hereby waives all rights of subrogation against CITY. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.

Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.

Coverage applies separately. CONSULTANT' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.

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

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

CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONSULTANTto comply with this section.

CITY reserves the right to modify these requirements, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances.

SECTION 15. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

CONSULTANT shall not subcontract, delegate or assign its duties or rights hereunder, eitherin whole or in part, withoutthe prior written consentof CITY. Any 9

Professional Services Agreement No. 3826

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 CONSULTANT and shall not bind or purport to bind CITY and shall not release 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- contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONSULTANT 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. The venue for any litigation shall be County of Los Angeles, California and the governing laws shall those of the State of 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 any litigation or 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.

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, 10

Professional Services Agreement No. 3826

representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 20. MISCELLANEOUS.

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

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

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

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

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

F. Each of the parties acknowledges that it has been represented by independentcounsel 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. 11

Professional Services Agreement No. 3826

G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

SECTION 21. NOTICE.

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

CITY CONSULTANT
Rene Bobadilla Ron Varing,
City Manager President
City of Montebello IBE Digital
1600 West Beverly Boulevard 11266 Monarch St. Suite B
Montebello, California 90640 Garden Grove, California 92841 SECTION 22. NON- DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.

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

CONSULTANT 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.

EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
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Professional Services Agreement No. 3826

B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an " Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex orage.

C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.

D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.

SECTION 23. CONFLICT OF INTEREST.

CONSULTANT and its officers, employees, associates and subconsultants, if any, shall comply with all California conflict of interest statutes applicable to ConsultanYs Services under this Agreement, including, but not lirriited to, the Political Reform Act ( Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONSULTANT further 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 CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the pertormance of its services pursuant to this Agreement.

CONSULTANT 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 CITY as a result of the recommendations made by CONSULTANT.

CONSULTANT' s covenant under this section shall survive the termination of this Agreement.
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Professional Services Agreement No. 3826

SECTION 24. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between CITY and 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.

CITY OF MONTEBELLO CONSULTANT
Rene Bobadilla Ron V ng
City Manager President
Dated: Dated:

Y.
4 ATTEST: a
r3'
a ..
f.

Irma Bara as
City Clerk

APPROVED AS TO FORM
Ar old M. Alvarez- Glasman
City Attorney
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Professional Services Agreement No. 3826

Exhibit " A"
Scope of Services
The IBE Digital team will manage computers based on a comprehensive support plan.

Proactive management of the systems helps to avoid problems that would otherwise interfere with day- to- day operations.

End user problems are addressed promptly, and the systems are monitored continuously to ensure rapid response to emerging issues.

IBE Digital manages escalations to ClienYs telecom service providers, hardware vendors, software vendors and application providers.

Upon request, IBE Digital will act as support- liaison for Client to initiate a support call to Line of Business or Application support provider and request support on behalf of Client and direct vendor support provider to work directly with Client to resolve issue.

Cisco Umbrella offnet.

End User Computers
Inventory of computer hardware, software and network devices.

Support for connectivity to servers, printers and the Internet.

Supported Workstation Operating Systems
o Automatic deployment of Microsoft patches as approved via lBE Digital's desktop patch policy.
o Management and updates of included virus and malware protection softwa re.
o Removal of temporary folders and files from detected hard drives.

Mobile Devices
Support corporate network connectivity and email synchronization for phones and tablets running Windows Mobile, Blackberry, iOS or Android operating systems.

Remote Offices and Workers
Provide support for remote office connectivity at the locations stated in ClienYs Schedule of Services. All network hardware, ( firewalls, routers, switches, wireless access points, etc.) must be protected with Network Device Management. Additional charges may be incurred for providingon- site services to remote locations and users.
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Professional Services Agreement No. 3826

Exhibit " A"
Scope of Services ( conYd)
File Directory and Print Services
Monitor data storage thresholds and establish user directories for file management.

Establish network printers and provide user access to these printers.

Nosted Email Filtering
Filtering of suspected spam and viruses.

Web portal for user review of filtered and quarantined items.

UserResources
Create, modify and delete as requested by Client: user accounts and passwords, file and printer shares, user rights, mailboxes, aliases, and distribution lists.

Transition Process
IBE Digital will provide transition support services upon ClienYs execution of this Schedule of Services, as ClienYs environment is documented, monitoring systems are deployed and Client specific support procedures are put in the place.

Presentation of IBE Digital support procedures including Client Portal training
Preparation of Guidebook
Agreement and expectations around escalation paths and processes.

Documenting support windows.

Establishing and programming of remote monitoring thresholds.

Email spam control and antivirus as required.
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Professional Services Agreement No. 3826

Exhibit " B"
Schedule of Performance
Service Level Objectives
IBE Digitalwiil use commerciallyreasonableefforts to maintainsatisfactoryuptime and availability for all supported devices and to respond and escalate all reactive support according to the support response processes identified below. System availability may be affected by reasons beyond IBE Digital's control including:

Defects and malfunctions of devices, operating systems or applications Client changes to devices, operating systems or applications Reprioritization of tasks by Client
Problems resulting from actions or inactions of Client contrary to IBE Digital' s reasonable recommendations
Loss of power or Internet connectivity.

Support Response Process
For each selected service, IBE Digital will perform reactive services in accordance with its problem prioritization, management and escalation processes. A Service Ticket in IBE Digital' s systems will be used to track and document each service level incident. Remote Support Center target time to answer new calls 24 hours a day is within 2 minutes.

Clients may request support by phone at (877) 837-2836 or e-mail at support( a) allcovered. com . The following is a list of service delivery procedures by source of their request:

Phone: Used to report high impact incidents. Incidents reported by phone are addressed immediately.

E- mail: Used to report medium and low impact incidents that do not require immediate attention. Incidents submitted through e- mail are assigned to an engineer within one business day.
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Professional Services Agreement No. 3826

Exhibit " B"
Schedule of Performance
Service Level Objectives
IBE Digital will use commercially reasonable efforts to maintain satisfactory uptime and availability for all supported devices and to respond and escalate all reactive support according to the support response processes identified below. System availability may be affected by reasons beyond IBE Digital' s control inciuding:

Defects and malfunctions of devices, operating systems or applications Client changes to devices, operating systems or applications Reprioritization of tasks by Client
Problems resulting from actions or inactions of Client contrary to IBE Digital' s reasonable recommendations
Loss of power or Internet connectivity.

Support Response Process
For each selected service, IBE Digital will perform reactive services in accordance with its problem prioritization, management and escalation processes. A Service Ticket in IBE Digital' s systems will be used to track and document each service level incident. Remote Support Center target time to answer new calls 24 hours a day is within 2 minutes.

Clients may request support by phone at ( 877) 837- 2836 or e- mail at support( a allcovered. com . The following is a list of service delivery procedures by source of their request:

Phone: Used to report high impact incidents. Incidents reported by phone are addressed immediately.

E- mail: Used to report medium and low impact incidents that do not require immediate attention. Incidents submitted through e- mail are assigned to an engineer within one business day.
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Professional Services Agreement No. 3826

Exhibit " C"
Schedule of Compensation
The following detail provides a breakdown of the services and fees for 24/ 7 help desk and remote support. The proposed service period is from August 12, 2020, through September 12, 2024.

MonthlyService Computers ; Users ; Locations Rate Total L
24/ 7 Help
Desk &
369 300 10 15, 826 798, 569Remote
Su ort
Pricing Provided via Sourcewell Contract No. 083116- Kon Additional Fee Defails
Additional Supported Locations: $ 41
Monthly support fee for each additional computer: $ 42
2% annual rate increase
The support fee for additions may change if the supported environment changes significantly
Additional charges may apply for the recovery of devices from virus infections if Client fails to follow IBE Digital's reasonable security recommendations.
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ATTACHMENT D

ITEM # 16

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: David Sosnowski, Director of Recreation and Community Services

SUBJECT: REJECT PROPOSALS RECEIVED FOR REQUEST FOR PROPOSALS (RFP) NO. 24-19 FOR INSTALLATION OF TWO LED SIGNS AND

AUTHORIZE STAFF TO PROCEED WITH ISSUING A NEW RFP

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Reject proposals received for Request for Proposals (RFP) No. 24-19 for Installation of Two (2) New LED Signs in accordance with City Municipal Code Section 3.20.080; and

2. Authorize staff to modify the project scope of work and RFP; and

3. Authorize staff to issue an updated RFP; and

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

FISCAL IMPACT:

At the October 11, 2023, City Council meeting, the City entered into a Development Agreement with Clear Channel Outdoor, LLC. As part of this agreement, a one-time signing bonus totaling $80,000 was established and paid to the City. These funds were intended to be allocated toward the revitalization of City-owned LED signs. Staff have identified two LED signs in most need of replacement - one located at City Park and the other located at the Montebello Civic Center. After the RFP is reissued and proposals are received, City staff will return to the City Council to request the necessary appropriations to complete the project if the cost for the LED sign projects exceeds the previously identified funding.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

BACKGROUND/DISCUSSION:

At the July 24, 2024 City Council Meeting, staff was authorized to release RFP No. 24- 19 for the Installation of two (2) LED Signs. In this RFP, the City was seeking a qualified vendor to complete the removal of two existing, inoperable LED sign cabinets (one at City Park and the other at the Civic Center) and their respective pole covers. The selected vendor was to be tasked to design and install new pole cover wraps and double-sided message unit cabinets with a design that complements the surrounding esthetics of the site and incorporates the City brand. The selected vendor would additionally create and install the necessary software and provide training to City staff on how to operate the messaging functions of the new LED sign cabinets.

On Monday, September 2, 2024, the City received three (3) proposals. Staff reviewed the proposals and have made the recommendation to reject all bids per the terms and conditions outlined by RFP No. 24-19 and in alignment with the City's Municipal Code, Section 3.20.080. With City Council approval, staff will revise the scope of work and include additional requirements within the RFP to allow for a better opportunity for staff to achieve the goals of the RFP.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

It is being recommended that the City Council reject all proposals received for RFP No. 24-19 for Installation of Two (2) New LED Signs in accordance with City Municipal Code Section 3.20.080 and additionally authorize staff to reissue the RFP with a revised scope of work.

ATTACHMENT(S)

None

ITEM # 17

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Raul Alvarez, City Manager

SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 25-07

FOR MONTEBELLO POLICE TOWING SERVICES

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize staff to issue Request for Proposal (RFP No. 25-07) to solicit proposals from qualified firms for Montebello Police towing services; and

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

FISCAL IMPACT:

At this time, there is no fiscal impact associated with issuing this Request for Proposal (RFP). Once proposals are submitted and evaluated, staff will return with a recommendation of firms to provide such services and a well-defined budget for consideration at a future City Council meeting.

BACKGROUND/DISCUSSION:

The City of Montebello currently contracts with Helms and Hill for Police towing services pursuant to Professional Services Agreement (PSA) No. 3705. The Montebello City Council awarded this PSA On November 13, 2019 to Helms and Hill for a term of five (5) years with an option for two (2) one year extensions. At this time, staff is recommending not exercising the term extensions and to seek proposals through a Request for Proposals (RFP) for Police towing services (Attachment A).

The following is a tentative schedule for this RFP process:

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

PROJECT SCHEDULE
RFP Published: September 26, 2024
Questions from Proposer
Due:

October 15, 2024

Proposal Due: October 28, 2024
Award Contract: November 13, 2024

The RFP shall describe the service requested and provide the tasks required from the qualified firms to submit a proposal. Once proposals are submitted, reviewed and scored, staff will return to the City Council with a recommendation to award a professional services agreement. Funds have been included for towng services in the Fiscal Year 2024-25 budget. If necessary, based on the agreement presented to City Council at a future date, an amendment to the budget will be made.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council authorize issuing RFP No. 25-07 (Attachment A) for Montebello towing services. Upon City Council approval, staff will proceed with the recommended actions.

ATTACHMENT(S)

1. Attachment A - RFP 25-07 No. Towing Services

1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 25 – 07
Towing Services
Release Date: Thursday, September 26, 2024
Questions Due: Tuesday, October 15, 2024, at 11 a.m. PDT Due Date: Monday, October 28, 2024, at 1 p.m. PDT

ATTACHMENT A

2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]

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

DATE OF SOLICITATION
September 26, 2024

PROJECT
Towing Services

PROPOSAL OWNER
City of Montebello – Department of Administration
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Raul Alvarez, City Manager
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Department of Finance
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Michael Solorza, Director of Finance
Contact Phone: (323) 887- 1200
Contact E-Mail: [email protected]

Any questions about this RFP should be submitted via the City's PlanetBids Portal by Tuesday, October 15, 2024, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:

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

4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work 6

6.0 Vendor Qualifications 8

7.0 Proposal Submittal 8

8.0 Evaluation of Proposal 9

9.0 Proposal Protests 9

10.0 Execution of Agreement 11

11.0 Insurance 11

12.0 Use of Federal Funds 13

13.0 Non-Commitment of City 14

14.0 Labor Requirements 14

15.0 Records 14

16.0 Subcontractors 15

17.0 Modifications/Changes 15

18.0 Disclosure of Information 15

19.0 Ex-Parte Communications 15

20.0 City of Montebello Rights 15

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

5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from qualified contractors to provide towing services in response, on a first priority basis, to City police officers and parking enforcement personnel following the specifications, terms, and conditions identified in this RFP. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:

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

Prospective vendors must register with PlanetBids before being able to view or submit a response.

Questions must be submitted by Tuesday, October 15, 2024, at 11:00 a.m. PST.

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

Proposals must be submitted via PlanetBids by Monday, October 28, 202 4, at 1:00 p.m. PST.

Responses will be evaluated to determine the vendor that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described. The City reserves the right to accept or reject any and all proposals.

6 2.0 Introduction
The City of Montebello invites prospective contractors to submit a proposal to provide towing services to City police officers and parking enforcement personnel . The contractor will also respond to towing requests from other city employees who are duly authorized to remove vehicles for storage, or investigation, or both.

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

3.0 Timeline
• Release RFP Thursday, September 26, 2024
• Online Q&A Deadline Tuesday, October 15, 2024,11 a.m. PDT • Deadline to Submit Responses Monday, October 28, 2024, at 1 p.m. PDT • City Review of Submissions Early November 2024
• Notifications Sent to Vendors Early November 2024
• Award November 2024

4.0 Purpose
The purpose of this solicitation is to provide 24 hours a day, 7 days a week towing and storage services for the City, responding to requests from authorized employees for the removal of illegally parked, inoperative, or impounded vehicles related to investigations or legal violations.

The City is seeking to establish an agreement with a minimum term of three (3) years with up to two (2), year extension options for a total of up to five (5) years . This requirement may change during the process of finalizing the agreement with the selected vendor. The city may opt to award multiple vendors for grant writing services.

5.0 Scope of Work/Services
The City solicits proposers seeking to establish exclusive contract for towing services. The City intends to award an agreement to the successful proposer at the conclusion of this procurement process. The proposer is not required to have a facility in the City of Montebello. The Contractor’s primary duty will be: responding,

7 on a first priority basis, to requests for towing services initiated by the City’s police officers and parking enforcement personnel. The Contractor must also respond to towing requests from other City employees who are duly authorized to remove vehicles for storage, or investigation, or both. Typical towing situations will include, but will not be limited to: removing illegally parked vehicles, towing inoperative vehicles as a result of traffic accidents and mechanical breakdowns, and impounding vehicles for investigation, evidence, or a violation of the law. The Contractor must provide towing and storage services all hours of a day, every day of the year.

The Contractor must maintain adequate personnel, equipment, and facilities at all times to perform the required towing services, within the time frame(s). While the Contractor has custody of vehicles, the Contactor will be responsible for their safekeeping, including their contents, until they have been released to the owner or owner’s agent, or disposed of in the manner the law permits. Until the Contractor receives the Police Department’s written authorization, the Contractor must not release a vehicle to an owner or the owner’s agent when the Police Department is:
(A) Holding that vehicle for investigation, examination, or evidence, or requesting its special handling or protection (collectively, “police hold vehicles”); or (B) Impounding that vehicle for unpaid parking citations, lack of current registration, or a violation of the law.

To prevent damage to police hold vehicles or spoliation of any evidence in or upon those vehicles, such as fingerprints or stains, the Contractor must store police hold vehicles in a secure area protected against the elements, sources of contamination, and entry by unauthorized persons.

For those towing companies that meet the Baseline Requirements, the City will take into consideration the following additional information when selecting the proposal(s) which provide(s) the City with the best services and value. Each proposal must provide detailed information sufficient for the City to evaluate the towing company’s capability to provide its vehicle towing and secure storage services. In addition, the proposals should include truthful, accurate , and detailed information concerning the following:

1. The size, age, condition, accident history, safety, upkeep and state of the art character of the towing company’s vehicle fleet and related equipment; the towing company’s program for conducting routine vehicle and equipment safety inspections; and the towing company’s degree of readiness to deploy such vehicles and equipment in satisfaction of the towing agreement as of the date of the award

8 2. The size, condition, security and state of the art character of the towing company’s secured vehicle storage facilities; the readiness of the facilities to receive and securely store vehicles referred by the Montebello Police Department as of the date of the award; the proximity of those facilities to the City (in miles); whether the facilities are owned outright by the towing company or occupied pursuant to a lease or license and the duration of the lease or license; status of lease (in breach or default/not in breach or default); the facilities’ days and hours of operation and staffing levels during such days and hours of operation; and the facilities policies and procedures for engaging and informing members of the public who are attempting to retrieve their vehicles during business hours or during hours when the facilities are closed for business.

3. Policies and protocols for safeguarding vehicles as evidence and for cataloging and securing any personal property evidence within the vehicles which may be needed for potential criminal prosecutions; policies for cataloguing, safeguarding and returning personal property contained within a vehicle, especially when such personal property is not relevant to any criminal prosecution.

4. The character and integrity of the towing company, its principals, officers, managers and/or employees is critically important to the City. With respect to this evaluation please provide responses to the following requested information:
a. Disclose any history of (1); Criminal or other illegal conduct or illegal business practices, (2); Unethical and/or predatory business practices, and (3); Poor, nonresponsive and/or discourteous customer service as to the public agencies served or as to the persons whose vehicles have been towed within the past five (5) years. This includes the company itself, the principals of the company, officers of the company and key managerial personnel.
b. Disclose the company’s policy for screening tow truck drivers for criminal conduct, alcohol abuse and controlled substance use, and protocols for routinely testing for alcohol abuse and controlled substance use. c. Describe driver recruitment and training policies, including, but not limited to, policies for training tow truck drivers and impound yard personnel to provide courteous, honest and ethical services to persons whose vehicles have been impounded.
d. Disclose whether or not the towing company is or has been in default or breach under any similar towing and secure storage agreement with any other public agency within the past five (5) years. State whether any such

9 agreement has been terminated for cause in the past five (5) years and, if so, explain the underlying grounds for the public agency’s termination of the towing company’s agreement for cause.

5. The knowledge and familiarity of the officers, key managers and employees of your company, including drivers, with the California Vehicle Code, specifically, provisions relating to the services contemplated under this RFP, including but not limited to provisions of the California Vehicle Code relating to the safe and lawful towing, impoundment and secure storage of motor vehicles and the lawful operation of facilities where impounded vehicles are stored.

6. The towing company’s impound policies and practices and impound rates and the strategies the towing company has in place to facilitate the speedy and cost - effective return of vehicles to persons whose vehicles have been impounded so as to minimize the accrual of costly impound fees.

7. The financial strength of the towing company to provide the quality, scope and scale of service called for under this RFP, including written proof in the form of towing company’s financial records that show to the satisfaction of the City that the towing company has the financial resources and ability to perform under the towing agreement and provide the quality, scope and scale of services requested in a consistent and reliable manner throughout the term of the towing agreement or any extension term. In this regard, information such as the amount of any existing debt burdens, pending uninsured liability claims and/or access to lines of credit or other sources of funding will be helpful in allowing the Advisory Committee to evaluate the towing company’s financial strength or weakness.

8. The towing company's record of performance with respect to prior contracts or services with the City and/or other municipalities within the past five (5) years.

9. The towing company’s business plan and strategy for satisfying the performance requirements of the RFP and the terms of the towing agreement.

10. The degree to which the towing company’s proposal deviates from or is otherwise unable to comply with the baseline requirements and conditions set forth under this RFP. Towing companies are encouraged to exceed the baseline requirements of this RFP.

11. In addition to any other eligibility requirements set forth under this RFP, each towing company must also satisfy all of the following in order to be considered:
a. The towing company, as of the deadline for the submission of proposals must be a party and signatory to a Tow Service Agreement with the State

10 of California, Department of California Highway Patrol (“CHP Agreement”) which agreement authorizes the towing company’s participation in the CHP Rotation Tow Program.

Each proposal must include a true and correct copy of the fully executed CHP Agreement described above. At the time of the proposal submission, and throughout the term of any agreement awarded, the towing company must be admitted to the California Department of Highway Patrol's Rotation Tow Program and, except as otherwise provided under this RFP or any agreement executed with the City, the towing company shall comply with all requirements set forth in that certain document entitled “2024-2025 Tow Service Agreement,” which may be found on the California Department of Highway Patrol internet website at:
https://www.chp.ca.gov/ResearchAndPlanningSectionSite/Documents/2024- 2025%20TSA%20Effective%20July%201,%202024.pdf
Each proposal must also include true and accurate documentation showing the complete and most up -to-date schedule of tow rates, storage rates and other charges authorized by the CHP pursuant to the CHP Agreement. If a towing company is awarded a contract, the towing company will not be allowed to charge persons whose vehicles have been referred to the towing company by the City under the agreement with the City any towing or storage fees or charges or any other fees or charges that have not been expressly approved by the CHP under the CHP Agreement. Also, such towing company may not impose such fees or charges at rates or in amounts that exceed those expressly approved by the CHP pursuant to the towing company’s CHP Agreement. The towing company may increase or otherwise adjust fees or charges previously approved by the CHP under the CHP Agreement, provided the increase or adjustment has also been approved by the City. The towing company will provide the City with written notice of any CHP approved increases or adjustments to existing fees and charges no less than fifteen (15) days from the date such increased or adjusted fees and charges are to take effect, following approval by the CHP. The towing company will also provide the City with documentary proof that all fees and charges or all increase fees or charges have been approved by the CHP.

12. Projected response time to calls for service.

Each proposal should contain specific and detailed explanations and information as to each of the factors listed above and explain in detail and with specificity how the towing company meets or exceeds the requirements of this RFP as to

11 each such category. Proposals should avoid being too general or too ambiguous in providing such explanation and information. Proposals should divulge whether or not a towing company has the ability to meet or exceed a requirement of the RFP at the time the proposal is submitted. City reserves the right to modify the requirements of this RFP at any time.

6.0 Vendor Qualifications
The selected vendor must have the following minimum qualifications:

A. Experience working with public safety departments such as Police and Fire.

B. Policies and protocols safeguarding vehicles as evidence

C. Professional, qualified, prepared, and safe practices/procedures in deploying towing vehicles and equipment

D. Contractor is not required to have a physical location within the City . However, the contractor is required to have facility within 12 miles of the City with a yard for vehicle storage, along with an office for payment of fees and vehicle releases.

E. Storage facility shall have enough space to hold up to 50 vehicles, including 6 spaces for inside locked storage for impounded vehicles as evidence or investigation.

Background Check
Vendor representatives working on-site and in some remote capacities, will be required to undergo a background check conducted by the City.

7.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may result in the proposal being considered “non-responsive” and rejected.

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

8.0 Evaluation Criteria

12 The City will establish an evaluation committee to review and rat e each proposal. The proposal evaluation process will be conducted using a multi -step method which will include the following steps:

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

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:

i. Qualifications as they relate to this project - 65%
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills

ii. Reputation for integrity and competence – 15%
a. Positive Reference Checks
b. Work Samples

iii. Proposed fees for services – 20%

The City reserves the right to request and obtain, from one or more vendors, supplementary information as may be necessary for the City to analyze the proposal pursuant to selection criteria. Upon completion of the evaluation phase, the City may select those vendors for interviews whose proposals and qualifications most closely conform to the requirements of this RFP and provide the best value to the City.

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

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

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

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

Mail:

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

or

E-mail:
[email protected]

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

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

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

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

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

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

14 After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.

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

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

Should the successful Vendor decline to execute the agreement, the City can either reject all proposals , accept one of the other proposals, or issue a new solicitation. City reserves the right to award any, all, or a portion of the Scope of Services to one or more qualified proposers.

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

A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise -operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.

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

B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8

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

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

C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $2,000,000 per occurrence or claim, $ 4,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

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

Required Insurance Documentation

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

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

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

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

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

16 Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non -contributing basis with any insurance or self - insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.

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

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

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

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

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

• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited

17 • All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history
• Any other state or federal regulations that may be applicable under the corresponding grant program

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

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

14.0 Labor Requirements

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

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

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

D. Conduct: No person(s) shall be employed for this work that is found to be

18 incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.

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

16.0 Subcontractors
The vendor shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Vendor and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

17.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement’s requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the Vendor. These changes will be processed by the City Manager.

18.0 Disclosure of Information
A. The Vendor agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Vendor shall be used exclusively in connection with the performance of services.

B. The Vendor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Vendor hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.

19.0 Ex-Parte Communications
Vendor and vendor representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This

19 requirement also includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.

This restriction does not prohibit vendors and their representatives from submitting questions regarding this RFP pursuant to the directions provided herein, or making oral statements or presentations to City representatives during a scheduled public meeting.

20.0 City of Montebello Rights
At its discretion, the City reserves the right to:

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

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

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;

C. Accept all or any part of a proposal;

D. Cancel the entire RFP;

E. Issue subsequent RFPs; or

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

Please review:

Appendix A – Proposal Content and Format

Appendix B – Sample Professional Services Agreement

Appendix C – References

ITEM # 18
APPROVAL OF MINUTES: AUGUST 14, CITY COUNCIL MEETING; AUGUST 28, 2024, CITY COUNCIL MEETING

CITY OF MONTEBELLO

REGULAR MEETING

MINUTES
WEDNESDAY, AUGUST 14, 2024 AT 6:00 PM

CITY HALL COUNCIL HAMBERS
1600 WEST BEVERLY B ULEVARD

MONTEBELLO, CALIF RN A

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

Mayor Peralta called the meetin o order at 6:0 p.m.

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

City Clerk Jimenez a urer Mata were also present.

Councilmembe menez arrived 6:01 p.m
City Attorney A old Alvarez-Glasma City Manager Raul Alvarez, Senior Deputy City Clerk Kimberly Guillen, Deputy City Clerk Nelly Ocho and Department ectors Michael Solorza, Cesar Roldan, Joseph Palombi, David Sosnowski, Police Chief Paul Espinos and Fire Chief ernando Pelaez.

ANNOUNCEMENT OF LOSED ESSION ITEMS
City Attorney Alvarez-Glasm n announced the Closed Session Items.

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

None
.

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

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

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August 14, 2024: City Council Meeting Minutes Page 2 of 12

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
BKK Class I Landfill Cost Recovery Efforts (one matter)

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

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
NASA Services v. City of Montebello
Los Angeles Superior Court Case No. 21 STCP01969

4. INSURANCE LIABILITY CLAIM
Government Code Section 54956.95
Claimant: Arlene Salazar
Agency claimed against: City of Montebello

5. CONFERENCE WITH LEGAL COUNSEL – AN CIPAT D LITIGA ION Government Code Section 54956 9(d)(2)
Significant exposure to litigati n o case

6. CONFERENCE WITH EGAL COU E EXISTING LITIGATION
Government Code Sectio 54956 (d)(1)
J. Carrera v. City of Monteb
Los Angeles r Court C No. 21 STCV 24612

7. CON ERENCE WITH THE ITY COUNCIL RELATED TO AN AUDIT BY CALIFORNIA STATE AUDITOR’S OFFIC
Governm Code Section 956.75

REGULAR SESSION - IMM IATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

Mayor Peralta reconvened the meeting at 7:03 p.m.

All five members were present to discuss all Closed Session items. City Attorney Alvarez-Glasman provided the following report to City Council: Item No. 1, a briefing was provided to City Council, direction was provided, no action final was taken, and nothing to further to report; Item No. 2, was not discussed and will be held over to a future meeting.

Item No. 3, a briefing was provided to the City Council, no action was taken, and nothing further to report. Item No. 4, a briefing was provided to the City Council, no action was taken, and nothing further to report. Item No. 5, a briefing was provided to the City Council, no action was taken, and nothing further to report. Item No. 6, a briefing was provided to the DRAFT

August 14, 2024: City Council Meeting Minutes Page 3 of 12

City Council, direction was provided to the City Manager and City Attorney's Office to have an independent review of the proposed settlement of that case, no action was taken, and nothing further to report; Item No. 7, was not discussed and will be held over to a future meeting.

INVOCATION

Led by City Clerk Jimenez.

PLEDGE OF ALLEGIANCE

Led by Robert Vasquez from the American Legion Post 262.

CORRECTIONS TO THE AGENDA - CITY MANAGER

Mayor Peralta added a presentation to honor Purple Heart Month.

CEREMONIAL ITEMS/PRESENTATIONS

8. CITIZEN OF THE MONTH - YVETTE FIMBRES
Presented by Mayor Peralta.

9. ASHIYA JAPAN STUDENTS
President of the Montebello Ashiya Sister City Association, Emma elga , presented Ashiya Japan Students Nao Hashimoto and Tomohiro Sibabuki.

10. ADVENTIST HEALTH WHITE MEMORIAL PRESENTATION
Adventist Health White Memorial President Juan De L Cr nd Operations E cutive Mara Bryant presented Adventist Health White Memorial's current capabilities, operation expans lans, and pl s to obtain specialty certifications.

The Council thanked Adventist Health White Memoria or the nformatio and expressed their appreciation for the partnership.

11. PROCLAMATION FOR NAT NAL W LLNESS MONTH
Presented by Mayor Peralta.

12. TREASURER'S MON HLY UPDATE
Presented by City Treasurer Ma ga.

PUBLIC COMMENTS ON NON-AG ND ITEMS (30 MINUTES)
At this time, the public m submit spe r card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of thi ateme Public He ng items do not require a speaker card.

The City Coun will address non-a nda item during this section and speakers will be called in the order received. Those persons not ommodated during s 30-minute period will have an opportunity to speak under “Public Comments – Continued”, aft all scheduled mat s have been considered. Public Hearing, Regular Business and/or Consent Calendar items w be addressed the time that matter of business is heard, in the order received.

Please be aware that e max um time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. Sta L w prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

The City Clerk’s Office acknowledged seven(7) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council, and said speaker cards are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

The Fire Department shared a video showcasing the Jr. Fire Camp Academy.

PUBLIC HEARING

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August 14, 2024: City Council Meeting Minutes Page 4 of 12

13. APPEAL OF A PLANNING COMMISSION DECISION OF DENIAL OF SITE PLAN REVIEW AND ZONE

VARIANCE REQUESTS FOR REDUCED LOT SIZE, REDUCTION IN FRONT YARD SETBACK, AND LOT

COVERAGE, AS WELL AS THE DENIAL OF A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL REGARDING VESTING TENTATIVE TRACT MAP (“VTTM”) NO. 084478 TO SUBDIVIDE ONE LEGAL LOT RESULTING IN THE CREATION OF 16 LEGAL LOTS TO ACCOMMODATE 15 SINGLE-FAMILY DWELLING UNITS INCLUDING A COMMON PARCEL FOR STREETS, UTILITIES, AND A PRIVATE PARK (CASE NO.

PC-2024-0002-SPR/ZV/TTM) FOR THE PROPERTY LOCATED AT 301 JACMAR DRIVE.

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a Public Hearing to consider all matters presented at the p ic hearing, uphold the Planning Commission denial of PC-2024-0002/SPR/ZV/TTM, and direct f to bring back a City Council Resolution containing findings supporting the Planning Co miss s denial of PC-2024-0002- SPR/ZV/TTM; or

2. Conduct a public hearing to consider all matters present d at the public ring, adopt a resolution overturning the Planning Commission decision to deny P 2024-0002-SPR/ZV TM and approving PC- 2024-0002-SPR/ZV/TTM, which would become effect after City Council’s findi are referred to the Planning Commission and the Planning Commi on provides a further report n the matter per Montebello Municipal Code 17.78.130 “Council d sions contra to planning commission action;” and

3. Take such additional, related action that may be d rable.

Councilmember Tamayo recused herself from the discussion due to a co ct of interest related to the nearby property.

City Manager Alvarez informed the City Council tha h ity received a Re est for Abeyance to continue the Public Hearing Item to another date as requested by the appl ant.

City Attorney Alvarez-Glasman informed the City Council at they ve the retion to either allow the applicant to speak and open the Public Hearing or to postpone the item to a f ure eeting as requested by the applicant.

Mayor Peralta asked the City Attorn if the C ncil could te to postpone the item to a future meeting but allow the speakers in attendance to provide comment.

City Attorney Alvarez-Glasman formed the cil that they can open the public hearing but are not permitted to address comments.

Councilmember Jimen tioned to en the Public Hearing and discuss the item, seconded by Mayor Pro Tem Melendez. The mo n was ap ved by t following vote:

MOVED: Ji nez SECONDED: Melendez APPROVED: 2-1-1-0
AYES: Jimen Melendez
NOES: Torres
ABSTAIN: Peralta
ABSENT: None

Mayor Peralta opened the Public Hearing at 9:04 p.m.

Max Masuda-Farkas, the applicant's attorney, reiterated the following statements from the appeal letter: They believe the applicant was denied a fair hearing when it didn't offer the applicant an opportunity to rebut external evidence, which the Planning Commission which Commission relied upon in reaching its decision. The external evidence was submitted outside of the hearing without providing a hearing notice or an opportunity to rebut said evidence. In reaching its decision to deny the project, the Commission relied on a petition that was submitted by a member of the public at 4:00 p.m. on the same day as the Commission's Meeting. Given that the petition was submitted mere hours before the meeting, neither the Commission nor the Staff verified the signatures appearing on the petition were verified. Nevertheless, Commissioners referred to the petition at several moments in their findings as evidence of the community's alleged opposition to the Project. Although the petition thus represented bedrock evidence upon which the Commission relied to deny the project application, the Commission never provided the Applicant the opportunity to rebut the petition. He further noted that the applicant, Mr. Mollinari, could not be present due to health circumstances.

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August 14, 2024: City Council Meeting Minutes Page 5 of 12

The City Clerk’s Office acknowledged fourteen (14) members of the public wishing to address the City Council. One (1) speaker spoke in support, and thirteen (13) speakers spoke in opposition. Speakers were provided three minutes to address the City Council, and speaker cards are on file at the City Clerk’s office.

Mr. Masuda-Farkas reiterated the applicant's request for the continuance of the hearing to allow the applicant to respond to the resident's concerns. Due to the applicant's health issues, he will not be able to address said concerns however he would respond to the concerns as best. The concerns raised by the residents, included public outreach, special treatment, and parking.

In response to the concern about public outreach, Mr. Masuda-Farkas reminded the C uncil of the multiple project proposals for the same property. On September 21, 2020, a prior applicant submitte n entitlement application for a residential development project consisting of 31 three-story condominium units. In Jan y 2022, representatives from the owner commenced the process of engaging a new applicant for the development o 5 o-story condominium units. The reduced density of the Second Project was developed in direct response to feedb k receiv from the City and community addressing the First Project. Representatives of the Owner engaged radius maps and li consultants to assist with identifying property owners within a 300-foot radius to notify them of the Sec d Project. One vol ary community meeting was held to collect additional feedback from the community on the Se nd Project. Despite th xtensive community outreach effort and efforts to incorporate community feedback on the rst project with respect to d ity, the developer opted not to proceed with the Second Project.

Mr. Masuda-Farkas further stated that after significant time and e ense urred to advance the First and Second Projects, the current Project was submitted on January 22, 2024. The P contemplates a modest density of 15 single- family homes, representing a steep reduction from the 31 three story con minium units of the First Project and the 25 two-story condominium units of the Second Project. F thermore, in its own ght, the current Project not only complied with all statutory notice requirements but exceeded th e re ements through coordinated community outreach effort.

As previously communicated to staff and the Commiss n, the app nt engaged a community outreach consultant who traveled door-to-door to 116 homes within the property's 00' radiu n dditional homes beyond that radius to solicit feedback on the Project. Brochures detailing project inf matio were left t each of the homes, and whether or not residents were present to answer.

When combined with the First and S cond Proj s, the curr t Project is thus the culmination of more than four years of robust engagement with the City ighbors, and he Montebel community to develop a project that advances the owner's reasonable property interests hile incorpor ng community preferences as to design and density. In light of the tremendous time and expense un rtaken t bm nt Project, further modifications or alternatives to the Project would be infeasible and unreasona A ordingly, we ask that the Commission approve of the Project as proposed.

As to density, the pr l below th ontemplated density in the new general plan.

In response to arking concerns, Mr. Masu Farkas stated that the applicant previously submitted to staff and the Planning Co mission several HOA ovisions that they were proposing to mitigate, understand, and address the issues that were raise concerning parking nd traffic. Mr. Masuda-Farkas provided examples of HOA Provisions that would address concerns garding parking

In response to special t tment c ms, Mr. Masuda-Farkas stated that the applicant desires to receive the same treatment that has been granted to arb projects. Mr. Masuda-Farkas concluded his statement by reiterating the benefits of the project. Those benefits incl greater housing choice, abundant open space, and a design that sensitively reflects the surrounding community.

Mayor Peralta closed the Public Hearing at 9:52 p.m.

Councilmember Torres inquired about the homes and whether they were affordable housing. Mr. Masuda-Farkas stated that they were at market rate.

City Attorney Alvarez-Glasman and Director Palombi provided clarification on the procedural steps.

Councilmember Torres further informed the community of the options available to the City Council if the lot sizes were reduced or the density was adjusted.

Mayor Pro Tem Melendez stated that the applicant should be given an opportunity to do more extensive community DRAFT

August 14, 2024: City Council Meeting Minutes Page 6 of 12

outreach.

Councilmember Jimenez stated that she would like to uphold the decision of the Planning Commission as Mr. Molinari has had the opportunity to provide community outreach.

Mayor Peralta stated that she was considering everyone's comments and the potential legal implications of the City Council’s decision.

Mayor Pro Tem Melendez motioned to continue the item, and grant the extension of 45 days to allow the applicant to complete a thorough community outreach, seconded by Councilmember Torres, the motion passed by the following vote:

MOVED: Melendez SECONDED: Torres APPR VED: 3-1-0-1
AYES: Melendez, Peralta, Torres
NOES: Jimenez
ABSTAIN: None
ABSENT: Tamayo

REGULAR BUSINESS

14. ADOPT PLANS, SPECIFICATIONS AND ENGINEER'S E TIMATE FOR THE SENIOR CENTER RENOVATION PROJECT (CP 925) AND AU ORIZATION TO PR CEED WITH BID ADVERTISEMENT

RECOMMENDATION: It is recommended th the City ncil:

1. Approve Environmental Assessment pu ant t 14 California Code of Regulations § 15301 as a Class 1 categorical exemption r the Califor nvironmental Quality Act (CEQA); and,

2. Approve Level of Env nmen Review De rmination via the National Environmental Policy Act (NEPA):

Categorically Exc ded per 2 CFR 58.3 a), and subject to laws and authorities at §58.5: (3) Rehabilitation o uildings and mprovement when the following conditions are met: (iii) In the case of non-residenti tructures, in uding commerc al, industrial, and public buildings: (A) The facilities and improvements a in place nd will anged in size or capacity by more than 20 percent: and (B) The activity does n inv e a change in land use, such as from nonresidential to residential, commercial to industrial or from o industrial use to another; and,

3. Ad the % comp d plans, specifications and engineer’s estimate for the Construction of the nior Center novation oject at 115 S. Taylor Avenue Improvements Capital Project 925; and Authorize staff to oceed wi bid advertisement for construction; and Take such addition related action that may be desirable.

Director of Recrea n and Commun Services David Sosnowski provided a brief overview of the project.

Mayor Pro Tem Melend motion , seconded by Councilmember Jimenez, to approve the item; the motion was approved unanimously.

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

Members of the public pulled the following Item Nos. for comment: 16, 19, 20.

Councilmember Torres pulled Item No. 24.

Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve Item Nos. 15, 17, 18, 21-23, 25-27; the motion passed unanimously.

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August 14, 2024: City Council Meeting Minutes Page 7 of 12

15. APPROVE LETTER OF ENGAGEMENT TO MASTER RETAINER AGREEMENT NO. 3919 WITH AIM

CONSULTING SERVICES FOR CONSTRUCTION MANAGEMENT/INSPECTION SERVICES FOR THE MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT PHASE 3 (CP NO. 894-3)

RECOMMENDATION: It is recommended that the City Council:

1. Approve Task Order No. 6.1 via an Engagement Letter under Master Retainer Agreement No. 3919 with AIM Consulting Services for Construction Management and Inspection Services for the Golf Course Renovation Project Phase 3 for a not-to-exceed-amount of $469,692; and,

2. Authorize the City Manager to execute the Letter of Engagement; and,

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

Councilmember Torres motioned, seconded by Councilmember Tamayo, to a o the item; the motion passed unanimously.

16. AWARD CONSTRUCTION CONTRACT FOR HIGHWAY SAFETY IMPROVEMENT ROGRAM (HSIP) CYCLE 7 VARIOUS INTERSECTION IMPROVEMENTS CAPITAL PRO CT 851 – FEDERA PROJECT NO. HSIPL- 5247(024) TO ALFARO COMMUNICATIONS CONSTRUCTIO , INC. AND REJECT AL OTHER BIDS

RECOMMENDATION: It is recommended that the City ouncil:

1. Award construction contract (Attachment B) to Alfa Com unications Construction, Inc. for Highway Safety Improvement Program (HSIP) Cycle 7 Capital P 851 – Federal Project No. HSIPL-5247(024) for the amount of $1,134,591; and,

2. Approve a 10% construction conting of $113,459; and,

3. Reject all other bids and authorize th City k’s Office to re se bidders’ bonds; and,

4. Accept Crosstown Electrical & Data, In ’s bid wi wal letter d ted July 25, 2024 (Attachment A); and,

5. Authorize the City Manager to execute e agreem nt ny subsequent change orders; and,

6. Take such additional, related action that ay b desirable.

The City Clerk’s Office acknowledged e(1) m mber of the ublic wishing to address the City Council. The speaker was provided three minutes to address t City Cou l and said eaker cards is on file at the City Clerk’s office.

Councilmember Torres motion seconded b Councilmembe Tamayo, to approve the item; the motion was approved unanimously.

17. APPROVE AWARD OF PR F SSIONAL SERVICES AGREEMENT NO. 4219 TO G2 CONSTRUCTION, INC.

TO INSTALL F CAPTUR TORM DRAIN TRASH DEVICES ON CITY-OWNED CATCH BASINS

RECOMMENDATION: I recomm nded that the City Council:

Approve by a four-f s vote of the City Council the urgency fabrication and installation of Connector Pipe creen (CPS) and tomatic Retractable Screen (ARS) units at thirteen locations per Municipal Code S ion 3.20.050(D Conformance with bidding procedures (exceptions); and,

2. Awa Profession Services Agreement No. 4219 to G2 Construction, Inc. to install thirteen catch basins with sc en dev es for stormwater quality protection for a not-to-exceed amount of $104,479; and,

3. Amend t F cal Year 2024-25 budget by increasing appropriations by $104,479 in the Measure W Fund, Acc unt No.229-30-315-6040.55 (Measure W, Public Works, Stormwater, Water System Maintenance); and,

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

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

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

18. APPROVE LETTER OF ENGAGEMENT TO MASTER RETAINER AGREEMENT NO. 3922 WITH PSOMAS CONSULTING SERVICES FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 7 – FEDERAL PROJECT NO. HSIPL-5247(024)

RECOMMENDATION: It is recommended that the City Council:

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