Montebello City Council
February 12, 2025

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, FEBRUARY 12, 2025 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL
Salvador Melendez, Mayor
Georgina Tamayo, Mayor Pro Tem
Scarlet Peralta, Councilmember
Ric Alonzo, Councilmember
Vacant, Councilmember

CITY MANAGER
Raul Alvarez

CITY TREASURER
David Matanga

CITY ATTORNEY
Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS

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

February 12, 2025: City Council Meeting Page 2 of 8

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

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

RULES OF DECORUM:

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

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

PUBLIC COMMENTS:

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

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

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

Agendas, Minutes, and Videos,

February 12, 2025: City Council Meeting Page 3 of 8

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

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

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

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
J. Ibarra v. City of Montebello
Case No. ADJ11301865, ADJ15112999

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
I. Navarro v. City of Montebello, et al.

Case No. ADJ13310066, ADJ2613081, ADJ2548565, ADJ15539383, ADJ7472140, ADJ7964720, ADJ2654347, ADJ10708805, ADJ3507314, ADJ6779197, ADJ12495501, ADJ2613081, ADJ6773842

3. PUBLIC EMPLOYEE DISCIPLINE, DISMISSAL, RELEASE
Government Code Section 54957
One matter

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Threat of litigation in one matter based upon threat submitted by S. Rafferty for unnamed parties

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

5. CITIZEN OF THE MONTH - MARTE SANCHEZ

February 12, 2025: City Council Meeting Page 4 of 8

6. PROCLAMATION FOR BLACK HISTORY MONTH

7. PROCLAMATION FOR AMERICAN HEART MONTH

8. CITY TREASURER'S REPORT
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.

The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.

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

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS

9. ADOPT RESOLUTION NO. 25-08 ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF

OF THE MONTEBELLO FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES

REQUIRED TO PERFORM ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-08 to receive and file annual mandated Fire Department inspection compliance information pursuant to Sections 13146.2 and 13146.3 of the State of California Health and Safety Code:
and,

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

10. REVIEW OF CURRENT CITY COUNCIL ASSIGNMENTS TO VARIOUS BOARDS, AGENCIES, AD HOC AND

TASK FORCE COMMITTEES

RECOMMENDATION: It is recommended that the City Council:

1. Review and take action to fill City Council assignments to various Boards, Agencies, Ad Hoc Committees and Task Force Committees; and

2. Designate the Mayor as the representative to the Los Angeles County-City Selection Committee and the Mayor Pro Tempore as the alternate representative; and

3. Designate the Mayor as the representative to the Board of Directors of Sanitation District No's. 2 and 15 of Los Angeles County, and designate a member of the City Council as the alternate; and

4. Establish an Economic Development and Workforce Development Ad Hoc Committee; and

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

11. CONSIDERATION OF FILLING VACANT COUNCILMEMBER POSITION

RECOMMENDATION: It is recommended that the City Council:

1. Adopt a Resolution No. 25-13 to fill the City Council Vacancy by one of the following options:

2. Fill the Vacancy by Special Election to be held not less than 114 days from the call of the Special Election; or

3. Fill the Vacancy by Appointment until the next regularly scheduled General Municipal Election to be held November 3, 2026, and

February 12, 2025: City Council Meeting Page 5 of 8

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

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.

12. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 4005 WITH AVENU INSIGHTS & ANALYTICS, LLC

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement No. 4005 with Avenu Insights & Analytics, LLC for document scanning services, for an additional One-Year (1) Year term (through June 30, 2026) for a total not-to- exceed amount of $250,000; and

2. Authorize the City Manager to execute and finalize Amendment No. 2 to Agreement No. 4005 on behalf of the City of Montebello; and

3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $125,000 in Account No. 100- 10-110-6040.10 (City Clerk-Contract Services Outside Contracts); and

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

13. APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. 3857 WITH BLAIS & ASSOCIATES FOR GRANT

WRITING SERVICES TO INCREASE THE ANNUAL NOT-TO-EXCEED AMOUNT

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 3 to Agreement No. 3857 with Blais & Associates to increase the annual not- to-exceed amount to $130,000; and

2. Authorize the City Manager to execute Amendment No. 3 to Agreement No. 3857 with Blais & Associates; and

3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $30,000 in Account No. 100-85- 850-6040.10 (General Fund, Fire, Fire Administration, Contract Services-Outside Contracts); and

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

14. APPROVE FINAL TRACT MAP NO. 82726, CONSISTENT WITH THE PREVIOUSLY APPROVED VESTING TENTATIVE TRACT MAP NO. 82725, AND FIND AND DETERMINE THAT FINAL TRACT MAP NO. 82726 IS

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15182(C) OF THE CEQA GUIDELINES AND GOVERNMENT CODE SECTION 65457

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-10 approving Final Tract Map No. 82726, consistent with previously approved Vesting Tentative Tract Map (“VTTM”) No. 82725, in connection with the Montebello Hills Specific Plan Project, and authorize its filing with the Los Angeles County Recorder; and

2. Determine and find that this action is consistent with the previously certified Environmental Impact Report (“EIR”) for the Montebello Hills Specific Plan Project and, therefore, exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Government Code section 65457(a) and CEQA Guidelines Section 15182, which expressly exempt residential projects undertaken to implement, and that is consistent with, an approved specific plan for which an EIR was certified, and California Public Resources Code Section 21083.3(a) and (b); and

3. Authorize the City Clerk, City Treasurer, and City Engineer to execute the Certificate on the map showing the City’s approval of Final Tract Map No. 82726 in connection with the Montebello Hills Specific Plan Project; and

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

15. TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2024

RECOMMENDATION: It is recommended that the City Council:

February 12, 2025: City Council Meeting Page 6 of 8

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2024 (Second Quarter of Fiscal Year 2024-25); and,

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

16. AUTHORIZE THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT NO. 4273 WITH OPENGOV, INC. FOR PERMITTING AND LICENSING SOFTWARE SOLUTION

RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to execute Professional Services Agreement No. 4273 with OpenGov, Inc. for cloud-based permitting and licensing software solutions provided by Vertosoft in the amount of $101,930 annually for three (3) years with two (2) one-year renewal options, plus one-time implementation costs of $86,800, for a total contract amount not to exceed $393,590; and,

2. Amend the Fiscal Year 2024-25 budget to increase appropriations by $188,730 in Account No. 100-50- 500-6010.40 (General Fund, Community Development, Administration, Machinery & Equipment – Computer Software); and,

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

17. ADOPT RESOLUTION NO. 25-12 AUTHORIZING THE CITY MANAGER AND/OR THE DIRECTOR OF

PUBLIC WORKS TO EXECUTE AGREEMENTS AND AMENDMENTS WITH CALTRANS AND AUTHORIZE

THE EXECUTION OF ALL PROJECT AND/OR RIGHT OF WAY CERTIFICATIONS TO RECEIVE FEDERAL

AND/OR STATE FUNDING FOR TRANSPORTATION PROJECTS

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-12 authorizing the City Manager and/or the Director of Public Works to execute all master agreements, program supplemental agreements, cooperative agreements, fund exchange agreements, and fund transfer agreements and/or any amendments thereto with the California Department of Transportation (Caltrans) and authorize the execution of all projects and/or right of way certifications as necessary for the City of Montebello to receive federal and/or state funding for certain transportation projects; and

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

18. ADOPT RESOLUTION NO. 25-14 ACCEPTING THE 2024 SUSTAINABLE COMMUNITIES PROGRAM ACTIVE TRANSPORTATION & SAFETY PROGRAM GRANT (CP 930) AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE AGREEMENT WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF

GOVERNMENTS (SCAG)

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-14 accepting the Southern California Association of Governments (SCAG) 2024 Sustainable Communities Program Active Transportation & Safety Program grant in the amount of $362,500; and

2. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $362,500 in Account No. 265- 30-334-6040.10 10 (Grants, Public Works, SCAG – SCP Active Transportation, Contract Services Outside Contracts [Expenditures]) and $362,500 in Account No. 265-99-4198.26 (Grants, SCAG - SCP Active Transportation [Revenue]); and

3. Authorize the City Manager to execute the agreement and all other applicable documents as a condition of approval to receive grant funds; and

4. Authorize staff to coordinate with SCAG staff to initiate the environmental clearance processes under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act

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

19. APPROVE ISSUING REQUEST FOR PROPOSAL (RFP) NO. 25-09 FOR FIRE DEPARTMENT

COMPREHENSIVE STRATEGIC PLAN CONSULTING SERVICES

RECOMMENDATION: It is recommended that the City Council:

February 12, 2025: City Council Meeting Page 7 of 8

1. Authorize issuing Request for Proposal (RFP) No. 25-09 for comprehensive strategic plan consulting services for the Fire Department; and

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

20. ADOPT RESOLUTION NO. 25-09 APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN

THE CITY OF MONTEBELLO AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO) TO ACCEPT MONTEBELLO BUS LINES’ PARTICIPATION IN THE ZERO EMISSION

TRANSIT CAPITAL PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-09 approving a Memorandum of Understanding (MOU) between the City of Montebello and the Los Angeles County Metropolitan Transportation Authority (Metro) to accept Montebello Bus Lines’ (MBL) participation in the Zero Emission Transit Capital Program (ZETCP) effective October 1, 2024 through June 30, 2028; and

2. Authorize the City Manager to execute the MOU on the City’s behalf; and

3. Take such additional, related, action that may be reasonable and necessary.

21. APPROVE ISSUING A REQUEST FOR QUOTES (RFQ) NO. Q-25-01 FOR TRANSIT NON-REVENUE RELIEF

VEHICLES

RECOMMENDATION: It is recommended that the City Council:

1. Approve Issuing a Request for Quotes (RFQ), No. Q-25-01 for Transit Non-Revenue Relief Vehicles; and

2. Take such additional, related, action that may be reasonable and necessary

22. APPROVAL OF EMERGENCY PROCUREMENT OF PUBLIC SAFETY RADIO COMMUNICATION'S BACK-

UP GENERATOR

RECOMMENDATION: It is recommended that the City Council:

1. Approve the emergency procurement of a public safety radio communication's back-up generator; and

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

23. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 25-15 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED FEBRUARY 12, 2025

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-15 approving the Warrant Register dated February 12, 2025.

PUBLIC COMMENTS - CONTINUED

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

COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Georgina Tamayo, Mayor Pro Tem

• Scarlet Peralta, Councilmember

• Ric Alonzo, Councilmember

February 12, 2025: City Council Meeting Page 8 of 8

1. Request a presentation outlining proposed locations, budget allocation, staffing, and operational plans for a police substation in South Montebello, along with related public safety initiatives for the district.

2. Request an update on the replacement of the Bluff Road iron fence, including next steps, a projected timeline, and maintenance efforts.

• Salvador Melendez, Mayor

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on February 26, 2025, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, February 9, 2025, no later than 6:00 p.m.

Kimberly Guillen, Senior Deputy City Clerk

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

ITEM # 9

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Fernando Pelaez, Fire Chief

SUBJECT: ADOPT RESOLUTION NO. 25-08 ACKNOWLEDGING RECEIPT OF A

REPORT MADE BY THE FIRE CHIEF OF THE MONTEBELLO FIRE

DEPARTMENT REGARDING THE INSPECTION OF CERTAIN

OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS IN
SUCH OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND
13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE

DATE: February 12, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 25-08 to receive and file annual mandated Fire Department inspection compliance information pursuant to Sections 13146.2 and 13146.3 of the State of California Health and Safety Code: and,

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

FISCAL IMPACT:

The recommended actions have no fiscal impact.

BACKGROUND/DISCUSSION:

California Health and Safety Code Sections 13146.2 and 13146.3 require fire departments that provide fire protection services to perform annual inspections of certain occupancies. These inspections ensure compliance with building standards for public safety. Specifically, inspections are mandated for Educational Group E Occupancies, which include public and private schools used by more than six persons for educational purposes through the 12th grade, and Residential Group R Occupancies, which include facilities containing sleeping units such as hotels, motels, apartment buildings (three or

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

more units), and residential care facilities.

California Health and Safety Code Section 13146.4, effective September 27, 2018, requires fire departments to report annually to their administering authority on compliance with these inspection requirements. Resolution No. 25-08 (Attachment A) acknowledges receipt of the Montebello Fire Department’s 2024 inspection compliance report for the aforementioned occupancies.

ENVIRONMENTAL:

N/A

ANALYSIS:

The Montebello Fire Department has completed the required annual inspections for calendar year 2024. For Educational Group E Occupancies, a total of 28 buildings, structures, and facilities were inspected, resulting in a compliance rate of 100%. For Residential Group R Occupancies, a total of 871 buildings, structures, and facilities were inspected, also achieving a compliance rate of 100%.

SUMMARY:

Resolution No. 25-08 fulfills the requirements of the California Health and Safety Code by formally acknowledging the Montebello Fire Department’s compliance with annual inspection mandates for Group E and Group R occupancies within the City of Montebello.

The City Council is requested to approve Resolution No. 25-08 (Attachment A) as part of the public record.

ATTACHMENT(S)

1. Attachment A - Resolution 25-08

2. Attachment B - Community Risk Reduction Division

ATTACHMENT A
RESOLUTION NO. 25-08

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA,

ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE

MONTEBELLO FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN

OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.

WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Montebello Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the Montebello Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3 and
WHEREAS, the Council of the City of Montebello intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Montebello Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Montebello that said Council expressly acknowledges the measure of compliance of the Montebello Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City of Montebello, as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of Montebello, there lie 28 Group E occupancies, buildings, structures and/or facilities.

During calendar year 2024, the Montebello Fire Department completed the annual inspection of 28 Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.

2 RESOLUTION NO. 25-08

Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution.

B. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub- classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc.

The residents may also be non-ambulatory or bedridden. Within the City of Montebello, there lie 871 Group R (and their associated sub-categories) occupancies of this nature.

During calendar year 2024, the Montebello Fire Department completed the annual inspection of 871 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of about 100% for this reporting period.

PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF FEBRUARY 2025.

Salvador Melendez, Mayor
ATTEST: APPROVED AS TO FORM:

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

3 RESOLUTION NO. 25-08

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, do hereby certify that the foregoing City Council Resolution No. 25-08 was duly and regularly approved and adopted by the City Council of the City of Montebello at their meeting held on the 12th day of February 2025, as approved by law by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

Christopher Jimenez, City Clerk

Montebello Fire
Department
Community Risk Reduction
Division

ATTACHMENT B

Who are we?
The Montebello Fire Department provides for life safety, property & environmental conservation through hazard reduction in Our Community Risk Reduction Division (CRRD).

CRRD staff utilize Education, Engineering & Enforcement in conjunction with the California Fire Code, NFPA Standards and industry best practices to identify and mitigate issues within our jurisdiction.

The CRRD participates
-Conditional Use Processes & Planning -Special Events Planning & Inspections -New and existing occupancy inspections - Emergency Operations Center -New construction & Fire Engineering - Public Education -Hazardous Materials - Training
-Fire & Arson Investigations - Regional Task Force Participants

Staff
A Few but crucial members of our Division are :
-Fire Marshall-Arson Investigator Daniel SiFuentes
-Fire Captain-Arson Investigator Gary Robinson
-Fire Inspector Yvette Fernandez
-Fire Inspector Steven Minnig
-Fire inspector Jacob Schwenk
-Senior Administrative Assistant Veronica Lara
-Senior Administrative Assistant Blessing Tualega

Senate Bill 1205
BACKGROUND: The California Health and Safety Code §13146.4 was amended and became effective into law on September 27, 2018. In addition to Senate Bill 1205, this section was created in response to numerous inquiries by the state legislature regarding the 2016 "Ghost Ship Fire" that occurred in the city of Oakland. The fire occurred in a warehouse that was illegally converted into a housing complex. As a direct result of the fire, 36 people were killed

Inspections
• California State Mandated Inspectons:
- E’s= Educational
- I’s= Institution’s (Jails, Hospitals, Daycare home)
- R’s= Residential (Multi-family R-2’s)
- R-1= Hotels/Motels
- Residential Care Facilities
- High Rise Structures

Questions?

ITEM # 10

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Kimberly Guillen, Senior Deputy City Clerk

SUBJECT: REVIEW OF CURRENT CITY COUNCIL ASSIGNMENTS TO VARIOUS

BOARDS, AGENCIES, AD HOC AND TASK FORCE COMMITTEES

DATE: February 12, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Review and take action to fill City Council assignments to various Boards, Agencies, Ad Hoc Committees and Task Force Committees; and

2. Designate the Mayor as the representative to the Los Angeles County-City Selection Committee and the Mayor Pro Tempore as the alternate representative; and

3. Designate the Mayor as the representative to the Board of Directors of Sanitation District No's. 2 and 15 of Los Angeles County, and designate a member of the City Council as the alternate; and

4. Establish an Economic Development and Workforce Development Ad Hoc Committee; and

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

FISCAL IMPACT:

There is no fiscal impact associated with these assignments.

BACKGROUND/DISCUSSION:

Annually, following the City Council reorganization meeting, the City Council reviews assigning Councilmembers to represent the City on various Boards, Agencies, Ad Hoc, and Task Force Committees. The City Council will review the current assignments, attached herein as Attachments A and B, to either confirm or make recommendations as

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

desired. The City Council may recommend dissolving an Ad Hoc once the committee has fulfilled its intended purpose.

At the December 11, 2024 City Council meeting, in accordance with Montebello Municipal Code Section 2.08.010 (Council Reorganization), the City Council reorganized by selecting one of its members as Mayor and Mayor Pro Tempore.

As a result of the selection of a new Mayor and Mayor Pro Tempore, the City must also designate representatives to the Los Angeles County-City Selection Committee (City Selection Committee) and the Los Angeles County Sanitation District No's. 2 and 15 (Sanitation District). Those agencies require that the Mayor be designated the representative; the Mayor Pro Tempore must be the alternate representative for the City Selection Committee and any Councilmember may be designated the representative for the Sanitation District.

At the January 8, 2025, City Council meeting, the City Council reached a consensus to establish an Economic Development and Workforce Development Ad Hoc Committee.

This Ad Hoc will focus on upcoming opportunities in Montebello, including the 2028 Olympic Games and other major events. With the City's recent adoption of the Economic Prosperity Plan, there are numerous opportunities to strategically plan for Montebello’s growth and development.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council review the list of assignments to the various Boards, Agencies, Ad Hoc, and Task Force Committees and either confirm or make any recommendations as desired; and establish an Economic Development and Workforce Ad Hoc Committee. The attached lists (Attachments A and B) show the current City Council appointments and are presented for the City Council’s review.

ATTACHMENT(S)

1. Attachment A - CC Assignments to Regional Boards - 2024

2. Attachment B - City Ad Hoc and Task Force Assignments 2024

2024

ORGANIZATION COUNCIL

REPRESENTATIVE

ALTERNATE

REPRESENTATIVE STIPEND MEETING INFORMATION LOCATION CONTACT EMAIL/PHONE County of Los Angeles
Sanitation Districts
Peralta* Melendez $125.00 Meets 2nd and 4th Wednesday
1:30 p.m.; *Delegate must be
Mayor; anyone can be
alternate.

Sanitation Districts of Los Angeles
County
1955 Workman Mill Road, Whittier, CA
90601
Kim Christensen 562-908-4288 ext. 1101;
[email protected]
Los Angeles County City
Selection Committee
Peralta* Melendez* $0 Meets 2-4 times a year
as needed; *Delegate must be
Mayor, and Alternate must be
MPT.

Various locations in Los Angeles County Lee Millen [email protected] San Gabriel Valley Council of
Governments (SGVCOG)
Torres
(Effective 04/10/24)
Tamayo
(Effective 04/10/24)
$75.00 Every 3rd Thursday of the
month at 4pm, with a few
exceptions of Special Meetings
Upper San Gabriel Valley Municipal
Water District
1333 S. Mayflower Ave., Ste. 360
Monrovia, CA 91016 (in person)
Katie Ward /
Stefanie
Hernandez
[email protected] ;
[email protected]; Office 626-457-
1800
Capital Projects Committee -
Alameda Corridor East
Authority (ACE)
Torres Peralta
(Effective 04/10/24)
$0 Meets every 1st Monday
11:00 a.m.

SGVCOG
1333 S. Mayflower Avenue,Suite 360,
Monrovia 91016
Yanin Rivera/
Kevin Lai
(626) 457-1800; [email protected];
[email protected]
Gateway Cities Council of
Governments
Tamayo Peralta
(Effective 04/10/24)
$125.00 Meet 1st Wednesday of the
month
6:00 p.m.

Gateway Cities Office
16401 Paramount Blvd, Paramount, CA
Genny Cisneros [email protected] / (562)
663-6850
Independent Cities
Association
Melendez
(Effective 04/10/24)
Tamayo
(Effective 04/10/24)
$0 Meets 2nd Thursday of the
month
7:00 p.m.

Location varies each month - [email protected]
Montebello Chamber of
Commerce
Tamayo Torres $0 4th Wednesday of the month
at 8 a.m.

Montebello Chamber of Commerce
817 West Whittier Blvd.

Montebello, CA 90640
Adriana Dugan [email protected]
League of California Cities Torres Peralta $0 Meets four times a year, 4th Thursday of the month; 6-8
p.m. Schedule found at
www.lacities.org
Location Varies Kristine
Guerrero,
League Staff;
Jennifer Quan,
[email protected]; 626-716-0076;
[email protected] (626) 786-5142
Los Angeles County Vector
Control District
(LACVCD)
Avik Cordeiro
(Resident
Reappointed
11/10/2021-11/2025
for a period of 4 yrs.)
- $100.00 Meets 2nd Thursday of the
month
7:00 p.m.

L.A. County Vector Control District
Headquarters
12545 Florence Avenue
Santa Fe Springs, CA 90670
Truc Dever [email protected]
Southeast Area Animal
Control (SEAACA)
Peralta Tamayo
(Effective 04/10/24)
$225.00 Meet 3rd Thursday
2:00 p.m.

Seaaca Office
9777 Seaaca Street
Downey, CA 90241
Cathy Kyle,
Manager,
HR/Finance
[email protected] / (562) 803-
3301 Ext. 221
Southern California
Association of Governments
(SCAG)
Peralta Melendez $0 - unless
Regional
Councilmemb
er (CM) or
Policy CM
General Assembly Business
meeting meets once a year in
May (May 2-3, 2024 in Palm
Dessert)
SCAG Main Office
Wilshire Grand Center
900 Wilshire Boulevard, Suite 1700
Los Angeles, CA 90017
Maggie
Aguilar/Cecilia
Pulido
Maggie Aguilar, Clerk of the Board, (213)
630-1420, [email protected]
Cecilia Pulido, Deputy Clerk of the Board,
(213) 630-1480, [email protected]
City Council Regional Board Assignments
City Council Action: January 10, 2024
Updated

ATTACHMENTA

2024
Name of Committee/Task Force Members Name #1 Name #2 Date of Appointment Ashiya Sister City Association 1 Peralta 1/10/2024
Stepanakert Sister City Association 1 Melendez 1/10/2024 Innovating Commerce Serving
Communities Ad-Hoc” 2 Peralta Melendez 1/10/2024
* J
oint School District Ad Hoc 2 Torres Tamayo Pending Approval from MUSD
Washington Goldline Coalition 2 Torres 1/10/2024
Adventist White Memorial Ad Hoc 2 Melendez Torres 1/10/2024 Ad Hoc and Task Force Assignments
Updated 6/11/2024

ATTACHMENT B

ITEM # 11

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Kimberly Guillen, Senior Deputy City Clerk
Samantha Nevarez, Management Analyst

SUBJECT: CONSIDERATION OF FILLING VACANT COUNCILMEMBER POSITION

DATE: February 12, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt a Resolution No. 25-13 to fill the City Council Vacancy by one of the following options:

2. Fill the Vacancy by Special Election to be held not less than 114 days from the call of the Special Election; or

3. Fill the Vacancy by Appointment until the next regularly scheduled General Municipal Election to be held November 3, 2026, and

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

FISCAL IMPACT:

The two options available to fill the current vacancy on the City Council have different fiscal impacts.

Per the Los Angeles County Registrar Recorder’s office, if the City Council selects Option No. 1 - to call a Special Election, it would cost, at a minimum, approximately $450,000 - $510,000. Notably, the Los Angeles County Registrar Recorder’s office informed the City that Council District 4 currently has 6,889 registered voters. When compared with Council District 5, which has 5,810 registered voters, Council District 4 has 1,089 more voters.

For this reason, it is expected that a special election for Council District 4 will significantly be over the estimated cost of $450,000 - $510,000. It is important to note that many factors go into an election as required by state and local laws. Elections encompass labor and operations costs in addition to printing a sample ballot booklets for all 6,889

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

registered voters receiving Vote-by-Mail ballots. We are also required by law to have early voting, which requires facility rentals, agreements, staffing, and all necessary accommodations required by the Los Angeles County Registrar-Recorder. These election requirements are required for any election in Los Angeles County. This special election expense was not considered as part of the Fiscal Year 2024-25 budget, therefore a budget amendment would be needed. For comparison purposes, the 2022 General Election (latest cost information available from Los Angeles County) cost the City $196,044. If the City Council selects the option to fill the vacancy by appointment, there will be no fiscal impact aside from staff time required to administer the appointment process and provide orientation and related assistance to the new Councilmember.

If the City Council selects Option No. 2 - to fill the vacancy by appointment, there will be no fiscal impact to the City.

BACKGROUND/DISCUSSION:

On January 28, 2025, Councilmember David Torres resigned from his position with the City of Montebello effective immediately. This resignation created a vacancy in District 4.

Under Government Code Section 36512(b), the City Council may choose to fill the unscheduled vacancy in District 4 either through an appointment or by calling a Special Election within 60 days of the vacancy (Government Code Section 36512). The 60-day deadline is on March 29, 2025.

ENVIRONMENTAL:

N/A

ANALYSIS:

As a result of the unscheduled vacancy, the City Council is obligated to fill the vacancy of David Torres' 4-year term, which ends in December 2028 until the next General Municipal Election on November 3, 2026. Pursuant to Government Code Section 36512(b), once a vacancy of an elected office exists, the City Council has 60 days to choose one of the following:

1. Fill the vacancy by Special Election, Government Code Section 36512 (b)(1) states if the Council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the Special Election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. Currently, the Los Angeles County Registrar-Recorder/ County Clerk does not have any upcoming elections in 2025.

Therefore, this would be a Special Election and not consolidated with any Federal, State, or County Contests. The City of Montebello would be fully responsible for all costs incurred. The estimated cost for a Special Election per the Los Angeles County Registrar Recorder's Office is approximately $450,000 - $510,000 (Attachment C). If the Council wishes to proceed with this option, staff will prepare the appropriate resolutions with the Los Angeles County Registrar-Recorder/ County Clerk for consideration and approval at

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

a Special Meeting. The special election will require candidates to engage in the candidate nomination process, the same process followed in the past election of November 5, 2024.

OR

2. Fill the vacancy by appointment until the next regularly scheduled general election to be held on November 3, 2026. The City of Montebello Municipal Code does not include an appointment process for filling vacancies in elected offices. The City Council can solicit applications and conduct interviews prior to making the appointment.

The City Council may choose (but is not required) to solicit and/or conduct interviews prior to making the appointment. A draft application is attached (Attachment B) for reference only. If the City Council wishes to fill the vacancy by appointment, the appointment can be made at any time within 60 days of the vacancy. Since the vacancy was effective January 28, 2025, and if the City Council opts to fill the vacancy by appointment, it is recommended that the City Council hold a Special Open Session during the regularly scheduled Council Meeting on February 26, 2025, or a time convenient, to consider applications and make an appointment.

Any person appointed to fill the vacancy must be a citizen of the United States, a resident of District 4, a registered voter in the City of Montebello - District 4 at the time the application is completed, and at least 18 years of age at the time of appointment. A person is disqualified from holding office upon conviction of a felony as specified in the Montebello Municipal Code §2.08.040.

In accordance with Government Code Section 36512(a)(2)(A), if the City Council fills the vacancy by appointment, the appointee will serve until the next general municipal election, which is scheduled at least 130 days after the council is notified of the vacancy.

The appointee will continue in office until a person elected to fill the vacancy has been qualified and assumes the position. The person elected will then serve for the remainder of the unexpired term.

The attached Resolution (Attachment A) is prepared for the Council to select any of the options presented. If the Council chooses Option No. 2, the City Clerk would advertise the vacancy, and the next Council action would take place during the Regular Meeting scheduled on February 26, 2025. The City Council would then consider applications and make an appointment. The appointee would have to be selected and take their oath of office on or before, March 29, 2025, and would assume their seat during the Regular Meeting on March 12, 2025.

SUMMARY:

Staff recommends that the City Council fill the Councilmember Vacancy by appointment or call a Special Election and take such additional, related action that may be desirable.

ATTACHMENT(S)

1. Attachment A - Resolution No. 25-13

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

2. Attachment B - Council Vacancy Application

3. Attachment C - Special Election Cost

ATTACHMENT A
RESOLUTION NO. 25-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

SELECTING AN OPTION TO FILL AN UNSCHEDULED CITY COUNCIL VACANCY IN DISTRICT 4 AS A RESULT OF RESIGNATION WITH A TERM ENDING IN DECEMBER 2028
WHEREAS, District 4 Councilmember David Torres submitted his resignation from the City of Montebello effective January 28, 2025; and
WHEREAS, Government Code Section 36512 (b) provides the City Council the option within 60 days of the vacancy to fill the vacancy by appointment or by calling a special election; and
WHEREAS, pursuant to Government Code Section 36512 (b), once a vacancy exists, the City Council has 60 days to choose on one of the following options:

1. Fill the vacancy by Special Election on a date not less than 114 days from the call of the Special Election;

2. Fill the vacancy by appointment until the next regularly scheduled election to be held on November 3, 2026, by soliciting applications and conducting interviews prior to making the appointment and holding a Special Open Session during the Regular Council Meeting scheduled on February 26, 2025, or a time convenient, to consider said applications and make an appointment.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Montebello, California, does hereby select Option No. ___ to fill the vacancy until the next General Municipal Election scheduled on November 3, 2026.

APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2025.

Salvador Melendez, Mayor
ATTEST: APPROVED AS TO FORM:

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

RESOLUTION NO. 25-13

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 25-13 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at the Regular City Council Meeting held on the 12th day of February 2025 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE:

Christopher Jimenez, City Clerk

APPLICATION FOR CITY COUNCIL APPOINTMENT FOR FILLING OF THE VACANCY Pursuant to Government Code section 36512(b), the Montebello City Council is seeking eligible applicants to fill the District 4 – Councilmember vacancy through the remaining term, which expires December 2026. Interested applicants must meet the eligibility criteria set forth and submit a completed application, including mandatory attachments, in person or by email, to the Montebello City Clerk office staff, time-stamped, no later than Wednesday, February 19, 2025, on or before 5:30 p.m. Please note that Office Hours are Monday through Thursday from 8:00 a.m. to 5:30 p.m. Failure to complete the application or submit any attachments to the application will disqualify an interested applicant from consideration.

ELIGIBILITY.

To serve on the Montebello City Council, an applicant must be at least 18 years of age, reside, and be a registered voter in the City of Montebello – District 4. In addition, applicants must complete a felony conviction declaration form per Montebello Municipal Code §2.08.040. The person appointed to serve as Council shall be required to complete and file a Form 700 Statement of Economic Interest disclosing various financial interests.

Mandatory Items to Submit:

1. Application (submitted electronically via email and/or in person). a. Please include Full Name and Residential Address for the City Clerk’s office to verify residency and voter status.

2. Candidate Statement - must be typed and contain a minimum of 250-500 words (submitted electronically via email and/or via USB with the application).

3. Felony Conviction Declaration.

Form 700 Statement of Economic Interest
If appointed, the person appointed will be required to file a Form 700 Statement of Economic Interest annually.

Applicants to be considered for this appointment must be available for the City Council at the Regular Meeting scheduled for Wednesday, February 26, 2025, at 6:00 p.m. During this meeting each applicant will be given the opportunity to provide a public statement to the City Council. Each applicant will be given 2 minutes to speak. The City Council reserves the right to ask follow up questions of each applicant during the meeting.

GENERAL INFORMATION.

The City of Montebello is a general-law city that operates through the Council-City Manager form of municipal government. The City Council is the legislative body responsible for the overall policies and direction for the City of Montebello, and they are the citizens’ representatives in local government. It is the City Council's responsibility to enact Ordinances, Resolutions, and orders

necessary for governing the affairs of the City, to approve or amend the annual budget, to authorize contracts on behalf of the City, act as the final appeal body on rulings of commissions, and appoint the City Manager and all members of the various commissions and committees.

The Regular Meeting of the City Council is a vital part of the democratic process in the conduct of the City's affairs. It is at City Council meetings that laws, policies, and basic decisions are enacted by the City Council. All meetings of the City Council are open to the public, and citizens are encouraged to attend to learn more about how the City operates. City Council meetings are held at the City Hall Council Chambers, 1600 West Beverly Boulevard, on the second and fourth Wednesday of each month. Additional meetings may be called as necessary. In addition to attendance at city council meetings, the individual appointed must be available to actively participate as a Council liaison to numerous external agencies and organizations and to attend city-sponsored events.

THE VACANCY.

The City Council seeks eligible candidates for appointment to fill one (1) unexpired term of the City Council seat. The selected candidates will serve through the remaining term, which expires December 9, 2026.

PUBLIC INFORMATION.

Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record immediately. This includes all documents submitted to the City during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.

APPLICATIONS ARE DUE BY WEDNESDAY, FEBRUARY 19, 2025, BY NO LATER THAN 5:30 P.M.

Please submit a completed application and requested documents to the Montebello City Clerk’s office or via email:

DROP OFF: Montebello City Clerk’s Office
1600 W. Beverly Boulevard, Montebello, CA 90640
(Office Hours: Monday – Thursday from 8:00 a.m. – 5:30 p.m.) Please request to speak with either Kimberly Guillen, Senior Deputy City Clerk, or Nelly Ochoa, Deputy City Clerk.

EMAIL: [email protected]
(The City is not responsible for technological errors in the transmission of the application/attachments via email)
For questions regarding this application or the appointment process, please contact the Montebello City Clerk at (323) 887-1363 or at [email protected]

CANDIDATE INFORMATION

NAME (FIRST, MIDDLE, LAST)
RESIDENTIAL ADDRESS (NOTE: Cannot be a mailing address or PO Box)

TELEPHONE BUSINESS PHONE

EMAIL ADDRESS
ARE YOU A MONTEBELLO REGISTERED VOTER? ￿YES ￿NO
ARE YOU A RESIDENT OF MONTEBELLO? ￿YES ￿NO
HOW LONG HAVE YOU BEEN A RESIDENT?
ARE YOU A UNITED STATES CITIZEN? ￿YES ￿NO
NOTE: THE CITY OF MONTEBELLO RESERVES THE RIGHT TO USE THE INFORMATION

PROVIDED ON THIS APPLICATION TO VERIFY YOUR RESIDENTIAL ADDRESS AND VOTER REGISTRATION STATUS.

Have you ever been convicted of a crime that would
prohibit you from holding elective office pursuant to
California Elections Code Section 20?
￿YES ￿NO
Are you aware of the time commitment necessary to serve on the city council, and will you have such time? Regular meeting dates are the 2nd and 4th Wednesday of each
month, with additional special meetings from time to time. ￿YES ￿NO
State law and the city conflict of interest code requires city council members to file a statement of economic interests (form 700) annually as well as related forms when
assuming.

And leaving office (e.g., sources of income, loans, gifts, investments, interest in real property as required by state law)
Do you agree to file all required forms in a timely manner as required by the city’s filing official?
￿YES ￿NO

AN APPLICANT MAY ATTACH ANY ADDITIONAL INFORMATION THEY BELIEVES IS PERTINENT TO BEING CONSIDERED TO BE APPOINTED TO THIS POSITION. THIS

COULD INCLUDE A RESUME, CURRICULUM VITAE, STATEMENT OF BACKGROUND

AND EXPERIENCE, AND/OR STATEMENT OF QUALITIES THAT THE APPLICANT

BELIEVES MAKES THEM SUITED TO SERVE IN THE POSITION OF COUNCILMEMBER FOR DISTRICT 4.

PLEASE NOTE THAT THIS APPLICATION BECOMES PUBLIC INFORMATION I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge.

Signature of Applicant Date

CITY OF MONTEBELLO

OFFICE OF THE CITY CLERK
TO:All candidates applying for the City Council Vacancies SUBJECT:Compliance with Montebello Municipal Code §2.08.040 You have completed an application for the City Council at-large seat. Accordingly, you must comply with the provisions of Montebello Municipal Code §2.08.040, which reads as follows:

2.08.040 - Prohibition of convicted felons from holding elective office.

Any person shall be disqualified from being an elective officer of the City of Montebello if that person has been convicted of a felony. Prior to running for elective office, a candidate is required to execute, under penalty of perjury, a statement indicating the candidate has not been convicted of a felony.

In order to complete your application for City Council, you must complete and file the declaration set forth below and return the same to the Office of the City Clerk no later than 5:30 p.m. on Wednesday, February 19, 2025. Your failure to file this statement will result in your candidacy being deemed incomplete, and you will not be eligible for the Council Vacancy.

If you have any questions, please contact Kimberly Guillen at 323-887-1359. Thank you.

DECLARATION OF CANDIDATE REGARDING FELONY CONVICTION
I, ________________________________, do hereby declare that I have applied for the City Council Vacancy for the City of Montebello. Pursuant to Montebello Municipal Code §2.08.040, I am required to execute a statement, under penalty of perjury, that I have not been convicted of a felony. I do hereby state and affirm, under penalty of perjury, that I have (check one):
￿NOT BEEN CONVICTED OF A FELONY
￿BEEN CONVICTED OF A FELONY
Dated: February _____, 2025 Signature:

Print Name:

Outlook
RE: [External Email] City of Montebello - Requesting an Estimate for a Special Election From Alex Olvera <[email protected]>
Date Thu 2/6/2025 5:37 PM
To Guillen, Kimberly <[email protected]>
External Sender - From: (Alex Olvera
<[email protected]>)
This message came from outside your organization.

Good evening, Kimberly.

A special election for Council District 4 would be estimated to cost more than a special election for Council District 5.

The current registered voter population of Council District 4 is 6,899. If you compare it to the current registered voter population of Council District 5 which has 5,810 voters, Council District 4 has 1,089 more voters than Council District 5. Consequently, the estimate for Council District 4 would be greater than the $450K – $ 510K range that our Financial Services team provided your City on 1/17/25 since the registered voter count is an important factor in estimate calculations.

I hope this is responsive to your request for explanation. As for the estimate, I will ask Financial Services to work on it. This should take about 2 weeks to generate and release (target date of 2/21/25). Please stay tuned.

Thank you much.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Alex Olvera, Division Manager
Election Information and Preparation
Los Angeles County Registrar, Recorder and County Clerk 12400 Imperial Highway, Room 7020-B, Norwalk, CA 90650
(562) 462-2815 | [email protected]
THIS E-MAIL IS MEANT ONLY FOR THE INTENDED RECIPIENT AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, OR REPRODUCTION IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL AND DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. For more information about the Los Angeles County Registrar-Recorder/County Clerk, please visit
http://www.lavote.gov

ATTACHMENT C

From: Guillen, Kimberly <[email protected]>
Sent: Thursday, February 6, 2025 5:20 PM
To: Alex Olvera <[email protected]>
Subject: City of Montebello - Requesting an Estimate for a Special Election

CAUTION: External Email. Proceed Responsibly.

Good Afternoon Alex,

We would like to request an official estimate for a Special Election in District 4, due to a recent Council resignation. Could you please confirm if the cost would be similar to the estimate we previously received for District 4, or if it would be higher? If so, could you provide an explanation for the difference?

Thank you,

Kimberly Guillen
Senior Deputy City Clerk
Department of Administration
1600 W Beverly Blvd., Montebello, CA 90640
p: 323-887-1359
w: www.MontebelloCA.gov
e: [email protected]

Office Hours:

Monday – Thursday, 7:30 a.m. – 5:30 p.m. Closed every Friday.

---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***

ITEM # 12

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Samantha Nevarez, Management Analyst
Kimberly Guillen, Senior Deputy City Clerk

SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 4005 WITH

AVENU INSIGHTS & ANALYTICS, LLC

DATE: February 12, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement No. 4005 with Avenu Insights & Analytics, LLC for document scanning services, for an additional One-Year (1) Year term (through June 30, 2026) for a total not-to-exceed amount of $250,000; and

2. Authorize the City Manager to execute and finalize Amendment No. 2 to Agreement No. 4005 on behalf of the City of Montebello; and

3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $125,000 in Account No. 100-10-110-6040.10 (City Clerk-Contract Services Outside Contracts); and

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

FISCAL IMPACT:

In August 2022, City staff established an agreement with Avenu for document scanning services at a cost of $45,000. In May 2023, staff requested a budget amendment to increase the annual expenditure amount to $125,000, and extend the contract term through June 30, 2025, with the option for two additional one-year extensions.

The City currently has three (3) estimates for the cost of necessary, additional document scanning and indexing services:

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

1. Planning Department: $75,998 which includes 39 boxes of records that were picked up in August 2024.

2. Public Works Department: $6,686 which includes 1,500 as-built plans and 535 sewer plans (24" x 36") that were picked up in October 2024.

3. Building Department: $139,738 which includes 8 filing cabinets (averaging 4 boxes per cabinet) for a total of 32 boxes of records and 8 additional miscellaneous boxes for a total of 40 boxes.

If approved, Amendment No. 2 to Agreement No. 4005 with Avenu will modify the term and compensation amount of the agreement. The new updated term will expire on June 30, 2026, and the updated annual not-to-exceed amount will be $250,000 ($125,000 increase). The agreement will still include one (1), one (1) year extension option if authorized before this date. This additional work requires amending the Fiscal Year 2024- 25 budget by increasing appropriations by $125,000 in Account No. 100-10-110-6040.10 (City Clerk-Contract Services Outside Contracts). A full breakdown of the annual compensation can be found in Exhibit C of Agreement No. 4005 (Attachment B). This Amendment will support the digitization and indexing of a large volume of records, as well as text-searchable imports that will be imported into the City's Laserfiche system.

BACKGROUND/DISCUSSION:

In August 2022, the City established Agreement No. 4005 with Avenu in an amount not- to-exceed $45,000. This service was established under the City Manager’s authority (Montebello Municipal Code Section 3.20.080 – Formal Contract Procedure) using an existing vendor agreement between Fulton County, Kentucky and Avenu. In February 2022, Fulton County established an agreement/purchase order with Avenu through a competitive process. Avenu allowed the City to purchase services using the same terms, conditions, and pricing/discount rates (Piggyback Purchase). This exception to the standard bidding process is authorized under Montebello Municipal Code Section

3.20.050 – Piggyback Purchase.

Upon approval of the initial agreement in 2022, staff commenced using the service to scan documents from the Building and Safety Division. This was due to the extensive amount of public records request for building permits. It was discovered that the number of documents required to be scanned (retained) was larger than the original scope of work envisioned. In an effort to provide greater and easier access to public records, at the May 10, 2023, City Council meeting Amendment No. 1 to Agreement No. 4005 was approved to increase the not-to-exceed amount to $100,000 per fiscal year, and authorize the City Manager to increase that amount by an additional $25,000 per fiscal year - for a total not-to-exceed amount of $125,000 per fiscal year. The additional funding request has been utilized to complete the scanning in Community Development, Public Works and City historical documents.

As the scanning process progressed since 2023, it became apparent that the volume of documents that required scanning and retention was significantly higher than initially anticipated. The original scope of work had not fully accounted for the extensive number

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

of records involved, leading to a larger workload than originally envisioned. This realization required a reassessment of the project’s scope and additional resources to ensure all necessary documents were properly scanned and preserved according to the City's Retention Schedule.

To continue using the services of Avenu, staff is seeking approval of Amendment No. 2 to Agreement No. 4005 (Attachment B) to increase the not-to-exceed amount an additional $125,000 for the remainder of FY 2024-25 for a total not-to-exceed amount of $250,000, and to extend the services for a one (1) year extension ending June 30, 2026.

This agreement amendment will allow for the uninterrupted continuation of scanning services, support the digitization and streamlining of Public Records Requests, and contribute to the successful completion of the City's Record Retention Project.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council approve Amendment No. 2 to Professional Services Agreement No. 4005 (Attachment B) with Avenu Insights & Analytics, LLC for document scanning services, including a one-year extension of the agreement, expiring June 30, 2026; and amend the Fiscal Year 2024-25 budget by increasing appropriations by $125,000 in Account No. 100-10-110-6040.10 (City Clerk - Contract Services Outside Contracts) to support the Citywide Records Retention Project; and authorization for the City Manager to execute Amendment No. 2 to Agreement No. 4005, along with any necessary related actions.

ATTACHMENT(S)

1. Attachment A - Agr No. 4005 - Avenu Insights

2. Attachment B - Agr No. 4005 - Avenu - Amendment No. 1

3. Attachment C - Agr No. 4005 - Avenu - Amendment No. 2

4. Attachment D - Quote for Additional Services FY 24/25

5. Attachment E - Avenu Insights and Analytics - Building Department Quote - Montebello CA - October 2024

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4005

WITH AVENU INSIGHTS & ANALYTICS, LLC
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on August 22, 2022 ("Effective Date"), by and between the CITY OF MONTEBELLO, a California municipal corporation (the "CITY") and Avenu Insights & Analytics (the "CONSULTANT"). The CITY and the CONSULTANT are sometimes referred to herein individual as the "Party," and jointly as the "Parties."

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide document scanning services in the CITY; and
WHEREAS, the CITY has received authorization to purchase services using the terms and conditions of a competitively bid agreement between the CONSULTANT and Fulton County Clerk, Kentucky; and
WHEREAS, the CONSUL TANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; 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. INCORPORATION OF RECITALS AND OTHER CONTRACT

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

1. This Agreement and its Exhibits, including scope of work, fee schedules, and any and all addenda or supplemental agreements.

2. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

3. Redacted Agreement between CONSULTANT and Fulton County Clerk, Kentucky.
b. These documents shall be collectively referred to herein as the "Contract Documents." In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES/ COMPENSATION.
a. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT NO. 4005

b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide document scanning services as set forth fully in the scope of work, as such is set forth fully in Exhibit "A" attached hereto and incorporated fully herein by this reference (hereinafter "Professional Services") in an amount not-to-exceed Forty-Five Thousand Dollars ($45,000). Any increases to the not-to-exceed amount shall not be due to CONSULTANT without prior written approval by the CITY.
c. The CONSUL TANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit "C" and incorporated fully herein by this reference ("Compensation"). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSUL TANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written "Notice to Proceed" (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY's applicable, department head.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSUL TANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

PROFESSIONAL SERVICES AGREEMENT NO. 4005

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within thirty (30) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within thirty (30) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to

PROFESSIONAL SERVICES AGREEMENT NO. 4005

the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days' written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSUL TANT the part of Compensation which would otherwise be payable to the CONSUL TANT for services the CONSUL TANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any "non- refundable" costs that the CONSUL TANT has incurred for its services under this Agreement, provided that: (1) such "non- refundable" costs were incurred by the CONSUL TANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such "non-refundable" costs may include, but are not limited to, travel reservations incurred by the CONSUL TANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. . EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT CONSUL TANT.
a. The CONSUL TANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSUL TANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT's employees or the CONSULTANT's subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the

PROFESSIONAL SERVICES AGREEMENT NO. 4005

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

SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees' Retirement System ("CalPERS"} annuitant, the CONSUL TANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s} to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSUL TANT or any employee, agent, or subconsultant of the CONSULT ANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSUL TANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSUL TANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed

PROFESSIONAL SERVICES AGREEMENT NO. 4005

boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT's negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

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

PROFESSIONAL SERVICES AGREEMENT NO. 4005

f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services' commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: GSkibar @cityofmontebello .com
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY's Risk Manager such certificate(s). h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days' prior written notice to the CITY. The CONSUL TANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
j. The insurance provided by the CONSUL TANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSUL TANT's insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSUL TANT's employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSUL TANT hereby waives all rights of subrogation against the CITY.

PROFESSIONAL SERVICES AGREEMENT NO. 4005

I. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. m. Procurement of insurance by the CONSUL TANT shall not be construed as a limitation of the CONSULT ANT'S liability or as full performance of CONSUL TANT's duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. LIMITATION OF LIABILITY

NEITHER PARTY WILL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY

SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND RESULTING FROM THE PERFORMANCE OR NON­

PERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT EVEN IF THOSE

DAMAGES ARE ATTRIBUTED TO BREACH OF THIS AGREEMENT, TORT, NEGLIGENCE, OR OTHER CAUSE OF ACTION. THE PARTIES AGREE THAT THIS

LIMITATION SHALL APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF NON-DIRECT DAMAGES OR IF, UNDER APPLICABLE LAW, NON­ DIRECT DAMAGES ARE CONSIDERED TO BE DIRECT DAMAGES. EXCEPT FOR

AMOUNTS EXPRESSLY DUE AND PAYABLE TO THE CONSULTANT UNDER THIS

AGREEMENT, IN NO EVENT SHALL EITHER PARTY TO THIS AGREEMENT BE

LIABLE TO THE OTHER PARTY FOR ANY CLAIMS, PENAL TIES OR DAMAGES,

WHETHER IN CONTRACT, TORT, OR BYWAY OF INDEMNIFICATION, IN AN AMOUNT

EXCEEDING THE FEES OR OTHER CHARGES PAID BY THE CITY TO THE CONSULTANT DURING THE THREE (3) MONTHS PRECEDING THE CLAIM.

SECTION 17. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

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

SECTION 18. 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 19. 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

PROFESSIONAL SERVICES AGREEMENT NO. 4005

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

SECTION 20. 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 21. 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 22. 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

PROFESSIONAL SERVICES AGREEMENT NO. 4005

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 23. NOTICE.

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

With a copy to:

If to Consultant:

With a copy to:

City of Montebello
Attn: Rene Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
City of Montebello - City Clerk's Office
Attn: Alicia Fernandez
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200 ext. 367
Email: [email protected]
Avenu Insights & Analytics
Attn: Rachelle Arizmendi
5860 Trinity Parkway, Suite 120
Centreville, VA 20120
(213) 200-6376
Email: [email protected]
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 24. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub- consultant and applicants are

PROFESSIONAL SERVICES AGREEMENT NO. 4005

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 25. CONFLICT OF INTEREST.

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

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

SECTION 26. ENTIRE AGREEMENT.

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

PROFESSIONAL SERVICES AGREEMENT NO. 4005

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

CITY OF MONTEBELLO AVENU INSIGHTS & ANALYTICS, LLC
(,F >
Rene Bobadilla, City Manager Carl Kumpf, Chief Financial Officer ATTEST:

C!La~
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
~~-ArrioM.Ai'rezci 1asman, City Attorney
EXHIBITS:
• Exhibit A - Contractor's Statement of Work
• Exhibit B - Redacted Agreement -Avenu/Fulton County Clerk, Kentucky • Exhibit C - Schedule of Compensation
• Exhibit D - Live Scan Fingerprinting Requirement

ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

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

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

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

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
8/30/2022
Avenu Holdings, LLC5860 Trinity Parkway Suite 120Centreville, VA 2012027120294243313837273 A 1,000,00083 UUN AA68001/24/20221/24/2023300,00010,0001,000,0002,000,0002,000,0001,000,000B 83 UEN AE73651/24/20221/24/202310,000,000C 83 RHU AA66231/24/20221/24/202310,000,00010,000C 83 WE AE7C2X1/24/20221/24/20231,000,0001,000,0001,000,000DPrime Tech E&O/CyberLCY7941231/24/2022Per Claim/Agg2,500,000ECrimeP-001-000245516-033/15/20223/15/2023Limit2,000,000Reference: Agreement #4005 City of Montebello1600 West Beverly Blvd, MontebelloMontebello, CA 90640 GOVEREV-01KBUCHER
Thompson Flanagan Executive Liability Group626 W. Jackson Blvd. 5th FloorChicago, IL 60661Colleen [email protected] Underwriters Insurance CompanyTrumbull Insurance CompanyHartford Casualty Insurance CompanyLandmark American Insurance CompanyAxis Insurance Company X1/24/2023

X XXXXXX

FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:LOC #:

AGENCY NAMED INSUREDPOLICY NUMBERCARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.

Thompson Flanagan Executive Liability Group
GOVEREV-01
SEE PAGE 1
1 SEE PAGE 1ACORD 25Certificate of Liability Insurance
1 SEE P 1Avenu Holdings, LLC5860 Trinity Parkway Suite 120Centreville, VA 20120SEE PAGE 1 KBUCHER1
Additional Named Insureds:1. Government Revenue Solutions Holdings I, LLC2. Avenu Holdings, LLC3. Avenu Insights & Analytics LLC4. MuniServices, LLC d/b/a Avenu MuniServices, LLC5. eGov Solutions, LLC6. Ram Ware, LLC7. Avenu Insights, LLC8. Avenu Canada9. Avenu AcquireCo ULC10. Avenu Pension Administration Solutions ULC11. Avenu SLS Holdings, LLC12. Avenu Local Government Solutions, LLC13. Avenu SLGS Holdings, LLC14. Avenu Unclaimed Property Systems, LLC15. Avenu Enterprise Solutuions, LLC16. Avenu Government Systems, LLC17. Avenu Government Record Services, LLC18. Avenu Title Records, LLC19. The Windward Group LLC20. CSLS Holdings, LLC

EXHIBIT "A"

STATEMENT OF WORK
SCOPE OF WORK AND ASSUMPTIONS: Client (also referred to as the "CITY") desires to have their paper records digitized to free up internal real estate and move toward a more efficient electronic management and delivery of their records. Avenu (also referred to as the "CONSULTANT") submitted a proposal along with a high­ level assessment of the Client's records. As the CITY was unsure as to what exact processes it would desire and for how many records it would be able to complete, there was no total project estimate given. At this time the CITY has not identified the record set priority, type classifications, indexing requirements, or the target digital repository. The CITY has an initial NTE budget of $45,000. Avenu will work alongside authorized CITY staffers and managers to identify which record collection will be the first priority and what processes and procedures must be included to produce the desired digital deliverable. From there, Avenu will create a Work Order that clearly defines the record set, processes to be included, corresponding prices applied according to the pricing matrix provided below, and an estimate as to how many documents and images will be processed for the initial $45,000 budget. Any expenses or costs over the not-to-exceed amount of $45,000 shall be due to CONSUL TANT with prior written approval by the CITY.

A. Avenu Responsibilities

1. Avenu will create a Work Order and project estimate based on the instructions for the initial record set defined by Client.

2. Avenu will provide all technologies, supplies and personnel for the onsite scanning of the records.

3. Avenu will inventory the collection at the box or book level, assigning unique identifiers to each box or book for production tracking.

4. Avenu will prepare the document files or books in a manner suitable for scanning on whatever scanner is required.

5. Avenu will keep all pages of each file or book in the same qrder as originally found.

6. Avenu will scan each page rendering 300 dpi grayscale or color JPGs.

7. Avenu will perform image quality control measure to ensure that all pages of each file or book have been captured .

8. Avenu will return the contents of each file to the box from which they originated and the books to their original location.

9. Avenu will index the files or books according to instructions as received from Client.

10. Avenu will format the images and index data for delivery according to instructions as received from Client.

11. Avenu will closely monitor the production quantities produced to exceed Client's budget of $45,000.

B. Client Responsibilities

1. Client will assign a project manager who will be authorized to direct Avenu staff.

2. Client will sign off on an initial proof of concept before full production commences.

3. Client will be available to answer questions during the course of the project.

4. Client will direct Avenu as to any COVID compliance requirements.

5. Client will make adequate space available to Avenu onsite.

C. Acceptance
Client will notify Avenu in writing within 10 business days of any defect that requires remediation. If not notified to the contrary, Avenu will deem all deliverables as acceptable by Client and will consider all invoicing of said deliverables to be due and payable upon receipt or according to such terms as defined in the contract. It is anticipated that this project will require no more than four weeks onsite at courthouse and no more than 12 months for completion of the entire project.

Services Pricing Matrix

SERVICE UNIT PRICE NOTES
Scan Paper Files sized 12" x 18" or less Image $0.25 Includes Light Prep Scan Paoer Files sized i:ireaterthan 12" x 18" less than 24"x36" Image $2.25 Requiring wide fonnat scanner Scan Bound Books (oermanentlv glued or sewn) 12"x18" or smaller Image $0.85 Scan Loose Books pages less than 12" x 18" Image $0.45 May be unbound and pages less than 12" x 18" For Paper Files sized 12" x 18" or less: Color Image $0.45 For Paper Files sized greater than 12" x 18"Iess than 24"x36" Color Image $0.65 Prepping of files that exceed light Preo or reassembly Hour $37.00 Index fom File folder up to 20 characters Per file $0.45 Index by Document Per document TBD Based on number of fields - Quoted on reQuest Transportation of Records Per-pick-up & delivery TBD Based on distance Records ReQuests - Electronic delivery records per file request $15.00 48hr tum-a round Searchable PDF file Image $0.04
Desctruction of paper files 1.2 cubic foot box Box $75.00 Certified desctruction Project Setup Project $3,000.00 Installing technology onsite

Exhibit "B"
Redacted Fulton County Clerk Agreement
Agreement for
Document Processing Services
Avenu Insights & Analytics, LLC
Fulton County Clerk, Kentucky
~ V E N U
INSICHTS I. ANA(YTI(:$
This agreement for document processing services ("Agreement") is made by and between Avenu Insights & Analytics, LLC, 8600 Harry Hines Blvd., Suite 300, Dallas, TX 75235 ("Avenu''), and Fulton County Clerk, a government entity in the State of Kentucky ("Client''), 2216 Myron Cory Dr., Hickman, KY 42050. Avenu and Client (each individually a .. party" and collectively the .. parties") agree as follows:

1. SERVICES Avenu agrees to provide to Client the document processing services ("Services'") described in the Statement of Work, which is attached to and incorporated in this Agreement as Schedule A, in accordance with the tenns and conditions set forth in this Agreement.

2. TERM This Agreement will become effective on February . I, 2022 (''Effective Date'') and will continue through Januazy 31 2023 ("End Date"). unless otherwise extended or terminated by the parties in accordance with the provisions of this Agreement ( .. Term").

3. PAYMENT Client agrees to pay Avenu for the Services, including any partially completed work performed to the date of termination for loss offundlng or any otherreasonexcept default by Avenu. A venu will submit an invoice to Client for each payment due, and Client agrees to pay each invoice within thirty (30) calendar days after receipt of the invoice.

4. TAXES If Client is by law exempt from property taxes or sales and use taxes, those taxes will not be included in invoices submitted to the Client under this Agreement. Avenu may be considered a limited agent of Client for the sole purpose of purchasing goods or services on behalf of Client without payment of taxes from which Client is exempt. If Avenu is required to pay taxes by determination ofa proper taxing authority having jurisdiction over the products or services provided under this Agreement, Client agrees to reimburse Avenu for payment of those taxes.

5. DELIVERY AND ACCEPTANCE Client will notify Avenu in writing at any time during the one year term of the Agreement, or up to 90 days after completion of the Agreement of any defect that requires remediation. Client will have ten ( I 0) business days to accept and sign off on the deliverable.

Signing for deliverable does not affect Avenu's responsibility to correct any deliverables found up to 90 days from project completion. If Client declines to accept al I or any part of the Services, Client wi 11 provide Avenu a written description of the deficiencies and a reasonable opportunity to cure those deficiencies.

Client will indicate acceptance of the Services in writing. However, if Client fails to accept or decline the Services and deliver a written list of deficiencies to Avenu within the one year term or 90 days after completion of the Agreement, the Service will be deemed to have been accepted by Client.

6. CONFIDENTIALITY With respect to Client business information that is confidential and clearly designated as confidential (''Client Confidential Information"), Avenu will keep that information confidential by using the same degree of care and discretion that is used with information that Avenu regards as confidential. Avenu will not be required to keep confidential any infonnation that: (a) is or becomes publicly available; (b} is already lawfully possessed by Avenu; (c) is independently developed by Avenu outside the scope of this Agreement without reliance on Client Confidential Information; or (d) is rightfully obtained from third parties. A venu is not required to keep confidential any ideas, concepts, Avcnu Agreement ror Docwncnl Processing Services v 12292021

Document Processing Agreement A V E N U
, . - . 0 1rr11., -c. .. n-1•li•-.viro
methodologies, inventions, discoveries, developments, improvements, know-how. or techniques developed by Avenu while providing the Services. Avenu and Client agree to use confidential information only for the purposes of this Agreement and on a strictly need-to-know basis, and will not disclose confidential information to any third party (other than as permitted under this Agreement) or to the employees of the other party, Avenu subcontractors, or permitted consultants engaged by the Client with the prior written consent of A venu.

7. OWNERSHIP, USE, AND RETURN OF DAT A All information, records, documents, tiles, data, and other items relating to the business of Client, whether prepared by Client or Avenu or otherwise coming into the possession of Avenu in connection with performing the Services or otherwise during the Term will remain the exclusive property of Client.

8. ACCESS TO FACILITIES AND INSURANCE Client agrees to provide Avenu with reasonable access to Client facilities for provision of Services, as well as secure storage areas for materials, equipment, and tools, if required. If Avenu performs any of the Services on Client premises, Avenu agrees to maintain standard insurance coverage in accordance with its corporate policy. Upon request, Avenu will provide evidence of coverage on a standard ACORD form certificate of insurance.

9. FORCE MAJEURE Neither party shall be responsible for delays or failures in performance as a result of limitations or problems inherent in the use of the 1ntemet and electronic communications; force majeure events, including but not limited to Acts of God, fire, flood, earthquake, weather, climate change, elements of nature, war, terrorism, civil disturbance, labor disruptions or strikes, quarantines, embargoes, or other governmental action, or cause beyond the reasonable control ofa party.

10. WARRANTIES Avenu warrants that the Services will be performed in a professional and workmanlike manner. If third-party hardware or commercial software is furnished under this Agreement, then "'venu will, to the maximum extent allowable by third-party vendors, pass-through to Client all warranties for materials furnished under this Agreement. Avenu will provide only the warranties and exchange policies for any defective items that are offered by the manufacturers. THE LIMITED

WARRANTIES SET FORTH IN THIS SECTION ARE MADE TO CLIENT EXCLUSIVELY AND

A VENU MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES PROVIDED. A VENU EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. LIMITATIONS OF LIABILITY

NEITHER PARTY WILL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARVt INCIDENTAL, OR INDIRECT DAMAGES OF

ANY KIND RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE OF

OBLIGATIONS UNDER THIS AGREEMENT EVEN IF THOSE DAMAGES ARE ATTRIBUTED

TO BREACH OF THIS AGREEMENT, TORT, NEGLIGENCE, OR OTHER CAUSE OF ACTION. THE PARTIES AGREE THAT THIS LIMITATION SHALL APPLY EVEN IF A

PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF NON-DIRECT DAMAGES OR IF,

UNDER APPLICABLE LAW, NON-DIRECT DAMAGES ARE CONSIDERED TO BE DIRECT DAMAGES. EXCEPT FOR AMOUNTS EXPRESSLY DUE AND PAYABLE TO AVENU UNDER

THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY TO THIS AGREEMENT BE

LIABLE TO THE OTHER PARTY FOR ANY CLAIMS, PENALTIES OR DAMAGES,

WHETHER IN CONTRACT, TORT, OR BY WAY OF INDEMNIFICATION, IN AN AMOUNT

EXCEEDING THE FEES OR OTHER CHARGES PAID BY CLIENT TO AVENU DURING THE THREE (3) MONTHS PRECEDING THE CLAIM.

12. TERMINATION FOR BREACH OR DEFAULT BY A VENO If Avenu materially breaches any of the terms and conditions ~et forth in this Agreement or fails to perform the obligations set forth in this Agreement and fails to cure the breach or failure within forty-five (45) calendar days (or any longer period Avcnu Agn:rment for Documcnl Proc=ing Services vl2292021 2

Document Processing Agreement AVE NU
:lll\'lfi,M.ti1-* ,..,..,1.r ·e1.
stated in the notice) after receipt of written notice specifying the basis for the breach or failure to perfonn, Client may terminate this Agreement. Termination by Client will be effective upon delivery of final payment to Avenu of all sums due under this Agreement to the effective date of the termination.

13. TERMINATION OR SUSPENSION OF WORK FOR LOSS OF FUNDING This Agreement is subject to tennination for convenience upon not less than thirty (30) days written notice to Avenu if Client has failed to receive funds for the continued procurement of the Services after every reasonable effort has been made by Client to secure the necessary funding and ifno substitute arrangement is made by Client to obtain the same or similar Services from another source. If this Agreement is tenninated before the End Date, Avenu will invoice Client for work performed to the End Date, and Client agrees to pay Avenu for those Services. Under no circumstances will Avenu be required to perfonn Services in the absence of available funding.

14. NOTICES TO PARTIES Unless otherwise specified in this Agreement, all notices, requests, or consents required to be given in writing under this Agreement shall be hand delivered, delivered by overnight delivery service, or mailed (certified mail, postage prepaid).

To Avenu:

Avenu Insights & Analytics, LLC
8600 Harry Hines Blvd., Suite 300
Dallas, TX 75235
Attn: Contracts Department
With a copy to:

Avenu Insights & Analytics, LLC
5860 Trinity Parkway, Suite 120
Centreville, VA 20120
Attn: Contracts Department
To Client:

Fulton County Clerlc
2216 Myron Cory Dr.

Hickman, KY 42050
Attn: Naomi Jones, County Clerk

15. ASSIGNMENT AND SUBCONTRACTING This Agreement is binding on the parties and their successors and assigns. Avenu may assign or otherwise transfer this Agreement and any rights, duties, or obligations under this Agreement to a corporate parent, subsidiary, or affi Ii ate of A venu. Any other attempt to make an assignment without prior written consent of the other party will be void. A venu may provide for the delivery of all or part of the Services through the use of subcontractors. Avenu will notify Client of work being perfonned by any subcontractor that performs work on the premises of Client and shall ensure that the insurance requirements that apply to A venu under this Agreement apply to and are complied with by each subcontractor.

16. GOVERNING LAW This Agreement shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of Virginia or the State of Kentucky, without reference to the principles of conflict of laws.

17. NON-SOLICITATION AND NON-HIRE Client shall not, without the prior written consent of Avenu knowingly solicit, recruit, hire, or otherwise employ or retain any employee of Avenu that is performing the Services or has performed any of the Services under this Agreement during the Term of this Agreement. This restriction includes former employees of A venu who have performed any of the Services during the tenn of this Agreement during a period of one (I) year after that employee is no longer employed by Avenu. Because actual damages are difficult to detennine if Client breaches the non-solicitation obligations under this Section, the parties agree that in lieu of an award of actual damages and not as a Awnu Agreement for Document Processing S~rvices v1229202 I 3

Document Processing Agreement
penalty, A venu shall be entitled to, and Client shall pay to A venu as the sole and exclusive remedy for breach. liquidated damages of two (2) times the salafy and bonus target employee at the time his or her employment with Avenu. Nothing in this Section shall waive the right of Avenu to seek injunctive relief to compel compliance by a current or former employee with the obligations of a fonner employee not to use or disclose that any confidential or proprietary infonnation of the former employer. The non­ solicitation provisions of this Section shall not restrict in any way the right of either pany to solicit orrecruit generally in the media, and shall not prohibit either pany from hiring an employee or fonner employee of the other party who responds to any public advertisement or who otherwise voluntarily applies for hire without having been personally solicited or recruited by the hiring party. 11\e provisions of this Section shall not prohibit either party from hiring employees of the other party if the status of the other party as a viable business entity so declines as to make it unlikely the party could retain the services of its employees.

18. ENTIRE AGREEMENT The contents of this Agreement (including the Statement of Work) constitute the entire understanding and agreement between the parties and supersede any prior agreements, written or oral, that are not specifically referenced and incorporated in this Agreement.

The terms and conditions of this Agreement shall not be changed or modified except by written agreement signed by both parties.

IN WITNESS WHEREOF, the undersigned authorized representatives of Avenu and the Client have executed this Agreemc;nt.

Avenu Insights & Analytics, LLC
Signature
Paul Colangelo
Name
CEO
Titlo
1/31/2022
Date
/wenu Agrccm~nl ror Document Pr111:c:ssing Servm:s vl2292021 Fulton County Clerk
~ 9010~
Naomi T. Jones
Name
Fulton County Clerk
Title
1/31/2022
Date
4

Document Processing Agreement

SCHEDULE A

STATEMENT OF WORK

A AV EN U
0,1-tc-1•1:•r I A'f•u·1•u
This Statement of Work is incorporated in the Agreement for Document Processing Services ('"Agreement") by and between Avenu Insights & Analytics, LLC ( .. A venu") and Fulton County Clerk (''Client").

A. SCOPE OF' SERVICES
Client has a collection of Deed Books and other lien and miscellaneous real property records to be scanned and indexed. Avenu and Client will set a time to hold a remote conference meeting between the project managers of Avenu and Client to discuss details of the workspace and work times available to the Avenu scan team. During this meeting the start date for the scan team to arrive will be established as well as a review of Client's COVIDl9 policies, to which the Avenu team will adhere. Avenu will complete the project within 12 months of project start. All quantities are estimates. Avenu will charge for actual quantities produced. Avenu will alert Client in advance if it appears that actual quantities are going to be significantly different from the estimated. ihe above assumptions came from information provided by Client in the form of bid specifications and an onsite examination by Avenu of the records.

Assumptions:
• The books may not leave the courthouse.
• Approximately 2/3 of the books are mechanically bound. • The books consist of Deeds I - 113 and Record of Encumbrance on Real Estate I - 4. • The date range of the Deeds is 1845 - 1998 and for Encumbrances is 1931 1981. • Approximately 25% of the collection is hand-written.
• Approximately 20% of the collection are Photostats.
• Archival microfilm is not a requirement for this collection.

Avenu Responsibilities
I . As the books may not leave the courthouse, A venu will provide all technology and labor to digitize the books in a space provided for by Client within the courthouse.

2. The A venu team will remove books from the shelves, taking no more than will safely fit near the scan stations and no more than each scan station can complete within one (I) working day.

Avcnu Agn."emcnl for Document Processing Services vl22'1202 I s

Document Processing Agreement A AVE NU
For each book:

3. A venu will log the first and last pages that exist within the book prior to scanning it.

4. A venu will review the pages within the book for general condition and note any exceptional conditions that may need to be brought to the attention of the Client.

5. Avenu will use scanner settings that will render 300 dpi grayscale JPGs, which will allow for a secondary QC and virtual re-scan at Avenu's conversion facility.

6. After a book has been scanned. the Avenu scanner operator will log the actual image count created for the book on the scan log.

7. Avenu will perform the first QA review of the images for quality, re-scanning as necessary to achieve conforming image quality standards.

8. Ave nu will investigate and remedy as required when image counts for a book do not closely match the expected pages as logged.

9. At the end of each workday, Avenu will return all scanned books to their original location (or the location of Client's choosing).

I 0. Avenu will not allow any book, whether scanned or not, to remain at the scan station overnight.

11. At Avenu's conversion center, using proprietary digital image transformation tools, Avenu image quality inspectors will view and transform the images rendering standard PDF images to be stored on a data storage medium to be determined by the client. Said data storage will be transferred permanently to the Client for future upload to the Client's local database.

12. Avenu will resolve quality issues such as skew, lack of contrast, and other potential quality concerns using virtual re-scan technology on the grayscale JPGs.

13. For poor quality and Photostat images, Avenu will use its proprietary Digital Magic image enhancement software to render the best possible image.

14. Avenu will fully index the documents from the images of the record books to conform with specifications and practices of Client and their Land Record Recording system. Avenu will include all required indexing fields including but not limited to ALL grantor last names, ALL grantor first names, ALL grantee last names, ALL grantee first names, Deed Value, Instrument type, first page number corresponding to the first page of each document, Date document was recorded in record book, name of book document is recorded in, and a description of the document i.e. property address or map id for deed or encumbrance filing, reference of book and page being released in the encumbrance releases.

IS. Avenu will format the indices and images per the Client-provided specifications.

Client Responsibilities
I. Client will provide adequate space, tables, chairs, lighting and electrical outlets for Avenu's scan team to prepare the books and operate the scanning technology.

Ave nu Agm:ment for Document Procc:-ss1ng ScrviC(S v 12292021 6

Document Processing Agreement

2. Client will be available to answer any questions that may arise dwing the course of the project.

3. Client will provide a FCCO system contact to provide Database schema for format data to be compatible for upload to FCCO.

Client will notify Avenu in writing at any time during the one year tenn of the Agreement, or up to 90 days after completion of the Agreement of any defect that requires remediation. Client will have ten (10) business days to accept and sign off on the deliverable. Signing for deliverable docs not affect Avenu's responsibility to correct any deliverables found up to 90 days from project completion. If not notified to the contrary, Avenu will deem all deliverables as acceptable by Client and will consider all invoicing of said deliverables to be due and payable upon receipt or according to such terms as defined in the contract.

It is anticipated that this project will require no more than four weeks onsite at courthouse and no more than 12 months for completion of the entire project.

B. PAYMENT AND RA1ES
Aveou will invoice Client for the Services bastd on the following pricing matrix. Avenu acknowledges that thi~ is a not to exceed budget and will closely monitor and report actual quantities.

On-Sight Handling Fee
Deeds Vols I - 113, Encumbrances Vols. l - 4 Digitizing/Scanning Bound Books
Deeds Vols I - 113, Encumbrances Vols. I - 4 Digitiz:io&'Scanning Loose Books
Automatic Digital Eoh&iocement of Photostats
Total Section l
SECDON2
Deeds Vols 1 - 113, Encumbrances Vols. 1 - 4 Indexing Hand­ Written Documents
Deeds Vols 1 - 113, Encumbrances Vols. I - 4 Indexing 'l)'ped Documents
Total Seclio■ 2
SECTION3
Deeds Vols 1 - 113, Encumbrances Vols. I - 4 Uploading Digital Records into Currmt Software
AW!IW~ fm 0..0...-t~ Services vl22!1202J 7

EXHIBIT "C"
Schedule of Compensation
Total Compensation Shall Not to Exceed - $45,000

EXHIBIT "D"
Live Scan Fingerprinting Requirements
Prior to commencing services, the CONSUL TANT may be required to successfully pass a Department of Justice fingerprinting background check ("Live Scan") performed by a certified fingerprinting service provider or at the City of Montebello Police Department.

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

CA - Montebello DPS Agreement No 4005
Final 8.22.22
Final Audit Report 2022-08-24
Created: 2022-08-24
By: Karen Miller-Kuwana (karen.miller-kuwana@avenu insights.com} Status: Signed
Transaction ID: CBJCHBCAABM_cCZE3ctYT2yaGqgHJfmWNFI3YclqwsU "CA- Montebello DPS Agreement No 4005 - Final 8.22.22" Histo ry
f:l Document created by Karen Miller-Kuwana ([email protected]) 2022-08-24- 5:00:11 PM GMT
18'. Document emailed to [email protected] for signature 2022-08-24 - 5:01 :31 PM GMT
f:l Email viewed by [email protected]
2022-08-24 - 6:55:22 PM GMT
0o Signer [email protected] entered name at signing as Carl Kumpf 2022-08-24 - 6:56:30 PM GMT
0o Document e-signed by Carl Kumpf ([email protected]) Signature Date: 2022-08-24 - 6:56:32 PM GMT - Time Source: server 0 Agreement completed .
2022-08-24 - 6:56:32 PM GMT
fl Adobe Acrobat Sign

ATTACHMENT B

CITY OF MONTEBELLO
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT NO. 4005

WITH AVENU INSIGHTS & ANALYTICS, LLC
This Amendment No. 2 (“Second Amendment”) is to the Professional Services Agreement is made and entered into this 12th day of February 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation (“City”) and Avenu Insights & Analytics, LLC (“Consultant”). The City and Consultant are sometimes referred to herein individually as the “Party” and jointly as the “Parties.”

RECITALS
WHEREAS, On August 22, 2022, the City and Consultant entered into the Agreement to utilize services of Consultant as an independent contractor to provide document scanning services in the City.

WHEREAS, On May 2023, the Parties executed a “First Amendment” exercising an option to extend the Agreement to June 30, 2025, and increase the annual not-to-exceed amount to $100,000 per fiscal year, and authorized the City Manager to increase the amount by an additional $25,000 per fiscal year for a total not -to-exceed amount of $125,000 per fiscal year; and
WHEREAS, the Parties desire to increase the compensation for the agreement to a sum -not-to-exceed Two Hundred and Fifty Thousand Dollars ($250,000).

WHEREAS, t he Parties each being mutually satisfied with the other’s performance thereof, desire to extend the term of the agr eement for an additional one - year (1 -year) as authorized by Section 3 (“Term”) through June 30, 2026, to make it consistent with the City’s fiscal year schedule.

The parties therefore agree as follows:

Section 1. The Compensation of the Agreement set forth in Section 2 of the Agreement is hereby amended in its entirety to read as follows:
“SECTION 2. SERVICES/COMPENSATION.
a. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the term of this Agreement shall govern.
b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide document scanning services as set forth fully in the scope of work, as such is set forth fully in Exhibit “A” attached hereto

ATTACHMENT C

AMENDMENT NO. 2 TO AGREEMENT NO. 4005

and incorporated fully herein by this reference (hereinafter “Professional Services”) in an amount not -not-to-exceed Two Hundred and Fifty Thousand Dollars ($250,000) per fiscal year. Any increases to the not-to-exceed amount shall not be due to CONSULTANT without prior written approval by the City Manager.
c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “A” and incorporated fully herein by this reference (“Compensation”).

The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall not incur fees or costs which exceed the Compensa tion without the prior written consent of the City.”
Section 2. The term of the Agreement set forth in Section 3 is hereby extended to June 30, 2026. The language for Section 3 of the Agreement is hereby amended in its entirety to read as follows:
“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, 2026, unless terminated earlier as hereinafter provided. This agreement may be extended for an additional one-year (1-year) extension upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by City’s applicable department head.”
Section 3. Except as amended by this Second Amendment, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Second Amendment and the provisions of the Agreement, the provisions of this Second Amendment shall control.

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. [SIGNATURES ON THE FOLLOWING PAGES]

AMENDMENT NO. 2 TO AGREEMENT NO. 4005

CITY OF MONTEBELLO
___
Raul Alvarez, City Manager
Date:_______________
ATTEST:

By: ___
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

By: ___
Arnold M. Alvarez-Glasman,
City Attorney

AVENU INSIGHTS & ANALYTICS, LLC
Name:

Title:

Avenu welcomes the opportunity to provide Digital Transformation Services! We love helping jurisdictions preserve, modernize, and provide secure digital access for public consumption. Our hands- on approach is configurable to any of your document needs including:
► Digital Imaging: Protect your records against fire, water damage, and theft while preserving your jurisdiction’s history with secure scanning back to sovereignty. Without harming the original documents – digital imaging provides greatly reduced record handling cost, improved operational efficiency, and increased information processing effectiveness. ► Indexing: Streamline your constituent experience through our powerful search and find indexing process. Match the consumer experience your citizens are adept to by giving them the ability to quickly find and retrieve valuable historical or public records. ► Image to Microfilm: While storing documents digitally provides many benefits, the cost to maintain “inactive” records in a digital state can be very costly. Protect your originals by using our low-cost and long-term microfilm conversion solution and extend your record’s life expectancy for hundreds of years.
► Film Duplication: Preserve original film via retrievable archives while providing working copy for public use. Transfer from acetate-based material to polyester that eliminates deterioration. ► Redaction: Protect your confidential information through our document redaction process. Our team will securely store original documents, make redacted copies by removing sensitive information, and save the altered document as the new standard. ► Transcription: Preserve the understanding of history through our word for word rendering of original cursive to computer text.

Avenu has developed and continues to expand a series of comprehensive and cost-effective, integrated electronic document imaging and processing systems. Our platforms have evolved along with the industry and have kept abreast of rapid technological advances.

Basic Project Assumptions:
► Files are created at 300 DPI TIF format / Files will be delivered via SFTP site. ► Regular Document Scanning assumes a maximum document size of 12" x 18". Large format scanning & extensive document preparation is also available. ► Basic re-assembly puts items back in the same folders in the same order but does not replace staples or bindings.
► All documents scanned double sided and blank pages will be removed. ► There are no Photostats in the collection / There are no attachments or sleeved pages in the books.
► Additional premium add-on services are available for additional fees.

EXHIBIT A

General 2025 Pricing:

Avenu will invoice for actual quantities produced.

Product Name Line Description Product
Code
Unit Price
Scan - Bound Book Scan Documents Standard Size (B/W) - Hard Bound
GR000180 $0.63
Scan - Loose Book /
Loose Pages
Scan Documents Standard Size (B/W) - Loose
Bound
GR000179 $0.38
Scan – Wide Format Scan Documents Wide Format (B/W) - GR000249 $3.75 Indexing Additional
Field - Typed
OPTIONAL SERVICE: Indexing Additional Field -
Typed
GR000300 $0.50
Indexing Additional
Field - Handwritten
Indexing Additional Field - Handwritten GR000301 $0.75
Digital Magic - Image
Enhancement
OPTIONAL SERVICE: Image Enhancement GR000034 $0.10
Document
Transportation
Avenu Picks Up & Returns Documents to Customer
Site
GR000184 $750
Per Trip
Price Quote Term:

All Fees and Prices quoted are valid for January 1, 2025 – December 31, 2025.

CONFIDENTIAL & PROPRIETARY
This document is exclusively for commercial use between Avenu Insights & Analytics, and Customer, and is considered Confidential Information according to the Terms, not to be disclosed to third parties unless such disclosure is explicitly permitted under this Agreement. ****THIS IS NOT AN INVOICE****
Please do not send payment from this price quote. You will receive a separate contract and invoice for the services provided above.

CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email.

From: Dana Braccia
To: Guillen, Kimberly; Sue Peterson; Rachelle Arizmendi; Bob Debarr Cc: Saucedo, Nicole; Rodarte, Alejandro; Panosian, Joann; Nevarez, Samantha Subject: RE: [External Email] Follow up from Avenu Scanning meeting Date: Tuesday, October 8, 2024 3:58:35 PM
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External Sender - From: (Dana Braccia <[email protected]>) This message came from outside your organization.

Hello all,
We were able to do a quick review and here is the pricing for those items:

Have a great evening,
Dana

DANA BRACCIA

PROJECT MANAGER, PMP / MLS
Avenu Insights & Analytics
M 480-710-8909
www.avenuinsights.com
https://www.linkedin.com/in/dana-braccia/
Need to meet? Select a time on my calendar:

From: Guillen, Kimberly <[email protected]>
Sent: Tuesday, October 8, 2024 2:32 PM
To:

Dana Braccia <[email protected]>; Sue Peterson <[email protected]>; Rachelle Arizmendi <[email protected]>; Bob Debarr <[email protected]> Cc: Saucedo, Nicole <[email protected]>; Rodarte, Alejandro <[email protected]>; Panosian, Joann <[email protected]>; Nevarez, Samantha <[email protected]>
Subject: RE: [External Email] Follow up from Avenu Scanning meeting Good Afternoon Dana,

ATTACHMENT D

Thank you so much for providing the estimate. I will be meeting with the team to discuss the next steps. In the meantime, could we request an estimate for scanning the Public Works documents? We have approximately 1,500 as-built plans and 535 sewer plans (24" x 36"). This information will help us determine the additional funding required for the amended contract. We plan to include these documents in the next phase.

Thank you,

Kimberly Guillen
Senior Deputy City Clerk
Department of Administration
1600 W Beverly Blvd., Montebello, CA 90640
p: 323-887-1359
w: www.MontebelloCA.gov
e: [email protected]

Office Hours:

Monday – Thursday, 7:30 a.m. – 5:30 p.m. Closed every
Friday.

From: Dana Braccia <[email protected]>
Sent: Tuesday, October 8, 2024 9:01 AM
To: Panosian, Joann <[email protected]>
Cc: Rachelle Arizmendi <[email protected]>; Bob Debarr <[email protected]>; Saucedo, Nicole <[email protected]>; Sue Peterson <[email protected]>; Guillen, Kimberly <[email protected]>; Rodarte, Alejandro <[email protected]>
Subject: RE: [External Email] Follow up from Avenu Scanning meeting

Good morning, I wanted to share an update on a general estimate of where the City stands in relation to the current $125K purchase order as well as the attached estimate for the Building Department based on Tyler’s site visit and the photos

Good morning,

I wanted to share an update on a general estimate of where the City stands in relation to the current $125K purchase order as well as the attached estimate for the Building Department based on Tyler’s site visit and the photos he took.

Based on the average number of documents per box and large format items, the current Planning Department project is estimated to come in around $75K Sue is still finalizing the QA so needs to keep boxes 1-22 on site until the week of 10/28. Are there more boxes still to do in the planning department? If so, I can still pick those up on the 15th so our team can begin prepping them and then return the completed boxes at the end of October.

The Building Department rough estimate is $140K, depending on the number of maps and large-format items:

If needed, we can break the Building Department project into phases to accommodate the available funding.

We weren’t sure if there was more boxes in the planning department that were intended for the current PO or if the Building Dept. would be applied to this PO as well.

Please don’t hesitate to reach out if you have any questions or would like to set up a meeting to go over everything. We’re here to help and happy to assist however we can.

Best regards,

Dana

Avenu Insights and Analytics, LLC – Digitization Quote
Digitization Quote
CLIENT: City of Montebello PROJECT MANAGER : Sue Peterson ADDRESS: 1600 W. Beverly Blvd
Montebello, CA 90640
PROJECT NAME: CA-City of Montebello-Building
Department

PICK UP
DATE DUE:

October 2024
TBD Based on # of Boxes
LOCATION: 1600 W. Beverly Blvd
Montebello, CA 90640 CLIENT REP: Name:

Phone:

E-Mail:

PROJECT OVERVIEW AND
INSTRUCTIONS: Client has a large collection of records to be digitized and indexed. The images are to be provided as text searchable bi-tonal files for import into their Laserfiche system. Prior site visit estimates 8 cabinets (average 4 boxes per cabinet) and
8 boxes of items in micsecllaneous shelving for a total of 40 boxes.

PICKUP INFORMATION: Avenu will pick up documents and will return to the City of Montebello City Hall upon completion of digitizing. Documents will be boxed by the Avenu team.

BOXING/LOGGING: Avenu will log the first and last record for each box, mirroring city's current shelf filing system.

PREPARTION: Avenu will prepare documents by removing staples and paperclips and temporary bindings, such as coil, comb, or velo binding.

SCANNING / FILMING: Avenu will scan each page, double-sided, rendering 300 dpi grayscale images.

INDEXING / VALIDATION: Documents are to be indexed with 4 fields (Address Number, Direction, Street Name, Unit).

There is no currently existing database to run lookup validation against for these index fields.

QUALITY CONTROL: Avenu will transform the images rendering text-searchable 300 dpi bi-tonal images.

RE-PREPARTION: Documents will be put back in the same order they were found but staples, paperclips, and bindings will not be replaced.

DELIVERABLES: Files will be delivered to city via USB Drive DELIVERY:

TBD Based on # of Boxes

ATTACHMENT E

All q
uantities are estimates and Avenu will invoice for actual quantities digitized.

Services Pricing Matrix / On Premise Pictures

ITEM # 13

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Fernando Pelaez, Fire Chief
Angelica Palmeros, Deputy Director

SUBJECT: APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. 3857 WITH

BLAIS & ASSOCIATES FOR GRANT WRITING SERVICES TO

INCREASE THE ANNUAL NOT-TO-EXCEED AMOUNT

DATE: February 12, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 3 to Agreement No. 3857 with Blais & Associates to increase the annual not-to-exceed amount to $130,000; and

2. Authorize the City Manager to execute Amendment No. 3 to Agreement No. 3857 with Blais & Associates; and

3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $30,000 in Account No. 100-85-850-6040.10 (General Fund, Fire, Fire Administration, Contract Services-Outside Contracts); and

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

FISCAL IMPACT:

The Fire Department has an existing professional services agreement with Blais & Associates (Agreement No. 3857) for grant writing services for an annual amount of up to $100,000. Staff has utilized Blais & Associates to obtain and manage several grants, reaching the annual not-to-exceed amount of $100,000. Due to staff anticipating working with Blais & Associates on future pending grant proposal(s), it is necessary to increase the annual not-to-exceed amount by $30,000 to a total of $130,000. The recommended action also requires amending the Fiscal Year 2024-25 budget by increasing appropriations by $30,000 in Account No. 100-85-850-6040.10 (General Fund, Fire, Fire Administration, Contract Services-Outside Contracts). The additional annual funding will provide sufficient resources for Blais & Associates to assist the Fire Department with its grant application needs.

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

BACKGROUND/DISCUSSION:

In 2020, the Fire Department issued a Request for Proposals (RFP) for grant writing services. Through a competitive process, Blais & Associates was selected, and a professional services agreement was approved at the City Council meeting on January 13, 2021 (Attachment A). Over the last several years, the Fire Department has been successful in being awarded grants and other funding opportunities.

Specifically, the Fire Department has been awarded several million dollars in funding, which has supported the creation and expansion of several programs, as well as the expansion of the size of the Fire Department. A large part of this has to do with the Fire Department’s partnership with Blais & Associates, which provides funding research opportunities, assistance with grant applications, and some instances of management of post-award requirements.

Due to the Fire Department utilizing Blais & Associates frequently for several grant projects, the agreement's not-to-exceed amount of $100,000 has been depleted. The City Council approved Amendment No. 2 to this agreement on September 11, 2024, increasing the not-to-exceed amount by $35,000 to $100,000. Staff is requesting authorization for the City Manager to execute Amendment No. 3 (Attachment C) to Agreement No. 3857 to again increase the not-to-exceed amount to $130,000 (from $100,000). The additional funding will provide sufficient resources for Blais & Associates to assist with current and future grant funding opportunities.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff is requesting authorization for the City Manager to execute Amendment No. 3 (Attachment C) of Agreement No. 3857 to increase the annual not-to-exceed amount to $130,000. Additionally, staff is recommending amending the Fiscal Year 2024-25 budget by increasing appropriations by $30,000 in Account No. 100-85-850-6040.10 (General Fund, Fire, Fire Administration, Contract Services-Outside Contracts).

ATTACHMENT(S)

1. Attachment A - Original PO Packet and Staff Report for Blais & Associates

2. Attachment B - Amendment No. 2 to 3857 and Staff Report

3. Attachment C - Professional Services Agreement - Amendment 3 to 3857

ATTACHMENT A

ITEM # 9

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
Angelica Palmeros, Deputy Director
SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 3857 WITH

BLAIS & ASSOCIATES FOR GRANT WRITING SERVICES TO

INCREASE THE ANNUAL NOT-TO-EXCEED AMOUNT AND EXTEND

THE TERM OF THE AGREEMENT
DATE: September 11, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement No. 3857 with Blais & Associates to increase the annual not-to-exceed amount to $100,000 and extend the term of the agreement to June 30, 2026; and

2. Authorize the City Manager to execute Amendment No. 2 to Agreement No. 3857 with Blais & Associates; and

3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $35,000 in Account No. 100-85-850-6040.10 (General Fund, Fire, Fire Administration, Contract Services-Outside Contracts); and

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

FISCAL IMPACT:

The Fire Department has an existing professional services agreement with Blais & Associates (Agreement No. 3857) for grant writing services for an annual amount of up to $65,000. Staff has utilized Blais & Associates to obtain and manage several grants, reaching the annual not-to-exceed amount of $65,000. Due to staff currently working with Blais & Associates on a new pending grant proposal, it is necessary to increase the annual not-to-exceed amount by $35,000 to a total of $100,000. The recommended action also requires amending the Fiscal Year 2024-25 budget by increasing

ATTACHMENT B

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 11, 2024

appropriations by $35,000 in Account No. 100-85-850-6040.10 (General Fund, Fire, Fire Administration, Contract Services-Outside Contracts).

In addition, given the numerous current and future grant opportunities available to the Fire Department, it is necessary to exercise the term extension clause and extend the agreement through June 30, 2026. The additional annual funding and term extension will provide sufficient resources and time for Blais & Associates to assist the Fire Department with its grant appicaiton needs.

BACKGROUND/DISCUSSION:

In 2020, the Fire Department issued a Request for Proposals (RFP) for grant writing services. Through a competitive process, Blais & Associates was selected, and a professional services agreement was approved at the City Council meeting on January 13, 2021 (Attachment A).

Over the last several years, the Fire Department has been successful in being awarded grants and other funding opportunities. Specifically, the Fire Department has been awarded several million dollars in funding, which has supported the creation and expansion of several programs, as well as the expansion of the size of the Fire Department. A large part of this has to do with the Fire Department’s partnership with Blais & Associates, which provides funding research opportunities, assistance with grant applications, and the management of post-award requirements.

Due to the Fire Department utilizing Blais & Associates frequently for several grant projects, the original agreement's not-to-exceed amount of $65,000 has been depleted.

At the August 28, 2024 City Council meeting, staff received permission to pursue a funding opportunity through Cal OES for up to a $250,000 cybersecurity grant. It should be noted that this grant opportunity will mainly benefit the Division of Information Technology (DoIT). However, due to the Fire Department’s access to Blais & Associates as well as the department’s recent success in being awarded grants, the Fire Department is coordinating this grant application on behalf of the City and DoIT.

Staff received an estimated cost of $11,285 from Blais & Associates to complete any preparatory work, complete the narrative, grant application, milestones, develop the budget, coordinate post-award requirements, and create any other required documentation for the Cal OES Cybersecurity grant. As such, staff is requesting authorization for the City Manager to execute Amendment No. 2 (Attachment C) to Agreement No. 3857. Amendment No. 2 would increase the annual not-to-exceed amount to $100,000 (from $65,000) as well as extend the term of the agreement through June 30, 2026. The additional funding and term extension will provide sufficient resources and time for Blais & Associates to assist with current and future grant funding opportunities.

ENVIRONMENTAL:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 11, 2024

ANALYSIS:

N/A

SUMMARY:

Staff is requesting authorization for the City Manager to execute Amendment No. 2 (Attachment C) of Agreement No. 3857 to increase the annual not-to-exceed amount to $100,000 and extend the term through June 30, 2026. Additionally, staff is recommending amending the Fiscal Year 2024-25 budget by increasing appropriations by $35,000 in Account No. 100-85-850-6040.10 (General Fund, Fire, Fire Administration, Contract Services-Outside Contracts).

ATTACHMENT(S)

1. Attachment A - Original PO Packet and Staff Report for Blais & Associates

2. Attachment B - Cybersecurity Grant Quote from Blais & Associates

3. Attachment C - Professional Services Agreement - Amendment No. 2 to 3857

CITY OF MONTEBELLOAMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3857WITH BLAIS & ASSOCIATES, LLC This Amendment No. 2 to Agreement No. 3857 ("Amendment No. 2") is made and entered into as of the 11th day of September 2024 ("Effective Date"), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California ("City"),and Blais & Associates, LLC, a Texas corporation located at 2807 Allen Street, Suite 2050, Dallas, Texas, 75204 ("Consultant"). City and Consultant are sometimes hereinafter referred to collectively as the "Parties". RECITALSWHEREAS, City and Consultant are Parties to that certain Contract Agreement No. 3857 to assist City with its Grant Writing Services for City's various Fire Department ("Fire Department") projects entered on January 3, 2021 ("Agreement"); and WHEREAS, Section 24 ("Entire Agreement") of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and WHEREAS, the Parties executed Amendment No. 1 with an Effective Date of January 14, 2024, exercising their option to extend the Agreement for the first year of the additional two (2), one-year (1-year) terms; and WHEREAS, the Fire Department is now assisting the City’s Information Technology Department in attempting to obtain a cybersecurity grant and seeks to utilize the Consultant for such services; and WHEREAS, the Parties each being mutually satisfied with the other's performance thereof, hereby desire to amend the Agreement as authorized by Section 2 and Section 24 by memorializing the Parties’ exercise of the option to extend the Agreement for the second year of the two (2) one-year (1-year) terms (“Second Extension”) as well as amending the agreement to include assistance of a department other than the Fire Department and ; and WHEREAS, with the additional services contemplated under this Amendment No. 2, the Compensation shall increase from the original Agreement by $35,000, for a new annual amount not-to-exceed of One Hundred Thousand Dollars and 00/100 Cents ($100,000).

AMENDMENT NO. 2 TO AGREEMENT NO. 3857Page 2 of 3 NOW, THEREFORE,based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:AMENDMENTSECTION 1.RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.SECTION 2.COMPENSATION. Through this Amendment No. 2, the Parties hereto agree that the Consultant shall be compensated a sum not-to-exceed One Hundred Thousand Dollars and 00/100 Cents ($100,000)annually (the “Maximum Annual Compensation”) for performance of the Professional Services as set forth in the original Agreement and those new services contemplated under this Amendment No. 2. SECTION 2. EXTENSION OF TERM. Through this Amendment No. 2, the Parties hereto agree to exercise their right to extend the Agreement for the Second Extension from January 20, 2025 to June 30, 2026, as authorized under Section 2 and 24 of this Agreement. SECTION 3.INCORPORATION OF THE REMAINING TERMS. Other than asexpressly modified in this Amendment No. 2with respect to the Term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference. SECTION 4. COUNTERPARTS. This Amendment No. 2 may be executed in counterparts all of which shall constitute but one original, and the same agreement.[END OF AMENDMENT NO. 2] [SIGNATURES ON THE FOLLOWING PAGES]

AMENDMENT NO. 2 TO AGREEMENT NO. 3857Page 3 of 3 IN WITNESS WHEREOF,the Parties execute this Amendment No. 2to Agreement No. 3857 to provide Grant Writing Services to the Fire Department with the Effective Date identified above.(“CITY”) (“CONSULTANT”)CITY OF MONTEBELLO BLAIS & ASSOCIATES,Raul Alvarez, City ManagerATTEST:Christopher Jimenez, City ClerkAPPROVED AS TO FORM:Arnold M. Alvarez-Glasman, City Attorney

CITY OF MONTEBELLO
AM
ENDMENT NO. 3
TO PROFESSIONAL SERVICES AGREEMENT NO. 3857

WITH BLAIS & ASSOCIATES, LLC
T
his Amendment No. 3 to Agreement No. 3857 ("Amendment No. 3 ") is made and entered into as of the 12th day of February 2025 ("Effective Date"), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California ("City"), and Blais & Associates, LLC, a Texas corporation located at 2807 Allen Street, Suite 2050, Dallas, Texas, 75204 ("Consultant"). City and Consultant are sometimes hereinafter referred to collectively as the "Parties".

RE
CITALS
W
HEREAS, City and Consultant are Parties to that certain Contract Agreement No. 3857 to assist City with its Grant Writing Services for City's various Fire Department ("Fire Department") projects entered on January 3, 2021 ("Agreement"); and W
HEREAS, Section 24 ("Entire Agreement") of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and W
HEREAS, the Parties executed Amendment No. 1 with an Effective Date of January 14, 2024, exercising their option to extend the Agreement for the first year of the additional two (2), one-year (1-year) terms; and
W
HEREAS, the Parties executed Amendment No. 2 with an Effective Date of September 11, 2024, exercising their option to extend the Agreement for the second year of the additional two (2), one-year (1-year) terms, and increase the annual not-to-exceed compensation amount to One Hundred Thousand Dollars and 00/100 Cents ($100,000); and
W
HEREAS, the Parties each being mutually satisfied with the other's performance thereof, hereby desire to amend the Agreement as authorized by Section 24 to increase the annual not-to-exceed compensation amount; and
W
HEREAS, with the additional services contemplated under this Amendment No. 3, the Compensation shall increase the amount set forth from Amendment No. 2 by $30,000, for a new annual amount not -to-exceed of One Hundred and Thirty Thousand Dollars and 00/100 Cents ($130,000).

ATTACHMENT C

AMENDMENT NO. 3 TO AGREEMENT NO. 3857

NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

AMENDMENT

SECTION 1. RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.

SECTION 2. COMPENSATION. Through this Amendment No. 3 , the Parties hereto agree that the Consultant shall be compensated a sum not -to-exceed One Hundred and Thirty Thousand Dollars and 00/100 Cents ($13 0,000) annually (the “Maximum Annual Compensation”) for performance of the Professional Services as set forth in the original Agreement and those new services contemplated under this Amendment No. 2.

SECTION 3. INCORPORATION OF THE REMAINING TERMS. Other than as expressly modified in this Amendment No. 3 with respect to the Term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.

SECTION 4. COUNTERPARTS. This Amendment No. 3 may be executed in counterparts all of which shall constitute but one original, and the same agreement.

[END OF AMENDMENT NO. 3]

[SIGNATURES ON THE FOLLOWING PAGES]

AMENDMENT NO. 3 TO AGREEMENT NO. 3857

IN WITNESS WHEREOF, the Parties execute this Amendment No. 3 to Agreement No. 3857 to provide Grant Writing Services to the Fire Department with the Effective Date identified above.

(“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO BLAIS & ASSOCIATES,

Raul Alvarez, City Manager Whitten Guajardo, Vice President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

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 FINAL TRACT MAP NO. 82726, CONSISTENT WITH THE PREVIOUSLY APPROVED VESTING TENTATIVE TRACT MAP NO.
82725, AND FIND AND DETERMINE THAT FINAL TRACT MAP NO.
82726 IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION
15182(C) OF THE CEQA GUIDELINES AND GOVERNMENT CODE
SECTION 65457

DATE: February 12, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 25-10 approving Final Tract Map No. 82726, consistent with previously approved Vesting Tentative Tract Map (“VTTM”) No. 82725, in connection with the Montebello Hills Specific Plan Project, and authorize its filing with the Los Angeles County Recorder; and

2. Determine and find that this action is consistent with the previously certified Environmental Impact Report (“EIR”) for the Montebello Hills Specific Plan Project and, therefore, exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Government Code section 65457(a) and CEQA Guidelines Section 15182, which expressly exempt residential projects undertaken to implement, and that is consistent with, an approved specific plan for which an EIR was certified, and California Public Resources Code Section 21083.3(a) and (b); and

3. Authorize the City Clerk, City Treasurer, and City Engineer to execute the Certificate on the map showing the City’s approval of Final Tract Map No. 82726 in connection with the Montebello Hills Specific Plan Project; and

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

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

FISCAL IMPACT:

There is no fiscal impact related to this action. Construction of, and the eventual sales of these residential units will generate additional property tax. Future budgets will include the positive revenue impacts once the units are built, appraised, placed on the County tax role, and sold.

BACKGROUND/DISCUSSION:

In 2015, the City of Montebello approved the Montebello Hills Specific Plan (“Specific Plan”) for the development of a master planned residential community on the Montebello Hills Property (“Project”). The Specific Plan is a comprehensive plan for development of up to 1,200 residential dwelling units on approximately 174 acres of an overall larger area of approximately 488 acres. The Project consists of residential development, public and private parks, and 343 combined acres of open space, 263.2 acres of which will be dedicated as habitat reserve for the California Gnatcatcher.

Following approval in 2015, opponents challenged the Project in court where the Project was litigated before the Superior Court and Courts of Appeal levels for nearly three (3) years. At each level, the courts found that the Project complied with CEQA, the Brown Act, and was consistent with the City’s General Plan and California Planning and Zoning Laws.

On July 10, 2019, the City approved the Final “A” Map for VTTM No. 70420 (commonly referred to as an “A” level subdivision map or the “A-Map”) subdividing the Montebello Hills Specific Plan Project area into 78 larger lots.

On January 8, 2020, the City approved VTTM No. 82724 (commonly referred to as a “B” level subdivision map or the “B-Map”), which allowed the subdivision of portions of the larger lots created under A-Map into 72 smaller numbered lots and 20 letter lots for residential development resulting in the creation of 92 new legal lots associated with B- Map - Phase A. Concurrently, the City approved Site Plan Review 01-19 (commonly referred to as “B-Map - Phase A”) to allow for the development of 349 residential condominium units on an approximately 43.39 acre project site, located within Planning Areas 1, 2, and a portion of Planning Area 3 as established in the Montebello Hills Specific Plan and A-Map.

On November 10, 2021, the City approved the VTTM No. 82725, a “B” level subdivision map, subdividing four (4) legal lots on portions of the Montebello Hills Specific Plan Project Area into 199 legal lots to allow the development of 851 residential condominium dwelling units, consisting of 551 attached residential dwelling units and 300 detached single-family residential dwelling units, and related amenities (“B-Map - Phase B1 Final Map”). The subject site is located within Planning Areas 3, 4, and 5 as established in the Montebello Hills Specific Plan and the A-Map, which consisted of generally undisturbed vacant land within the City of Montebello.

On May 24, 2023, City Council approved the B-Map – Phase B1 Final Tract Map No.

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

82725 for a portion of VTTM 82725 for the development of 300 detached single family residential dwelling units and 551 residential dwelling condominium units for Phase “B” of the Montebello Hills Specific Plan Project.

ENVIRONMENTAL:

An EIR and Mitigation Monitoring and Reporting Program was certified for the Montebello Hills Project on June 10, 2015 pursuant to the California Environmental Quality Act (“CEQA”) Guidelines and local procedures for CEQA implementation. The approval Final Tract Map No. 82726 is considered a “Project” and exempt from CEQA pursuant to California Government Code section 65457(a) and CEQA Guidelines Section 15182(c), which expressly exempts residential projects undertaken to implement, and that is consistent with, an approved specific plan for which an Environmental Impact Report (EIR) was certified after January 1, 1980, and California Public Resources Code Section 21083.3(a) and (b). The project is consistent with the intent of the Specific Plan and General Plan.

Upon City Council’s approval of Final Tract Map No. 82726, a Notice of Exemption will be filed with the Los Angeles County Clerk’s office (see Attachment C).

ANALYSIS:

Consistent with the previously approved VTTM No. 82725, Final Tract Map No. 82726 for the Project is being submitted for approval to allow the subdivision of Lots 61 and 65 originally established under Tract No. 70420. Final Tract Map No. 82726 is in substantial conformance with the previously approved VTTM No. 82725.

Final Tract Map No. 82726 has been examined and checked for compliance with Title 16 of the Montebello Municipal Code and the California Subdivision Map Act (California Government Code [“Gov. Code”] Section 66410, et seq.). Under the Subdivision Map Act, the approval of a final subdivision map is ministerial in nature and “shall be disapproved only for failure to meet or perform requirements or conditions which were applicable at the time of approval of the tentative map” (Gov. Code § 66473) and a “legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map.” ((Gov.

Code § 66474.1). The City Engineer has reviewed and determined that Final Tract Map 82726 substantially complies with all conditions and requirements of the previously approved VTTM No. 82725, the Specific Plan, and EIR.

SUMMARY:

The Developer is requesting approval of Final Tract Map No. 82726, which is consistent with the previously approved VTTM No. 82725. This map would allow the subdivision of Lots 61 and 65, originally established under Tract No. 70420, which is contemplated in the development program approved for the Montebello Hills Specific Plan Project.

Staff has reviewed the map and determined that it is aligned with the parameters outlined

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

in the Montebello Hills Specific Plan and all of the required findings can be made to support approval of Tract Map No. 82726. Attached for the City Council’s consideration is a Resolution approving Tract Map No. 82726.

ATTACHMENT(S)

1. Attachment A - Resolution 25-10

2. Attachment B - Final Tract Map No. 82726

3. Attachment C - CEQA Notice of Exemption

ATTACHMENT A
RESOLUTION NO. 25-10

RESOLUTION OF THE CITY OF MONTEBELLO APPROVING FINAL TRACT MAP NO. 82726, CONSISTENT WITH THE PREVIOUSLY APPROVED VESTING TENTATIVE TRACT MAP NO. 82725

RECITALS
WHEREAS, In 2015, the City of Montebello (“City”) approved the Montebello Hills Specific Plan (“Specific Plan”) for the development of a master planned residential community on the Montebello Hills Property (“Project”). The Specific Plan is a comprehensive plan for development of up to 1,200 residential dwelling units on approximately 174 acres of an overall larger area of approximately 488 acres. The Project consists of combination of residential development, public and private parks, and 343 combined acres of open space, 263.2 acres of which will be dedicated as habitat reserve for the California Gnatcatcher (“Gnatcatcher”); and
WHEREAS, an Environmental Impact Report (“EIR”) was previously certified by the City Council for the Montebello Hills Project on June 10, 2015 pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code §§ 21000 et seq.), the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.), and local City of Montebello procedures for CEQA implementation; and
WHEREAS, on July 10, 2019, the City approved the Final “A” Map for Vesting Tentative Tract Map (“VTTM”) No.70420 (“A-Map”), which subdivided the Montebello Hills Specific Plan Project area into 78 large lots, finding it in substantial compliance with the approved VTTM No. 70420, applicable conditions of approval, and the Montebello Hills Specific Plan and the Montebello Municipal Code; and WHEREAS, on November 10, 2021, the City approved the VTTM No. 82725, a “B” level subdivision map, subdividing 4 legal lots on portions of the Montebello Hills Specific Plan Project Area into 199 legal lots to allow the development of 851 residential condominium dwelling units, consisting of 551 attached residential dwelling units and 300 detached single-family residential dwelling units, and related amenities (“B-Map - Phase B1 Final Map”). The subject site is located within Planning Areas 3, 4, and 5 as established in the Montebello Hills Specific Plan and the A-Map, which consisted of generally undisturbed vacant land within the City of Montebello; and
WHEREAS, on May 24, 2023, City Council approved the B-Map – Phase B1 Final Tract Map No. 82725 for a portion of VTTM 82725 for the development of 300 detached single family residential dwelling units and 551 residential dwelling condominium units for Phase “B” of the Montebello Hills Specific Plan Project.; and WHEREAS, the City Engineer has reviewed Final Tract Map No. 82726 finding it to be in substantial compliance with the previously approved VTTM No. 82725, the

RESOLUTION NO. 25-10

Montebello Hills Specific Plan, all applicable conditions of approval have been substantially satisfied; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1: The above recitals are true and correct and incorporate them herein as part of the findings.

SECTION 2: The City Council hereby finds that the approval of Final Tract Map No. 82726 is exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Government Code section 65457(a) and CEQA Guidelines Section 15182, which expressly exempt residential projects undertaken to implement, and that is consistent with, an approved specific plan for which an EIR was certified, and California Public Resources Code Section 21083.3(a) and (b).

SECTION 3: The City Council hereby finds that Final Tract Map No. 82726 is consistent with the Montebello City General Plan, the California Subdivision Map Act (California Government Code Section 66410, et seq.), and is in substantial compliance with the previously approved Vested Tentative Tract Map No. 82725.

SECTION 4: Final Map No . 82726 is hereby approved, and the City Clerk, City Treasurer, and City Engineer are authorized to execute the certificate on the Final Map showing the City’s approval.

SECTION 5: If any section, sentence, or portion of this Resolution is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution and shall continue in full force and effect.

SECTION 6: The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. This Resolution shall be effective immediately upon adoption.
[Signatures on the following page.]

RESOLUTION NO. 25-10

APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2025.

Salvador Melendez, Mayor
ATTEST:APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 25-10 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 12th day of February 2025 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE:

Christopher Jimenez, City Clerk

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U BER OF LOTS: rOR SUBDI\/JSION AND CONDOMINIUM PURPOSES SH[ET I OF 1 7 SH£ITS

J UMBERED
TRACT NO. 82726

IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STA TE OF CALIFORNIA BONG A StJBD/VfSION OF LOTS 61 AHO 65 Of TRACT 70tf20, Fil.El) IN BOOK 1417, PAGES 58 THROUGH 86 OF APS. ON FILE IN THE OfflC[ OF THE COUNTY RECORDER OF LOS ANC£1.ES COUNTY, STA. 1f OF CAUFORNJA.

WILSON MIKAMI CORPORATION RICHARD A. TETREAULT P.LS. 7418 DA TE OF SURVEY; NOVEMBER 2018
CONDOMINIUM NOTE:
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OWNER'S ST A TEMENT
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CITY TREASURERS CERTIACA TE
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LOS ANGELES COUNTY CERTIFICATIONS AND SEALS
ll
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0 ATTACHMENT B

Notice of CEQA Exemption
City of Montebello
To:

C
ounty of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:

C
ity of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.

Montebello, CA 90640
L
ead Agency: City of Montebello Planning and Community Development Department Project Title: Montebello Hills Specific Plan Project – Final Tract Map No. 82726 Project Location: Montebello Hills Specific Plan – 1400 N. Montebello Boulevard, Montebello, CA 90640 Case Number(s): Final Tract Map No. 82726
D
escription of Nature, Purpose, and Beneficiaries of Project: The Montebello Hills Specific Plan is a comprehensive plan for development of up to 1,200 residential dwelling units on approximately 174 acres of an overall larger area of approximately 488 acres. The Project consists of combination of residential development, public and private parks, and 343 combined acres of open space, 263.2 acres of which will be dedicated as habitat reserve for the California Gnatcatcher.

N
ame of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: Toll CAXX, L.P. (“Toll Brothers”) E
xempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: Class 21- CEQA Guidelines Section 15321 (Enforcement Actions by Regulatory Agencies)
Statutory Exemptions. State code number: CEQA Guidelines Section 15182 and California Government Code Section 65457 (residential projects consistent with a community/specific plan for which and Environmental Impact Report was certified after January 1, 1980.)
Ju
stification for Project Exemption:

An EIR and Mitigation Monitoring and Reporting Program was certified for the Montebello Hills Project on June 10, 2015 pursuant to the California Environmental Quality Act (“CEQA”) Guidelines and local procedures for CEQA implementation.

The approval Final Tract Map No. 82726 is considered a “Project” and exempt from CEQA pursuant to California Government Code section 65457(a) and CEQA Guidelines Section 15182(c), which expressly exempts residential projects undertaken to implement, and that is consistent with, an approved specific plan for which an Environmental Impact Report (EIR) was certified after January 1, 1980, and California Public Resources Code Section 21083.3(a) and (b). The project is consistent with the intent of the Specific Plan and General Plan.

L
ead Agency Contact Person: Joseph Palombi, Director of Planning & Community Development Area Code/Telephone/Extension: (323) 887-1200 ext. 1478 I
f filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.

Si
gnature: ____________________________ Date: ______________ Title: _______________________ Signed by Lead Agency Signed by Applicant

ATTACHMENT C

ITEM # 15

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: TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2024

DATE: February 12, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2024 (Second Quarter of Fiscal Year 2024-25); and,

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

FISCAL IMPACT:

Attached is a cash report and portfolio summary as of December 31, 2024 (Attachments A and B). This report provides a snapshot at quarter end of the City’s cash position, detailing balances in various accounts and types of investments.

The table below summarizes available cash by major type of account, comparing ending balances for December 2021, 2022, 2023 and 2024. The “General” account combines Bank of the West, Local Agency Investment Fund (LAIF), and various Certificates of Deposit, and represents the most liquid and accessible source of cash for the City to pay ongoing expenses:

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

As of December 31, 2024, total available cash was $83.496 million -- $35.617 million less than December 2023. The City’s overall cash position has improved over the years and remains at elevated and healthy levels. For example, the June balance for the past nine years is shown below:

Comparing June ending balances from prior years, in 2016 overall cash was $48.156 million, versus $105.912 million as of June, 2024 – a $57.756 million improvement in the City’s available cash position (LAIF, Bank of the West, etc.), or put another way a 220% increase.

The continuing strength of the City’s cash position is due to a number of reasons. A primary factor is proceeds from Measure H, the City’s ¾ cent transaction and use tax – which began flowing to the City in Fiscal Year 2020-21. Property tax receipts are also up, as overall assessed values in the City continue to grow. The City also received new or one-time funding from the Federal government for Transit operations (Montebello Bus Lines) and has applied for and received new grants for various purposes. In addition, the sale of the City’s water system (February, 2023) and Transit property in Pico Rivera (February, 2023) added to the overall cash position during calendar year 2023.

It should also be noted that monthly cash balances fluctuate, as monthly expenses vary considerably from month to month, especially when comparing prior years. The chart below shows second quarter 2023 vs. second quarter 2024 (October - December). The monthly variances within each quarter can be significant:

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

The City receives numerous grants from Federal, State and local governmental agencies, with expenses and concomitant revenue reimbursement varying depending on the grant award and the particular progress made in the project. In addition, the City’s various debt service payments typically hit the books in November/December and May/June, causing a draw on available cash greater than other “typical” months of the fiscal year. The recent completion of the golf course renovation and clubhouse construction projects required cash outlays to pay for construction related expenses.

Despite these natural fluctuations in cash flow – ongoing and regular such as debt service payments or one-time such as the golf course capital expenditures – one can see by the tables above that the City’s overall cash position has grown steadily over the past several years and remains at an elevated level that provides financial security. This improvement in cash flow ensures daily expenses are easily met, with no danger of having to postpone payments due to lack of liquidity. Sufficient liquidity is just one of many positive signs of the City’s progress towards financial stability and security.

The City receives income from the investment of idle cash. This revenue varies based on balances and current interest rate environments. The General Fund has averaged $167,200 in annual investment income between FY 2015-16 and FY 2023-24. Combined with the large increase in total available cash, the General Fund realized $700,800 in revenue from its investments in FY 2023-24, with projected revenue for FY 2024-25 at $500,000. (The lower projected amount for the current fiscal year is predicated upon interest rates falling combined with a lower total cash balance versus prior fiscal years.)

The effective rate of return on the City’s investment portfolio as of December 31, 2024 was 1.11%. It is useful to compare these rates of return to various U.S. Treasuries, as a general benchmark. The chart below shows a comparison between Treasury yields – based on length of the note, from January 2024 and January 2025:

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

BACKGROUND/DISCUSSION:

State Government Code Section 53600 et al governs the investment of idle cash by local agencies. In addition, local agencies are required to have City Council approved investment policies which further dictate how funds are invested. Government Code Section 53646(b), as well as the City’s investment policy, provide for quarterly reporting of investment activity. The quarterly report, along with details found in Attachments A and B, are designed to provide additional information, comparing current year balances and performance to prior years, etc.

The City of Montebello holds idle cash in various depositories:

• Bank of Montreal (BMO) checking accounts (i.e., General used to pay bills, Payroll for bi-weekly payroll, etc.)
• Local Agency Investment Fund (LAIF) – State Treasurer investment pool • Multi-Bank Securities (MBS) (i.e., Certificates of Deposit)

The investment of idle cash is predicated on the principals of: liquidity, safety and yield, in that order. The City earns interest from the various deposits, hence the diversification of where cash is held. However, the first and foremost priority is having adequate liquidity to pay daily operating costs: payroll, invoices for goods and services, etc.

Cash flow varies throughout the fiscal year, based on timing of the receipt of revenue.

The receipt of property tax revenue in April and December causes the largest inflow in daily cash, followed by quarterly sales tax “true up” payments (i.e., March, June, etc.), receipt of Successor Agency revenue (Redevelopment Property Tax Trust Fund) in January and June, periodic reimbursement of grant expenses, etc.

Therefore, the City maintains a reasonable balance in its checking account – the most liquid account utilized for daily expenses. The LAIF account with the State Treasurer provides additional liquidity. Depending on cash flow needs, withdrawals or deposits are made from/to the LAIF account into/out of the General checking account. Finally,

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

investment in Certificates of Deposit through a clearinghouse service (i.e., Multi-Bank Securities) provides additional yield with funds not needed for immediate liquidity deposited accordingly (approximately $248,000 as of December 31, 2024).

The table below provides an overview of the City’s major liquid cash accounts: BMO checking and the two separate LAIF accounts, from June 2020 through December 2024 (quarter ending values). The average quarterly balance for the City’s checking account since June 2020 is $10.628 million, more than sufficient to meet weekly expenses.

The City’s Investment Policy was most recently reviewed and approved by the City Council on June 12, 2024. Prior to that, the policy was reviewed, approved and updated on: June 14, 2023, June 8, 2022, June 23, 2021, October 28, 2020, and August 19, 2019. The Government Code requires an annual review and approval of the investment policy statement – even if no changes are made.

The 2019 approval was the first time the City’s investment policy was updated since 2011, with a previous update done in 2007. These infrequent reviews and updates were clearly in violation of Government Code. Moreover, Staff has endeavored to present a more thoroughly researched quarterly Treasurer’s report, with detailed background and explanations of the various investment accounts – a marked improvement over prior years reports presented with no discussion or analysis.

In an effort to ensure the City complies with State law, the investment policy will continue to be presented annually along with budget adoption (June of each year). This process will ensure an annual review and update (as necessary) of the investment policy by the City Council, ensuring the City complies with State statutes.

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

The updated version of the City’s investment policy was submitted to the California Municipal Treasurers Association (CMTA) for consideration of their investment policy review and award program. The CMTA investment policy program utilizes public treasury officials to review public agency policies to ensure they comply with best practices and Government Code. For the first time in the City’s 100 plus year history, the City’s policy was submitted and passed the review with flying colors. Having passed this review process is one more indication of the progress made in achieving fiscal sustainability in Montebello, as its policies adhere to best practices.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

It is recommended that the City Council receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2024.

ATTACHMENT(S)

1. Attachment A - Monthly Cash Report

2. Attachment B - Portfolio Summary

ATTACHMENT A

BANK OF THE WEST
Account Number Account Name 12/31/24
1 XXXX-XX770 Housing Successor Agency of the City of Montebello $1,149,072.27 2 XXXX-XX093 Successor Agency of the City of Montebello $1,099,875.36 3 XXXX-71041 City of Montebello $4,727,325.49
4 XXXX-00184 City of Montebello - FSA $24,167.39
5 XXXX-XX331 General $5,734,431.28
6 XXXX-XX287 Trust & Agency $6,063.99
7 XXXX-XX803 Police Retiree Health Account $728,181.68
8 XXXX-XX267 Payroll $0.00
9 XXXX-XX362 Fire Retiree Health Account $230,662.59
$13,699,780.05

STATE OF CALIFORNIA
Account Number Account Name 12/31/24
1 XX-XX-551 General $66,373,872.25
2 XX-XX-068 Successor Agency City of Mtb for Mtb RDA $3,161,236.07 $69,535,108.32

FIRST MERCANTILE TRUST
Account Number Account Name 12/31/24
XXX-XX-X746 CORPORATE ACCOUNT $12.98
XXX-XX-X999 TRUST ACCOUNT $13,551.48
$13,564.46
Pershing LLC - CDs
Account Number Account Name 12/31/24
CD HSBC Bank USA (5/7/20-5/7/25) $248,000.00
$248,000.00
Total General Cash/Investments $77,083,629.02
Total SA Cash/Investments $4,261,111.43
Total HSA Cash/Investments $1,149,072.27
Total T&A Cash/Investments $989,075.65
Total Trustee Cash $13,564.46
Total Cash/Investments $83,496,452.83

CITY OF MONTEBELLO

MONTHLY CASH REPORT (ALL ACCOUNTS)
BALANCE AS OF DECEMBER 31, 2024

ATTACHMENT B

ITEM # 16

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
Joseph Palombi, Director of Planning & Community Development Cesar Roldan, Director of Public Works

SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT NO. 4273 WITH OPENGOV, INC. FOR

PERMITTING AND LICENSING SOFTWARE SOLUTION

DATE: February 12, 2025

RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize the City Manager to execute Professional Services Agreement No. 4273 with OpenGov, Inc. for cloud-based permitting and licensing software solutions provided by Vertosoft in the amount of $101,930 annually for three (3) years with two (2) one-year renewal options, plus one-time implementation costs of $86,800, for a total contract amount not to exceed $393,590; and,

2. Amend the Fiscal Year 2024-25 budget to increase appropriations by $188,730 in Account No. 100-50-500-6010.40 (General Fund, Community Development, Administration, Machinery & Equipment – Computer Software); and,

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

FISCAL IMPACT:

The total first-year cost for the OpenGov (Vertosoft) software will be $188,730, which includes an annual software subscription fee of $101,930 and one-time implementation costs of $86,800 for software configuration, data migration, and staff training. The second and third years will require annual subscription payments of $107,026 and $112,377 respectively, which includes a 5% annual increase. The total three-year contract amount is $393,590 (Attachment A).

The first year of the software and implementation expenses of $188,730 require a budget amendment, increasing appropriations by that amount in Account No. 100-50-500- 6010.40 (General Fund, Community Development, Administration, Machinery & Equipment – Computer Software). Future year costs will be incorporated into the

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

respective fiscal year operating budgets.

This purchase is being made through a co-operative agreement (Attachment B) through the OMNIA (National Cooperative Purchasing Alliance) purchasing cooperative program (of which Montebello is a member). The City’s Municipal Code Section 3.20.050(F) allows for cooperative purchases:

Purchases for goods and/or services that are identical or nearly identical in scope to the goods and/or services listed in any valid, current and competitively bid cooperative governmental purchase program. Pricing shall be the same or better than the pricing contained in the cooperative purchase agreement.

Specifically, the City will be utilizing Contract #01-165 “for software products and services with Vertosoft, LLC” (Attachment B). Vertosoft is the reseller of the software through OpenGov. This master agreement for software products and services was executed through a request for proposal (RFP Solicitation Number 07-23) completed in 2023 (Attachment C). Attachment D provides details on the Scope of Work of this project as well as information on how the new software will improve customer service and efficiency across multiple departments.

BACKGROUND/DISCUSSION:

The City currently utilizes multiple systems and manual processes to manage permitting and licensing functions across departments, including a prior generation permit software and various paper-based workflows. This fragmented and technology-challenged approach has resulted in:
• Extended permit processing times due to manual routing and approvals • Limited visibility across departments on permit status and history • Inability for residents and businesses to apply and pay for permits online • Inefficient inspection scheduling and tracking
• Challenges in accessing historical permit data
• Time-consuming reporting and data compilation
The Community Development and Public Works Departments would benefit from the implementation of a software solution to address these challenges. Specifically, permit issuance by Public Works and the Building Division in Community Development as well as plan checks conducted by the Building Division will have improved processes through use of the OpenGov software solution (Attachment D). Most importantly, residents will have an improved ability to conduct on-line transactions. This ability improves customer service and increases administrative efficiency in both departments, adding to the "business friendly" culture cultivated by the Community Development and Public Works Departments.

Specifically, Public Works encroachment right-of-way permits require operational control and oversight of scheduling to ensure that City-sponsored projects, private construction projects, and other public agency projects do not conflict with each other. Access to general information for reporting purposes on the different types of permits that may be

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

required including, though not limited to, the National Pollutant Discharge Elimination System (NPDES) Municipal Storm Sewer System (MS4) permits, NPDES Construction General permits, Clean Water Act Section 401 Certification and Section 404 permits, and other general permits are of the utmost importance.

The ability to access the database and format the necessary information is possible through this software application. It provides an initial framework Public Works staff can refer to when presented with project opportunities and challenges. The current antiquated and manual system does not allow staff to access pertinent information and is quite inefficient and ineffective.

Recognizing the importance of an efficient and customer-friendly process for development reviews and permitting, and after extensive evaluation, staff recommend implementing OpenGov's Permitting and Licensing solution to address the many challenges currently faced by Public Works and Community Development staff. OpenGov is a leading provider of cloud software for local government, currently serving over 1,800 public agencies including numerous California cities such as Los Angeles, Bell, El Segundo, and Cypress. In addition, Montebello has been utilizing OpenGov's budget software solution for almost six years. OpenGov's budget solution has provided an improved ability to run financial reports, lead to the creation and publication of financial reports posted on the City's website, and improved the ability of Finance and departmental staff to monitor the City's finances with improved reporting and budget creation abilities.

The proposed OpenGov Permitting and Licensing solution will provide:

1. A centralized online portal for all city permits and licenses, accessible to the public

2. Creation of the Montebello Access Portal (“MAP”) to provide a public interface where zoning and permitting information would be shared with the public for enhanced transparency and efficiency

3. Automated workflow routing and approvals across departments

4. Mobile inspection capabilities

5. Integration with GIS and financial systems

6. Comprehensive reporting and analytics

7. Historical data migration from existing systems

8. Unlimited user licenses for staff
OpenGov's proposal (Attachment D) was evaluated through the OMNIA cooperative purchasing program, of which the City is a member. This cooperative agreement ensures competitive pricing and streamlined procurement while meeting all applicable purchasing requirements (Attachments B and C). The proposed agreement (Attachment E) includes:
• Annual subscription for unlimited users
• All software modules and integrations
• Implementation services and staff training
• Data migration from existing systems
• Premium technical support
• Regular software updates and enhancements

CITY COUNCIL AGENDA REPORT - MEETING OF FEBRUARY 12, 2025

Staff anticipates significant operational benefits including:
• Reduced staff time on manual processes
• Improved interdepartmental coordination
• Enhanced customer service through online self-service • Better data access and reporting capabilities
• Increased revenue through more efficient processing
Implementation is expected to take six to nine months and includes comprehensive staff training and ongoing technical support. The solution is expected to reduce permit processing times by 25-50% while improving service delivery to residents and businesses. The Scope of Work provided by OpenGov (Attachment D) provides extensive details on the new software and the implementation plan and timeline.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommend authorizing the City Manager to execute Professional Services Agreement No. 4273 (Attachment E) with OpenGov, Inc for cloud-based permitting and licensing software provided by Vertosoft. The three-year agreement includes annual subscription fees starting at $101,930 plus one-time implementation costs of $86,800, for a total contract amount not to exceed $393,590 over the initial three-year term (Attachment A). The recommended actions include amending the Fiscal Year 2024-25 budget by increasing appropriations by $188,730 in Account No. 100-50-500-6010.40 (General Fund, Community Development, Administration, Machinery & Equipment – Computer Software). This investment will modernize the City's permitting processes, improve interdepartmental coordination, and enhance service delivery to the community.

ATTACHMENT(S)

1. ATTACHMENT A - OpenGov Software Quote for City of Montebello CA, 02_2025

2. ATTACHMENT B - OMNIA Contract No. 01-165 Vertosoft_Response, 05_2023

3. ATTACHMENT C - RFP 07-23_Software_Products_and_Services

4. ATTACHMENT D - OpenGov Permitting Scope of Work

5. ATTACHMENT E - Agr. No. 4273 - Vertosoft LLC

6. ATTACHMENT F - OpenGov_EULA, Final

1602 Village Market Blvd SE, Suite 320
Leesburg, VA20175 USA
Cage Code: 7QV38
UEI Number Y7D5MXRU2839
DUNS# 080431574
Federal Tax ID: 81-3911287
Business Size: Small Business
Date: 1/23/2025, 5:48 PM
Phone: 571 707-4130
Fax: 571-291-4119
Email: [email protected]
Vertosoft Contact: Carly Moore
Phone: (540) 998-8361
Email: [email protected]
OpenGov Quote for City of Montebello, CA
Contract: NCPA - OMNIA 01-165
Quote #: Q-09826
Expires On: 2/17/2025
Ship To
City of Montebello, CA
Michael Solorza
[email protected]
Quote For
:

Name: Michael Solorza
Company: City of Montebello, CA
Email: [email protected]
Phone:

PAYMENT TERMS DELIVERY METHOD PAYMENT METHOD VERTOSOFT CUST ID SUPPLIER REF # Net 30 Electronic Check/ACH/Credit Card
Group1
PART # DESCRIPTION START
DATE
END
DATE

QTY UNIT
PRICE

EXTENDED

OG-SWCI-
B200300M-AR-3Y
Citizen Services — Unlimited Service Areas -
Between $200-300 Million - 3Y
2/15/2025 2/14/2026 1.00 $101,930.00 $101,930.00

OG-PSBG-
B200300M-OT-0Y
Professional Services Deployment - Prepaid -
Between $200-300 Million - 0Y
2/15/2025 2/14/2026 434.00 $200.00 $86,800.00
Group1 TOTAL: $188,730.00

ATTACHMENT A

Group2
PART # DESCRIPTION START
DATE
END
DATE

QTY UNIT
PRICE

EXTENDED

OG-SWCI-
B200300M-AR-3Y
Citizen Services — Unlimited Service Areas -
Between $200-300 Million - 3Y
2/15/2026 2/14/2027 1.00 $107,026.51 $107,026.51
Group2 TOTAL: $107,026.51
Group3
PART # DESCRIPTION START
DATE
END
DATE

QTY UNIT
PRICE

EXTENDED

OG-SWCI-
B200300M-AR-3Y
Citizen Services — Unlimited Service Areas -
Between $200-300 Million - 3Y
2/15/2027 2/14/2028 1.00 $112,377.83 $112,377.83
Group3 TOTAL: $112,377.83
TOTAL: $188,730.00

Quote Terms

By purchasing the products and services described in this order form, the Customer is expressly agreeing to the End User Agreement published at https://www.vertosoft.com/terms-and-conditions-opengov

Taxes: Sales tax shall be added at the time of an invoice, unless a copy of a valid tax exemption or resale certificate is provided.

Credit Card Orders: Additional fees may apply if paying by credit card.

All Purchase Orders must include: End User Name, Phone Number, Email Address, Purchase Order Number, Government Contract Number or Our Quote Number, Bill-To and Ship-To Address (Cannot ship to a PO Box), Period of Performance (if applicable), and a Signature of a duly Authorized Representative.

Regi
on 14 ESC
Contract # 01-165
for
Software Products and Services
wi
th
Vertosoft, LLC
E
ffective: May 1, 2023

ATTACHMENT B

Software Products and Services 07-23
Vertosoft Response 03/23/2023
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

RFP Response

for

Software Products and Services

07-23

Presented by:

Vertosoft LLC
1602 Village Market Blvd. #320
Leesburg, VA 20175

DUNS# 080431574 & Cage Code: 7QV38
GSA Contract # GS-35F-688GA
Certified Small Business Concern
Federal Tax ID: 81-3911287

Chet Hayes
Chief Technology Officer
571.707.4137
[email protected]

www.vertosoft.com

03/23/2022

Software Products and Services 07-23
Vertosoft Response 03/23/2023
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

Table of Contents
Tab 1 – Master Agreement / Signature Form ................................................................................. 1 Tab 2 – NCPA Administration Agreement ................................................................................... 11 Tab 3 – Vendor Questionnaire ...................................................................................................... 15 Tab 4 – Vendor Profile ................................................................................................................. 18 Tab 5 – Products and Services / Scope ......................................................................................... 26 Tab 6 – References........................................................................................................................ 37 Tab 7 – Pricing .............................................................................................................................. 40 Tab 8 – Value Added Products and Services ................................................................................ 41 Tab 9 – Required Documents ....................................................................................................... 43

Software Products and Services 07-23
Vertosoft Response 03/23/2023

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

1 Tab 1 – Master Agreement / Signature Form

MASTER AGREEMENT - GENERAL TERMS AND CONDITIONS

Customer Support
The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.

Disclosures
Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.

Renewal of Contract
Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor.

Funding Out Clause
Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:

Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.

Shipments (if applicable)
The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable.

Tax Exempt Status

Software Products and Services 07-23
Vertosoft Response 03/23/2023

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

2 Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

Payments
The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.

Adding Authorized Distributors/Dealers
Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.

Purchase orders and payment can only be made to awarded vendor or distributors/ business partners/resellers previously approved by NCPA.

Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.

All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.

Pricing
All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.

All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing

Warranty
Proposal should address the following warranty information:
• Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
• Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment

Products: Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Construction: Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided.

Safety

Software Products and Services 07-23
Vertosoft Response 03/23/2023

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

3 Vendors performing services shall comply with occupational safety and health rules and regulations. Also all vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that may cause injury or damage to persons or property.

Permits
Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the vendor.

Indemnity
The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.

Franchise Tax
The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

Supplemental Agreements
The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.

Certificates of Insurance
Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified.

Legal Obligations
It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein.

Protest
A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
• Name, address and telephone number of protester

Software Products and Services 07-23
Vertosoft Response 03/23/2023

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

4 • Original signature of protester or its representative • Identification of the solicitation by RFP number
• Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested

Any protest review and action shall be considered final with no further formalities being considered.

Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; pandemic; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty

Prevailing Wage
It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.

Termination
Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.

Software Products and Services 07-23
Vertosoft Response 03/23/2023

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

5 Open Records Policy
Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Software Products and Services 07-23
Vertosoft Response 03/23/2023

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

6 PROCESS

Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.

Contract Administration
The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.

Contract Term
The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years.

It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract.

Contract Waiver
Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract.

Price Increases
Should it become necessary, price increase requests may be submitted at any point during the term of the contract by written amendment. Included with the request must be documentation and/or formal cost justification for these changes. Requests will be formally reviewed, and if justified, the amendment will be approved.

Products and Services Additions
New Products and/or Services may be added to the resulting contract at any time during the term by written amendment, to the extent that those products and/or services are within the scope of this RFP.

Competitive Range
It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration.

Software Products and Services 07-23
Vertosoft Response 03/23/2023

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

7 Deviations and Exceptions
Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.

Estimated Quantities
While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for Products and Services purchased under the proposed Master Agreement is $150 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program.

Evaluation
Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.

Formation of Contract
A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. Contract award letter issued by Region 14 ESC is the counter- signature document establishing acceptance of the contract.

NCPA Administrative Agreement
The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.

Clarifications/Discussions
Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions.

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

8 Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.

Multiple Awards
Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.

Past Performance
Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

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9 EVALUATION CRITERIA
Pricing (40 points)
Electronic Price Lists
• Products, Services, Warranties, etc. price list
• Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.

Ability to Provide and Perform the Required Services for the Contract (25 points) • Product Delivery within participating entities specified parameters • Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
• Vendor’s ability to perform towards above requirements and desired specifications. • Past Cooperative Program Performance
• Quantity of line items available that are commonly purchased by the entity. • Quality of line items available compared to normal participating entity standards.

References and Experience (20 points)
• A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years
• Respondent Reputation in marketplace
• Past Experience working with public sector.
• Exhibited understanding of cooperative purchasing

Value Added Products/Services Description, (8 points)
• Additional Products/Services related to the scope of RFP • Marketing and Training
• Minority and Women Business Enterprise (MWBE) and (HUB) Participation • Customer Service

Technology for Supporting the Program (7 points)
• Electronic on-line catalog, order entry use by and suitability for the entity’s needs • Quality of vendor’s on-line resources for NCPA members. • Specifications and features offered by respondent’s products and/or services

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation. 10 SIGNATURE FORM
The undersigned hereby pr
oposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

Prices are guaranteed: 120 days
_____________________________
_________________________________________
Company Name
_____________________________
_________________________________________
Address
_____________________________
_________________________________________
City State Zip
_____________________________
_________________________________________
Telephone Number Fax Number
_____________________________
_________________________________________
Email Address
_____________________________
_________________________________________
Printed Name Position
_____________________________
_________________________________________
Authorized Signature
Vertosoft LLC
1602 Village Market Blvd SE Suite 320
Leesburg
VA
20175
571.707.4137
[email protected]
Chet Hayes
Chief Technology Officer

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation. 11 Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of , by and
between National Cooperative Purchasing Alliance (“NCPA”) and (“Vendor”).

Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated , referenced as Contract Number , by
and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Software Products and Services;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”)may purchase products and services at the prices indicated in the Master Agreement;
WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement;
WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis; NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:

General Terms and Conditions
• The Master Agreement, attached hereto as Exhibit 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Administration Agreement except as expressly changed or modified by this Administration Agreement.
• NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Administration Agreement including, but not limited to, Contractor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC. • Contractor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.

VertosoftLLC
01-165May 1, 2023
May 1 2023
DocuSign Envelope ID: 893CAB3A-488C-438A-BEE5-D6017D175062

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation. 12 • NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Contractor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
• With respect to any purchases made by Region 14 ESC or any Participating Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re- marketer, representative, partner, or agent of any type of Contractor, Region 14 ESC, or such Participating Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 14 ESC, any Participating Agency or any employee of Region 14 ESC or Participating Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Participating Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Participating Agency, or any employee of Region 14 ESC or Participating Agency under this Administration Agreement or the Master Agreement. • With respect to any supplemental agreement entered into between a Participating Agency and Contractor pursuant to the Master Agreement, NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. • This Administration Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Administrative Agreement which is not contained herein shall be valid or binding. • Contractor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this Administration Agreement or the Master Agreement by Contractor must have prior approval from NCPA.
• If any action at law or in equity is brought to enforce or interpret the provisions of this Administration Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
• Neither this Administration Agreement nor any rights or obligations hereunder shall be assignable by Contractor without prior written consent of NCPA, provided, however, that the Contractor may, without such written consent, assign this Administration Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Administration Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Administration Agreement.
• This Administration Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder.

Term of Agreement
This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.

DocuSign Envelope ID: 893CAB3A-488C-438A-BEE5-D6017D175062

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16 If awarded a Master Agreement, will your company extend the terms offered in your Proposal to public agencies in Canada? If no or maybe, please explain.

X Yes  Maybe  No

If awarded a Master Agreement, will your company extend the terms offered in your Proposal to private sector customers?

 Yes  Maybe X No

Minority and Women Business Enterprise (MWBE) and (HUB) Participation It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.

 Minority/Women Business Enterprise
Respondent Certifies that this firm a Minority /
Women Business Enterprise
 Historically Underutilized Business
Respondent Certifies that this firm is a
Historically Underutilized Business

Small Business, MWBE and HUB Growth
If Proposer is a Large, National or Multinational Organization/Corporation, what programs are in place that partners or supports the growth of small and MWEB and HUB business? If yes, please describe.

X N/A, we are a recognized small, MWEB or HUB organization

Vertosoft is a Certified Virginia Small Business Concern: 725842

 No, we do not have any programs in place.

 Yes, we have programs in place.

Residency
Responding Company’s principal place of business is in the city of Leesburg , State of
Virginia .

Felony Conviction Notice
Please Check Applicable Box (If the 3
rd box is checked, a detailed explanation of the names and convictions must be attached):

 A publicly held corporation; therefore, this reporting requirement is not applicable.

X Is not owned or operated by anyone who has been convicted of a felony.  Is owned or operated by the following individual(s) who has been convicted of a felony

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

18 Tab 4 – Vendor Profile
Please provide the following information about your company:
• Company’s official registered name.

Vertosoft LLC

• Brief history of your company, including the year it was established.

Established in 2016, Vertosoft LLC (Vertosoft) is focused on delivering innovative and emerging technologies and services to organizations such as NCPA and public sector agencies. Consistent with our singular focus on public sector agencies, Vertosoft has deep knowledge and experience supporting all phases of the acquisition life cycle. We specialize in providing services to emerging technology companies and the public sector agencies they serve. Strategic sourcing is our forte, streamlining the time required to provide critical technology and services to government end users at reduced prices. We provide NCPA members the flexibility, agility, and responsiveness of a certified small business with the experience of a large organization. Vertosoft’s staff is widely respected and relied upon for its professional, ethical business approach. Our success is based upon the leadership of a highly-experienced management team, and our staff has deep expertise in meeting each agency’s specific requirements and, in the technology required to satisfy those requirements.

• Company’s Dun & Bradstreet (D&B) number.

080431574

[REST OF PAGE INTENTIONALLY BLANK]

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19 • Company’s organizational chart of those individuals that would be involved in the contract.

• Corporate office location.

Vertosoft’s corporate office is located at 1602 Village Market Blvd. #320 in Leesburg, VA.

This is also the location for our national sales support center for our sales teams across the country. As Vertosoft focuses exclusively on software and SaaS solutions, we do not have the need for traditional hardware service centers.

o List the number of sales and services offices for states being bid in solicitation.

Vertosoft has additional locations in Charleston, SC, Raleigh, NC, Philadelphia, PA, and Tacoma, WA.

o List the names of key contacts at each with title, address, phone and e-mail address.

Vertosoft will manage the contract from our national sales center in Leesburg, Virginia. The key contacts in support of this contract will be:

i. Executive Support

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20 Jay Colavita, President
[email protected]
703.568.4703

ii. Marketing
Mary Dawson
[email protected]
703.298.5052

iii. Sales
Josh Slattery, VP of Technology Sales
[email protected]
703.915.7856

iv. Sales Support
Nur Rahman, Director of Operations
[email protected]
571.355.5347

v. Financial Reporting
Michael DiPlacido, Government Contract Manager
[email protected]
484.620.4567

vi. Accounts Payable
Hannah Xiu, Chief Financial Officer
[email protected]
571.216.2502

vii. Contracts
Michael DiPlacido, Government Contract Manager
[email protected]
484.620.4567

• Define your standard terms of payment.

Vertosoft’s payment terms are NET 30 and we accept both purchase orders and credit/procurement cards as forms of payment. When a credit card is used as a form of payment, we do require a call with our finance department to help reduce errors and fraud.

• Who is your competition in the marketplace?

ImmixGroup, DLT, Carahsoft

• Provide Annual Sales for last 3 years broken out into the following categories:
o Cities / Counties
o K-12
o Higher Education
o Other government agencies or nonprofit organizations

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21 • What differentiates your company from competitors?

Vertosoft is committed to providing the highest quality of service to NCPA members through this contract. To facilitate this high level of service, Vertosoft maintains an ISO 9001:2015 certification that demonstrates Vertosoft’s commitment to the highest level of excellence and customer satisfaction. Our Quality Management program supports our core business processes and provides the tools through which we measure, control, and improve these processes which include:
• Maintaining product catalogs and price lists on different government contract vehicles.
• Error free quoting to the government on behalf of our technology partners. • Efficient purchase order (PO) processing from our public sector customers. • Efficient PO delivery to our technology partners.
• Accurate invoice creation for public sector customers for solutions delivered by our technology partners.
• Customer satisfaction measurement with the overall procurement process experience through Vertosoft.

Vertosoft’s expertise is largely focused on emerging technology companies that are providing the most innovative and cutting-edge technology to public sector organizations.

While some resellers try to offer as many products as possible and convince organizations this is valuable, they are unable to develop any sort of expertise or understanding of what they are selling, resulting in agencies getting a less than optimal solution. Vertosoft focuses on the best of the best and builds a deep understanding of those innovative products and how to employ those products to best meet the needs of the agency.

Every public agency who buys from Vertosoft is assigned a Customer Success Manager (CSM). This CSM is a United States Citizen, and a resource for the agency to ensure the correct software was delivered, and they have quick and easy access to support from the software supplier if needed. The CSM acts a champion on behalf of the agency to the supplier to ensure the highest level of service.

• Describe how your company will market this contract if awarded.

Vertosoft maintains a dedicated public sector sales team with multiple years of experience utilizing national contracts such as NCPA for our customers. Our sales team will partner with

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22 the NCPA marketing to educate public sector organizations in the value of using the contract and encourage them to utilize the vehicle for purchases.

Vertosoft’s Software Manufacturer Partners have established national sales forces that include public sector entities. As part of our Partner’s selling efforts into these entities they will encourage potential customers to use the contract to acquire the desired technology solution.

Within the first 14 days after award Vertosoft will issue a co-branded press release announcing the award and specific details of the contract. This will be combined with targeted social media postings to promote the use of the contract for eligible public sector organizations.

Within 30 days after award, Vertosoft will launch a dedicated web site with the NCPA standard logo. The website will have a copy of the original request for proposal, copy of the contract, summary of products being offered, marketing materials, and a link to NCPA website. Vertosoft will also include a dedicated toll-free number and email address for NCPA participating entities.

Within 60 days after award, Vertosoft will execute a dedicated email and contact campaign to notify existing and potential public sector agencies about the contract and provide guidance on how to leverage the contract in the future.

• Describe how you intend to introduce NCPA to your company.

Within 7 days after award, Vertosoft Executive Leadership will sponsor a kick-off meeting with the Vertosoft sales team where the contract will be endorsed, and the sales team educated on the terms and conditions of the contract.

In addition, a NCPA microsite will be created on Vertosoft’s internal corporate Intranet.

This will include key information about the contract, points of contact, how to use the contract to place an order, and the product catalog. This will be an ongoing tool to help the internal sales team leverage the contract on an ongoing basis.

Withing 30 days after award, Vertosoft will meet with the individual public sector sales teams of the respective software manufacturers being offered to educate them on the terms and conditions. This will provide a force multiplier effect by having not only the Vertosoft sales team position the contract, but also having the software manufacturers position the contract as part of their sales cadence.

• Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.

Vertosoft does provide our entire catalog of software and solutions on our website, and will be available under a public microsite dedicated to the NCPA contract.

As Vertosoft specializes in software, we work directly with participating entities to identify the challenges they are trying to address, and we provide them with a potential solution that is part of our catalog of products. We inform the participating

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23 entity of an efficient procurement path via the catalog and execute the contract through their standard procurement process.

• Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)

Vertosoft’s national service center is in Leesburg, Virginia. The service center operates Monday – Friday between 8AM ET – 8PM ET and is staffed by US Citizens. Vertosoft does offer mission critical support services that would provide 24hr x 7 x 365 services if needed.

• Green Initiatives (if applicable)

o As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.

As a software distributor, Vertosoft has a naturally low impact on the environment.

However, Vertosoft maintains a corporate Sustainability Policy which is provided below:

Vertosoft LLC strives to be a leader in environmental sustainability and believes that a successful future for our business and the customers we serve depends on the sustainability of the environment, communities, and economies in which we operate.

As a responsible corporate citizen, we bear a responsibility to consider the impacts of our actions and how they affect the environment both directly in terms of our own operation, and indirectly through our purchasing decisions, the products, and services we offer to our customers and the business opportunities we pursue.

We are committed to minimizing the impact of our operations on the environment and to demonstrating leadership by integrating environmental considerations into all our business practices.

We are committed to protecting the environment through responsible management of our operations and give appropriate weight and consideration to this environmental policy when making future planning and investment decisions.

Vertosoft LLC will set targets and objectives, within the scope of the environmental management system, to achieve continual improvement and a sustainable development;

Vertosoft LLC will establish and periodically review and report progress on objectives and targets in the pursuit of continual improvement in our environmental management system for the purpose of enhancing our environmental performance and ongoing prevention of pollution.

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24 Vertosoft LLC will minimize the environmental impacts of our own operations through best practice management of use of our energy, transportation, material consumption, water use, waste and emissions. Vertosoft will also encourage suppliers, subcontractors, retailers and recyclers of our products to adopt the same environmental principals as Vertosoft LLC;

Vertosoft LLC will raise employee awareness and support employee creativity and enthusiasm with respect to implementing our environmental policies, guidelines, programs, and initiatives. Vertosoft will also continually promote environmental awareness, responsibility, and best practices and to support the environmental sustainability culture of our company through education and in-house initiatives to reduce our environmental footprint.

• Anti-Discrimination Policy (if applicable)
o Describe your organizations’ anti-discrimination policy.

As a federal contractor, it is the policy of Vertosoft LLC to take affirmative action as called for by applicable laws and executive orders to:
• Provide equal employment opportunities to all qualified persons and recruit, hire, train, terminate, promote, and compensate persons in all jobs without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information or characteristics, protected veteran status, or other protected classifications in accordance with federal law.
• Administer personnel actions in areas such as compensation, benefits, transfers, layoffs and recalls, Company-sponsored education training, tuition assistance, and social and recreational programs to ensure that no employees are discriminated against.
• Ensure employment decisions are made in furtherance of the objective of equal employment including, but not limited to:
o Recruitment and selection–Recruitment and hiring of all personnel is accomplished without discrimination against any individual whose status is protected by applicable state or local law.
o Promotion–Individuals will be upgraded and promoted on the basis of their abilities, skills, and experience. The Company will undertake good faith efforts to ensure that minority and women employees, disabled individuals, and covered veterans, who are qualified, as well as those who become qualified through training, are considered for promotion.
o Transfers–When vacancies occur, the Company will make every good faith effort to effect transfers of qualified minority and women employees, disabled individuals, and covered veterans, into areas where such employees may have been or may now be
underutilized.
o Terminations–When reductions in Company work force occur, they will be based on nondiscriminatory factors and make every good faith effort to ensure that minorities and women, disabled individuals, and covered veterans are treated in a nondiscriminatory manner.

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25 • Vendor Certifications (if applicable)
o Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.

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26 Tab 5 – Products and Services / Scope

Vertosoft is pleased to over NCPA and member agencies access our catalog of emerging and innovative technology companies. A partial list of those vendors and the value they bring has been listed below. These products span a wide range of technology categories including: Big Data and Analytics, Cybersecurity, Business Applications, Machine Learning/Artificial Intelligence, DevSecOps, and Training/Education. A detailed list of part numbers, along with pricing is found in the attached Pricing Spreadsheet.

Software

Commercial-Off-the-Shelf (COTS) Software,
Application Software

Alation is the data catalog where everyone in
your organization can find the data they need to
collaborate, automatically indexing your data by
source. Alation automatically indexes your data
by source. It also automatically gathers
knowledge about your data. Like Google, Alation
uses machine learning to continually improve
human understanding.

Commercial-Off-the-Shelf (COTS) Software,
Application Software

Government agencies process large volumes of
data and documents every day, much of it
manually. Repetitive, manual processes slow
down employees and the services they provide
to the public. As agencies continue to modernize
systems, Robotic Process Automation (RPA) can
automate repetitive tasks, freeing agency
employees to focus on the things only humans
do well and not get burdened with monotonous
tasks. With RPA from Automation Anywhere,
government agencies can create a scalable,
secure, and reliable intelligent Digital Workforce
that is highly efficient and compliant with all
federal mandates.

Commercial-Off-the-Shelf (COTS) Software,
Security Software

BeyondTrust is the worldwide leader in intelligent
identity and access security, empowering
organizations to protect identities, stop threats,
and deliver dynamic access to empower and
secure a work-from-anywhere world. Our
integrated products and platform offer the
industry's most advanced privileged access

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27 management (PAM) solution, enabling
organizations to quickly shrink their attack
surface across traditional, cloud and hybrid
environments.

With a heritage of innovation and a staunch
commitment to customers, BeyondTrust
solutions are easy to deploy, manage, and scale
as agencies evolve. BeyondTrust solutions are
deployed in all cabinet level Federal Civilian
agencies and over 100+ Defense Department
environments. We are trusted across all 4
branches of the DoD, including the 4th estate,
with ATO’s both on the classified and
unclassified side.

Commercial-Off-the-Shelf (COTS) Software,
Software as a Service applications

Bizagi's industry-leading platform for low-code
process automation connects people,
applications, robots, and information. As the
most business-friendly and flexible solution on
the market, Bizagi's cloud-native platform
enables true collaboration between business and
IT, delivering faster adoption and success.

Fueled by a community of millions of users,
Bizagi powers over 400 enterprises worldwide.

Commercial-Off-the-Shelf (COTS) Software,
Communication Software

Chainbridge Technologies started developing
their first emergency management solutions in
2004, and today their planning, preparedness,
response, and recovery systems are utilized by
tens of thousands of emergency managers and
responders across all levels of government and
the private sector. Their innovative use of cloud,
mobile, GIS, and social media technologies,
combined with policy and operational subject
matter expertise, is applicable to the full
spectrum of emergency response missions
encompassing both All-Hazard and CBRN
incidents.

Commercial-Off-the-Shelf (COTS) Software,
Security Software

Claroty's unified platform integrates with
customers’ existing infrastructure to provide a full
range of controls for visibility, risk and
vulnerability management, threat detection, and

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28 secure remote access. Backed by the world’s
largest investment firms and industrial
automation vendors, Claroty is deployed by
hundreds of organizations at thousands of sites
globally. The company is headquartered in New
York City and has a presence in Europe, Asia-
Pacific, and Latin America.

Commercial-Off-the-Shelf (COTS) Software,
Application Software

DataRobot is the leader in enterprise AI,
delivering trusted AI technology and ROI
enablement services to global enterprises.

DataRobot’s enterprise AI platform democratizes
data science with end-to-end automation for
building, deploying, and managing machine
learning models. This platform maximizes value
to the mission by delivering AI at scale and
continuously optimizing performance over time.

The company’s proven combination of cutting
edge software and world-class AI
implementation, training, and support services,
empowers any organization – regardless of size,
industry, or resources – to drive better business
outcomes with AI.

Commercial-Off-the-Shelf (COTS) Software,
Security Software

Devo is reinventing logging and security
analytics as the next generation SIEM platform
for the Public Sector. Devo enables you to ingest
data from all your data sources, closing the
visibility gap that puts your organization at higher
risk. Security Operations integrates with your
existing security ecosystem to enrich
investigations with valuable context. Being able
to seamlessly integrate all your data sources and
ease your scaling worries. Devo exceeds your
needs with none of the infrastructure
management overhead. Stop worrying about
search volume and concurrency. Devo supports
thousands of always real-time concurrent
queries. That’s what confidence in a logging and
security analytics platform feels like.

Commercial-Off-the-Shelf (COTS) Software,
Software for Engineering and Product
Development

Software Products and Services 07-23
Vertosoft Response 03/23/2023

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

29 Digital.ai is the first enterprise value stream
management platform that enables enterprises to
focus on outcomes instead of outputs, create
greater business value faster, and deliver secure
digital experiences their users trust. The
Digital.ai Value Stream Platform seamlessly
integrates all the disparate tools and processes
across the various DevOps initiatives, uses data
and AI/ML to create connective tissue between
them, and provides the real-time, contextual
insights required to drive and sustain successful
digital transformation. With Digital.ai, enterprises
have the visibility they’ve been seeking to deliver
value, drive growth, increase productivity, reduce
security risks, and improve customer experience.

Commercial-Off-the-Shelf (COTS) Software,
Software as a Service applications

EcoInteractive provides industry-leading
enterprise SaaS solutions to government
transportation and environmental organizations
nationwide. Our products support a diverse
range of critical workflows for agencies planning
our country’s vast transportation infrastructure.

Our software transforms data into integrated
real-time insights that enable the management of
transportation improvement projects worth
hundreds of billions of dollars. Our SaaS
solutions are also extensively utilized in
integrating workflow and data sets for the
management of environmental projects.

Commercial-Off-the-Shelf (COTS) Software,
Security Software

Enveil is a pioneering data security company
protecting Data in Use. Enveil’s business-
enabling and privacy-preserving capabilities for
secure data search, sharing, and collaboration
protect data while it's being used or processed –
the 'holy grail' of data encryption. Powered by
homomorphic encryption, Enveil’s ZeroReveal®
solutions provide Trusted Compute in Untrusted
Locations™, allowing organizations to securely
derive insights, cross-match, and search third-
party data assets without ever revealing the
contents of the search itself or compromising the
security or ownership of the underlying data.

Enveil is NIAP/CSfC-certified to deliver nation-
state level protection to the global marketplace.

Founded by U.S. Intelligence Community alumni

Software Products and Services 07-23
Vertosoft Response 03/23/2023

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

30 with backgrounds in mathematics, algorithmics,
and machine learning, Enveil is revolutionizing
data security by addressing a Data in Use
vulnerability that people have been chasing for
more than 20 years.

Commercial-Off-the-Shelf (COTS) Software,
Application Software

The first cloud-based software to manage the
end-to-end policymaking process. Policymakers
save time and resources with a single source of
truth for all policymaking activity. Esper is a
mission-driven group of technologists and policy
experts passionate about improving the
policymaking process in government.

Commercial-Off-the-Shelf (COTS) Software,
Software for Engineering and Product
Development

Harness is the industry’s first end-to-end
software delivery platform using AI/ML. The
modular platform is comprised of Continuous
Integration (CI), Continuous Delivery (CD),
Cloud-Cost Management (CCM), Feature Flags,
Security Test Orchestration (STO), Service
Reliability Management (SRM), and Chaos
Engineering (CE).

Commercial-Off-the-Shelf (COTS) Software,
Communication Software, Security Software,
Application Software, Software for
Engineering and Product Development,
Database Software, Information Worker
Software

HCL is a next-generation global technology
company that helps enterprises reimagine their
businesses for the digital age. Its technology
products, services and engineering are built on
four decades of innovation, with a world-
renowned management philosophy, a strong
culture of invention, and a relentless focus on
customer relationships. HCL serves leading
enterprises across key industries, including 250
of the Fortune 500 and 650 of the Global 2000.

Software Products and Services 07-23
Vertosoft Response 03/23/2023

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

31 Commercial-Off-the-Shelf (COTS) Software,
Industrial Automation Software

iDocket offers public access to judicial
information, e-Filing, e-Recording, and property
records from an ever-increasing number of the
nation's local governments.

Among the government services offered is
iDocket’s innovative local government software
for other judicial processes, such as arrest,
indictment, and final adjudication. This was
specifically designed for government officials,
including Judges, Sheriffs, District/County
Attorneys, County/District Clerks, and Justices of
the Peace.

Commercial-Off-the-Shelf (COTS) Software,
Educational Software

77% of security leaders say that gamification
could be used to make their organization safer.

Instead of checkbox training that’s forgotten in
days, our technology uses game mechanics and
encourages creativity to meet objectives relevant
to a user’s role. Immersive Labs contains
hundreds of cyber skill experiences and content
for red teams, penetration testers and ethical
hackers. And we’re always adding more powered
by the very latest threat intelligence.

Commercial-Off-the-Shelf (COTS) Software,
Security Software

Keeper is the ultimate cybersecurity and
productivity application that protects every
remote employee and all their devices against
password-related data breaches and
cyberthreats. Secure your business passwords
to prevent data breaches, improve employee
productivity and meet compliance standards.

Commercial-Off-the-Shelf (COTS) Software,
System Software

MyWorkDrive provides a software-only, on-
premises solution for secure remote file access
from anywhere for any device. Users gain
access in minutes without Sync, VPN, RDP or
migrating data. MyWorkDrive is for IT leaders
looking for a cloud-like file sharing solution that
has ransomware protection & DLP, facilitates
data governance compliance (FIPS, HIPAA,
FINRA, GDPR), enhances Office 365 real-time

Software Products and Services 07-23
Vertosoft Response 03/23/2023

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation.

32 online collaboration, with a lower TCO. They give
you easy, secure remote access to your
organization’s files using your server storage
with no security worries about your data being in
the cloud or syncing down to remote computers.

Commercial-Off-the-Shelf (COTS) Software,
Application Software

OpenGov is the leader in budgeting and
performance for the public sector whose mission
is to power a more effective and accountable
government. We offer three easy-to-use cloud-
based software solutions that transform how
governments budget, measure performance, and
engage the public. With OpenGov, agencies can
make more informed decisions and drive better
outcomes for the public.

Commercial-Off-the-Shelf (COTS) Software,
Application Software

PublicInput helps you increase public
engagement and communication with your
community, while reducing your workload
burdens with an integrated solution.

Commercial-Off-the-Shelf (COTS) Software,
System Software, Software as a Service
applications, Software for Engineering and
Product Development

Red Hat delivers hardened, open source
solutions that make it easier for enterprises to
work across platforms and environments, from
the core datacenter to the network edge. By
operating transparently and responsibly, we
continue to be a catalyst in open source
communities, helping you build flexible, powerful
IT infrastructure solutions.

Commercial-Off-the-Shelf (COTS) Software,
Industrial Automation Software

Since 2017, SOMA Global has been a leading
provider of cloud-native critical-response public
safety software solutions. SOMA's team of public
safety veterans and mission-driven developers
are focused on enabling agency partners to
focus on what matters most, fulfilling their
mission in the communities they serve. Through
world-class customer service in combination with