CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 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
Danielle Romero, 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
March 12, 2025: City Council Meeting Page 2 of 6
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,
March 12, 2025: City Council Meeting Page 3 of 6
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. PUBLIC EMPLOYEE DISCIPLINE, DISMISSAL, RELEASE
Government Code Section 54957
One matter to review on appeal from a decision of the Civil Service Commission
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
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - CITY MANAGER
CEREMONIAL ITEMS/PRESENTATIONS
3. CITIZEN OF THE MONTH - RICHARD FARBER
4. PROCLAMATION FOR NATIONAL DEVELOPMENT DISABILITIES MONTH
5. PROCLAMATION FOR WOMEN'S HISTORY MONTH
6. PROCLAMATION FOR NATIONAL NUTRITION MONTH
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to 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
March 12, 2025: City Council Meeting Page 4 of 6
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
7. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2481 AMENDING MONTEBELLO MUNICIPAL CODE CHAPTER 3.20 "PURCHASING SYSTEM" AND CHAPTER 3.21 "CONTRACTS FOR PROFESSIONAL AND SPECIAL SERVICES"
RECOMMENDATION: It is recommended that the City Council:
1. Conduct the First Reading of and introduce Ordinance No. 2481 Amending Municipal Code Chapter 3.20 “Purchasing System,” and Chapter 3.21 “Contracts for Professional and Special Services” of the Montebello Municipal Code Relating; and,
2. 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.
8. APPROVE INCREASES TO BLANKET PURCHASE ORDERS WITH AMERICAN MOVING PARTS LLC, L.N.
CURTIS AND SONS, NEXUS HOLDING LLC AND HARDING AUTO PARTS FOR SUPPLIES AND
MAINTENANCE FOR FIRE DEPARTMENT EQUIPMENT AND VEHICLE MAINTENANCE
RECOMMENDATION: It is recommended that the City Council:
1. Approve an increase of $15,000 to the blanket purchase order with American Moving Parts, LLC for the total not-to-exceed amount of $130,000; and
2. Approve an increase of $150,000 to the blanket purchase order with L.N. Curtis and Sons for the total not-to-exceed amount of $522,773; and
3. Approve an increase of $65,000 to the blanket purchase order with Nexus Holding LLC (DBA Vortex) for the total not-to-exceed amount of $99,900; and
4. Approve an increase of $65,000 to the blanket purchase order with IB Auto Parts Inc (DBA Hardy Auto Parts) for the total not-to-exceed amount of $114,999; and,
5. Take such additional, related action that may be desirable.
9. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3956 WITH INTER-CON SECURITY SYSTEMS, INC.
TO CONTINUE PROVIDING PARKING ENFORCEMENT SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 3956 between the City of Montebello and Inter-Con Security Systems, Inc. for a Two (2) Year Term Extension; and
2. Authorize the City Manager and/or his designee to execute Amendment No. 1 on behalf of the City; and
3. Take such additional, related, action that may be desirable.
10. ADOPT RESOLUTION NO. 25-21 AUTHORIZING SUBMISSION OF AN APPLICATION FOR FISCAL YEAR 2026 FEDERAL TRANSIT ADMINISTRATION SECTION 5307 - 15% DISCRETIONARY CAPITAL FUNDS AND
March 12, 2025: City Council Meeting Page 5 of 6
1% ASSOCIATED TRANSIT IMPROVEMENT FUNDS
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-21 to authorize the submission of an application for Fiscal Year 2026 to the Metro Bus Operations Subcommittee (BOS) for Federal Transit Administration (FTA) Section 5307 - 15% Discretionary Capital Funds and 1% Associated Transit Improvement (ATI) Funds; and
2. Take such additional, related action that may be desirable.
11. APPROVE SUBMISSION OF THE CITY’S FISCAL YEAR 2025-26 ANNUAL EXPENDITURE PLAN AS PART
OF THE LOS ANGELES COUNTY SAFE, CLEAN WATER PROGRAM (MEASURE W)
RECOMMENDATION: It is recommended that the City Council:
1. Authorize staff to submit the Los Angeles County Safe, Clean Water Program (Measure W) Annual Expenditure Plan for Fiscal Year 2025-26; and,
2. Take such additional, related action that may be desirable.
12. AUTHORIZE THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT NO. 4182
WITH ZENCITY FOR SOCIAL MEDIA MONITORING AND ANALYSIS
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to execute Professional Services Agreement No. 4182 with ZenCity in an amount not-to-exceed Forty-Nine Thousand Dollars ($49,000) annually for three (3) years with two (2) one-year renewal options for social media monitoring and analysis; and
2. Authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and
3. Take such additional, related action that may be desirable.
13. APPROVAL OF MINUTES: JANUARY 8, 2025, CITY COUNCIL MEETING; JANUARY 22, 2025, CITY COUNCIL MEETING; JANUARY 22, 2025, CITY COUNCIL AND SUCCESSOR AGENCY MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said Minutes as is.
14. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 25-20 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MARCH 12, 2025
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-20 approving the Warrant Register dated March 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.
• Ric Alonzo, Councilmember
• Danielle Romero, Councilmember
• Georgina Tamayo, Mayor Pro Tem
March 12, 2025: City Council Meeting Page 6 of 6
• Scarlet Peralta, Councilmember
• Salvador Melendez, Mayor
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on March 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, March 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 # 7
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Michael Solorza, Director of Finance
SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2481 AMENDING MONTEBELLO MUNICIPAL CODE CHAPTER 3.20
"PURCHASING SYSTEM" AND CHAPTER 3.21 "CONTRACTS FOR
PROFESSIONAL AND SPECIAL SERVICES"
DATE: March 12, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Conduct the First Reading of and introduce Ordinance No. 2481 Amending Municipal Code Chapter 3.20 “Purchasing System,” and Chapter 3.21 “Contracts for Professional and Special Services” of the Montebello Municipal Code Relating; and,
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no direct fiscal impact related to the approval of the suggested municipal code updates. Some of the recommended updates to Chapters 3.20 et al and 3.21 et al may lead to improved procurement efficiencies, which would conceivably reduce administrative costs.
BACKGROUND/DISCUSSION:
The City of Montebello last updated the section of municipal code governing procurement in January, 2023. Prior to this, updates were made in 2019 and 2022. These previous municipal code updates were comprehensive in nature and necessary to create a modernized purchasing and procurement system.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
The updates proposed in Ordinance No. 2481 (Attachment A) continue the review and update of the City’s procurement guidelines. The proposed updates to the municipal code will help ensure internal procurement, contract management, bid, purchasing and project management processes conform to Caltrans requirements and allow the City to continue qualifying and receiving state and federal funding for important infrastructure projects.
Furthermore, the updates incorporate recommendations from the State Auditor.
Caltrans administers various state and federal programs and the City of Montebello is the recipient of both competitive and non-competitive grants that fall under the purview of Caltrans oversight. The City must adhere to strict guidelines developed in accordance with policy and procedural requirements as dictated in State law by the California Transportation Commission (CTC) and Caltrans.
When the City chooses a consultant to perform Architectural & Engineering (A&E) services, Construction Management Services or actively solicits construction bids from licensed contractors, the City must ensure that the consultant or contractor is selected in accordance with acceptable federal and state guidelines. The City is required to ensure that consultants and contractors are in good standing. Staff is responsible to perform their due diligence and ensure that consultants and contractors are not debarred and are considered responsive and responsible consultants/contractors before recommending awarding a professional services agreement or contract agreement.
One of the updates to Chapters 3.20 and 3.21 of the City’s municipal code includes language that requires confirmation that potential vendors are not disbarred or otherwise ineligible to participate in a federally funded project (3.20.080(D), 3.20,110(C ), and
3.20.140(D)(3) and (E)(4). Also, 3.20.140(G) details requirements for procurement when using federal funds. Changes to these sections of the Municipal Code via adoption of this ordinance are a requirement that allows the City to continue receiving federal and state funding for infrastructure projects.
Finance and Public Works staff worked closely with the City Attorney’s office to ensure the proposed changes coincide with current Government Code and other governing rules and regulations. The end goal is amended municipal code language that improves efficiency and clarity, while ensuring the proper level of control over all purchasing and procurement processes and practices – including when utilizing federal and state funding for projects.
If approved, the amended chapters will go into effect after City Council approval after the second reading.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
SUMMARY:
It is recommended that the City Council approve Ordinance No. 2481 Amending Chapters “Purchasing System,” and 3.21 “Contracts for Professional and Special Services” of the Montebello Municipal Code, with the amendments being effective thirty (30) days from City Council approval.
ATTACHMENT(S)
1. Attachment A - Ordinance No. 2481 - MMC 3.20 PURCHASING SYSTEM REVISIONS, Final
ATTACHMENT A
ORDINANCE NO. 2481
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING CHAPTERS 3.20
PURCHASING SYSTEM AND 3.21 CONTRACTS FOR PROFESSIONAL
AND SPECIAL SERVICES OF THE MONTEBELLO MUNICIPAL CODE
WHEREAS, the City of Montebello (“City”) is a general law city, incorporated under the laws of the State of California, with the power to make and enforce within its jurisdictional limits all local, police, sanitary, land use, and other ordinances and regulations not in conflict with general laws of the state; and WHEREAS, an amendment to Chapter 3.20 PURCHASING SYSTEM, and Chapter 3.21 CONTRACTS FOR PROFESSIONAL AND SPECIAL SERVICES, of the Montebello Municipal Code (“MMC”), are necessary to ensure that the MMC aligns with state and federal procurement requirements, to ensure uniformity amongst various bidding procedures, and to establish best practices for procurement; and WHEREAS, pursuant to sections 54201 et seq. of the California Government Code, policies and procedures that govern the purchase of supplies and equipment must be adopted by an ordinance; and
WHEREAS, the City finds that the proposed amendments to MMC Chapters 3.20 and 3.21 are necessary to ensure a fair, efficient, and transparent procurement process in compliance with the regulations applicable to state and federal funding sources.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY ORDAINS AS FOLLOWS:
SECTION 1.RECITALS. The above recitals are true and correct and made part of this Ordinance.
SECTION 2. AMENDMENT; RESERVATION. Chapter 3.20 of the Montebello Municipal Code is hereby amended to read as follows (deletions in strikethrough and additions in double underline):
Chapter 3.20 – PURCHASING SYSTEM
3.20.050 Conformance with bidding procedures.
Purchases of supplies and equipment for city use shall be made and accomplished in conformity with Section 3.20.080 or Section 3.20.090 except:
ORDINANCE NO. 2481
A. Emergency Procurement: When an emergency, as determined by the purchasing agent with the approval of the city manager in writing, is deemed to require that an order be placed with the nearest available source of supply; B. Sole/Single Source Goods and/or Services: When the supplies and equipment needed can be obtained from one source only, such that written declaration of such will be required and noted by standard forms;
C. Reserved. Standardization of Goods and/or Services: When goods and/or services are required to maintain consistent operation or function to an existing technology or public safety system or program already in use by the city.
Examples of items lending themselves to standardization are computer equipment, computer hardware and software products, public safety equipment such as ammunition, ballistic vests, light bars, mobile radios, camera systems, and fire apparatus. The purchasing officer shall have discretion in determining what goods and/or services fall within this category;
D. City Council Authorization: When the city council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in every individual instance upon a finding by the city council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same;
E. Less than Two Thousand Dollars: When the amount of the purchase involved is less than two thousand dollars and cumulative citywide purchases from a single vendor/consultant/firm/etc. have not exceeded this amount during the fiscal year (July 1 - June 30);
F. Cooperative Purchase - 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. For the purposes of this Section, the term "cooperative governmental purchase program" means any combination between the city and any other public agency or public agencies for the joint purchase of goods and/or services.
G. Piggyback Purchase - If the Purchasing Officer determines it to be in the best interest of the city, the Purchasing Officer is authorized to "piggyback" onto or join into an existing written purchase contract obtained through a competitive bidding process prepared by and awarded by another local, state or federal government agency.
H. Reserved. Professional Services – Nothing shall be construed to preclude the city from awarding a written contract for professional type services, as defined by case or statutory law, without complying with the provisions of this article.
The term "professional services" means services entailing a high degree of specialized technical or mental skill, in a recognized field of expertise. Such services include attorneys, physicians, architects, engineers, appraisers,
ORDINANCE NO. 2481
accountants, collection agency, detective agency, draftsman, mortuary, hospitals, escrow agency, travel agency, insurance broker, employment agency, advertising agency, real estate, chiropractic and optometry.
I. Solicitation of Bids with No Response: Where competitive bids or proposals have been solicited and no bid or proposal has been received. In such a situation the Purchasing Manager may proceed to have the services performed or the goods procured without further competitive bidding; J. Compliance: Compliance with the requirements set forth in the provisions of this chapter shall apply to all contracts awarded after the effective date of this subsection, as may be amended.
K. Maximum Contract Term: Notwithstanding the exceptions under this section, no commitment or contract with a definitive term may exceed five years.
L. Not to Exceed Amount: All agreements executed shall include a maximum dollar limit, i.e., a “not-to-exceed amount.” The maximum dollar limit shall be established by the term of the agreement, when applicable. Any use or application of the bidding procedure exceptions listed herein for the purchase of supplies and equipment for city use shall require the making of a written record of such use or application, including the existence of a valid reason for such use or application. This written record shall be kept for at least five years.
3.20.080 Formal contract procedure.
Except as otherwise provided herein, purchases and contracts for supplies and equipment of an estimated value of fifty thousand dollars or more for contracts which do not constitute a public project as defined by Section 22002 of the Public Contract Code, shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed herein.
A. Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured and the time and place for opening bids.
1. Published Notice. Notices inviting bids shall be published at least ten days before the date of opening of the bids. Notice shall be published at least once via the city's website or in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices.
2. Bidders' List. The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list or who have requested their name be added thereto.
ORDINANCE NO. 2481
B. Bidders' Security. When deemed necessary by the purchasing officer, bidders' security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been made, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidders' security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
C. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope or via electronic method.
Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection via the city's website or posted during regular business hours for a period of not less than thirty calendar days after the bid closing.
D. Rejection of Bids. In its discretion, the city council may reject any and all bids presented and re-advertise for bids. City staff shall confirm, prior to any award, that bidders are in good standing with all applicable agencies, and maintain all required licenses, including but not limited to SAM.gov, the Contractors State Licensing Board, business licenses, etc. Any bidders lacking the required licensure requirements or are not in good standing with the applicable agencies may not be eligible for the award pursuant to the applicable regulations.
E. Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder except as otherwise provided herein.
F. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay or re-advertising for bids, the city council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of bid opening.
G. Performance Bonds. The city council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
H. No commitment or contract with a definitive term may exceed five years unless determined to be in the public's best interest by the city council.
ORDINANCE NO. 2481
3.20.110 Bidding procedure prescribed.
Whenever bids are required by law or by this code for the letting of contracts, the doing of work or the furnishing of supplies, equipment or materials, all of the steps, acts and proceedings required by law or by this code shall be fully complied with, and in particular and supplementary to the acts, steps and procedures, the procedure hereinafter set forth in this section regulating the notices inviting bids, the publication and posting of the notices, and the opening of the bids shall be followed:
A. Notice—Contents. The notice inviting bids shall set a date for the opening of bids. All such notices, whether mailed, published, or posted, shall state the date, the hour, and the place at which the bids called for are to be opened, and shall also state the date, the hour, and the place of the city council meeting at which the city council intends to take action on the bids.
B. Bids—Opening. All bids shall be returnable to the purchasing officer or to the office of the city clerk, and at the hour and date stated in the notice, all bids shall be publicly opened at the office of the city clerk in the presence of the city clerk, purchasing officer, a representative of the department, or departments, to which the purchase or contract is to be charged, and all other interested parties who wish to attend and witness the opening of the bids. As each bid is opened, it shall be read aloud so that all persons interested in the bidding may hear the contents thereof, although no more of the bid need be read or announced than would ordinarily be announced in an open city council meeting for the same purpose. From and after the time of their opening, the city clerk shall, upon request of any interested party, read or give such further information from the bid as may be requested.
C. Bids—Compiling. After they have been opened, all bids shall be examined and studied by the city clerk, purchasing officer and any other officials necessary for the proper analysis of the bids to see if they comply with the notice inviting bids and are in all other respects in good order. City staff shall confirm, prior to any award, that bidders are in good standing with all applicable agencies, and maintain all required licenses, including but not limited to SAM.gov, the Contractors State Licensing Board, business licenses, etc. Any bidders lacking the required licensure requirements or are not in good standing with the applicable agencies may not be eligible for the award pursuant to the applicable regulations. A report shall then be made by the appropriate department to the city council announcing the results of the investigation and particularly designate which bid is found to be the lowest bid, the next lowest bid, and all of the other bids in ascending order of the figure or figures quoted.
D. Bids—Report—Awarding.
1. At the meeting of the city council at which the bids are acted upon, the report shall be read publicly and the bid of the lowest bidder shall be publicly announced.
ORDINANCE NO. 2481
2. After having complied with the foregoing procedure, the city council shall proceed in accordance with applicable provisions of law or this code either to award the bid and to let the contract therein referred to, or to take such other action as may be authorized by law.
E. Officer—Deputies. In the absence of the city clerk or purchasing officer, a duly authorized assistant or deputy may act in his place.
3.20.140 Public works projects (uniform public construction cost accounting act).
A. Adoption of Uniform Public Construction Cost Accounting Act. The city has elected to be subject to the Uniform Public Construction Cost Accounting Act (hereinafter referred to as the "UPCCA" or the "Act"). City contracts for public projects and maintenance work shall be governed by applicable state laws including the Act, Public Contract Code Section 22000 et seq, and the California Uniform Construction Cost Accounting Commission's (hereinafter, "UPCCA Commission") policies and procedures manual and cost accounting review procedures, as amended from time to time.
The term "public works" shall mean the same as the term "public project," as defined by the Act, which means any of the following: (1) construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; (2) painting or repainting of any publicly owned, leased, or operated facility; and (3) in the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand volts and higher.
The term "maintenance work," as defined by the Act, includes: (1) routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes; (2) minor repainting; (3) resurfacing of streets and highways at less than one inch; (4) landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and (5) work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand volts and higher.
Public projects and maintenance work shall be procured through the procedures and at the monetary thresholds set forth in the Act and as further described in this chapter.
B. Pre-Bid Contractors List for Public Projects and Maintenance Work. The city shall develop and maintain a list of qualified contractors, identified according to categories of work for all projects and any scheduled projects, on an annual basis in accordance with the Act (Public Contract Code Section 22034(a)).
C. Contracts for Public Projects and Maintenance Work of Sixty Thousand Dollars or Less. Public projects and maintenance work of sixty thousand dollars or less (or the
ORDINANCE NO. 2481
current amount specified in the Act) may be performed by city employees, by force account, by negotiated contract or by purchase order. Where it is anticipated that a project may be conducted and finished at a cost of sixty thousand dollars (or the amount as specified the Act) or less, the city manager or his/her designee is authorized to approve the project, provided the expenditure is within the approved budget.
D. Contracts for Public Projects and Maintenance Work of Two Hundred Thousand Dollars or Less. Public projects and maintenance work estimated to cost two hundred thousand dollars (or the amount as specified in the Act) or less may be procured through the following informal procedures prescribed by the Act:
1. Notice Inviting Informal Bids. The city manager or his/her designee shall send a notice inviting informal bids not less than ten calendar days before bids are due to: (a) all contractors on the list of qualified contractors developed by the UPCCA Commission; or (b) all contractors on the list of qualified contractors and to the designated construction trade journals specified in Section 22036 of the Public Contract Code. The notice inviting informal bids shall describe the project, how to obtain more detailed information about the project, and the time, date and place for the submission of bids. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids, provided however:
a. If there is no list of qualified contractors maintained by the city for the particular category of work performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission. b. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
2. Distribution of Bid Documents. Bid documents may be transmitted and/or received via mail, facsimile, or email notice inviting informal bids to all construction trade journals specified in Section 22036 of the Public Contract Code.
3. Award of Contracts. The city manager or his/her designee is authorized to award such informal public projects and maintenance work, provided the expenditure is within the approved budget and in a form approved by the city attorney. The city manager or his/her designee may, at his/her sole discretion, reject any or all bids presented and waive any minor irregularity or informality in such bids. City staff shall confirm, prior to any award, that bidders are in good standing with all applicable agencies, and maintain all required licenses, including but not limited to SAM.gov, the Contractors State Licensing Board, business licenses, etc. Any bidders lacking the required licensure requirements or are not in good standing with the applicable agencies may not be eligible for the award pursuant to the applicable regulations. The contract shall be awarded to the lowest responsive, responsible bidder. If two or more bids are the same and the lowest, the city manager may accept the one he/she chooses. If no bids are received through the informal procedure, the project
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may be performed by city employees, by force account or negotiated contract without further complying with this section.
4. Informal Bids Between Two Hundred Thousand Dollars and Two Hundred and Twelve Thousand Five Hundred Dollars. If all bids received are in excess of the amount specified in this section, the city council may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred and twelve thousand five hundred dollars or less, to the lowest responsible bidder, if it determines the cost of the estimate of the city was reasonable.
E. Contracts for Public Projects and Maintenance Work Greater Than Two Hundred Thousand Dollars. Public projects and maintenance work of more than two hundred thousand dollars (or the current amount as specified in the Act) shall be procured through the following formal bidding procedures prescribed by the Act:
1. Notice Inviting Formal Bids. The city manager or his/her designee shall publish a notice inviting formal bids for public projects and maintenance work at least fourteen calendar days before the bid opening date in a newspaper of general circulation in the city. Additionally, the city manager or his/her designee shall send a notice inviting formal bids to all contractors on the list of qualified contractors and to the designated construction trade journals specified in Section 22036 at least fifteen calendar days before bids are due. The notice shall describe the project, how to obtain more detailed information about the project, and the time and place for submission of bids.
2. Bidder's Security. All bids presented in connection with the public project shall be accompanied by bidder's security in the form and amount prescribed by Public Contract Code Section 20170, which security shall be dealt with as prescribed therein. In all cases bidders shall be entitled to return of bid security provided that a successful bidder shall forfeit its bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
3. Bid Opening Procedure. Sealed bids shall be submitted to the department identified in the invitation for bid documents and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.
4. Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder. The city council may, in its sole discretion, waive minor irregularities in the bids or in the bidding procedures. City staff shall confirm, prior to any award, that bidders are in good standing with all
ORDINANCE NO. 2481
applicable agencies, and maintain all required licenses, including but not limited to SAM.gov, the Contractors State Licensing Board, business licenses, etc. Any bidders lacking the required licensure requirements or are not in good standing with the applicable agencies may not be eligible for the award pursuant to the applicable regulations. The city council may reject all bids presented, and re-advertise for bids.
5. Tie Bids and No Bids. If two or more bids are the same and the lowest, the city council may accept the one it chooses. If no bids are received through the formal procedure, the project may be performed by city employees, by force account or negotiated contract without complying with this section.
6. Rejecting Bids and Performing Project through City Employees. In its discretion, the city council may reject any bids presented, if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the city, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the city's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the city intends to reject the bid. If after the first invitation of bids, all bids are rejected, the city shall reevaluate its cost estimates of the project and either:
a. Abandon the project or re-advertise for bids in the manner described by this section; or
b. May have the project completed by force account without further complying with this section, if it passes a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by the employees of the city.
7. Performance Bonds. The department head shall have authority to require a performance bond before entering a contract in such amount as he or she finds reasonably necessary to protect the best interests of the city. If the city manager requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
F. Emergencies.
1. In cases of emergency when repair or replacements are necessary, the city council, pursuant to a four-fifths vote, may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the city council, by contractor, or by a combination of the two. The city council's authority under this section may be exercised pursuant to Public Contract Code Section 22035.
2. In case of emergency, if notice for bids to let contracts will not be given, the city shall comply with Chapter 2.5 of Part 3 of Division 2 of the Public Contracting Code (commencing with Section 22050).
3. City council delegates to the city manager, the authority to order any direct and immediate action necessary to repair or replace a public facility, procure the
ORDINANCE NO. 2481
necessary equipment, services and supplies for the purposes of addressing an emergency, without giving notice for bids to let contracts per Paragraph 2 of this section. If the city manager orders any action specified under this section, the city manager shall report to city council at its next meeting as required under Section 22050 of the Public Contract Code.
G. Contracts for Public Works Transportation Construction Projects Funded by Federal and State Funds. The requirements herein apply to the procurement and administration of Federal Highway Administration (FHWA) federal-aid funded construction projects subject to the provisions of 23 U.S.C. 112(a) (related to construction). The California Department of Transportation (Caltrans) Local Assistance Procedures Manual shall be used when the City administers a federal- aid construction project. The following grant and contract management procedures shall apply:
1. Bidding Procedures. One of the most basic tenets of federal-aid contracting is that construction contracts are to be awarded competitively to the contractor which submits the lowest responsive bid. This federal mandate is set forth in 23 U.S.C.112 and reinforced by 23 CFR 635.114(a) which states: Federal-aid contracts shall be awarded only on the basis of the lowest responsive bid submitted by a bidder meeting the criteria of responsibility as may have been established by the SHA. Project advertisement is the process used in soliciting such competitive bids from contractors. Chapter 15 of the LAPM, titled:
Advertise and Award Project, shall be followed for all bidding activities beginning with advertising of a construction contract and continuing through the bid opening, award, and detail estimate procedures.
2. Advertisement. For construction contracts administered by Caltrans, the advertisement period of the project should be a minimum of three weeks per LAPM. A failure to advertise for the appropriate amount of time could result in the loss of federal and/or state funding for the project.
3. Required Federal Contract Language. The city shall ensure all required federal contract language is included and shall refer to Chapter 12 of the LAPM, titled Plans, Specifications, and Estimates, for the most current requirements.
4. Person in Responsible Charge. Federal statutes require the local public agency to provide a full-time agency employee who is accountable for any federal-funded project they administer. This individual is the person in responsible charge of the project (23 CFR 172.9(d)(1)). The person designated in responsible charge must be a public agency employee but does not need to be an engineer. The city shall follow Chapter 16 of the LAPM, titled Administer Construction Contracts, for procedures and guidelines local public agencies must follow when administering the construction of federal-aid projects.
5. Records Retention/Contract Project Files. Federal-aid highway program funding recipients and sub-recipients must maintain adequate and readily accessible project performance and financial records, supporting documents, and other records considered pertinent to the grant agreement and in
ORDINANCE NO. 2481
compliance with federal laws and regulations (e.g. 23 USC 112, 40 USC 1101- 1104,23 CFR 172, 48 CFR 31, and 2 CFR Part 200). These records must be maintained for a minimum of three (3) years. Chapter 16 of the LAPM, titled Administer Construction Contracts, shall be the procedures and guidelines for the city when administering the construction of federal-aid projects.
6. Invoicing. When requesting reimbursement of federal funds for construction contracts, the city must follow the procedures given in Chapter 5 of the LAPM, titled Invoicing. The city must ensure only eligible costs are claimed on invoices submitted to Caltrans, that billing is reviewed and approved prior to invoicing Caltrans, and Request for Reimbursement are submitted to Caltrans at least once every six months, or as required in the agreement between Caltrans and the city.
7. Project Responsibility. All responsibility of a construction contract funded by state and/or federal dollars will reside with the City and not the State of California. Language in the contracts should read that the state does not have the right to assume full and direct control of the contract.
SECTION 3. AMENDMENT; RESERVATION. Chapter 3.21 of the Montebello Municipal Code is hereby amended to read as follows (deletions in strikethrough and additions in double underline):
Chapter 3.20 – CONTRACTS FOR PROFESSIONAL AND SPECIAL SERVICES
3.21.010 - Definitions.
For purposes of this chapter, the following words shall have the following meanings:
"Professional/special services" means services which require special performance criteria; special or specific equipment; specific experience, knowledge, training, personal judgment, quality of work or factors other than simply obtaining the service at the lowest cost to the city. Such services include, but are not limited to, those provided by attorneys, architects, engineers, land surveyors, construction managers, appraisers, experts, accounting firms, security firms, computer consultants/programmers and/or other specialized consultants. Professional/special services do not include services rendered by city officers or employees. entailing a high degree of specialized technical or mental skill, in a recognized field of expertise. Such services include attorneys, physicians, architects, engineers, appraisers, accountants, collection agency, detective agency, draftsman, mortuary, hospitals, escrow agency, travel agency, insurance broker, employment agency, advertising agency, real estate, chiropractic and optometry.
3.21.020 - Experience and qualifications of professional/special service providers.
A. In contracting for professional/special services, such contracts shall only be awarded to firms or persons who have demonstrated adequate levels of experience, competence, resources/equipment, staffing and other professional
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qualifications necessary for more than a satisfactory performance of the services required in the time period needed. City staff shall confirm, prior to any award, that service providers are in good standing with all applicable agencies, and maintain all required licenses, including but not limited to SAM.gov, the State of California, business licenses, etc. Any service providers lacking the required licensure requirements or are not in good standing with the applicable agencies may not be eligible for the award pursuant to the applicable regulations.
B. Once the department requesting the professional/special service has determined a firm has an adequate level of competence, the cost of the service may be considered, however, price may not be the sole factor in determining to whom a contract shall be awarded. The city's best interests may be served by awarding the contract to a higher priced contractor based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship, and other factors required by the department or proposed by the contractor.
C. No commitment or contract with a definitive term may exceed five years.
3.21.025 - Conformance with bidding procedures.
The acquiring of professional/special services shall be made and accomplished in conformity with Section 3.21.050 or Section 3.21.060 except:
A. When an emergency, as determined by the purchasing agent with the written approval of the city manager, is deemed to require that an order be placed with the nearest available source;
B. When the professional/special services needed can be obtained from one source only;
C. When the city council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in every individual instance upon a finding by the city council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same; or D. When the amount of the professional/special services involved is less than two thousand dollars.
E. Compliance with the requirements set forth in the provisions of this chapter shall apply to all contracts awarded after the effective date of this subsection, as may be amended.
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F. Notwithstanding the exceptions under this section, no commitment or contract with a definitive term may exceed five years.
E. Cooperative Purchase - 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.
For the purposes of this Section, the term "cooperative governmental purchase program" means any combination between the city and any other public agency or public agencies for the joint purchase of goods and/or services.
F. Piggyback Purchase - If the Purchasing Officer determines it to be in the best interest of the city, the Purchasing Officer is authorized to "piggyback" onto or join into an existing written purchase contract obtained through a competitive bidding process prepared by and awarded by another local, state or federal government agency.
Compliance with the requirements set forth in the provisions of this chapter shall apply to all contracts awarded after the effective date of this subsection, as may be amended. Notwithstanding the exceptions under this section, no commitment or contract with a definitive term may exceed five years. All agreements executed shall include a maximum dollar limit, i.e., a “not-to-exceed amount.” The maximum dollar limit shall be established by the term of the agreement, when applicable. Nothing shall be construed to preclude the city from awarding a written contract for professional type services, as defined by case or statutory law, without complying with the provisions of this Article.
Any use or application of the bidding procedure exceptions listed herein for the acquisition of professional/special services shall require the making of a written record of such use or application, including the existence of a valid reason for such use or application. In addition, the exception identified and the reason for applying the exception, along with the written record of such use or application, shall be included and explained in the agenda report submitted to the City Council seeking approval of the exception. This written record shall be kept for at least five years.
SECTION 4. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.
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SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after approval by the City Council.
SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.
PASSED, APPROVED, AND ADOPTED 12TH DAY OF MARCH 2025.
_______________________________
Salvador Melendez, Mayor
ATTEST:
_______________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
_______________________________
Arnold M. Alvarez-Glasman, City Attorney
I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 12th day of March, 2025, and was adopted by the City Council of the City of Montebello at its meeting held on the 12th day of March 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Christopher Jimenez, City Clerk
ITEM # 8
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Angelica Palmeros, Deputy Director
SUBJECT: APPROVE INCREASES TO BLANKET PURCHASE ORDERS WITH AMERICAN MOVING PARTS LLC, L.N. CURTIS AND SONS, NEXUS
HOLDING LLC AND HARDING AUTO PARTS FOR SUPPLIES AND
MAINTENANCE FOR FIRE DEPARTMENT EQUIPMENT AND VEHICLE
MAINTENANCE
DATE: March 12, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve an increase of $15,000 to the blanket purchase order with American Moving Parts, LLC for the total not-to-exceed amount of $130,000; and
2. Approve an increase of $150,000 to the blanket purchase order with L.N. Curtis and Sons for the total not-to-exceed amount of $522,773; and
3. Approve an increase of $65,000 to the blanket purchase order with Nexus Holding LLC (DBA Vortex) for the total not-to-exceed amount of $99,900; and
4. Approve an increase of $65,000 to the blanket purchase order with IB Auto Parts Inc (DBA Hardy Auto Parts) for the total not-to-exceed amount of $114,999; and,
5. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Montebello Fire Department utilizes L.N. Curtis and Sons, American Moving Parts, Nexus Holding LLC and IB Auto Parts to purchase parts and equipment for their fleet, make purchases of emergency response and related equipment for staff, and to make repairs to vehicles and station infrastructure. A recent emergency door repair at Station 56 requires an increase to the blanket purchase order amount with Nexs Holding LLC (DBA Vortex). The roll-out of the "paramedic squad" staffing model requires purchases of equipment from L.N. Curtis and Sons, hence the increase to the blanket purchase order. Also, regular maintenance of the Department's fleet requires additional purchases
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
from American Moving Parts and IB Auto Parts (DBA Hardy Auto Parts).
The following increases to each blanket purchase order are recommended:
• $15,000 with American Moving Parts, LLC for the total not-to-exceed amount of $130,000
• $150,000 with L.N. Curtis and Sons for the total not-to-exceed amount of $522,773 • $65,000 with Vortex for the total not-to-exceed amount of $114.900 • $65,000 with Hardy Auto Parts for the total not-to-exceed amount of $114,999
Budget amendments are not required as part of the recommended actions. There are operational savings in various accounts that will be used to provide sufficient budget for the increases to the not-to-exceed amounts.
BACKGROUND/DISCUSSION:
City Council previously approved a blanket purchase order with American Moving Parts (Attachment A) in the amount of $85,000 for the Fire Department and $30,000 for the Transit Department. The items purchased are for fire apparatus, including the build-out and maintenance of two additional squads approved by the City Council to implement the Paramedic Rescue Squad staffing model. The $15,000 increase will bring the total not- to-exceed amount to $130,000.
Each fiscal year, the Montebello Fire Department must purchase various goods and materials in support of delivering life and fire protection services to the community. L.N.
Curtis & Sons is one of the vendors from which the Department routinely places orders.
Examples of goods and materials purchased are personal protective equipment, breathing apparatus, gas monitors, ground fire equipment and hand tools. L.N. Curtis & Sons is the exclusive West Coast distributor for many fire industry manufacturers; therefore, some purchases must be made solely through this vendor. Other purchases from L.N. Curtis & Sons are based on pricing, cost savings and delivery timeliness.
The Fire Department previously received City Council approval to utilize L.N. Curtis and Sons for purchases of equipment related to the build-out of the Paramedic Rescue Squad staffing model (Attachment B). Sourcewell Contract 032630-INO gives access to the following goods and services from L.N. Curtis and Sons: turnout gear, rescue gear, gloves, personal protective equipment (PPE), proximity suits, medical equipment, particulate and non-particulate blocking hoods, etc. The $150,000 increase will bring the not-to-exceed amount to $522,773.
The Montebello Fire Department has an approved purchase order with Vortex Industries, LLC for the amount of $49,900 for maintenance and repairs of heavy-duty steel doors of three (3) city fire stations. There is an exemption from the procurement process that is designated emergency purchase in Municipal Code Section 3.20.050(A) for emergency repairs. The Station 56 door was stuck at the halfway point, which was a safety issue for fire personnel. Vortex was called to provide repairs, which required a forklift to bring the
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
insulated section of the door down to access repairs and secure the door in a closed position. The Fire Department is requesting authorization to increase the purchase order by$65,000 (to $114,900) for the emergency repairs to Station 56.
The Department also has an existing purchase order with Hardy Auto parts in the amount of $49,999. The additional $65,000 in purchase authority will be utilized for Fire Department fleet maintenance and related needs -- for a total of $114,999.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
ANALYSIS:
N/A
SUMMARY:
Staff is recommending City Council approve increases of $15,000 to the blanket purchase order with American Moving Parts, LLC for the total not-to-exceed amount of $130,000; $150,000 to the blanket purchase order with L.N. Curtis and Sons for the total not-to-exceed amount of $522,773; $65,000 to the blanket purchase order with Vortex for the total not-to-exceed amount of $114,900; $65,000 to the blanket purchase order with IB Auto Parts Inc (DBA Hardy Auto Parts) for the total not-to-exceed amount of $114,999. The recommended actions do not require budget amendments. Staff will monitor expenses through the end of the fiscal year and include sufficient budget for this items in the Fiscal Year 2025-26 budget.
ATTACHMENT(S)
1. Attachment A - PO American Moving Parts FY24-25
2. Attachment B - LN Curtis Agenda Staff Report
ATTACHMENT A
ITEM # 30
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: APPROVE ISSUANCE OF BLANKET PURCHASE ORDER TO L.N.
CURTIS & SONS FOR EQUIPMENT AND SUPPLIES FOR FIRE
APPARATUS
DATE: November 13, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve issuing an annual blanket purchase order to L.N. Curtis and Sons for equipment and fire-related supplies for apparatus for daily emergency operations in an initial amount to not exceed $100,000 annually beginning Fiscal Year 2024- 25 through 2025-26; and
2. Authorize the City Manager to approve up to an additional $25,000 in expenditures for a maximum not-to-exceed $125,000; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The blanket purchase will be completed using Sourcewell Contract #32620 with L.N.
Curtis and Sons (Attachment A), as permitted under Montebello Municipal Code Section
3.20.050(F), Cooperative purchase agreement. The budget for Fire Suppression, Machinery and Equipment will not be impacted at this time due to operational costs being approved for FY 2024-25. If needed, the potential fiscal impact is if the City Manager authorizes an additional $25,000 in expenses amending the Fiscal Year 2024-25 budget by $25,000 in Account No. 100-85-860-6010.10 (General Fund, Fire, Suppression, Machinery & Equipments - Machinery & Equipment).
ATTACHMENT B
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024
BACKGROUND/DISCUSSION:
Each fiscal year, Montebello Fire Department must purchase various goods and materials in support of delivering life and fire protection services to the community. L.N.
Curtis & Sons is one of the vendors from which the Department routinely place orders; examples of goods and materials purchased are personal protective equipment, breathing apparatus, gas monitors, ground fire equipment and hand tools. L.N. Curtis & Sons is the exclusive West Coast distributor for many fire industry manufacturers; therefore, some purchases must be made solely through this vendor. Other purchases from L.N. Curtis & Sons are based on pricing, cost savings and delivery timeliness.
The Fire Department had previously received City Council approval for a purchase order for L.N. Curtis and Sons for machinery & equipment Personal Protective equipment. The Sourcewell Contract 032630-INO gives access to the following goods and services:
Turnout gear, rescue gear, glove, PPE maintenance, proximity suits, medical equipment, particulate and non-particulate blocking hoods. Previous staff reports approving purchases with L.N. Curtis were related to the new squad equipment and increase in personnel.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
ANALYSIS:
This staff report addresses daily operational costs that previously did not exceed $50,000 due to the informal bids for some equipment needs that were found with various vendors; while some items are sole-source purchase. The Fire Department is seeking approval to establish a blanket purchase order with LN Curtis & Sons to provide firefighting tools, equipment, personal protective equipment, and safety supplies that are necessary for daily operations. The amount of the purchase order is estimated from date on the life cycle for replacement of existing equipment and projected needs for equipping fire apparatuses and firefighters. The amount being requested is for routine emergency operational costs within the scope of annual expenditures budgeted for FY 2024-25.
SUMMARY:
Staff is requesting approval of the Blanket Purchase Order with L.N. Curtis & Sons for the procurement of daily operational equipment and supplies for fire apparatuses to maintain daily emergency operations; the fire department budgeted up to $100,000 for this equipment in FY 24-25. If the City Manager is to authorize an additional $25,000,
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 13, 2024
amend the FY 2024-25 budget by increasing appropriations in Account No. 100-85- 860- 6010.10 (General Fund, Fire Department, Fire Suppression, Machinery & Equipment).
ATTACHMENT(S)
1. Attachment A - L.N. Curtis Contract RFP #032620
ITEM # 9
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 AMENDMENT NO. 1 TO AGREEMENT NO. 3956 WITH INTER-CON SECURITY SYSTEMS, INC. TO CONTINUE PROVIDING
PARKING ENFORCEMENT SERVICES
DATE: March 12, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 3956 between the City of Montebello and Inter-Con Security Systems, Inc. for a Two (2) Year Term Extension; and
2. Authorize the City Manager and/or his designee to execute Amendment No. 1 on behalf of the City; and
3. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
The City currently contracts with Inter-Con Security Systems, Inc. (Inter-Con) to provide supplemental parking enforcement services. Per Agreement No. 3956 (Attachment A), the City Council approved an initial three-year term with a budget not to exceed $1,244,801. To date, $607,441 has been expended for these services. Additionally, revenue from parking fines has steadily increased, helping to partially offset the costs of the parking enforcement services.
The agreement will maintain the practice of annual increases based on the Consumer Price Index (CPI) for the local metropolitan area (Attachment B). No budget amendment is being requested, as funding for these services is already included in the Fiscal Year 2024-25 budget. Amendment No. 1 (Attachment C) would extend the term through March 31, 2027.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
BACKGROUND/DISCUSSION:
On February 23, 2022, the City Council approved Professional Services Agreement No. 3956 with Inter-Con Security Services, Inc (Inter-Con). Additional parking enforcement services were needed to properly address growing community concerns related to illegal parking, traffic and public safety hazards. Increased parking enforcement has improved compliance with street regulations and supports the City’s Municipal Separate Storm Sewer System (MS4) permit requirements which are needed to demonstrate compliance with the National Pollutant Discharge Elimination System (“NPDES”).
The City of Montebello is approximately 8.37 square miles and maintains an estimated 125 miles of roadway. Nationwide Environmental Services operates three (3) street sweepers, five (5) days per week (Monday through Friday). Each sweeper is assigned one (1) route per day, covering three (3) routes (two residential routes and one commercial route) during a five (5) day period. Each sweeper maintains a speed of 5 - 8 miles per hour, traveling approximately 30 - 40 miles per day.
Inter-Con services are focused on providing enforcement for street sweeping efforts Citywide. Street parking restrictions alternate between two (2) time periods, 3:00am - 6:00am and 7:00am - 4:00pm. Street sweeping services are typically suspended on City- recognized holidays and when weather conditions prohibit them.
The following table summarizes the current staffing levels for Inter-Con personnel:
Monday Tuesday Wednesday Thursday Friday Weekends/Holidays 1 Officer
3:00 - 6:00am
1 Officer
3:00 - 6:00am
1 Officer
3:00 - 6:00am
1 Officer
3:00 - 6:00am
1 Officer
3:00 - 6:00am Upon Request
2 Officers
7:00am - 4:00pm
2 Officers
7:00am - 4:00pm
2 Officers
7:00am - 4:00pm
2 Officers
7:00am - 4:00pm
2 Officers
7:00am - 4:00pm Upon Request
The current agreement, which is set to expire on March 31, 2025, includes parking personnel specifically for street sweeping enforcement. Based on their responsive and outstanding performance, staff recommend that the City Council extend the agreement for an additional two (2) years, through March 31, 2027.
ENVIRONMENTAL:
Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) Section 15061(b)(3), the project is considered covered by the commonsense exemption. The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed ordinance amending MMC Chapter 8.40 (Abandoned Property and Vacant Lots) does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Actions proposed in the Text Amendment is not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
reasonably foreseeable indirect physical change in the environment.
ANALYSIS:
N/A
SUMMARY:
Staff is recommending approval of Amendment No. 1 (Attachment C) to Agreement No. 3956 with Inter-Con Security Services, Inc. The term of this Agreement shall continue in effect until March 31, 2027. Funding for these services was included in the FY 2024-2025 budget, therefore no budget amendment is needed.
ATTACHMENT(S)
1. Attachment A – Agreement No. 3956
2. Attachment B – Fee Schedule
3. Attachment C – Amendment No. 1 to Agreement No. 3956
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 3956
WITH INTER-CON SECURITY SYSTEMS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on February 23, 2022 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and INTER-CON SECURITY SYSTEMS, INC. (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 t o retain a qualified profession al consultant to provi de parking enforcement services in the CITY; and
WHEREAS, the CONSULTANT currently has a contract with the City of Alhambra for parking enforcement services (Contract No. C2M21-21); and WHEREAS, the CONSULTANT was awarded this contract through an open, competitive process (City of Alhambra RFP No. 2M21-3); and
WHEREAS, the CONSULTANT grants the City authorization to make purchases using the same terms and conditions as those listed in the City of Alhambra contract.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
b. Proposal dated October 15, 2021
c. City of Alhambra Contract No. C2M21-21
d. Proposal referenced and Best Final Offer received by the successful proposer.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
B. These documents shall be collectively referred to herein as the “Con tract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
a. All terms, conditions, requirements, and provisions of the services in Contract
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. 3956
No. C2M21-21 dated July 1, 2021, as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide parking enforcement services, as such is set forth fully in Exhibit “A ” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. T ERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire on March 31, 2025 from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to one (1), one-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 4. PERFORMANCE.
a. The CONSULTANT sh all at all times, faithfu lly, competently, and to t he best o f its ability, experience, and talent, perform all tasks described herein.
b. The CONSULTANT sh all employ, at a minimum, genera lly accepted standards and practices uti lized by compani es engag ed in providi ng sim ilar services, as ar e required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT sh all be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating pr ocedures, and the sup ervisory chain of command.
d. The CONSULTANT sh all have t he rig ht to retai n, subject to t h e CITY's approval , additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT sh all retai n al l original reports, fiel d an d o ffice n otes, correspondence, calculations, maps , an d other documents specificall y related t o the s
ervices provided by the CONSULTA NT pursuant t o this Agreement, other than documents which are exempt from disclosure pursuant to t he a ttorney-client priv ilege or any other law.
Said documents shall be made available for inspection by the CITY upon request.
PROFESSIONAL SERVICES AGREEMENT NO. 3956
SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY.
The CONSULTANT may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are d eemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such w ritten products shall be returned to the CITY u pon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement u nless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work p erformed by the CONSULTANT and shall be the CITY’s agent with respect to ob taining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of this agreement by the City Manager.
SECTION 8. TERMINATION.
In the event that either Party h ereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party sh all give the defaulting party written notice of the default, the nature of the default, a nd of the steps necessary to cure the default.
a. Termination for Cause . In the event that any of the provisions of the Agreemen t are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such n otice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the C ITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the e xpense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the C ITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
PROFESSIONAL SERVICES AGREEMENT NO. 3956
b. Termination for Convenience . T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that t h e CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become d ue to the CONSULTANT.
SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or a gents shall h ave control o ver the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at a ny time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to t he CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement sh all create or be construed to create a partnership, joint venture, employment relationship or a ny other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to t he CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to p rovide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.
PROFESSIONAL SERVICES AGREEMENT NO. 3956
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.
a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement.
Failure to provide such notification may result in termination of the Agr eement, 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 regu lations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, t he CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t h e CONSULTANT or its emp loyees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the co ntrary, the CONSULTANT and any of its employees, a gents, a nd subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by t h e CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t h e CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in e quity occasioned by failure of the CONSULTANT to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONSULTANT agrees to, and shall d efend, indemnify, protect a nd hold h armless, the CITY, its elected and appointed boards, officers, officials, employees, a gents and volunteers from and against any a nd all claims, demands, lawsuits, d efense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed b oards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to
PROFESSIONAL SERVICES AGREEMENT NO. 3956
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 d amage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory L imits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
PROFESSIONAL SERVICES AGREEMENT NO. 3956
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
j. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insured’s. All of the policies required u nder this Agreement shall co ntain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
l. All insurance coverage pro vided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
m. Any d eductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall e ither reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
n. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONSULTANT shall not subcontract, delegate, or assign its d uties or rights h ereunder, either in whole or in part, without the pri or written consent of the CITY. Any propos ed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
PROFESSIONAL SERVICES AGREEMENT NO. 3956
Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, d elegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the e xtent reasonably feasible, be resolved through good faith n egotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs a nd necessary d isbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the sta tements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its
PROFESSIONAL SERVICES AGREEMENT NO. 3956
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 co unterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively sh all be deemed served when delivered via e-mail (an “ Electronic Notice” as further defined below), personally or on the second (2nd) business day af ter the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – Finance Department Attn: Michael Solorza
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200 ext.412
Email: [email protected]
PROFESSIONAL SERVICES AGREEMENT NO. 3956
If to Consultant: Inter-Con Security Systems, Inc.
Attn: Matthew Reeser
210 South De Lacey Avenue
Pasadena, CA 91105
(626) 535 - 2639
Email: [email protected]
An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental co ndition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub-consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, se x, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services h ereunder. The CONSULTANT further co venants that, in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's co venant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the CONSULTANT.
Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 3956
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. ("CITY")
CITY OF MONTEBELLO
Rene Bobadilla, City Manager
ATTEST:
APPROVED AS TO FORM:
lasman, City Attorney
EXHIBITS:
("CONSUL TANT")
INTER-CON SECURITY SYSTEMS,
INC.
• Exhibit A - City of Alhambra (Contract No. C2M21-21)
• Exhibit B - Schedule of Compensation
• Exhibit C - Parking Enforcement Representative Scheduling
Exhibit "A"
(City of Alhambra Contract No. C2M21-21)
ATTACHMENT A
AGREEMENT FOR PROFESSIONAL SERVICES
. . Contract No. C2M21-21
This AGREEMENT FOR PROFESSIONAL SERVICES ("AGREEMENT") is made and entered into effective as of the 1st day of July, 2021, by and between the CITY OF ALHAMBRA, a charter law city, located at 111 South First Street, Alhambra, CA 91801, ("CITY") and Inter-Con Security Systems Inc:, located at 210 S. De Lacey Avenue Pasadena, CA 91105.
W I T N E S S E T H:
For and in consideration of the ·promises and of the mutual covenants ·and agreements herein contained, said.parties hereby agree as follows: · · ·
1. RECITALS. This AGREEMENT is made and entered into with respect; to the following facts: · !
A. CITY requires parking Enforcement Services ("SERVICES") for the City of Alhambra; and
B. On February .11, 2021, CITY issued a Request for Proposals #RFP2M21- 3("RFP") to obtain Parking· Enforcement Services for the CITY and based on review and rating of RFPs received CONSULTANT was selected; and C. CONSUL TANT is qlilalified to provide those certain services to the CITY necessary:for said SERVICES; and, therefore, the Alhambra City Council has elected to engage the �ervices of CONSUL TANT upon the terms and conditions hereinafter set forth.
2. SCOPE OF SERVICES.
A. CONSUL TANT shall furnish to the City all labor, materials, tools, equipment, services, and incidental customary work necessary to fully and adequately perform those services described in CONSUL TANT's Proposal for Services dated April 1, 2021, ("PROPOSAL") consistent with the CITY's Request for Proposals dated February 11, 2021 ("RFP") attached hereto as Exhibits "A" and "B" respectively and hereby incorporated by reference.
8. Performance of the SERVICES specified herein is made an obligation of CONSULTANT under this AGREEMENT, subject to any changes made subsequently upon the mutual written agreement of the parties.
C. The scope of services to be performed by CONSULTANT under this AGREEMENT shall include, but not be limited to, those services specified in Paragraph 2A hereof.
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D. CONSUL TANT will be financially responsible for all lost or damaged CITY property (i.e. ticket holders, radios, chalk sticks and citations devices) that are issued to ·INTER-CON :employees.
E. CONSULTANT and the CITY agree that ;it would be impractical and extremely: difficult to. fix the actual damages to the CITY In the event CONSUL TANT is unable ,to fill a schedule 8-hour shift and/or a 4- hour shift pursuant to its PROPOSAL due to short staffing. The parties have considered the facts ·of a breach of this contract and have agreed that the liquidated damages sums hereinafter set forth are · reasonable as liquidates damages In the event of ,a breach, and that said sums shall be presumed to be the amount of the damages sustained· by the CITY in the event said shifts are not filled by CO,NSULTANT due to short staffing. The sum of SIX HUNDRED DOLLARS ($600) for each unfilled scheduled 8- hour shifl:and the sum of THREE HUNDRED, DOLLARS ($300) for each unfilled· ·scheduled 4-hour shift . shall be . presumed to be the amount of damages suffered by the CITY, and CONSULTANT hereby agrees.to pay said amounts as liquidated damages for each time a scheduled 8-hour shift and/or scheduled 4-hour shift remains unfilled by CONSULTANT due to a shortage in:staff.
The sum of SEVENTY-FIVE ($75) per hour shall be assess for each unfilled scheduled· hour shift for each unfilled shift or portion thereof for the amount of damages suffered by the CITY, and CONSUL TANT hereby agrees to pay said amounts as liquidated damages for each time a scheduled shift remains ·unfilled by· CONSULTANT due to a shortage in staff as a result on CONSUL TANT's issues versus personnel matters that are outside CONSUL TANT's control.
F. CONSULTANT will provide a minimum of five clearly/visibly marked ucity of Alhambra Parking Enforcement" subcompact vehicles not more than two years old and In good running order. Each vehicle will be equipped with an Amber Directional Lightbar ( either on top of the vehicle or inside the rear window). Each contract employee shall arrive for duty in a properly designated vehicle. Vehicle shall be in a safe working order and in compliance with all applicable California Vehicle Code Sections. Vehicle shall be free from body damage, missing parts, or any other visible wear.
Vehicles that are damaged or disabled while in service for the CITY shall be replaced with an operable vehicle within one hour. In the event that a replacement vehicle is unavailable, contract personnel shall be relieved of duty for the remainder of the shift and CONSULTANT shall pay CITY prorated liquidated damages.
CONSUL TANT will be responsible for the cleanliness, repair and replacement of all vehicles that will be used by contract employees. All Professlonal Sef\llces contract
Over $50,000
09/09 Form
vehicle maintenance must be perfo�med on Vendors time, unless approved by the CITY.
3. PERFORMANCE STANDARDS. While performing this AGREEMENT CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performanc;e util,ized · by persons engaged in providing similar services. CONSUL TANT shall cooperate with CITY if CITY opts to monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days· after: such notification to cure any shortcomings to CITY!s·satisfaction;_. Costs associated with curing the deficiencies will b� borne by CONSULTANT. · .
4. · FAMILIARITY WITH WORK.
A. By executing this AGREEMENT,. CONSUL TANT agrees that, to the best of CONSULTANT's knowledge and belief, CONSUL TANT has
(i) Carefully investigated and considered the scope ol services to be performed;
(ii) Carefully considered how the .services should be performed; and (iii) Understands the . facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B. If services involve work upon any site, CONSUL TANT agrees that CONSUL TANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSUL TANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSUL TANT will immediately inform CITY of such fact and will not proceed except at CONSUL TANT's own risk until written instructions are received from CITY.
5. CITY SUPERVISION. The Chief of Police of the CITY, or the Chiefs designee, shall have the right of general supervision of all work perfonned by CONSUL TANT and shall be the CITY's agent with respect to obtaining CONSUL TANT's compliance he.reunder. No payment for any services rendered under this AGREEMENT shall be made without the prior approval of the Chief of Police or the Director's designee.
6. FEE. Compensation to CONSUL TANT for the total services for the time period of July 1, 2021 to June 30, 2024 to be rendered pursuant to this AGREEMENT shall be in an amount not to exceed $1,646.011.10. Costs for services are as follow:
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July 1, 2021 to June 30; 2022 -$537,362.80
JuIy ·1, 2022 to June 30, 2023 -$548,608.32
July 1, 2023 to June 30, 2024 - $560,040.00
Costs for services are 'to. be billed to the Police Department on a monthly basis. If any discrepancies exist between the RFP and the CONSUL TANT's PROPOSAL exist, then the terms of the RFP shall control.
7. EXTRA SERVICES. Notwithstanding any other provision herein, no extra services shall be rendered by CONSULTANT under this AGREEMENT unless such extra services first shall have been authorized in writing by the CITY. Any such services so authorized shall b,e pai.d by the CITY· at rates approved of by the CITY. '
a.· PAYMENT BY CITY. CONSULTANT shall send invoices to the City on a monthly basis, based upon the services already rendered at the time of the submission.
City shall pay all proper costs within thi'rty (30) days of receipt' of .such invoice(s).
9. TERM. The term of this AGREEMENT shall be as provided for in the RFP from after the date on which the CITY ·issues CONSUL TANT a Notice to Commence Work.
CONSUL TANT shall complete all those serv·ices set forth in its PROPOSAL by that certain date set forth in· said ,Notice to Commence Work or until such time as the services have been completed by the CONSULTANT and accepted by the CITY, whichever occurs first. The CITY may extend said time of completion for delays caused by circumstances beyond the control of either party to this AGREEMENT. Should the consulting contract extend beyond the estimated time for completion of said services, CITY hereby reserves the right to continue CONSULTANT's services hereunder with any and all fees for such additional services to be compensated by the CITY at rates approved by the CITY.
10. DISPUTES AND REMEDIES.
A. Claims, disputes, and other matters in question between the Parties arising out of or relating to this AGREEMENT or the breach thereof, must be resolved by the following procedure:
(i) CITY and CONSULTANT will exercise their best efforts to resolve disputes through the development of a consensus. A meeting may be requested by CITY or CONSUL TANT at any time for the purpose of resolving a dispute. A determination by CITY'S Chief of Police will be made within two (2) weeks after a meeting to resolve the dispute;
(ii) If unresolved within thirty (30) days, then City Manager, or his designee, will make a final determination;
Professional Services contract -4-0ver $50,000
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(iii) FolloWJng the· City Manage�s final determination, the Parties may submit · any unresolved matters to non-binding mediation. The parties may, but are not required to be, rep:resented by counsel in mediation;
(iv) If the Parties do not agree to mediation, or if mediation does not resolve the. Parties' dispute, the · matter may be pursued in Los Angeles County Superior Court, or the United States District Court, Central· District of California, if federal jurisdiction exists.
B. The Parties' rights and remedies under this Agreement are in addition to any other rights and remedies provided by law ..
11'. PREVAILING WAGE. CONSUL TANT is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California· Code of Regulations, TUle 8, Section 1600, et seq., ("Prevailing Wage,Laws"), which require the payment of prevailing wage rates-and the perfonnance of other requirements on "public works" and "maintenance" projects. If the SERVICES are being perfonned as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONSUL TANT agrees to fully comply with such Prevailing Wage Laws. The CITY shall provide CONSUL TANT with a copy of the :prevailing. rates of per diem wages in effect at the.com·mencement of this Agreement. CONSUL TANT shall make ·copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the SERVICES available to interested parties Lipan request, and shall post copies at the Consultant's principaL place of: business. and, at· the project site. CONSULTANT shall defend, indemnify and hold the City, its elected officials, officers, employees. and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
12. TERMINATION OF AGREEMENT. The CITY may terminate this AGREEMENT upon giving a ten (10) day advance written notice of such termination to CONSULTANT.
In that event, the City Manager, or his designee, based upon work accomplished by CONSUL TANT prior to notice of such termination, shall detennine the amount of fees to be paid to CONSUL TANT for such services based upon accepted accounting practices.
This finding by the City Manager, or his designee, shall be considered by the Alhambra City Council and the Council's determination shall be final and conclusive as to the amount of such fee.
13. INDEPENDENT CONTRACTOR. CONSULTANT shall act as an independent contractor in the performance of the services provided for in this AGREEMENT and shall furnish such services in CONSULTANT's own manner and method and in no respect shall CONSUL TANT be considered an agent or employee of the CITY.
14. OWNERSHIP OF DOCUMENTS. All financial documents, data, studies, and reports prepared by CONSULTANT under this AGREEMENT are CITY's property.
CONSULTANT may retain copies of said documents and materials as desired, but will Professional Services contract -5-0ver $50,000
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deliver all original materials to CITY upon CITY's written notice. _CITY agrees that use of CONSULTANT's completed work product, for purposes other than· identified In this AGREEMENT, or use of incomplete work product, · is at CITY's own risk. CITY will indemnify and hold CONSUL TANT harmless for any use of the work product other than as contemplated by this AGREEMENT. . .
15. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this AGREEMENT,
1 no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this .A�reement, will be released by CONSUL TANT to any other person or City without CITY's prior written approval. All press releases, including 'graphic .display information: �o be published i_n newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreemen� between t�e parties.
16. NONASSIGNMENT. This ;AGREEMENT is not assignable either in whole or in part by CONSUL TANT Without the written consent of CITY.
17.. TAXPAYER IDENTlflCATION NUMBER. CONSUL TANT will provide CITY with a valid Taxpayer Identification Number.
18. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the· term of this 'AGREEMENT, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
19. INDEMNIFICATION.
I
;
A. CONSULTANT hereby agrees to the following:
(i) Indemnification for Professional Services. CONSULTANT will save harmless and indemnify CITY and, at CITY's request, reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries, including death or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSUL TANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement.
(ii) Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should an·y claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its Professional Services contract -6-
0ver $50,000
09/09 Form
performance, CONSUL TANT' will defend CITY (at CITY's request and with counsel satisfactory. to CITY) and will indemnify CITY for any judgment rendered against it or . any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes· CITY's officers, officials, employees, agents, and representatives.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. CITY does not, and shall not, waive any rights against CONSULTANT which it may have by· reason of the aforesaid hold-harmless AGREEMENT because of the acceptance by CITY. or the deposit with CITY by CONSULTANT. of, any of ·the· insurance policies· hereinafter described in this AGREEMENT. , ·
E. The aforesa_id hold-harmless AGREEMENT by CONSULTANT shall apply to all damages and claims for damages, of every kind suffered, or alleged to hav�· been suffered, by reason of ariy of the aforesaid operations of CONSUL TANT, or any subcontractor of CONSUL TANT, regardless of whether such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
F. Notwithstanding any provision of this Agreement to the contrary, design professiona_ls. shall t>e required to defend and indemnify the City only to the· extent allowed· by Civil Code Section 2782.8, namely for-claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional" includes licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entities which offer such services in accordance with the applicable provisions of the Business and Professions Code.
G. The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions.
20. INSURANCE. CONSUL TANT shall not commence work under this contract until CONSUL TANT shall have obtained all insurance required by this AGREEMENT ·and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall CONSUL TANT allow any subcontractor of CONSUL TANT to commence work on any subcontract until all similar insurance required of the subcontractor of CONSUL TANT shall have been so obtained and approved.
A. COMPENSATION INSURANCE. CONSULTANT shall take out and maintain, during the life of this contract, Worker's Compensation Insurance for all of CONSULTANT'S employees employed to perform the Professional Services contract -7 -
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SERVICES as described secti.on 2.of the AGREEMENT; and, if any work is sublet, CONSULTANT shall require the subcontractor of CONSULTANT similarly to provide Worker's Compensation lhsurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONSULTANT. If any class of employees engaged in work under this AGREEMENT is not protected under any Workers' Compensation law, CONSUL TANT shall providei and shall cause each subcontractor of CONSUL TANT to provide adequate insurance for the protection of employees not otherwise protected. CONSULTANT shall indemnify CITY for any damage �suiting to it from failure of either CONSUL TANT or any subcontractor of CONSULTANT to take out or maintain such insurance.
B. COMPREHENSIVE GENERAL LIABILITY, PROFESSIONAL LIABILITY.
COMPREHENSJVE · AUTOMOBILE : LIABILITY AND CONTRACTUAL
GENERAL LIABILITY INSURANCE. CONSULTANT shall take out and maintain during the. life of this contract comprehensive general liability, products/completed ·operations hazard, comprehensive: automobile liability and contractual general liability insurance and shall protect CITY, ,ts elective and appointive boards, officers, agents and employees, CONSUL TANT, and :any subcontractor of CONSUL TANT performing work covered by this contract, from claims for damage for personal injury, including death, as well as from .claims for property damage which may arise from · CONSULTANT'S or any subcontractor of CONSULTANT'S operations under this contract, whether such operations be by CONSULTANt or by any subcontractor of CONSULTANT, or by anyone directly or : indirectly employed · by · either CONSUL TANT :or any subcontractor of CONSULTANT, and the amounts of such insurance shall be as follows:
(i) Commercial General Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000);
(ii) Professional Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000);
(iii) Comprehensive Automobile Liability Insurance in an amount of not less amount of not less than ONE MILLION DOLLARS
($1,000,000).
A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth in subsections (i),(ii), and (iii) above.
C. PROOF OF INSURANCE. The insurance required by this Agreement shall be with insurers which are Best A+ rated, and California-Admitted, or better. The CITY of Alhambra shall be named as "additional insured" on Professional Services contract -8-
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all policies required t)ereunder, except for Professional Liability Insurance, and CONSULTANT shall furnish the CITY Clerk, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30} da1t,s' prior notice of the cancellation of any policy during the effective,period of the contract.
D. NOTICE TO COMMENCE WORK. The CITY will not issue any notice authorizing CONSUL TANT or any subcontractor to commence work under this AGREEMENT until CONSUL TANT has provided to the CITY Clerk the ' proof of insurance -as required ·by subparagraph (C) of this article. 21'. NON-DISCRIMINATION.: CONSULTANT shall not discriminate in its recruiting, hiring, promotion, demotion or· tennination practices on the oasis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status, sex, age, or sexual orientation in the performance of this AGREEMENT and shall comply with the provisions of the California Fair Employment and Housing Act as set forth · in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to' such acts and order.
22. UNAUTHORIZED ALIENS. CONSUL TANT· hereby · promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as .definec:J ·.therein. Should CONSUL TANT so employ · such unauthorized· aliens for ,the performance of work and/or services covered by this AGREEMENT, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney's fees, incurred by the CITY in connection therewith.
23. CONFLICT OF INTEREST. CONSUL TANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations.
24. 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.
25. ATTORNEY'S FEES. 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, in addition to any other relief to which it may be entitled.
26. BINDING EFFECT. This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
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27. PROVISIONS, CUMULATIVE. : The provisions of this AGREEMENT are cumulative and in addition 'to and not in limitation of any rights or remedies available to CITY.
28. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this AGREEMENT have been negotiated and discussed between the parties and their attorneys, and this AGREEMENT reflects their mutual AGREEMENT regarding' the same. Because of the nature of such negotiations and discussions it would be inappropriate to deem any party to �e the drafter of this AGREEMENT; and, therefore, no presumption for or agains� val_idity or as to any interpretation hereof, based upon. the identity of the drafter,· shall b� applicable ••in interpreting or enforcing this AGREEMENT.
29. ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants to each other party as follows:
A. That . each party either had . the assistance of counsel or had counsel available to it, in the; negotiation for, and execution of, this AGREEMENT, and all related documehts·; and,
B. That each party has lawfully authorized the execution of this AGREEMENT.
30. MODIFICATION. This AGREEMENT shall not be modified except by written agreement of the parties.
31. GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the laws of the State of California.
32. : NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding this AGREEMENT, such notice may be furnished in writing by either party to the other and shall be served by personal service as required in judicial proceedings or by certified mail, postage prepaid, return receipt requested, addressed to the parties as follows:
CITY:
CONSUL TANT:
Professional Services contract
Over $50,000
09/09 Form
City of Alhambra - Police Department
Eric Parra, Chief of Police
211 South First Street
Alhambra, CA 91801
Inter-Con Security Systems, Inc.
Arron Tschida
Director of Operations
210 South De Lacey Avenue
Pasadena, CA 91105
Tel: (626)535-2625
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Email: atschida@icsecurity;com
33. FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include, but not be limited to, acts of God, fire, flood, earthquake, or other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or government statutes or regulations superimposed after the fact.
34. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section
16.5 and Civil Code section 1633.7.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on its effective date by their respective officers duly authorized on their behalf.
�'CITY'
CITY OF ALHAMBRA, a Charter Law City
ATTEST:
By
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
Professional Services contract
Over $50,000
09/09 Fonn
"CONSUL TANT"
Inter-Con Security Systems, Inc.
TAXPAYER ID# ______ _
By
Print Name: ---------
Ti tie: ----------
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Email: atschida@icsecurity;com
33. FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include, but not be limited to, acts of God, fire, flood, earthquake, or other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utillty, or government statutes or regulations superimposed after the fact.
34. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree that this Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section
16.5 and Civil Code section 1633.7.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on its effective date by their respective officers duly authorized on their behalf.
'.'CITY"
CITY OF ALHAMBRA, a Charter Law City
ATTEST:
By
-------� Mayor
Lauren Myles, City Clerk
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By----------------
Professional Services contract
Over $50,000
09/09 Form
"CONSULTANT'
Inter-Con Security Systems, Inc.
TAXPAYER ID# 95-3020192
By� Ma.A�
Print.Name: Neil Martau ---------
Tit I e: Chief Administrative Officer
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,·
II INTER-CON
SECURITY
I
\
210 Soadl De� Aw.
'Puadala, CA 91105
PPO Llcerm #: 6822
Pboac: 626.535.2200
Fax: 626.685.9120
[email protected]
April 1, 2021
Sgt. Rodney Castillo
Traffic Section Supervisor
City Clerk's Office
City of Alhambra
111 South First Street,
Alhambra, CA 91801
II
Subject: Request for Proposal, Parking Enforcement Services for the City of A1bambra Dear Sgt. Castillo,
We at Inter-Con are pleased to submit the following proposal for your consideration. Since 1973, we have had the honor and privilege of protecting large municipalities and provided parldng enforcement services to various clients across the country. In fact, we have provided these services to the City of Alhambra since 1996.
Over the past 48 years, Inter-Con bas continuously worlced to increase the value of our security solutions by consistently delivering best-in-class service, managcrnent strategies, and technologies that increase productivity while simultaneously lo�ering our clients' operational and administrative costs.
We prioritize fil]fi)ljng relationships with our clients and partners, so while our proposal outlines our response to this RFP, our long-term focus and commitment is to successfully meet the City's changing security needs through an on-going partnership. Given this, we remain open to continually customizing our services before contract award and at any point in the future. This approach allows us to effectively tailor our security sen,ice to meet the City's unique needs, as well as cultivate a positive and safe enviromnent for City's staff and visitors. Similarly, as a 100% family owned, certified Minority Business Enteiprise, we believe the diversity of our worlcforce plays a critical role in our success.
It is with our umost respect and enthusiasm that we request the opportunity to continue to serve the City of Alhambra as its trusted partner. We look forward to discusmng our proposal and addressing your future security ne.ecis.
Respec tfully,
CA-�--=
Enrique Hernandez m
President and Chief Executive Officer
I r /i ''
Executive Summary
■ JNTER•CONSBCIJRITY
Based in Pasadena, Califomia, Inter-Con. is a global provider of fully customized, high touch security solution services. With over 30,000 employees pertonning services across North and South America, Europe and Africa, we are one of the largest security companies in the world. However, rather than providing "mass guard" services, our core business focus is providing customized solutions for clientele whose needs exceed the capabilities of traditional security companies. With this proposal, we offer the following to the City of Alhambra (City):
EXPERTS IN CIVIL SECURITY
Inter-Con has supported local governments across Southern Califomia and beyond with security and parking enforcement services since its founding in 1973. Our longstanding partnerships with several municipalities providing security services for Cities in the greater Los Angeles area to include the Cities of Alhambra, Arcadia, Azusa, Covina, Glendora, San Gabriel, La Verne, and Pasadena. As veterans in the industry we are capable of supporting the City of Alhambra's program and are intimately familiar with all relevant city engineering standards, specifications, policies, practices, and processes. Unlike other companies in the security industry that proport to offer numerous, sector-specific service lines, yet fail to deliver the value such specialization promises, Inter-Con succeeds in providing premium services by designing, implementing, and maintaining client-specific programs, This unique service model allows us to tailor our security solutions to each client's individual needs and to effectively embed them within their security programs.
Whether it is the provision of a dozen Security Officers or over a hundred, we are able to scale excellence to the benefit of our clients and their staff, residents and visitors.
LOCAL PROVIDER
Inter-Con's location in Pasadena and density of operations throughout Los Angeles and the San Gabriel Valley, provides the City of Alhambra with an unparalleled proximity to excellence. Our operations will be directly supported by our Global Headquarters, West Coast Training Academy, and 24/7 Global Security Operations Center (GSOq. Only Inter-Con can provide this degree of support and unfettered access to such advanced and robust resources for the benefit of this contract. Furthermore, Inter-Con's pool of approximately 2,000 local security personnel combined with its numerous municipal contracts in the Los Angeles area, guarantees optimal staffing levels in both normal and surge conditions. In addition, our GSOC will provide 24/7 /365 monitoring and communications support to the City's program, while our Training Academy will deliver student-centric curriculum and live exercises that are fully tailored to the specific requirements of this contract. Furthermore, our corporate leadership and Account Management Team are just down the street and stand ready to address any of the City's needs.
HIGH-TOUCH ACCOUNT MANAGEMENT
Our approach to Account Management draws upon nearly five decades of experience with the local and federal government as well as multinational and commercial clients. Our experience of proven best practices allows us to design our service and management strategies specifically for the City of Alhambra, ensuring effective and efficient solutions from contract start. We have invested in high quality management in the form of Mr. Arron Tschida and Ms. Mariana Alvarez--committed professionals who understand Alhambra's needs and culture. Their support of this program ensures that our services are expertly managed and delivered with immediate approval and deployment of critical resources.
ENGAGED AND PROFESSIONAL SECURITY FORCE
Inter-Con has supported local governments across Southern California and beyond with parking enforcement and security services since its founding in 1973. As the City of City of Alhambra I RFP: 2M21-3 Parking Enforcement Services Executive Summary - 1
•�NTKR·CO�BCURIT
Alhambra's current parking enforcement provider, we are proud of our 25-year partnership with the City which offers a testament to Inter-Con's quality and reliability of services.
In the San G.lbriel Valley alone we provide more than 60,000 service hours of Parking Enforcement each year, writing over 45,000 citations. Throughout our years of service, we have generated tens of millions in revenue for local clients, which, combined with our innovative cost saving and value-creation techniques, has helped municipalities reiilize net increases in revenue of more than 300%. Inter-Con's Officers for the City of Alhambra average more than 158,000 citations per year with an error rate of less than 1 %, testifying to their efficiency and quality. We offer the highest-quality Parking Enforcement solution available, and we are committed to investing in our ongoing, long-term partnership with the City.
PROVEN TRANSITION EXPERTISE
Transitions between providers can be the most critical and sensitive periods for any Parking Enforcement Program. Changes in leadership, unfamiliarity of client culture, underlying requirements, duties not specifically defined in the RFP, and employee and management disruptions can all detail an otherwise successful program. This risk is two fold for the City, as a provider who is unfamiliar with this program might not only staff personnel who are not appropriate for the City of Alhambra, but also negatively impact City revenues by failing to maintain consistent citation levels. Fortunately, there is zero transitional risk with Inter-Con.
Since 1996, Inter-Con has effectively and efficiently supported the City's Parking Enforcement Program and worked with the City to evolve and grow, ensuring that Alhambra always receives the highest quality of Parking Enforcement services. For us, the "transition" period will serve as an opportunity for the City to input potential service modifications and improvements wherever this is desired. We will serve as a partner during this process, drawing on our critical mass of parking enforcement programs to suggest potential technological and other improvements to the program. Inter-Con is the only provider willing to partner with the City in the long-term in order to allocate required resources and maintain the continuity of services required.
STABLE & COMMITTED LOCAL OWNERSHIP - 100¾
MINORI1Y BUSINESS ENTERP RISE
In an industry marked by constant mergers and acquisitions, one key to Inter-Con's success has been stability, with Inter-Con now in our third generation of Hernandez family ownership and management. Going back to 1973, Inter-Con is the only security company still in existence operating with the same name, with the same ownership, and with the same unwavering commitment to our clients. This is far different from our publicly traded and private equity owned competitors which prioritize quarterly profits and exit strategies.
Ultimately, Inter-Con is the most stable and ethical security service partner for the City.
Our stable ownership allows us to make long-term investments in our capabilities, strategic partnerships, and clients. We have the latitude to take informed risks and sacrifice short term gains to deliver lasting value to our customers, often resulting in client relationships that span decades, More importantly, we maintain our integrity as well as our commitment to safety, diversity, and sustainability. We are a certified minority business enterprise driven to positively affect the natural and social environments in which we operate. As a local business, we arc committed to contributing to the communities and natural environments of the City of Alhambra.
WE AT INTER-CON SINCERELY BELIEVE THAT WE OFFER THE CITY OF ALHAMBRA the best security services, the best business mode� and partnership for the long-term success and protection of the City's employees, facilities, guests, and reputation. We look forward to discussing the highlights of our proposal with you.
City of Alhambra I RFP: 2M21-3 Parking Enforcement Services Executive Summary - 2
Inter-Con Security | Parking Enforcement Modification − 1
INTER-CON RATE MODIFICATION
Inter-Con and the City of Montebello will reach the end of our contract term on March 31st, 2025. As set forth in our signed agreement, the performance period may be extended by one year . The City, however, has requested an option to extend for two years. Inter-Con would be pleased to accept such an extension provided that we can ensure competitive pay rates for our officers across that period. As such, Inter -Con has proposed rate modifications for Extension Year 1 and Year 2 to adjust for changes to the local metropolitan area Consumer Price Index (CPI), which are presented below.
Our Extension Year 1 adjustment is based on the last twelve-month CPI increase of 2.9% for the Los Angeles Area Consumer Price Index. This adjustment would take personnel from $19. 50 per hour to $ 20.05 effective April 1st, 2025.
Our Extension Year 2 adjustment is based on an estimate of future CPI at 3.5%. This would make $20.75 the effective wage on April 1st, 2026.
For comparison, note that Salary.com reports that the current average wage in our industry is ~$21.00/hour.
RATE TABLES
Our proposed modified pay and bill rates reflecting these changes are shown in the tables below. We hope that the early delivery of this notice will aid the City in its budgeting process for the next fiscal period.
EXTENSION PERIOD – YEAR 1
Proposed Compensation Increase
Position Current Year 3
Compensation Increase ($) Increase (%)
Proposed
Extension
Period Year 1
Compensation
Parking Enforcement Representative - Day Shift $19.50 $ 0.55 2.90% $20.05 Parking Enforcement Representative - Night Shift $24.95 $ 0.70 2.90% $25.65
Bill Rates
Position Classification Current Year 3
Bill Rate Increase ($) Increase (%)
Proposed
Extension
Period Year 1
Bill Rate
Parking Enforcement Representative - Day Shift $35.30 $ 1.02 2.90% $36.32 Parking Enforcement Representative - Night Shift $42.47 $ 1.23 2.90% $43.70 EXTENSION PERIOD – YEAR 2
Proposed Compensation Increase
Position
Extension
Period Year 1
Compensation
Increase ($) Increase (%)
Proposed
Extension
Period Year 2
Compensation
Parking Enforcement Representative - Day Shift $20. 05 $0.70 3.50% $20.75 Parking Enforcement Representative - Night Shift $25. 65 $0.90 3.50% $26.55
Bill Rates
Position Classification
Extension
Period Year 1
Bill Rate
Increase ($) Increase (%)
Proposed
Extension
Period Year 2
Bill Rate
Parking Enforcement Representative - Day Shift $36. 32 $1.27 3.50% $37.59 Parking Enforcement Representative - Night Shift $43. 70 $1.53 3.50% $45.23
ATTACHMENT B
Inter-Con Security | Parking Enforcement Modification − 2
ANNUAL COST ESTIMATES
The following table shows the estimated budget impact of both the proposed options.
EXTENSION PERIOD – YEAR 1
Position Classification
Hours
per
Week
Current Year 3 Proposed Extension Period Year 1
Cost
Increase Hours per
Year
Bill
Rate
Annual
Cost
Hours
per Year
Bill
Rate Annual Cost
Parking Enforcement Representative - Day Shift 80 4,160 $35.30 $146,848.00 4,160 $36.32 $151,091.20 $4,243.20 Parking Enforcement Representative - Night Shift 20 1,040 $42.47 $44,168.80 1,040 $43.70 $45,448.00 $1,279.20 Total Hourly Costs 100 5,200 $191,016.80 5,200 $196,539.20 $5,522.40 Two Vehicles (Monthly Rate) 24 months $850.00 $20,400.00 24 $850.00 $20,400.00 $0.00 Grand Totals $211,416.80 $216,939.20 $5,522.40
EXTENSION PERIOD – YEAR 2
Position Classification
Hours
per
Week
Proposed Extension Period Year 1 Proposed Extension Period Year 2 Cost
Increase Hours per
Year
Bill
Rate
Annual
Cost
Hours
per Year
Bill
Rate Annual Cost
Parking Enforcement Representative - Day Shift 80 4,160 $36.32 $151,091.20 4,160 $37.59 $156,374.40 $5,283.20 Parking Enforcement Representative - Night Shift 20 1,040 $43.70 $45,448.00 1,040 $45.23 $47,039.20 $1,591.20 Total Hourly Costs 100 5,200 $196,539.20 5,200 $203,413.60 $6,874.40 Two Vehicles (Monthly Rate) 24 months $850.00 $20,400.00 24 $850.00 $20,400.00 $0.00 Grand Totals $216,939.20 $223,813.60 $6,874.40
POST EXHIBIT
For reference purposes, the following post exhibit was used to generate the above budget.
Labor Classification Schedule* Sun Mon Tues Wed Thu Fri Sat Total HPW Parking Enforcement Representative - Day Shift 07:00 - 16:00 - 8 8 8 8 8 - 40 Parking Enforcement Representative - Day Shift 07:00 - 16:00 - 8 8 8 8 8 - 40 Parking Enforcement Representative - Night Shift 03:00 - 07:00 - 4 4 4 4 4 - 20 Total Hours per Week 100
*Schedule includes a 60-min unpaid meal break.
ATTACHMENT C
CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3956
WITH INTER-CON SECURITY SYSTEMS, INC.
This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1”), is made and entered into this __ th day of _______ 2025, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and INTER-CON SECURITY SYSTEMS, INC. (hereinafter referred to as the “Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".
RECITALS
WHEREAS, the Consultant and the City entered into that certain Agreement for parking enforcement services by and between the City of Montebello and Inter-Con Security Systems, Inc. , dated February 23, 2022 ("Agreement"), pursuant to which City retained Consultant to provide such services as further described in the Agreement; and WHEREAS, pursuant to Section 3. Term of the Agreement, the term of the Agreement shall expire on March 31, 2025 unless extended pursuant to a one (1) year extension mutually agreed upon by the Parties in writing; and WHEREAS, the Parties now desire to extend the Term of the Agreement to March 31, 2027.
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:
AMENDMENTS
SECTION 1. Pursuant to Section 3 of the Agreement, the Parties hereby agree to extend the Term of the Agreement to March 31, 2027.
SECTION 2. Section 3(a) of the Agreement is hereby amended in its entirety to read as follows:
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire on March 31, 2025 from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one-year extension upon such terms and conditions mutually agreed upon by the Parties in writing
AMENDMENT NO. 1 TO AGREEMENT NO. 3956
SECTION 3. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement, shall remain unaltered and in full force and effect.
In the event of conflict between the provisions of this Amendment No.1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. [END OF AMENDMENT NO. 1]
IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO INTER-CON SECURITY SYSTEMS, INC.
Raul Alvarez, City Manager Neil Martau, Chief Administrative Officer ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City
Attorney
ITEM # 10
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Director
SUBJECT: ADOPT RESOLUTION NO. 25-21 AUTHORIZING SUBMISSION OF AN APPLICATION FOR FISCAL YEAR 2026 FEDERAL TRANSIT
ADMINISTRATION SECTION 5307 - 15% DISCRETIONARY CAPITAL FUNDS AND 1% ASSOCIATED TRANSIT IMPROVEMENT FUNDS
DATE: March 12, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Adopt Resolution No. 25-21 to authorize the submission of an application for Fiscal Year 2026 to the Metro Bus Operations Subcommittee (BOS) for Federal Transit Administration (FTA) Section 5307 - 15% Discretionary Capital Funds and 1% Associated Transit Improvement (ATI) Funds; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City of Montebello is preparing to apply for two funding opportunities for the Fiscal Year 2026 FTA Section 5307 Program. The first request, under the 15% Discretionary Capital Funds, seeks $3,500,000 (including the required 20% non-Federal match) to acquire three (3) hydrogen fuel cell electric buses (FCEBs). The second request, funded through the 1% ATI Funds, requests $800,000 (including the required 20% non-Federal match) to support essential replacements and enhancements identified in the Bus Stop Improvement Project (BSIP) analysis.
All future procurement processes acquiring FCEBs and enhancements under the BSIP will be included in the City's annual budget development process for each designated fiscal year. In addition, each phase of the procurement process will be presented to the City Council for thorough review and approval to ensure transparency and accountability
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
and adherence to procurement rules.
BACKGROUND/DISCUSSION:
The Bus Operations Subcommittee (BOS) comprises seventeen (17) voting members (Attachment A) and operates under the authority of the Los Angeles County Metropolitan Transportation Authority (Metro). The City, through Montebello Bus Lines (MBL), is an active participant in the BOS, which provides technical support and serves as a platform for regional public transportation operators to discuss transportation policies, financing programs, and operational challenges in Los Angeles County. On March 3, 2025, the BOS issued a notice inviting BOS voting members to apply for the FY 2026 FTA Section 5307 – 15% Capital Discretionary Funds and 1% ATI Funds (Attachment B).
The 15% Discretionary Capital Funds prioritize replacing buses that have exceeded the twelve (12) year useful life benchmark (ULB), extending the lifespan of current buses, upgrading or replacing bus operation facilities, and supporting projects related to alternative fuels, transit centers, and farebox technology. These funds are designed to support the modernization of bus fleets and improve the efficiency, sustainability, and safety of transit operations. In particular, these funds focus on alternative fuels and the adoption of new technologies that help reduce greenhouse gas emissions and promote a cleaner, more energy-efficient transit system.
If awarded, staff plans to use the allocated 15% Discretionary Capital funds to purchase three (3) FCEBs. These zero-emission buses will significantly reduce the City’s carbon footprint, improve air quality, and enhance the sustainability of public transportation.
Hydrogen fuel cell technology offers a clean energy alternative to diesel-powered buses, while maintaining high performance and range. This initiative aligns with MBL’s Zero Emission Bus Rollout Plan.
The 1% ATI funds are aimed at projects across six (6) categories: bus stop amenities, signage, pedestrian and bicycle access, landscaping, and historic preservation. Eligible initiatives include improvements such as upgrading transit infrastructure like shelters and signage, enhancing accessibility for pedestrians and cyclists, and preserving historic mass transit facilities.
On February 28, 2024, the City Council awarded a professional services agreement (No. 4180) to Kimley, Horn, and Associates Inc. for BSIP consulting services, which includes a comprehensive assessment of MBL’s bus stop infrastructure. The project involves a detailed survey and inventory of all bus stops within the City's jurisdiction. If awarded, ATI funds will be used to replace signage, benches, and trash receptacles based on the results of the analysis.
Since the City is eligible to apply for both the FY 2026 FTA Section 5307 – 15% Discretionary Capital Funds and 1% ATI Funds, staff recommend that the City Council consider adopting Resolution No. 25-21 (Attachment C) authorizing the City to apply for both funding opportunities. If granted, these funds will support MBL in advancing the City’s commitment to innovative, cutting-edge technologies, further reducing its carbon footprint, and contributing to the sustainable electrification of transportation.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend that the City Council consider adopting Resolution No. 25-21 to authorize the submission of an application for FY 2026 to the Metro BOS for FTA Section 5307 - 15% Discretionary Capital Funds and 1% ATI Funds; and take such additional, related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A – BOS Member Agencies
2. Attachment B – FY26 FTA Section 5307 – 15% Discretionary Capital Funds and 1% ATI Funds Guidelines
3. Attachment C – Resolution No. 25-21
ARTICLE II. MEMBERSHIP
The Bus Operations Subcommittee shall consist of seventeen (17) voting members and ex-officio members selected as follows:
a. Included Operators of Los Angeles County [one (1) vote each]:
• Arcadia Transit
• Claremont Dial-A-Ride
• Commerce Municipal Bus Lines
• Culver City Municipal Bus Lines
• Foothill Transit**
• Gardena Municipal Bus Lines
• LACMTA Operations
• La Mirada Transit
• Long Beach Transit
• Los Angeles Department of Transportation*
• Montebello Bus Lines
• Norwalk Transit System
• Redondo Beach Wave
• Santa Monica’s Big Blue Bus
• Torrance Transit System
b. Eligible Operators of Los Angeles County [one (1) vote each]:
• Antelope Valley Transit
• Santa Clarita Transit
c. Non-Voting Members (Ex-Officio)
• MTA – Approved Transportation Zone(s)1
* Asterisk represents that those operators are either receiving partial or full formula funding under the eligible operator criteria.
1 MTA approved Transportation Zone(s) shall become Included Operators and eligible to vote once provisions for eligibility have been achieved per established guidelines.
ATTACHMENT A
1 BOS
Bus Operations Subcommittee
__________________________ Date: March 3, 2025
To: BOS Members
From: John Xie, BOS Secretary
RE: FY2025 Appropriations of FTA Section 5307 – 15% Discretionary Capital and 1% Associated Transit Improvement (ATI) Funds
In 2025, BOS Working Group reviewed and considered potential modification of the priorities, application
process, forms and scoring sheets associated with the FY 2026 FTA Section 5307 – 15% Discretionary Capital and 1% Associated Transit Improvement (ATI) Funds project process.
The draft guidelines were discussed during the BOS meeting of February 18, 2025. BOS discussed bus price survey cost methodology during the FY 2023 review process and confirmed the bus price value is total bus cost: base pricing, options, ADA expenses and taxes.
During the 2023 application process, BOS approved annual funding to the California Transit Training Consortium (CTTC) for a three-year annual allocation for FY2024 ($360,000), FY2025 ($360,000) and FY2026 ($360,000). The CTTC will not resubmit a request for the next application period. The CTTC funding allows for BOS members to benefit from the Maintenance Training program at no cost to the transit agency. Long Beach Transit submits the application as the lead agency and allocates the funds directly to CTTC. The CTTC allocation is awarded first from the annual 15% funding.
BOS members voted to approve the application packet at the February BOS Meeting. The packet includes: principles, priorities, application procedures and updated bus pricing survey (Attachment A); and project description and justification templates (Attachment B) and the required Transit Agency Certification Sheet. As has been done in the past, the project proposals will be evaluated based on approved principles, priorities and eligibilities. No amendments are proposed to Principles, Priorities, Application Procedures and Application Templates.
The schedule for the application and award process is as follows:
February 18, 2025 Principles a nd Application packet approved at BOS February 28, 2025 Final Principles and Application Packet emailed to BOS members
March 27, 2025 – 5:00 PM
(Thursday)
PROJECT PROPOSALS DUE via email to
[email protected]
LATE submissions will be DISQUALIFIED
April 2, 2025
(Wednesday)
Agencies’ Proposals and Scoring Sheets emailed to BOS
members for evaluation
April 15, 2025
(BOS Meeting)
Agency presentation and final scoring; award amount
recommendation
Please submit your project proposal(s) in accordance with Application Procedures outlined in the application packet. If you have any questions and/or require additional information, please contact John Xie at 626-931-7261 or [email protected]. Thank you all for your participation and contributions to this process.
ATTACHMENT B
ATTACHMENT A
1 FTA Section 5307
15% Discretionary Capital and 1% Associated Transit Improvement (ATI) Funds
The following principles shall be applied to project applications for both funding sources:
Principles:
1. Qualifying agencies may submit only one project per funding category.
2. Qualifying agencies may submit separate applications for the same project in both the 15% and 1% categories, for eligible expenditures. The eligible expenditures shall be identified, and the funding amount shall be estimated in both project applications by category.
3. In order for a project to be eligible for funding, it must receive a score of 70 or higher.
4. No one agency is eligible to claim more than 50% of the available funding for in either funding source.
5. Multi-agency cooperation on projects is encouraged.
6. Overmatching on projects is encouraged.
7. Discretionary capital funds originating from federal urbanized area formula funds for Urbanized Area 2 (UZA 2) shall be recommended for allocation only for projects that are located within, operate within and/or generate National Transit Database (NTD) data, and therefore federal revenues for UZA 2. Agencies with projects located in or operated outside of UZA 2, that also provide direct service to operations within UZA 2 will be considered for funding only in proportion to their UZA 2 operations. ex: 80% of a route is allocated to UZA x, with the remaining 20% of the route allocated to UZA 2 (as reported to NTD for annual reporting purposes). Through this process, only 20% of the total bus cost will be considered for funding at the federal approved percentage. 1 8. Any BOS member agency who is unable to send a voting representative to the scoring meeting may submit their scores for inclusion in the scoring process.
9. BOS shall re-evaluate these principles, priorities and procedures on an annual basis.
1 For example, if a commuter bus reports 50% of its NTD dat a in UZA 2 and 50% of its NTD data in another UZA, an applicant may only request 50% of the needed funding from UZA 2’s discretionary funds. Similarly, UZA 2 discretionary funds cannot be used to build/expand facilities in support of local fixed route services operating outside UZA 2, but may be used to build/expand facilities in proportion to their need to support operations within UZA 2.
ATTACHMENT A
2 SECTION 5307 – 15% DISCRETIONARY CAPITAL FUNDS
The following priorities (not in any order) will be used to determine 15% Discretionary Capital Funds project eligibility:
Bus Purchases
o Replacement of existing buses that are at least 12 years old or have exceeded their life expectancy. Per SCAQMD Fleet Rule 1192, only alternative fuel vehicles which do not rely on diesel fuel may be purchased for operation within the South Coast Air Quality Management District. Hybrid-electric and dual-fuel technologies that use diesel fuel are not considered alternative fuel technologies. Replacement buses have first priority within this category.
o Service enhancement buses – lesser priority within this category. Mechanical rehabilitation of existing buses in order to extend the life of the bus for at least another 6 years.
Bus Operation, Maintenance & Administration Facility – new or replacing existing facility at least 50 years old. Structural rehabilitation or expansion of existing facility in order to extend the life expectancy at least another 25 years; or modifications to existing facility to accommodate alternative fuel infrastructure.
New alternative fuel or zero emission infrastructure projects (i.e. charging stations). Transit center projects.
Regional farebox technology projects which adhere to FTA procurement requirements. Metro may be eligible to receive up to 50% of the 15% Discretionary Capital funding total upon submission of a qualifying project.
ATTACHMENT A
3 BOS Survey - Average Bus Prices for FY2024 Funds
Updates were made to the bus price survey conducted with adjustments made for recent procurements. BOS member agencies were requested to submit information on recent transit vehicle purchases (bus type, number purchased and vehicle costs including base cost, options, ADA, and taxes). The average of the total vehicle prices by vehicle type is based on the survey results, the CalACT/MBTA Purchasing Cooperative Agreement, DGS 2, recent vehicle purchases,
and escalated 3.38% cost increases due to supply chain issues. Transit vehicle requests are capped using the average prices below:
Vehicle Type Agencies Purchases # of
Vehicles
Weighted
Average Note
Paratransit Minivan (Class D) 1 1 25 $ 128,239 RTA
Paratransit Cutaway, Gasoline 1 1 25 $ 166,754 RTA
Paratransit Cutaway CNG (Type C) 2 2 8 $ 209,393 VVTA Trolley Bus Gasoline 1 1 10 $ 300,106 Torrance Transit Paratransit Minivan (Electric) 1 1 1 $ 78,917 LADOT I.C.E. 40' CNG Bus 1 1 24 $ 709,002 Torrance Transit
40' H2 Fuel Cell 1 1 2 $1,561,765 Torrance Transit
40' Electric Bus 2 2 42 $1,432,282 5 Agencies
40' Electric Double Decker 1 1 12 $1,758,000 Foothill Transit 40' Electric Commuter Bus 1 1 1 $1,097,010 LADOT I.C.E.
2 DGS: California Department of General Services Zero Emission Contract
ATTACHMENT A
1 SECTION 5307 – 1% ASSOCIATED TRANSIT IMPROVEMENT (ATI) FUNDS While the “Fixing America’s Surface Transportation Act” (FAST) ended the requirement for recipients to expend 1% of their funding for Associated Transit Improvements, BOS agrees that it is critical to remain focused on enhancing public transportation services.
The Los Angeles region is primed to grow transit ridership and is currently working to develop innovative solutions that address customer needs based on a better understanding of the changes in the region’s demographics, travel options and patterns. Dedicated funding to address these changes and implement future solutions that attract customers to ride more by retaining current customers, reclaiming past customers, and recruiting new customers, is critical to the success of transit in the County.
Therefore, in Los Angeles County, Associated Transit Improvements will continue to be funded with 1% of the regional FTA 5307 funding total upon submission of a qualifying project during the competitive process. Metro may be eligible to receive up to 50% of the total allocation of 1% funds.
Project priority and eligibility for 1% Associated Transit Improvement funds are numbered by priority and include the following:
1. Bus Stop Amenities including: bus shelters and furnishings, accessibility improvements, tables, benches, trash receptacles and street lights
2. Signage, including electronic systems
3. Pedestrian access and walkways and other enhanced access to mass transportation for persons with disabilities
4. Bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on mass transportation vehicles
5. Landscaping and other scenic beautification of transit-associated facilities
6. Historic preservation, rehabilitation and operation of historic mass transportation buildings, structures and facilities (including historic bus and railroad facilities)
ATTACHMENT A
2 APPLICATION PROCEDURES
The Transit Agency Certification Form must be completed, signed by your agency’s designee, and submitted along with the Project Description and Justification Forms. Each Project and Justification Forms must be sent in ADOBE PDF format. Send separate Project PDF documents for the 15% forms and the 1% categories.
Agencies may submit separate applications for the same project in both the 15% and 1% categories, for eligible expenditures.
The FY2026 fund allocations for FTA Section 5307 15% Capital Discretionary and 1% set aside for Associated Transit Improvements (ATI) Funds have not been released at this time. The estimated available funding will be based on the FY2025 funds of $47,132,886 and $3,173932 respectively. These fund estimates will be adjusted when the official funding marks are made available by the time of the fund award recommendation, scheduled for April 15, 2025. Agencies shall submit projects in accordance with federal guidelines.
In order to be considered, your project proposal must be submitted via email by 5:00 PM, Thursday, March 27, 2025. Any proposals received after the deadline will be deemed disqualified. Since there is a good chance that the clocks on our Outlook systems may have minor discrepancies, it is recommended that you submit the proposal(s) about 15 minutes before 5:00 PM on the due date. Please try to limit proposals to no more than two pages while concisely addressing issues.
Please submit projects by e-mail only to: John Xie
Foothill Transit
[email protected]
626-931-3369
You will receive an e-mail confirmation upon receipt of your application(s).
ATTACHMENT A
3 Evaluation and Award Procedures:
A package of scoring sheets and projects from certified agencies will be emailed to BOS members on Wednesday, April 2, 2025. BOS members will review all of the projects, except their own, and score them according to the approved criteria prior to the April 15, 2025 BOS meeting. At the BOS meeting, all the agencies that have submitted projects will have an opportunity to provide a three-minute presentation on each project and answer any questions regarding the agency’s project(s).
Each agency will submit a final score on each project. Each agency’s project is compared to the other project applications, therefore, only one agency shall receive the highest overall score for the 15% and the 1% applications, and each application shall receive its own unique score for the 15% and 1% categories. After the highest and lowest scores for each project are omitted to eliminate any inconsistencies, each project will receive an average score and will be placed in rank order. In order for a project to be eligible for funding, it must score 70 points or higher.
BOS members will discuss the projects and allocate available funds based on the scoring of the principles and project priorities herein. Priority for funding shall be given in scoring order, and no one project may receive more than 50% of the associated funding pot. It may occur that projects are not funded in their entirety.
Should the project submittals exceed available funds for either the 15% Discretionary Capital Funds or 1% Associated Transit Improvement (ATI) Funds, awards will be made according to an agreed upon scoring procedure by BOS members. After all projects have been scored and funds allocated, any remaining funds available will be allocated in the following order:
1. Increase funding levels (percent of project funded) to eligible projects already funded.
2. Begin funding projects that fell below the 70% eligibility threshold.
3. Conduct a second round of applications for award.
This order will also pertain to any projects that are interrupted and will not be completed due to unforeseen reasons. Once consensus is reached among BOS members and a vote to accept the allocations is conducted, the recommended award amounts will be forwarded to the Metro Board for approval.
ATTACHMENT A
4 5307 Discretionary Application Scoring Guidelines
The 5307 Discretionary Application Process under BOS is an annual competitive procedure to award funds to the Municipal Operators for various capital transit projects. Please consider the following criteria when evaluating the projects to determine your scores for the applications.
1. Scoring:
a. Each agency’s project is compared to the other project applications. There should only be one agency who receives the highest overall score for the 15% and the 1% applications.
b. Each application should receive its own unique score when compared to another application in either the 15% or 1% funding categories.
2. Project Need
Rank the projects against each other comparing the vehicle ages, mileage, and lifetime of the vehicles. Consider how the agency uses its 5307 funding – i.e., vehicles, preventive maintenance, facilities, etc. Does the project meet the agency’s Transit Asset Management (TAM) Plan guidelines?
3. Leveraging:
Leveraging funds describes the applicant’s ability to provide a higher local match than the required 20%. Projects with a higher local contribution allow BOS the potential to fund a higher number of projects with the available funds.
4. Project Readiness:
Examples of Project Readiness may include an explanation in which plans and specifications are nearly complete or complete. For example, bus purchases may score higher if the agency has plans through a joint procurement/cooperative agreement or is on an existing bus purchase contract with options. Transit amenities projects may include an explanation that describes the progress of the plans and specifications; plans that are nearly 100% complete should score higher than projects that have completed specifications that are less than 100%. Scoring should be incrementally lower based on the status of the completion of the specifications.
5. Benefit to Transit Users
Rank the project’s contributions to transit benefits. For example: Does the project improve air quality? Does the project directly benefit users or provide an indirect benefit (such as air quality, reduces congestion, etc.) Does the project support or improve regional coordination or connections? Does the project increase transit ridership?
FTA Section 5307
15% Discretionary Capital and 1% Associated Transit Improvement (ATI) Funds
TRANSIT AGENCY CERTIFICATION FORM
(Please circle YES or NO for each question)
1. Is your agency a current FTA grantee? YES NO
2. Does your agency file NTD reports with the federal government? YES NO
3. Does your agency have lapsing 15% and 1% funds which are not already in obligated grants, programmed in the TIP, or in a TIP project already submitted to Metro? YES NO
4. If your agency receives full funding from other sources for the same project, do you agree to return excess funds to the “pot” for reallocation? YES NO
5. Has your agency sold or traded any transit specific funds for non-transit funds resulting in an overall loss of transit funds to the agency in the last two fiscal years? YES NO
6. If your project is a bus purchase, does your project comply with the SCAQMD Fleet Rule 1192 which is required for any transit bus operated within the LA UZA region? YES NO
AGENCY CERTIFICATION:
I certify that the above statements are true and accurate and that my agency’s applications for FTA 5307 15% Discretionary Capital and/or 1% Asso ciated Transit Improvement Funds demonstrate viable projects for which match funding has been identified.
_____________________________________
Printed Name and Title
_____________________________________ ________________________________ Signature Date
BOS Review By: Date:
_______________________________________________________________________________
ATTACHMENT B
Project Description
1 FY 2025 SECTION 5307
15% CAPITAL DISCRETIONARY FUND
PROJECT DESCRIPTION AND JUSTIFICATION TEMPLATE
Due by Thursday, March 27, 2025 at 5:00 PM to John Xie at [email protected]
A G E N C Y :
PROJECT SHORT TITLE: ________________________________________________
PROJECT DESCRIPTION: _______________________________________________
_____________________________________________________________________
PROJECT JUSTIFICATION / NEED: (45 points) _____
Projects requesting vehicles should minimally answer the following:
How old is the vehicle being replaced and how many miles will it have on it at the time of replacement? Do they meet FTA end of life cycles? Were the vehicles purchased new or used? If used, how old were they at the time of purchase? Describe how you use your CAP 5307 funds.
Projects requesting facilities should minimally answer the following:
How old is the facility being replaced? What is the size of the facility being planned? Describe the need for additional facility space. If requesting a fueling facility, describe the current fueling situation. Is the agency switching fuel paths?
PROJECT READINESS: (20 points)
Is the project in an agency-approved SRTP? Provide TIP Project number and TIP year.
If funding request is for vehicles, when is vehicle delivery expected? If funding request is for a facility: Has the facility been designed? Has it completed preliminary engineering? Has it undergone an environmental review (EIR)? Is there any community opposition to the project?
COST EFFECTIVENESS & LEVERAGING: (20 points)
What other funding pots have you applied for to pay for this project? (e.g. Federal Appropriations or Call for Projects) How much unobligated FTA 5307 15% funds does your agency have? What are the plans for obligating those funds in a grant? What other unobligated capital funds do you have? How are you planning to spend those funds? What other competitive funding has already been awarded for this project, and what is the dollar value of the award/s?
BENEFIT TO TRANSIT USERS: (15 points)
Describe any benefits to the region through this project’s implementation. How will this project improve the regional transit network?
PROJECT COST AND FUNDING REQUEST:
A minimum of 20% Local Match is required.
ATTACHMENT B
Project Description
2 Priority # ____
FY 2025 SECTION 5307
1% ASSOCIATED TRANSIT IMPROVEMENT (ATI) FUNDING
PROJECT DESCRIPTION & JUSTIFICATION TEMPLATE
Due by Thursday, March 27, 2025 at 5:00 PM to John Xie at [email protected]
A G E N C Y : _ _ _ _ _
PROJECT SHORT TITLE:________________________________________________
PROJECT DESCRIPTION: _______________________________________________
_____________________________________________________________________
PROJECT JUSTIFICATION / NEED: (45 points)
Why is the agency performing the project?
What is the need for the project?
PROJECT READINESS: (20 points)
Is the project in an agency-approved SRTP?
Provide TIP Project number and TIP year.
When is the project expected to be completed?
COST EFFECTIVENESS & LEVERAGING: (20 points)
What other funding pots have you applied for to pay for the project? What other competitive funding has already been awarded for this project, and what is the dollar value of the award/s? How much unobligated FTA 5307 1% funds does your agency have? What are the plans for obligating those funds in a grant? What other unobligated capital funds do you have? How are you planning to spend those funds?
BENEFIT TO TRANSIT USERS: (15 points)
Describe any benefits to the region through this project’s implementation. Include relevant connectivity to other transit systems, light rail, etc.
PROJECT COST AND FUNDING REQUEST:
A minimum of 20% Local Match is required.
ATTACHMENT C
RESOLUTION NO. 25-21
RESOLUTION OF THE CITY OF MONTEBELLO, CALIFORNIA,
APPROVING THE APPLICATIONS FOR FY 2026 FEDERAL TRANSIT
ADMINISTRATION SECTION 5307 – 15% DISCRETIONARY CAPITAL FUNDS AND 1% ASSOCIATED TRANSIT IMPROVEMENT FUND
COMPETITIVE GRANTS
RECITALS
WHEREAS, the Federal Transit Administrator has the authority to award federal financial assistance for a transportation project; and
WHEREAS, the grant or cooperative agreement for federal financial assistance will impose certain obligations upon the applicant and may require the applicant to provide the local share of the project cost; and
WHEREAS, the applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; and WHEREAS, the Bus Operator Subcommittee is responsible for approving eligible projects for both Section 5307 – 15% Discretionary Capital Funds and 1% Associated Transit Improvement funds within the framework of the Bus Operations Subcommittee (BOS); and
WHEREAS, the applicant will adhere to the FY 2026 Application Guidelines and submit an eligible project.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
APPROVES THE FILING OF AN APPLICATION FOR THE APPLICATION FOR FY 2026 FEDERAL TRANIST ADMINSTRATION SECTION 5307 – 15%
DISCRETIONARY CAPITAL FUNDS AND 1% ASSOCIATED TRANIST
IMPROVEMENT FUND COMPETITIVE GRANTS
SECTION 1: Approvals and Certifications.
1. Certifies that said Applicant has or will have available, prior to commencement of any work on the projects included in this application, the sufficient funds to complete the projects; and
2. Certifies that if funding is awarded, the Applicant has or will have sufficient funds to operate and maintain the projects; and
RESOLUTION NO. 25-21
3. Delegates the authority to the Director of Transportation or her designees to execute and file with its application for federal assistance grant or cooperative agreement; and
4. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and
SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.
APPROVED AND ADOPTED THIS 12TH DAY OF MARCH 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. 25-21 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 March 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
RESOLUTION NO. 25-21
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
ITEM # 11
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE SUBMISSION OF THE CITY’S FISCAL YEAR 2025-26
ANNUAL EXPENDITURE PLAN AS PART OF THE LOS ANGELES
COUNTY SAFE, CLEAN WATER PROGRAM (MEASURE W)
DATE: March 12, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize staff to submit the Los Angeles County Safe, Clean Water Program (Measure W) Annual Expenditure Plan for Fiscal Year 2025-26; and,
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Los Angeles County Safe, Clean Water (SCW) Program Fiscal Year 2025-26 local return allocation for Montebello is estimated at approximately $910,000. Under the SCW Municipal Program, 40% of the funding is allocated to cities as local return with maximum flexibility. Eligible activities include project development, design, construction, effectiveness monitoring, operations and maintenance, programs and studies related to protecting and improving water quality. The City will receive direct funding via the Municipal Program proportional to the revenues generated within our boundaries.
On February 26, 2020, the City Council approved a Partnership Agreement with Los Angeles County for the East Los Angeles Sustainable Median Stormwater Capture Project. Construction of this $33.3 million project is complete and the City’s total contribution is $4,532,424. The Annual Plan Program for FY 2025-26 includes the continued contribution to the East Los Angeles Sustainable Median Stormwater Capture Project in the amount of $252,702. The City will also contribute $36,000 annually to the operation and maintenance of this project.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
Both the construction payments and the annual maintenance cost will be programmed from the Measure W fund (Fund 229) and will not impact the General Fund. The FY 2024- 25 budget includes appropriations for these and related expenses in Fund 229.
Subsequent budgets will be developed to include appropriations for eligible expenditures. The payment schedule per the terms of the agreement is as follows:
Invoice No. Amount Payment Date
1 $700,000 6/10/2021
2 $800,000 6/9/2022
3 $758,106 7/6/2023
4 $758,106 1/11/2024
5 $758,106 12/5/2024
6 $252,702 12/30/2025
7 $252,702 12/30/2026
8 $252,702 12/30/2027
Total: $4,532,424
The balance of the annual funds is programmed for administrative programs, operation and maintenance activities related to regulatory compliance. For the upcoming fiscal year, the table below lists the expenditures, budgets for the expenditures, and total budget for the City's SCW Program Payment.
Expenditure Type Expenditure Name Expenditure Budget
Project 1
East Los Angeles Sustainable Median
Stormwater Project
$252,702
Project 2
East Los Angeles Sustainable Median
Stormwater Project O & M
$36,000
Project 3
Citywide Catch Basin CPS Inserts
Installation Project – CP 931
$516,298
Program 1
Stormwater and Urban Runoff Monitoring
and Reporting
$200,000
Program 2
Water Quality Programs Administration
and Coordination
$55,000
Total: $1,060,000
The City has approximately $150,000 of unprogrammed Measure W funds and will be appropriated to Project 3 - Citywide Catch Basin CPS Inserts Installation Project – CP 931, which includes the estimated funds for FY 2025-26. The $910,000 in revenue will be recorded in Account No. 229-99-3630.70 (Special Revenue Measure W). The $910,000 in expenses will be recorded in Account No. 229-30-315-6040.10 (Outside Contracts). Subsequent budgets will include the anticipated revenue and planned expenditures in Fund 229.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
BACKGROUND/DISCUSSION:
On August 28, 2024, the City Council authorized the City Manager to sign the Los Angeles County (County) Safe, Clean Water Program Transfer Agreement. The Municipal Program is designed to maximize the ability of the City to address local stormwater and urban runoff challenges and opportunities.
Annual expenditure plans are due April 1st of each year for the upcoming fiscal year. The intent of this plan is to provide a description of projects, programs, Operation and Maintenance and other activities that are funded through this program. Projects and programs presented in the expenditure plan are required to include water quality benefits.
Multi-benefit projects and nature-based solutions are also highly encouraged. The plan includes the expected budget of estimated expenditures, an overview of benefits achieved, achievement of the City project/program goals, work schedule, completion date and other objectives that will demonstrate the City’s use of funds.
The following are guidelines under the County’s SCW Program:
18.06 - Municipal Program Implementation.
A. The Municipal Program shall be implemented in accordance with the provisions of this Section.
B. Each Municipality receiving Municipal Program funding from the SCW Program shall perform the following functions as part of the Municipal Program:
1. Prioritize the development of Projects that, to the extent feasible, assist in achieving compliance with the MS4 Permit.
2. Prepare, prior to the start of that Municipality's fiscal year, a plan for how SCW Program funds will be used in the ensuing fiscal year.
3. Comply with all SCW Program reporting and audit requirements and provide to the District additional financial and other information, as required by the SCW Program or upon request of the District.
4. As part of the Municipal Program planning process, consider Municipal- level requests for Projects from eligible Infrastructure Program Project Applicants.
5. At least annually, prepare and provide to the public informational materials containing up-to-date information on the Municipality's actual and budgeted use of revenues from the SCW Program.
6. Operate in accordance with best practices for government agencies.
7. Be strictly accountable for all funds, receipts, and disbursements by the Municipality.
8. Identify or establish, and then execute, a plan to engage with Stakeholders in the planning process for the use of the Municipal Program funds during the planning and implementation of Projects and Programs.
9. Comply with all Transfer Agreement requirements.
10. Prepare a vector minimization plan addressing vector considerations for the design, operation, and maintenance of each Project.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
C. Maintenance of Effort.
1. A Municipality must spend at least seventy percent (70%) of its Municipal Program funds annually on eligible expenses related to Projects or Programs implemented on or after November 6, 2018, which also includes operations and maintenance of Projects built to comply with the MS4 Permit, so long as the Project complies with Municipal Program requirements.
2. Up to thirty percent thirty percent (30%) of a Municipality's Municipal Program funds may be used to pay for costs and expenses incurred on or after November 6, 2018, related to the continuation of Programs implemented or the maintenance of Projects implemented prior to November 6, 2018.
D. Municipal Program Annual Progress/Expenditure Reports.
1. Each Municipality shall prepare and submit an annual report to the District, not later than six months after the end of that Municipality's fiscal year.
2. The annual report shall include the following information:
a. A summary of the expenditures and Water Quality, Water Supply, and Community Investment Benefits realized through use of SCW Program funds;
b. The amount of SCW Program funds expended;
c. Documentation that the SCW Program funds were used for eligible expenditures;
d. A description of work accomplished during the reporting period; e. The milestones or deliverables completed/submitted during the reporting period;
f. The work anticipated to be accomplished during the next reporting period; g. Photo documentation of the above, as appropriate;
h. Additional information as required by the District; and i. A description of the Municipality's stakeholder-engagement activities during the reporting period, including documentation, as appropriate.
3. The District shall review each Municipality's annual report to make a preliminary determination of whether and the extent to which each Municipality's expenditures achieved SCW Program Goals, and the District shall forward its preliminary determination to the ROC.
4. The ROC shall review the Municipalities' annual reports after the District has completed its preliminary determination, to evaluate whether and the extent to which the Municipalities' expenditures achieved SCW Program Goals and develop recommendations as appropriate. The ROC shall report its findings and recommendations to the Board and provide copies to the respective Municipalities. (Ord. 2019-0042 § 11, 2019.)
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
The recommended action will allow the City to submit the required annual Los Angeles County Safe Clean Water Program (Measure W) expenditure plan for Fiscal Year 2025-
26. There is no direct fiscal impact to the recommended actions. The FY 2025-26 budget will be developed to include funding for the expenditures detailed above.
ATTACHMENT(S)
1. Attachment A - Montebello Measure W Annual Plan 2025-26
SCW Program Annual Plan 2025-2026: Description of Projects P
ROJECT 1: East Los Angeles Sustainable Median Stormwater Capture Project BUDG
ET: $ 252,702
DE
SCRIPTION: The City implemented this regional project in partnership with the County of Los Angeles and the City of Monterey Park. The project repurposed large medians into infiltration BMPs by diverting urban and stormwater runoff to drywells and creating community recreational spaces. The BMPs are sized to capture and treat approximately 22 ac-ft of urban and stormwater runoff from a 3,000- acre tributary area. Community benefits include jogging paths, drought tolerant landscaping, and educational/interpretive signs. The project was programmed into the Rio Hondo WASC SIP, and the City is funding its own cost-share through the Measure W local return.
Description of SCW Program Goals Achieved
G
oal 1: Improve water quality and contribute to attainment of water -quality requirements.
T
his project will implement drywells (infiltration BMPs) and will contribute to the attainment of water -quality requirements, such as the Los Angeles River Bacteria and Metals TMDLs.
G
oal 2: Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.
T
he project will increase drought preparedness by capturing and infiltrating both stormwater and urban runoff to drywells and incorporating pervious walkways, drought tolerant landscape, and a water -efficient irrigation system into the site design. It is expected that the project will capture approximately 228 ac-ft of stormwater per year that will recharge Central Basin.
G
oal 3: Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.
T
he project will improve public health through the capture and infiltration of stormwater and urban runoff by diverting the runoff to BMPs. This will also reduce flood risks.
Additionally, the large medians will be converted to recreational areas that the community can enjoy, to include park space, benches and picnic tables, walkways/jogging paths, exercise equipment, and education signage. Furthermore, the project will help the community mitigate and adapt to the effects of climate change by planting over 270,000 sf of landscaping, including drought tolerant vegetation and over 300 trees, thereby
ATTACHMENT A
increasing shade and green space, reducing heat island effect, increasing carbon reduction/sequestration, and improving air quality.
Goal 4: Leverage other funding sources to maximize SCW Program Goals.
Other funds that have been leveraged include funding through the California Urban Greening Grant Program, Proposition 50 Clean Beaches Program, and Proposition 1 Stormwater Implementation Grant Program.
Goal 5: Invest in infrastructure that provides multiple benefits.
See responses to Goals 1, 2, and 3.
Goal 6: Prioritize Nature-Based Solutions.
The project will incorporate bioswales and revegetation using drought tolerant plants and native trees. Over 270,000 sf of landscaping and 300 trees will be planted.
Goal 7: Provide a spectrum of project sizes from neighborhood to regional scales.
This is a regional project.
Goal 8: Encourage innovation and adoption of new technologies and practices.
The project will incorporate drywells and water-wise landscaping and irrigation practices.
Goal 9: Provide DAC Benefits, including Regional Program infrastructure investments, not <110% of the ratio of the DAC population to the total population in each Watershed Area.
This project will provide new recreational and educational opportunities to DAC in East Los Angeles in an area that is currently an unused public right-of-way.
Goal 10: Provide Regional Program infrastructure funds benefitting each Municipality in proportion to the funds generated within their jurisdiction, after accounting for allocation of the 110% return to DACs, to the extent feasible.
This is achieved through funding by the Regional Program.
Goal 11: Implement an iterative planning and evaluation process to ensure adaptive management.
Implementation of the project will allow for an iterative planning and evaluation process, especially for O&M procedures and also incorporating the knowledge and experience to future similar projects.
Goal 12: Promote green jobs and career pathways.
The project requires a skilled workforce to ensure proper design, installation, operations and maintenance, and recordkeeping/reporting of all project components.
Goal 13: Ensure ongoing operations and maintenance for Projects.
The project will require ongoing operations and maintenance, including routine inspections to identify any necessary repair issues and maintenance of the BMPs. This will be overseen by the County of Los Angeles.
Qualitative Targets and Corresponding Metrics
Targets 1-3:
Annual volume of stormwater captured and 1) treated, 2) reused, or 3) recharged to a managed aquifer.
232 ac-ft of stormwater will be captured and infiltrated in an average rainfall year. The infiltrated water will recharge Central Basin.
Target 4: Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
See response to Goal 3 above.
Target 5: Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best). If none, discuss considerations explored and reasons to not include.
This assessment will be provided in the Annual Progress/Expenditure Report. However, an NBS classification of "Better" or "Best" will likely be achieved.
Target 6: Annual expenditure providing DAC Benefits. If none, discuss considerations explored and reasons to not include.
This assessment will be provided in a future Annual Progress/Expenditure Report.
If applicable: Status of Institute for Sustainable Infrastructure (ISI) Verification
Not applicable as the project has not yet been implemented.
SCW Program Annual Plan 2025-2026: Description of Projects
PROJECT 2: Operation and Maintenance of the East Los Angeles Sustainable Median Stormwater Capture Project
BUDGET: $36,000
DESCRIPTION: The City implemented this regional project in partnership with the County of Los Angeles and the City of Monterey Park. The project repurposed large medians into infiltration BMPs by diverting urban and stormwater runoff to drywells and creating community recreational spaces.
Description of SCW Program Goals Achieved
Goal 1: Improve water quality and contribute to attainment of water -quality requirements.
This project will implement drywells (infiltration BMPs) and will contribute to the attainment of water -quality requirements, such as the Los Angeles River Bacteria and Metals TMDLs.
Goal 2: Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.
The project will increase drought preparedness by capturing and infiltrating both stormwater and urban runoff to drywells and incorporating pervious walkways, drought tolerant landscape, and a water -efficient irrigation system into the site design. It is expected that the project will capture approximately 228 ac-ft of stormwater per year that will recharge Central Basin.
Goal 3: Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.
The project will improve public health through the capture and infiltration of stormwater and urban runoff by diverting the runoff to BMPs. This will also reduce flood risks.
Additionally, the large medians will be converted to recreational areas that the community can enjoy, to include park space, benches and picnic tables, walkways/jogging paths, exercise equipment, and education signage. Furthermore, the project will help the community mitigate and adapt to the effects of climate change by planting over 270,000 sf of landscaping, including drought tolerant vegetation and over 300 trees, thereby increasing shade and green space, reducing heat island effect, increasing carbon reduction/sequestration, and improving air quality.
Goal 4: Leverage other funding sources to maximize SCW Program Goals.
Other funds that have been leveraged include funding through the California Urban Greening Grant Program, Proposition 50 Clean Beaches Program, and Proposition 1 Stormwater Implementation Grant Program.
Goal 5: Invest in infrastructure that provides multiple benefits.
See responses to Goals 1, 2, and 3.
Goal 6: Prioritize Nature-Based Solutions.
The project will incorporate bioswales and revegetation using drought tolerant plants and native trees. Over 270,000 sf of landscaping and 300 trees will be planted.
Goal 7: Provide a spectrum of project sizes from neighborhood to regional scales.
This is a regional project.
Goal 8: Encourage innovation and adoption of new technologies and practices.
The project will incorporate drywells and water-wise landscaping and irrigation practices.
Goal 9: Provide DAC Benefits, including Regional Program infrastructure investments, not <110% of the ratio of the DAC population to the total population in each Watershed Area.
This project will provide new recreational and educational opportunities to DAC in East Los Angeles in an area that is currently an unused public right-of-way.
Goal 10: Provide Regional Program infrastructure funds benefitting each Municipality in proportion to the funds generated within their jurisdiction, after accounting for allocation of the 110% return to DACs, to the extent feasible.
This is achieved through funding by the Regional Program.
Goal 11: Implement an iterative planning and evaluation process to ensure adaptive management.
Implementation of the project will allow for an iterative planning and evaluation process, especially for O&M procedures, and also incorporating the knowledge and experience to future similar projects.
Goal 12: Promote green jobs and career pathways.
The project requires a skilled workforce to ensure proper design, installation, operations and maintenance, and recordkeeping/reporting of all project components.
Goal 13: Ensure ongoing operations and maintenance for Projects.
The project will require ongoing operations and maintenance, including routine inspections to identify any necessary repair issues and maintenance of the BMPs. This will be overseen by the County of Los Angeles.
Qualitative Targets and Corresponding Metrics
Targets 1-3:
Annual volume of stormwater captured and 1) treated, 2) reused, or 3) recharged to a managed aquifer.
232 ac-ft of stormwater will be captured and infiltrated in an average rainfall year. The infiltrated water will recharge Central Basin.
Target 4: Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
See response to Goal 3 above.
Target 5: Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best). If none, discuss considerations explored and reasons to not include.
This assessment will be provided in the Annual Progress/Expenditure Report. However, an NBS classification of "Better" or "Best" will likely be achieved.
Target 6: Annual expenditure providing DAC Benefits. If none, discuss considerations explored and reasons to not include.
This assessment will be provided in a future Annual Progress/Expenditure Report.
If applicable: Status of Institute for Sustainable Infrastructure (ISI) Verification
Not applicable as the project has not yet been implemented.
SCW Program Annual Plan 2025-2026: Description of Projects
PROJECT 3: Citywide Catch Basin CPS Inserts Installation Project – CP 931
BUDGET: $ 516,298
DESCRIPTION:
The City, in coordination with an environmental consultant, inspected and inventoried both the City’s catch basins and Los Angeles County’s catch basins in preparation of future work to measure, fabricate and install Connector Pipe Screen (CPS) and Automat ic Retractable Screens (ARS) units. The United States Environmental Protection Agency for Region 9 (EPA) and Los Angeles Regional Water Quality Control Board (LARWQCB) staff members require the City to complete the remaining fabrication and installation of CPS and ARS units on Los Angeles County Department of Public Works (LACDPW) catch basins. ARS units prevent trash and debris from entering a catch basin during dry weather and moderate storm flows by keeping the trash and debris in the street gutter for collection by street sweepers. CPS unit prevents trash and debris from enteri ng the storm drain system during dry weather and moderate storm flows by keeping the trash and debris inside the catch basin. Trash excluders are the preferred structural method to meet the Total Maximum Daily Loads ( TMDL) requirements as set forth by the LARWQCB.
Description of SCW Program Goals Achieved
Goal 1: Improve water quality and contribute to attainment of water -quality requirements.
This project consists of purchasing and installing trash capture devices in catch basins.
The devices will be connector pipe screens certified as full trash capture by the State Water Board. The devices will be installed in high priority land uses as defined by the Statewide Trash Provisions (industrial, commercial, high density residential, mixed use, and transportation).
Goal 2: Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.
ARS units prevent trash and debris from entering a catch basin during dry weather and moderate storm flows by keeping the trash and debris in the street gutter for collection by street sweepers. CPS unit prevents trash and debris from entering the storm drain system during dry weather and moderate storm flows by keeping the trash and debris inside the catch basin. Trash excluders are the preferred structural method to meet the TMDL requirements as set forth by the LARWQCB.
Goal 3: Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.
See response to Goal 2.
Goal 4: Leverage other funding sources to maximize SCW Program Goals.
This program is partially funded by Measure W funds, though the City pays a majority of the cost associated with this program.
Goal 5: Invest in infrastructure that provides multiple benefits.
See response to Goal 2.
Goal 6: Provide a spectrum of project sizes from neighborhood to regional scales.
This is a regional project.
Goal 7: Encourage innovation and adoption of new technologies and practices.
The project will incorporate ARS units and CPS units to prevent trash and debris from entering a catch basin during dry weather and moderate storm flows.
Goal 8: Provide Regional Program infrastructure funds benefitting each Municipality in proportion to the funds generated within their jurisdiction, after accounting for allocation of the 110% return to DACs, to the extent feasible.
This is achieved through funding by the Regional Program.
Goal 9: Implement an iterative planning and evaluation process to ensure adaptive management.
Implementation of the project will allow the City to meet the TMDL requirements
Goal 10: Promote green jobs and career pathways.
The project requires a skilled workforce to ensure proper design, installation, operations and maintenance, and recordkeeping/reporting of all project components.
Goal 11: Ensure ongoing operations and maintenance for Projects.
The project will require ongoing operations and maintenance.
SCW Program Annual Plan 2025-2026: Description of Programs
PROGRAM 1: CWE - Stormwater and Urban Runoff Monitoring and Reporting
BUDGET: $200,000
DESCRIPTION: This program is implemented to assess the City's compliance with water quality requirements and measure/improve the effectiveness of implementation of the Municipal National Pollutant Discharge Elimination System (NPDES)/ Municipal Separate Storm Sewer System (MS4), Watershed Management Programs ( WMP), and SCW Programs. In terms of monitoring, this includes implementation of receiving water monitoring, outfall monitoring, and outfall screening under the Coordinated Integrated Monitoring Progra m. In terms of reporting, this includes the NPDES Individual Annual Reports and Watershed Annual Reports, WMP Adaptive
Management Reports, WMP updates, TMDL Compliance Reports, and Reports of Waste Discharge.
Discussion of SCW Program Goals Achieved
Goal 1: Improve water quality and contribute to attainment of water -quality requirements.
The program is implemented to evaluate water quality and the City's progress toward attaining water quality requirements. The program is utilized to inform decision-making in the interest of improving water quality. In addition, includes administering the WMP and Municipal NPDES Program and MS4 compliance, which both support this particular goal.
Goal 2: Implement an iterative planning and evaluation process to ensure adaptive management.
The program is iterative as monitoring and reporting is conducted (and required) on an established, regular basis, ensuring that implemented pollutant controls are routinely assessed, improved, and adaptively managed.
Goal 3: Promote green jobs and career pathways.
The program requires a skilled workforce to conduct monitoring and compile, assess, and summarize water quality data.
Qualitative Targets and Corresponding Metrics
Targets 1-3: Annual volume of stormwater captured and 1) treated, 2) reused, or 3) recharged to a managed aquifer.
Not applicable as this is a monitoring and reporting program.
Target 4: Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
Not applicable as this is a monitoring and reporting program.
Target 5: Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best). If none, discuss considerations explored and reasons to not include.
Not applicable as this is a monitoring and reporting program.
Target 6: Annual expenditure providing DAC Benefits. If none, discuss considerations explored and reasons to not include.
Not applicable as this is a monitoring and reporting program.
SCW Program Annual Plan 2025-2026: Description of Programs
PROGRAM 2: Water Quality Programs Administration and Coordination
BUDGET: $55,000
DESCRIPTION: This program is to administer the City's surface water quality programs, including the Safe Clean Water (SCW) Program, Watershed Management Program (WMP), and the Municipal
NPDES Program. Tasks include overseeing and assuring quality of planning, funding, and implementation activities, holding and participating in interagency program meetings, providing program summary reports and technical assistance, preparing comment letters, and engaging with program stakeholders.
Discussion of SCW Program Goals Achieved
Goal 1: Improve water quality and contribute to attainment of water -quality requirements.
This program is to, in part, administer the City's SCW Program, which includes the achievement of SCW Program goals. This program also includes administering the WMP and Municipal NPDES Program, which both support this particular goal.
Goal 2: Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.
See response to Goal 1.
Goal 3: Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.
This program is to, in part, administer the City's SCW Program, which includes the achievement of SCW Program goals.
Goal 4: Leverage other funding sources to maximize SCW Program Goals.
See response to Goal 3.
Goal 5: Invest in infrastructure that provides multiple benefits.
See response to Goal 3.
Goal 6: Prioritize Nature-Based Solutions.
See response to Goal 3.
Goal 7: Provide a spectrum of project sizes from neighborhood to regional scales.
This program is to, in part, administer the City's SCW Program, which includes the achievement of SCW Program goals. This program also includes administering the WMP, which supports this particular goal.
Goal 8: Encourage innovation and adoption of new technologies and practices.
See response to Goal 3.
Goal 9: Invest in independent scientific research.
See response to Goal 3.
Goal 10: Provide DAC Benefits, including Regional Program infrastructure investments, not <110% of the ratio of the DAC population to the total population in each Watershed Area.
See response to Goal 3.
Goal 11: Provide Regional Program infrastructure funds benefitting each Municipality in proportion to the funds generated within their jurisdiction, after accounting for allocation of the 110% return to DACs, to the extent feasible.
See response to Goal 3.
Goal 12: Implement an iterative planning and evaluation process to ensure adaptive management.
See response to Goal 7.
Goal 13: Ensure ongoing operations and maintenance for Projects.
See response to Goal 1.
Goal 14: Ensure ongoing operations and maintenance for Projects.
See response to Goal 1.
Qualitative Targets and Corresponding Metrics
Project and program specific targets will be included in individual SCW funding requests for those projects.
ITEM # 12
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: David Sosnowski, Director of Recreation and Community Services
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT NO. 4182 WITH ZENCITY FOR SOCIAL
MEDIA MONITORING AND ANALYSIS
DATE: March 12, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize the City Manager to execute Professional Services Agreement No. 4182 with ZenCity in an amount not-to-exceed Forty-Nine Thousand Dollars ($49,000) annually for three (3) years with two (2) one-year renewal options for social media monitoring and analysis; and
2. Authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The total not-to-exceed annual cost for ZenCity services under the proposed agreement (Attachment A) is $49,000 annually for a three (3) year term, for a total not-to-exceed amount of $147,000 over the three year term.
The awarded agreement will be managed by the Public Affairs Division ("Division") and funded within the Division's budget. The Fiscal Year 2024-25 budget includes funding for the first year expense of the proposed agreement, and subsequent budget requests will incorporate appropriate funding. Therefore, no budget amendment is required as part of the recommended actions.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
BACKGROUND/DISCUSSION:
The City of Montebello is committed to leveraging technology to improve the delivery of services and enhance the overall experience for residents. In 2024, the City's social media platforms gained 14,662 new followers (total of 44,245) and received more than 517,844 engagements. The City's website, www.montebelloca.gov, saw nearly 500,000 views and received more than 300,000 engagements, and the "My Montebello" app received approximately 9,250 requests for service.
With an increasing demand for community engagement through social media, there is a need for the City to invest in innovative solutions that meet the evolving expectations of the community. The ZenCity platform is uniquely tailored to municipal needs and ensures local governments can easily hear and understand real-time needs and priorities of community members. Unlike traditional survey tools, generic data analytics services or sole-source media contact scheduling platforms, ZenCity aggregates and analyzes resident feedback from multiple sources including social media, city hotlines, and city surveys. Additionally, ZenCity provides City staff the ability to schedule social media content across all city-used platforms, including platforms that other vendors do not provide the ability to whic to post directly.
The City originally entered into an agreement with ZenCity in 2020 which will be reaching the end of its five (5) year allowable term. Staff have been extremely satisfied with the services provided by Zencity and wish to enter into a new agreement. The new proposed agreement with ZenCity adds additional services and allows the City to transition to utilizing one vendor for social media community engagement purposes. ZenCity provides comprehensive services that include generating social media analytic reports, viewing real-time insights, publication to social media platforms in one place, and the ability to create, publish, and gather input through community surveys -- such as the annual budget survey. In previous years, the City contracted with multiple vendors to perform these services. The City now desires to enter into a new three (3) year term agreement with the option for two (2) one-year renewals with Zencity.
ZenCity offers unique services that seamlessly integrate into the City's existing social media system. Currently, there are no other vendors that have the ability to provide all the services of ZenCity in one platform. Pursuant to Montebello Municipal Code (MMC) § 3.21.025(B)), ZenCity services qualify as a sole source procurement based on the justifications outlined in the Sole Source Declaration. Specifically, ZenCity offers patented data analytics, artificial intelligence-driven insights, social media post scheduling, survey services, and other resources that are exclusively available from the company. Furthermore, a market survey conducted by the Public Affairs Division has determined that no other vendors can meet all the required specifications for these services in an all-in-one platform, further supporting the sole source designation. Given these factors, the procurement of ZenCity's services aligns with the exceptions allowed under the City's procurement policies in MMC 3.21.025(B).
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 12, 2025
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
It is recommended that the City Council authorize the City Manager to execute Professional Services Agreement No. 4182 to ZenCity in an amount not-to-exceed Forty Nine Thousand Dollars ($49,000) annually for three (3) years with two (2) one-year renewal options for community engagement services; and authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and take such additional, related action that may be desirable.
ATTACHMENT(S)
1. Attachment A - Draft Agreement No. 4182 in Substantial Form
2. Attachment B - Sole Source Declaration
ATTACHMENT A
CITY OF MONTEBELLO
INFORMATION AND TECHNOLOGY SERVICES AGREEMENT NO. 4182
WITH ZENCITY TECHNOLOGIES US INC.
THIS INFORMATION AND TECHNOLOGY SERVICES AGREEMENT
(“Agreement”) is made and entered into on March 12, 2025 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation ( the “CITY”) and Zencity Technologies US Inc. (the “CONTRACTOR”). The CITY and the CONTACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY and the CONTRACTOR entered into a license agreement effective April 1, 2020 (the “License Agreement”); and
WHEREAS, the Parties agreed to an addendum to the License Agreement which extended the term of the License Agreement to April 1, 2025; and
WHEREAS, the CITY continues to desire to retain a qualified professional contractor to provide data collection and analysis technology services in the CITY; and
WHEREAS, the CONTRACTOR represents that it remains fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, upon the expiration of the License Agreement, the CITY and CONTRACTOR mutually agree to enter into a new contract effective April 1, 2025 , for information and technology services; 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 any and all addenda or supplemental agreements.
2. CONTRACTOR’s Proposal
3. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
PROFESSIONAL SERVICES AGREEMENT NO. 4182
c. To avoid all doubt, as of April 1, 2025, the License Agreement shall have no further force or effect and is not incorporated into the terms of this Agreement.
SECTION 2. SERVICES / COMPENSATION.
a. All terms, conditions, requirements, and provisions of the Contract Documents are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
b. The CONTRACTOR shall provide to the CITY all labor, equipment, materials and incidental necessary to provide the services as set forth fully in CONTRACTOR’s Proposal, as such is set forth fully in Exhibit “A ” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
c. The CONTRACTOR shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation of Exhibit “A” and incorporated fully herein by this reference (“Compensation”). The CONTRACTOR shall no t 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 the Effective Date of this Agreement and shall expire when the services are completed, but no later than 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.
SECTION 4. PERFORMANCE.
a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.
b. The CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.
c. The CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONTRACTOR shall have the right to retain, subject to the CITY's approval, additional individuals, contractors or sub contractors to assist in the completion of services as herein defined. Compensation for additional individuals, contractors or subcontractors shall be the sole and exclusive responsibility of the CONTRACTOR.
e. The CONTACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the
PROFESSIONAL SERVICES AGREEMENT NO. 4182
services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney -client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. COPYRIGHT/TRADEMARK/PATENT.
a. If any Services or any item used by CONTRACTOR to provide the Services violate or infringe upon the rights of any third party, including any patent rights, copyright rights, trademark rights, trade secret rights, or other proprietary rights of any kind, CITY may seek the remedies set forth in this Section 5. CONTRACTOR is and shall be (a) either the owner of, or authorized to use, the software and related material used in connection with the Services, which is not otherwise owned by District, and (b) sufficiently authorized to grant to District the rights, title, interest and/or ownership in and to materials, information, documentation, or other deliverables developed by CONTRACTOR for CITY as part of the Services.
CONTRACTOR will use commercially reasonable efforts to perform its responsibilities under this Agreement in a manner that does not infringe, or constitute an infringement or misappropriation of, the patent, copyright, trademark, trade secret or other proprietary rights of a third party.
b. If a third party claims that the Services or any item used by CONTRACTOR to provide the Services infringes that party’s patent rights, copyright rights, trademark rights, trade secret rights, or other proprietary rights of any kind, CONTRACTOR shall defend CITY, its officers, officials, employees, agents, designated volunteers, and CITY’s elected officials from any and all damages, costs and expenses, including attorneys’ fees, arising out of or related to that claim, and pay all costs, damages, and attorney’s fees that a court finally awards or that are included in a settlement approved by CONTRACTOR, provided that CITY: (i) notify CONTRACTOR in writing of the claim; and (ii) allow CITY to control, as determined in its sole discretion, and reasonably cooperate with CONTRACTOR in, the defense and any related settlement negotiations.
c. If a claim under this Section 5 is made or appears likely to be made, or if any item used by CONTRACTOR to provide the Services becomes, or in CONTRACTOR’s reasonable opinion is likely to become, the subject of an infringement or misappropriation claim or proceeding, CONTRACTOR shall, at its option: (i) replace the same without additional charge, by compatible, functionally equivalent and non -infringing product(s); and/or (ii) modify such product, or component or part thereof, to avoid the claim or infringement and retain materially similar functionality; and/or (iii) obtain license(s) for CITY to continue use of such product, or component or part thereof, at no additional cost to the CITY . If CONTRACTOR determines that none of these alternatives is reasonably available, the CITY agrees to return the product to CONTRACTOR on CONTRACTOR’s written request, and CONTRACTOR shall return all amounts paid under this Agreement to the CITY within thirty (30) calendar days after CONTRACTOR’s knowledge of claim or potential claim for the applicable product or components or parts thereof, affected by loss of the applicable product.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement unless such extra services first shall have
PROFESSIONAL SERVICES AGREEMENT NO. 4182
been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY ’s agent with respect to obtaining the CONTRACTOR compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) calendar 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) calendar days cease and terminate.
Violations by the CONTRACTOR which cannot be corrected within ten (10) calendar days, said contract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten ( 30) calendar days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non-refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that the CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONTRACTOR during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
PROFESSIONAL SERVICES AGREEMENT NO. 4182
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the CONTRACTOR.
SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subcontractors for injury or sickness arising out of performing services hereunder.
b. The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to the CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 12. RESERVED.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONTRACTOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
PROFESSIONAL SERVICES AGREEMENT NO. 4182
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products -completed operations, personal injury, and advertising injury, with limits no les s than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Li ability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Cyber/Privacy/Information Technology insurance with limits not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate, including coverage f or costs of third-party notification, credit monitoring, and fraud protection.
b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
c. The CONTACTOR shall require each of its sub contractors, 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) calendar days’ prior written notice (ten [10] days for non -payment) has been given to the C ITY. The CONTACTOR 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 CONTACTOR’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The CONTACTOR shall provide to the C ITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
PROFESSIONAL SERVICES AGREEMENT NO. 4182
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non -renewed, or materially changed for any reason, without thirty (30) calendar 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) calendar 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 CONTACTOR 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 CONTACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
h. The CONTACTOR 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 cyber 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 CONTACTOR 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 CONTACTOR 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 CONTACTOR’s insurance and shall not contribute with it.
k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTACTOR, and CONTACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTACTOR hereby waives all rights of subrogation against the CITY.
l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONTACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to the CITY, or the CONTACTOR shall procure a bond guaranteeing payment of losses and expenses.
m. Procurement of insurance by the CONTACTOR shall not be construed as a limitation of the CONTACTOR’s liability or as f ull performance of CONTACTOR’s
PROFESSIONAL SERVICES AGREEMENT NO. 4182
duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONTACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed subcontractor, 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 CONTACTOR and shall not bind or purport to bind the CITY and shall not release the CONTACTOR 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 subcontractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTACTOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
PROFESSIONAL SERVICES AGREEMENT NO. 4182
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage
PROFESSIONAL SERVICES AGREEMENT NO. 4182
prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – Public Affairs Divison Attn: David Sosnowski, Director of Recreation
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-4540
Email: [email protected]
If to CONTACTOR: ZenCity Technologies US Inc.
Attn: Eyal Feder, CEO
1313 N Market St., Suite 2100
Wilmington, DE 19801
An electronic communication (“ Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.
Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, the CONTACTOR shall not discriminate against any employee, subcontractor, 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 CONTACTOR will take affirmative action to ensure that subcontractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONTACTOR 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 CONTACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONTACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONTACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
PROFESSIONAL SERVICES AGREEMENT NO. 4182
The CONTACTOR 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 CONTACTOR. The CONTACTOR’s covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the CONTACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modi fications 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. 4182
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
(“CITY”) (“CONTACTOR”)
CITY OF MONTEBELLO Zencity Technologies US Inc.
Raul Alvarez, City Manager Eyal Feder, CEO
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Contractor’s Proposal
EXHIBIT “A”
Contractor’s Proposal
Proposal
For:
Montebello,
CA
Proposal
Expiration:
04-01-2025
ZENCITY
ORDER
FORM
ADDENDUM
This
Addendum
(the
"Addendum"
)
to
Order
Form
by
and
between
Montebello
(
"Customer"
)
and
Zencity
Technologies
US
Inc.
("Zencity"),
dated
as
of
4-1-2020
(the
”Order
Form"
)
is
entered
into
as
of
4-1-2025
(the
"Addendum
Date"
).
All
capitalized
terms
not
defined
herein
shall
have
the
meaning
ascribed
to
such
terms
in
the
Order
Form.
Whereas
,
the
Parties
wish
to
amend
certain
terms
of
the
Order
Form
as
set
forth
herein;
Now,
therefore,
the
Parties
hereto
agree
to
amend
the
terms
of
the
Order
Form
as
set
forth
below.
1. Term
.
The
term
of
the
Order
Form
is
hereby
extended
for
a
36 Months
period
commencing
as
of
4-1-2025
and
ending
on
4-1-2028
(the
"Renewal
Term").
2. Recurring
Fees
.
[During
the
Renewal
Term]
The
Recurring
Fees
table
included
in
the
Order
Form
shall
be
amended
and
replaced
in
its
entirety
as
follows:
SKU
Item
Name
Description
Term
Yearly
Discounted
Price
Term
Discounted
Price
ZC-
ECI
Zencity
360
Essentials
-
Standard
Community
Engagement
SaaS
Platform
for
cities
with
up
to
100K
residents.
Organic
-
Processing
organic
feedback
on
various
channels,
including:
●
Unlimited
full
track
of
official
sources
and
limited
coverage
of
leading
unofficial
channels
(40
unofficial
sources)
●
Unlimited
automated
anomaly
highlights,
automated
reports,
digests
and
media
mentions.
●
Limited
projects
[10]
●
Publishing
and
scheduling
to
social
media
accounts
and
collecting
engagement
analytics
on
official
(agency
operated)
social
media
channels
Pulse Survey - One ad-hoc online survey for generating quick results on timely issues. Zencity handles distribution, with guaranteed representative results. ● One citywide/countywide sampling area (no geographic breakdown) ● One full executive summary report ● Online dashboard, including responses, feed, and performance scores ● Unlimited translations of questions and responses for language spoken by up to 5% of the population and up to 3 more languages that are spoken by less than 5% of the population Engage
-
Community
engagement
collaboration
and
input
interface:
●
One
Engage
domain
with
3 simultaneous
active
engagement
projects
●
Engagement
surveys
with
contextual
content
and
15 question
types,
including
mapping
●
Templated,
pre-vetted
polls
on
popular
topics
●
Auto-moderated
discussion
threads
●
Automatic
translation
to
40 languages
Experience surveys - questionnaire designed to immediately collect feedback on non-emergency services provided by the city
36 months
$36,000
$108,000
ZC-
ENG
Zencity
Engage
Pro
Upgrade
to:
●
Unlimited
projects
in
the
community
engagement
interface
to
share
essential
project
context
and
invite
resident
collaboration
and
input.
●
Includes
participatory
budgeting
public
ideation
boards
$18,000
$13,000
$39,000
ZC-
CSQ
Zencity
Organic
Pro
Upgrade
to:
●
Additional
insights
(total
of
4 per
year)
●
Unlimited
data
sources
managed
by
Zencity
●
Unlimited
projects
of
organic
feedback
from
channels
throughout
the
client’s
community
and
translating
that
data
into
quickly
digestible
analysis
and
personalized
insights,
as
well
as
Publishing
and
scheduling
to
social
media
accounts
and
collecting
engagement
analytics
on
official
(agency
operated)
social
media
channels
$36,000
FREE
FREE
Total
Billed
Yearly
$49,000
Total
Billed
Per
Term
(3
Years)
$147,000
3. General.
This
Addendum
shall
form
an
integral
part
of
the
Order
Form.
Unless
expressly
specified
herein,
all
other
provisions,
terms
and
conditions
in
the
Order
Form
shall
apply
and
shall
remain
in
full
force
and
effect.
In
case
of
any
contradiction
or
discrepancy
between
the
terms
of
this
Addendum
to
those
of
the
Order
Form,
with
respect
to
matters
described
herein,
the
terms
of
this
Addendum
shall
prevail.
In
witness
whereof,
the
parties
have
executed
this
Addendum,
effective
as
of
the
Addendum
Date.
__________________________________
____________________________________
Zencity
Customer
Appendix A Zencity Terms and Conditions 1. SOFTWARE LICENSE & SUPPORT SERVICES 1.1. Subject to the terms and conditions of these Zencity Terms and Conditions and of the applicable Order Form (collectively,
the
"
Agreement
"),
Zencity
hereby
grants
to
Customer
a
personal,
non-exclusive,
non-transferable
limited
license
to
use
the
products
and
services
licensed
by
Zencity
to
Customer
(the
“
Licensed
Program
”)
identified
in
the
applicable
Order
Form
entered
into
by
Zencity
and
Customer
and
the
documentation
and
user
manuals
for
the
Licensed
Program
supplied
by
Zencity
to
Customer
throughout
the
Term
(the
"
Documentation
").
For the purposes of this Section 1.1, the term "use" shall be only in accordance with the confidentiality provisions of
this
Agreement
and
shall
include
the
rights
to
use
the
Licensed
Program
only
for
the
use
of
the
Customer's
organization,
company
or
institution.
For the purposes of this Section 1.1 the term "use" shall not include: (i) the right to make, use, or sell products incorporating
the
Licensed
Program,
or
(ii)
the
right
to
sub-license
the
Licensed
Program.
No right is granted to the source code of the Licensed Program or to create derivative works thereof or to transfer ownership
of
the
media
containing
such
software
except
as
a
part
of,
or
with,
or
for
use
in
the
equipment
with
which
it
operates.
1.2. Routine customer support is available via email. Any claim will be answered within 24 hours of the report. On or before
the
Effective
Date,
Customer
and
Zencity
shall
each
designate
a
liaison
as
a
respective
point
of
contact
for
technical
issues.
Each
party
may
change
such
liaison
upon
written
notice
from
time
to
time
at
reasonable
intervals.
Zencity
will
not
be
obligated
to
provide
support
to
any
person
other
than
the
Customer's
designated
liaison.
1.3. During the Term, Customer may have access to Updates upon request at no additional cost. " Updates " shall mean
certain
new
features
as
determined
by
Zencity,
or
fixes
of
minor
errors
in
the
Licensed
Program
which
are
incorporated
in
a
new
release
of
the
Licensed
Program.
1.4. Certain upgrades can be delivered to Customer upon commercial terms and conditions to be agreed upon. "
Upgrades
"
shall
mean
enhancements,
new
functionalities
that
are
added
into
the
Licensed
Program.
2. RESTRICTIONS AND RESPONSIBILITIES 2.1. Customer agrees not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover
the
source
code,
object
code,
or
underlying
structure,
ideas,
or
algorithms
of
the
Licensed
Program,
Documentation
or
data
related
to
the
Licensed
Program,
except
to
the
extent
such
a
restriction
is
limited
by
applicable
law;
modify,
translate,
or
create
derivative
works
based
on
the
Licensed
Program;
or
copy,
reproduce,
rent,
lease,
distribute,
assign,
sell,
or
otherwise
dispose
of
the
Licensed
Program,
in
whole
or
in
part,
or
otherwise
commercially
exploit,
transfer,
or
encumber
rights
to
the
Licensed
Program;
or
remove
any
proprietary
notices.
2.2. Customer will use the Licensed Program only in compliance with all applicable laws and regulations (including, but
not
limited
to,
any
export
restrictions,
surveillance
and
monitoring
restrictions,
and
any
privacy
and
data
protection
requirements).
2.3. Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect
to,
access,
or
otherwise
use
the
Licensed
Program
and
Customer
shall
also
be
responsible
for
(a)
ensuring
that
such
equipment
is
compatible
with
the
Licensed
Program,
(b)
maintaining
the
security
of
such
equipment,
user
accounts,
passwords
and
files,
and
(c)
for
all
uses
of
Customer
user
accounts
with
or
without
Customer's
knowledge
or
consent.
To
the
extent
Customer
provides
any
Personal
Data
(as
defined
below)
of
personnel
for
registration
purposes,
Customer
represents
and
warrants
that
it
has
any
right,
license,
consent,
and
power
and
it
has
provided
any
notice,
all
as
required
under
applicable
law,
to
provide
Zencity
with
such
Personal
Data
and
will
be
fully
and
solely
responsible
for
providing
only
Personal
Data
of
personnel
related
to
the
Customer.
Zencity
will
handle
such
Personal
Data
in
accordance
with
its
Privacy
Policy
available
at:
https://zencity.io/privacy-policy/.
3. PROPRIETARY RIGHTS. Zencity retains all right, title, and interest in the Licensed Program, Documentation and any future
modifications
and
enhancements
thereof,
and
all
intellectual
property
rights
(including
all
past,
present,
and
future
rights
associated
with
works
of
authorship,
including
exclusive
exploitation
rights,
copyrights,
and
moral
rights, trademark, and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary
rights
in
intellectual
property
of
every
kind
and
nature)
therein.
Customer
is
granted
only
a
limited
right
of
use
to
the
Licensed
Program
and
Documentation
as
set
forth
herein,
which
right
of
use
is
not
coupled
with
an
interest
and
is
revocable
in
accordance
with
the
terms
of
this
Agreement.
4. CONFIDENTIALITY. Each party (the " Receiving Party ") agrees not to disclose (except as permitted herein) any Confidential
Information
of
the
other
party
(the
"
Disclosing
Party
")
without
the
Disclosing
Party's
prior
written
consent.
"
Confidential
Information
"
means
all
confidential
business,
technical,
and
financial
information
of
the
disclosing
party
that
is
marked
as
"Confidential"
or
an
equivalent
designation
or
that
should
reasonably
be
understood
to
be
confidential
given
the
nature
of
the
information
and/or
the
circumstances
surrounding
the
disclosure
(including
the
terms
of
the
applicable
License
Agreement).
Zencity's
Confidential
Information
includes,
without
limitation,
the
software
underlying
the
Licensed
Program
and
all
Documentation.
The
Receiving
Party
agrees:
(i)
to
use
and
disclose
the
Confidential
Information
only
in
connection
with
this
Agreement;
and
(ii)
to
protect
such
Confidential
Information
using
the
measures
that
Receiving
Party
employs
with
respect
to
its
own
Confidential
Information
of
a
similar
nature,
but
in
no
event
with
less
than
reasonable
care.
Receiving
Party
shall,
before
receipt
or
usage
of
such
Confidential
Information
inform
its
personnel
of
Receiving
Party's
confidentiality
obligations
under
this
Agreement.
Notwithstanding
the
foregoing,
Confidential
Information
does
not
include
information
that:
(i)
has
become
publicly
known
through
no
breach
by
the
Receiving
Party;
(ii)
was
rightfully
received
by
the
Receiving
Party
from
a
third
party
without
restriction
on
use
or
disclosure;
or
(iii)
is
independently
developed
by
the
Receiving
Party
without
access
to
such
Confidential
Information.
Notwithstanding
the
above,
the
Receiving
Party
may
disclose
Confidential
Information
to
the
extent
required
by
law
or
court
order,
provided
that
prior
written
notice
of
such
required
disclosure
and
an
opportunity
to
oppose
or
limit
disclosure
is
given
to
the
Disclosing
Party.
5. DATA AND MATERIALS LICENSE. 5.1. Customer grants Zencity a non-exclusive, transferable, perpetual, worldwide, and royalty-free license to use any data
or
information
provided
by
Customer
for
use
in,
by,
or
in
connection
with
the
Licensed
Program,
any
information
collected,
and/or
any
analysis
of
any
such
information
conducted
by
the
Licensed
Program.
5.2. Any content created by Customer and provided to Zencity for use in connection with the Licensed Program or other
services
provided
by
Zencity
("
Customer
Materials
")
shall
be
the
sole
property
of
the
Customer.
Customer
hereby
grants
Zencity
and
its
successors
and
assigns
a
perpetual,
irrevocable,
transferrable,
worldwide,
royalty-free,
fully
paid-up,
and
non-exclusive
license
under
any
of
Customer's
intellectual
property,
moral
or
privacy
rights
to
use,
copy,
distribute,
display,
modify
and
create
derivative
works
of
any
Customer
Materials
for
the
provision
of
the
services
in
accordance
with
the
terms
of
this
Agreement.
The
parties
acknowledge
that
Zencity
does
not
require
any
Personal
Data
to
be
provided
in
order
to
provide
the
Licensed
Program
and
Custome
r
undertakes
that
it
shall
not
provide
Zencity
with
any
Personal
Data
as
part
of
the
Customer
Materials.
To
the
extent
the
Customer
Materials
shall
include
any
Personal
Data
it
shall
be
incidental
and
Customer
shall
be
fully
liable
for
such
Personal
Data
in
accordance
with
the
terms
of
this
Agreement
and
applicable
law.
6. FEES. 6.1. The fees for the Licensed Program (" Fees ") are set forth in the applicable Order Form. Properly submitted invoices
for
which
payment
is
not
received
within
fourteen
(14)
days
of
the
invoice
due
date
shall
accrue
a
late
charge
of
1.5%
interest
per
month,
compounding
annually.
The
Fees
are
exclusive
of
any
applicable
taxes,
which,
if
payable
by
Zencity,
shall
be
billed
to
and
paid
by
Customer,
including
any
bank
fees
related
to
the
Customer's
wire
transfer.
Customer
may
not
withhold
or
set-off
any
amounts
from
the
Fees.
For
the
avoidance
of
doubt,
discounts
or
credits
relating
to
any
term
defined
in
any
Order
Form
shall
apply
to
said
term
only
and
shall
not
carry
over
to
any
Renewal
Term.
7. TERM & TERMINATION 7.1. This Agreement shall commence on the Effective Date and continue for the period of the Licensed Program purchased
pursuant
to
any
applicable
and
outstanding
Order
Form,
including
any
renewal
term,
unless
earlier
terminated
in
accordance
with
this
Section
7. In
the
event
of
any
Renewal
Term,
the
Fees
payable
for
the
Licensed
Program
shall
be
updated
as
specified
in
the
Order
Form.
Either
party
may
terminate
this
Agreement
immediately
by
giving
written
notice
to
the
other
party
if:
(i)
the
other
party
breaches
a
material
provision
of
this
Agreement
and
fails
to
cure
the
breach
within
seven
(7)
days
after
being
given
written
notice
thereof;
or
(ii)
the
other
party
is
judged
bankrupt
or
insolvent,
makes
a
general
assignment
for
the
benefit
of
its
creditors,
a
trustee
or receiver is appointed for such party; or any petition by or on behalf of such party is filed under any bankruptcy
or
similar
laws.
7.2. [The Parties agree that at least 60 days prior to the lapse of the Initial Term or each Renewal Term, they shall negotiate
a
Renewal
Term
in
good
faith]
7.3. Upon termination, Customer will pay in full for the Licensed Program up to and including the effective date of termination.
Upon
any
termination
of
this
Agreement:
(a)
the
license
of
the
Licensed
Program
hereunder
shall
immediately
terminate;
and
(b)
each
party
shall
return
to
the
other
party
or,
at
the
other
party's
option,
destroy
all
Confidential
Information
of
the
other
party
in
its
possession.
7.4. All sections of this Agreement which by their nature should survive termination will survive termination, including,
without
limitation,
accrued
rights
to
payment,
confidentiality
obligations,
warranty
disclaimers,
and
limitations
of
liability.
8. WARRANTY AND DISCLAIMER 8.1. Zencity represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement;
and
(ii)
the
Licensed
Program
shall
perform
in
accordance
with
generally
prevailing
industry
standards.
8.2. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement;
(ii)
it
owns
all
right,
title,
and
interest
in
and
to
all
data,
including
without
limitation,
any
Personal
Data
that
may
be
included
therein,
provided
to
Zencity
(if
any)
for
use
in
connection
with
this
Agreement,
or
possesses
the
necessary
authorization
thereto;
and
(iii)
Zencity's
use
of
such
data
or
materials
including
Customer
Materials
as
contemplated
hereunder
will
not
violate
the
rights
of
any
third
party;
(iv)
it
has
all
right,
license
and
consent
required
to
provide
Zencity
with
the
Customer
Materials,
including
Personal
Data
contained
therein,
if
and
to
the
extent
provided
in
accordance
with
Section
5.2 above;
(v)
the
Customer
Materials
and
Zencity's
use
thereof
in
accordance
with
the
terms
of
this
Agreement
does
not
and
will
not
infringe
upon
any
third
party's
right;
and
(vi)
it
shall
at
all
times
use
the
Licensed
Program
in
compliance
with
applicable
law
.
"
Personal
Data
"
have
the
definition
ascribed
to
it
by
the
General
Data
Protection
Regulation
(EU)
2016/679
of
the
European
Parliament
and
of
the
Council
of
27 April
2016
("
GDPR
"))
or
any
parallel
term
in
the
jurisdi
ction
in
which
the
Licensed
Program
is
being
used.
or:
“
under
the
California
Consumer
Privacy
Act
of
2018,
Cal.
Civ.
Code
§
1798.100
et
seq.
("CCPA"),
or
any
parallel
term
in
the
jurisdiction
in
which
the
Licensed
Program
is
being
used.”
8.3. ZENCITY DOES NOT WARRANT THAT USE OF THE LICENSED PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE;
NOR
DOES
IT
MAKE
ANY
WARRANTY
AS
TO
THE
RESULTS
THAT
MAY
BE
OBTAINED
FROM
USE
OF
THE
LICENSED
PROGRAM.
EXCEPT
AS
SET
FORTH
IN
THIS
SECTION
8,
THE
LICENSED
PROGRAM
IS
PROVIDED
"AS
IS"
AND
ZENCITY
DISCLAIMS
ALL
WARRANTIES,
EXPRESS
OR
IMPLIED,
INCLUDING,
BUT
NOT
LIMITED
TO,
IMPLIED
WARRANTIES
OF
MERCHANTABILITY,
TITLE,
FITNESS
FOR
A
PARTICULAR
PURPOSE,
AND NON-INFRINGEMENT.
ZENCITY
DOES
NOT
WARRANT
THAT
ANY
OR
ALL
FAILURES,
DEFECTS
OR
ERRORS
WILL
BE
CORRECTED,
OR
WARRANT
THAT
THE
FUNCTIONS
CONTAINED
IN
THE
LICENSED
PROGRAM
WILL
MEET
CUSTOMERʼS
REQUIREMENTS.
8.4. To the extent the Licensed Program or any services provided by Zencity hereunder are provided through or in connection
with
any
third-party
services,
Zencity
shall
not
have
any
responsibility
for
any
technical
issues
or
limitations
resulting
from
the
use
of
such
third-party
service,
including
actions
of
Zencity
on
such
third-party
service
taken
on
behalf
of
and
at
the
instruction
of
Customer.
Customer
acknowledges
and
agrees
that
use
of
any
third-party
service
shall
be
in
accordance
with
such
third
party's
terms
and
privacy
policy.
9. LIMITATION OF LIABILITY . NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS,
AND
EMPLOYEES,
SHALL
BE
RESPONSIBLE
OR
LIABLE
WITH
RESPECT
TO
ANY
SUBJECT
MATTER
OF
THIS
AGREEMENT
OR
RELATED
TERMS
AND
CONDITIONS
UNDER
ANY
CONTRACT,
NEGLIGENCE,
STRICT
LIABILITY,
OR
OTHER
THEORY:
(A)
FOR
ERROR
OR
INTERRUPTION
OF
USE
OR
FOR
LOSS
OR
INACCURACY
OF
DATA
(EXCEPT
AS
OTHERWISE
SET
FORTH
IN
SECTIONS
2.3 AND
5.2)
OR
COST
OF
PROCUREMENT
OF
SUBSTITUTE
GOODS
OR
SERVICES
OR
LOSS
OF
BUSINESS;
(B)
FOR
ANY
INDIRECT,
EXEMPLARY,
PUNITIVE,
INCIDENTAL,
SPECIAL,
OR
CONSEQUENTIAL
DAMAGES;
OR
(C)
FOR
ANY
MATTER
BEYOND
SUCH
PARTY'S
REASONABLE
CONTROL,
EVEN
IF
SUCH
PARTY
HAS
BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
LOSS
OR
DAMAGE.
IN
NO
EVENT
SHALL
EITHER
PARTY'S
AGGREGATE,