CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 11, 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
Luis Lopez
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria
June 11, 2025: City Council Meeting Page 2 of 9
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,
June 11, 2025: City Council Meeting Page 3 of 9
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One claim of threatened litigation
2. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiator: Raul Alvarez
Labor Groups: MFA, MFMA, MCEA, MMMA, MSA, MMPA, MEMA, SMART-TD
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - CITY MANAGER
CEREMONIAL ITEMS/PRESENTATIONS
3. PROCLAMATION FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, INTERSEX (LGBTQI+)
PRIDE MONTH
4. PROCLAMATION FOR JUNETEENTH
5. PROCLAMATION FOR SCLERODERMA AWARENESS MONTH
6. FISCAL YEAR 2025-26 PROPOSED CAPITAL IMPROVEMENT PROGRAM (CIP) OVERVIEW
7. PARKS DIVISION PRESENTATION BY THE MONTEBELLO POLICE DEPARTMENT 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.
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The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.
Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
8. RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING CHARGES ANNUAL RATE ADJUSTMENT RECOMMENDATION: It is recommended that the City Council:
1. Conduct a Public Hearing and consider approving the attached Resolution No. 25-44 establishing the updated residential solid waste collection and recycling rate for Fiscal Year 2025-26 (Attachment A) per Agreement No. 4279 between the City of Montebello and Arakelian Enterprises (dba Athens Services); and,
2. Direct staff to forward the Resolution to the Los Angeles County Auditor-Controller to place the revised charges on the property tax rolls; and,
3. Take such additional, related action that may be desirable.
9. PRESENTATION OF STATUS OF VACANCIES AND RECRUITMENT AND RETENTION EFFORTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 3502.3
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a public hearing to present the status of vacancies and recruitment and retention efforts in accordance with Government Code section 3502.3; and
2. Take such additional, related action that may be desirable.
10. ADOPTION OF FIRE HAZARD SEVERITY ZONES (FHSZ) PURSUANT TO GOVERNMENT CODE SECTION 51178
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a first reading and introduction of Ordinance No. 2480 entitled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, DESIGNATING FIRE HAZARD SEVERITY ZONES,” accepting and implementing the updated California Department of Forestry and Fire Protection (CAL FIRE) Local Responsibility Area (LRA) maps for Montebello; and,
2. Take such additional, related action that may be desirable.
REGULAR BUSINESS
11. ADOPT RESOLUTION NO. 25-43 APPROVING THE FISCAL YEAR 2025-26 PROJECT LIST FOR SENATE BILL 1 “THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017” (SB1/RMRA) FUNDED PROJECTS RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-43 approving the Fiscal Year 2025-26 project list for Senate Bill 1, the Road Repair and Accountability Act of 2017 (SB1/RMRA) funded projects; and
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2. Authorize staff to submit the resolution and project list to the California Transportation Commission (CTC); and
3. Take such additional, related action that may be desirable.
12. ACCEPTANCE OF THE RIO HONDO ACCESS IMPROVEMENT PROJECT (LANDSCAPE) (C.P. 924) –
NOTICE OF COMPLETION
RECOMMENDATION: It is recommended that the City Council:
1. Accept the Rio Hondo Access Improvement Project (Landscape) (C.P. 924) as completed by Voltaire Engineering, Inc.; and,
2. Approve the final contract amount with Voltaire Engineering, Inc. for the Project in the amount of $466,827, inclusive of all change orders; and,
3. Approve the Final Total Project Budget (Attachment A); and,
4. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder; and,
5. Authorize the release of the retention payment of $23,341 due to Voltaire Engineering, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and,
6. Take such additional, related action that may be desirable.
13. APPROVE AGREEMENT NO. 4302 WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) ALLOWING THE CITY TO ASSUME MANAGEMENT AND ADMINISTRATION OF THE "OPERATION STAY SAFE" AGREEMENT WITH LA CADA
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to execute Agreement No. 4302 with the San Gabriel Valley Council of Governments (SGVCOG) to assume management and administration of the "Operation Stay Safe" agreement with LA CADA; 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.
14. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 3996 WITH COASTAL
OCCUPATIONAL MEDICAL GROUP (DBA AKESO OCCUPATIONAL HEALTH) FOR PRE-EMPLOYMENT, DRUG AND ALCOHOL TESTING, RETURN-TO-WORK EVALUATIONS, AND WORKERS’ COMPENSATION
SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Professional Services Agreement No. 3996 with Coastal Occupational Medical Group (DBA Akeso Occupational Health); and
2. Authorize the City Manager to execute the amendment, extending the term of the agreement to June 30, 2026; and,
3. Increase the total not-to-exceed amount of the Agreement by $50,000 (to $75,000) for one additional year (Fiscal Year 2025-26); and
4. Increase the not-to-exceed amount by $47,000 for Fiscal Year 2024-25 to process existing invoices for current services; and
5. Take such additional, related action that may be desirable.
15. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4309 WITH LIEBERT CASSIDY WHITMORE (LCW)
FOR CITYWIDE LEGAL SERVICES
RECOMMENDATION: It is recommended that the City Council:
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1. Award Professional Services Agreement No. 4309 with Liebert Cassidy Whitmore (LCW) to provide legal services in labor and employment matters for an initial three (3) year term in an amount not-to exceed $150,000; and
2. Authorize the City Manager to execute the agreement; and
3. Take such additional, related action that may be desirable.
16. APPROVE AMENDMENT NO.1 TO AGREEMENT NO. 4085 WITH BLACK AND WHITE EMERGENCY
VEHICLES, LLC FOR CITY VEHICLE UPFITTING SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Professional Services Agreement No. 4085 with Black and White Emergency Vehicles, LLC for a two-year extension to provide vehicle unfitting services through June 30, 2027; and,
2. Confirm the not-to-exceed amount of $200,000 annually, for Fiscal Years 2025-26 and 2026-27 with the option for the City Manager to authorize an increase of up to $50,000 annually if needed; and,
3. Authorize the City Manager to execute the amendment; and,
4. Take such additional, related action that may be desirable.
17. AUTHORIZATION TO ADOPT PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE DOWNTOWN SEWER REPLACEMENT PROJECT (CP 919) AND AUTHORIZE BID ADVERTISEMENT RECOMMENDATION: It is recommended that the City Council:
1. Adopt construction plans and specifications for CP No. 919 Downtown Sewer Replacement (Project); and
2. Approve Environmental Assessment pursuant to California Environmental Quality Act (CEQA) Guidelines §15282(k) (Other Statutory Exemptions). This exemption allows for installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an existing pipeline as set forth in Section 21080.21 of the Public Resources Code; and
3. Authorize staff to proceed with bid advertisement for construction; and
4. Take such additional, related action that may be desirable.
18. ADOPT RESOLUTION NO. 25-42 ADOPTING THE 2025 SANITARY SEWER MANAGEMENT PLAN AND
AUTHORIZING THE RE-CERTIFICATION WITH THE STATE WATER RESOURCES CONTROL BOARD (SWRCB)
RECOMMENDATION: It is recommended that the City Council:
1. Approve Resolution No. 25-42 adopting the 2025 Sewer System Management Plan; and
2. Authorize the Director of Public Works to re-certify the 2025 Sanitary Sewer Management Plan with the State Water Resources Control Board (SWRCB); and
3. Take such additional, related action that may be desirable.
19. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3999 WITH MARK THOMAS FOR ON-CALL
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 3999 between the City of Montebello and Mark Thomas for a One (1) Year Extension; and
2. Authorize the City Manager to execute the Amendment on behalf of the City; and
3. Take such additional, related action that may be desirable.
20. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4000 WITH H.W. LOCHNER, INC. FOR ON-CALL
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
RECOMMENDATION: It is recommended that the City Council:
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1. Approve Amendment No. 1 to Agreement No. 4000 between the City of Montebello and H.W. Lochner, Inc., formerly known as KOA Corporation, for a One (1) Year Extension; and
2. Authorize the City Manager to execute the Amendment on behalf of the City; and
3. Take such additional, related action that may be desirable.
21. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 3861 WITH GRAPHIC ELECTRIC RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 3861 between the City of Montebello and Graphic Electric for a One (1) Year Extension; and
2. Authorize the City Manager to execute the Amendment on behalf of the City; and
3. Take such additional, related action that may be desirable.
22. APPROVE AMENDMENT NO.2 TO AGREEMENT NO. 3871 WITH JAIRO’S PLUMBING INC. TO PROVIDE
CITYWIDE AS-NEEDED PLUMBING SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 3871 between the City of Montebello and Jairo’s Plumbing Inc. for a One (1) Year Extension to provide citywide as-needed plumbing services; and
2. Authorize the City Manager to execute the Amendment on behalf of the City;
3. Take such additional, related action that may be desirable.
23. ADOPT RESOLUTION NO. 25-39 APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CITY OF MONTEBELLO AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) FOR THE MEASURE R – 20% BUS OPERATION PROGRAM RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-39 approving a Memorandum of Understanding (MOU) between the City of Montebello and the Los Angeles County Metropolitan Transportation Authority (LACMTA) to continue Montebello Bus Lines’ (MBL) participation in the Measure R – 20% Bus Operation Program (BOP) effective July 1, 2025 through June 30, 2035; and
2. Authorize the City Manager to execute the MOU on the City’s behalf; and
3. Take such additional, related, action that may be desirable.
24. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 4105 WITH KAT CONSULTING SERVICES LLC, TO
PROVIDE FEDERAL GRANT WRITING AND CONSULTING SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 4105 with KAT Consulting Services LLC (KAT Consulting), for an additional one-year (1-year) term and increase the total not-to-exceed amount from $49,900 to $69,400, to provide federal grant writing and consulting services for Montebello Bus Lines’ (MBL); and
2. Authorize the City Manager to execute Amendment No. 2 on behalf of the City of Montebello (City); and
3. Take such additional, related, action that may be desirable.
25. APPROVE ISSUING REQUEST FOR PROPOSALS, NO. 25-11 FOR METROLINK RAIL FEEDER SHUTTLE
SERVICE
RECOMMENDATION: It is recommended that the City Council:
1. Approve issuing Request for Proposal (RFP) No. 25- 11 (RFP No. 25-11) for Metrolink Rail Feeder Shuttle Service; and
2. Take such additional, related, action that may be desirable.
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26. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3980 WITH PUN GROUP, LLP FOR FINANCIAL AUDIT
SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 3980 with The Pun Group, LLP; and,
2. Authorize the City Manager to execute the amendment, extending the term of the agreement to June 30, 2027; and,
3. Take such additional, related action that may be desirable.
27. APPROVE AGREEMENT NO. 4338 WITH THE GOVERNOR’S OFFICE OF EMERGENCY SERVICES (CAL OES) FOR TEMPORARY ASSIGNMENT OF VEHICULAR EQUIPMENT – WATER TENDER WT-11 RECOMMENDATION: It is recommended that the City Council:
1. Approve Agreement No. 4338 with the Governor's Office of Emergency Services (Cal OES) and authorize the City Manager to execute all necessary documents to complete the temporary assignment of Water Tender WT-11 to the City's Fire Department; and
2. Take such additional, related action that may be desirable.
28. APPROVE AGREEMENT NO. 4347 BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF MONTEBELLO TO ACCEPT FISCAL YEAR 2025-26 MEASURE A HOMELESS FUNDING RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to execute Agreement No. 4347 (Los Angeles County Agreement HI-2025- 009) with the County of Los Angeles’ Chief Executive Office (CEO) to accept Measure A funding in the amount of $617,727 for Fiscal Year 2025-26; and,
2. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $617,800 in Account No. 261- 85-867-6040.10 (Measure A - LA County Homeless, Fire, Measure A - LA County Homeless, Other Contract Services [expenditures]), and $617,800 in Account No. 261-99-4198.28 (Measure A - LA County Homeless, Miscellaneious Grants - Measure A - LA County Homeless [revenue]); and,
3. Take such additional, related action that may be desirable.
29. APPROVAL OF MINUTES: APRIL 9, 2025, CITY COUNCIL MEETING RECOMMENDATION: It is recommended that the City Council:
1. Approve said Minutes as is.
30. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 25-41 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED JUNE 11, 2025
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-41 approving the Warrant Register dated June 11, 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
June 11, 2025: City Council Meeting Page 9 of 9
1. A reaffirmation of lawful governance, the structural defense of dignity and the elimination of civic dysfunction through principled leadership.
• Danielle Romero, Councilmember
• Georgina Tamayo, Mayor Pro Tem
• Scarlet Peralta, Councilmember
• Salvador Melendez, Mayor
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on June 25, 2025, at 6:00 p.m., which can be livestreamed 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, June 8, 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 # 8
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
Michael Solorza, Director of Finance
SUBJECT: RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING
CHARGES ANNUAL RATE ADJUSTMENT
DATE: June 11, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Conduct a Public Hearing and consider approving the attached Resolution No. 25- 44 establishing the updated residential solid waste collection and recycling rate for Fiscal Year 2025-26 (Attachment A) per Agreement No. 4279 between the City of Montebello and Arakelian Enterprises (dba Athens Services); and,
2. Direct staff to forward the Resolution to the Los Angeles County Auditor-Controller to place the revised charges on the property tax rolls; and,
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Agreement No. 4279 between the City and Arakelian Enterprises (dba Athens Services) dictates the terms and conditions whereby residential refuse and recycling services are provided in the City of Montebello. This agreement took effect February 11, 2025 and was the result of a comprehensive request for proposals process approved by City Council on May 22, 2024 (Request for Proposals No. 24-00, Attachment D). The responses to RFP 24-00 were reviewed and scored and direction was provided by City Council on October 23, 2024 (Attachment E) for the City Manager to negotiate an exclusive franchise for residential solid waste and recycling services with Arakelian Enterprises (dba Athens Services).
As per City Council direction, the City Manager, City Attorney, Public Works Director and
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
the City’s refuse consultant met with Athens’ management team to negotiate the specifics of the new franchise agreement.
Among the services that are included in Agreement No. 4279 are Air Quality Management District (AQMD) compliant vehicles; a rate adjustment tied to changes in the Consumer Price Index for Trash and Garbage Collection; standardized automated cart services for all commodities with at least 75% of collected residential material diverted, recovered, or recycled through the automated cart service; color-coded carts that clearly identify commodities for each cart provided (Black for trash, Green for organics and food, and a new Blue cart for commingled recyclables); unlimited bulky item pickups for residential units with a five-item limit per pickup; the collection of abandoned or illegally discarded bulky item waste throughout the City on regular collection days; Citywide Quarterly cleanups; mulch for use in City-owned and/or maintained facilities, parks or common areas, and a minimum of two residential mulch and composting giveaway opportunities for Montebello residents.
The rates not only include services for solid waste and recycling but also green waste and organics collection, which will incorporate food scraps and food-soiled paper into a combined system which will assist the City in meeting diversion requirements established by the State.
The franchise also includes a sixteen percent (16%) franchise fee paid to the City. The franchise fee will be calculated based on gross receipts. The previous franchise agreement did not have a provision for payment of a franchise fee. This will be a new source of revenue received by the General Fund.
Residents are assessed the monthly refuse rate as part of the annual property tax billing process through the County of Los Angeles. Staff work with the County of Los Angeles through their “direct assessment” process to place the updated rate on the property tax roll every August.
Since Agreement No. 4279 was effective February 11, 2025, the $43.94 per unit per month rate has been effective since then. However, this new rate can only be placed on the tax roll once per year, which allows for collection by the County and remittance of the revenue to the City through the normal property tax collection process. Therefore, the amount due to Athens from February 11 to June 30, 2025 (i.e., the “uncollected differential amount”) must be added to the amount placed on the annual tax roll for Fiscal Year 2025-26. Therefore, the monthly per unit amount that will be collected in Fiscal Year 2025-26 will be $48.30.
Staff recommends reviewing the proposed rate increase (Attachment B) and approving a new residential rate of $48.30 per month for FY 2025-26. This new amount includes the agreed upon monthly rate of $43.94 plus a one-time adjustment for the “uncollected differential amount” (i.e., $4.36). If approved by the City Council, the new rate would be effective July 1, 2025, and Staff will place the new rate on the tax roll through the County of Los Angeles’ “direct assessment” process.
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
BACKGROUND/DISCUSSION:
The previous franchise agreement with Athens Services ended on February 11, 2025.
This resulted in the City having to issue a formal request for proposal on May 22, 2024 for residential solid waste, recycling, and organics collection and processing in order to continue providing essential services to residents and to comply with CalRecycle mandated requirements and State legislative enactments (Attachment D). The results of RFP 24-00 resulted in City Council action on October 23, 2024 directing the City Manager to negotiate an exclusive franchise agreement with Athens Services for residential solid waste and recycling services (Attachment E).
The State of California, through the authority of CalRecycle, regulates the operation of solid waste facilities. It is a core value of CalRecycle to manage and mitigate the impacts of solid waste on public health and safety and the environment by enforcing compliance with regulations and state minimum standards through integrated and consistent permitting, inspection, and enforcement efforts. Additionally, the City is required to comply with the requirements of Senate Bill (SB) 1383, which is the most comprehensive change in solid waste regulations since the inception of AB 939 in 1989.
To comply with SB 1383, the City, through its franchised waste hauler, is required to ensure that all residents recycle their organic waste. Incorporating the new regulations into Agreement No. 4279 was both necessary and timely given that the previous franchise agreement expired on February 11, 2025. The onus is on the City to enforce waste reduction through various means, including, but not limited to, inspections/audits of refuse containers.
Between October, 2024 and February, 2025 Staff and Athens’ management team negotiated the specifics of the new franchise agreement. In addition to including adherence to current State and Federal regulations, expansion of recycling efforts was included (i.e., addition of a “blue cart”) as well as community-oriented services such as continuation of unlimited bulky item pick-up, collection of illegally dumped items within city limits, quarterly cleanups, mulch for City facilities and parks, and at least two residential mulch and composting giveaways.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
The recommended action would set the annual per unit, monthly refuse rate for Fiscal Year 2025-26 (July 1, 2025 through June 30, 2026) at $43.94 plus the “uncollected differential amount” of $4.36, for a total per unit, monthly rate of $48.30. The “uncollected
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
differential amount” of $4.36 (Attachments A and B) represents the differential between the existing Fiscal Year 2024-25 rate and the new rate effective February 11. Staff will work through the County of Los Angeles’ “direct assessment” process to place the per unit, monthly amount on the annual tax roll.
ATTACHMENT(S)
1. ATTACHMENT A - Resolution No. 25-44 - Refuse Rate Assessment Update 06_11_2025
2. ATTACHMENT B - Refuse Rate Adjustment Letter from Athens
3. ATTACHMENT C - Public Hearing Notice-Proof of Publication
4. ATTACHMENT D - Solicitation of Proposals for Solid Waste Services Agenda Item 7, 05_22_2024
5. ATTACHMENT E - Award Franchise for Solid Waste Services Agenda Item 8, 10_23_2024
ATTACHMENT A
RESOLUTION NO. 25-44
A RESOLUTION OF THE CITY OF MONTEBELLO APPROVING A RATE
ADJUSTMENT FOR ATHENS SERVICES FOR THE COLLECTION OF
RESIDENTIAL WASTE FOR FISCAL YEAR 2025-26 AND FUTURE
ADJUSTMENTS CONSISTENT WITH THE FRANCHISE AGREEMENT
(AGREEMENT NO. 4279) BETWEEN THE CITY AND ATHENS
SERVICES
RECITALS
WHEREAS, the City of Montebello (“City”) contracts for residential waste hauling services with Arakelian Enterprises (dba “Athens Services”); and WHEREAS, Agreement No. 668 and Agreement No. 3740 expired effective February 11, 2025 and as such franchise Agreement No. 4279 for the provision of residential waste hauling services by Athens Services was approved by the City Council and terms were negotiated in good faith between the City and Athens Services; and WHEREAS, pursuant to the terms of Agreement No. 4279 (“Agreement”), Athens is entitled to an annual adjustment to the monthly rates to be charged by Athens to residential customers for waste collection services; and WHEREAS, among other things, the Agreement sets the rates to be charged to residential customers, providing for circumstances under which such rates may be increased; and
WHEREAS, per the Agreement, a request for rate adjustment shall not be deemed as action by the City to establish or set rates, but rather the City's approval is solely required to verify the accuracy and appropriateness of the requested adjustment; and WHEREAS, the City Council by approving this resolution intends to confirm Athens’ residential rates for the period of February 11, 2025 through June 30, 2026 and to also confirm adjustment to rates for subsequent years based upon the Consumer Price Index for Trash and Garbage Collection formula consistent with and as set forth in Agreement No. 4279.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1: That pursuant to Agreement No. 4279, the City Council is to review and consider the request submitted by Athens for a rate adjustment for monthly waste service charges for residential customers. On May 23, 2025, Athens submitted a request for approval for a rate adjustment for the period of February 11, 2025 through June 30, 2025 consistent with the terms of the Agreement.
SECTION 2: That Agreement No. 4279 became effective February 11, 2025 and as such the new monthly rate became effective that same date.
RESOLUTION NO. 25-44
SECTION 3: That the annual refuse rate is collected via the County of Los Angeles Direct Assessment (DA) Property Tax process and updates to rates placed on the property tax roll per the Direct Assessment process can only be effected once per year (i.e., August). Therefore, the monthly per customer rate for the period of July 1, 2025 through June 30, 2026 will include the amount due beginning from February 11 through June 30, 2025, herein referred to as the “uncollected differential amount.” SECTION 4: The City Council ratifies the residential solid waste collection fee to be charged by Athens on a monthly basis for each residential customer at the amount of $48.30 per customer per month; which is the new rate per Agreement No. 4279 plus the “uncollected differential amount,” annualized, which accrued from the beginning of the term of the Agreement on February 11, 2025.
SECTION 5: The City Council further confirms the formula for annual rate adjustments for subsequent fiscal years for each residential customer based upon the Consumer Price Index for Trash and Garbage Collection formula consistent with and as set forth in the Agreement.
SECTION 6: That the City Clerk shall certify to the passage and adoption of this resolution and enter into the book of original Resolutions.
SECTION 7: The City Council authorizes the City Clerk to forward this resolution to the Los Angeles County Auditor-Controller for processing this rate adjustment and to be placed upon the tax collection rolls for residential waste customers within the City of Montebello.
APPROVED AND ADOPTED THIS 11TH DAY OF JUNE, 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 )
RESOLUTION NO. 25-44
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 25-44 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 11th day of June 2025 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
P.O. Box 60009, City of Industry, CA 91716
(888) 336-6100
May 23, 2025
City of Montebello
Attn: Michael Solorza
1600 W. Beverly Blvd.
Montebello, CA 90640
Re: Residential Contract Rate for July 1, 2025 through June 30, 2026 Dear Mr. Solorza,
As you know, Arakelian Enterprises, Inc. (dba Athens Services) entered into a new exclusive residential agreement with the City of Montebello effective February 11, 2025. Per the approved Agreement between Athens and the City, the starting customer monthly rate for this new contract is a gross rate of $43.94, effective February 11, 2025.
This letter serves to inform the City that Athens will submit monthly invoices to the city for solid waste & recycling collection services covering the period of July 1, 2025 through June 30, 2026 at the gross customer rate of $43.94. As of the date of this letter, the unit count is 11,920. However, as this is the start of a new contract, Athens is currently auditing all residential unit addresses in the city to verify against the total unit count of 11,920. Upon our final review and auditing of this unit count, Athens will work with city staff to resolve and agree upon any discrepancies in the unit count in order to come up with an agreed upon revised unit count (if a revised count is warranted).
At the completion of the audit process, if the unit count remains the same, Athens will submit monthly invoices to the City at a total amount of $523,764.80 ($43.94 x 11,920 units), covering the service period of July 1, 2025 through June 30, 2026.
If the agreed upon total unit count is revised, Athens will submit monthly invoices to the City at a total amount equal to $43.94 x the revised total unit count, covering the service period of July 1, 2025 through June 30, 2026.
Please feel free to contact me directly at (626) 255-6174 with any questions or to discuss this process. We look forward to continuing to provide exceptional service to the residents of Montebello, and appreciate your assistance through this process.
Sincerely,
Christian Warner
Sr. Vice President of Compliance
Cc: Raul Alvarez, City Manager, City of Montebello
Jeff Camera, President, MCA Consultants
P.O. Box 60009, City of Industry, CA 91716
(888) 336-6100
May 23, 2025
City of Montebello
Attn: Michael Solorza
1600 W. Beverly Blvd.
Montebello, CA 90640
Re: Residential Contract Rate for February 11, 2025 through June 30, 2025 Dear Mr. Solorza,
As you know, Arakelian Enterprises, Inc. (dba Athens Services) entered into a new exclusive residential agreement with the City of Montebello effective February 11, 2025. Per the approved Agreement between Athens and the City, the starting customer monthly rate for this new contract is a gross rate of $43.94, effective February 11, 2025.
This letter serves to confirm the verbal understanding between Athens and the City regarding the calculations, methodology, timing, and process of billing the new rate of $43.94 from the effective date of February 11, 2025 through June 30, 2025, as follows:
1) Athens will continue to bill the City on a separate monthly invoice from February 2025 through June 2025 at the old rate of $32.67 for 11,920 units, totaling $389,426.40 2) While the new agreement states the new rate of $43.94 effective February 11, 2025, Athens has agreed to defer the differential in the two rates ($43.94 vs $32.67, or $11.27) for the period of February 11, 2025 through June 30, 2025. This differential amount will be deferred and billed to the City during the period of July 1, 2025 through June 30, 2026, as follows:
a. February 11th through 28th = $86,366.16 ($11.27 x 11,920 x 64.29%) i. Where 64.29% = 18 days / 28 days in February
b. March = $134,338.40 = ($11.27 x 11,920)
c. April = $134,338.40 = ($11.27 x 11,920)
d. May = $134,338.40 = ($11.27 x 11,920)
e. June = $134,338.40 = ($11.27 x 11,920)
i. Total differential deferred amount = $623,719.76
f. $623,719.76 / 12 months = $51,976.65
3) In summary, Athens will provide a separate monthly invoice to the City for $51,976.65 per month, from July 2025 through June 2026, to capture the total differential deferred amount of $623,719.76.
Please feel free to contact me directly at (626) 255-6174 with any questions or to discuss this process. We look forward to continuing to provide exceptional service to the residents of Montebello, and appreciate your assistance through this process
Sincerely,
Christian Warner
Sr. Vice President of Compliance
Cc: Raul Alvarez, City Manager, City of Montebello
Jeff Camera, President, MCA Consultants
CITY OF MONTEBELLO
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Montebello will hold a Public Hearing in the Council Chamber of the Montebello City Hall, 1600 West Beverly Boulevard, Montebello, California, on Wednesday, June 11, 2025, at 6:00 p.m., or as soon as possible thereafter as the matter can be heard, to consider the following:
A revised and updated City residential refuse collection and curbside recycling program collection rate (collectively the “Rate”). The City will consider the adjustment of the Rate as follows as requested by franchisee and authorized by the Residential Waste Collection Agreement:
• Beginning on July 1, 2025, the monthly Rate for services provided under Agreement 668 between the City and AEI shall be $43.94 per residential customer. • Beginning on July 1, 2025, and on July 1 of each subsequent year until the Termination Date of Agreement 668, the Rate for services shall be adjusted in accordance with the then-latest available Consumer Price Index, as more specifically permitted pursuant to the formula set forth in Section 19 of Agreement 668, as amended.
For those interested in making public comments, you may address the City Council in person during the public comment period or public testimony period for public hearings by attending the Montebello Council Chambers at 1600 W. Beverly Blvd., Montebello, California on Wednesday, June 11, 2025, at 6:00 p.m. In addition, the City has created an email address [email protected] where the public can submit written public comments no later than Wednesday June 11, 2025, at 3:00 p.m. These comments will not be read aloud but will be entered into the record and submitted to all members of the City Council. The email address for City Council meetings can be located on the City’s webpage under the City Clerk tab, https://cityofmontebello.hosted2.civiclive.com/departments/administration/city_clerks_office.
If you challenge the rate adjustment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing.
The proposed resolution and other material are available by contacting the City Clerk’s Office at 323-887-1359.
Dated: May 12, 2025
Date published: May 29, 2025
_______ ______
Kimberly Guillen, Senior Deputy City Clerk
CALIFORNIA NEWSPAPER SERVICE BUREAU
WWA#
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CITY OF MONTEBELLO/CITY CLERK (LEAD)
1600 W. BEVERLY BLVD
MONTEBELLO, CA 90640
HRG NOTICE OF HEARING
Public Hearing Notice - Refuse Rate Assessment - 06.11.2025 05/29/2025
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CITY OF MONTEBELLO
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the City Council
of the City of Montebello will hold a Public
Hearing in the Council Chamber of the
Montebello City Hall, 1600 West Beverly
Boulevard, Montebello, California, on
Wednesday, June 11, 2025, at 6:00 p.m., or as
soon as possible thereafter as the matter can be
heard, to consider the following:
A revised and updated City residential refuse
collection and curbside recycling program
collection rate (collectively the “Rate”). The City
will consider the adjustment of the Rate as
follows as requested by franchisee and
authorized by the Residential Waste Collection
Agreement:
• Beginning on July 1, 2025, the monthly Rate
for services provided under Agreement 668
between the City and AEI shall be $43.94 per
residential customer.
• Beginning on July 1, 2025, and on July 1 of
each subsequent year until the Termination Date
of Agreement 668, the Rate for services shall be
adjusted in accordance with the then-latest
available Consumer Price Index, as more
specifically permitted pursuant to the formula set
forth in Section 19 of Agreement 668, as
amended.
For those interested in making public comments,
you may address the City Council in person
during the public comment period or public
testimony period for public hearings by attending
the Montebello Council Chambers at 1600 W.
Beverly Blvd., Montebello, California on
Wednesday, June 11, 2025, at 6:00 p.m. In
addition, the City has created an email address
[email protected] where the
public can submit written public comments no
later than Wednesday June 11, 2025, at 3:00
p.m. These comments will not be read aloud but will be entered into the record and submitted to all members of the City Council. The email address for City Council meetings can be located on the City's webpage under the City Clerk tab, https://cityofmontebello.hosted2.civiclive.com/dep artments/administration/city_clerks_office. If you challenge the rate adjustment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing. The proposed resolution and other material are available by contacting the City Clerk's Office at 323-887-1359. Dated: May 12, 2025 Date published: May 29, 2025 Kimberly Guillen, Senior Deputy City Clerk 5/29/25 WWA-3926298# MONTEBELLO NEWS
ITEM # 7
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director
SUBJECT: APPROVE SOLICITATION OF PROPOSALS FROM EXISTING
QUALIFIED AND ELIGIBLE CITY OF MONTEBELLO FRANCHISED
SOLID WASTE HAULERS FOR RESIDENTIAL SOLID WASTE AND
RECYCLING SERVICES
DATE: May 22, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Authorize staff to publish a Request for Proposal to obtain residential Solid Waste and Recycling Services; and,
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
At this time, there is no fiscal impact associated with issuing this Request for Proposal for residential solid waste and recycling services. Once proposals are submitted and evaluated, staff will return for agreement approval and a well-defined budget for consideration at a future City Council meeting.
BACKGROUND/DISCUSSION:
The City seeks proposals from existing eligible and qualified franchised solid waste haulers to provide residential waste and recycling services. The selected firm will conduct and provide the services in their proposal under the appropriate tasks as outlined in the Request for Proposal (Attachment A).
Athens Services is the City's current franchised residential refuse hauler. Athens is a local waste collection and recycling company that has provided services in the City of Montebello. Athens provides environmental services through reuse, recycling, and
ATTACHMENT D
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024
composting and diverts valuable resources from landfills. Per the City's franchise contract with Athens, they are responsible for implementing all the requirements set forth by the State Department of Resources, Recyling and Recovery (CalRecycle). CalRecycle regulates the operation of solid waste facilities throughout the State of California. It is a core value of CalRecycle to manage and mitigate the impact of solid waste on public health and safety and the environment by enforcing compliance with regulations and state minimum standards through integrated and consistent permitting, inspection, and enforcement efforts.
Due to the implementation of Senate Bill 1383 (SB 1383), the landscape for how refuse is picked up and disposed of and ultimately reported to the State has become very complex. CalRecycle has posted a "Model Franchise Agreement" as a template that the City must adhere to. A formal RFP will be distributed to existing qualified and eligible City of Montebello franchised solid waste haulers to provide appropriate services related to this program. The following is a tentative schedule:
RFP ISSUED May 23, 2024
REQUEST FOR INFORMATION DEADLINE: 11:00 AM June 20, 2024 RELEASE OF INFORMATION REQUESTED: 5:00 PM July 10, 2024 PROPOSAL DUE DATE/SUBMISSION DEADLINE: 11:00 AM September 3, 2024
TENTATIVE CITY COUNCIL AWARD DATE October 23,
2024
TENTATIVE NOTICE TO PROCEED START DATE - COMMENCE
SERVICES
February 12,
2025 or April
1, 2025
The RFP shall describe the service requested and provide the tasks required by the qualified vendor to submit a proposal. The time and location to submit proposals shall be placed within the RFP. Once proposals are submitted, reviewed and scored, staff will return to the City Council with a recommendation to award.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF MAY 22, 2024
SUMMARY:
Staff recommends that the City Council authorize the City Attorney's office to publish a RFP to obtain services from a qualified and eligible vendor to provide residential solid waste and recycling services.
ATTACHMENT(S)
1. Attachment A - RFP Montebello Residential Solid Waste NEXT STEPS:
N/A
ATTACHMENT A
CITY OF MONTEBELLO
REQUEST FOR PROPOSAL
(RFP No. 24-00)
RESIDENTIAL SOLID WASTE AND
RECYCLING COLLECTION SERVICES
Department of Public Works
Issuance Date: May 25, 2024
Submittal Deadline: September 3, 2024 (Day after Labor Day) Tentative Date to Award Contract at City Council Meeting: October 23, 2024
Table of Contents
INTRODUCTION.............................................................................................................................. 5 CITY OF MONTEBELLO GOALS & OBJECTIVES .......................................................................................................5 OPEN DISCLOSURE OF NONCOFIDENTIAL RFP INFORMATION..............................................................................6 ORGANIZATION OF THE RFP.................................................................................................................................6 SUMMARY OF PROPOSED SERVICES ....................................................................................................................6 PROPOSAL SUBMITTAL DATE AND REVIEW..........................................................................................................7 AWARD................................................................................................................................................................7 AGREEMENT TERM ..............................................................................................................................................7 RFP POINT OF CONTACT.......................................................................................................................................7 NO CONTACT PROVISION.....................................................................................................................................7 DONATIONS AND GIFTS .......................................................................................................................................7 SCHEDULE............................................................................................................................................................8 SECTION 1: CITYINFORMATION/STATISTICS......................................................................... 8
1.1 CENSUS DATA (2020-2023 SELECTED HOUSING CHARACTERISTICS) .........................................................8
1.2 CURRENT SERVICE ACCOUNT DATA..........................................................................................................9
1.3 Residential Sector Service Data................................................................................................................9
1.4 Default Residential Cart Service ............................................................................................................. 10
1.5 Multiple-family Residential Service........................................................................................................ 10
1.6 Disposal Tonnage Data...........................................................................................................................10
1.7 Jurisdiction Diversion/Disposal Rate Detail............................................................................................ 10
1.8 Reported Total Tonnage Collected 2020-2023........................................................................................ 10
1.9 Diversion Rates......................................................................................................................................11
1.10 Current Collection Rates.........................................................................................................................11
1.11 Billing Procedures..................................................................................................................................11 SECTION 2: SCOPE OF SERVICES .........................................................................................11
2.1 Residential “Core” Cart Service .............................................................................................................. 12
2.1.1 Automated Carts....................................................................................................................................12
2.1.2 Cart Colors and Markings....................................................................................................................... 12
2.1.3 Solid Waste Cart Collection .................................................................................................................... 12
2.1.4 Solid Waste Cart Overage....................................................................................................................... 13
2.1.5 Recycling Cart Collection........................................................................................................................13
2.1.6 Green Waste Cart Collection .................................................................................................................. 13
2.1.7 Bundled Green Waste Materials............................................................................................................ 13
2.1.8 Organics and Food Waste Cart Collection and Recycling ........................................................................ 13
2.1.9 Construction and Demolition ................................................................................................................. 13
2.1.10 Bulky Item Collection (Including E-Waste andU-Waste)......................................................................... 13
2.1.11 Abandoned Bulky Waste Collections...................................................................................................... 14
2.1.12 Public Outreach Program ....................................................................................................................... 14
2.1.13 Bulky Item Diversion..............................................................................................................................14
2.1.14 Roll-off Box and Temporary Processing (City Services)........................................................................... 14
2.1.15 Valet Service ..........................................................................................................................................14
2.1.16 Low-Income Senior Citizen Discount....................................................................................................... 15
2.1.17 Holiday Tree Collection and Recycling .................................................................................................... 15
2.1.18 Mulch Give-A-Way Program................................................................................................................... 15
2.1.19 City Mulch..............................................................................................................................................15
2.1.20 Holiday Schedule....................................................................................................................................15
2.1.21 Removal and Recycling of Existing Carts................................................................................................. 15
2.2 Multiple-family Residential “Core” Collection Service............................................................................ 16
2.2.1 Bins and Boxes.......................................................................................................................................16
2.2.2 Multiple-family Processing..................................................................................................................... 16
2.2.3 Bulky Item Collection (Including E-Waste andU-Waste)......................................................................... 16
2.2.4 Bulky Item Diversion ..............................................................................................................................16
2.2.5 Holiday Tree Collection and Recycling – Multiple Family Dwellings........................................................ 16
2.2.6 Green Waste/Organics Recycling Collection – Multiple Family............................................................... 17
2.3 Citywide Quarterly Clean-up Program.................................................................................................... 17
2.4 Waste Diversion And Disposal Reporting Requirements........................................................................ 17 SECTION 3: KEY AGREEMENT TERMS................................................................................17
3.1 Agreement Term....................................................................................................................................17
3.2 Annexation ............................................................................................................................................17
3.3 Mandatory Collection ............................................................................................................................17
3.4 Billing And Collection .............................................................................................................................18
3.4 Education And Public Awareness........................................................................................................... 18
3.5 Minimum Recycling Rate........................................................................................................................18
3.6 Company’s Employees...........................................................................................................................18
3.7 Records And Reports..............................................................................................................................18
3.8 Responsibility For Damages And Injury/Indemnification........................................................................ 18
3.9 Cooperation With Utility And Other Companies .................................................................................... 18
3.10 Reporting And Auditing..........................................................................................................................18
3.11 Clean-Air / Clean-Burning Collection Vehicles........................................................................................ 19
3.12 Quality Of Service Surveys ..................................................................................................................... 19
3.13 Rate Adjustment....................................................................................................................................19
3.14 Authority To Withdraw RFP and/or Not Award Contract And Possible Legal Challenges........................ 19
3.15 Public Records Act..................................................................................................................................19
3.16 Maximum Customer Rates..................................................................................................................... 20
3.17 Franchise Fees Payable To City............................................................................................................... 20
3.18 Initial Fee Upon Award...........................................................................................................................20
3.19 AB 939 Program Payment Fee................................................................................................................ 20
3.20 Performance Audit Fee ..........................................................................................................................20
3.21 Good Corporate Citizenship ................................................................................................................... 21
3.22 Performance Bond And Letter Of Credit................................................................................................. 21
3.23 Surety/Bid Bond.....................................................................................................................................21
3.24 Proposal Evaluation Criteria................................................................................................................... 21
3.25 Conflicts Of Interest ...............................................................................................................................21
3.26 Familiarity With Laws And Ordinances................................................................................................... 21
3.27 Draft Franchise Agreement .................................................................................................................... 21
3.28 Quality Of Service Surveys ..................................................................................................................... 21
3.29 Curbside Recycling Audits...................................................................................................................... 22
3.30 Rate Composition...................................................................................................................................22
3.31 Information / “How-To” Video............................................................................................................... 22 SECTION 4: PROPOSAL FORMAT AND CONTENT.........................................................22
4.1. General Requirements...........................................................................................................................22
4.2. Business Structure: Provide The Following Information Regarding The Proposing Entity AndEntity That Would Provide A Corporate Guarantee, If Applicable............................................................................. 23
4.3. Donations And Gifts...............................................................................................................................23
4.4. Experience And Qualifications................................................................................................................ 24
4.5. References.............................................................................................................................................24
4.6. Organization And Staffing ...................................................................................................................... 24
4.7. Background............................................................................................................................................24
4.8. Work Plan And Methodology................................................................................................................. 25
4.9. Disposal & MRF Facilities....................................................................................................................... 25
4.10. Schedule of Services...............................................................................................................................25
4.11. Equipment List.......................................................................................................................................25
4.12. Employee Safety Training And Equipment Safety Records..................................................................... 26
4.13. Implementation/Transition Plan............................................................................................................ 26
4.14. Organics Waste Recycling....................................................................................................................... 26
4.15. Minimum Recycling Requirement.......................................................................................................... 27
4.16. Customer Service ...................................................................................................................................27
4.17. Financial Stability...................................................................................................................................27
4.18. Insurance Information............................................................................................................................27
4.19. Past/Pending Litigation: Lawsuits, Claims, Judgments, Penalties, Fines And Violations......................... 27
4.20. Guarantees and Surety...........................................................................................................................28
4.21. Statement of Compliance....................................................................................................................... 28 SECTION 5: PROPOSAL EVALUATION CRITERIA...............................................................28 SECTION 6: LIST OF ATTACHMENTS ................................................................................30 ATTACHMENT A: CITY MAP.......................................................................................................34 ATTACHMENT B-1: TOTAL MAXIMUM PERMITTED RATE SCHEDULE ..........................35 ATTACHMENT B-2: TOTAL MAXIMUM PERMITTED RATE SCHEDULE ..........................36 ATTACHMENT B-3: TOTAL MAXIMUM PERMITTED RATE SCHEDULE ..........................37 ATTACHMENT C: GOOD CORPORATE CITIZEN STATEMENT............................................38 ATTACHMENT D: DRAFT FRANCHISE AGREEMENT............................................................39 ATTACHMENT E: WORK PLAN..................................................................................................40
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 5
INTRODUCTION
The City of Montebello (“City”) is requesting proposals from qualified solid waste and recycling companies licensed within the City and holding a valid City business license and solid waste hauler nonexclusive franchise agreement with the City to provide residential solid waste collection, transportation, recycling, and disposal services. For the purpose of clarification, the requested services include, but may not be limited to, Municipal Solid Waste (MSW), Recycling and related services, Greenwaste, Organics, Construction and Demolition (C&D), and Bulky Item Collection.
It is the City’s intent to enter into one Exclusive Franchise Agreement for residential for the aforementioned collection and processing services. The anticipated service start date for a new collection service franchise agreement is on or before April 1, 2025.
Specifically, City is interested in receiving proposals for an Exclusive Franchise Agreement (“Agreement”) that will encompass only residential cart/bin accounts and services in addition to those referenced above. The specific services and contract terms are set forth in this document and in the Draft Franchise Agreement, which together make up the Request for Proposals (RFP.) Prospective proposers should examine these documents in detail in order to understand the services being requested.
The successful company will have presented an accurate representation of the company’s experience and expertise in the collection, processing, diversion, and disposal of municipal solid waste generated in the residential sector.
City seeks a company that offers a rate stabilization program to provide long-term collection, processing, recycling, recovery, and diversion capacity, and waste diversion through source collection and mixed waste processing while meeting all the legislative and program requirements of the State of California, Los Angeles County, and the City as may be applicable.
CITY OF MONTEBELLO GOALS & OBJECTIVES
The City of Montebello’s goals and objectives for the RFP process and future collection services are as follows:
• Conduct the RFP process with integrity and transparency • Provide a cost-effective, environmentally sound, and efficient solid waste management system, which includes mandatory collection of solid waste and recyclable materials among other services referenced herein.
• Preserve the environment and protect the health, safety, and quality of life for Montebello residents by utilizing fully automated AQMD (Alternative Fueled) compliant vehicles and trained operators that are trained, certified, licensed, and possess a Commercial Driver’s License (CDL) within the State of California.
• Comply with State of California Assembly Bill 939, known as the California Integrated Waste Management Act of 1989, which requires jurisdictions to divert from disposal in landfills 50% of the solid waste generated within the City, AB 1826, which requires mandatory organics recycling for certain multifamily residential dwellings, SB 1383, statewide organic waste disposal reduction of 75% and all other State, federal, and local mandates during the term ofAgreement.
• Participate in the City of Montebello as an exemplary corporate citizen by supporting local non-profit organizations and serving as a member of the community.
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 6 • Provide a long-term solid waste management program that includes but is not limited to:
diversion and disposal programs or other waste processing programs that reduce the amount of solid waste being disposed of and that includes a rate stabilization program, collection and processing capacity, or other programs to the divert waste from landfills, citywide recycling, greenwaste and organics recycling, C&D collection and processing; and increased diversion rates in the residential sector.
OPEN DISCLOSURE OF NONCOFIDENTIAL RFP INFORMATION
To ensure open disclosure of information, the City will make all NONCONFIDENTIAL information provided under this agreement Public on the City’s Website with the exception of all Final RFP Responses submitted pursuant to this Residential RFP. For the purpose of this section, public disclosure will include posting of the Request for Proposal and any amendments or changes, questions (without submitter information) and responses relating to the RFP, services requested, submission dates and deadlines and any other nonconfidential information the City deems appropriate,
ORGANIZATION OF THE RFP
This RFP is organized into six sections as follows:
Section Intro Introduction to the RFP
Section 1 City Information and Statistics
Section 2 Scope of Services
Section 3 Key Agreement Terms
Section 4 Proposal Format and Content
Section 5 Proposal Evaluation Criteria
Section 6 Attachments
SUMMARY OF PROPOSED SERVICES
A description of all service requirements and related stipulations is included in the attached Draft Franchise Agreement. The table below briefly describes the anticipated services that the City is seeking from qualified companies although services are not limited to the following.
TABLE A: SUMMARY OF PROPOSED SERVICES
Service Sector Service Description
Residential Cart
Customers
• Weekly Automated Service
• 60-Gallon Automated Solid Waste Collection
• 95-Gallon Automated Recyclables Collection
• 95-Gallon Automated Green Waste Collection
• 35-Gallon Organics Collection
• Optional Cart sizes
• MSW/Recycling 21-Gallon, 48 Gallon, and 95 Gallon)
• Organics 12 Gallon and 21 Gallon
• Space Limitations/ Optional Sizes – Automated Carts
• Temporary Bin and Box Collection
• Bulky Item Collection (Unlimited)
• Holiday Tree Collection
• Senior, Disabled, and Infirmed Valet Service • Senior and Low-Income Discount Program • Customer Service Line with 24-hour Message Center • City-owned Building Collection Services
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 7
PROPOSAL SUBMITTAL DATE AND REVIEW
The Office of the City Clerk at Montebello City Hall, located at 1600 West Beverly Blvd, Montebello, CA, 90640, will receive sealed Proposals for the Residential Solid Waste and Recycling Collection Services RFP No. 24-____, on or before September 3, 2024, no later than 10:00 a.m. Proposer must submit five (5) complete copies of their company’s Proposal, one (1) original with wet signatures and one (1) electronic copy with all attachments on a thumb drive.
The received proposals will become part of the official files of the City of Montebello and will not be returned. Late proposals will not be accepted. The RFP package must be sealed and labeled as follows:
“Proposal for Residential Solid Waste and Recycling Collection Services, RFP 24-___” AWARD
All proposals received by the date and time specified herein that meet the minimum requirements set forth in this RFP will be reviewed to determine conformance with the RFP requirements, form, and content. Any proposal deemed by the City to be incomplete, conditional, or non-responsive to the RFP may be rejected. Proposals and proposed rates must be honored for twelve (12) months from the proposal due date or the Agreement Effective Date, whichever comes first. The City reserves the right to reject any and all proposals. The successful proposal may or may not be the lowest cost proposal. The anticipated date of the award by the City Council is October 23, 2024.
AGREEMENT TERM
The City of Montebello (City) is soliciting written competitive proposals from private companies to provide solid waste collection and recycling services for residential customers within the City.
The ten (10) year franchise agreement will include two compliance review periods (years 5 & 7) and require the successful company to provide exclusive residential solid waste, recycling, greenwaste, organics, construction and demolition collection services, bulky item collection and any other services deemed as residential necessities by the City within City boundaries shown on the attached map (Attachment A) for existing and future service needs within the residential service area. Services shall also cover City owned and operated facilities and identified areas.
RFP POINT OF CONTACT
All inquiries, clarifications, and technical questions relating to this RFP or any of the identified services or information referenced herein must be directed in writing to Christopher Jimenez, City Clerk at [email protected]. Any inquiry, not following the requirements of this section will not receive a response.
NO CONTACT PROVISION
Other than the official Point of Contact referenced in the RFP, companies, including agents, consultants or other third parties affiliated or employed by submitting companies, interested in submitting a proposal shall not contact other representatives of the City of Montebello whether elected, appointed, contracted, or volunteer, including elected officials, City staff, commissioners, consultants, and the like in connection with the RFP or for any residential collections, services, rates, or the like, prior to the awarding of a preferred company. Should interested company’s make such contact in connection with this RFP, the City reserves the right to reject or disqualify any submission associated with the contacting person, party, or entity. At no time is any person or entity authorized to make oral changes to the RFP. Any contact made to any of the above will be cause for immediate disqualification. The decision of the City manager will be final.
DONATIONS AND GIFTS
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 8 Proposers must provide detailed information on any/all gifts, donations, or other items provided to any Montebello Elected Officials, City Staff, City Appointees, City Commissioners, or Volunteers, within the last 4 years. Campaign contributions are not required to be reported if they have been properly noticed and recorded according the California Fair Political Practices Commission (CFPPC) (FPPC Regulations (ca.gov)).
SCHEDULE
The City plans to adhere to the following schedule to the maximum extent possible. Changes to the schedule will be at the sole option of the City.
TABLE B: SCHEDULE
Action Date
RFP Release May 25, 2024
RFP Questions Deadline #1 June 20, 2024
Response to Questions #1 July10, 2024
Proposal Submittal Date September 3, 2024
City Council Presentation & Award October 23, 2024
Commence Services April 1, 2025
SECTION 1: CITYINFORMATION/STATISTICS
Montebello is located near the center of the metropolitan center of Los Angeles County. The industrial heart of the Western United States swings out 40 miles to the west and 50 miles to the east, providing communication, transportation, technology, finance, and labor as well as being its own best consumer market.
Montebello is ringed by freeways (CA Route 60 Freeway Eastbound, Interstate 605 Freeway North and Southbound, Interstate 5 Freeway North and Southbound) and has become a center for the trucking and specialty vehicle industry. Wheels, engines, underbodies, refrigerated trucks, campers and truck trailers are all manufactured in Montebello. The over-the-road trucking industry has found Montebello a convenient home as well, as have the service, maintenance, and custom fabrication groups.
Residential solid waste, recycling, greenwaste, bulky item, and organics collection services are currently provided by Athens Services with construction and demolition services provided by any of the twelve (12) nonexclusive commercial franchises within the City. The following table shows an estimated number of homes, Multiple-family residences, and tonnage collected in City. All prospective bidders should take whatever steps are necessary to verify the number of homes, multifamily residences, containers, routes, tonnages, and collection area in preparing their proposals.
1.1 CENSUS DATA (2020-2023 SELECTED HOUSING CHARACTERISTICS) TABLE 1.1: CENSUS HOUSING DATA
Description Units
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 9 Population 61,363
Number of Dwelling Units 20,235
Number of Single-Family Homes Detached 11,483
Single Unit Attached 1,708
Two Units 312
3 or 4 Units 444
The above table represents Census Data compiled and reported by the U.S. Census Bureau and should be considered as a reference tool only. The City is not guaranteeing the accuracy of this information nor is the City implying that the proposers include this information in the determination of pricing and/or service levels. All prospective bidders should take any steps deemed necessary to verify the number of homes, containers, routes, tonnages, and collection area in preparing their proposals.
It should be noted that the Metro Heights at Montebello Hills, a 488-acre site with 1,200 homes in a gated community is expected to be completed in 2027 and will be included as part of the residential services identified herein.
NOTE: DATA ACCURACY
The City asserts no claim as to the accuracy of the census information with respect to each service area. Projections and estimates in that information represent the City’s best judgment based upon information existing as of the date of this RFP, but they do not constitute warranties. Proposers must draw on their own professional experience to best correlate or corroborate the data.
Proposers are responsible for independently investigating service conditions in the service area.
1.2 CURRENT SERVICE ACCOUNT DATA
The City has estimated the following information as it relates to the number of current residential account locations. The City is not guaranteeing the accuracy of this information. All prospective bidders should take any steps deemed necessary to verify the number of homes, multiple-family residences, containers, routes, tonnages, and collection area in preparing their proposals.
TABLE 1.2: EXISTING CUSTOMER ACCOUNTS BY SECTOR
Sector Total
Residential Accounts 12,128
Multi-Family Units (2 to 4 units) (Total) 2,464
Multi-Family Accounts (2 to 4 units) (Serviced by Current Residential Hauler) 68 Accounts (415 Units)
1.3 Residential Sector Service Data
The residential sector is comprised of approximately 12,102 locations which are currently serviced with automated collection for residue and recycling and non-automated collection for green waste collection.
TABLE 1.3.1: EXISTING RESIDENTIAL CART COUNTS
Description Frequency S/W Green Waste Recycling Organics TOTAL
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 10 35 Gallon 1 14 0 0 53 67
60 Gallon 1 874 0 0 1,609 2,483
60 Gallon (Add'l) 1 200 - - 253 453
64 Gallon (Extra) 0 0 0 0 0 0
90 Gallon 1 11,243 0 0 10,541 21,784
96 Gallon (Add'l) 1 3,791 - 0 1,890 5,681
TOTALS 16.122 0 0 14,346 30,468
The 12,102 residential accounts are comprised of single-family units, duplexes, triplexes, fourplexes and certain Multiple-family complexes that receive automated cart service.
TABLE 1.3.2: EXISTING RESIDENTIAL CART COUNTS
Property Type Count
Single-Family Homes 17,894
Multi-Units (2 to 4) 10,084
1.4 Default Residential Cart Service
The proposed default automated residential service will be 60-gallon carts for Solid Waste, 95- gallon carts for recyclables, 95-gallon carts for Green Waste, and 35-gallon Cart of Organics (SB1383). Customers must have the option to downsize their automated carts to 32-gallon carts. 95-gallon carts may be substituted for the default size if there is an approved demonstrated need for additional capacity and necessary to avoid additional collections during the same period. In such cases where a cart change is approved, the successful contracting entity must adjust the monthly service charge upon approval and provide documentation to the City of such change. In the event that the services have already been paid for, the company must provide a credit on the next billing cycle or provide a direct refund to the resident.
1.5 Multiple-family Residential Service
Multiple-family residential services are services provided to residentially zoned dwellings consisting of four (4) or fewer units. The multiple-family sector is comprised of 2,464 addressed locations (duplexes, triplexes, and fourplexes).
1.6 Disposal Tonnage Data
The City of Montebello understands that accurate disposal reporting information is critical for proposers in the determination of pricing and program implementation. The tables below demonstrate information available on the CalRecycle website and information supplied by the current franchise hauler. All prospective bidders should take any steps deemed necessary to verify the number of homes, Multiple-family residences (2 – 4), containers, routes, tonnages, and collection area in preparing their proposals.
1.7 Jurisdiction Diversion/Disposal Rate Detail
Residential tonnage information reported to CalRecycle as part of the Jurisdiction Diversion/Disposal Rate Detail for 2021, 2022, and 2023 are reflected in the table below.
1.8 Reported Total Tonnage Collected 2020-2023
The current franchise hauler reported the following tonnage in Table 1.8 to the City for the recent 2021-2023 reporting year. The City acknowledges that the data contained in this report/table may
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 11 not accurately coincide with the States DRS table. All prospective bidders should take any steps deemed necessary to verify the number of homes, Multiple-family residences, bin size? containers, routes, tonnages, and collection area in preparing their proposals.
TABLE 1.8: RESIDENTIAL HAULER REPORTED TONNAGE
2021 Tonnage 2022 Tonnage 2023 Tonnage
Trash 18,429.00 17,342.58 17,432.94
Recycling 0 0 0
Organics 4586.61 4,366.73 5,685.52
Transformation - - -
TOTAL 23,015.61 21,709.31 23,118.45
1.9 Diversion Rates
The City is committed to meeting the goals and objectives of AB 939 as well as subsequent legislation mandating certain recycling requirements. The successful Contractor will be required to divert and recycle a sufficient amount to ensure that the City continues to meet or exceed the requirements of AB 939, AB 1826, and SB 1383 as well as all other State, local, and federal mandates during the term oftheAgreement.
1.10 Current Collection Rates
The City’s Single Family Residential Rate (weekly service) are currently: $24.11 per month for one (1) Solid Waste Cart/Bin (60-to-90-gallon container) and one (1) Green Waste Cart/Bin billed via property taxes and $1.99 for each additional 90-gallon Solid Waste Cart/Bin.
1.11 Billing Procedures
Residential customers are billed via their property taxes by the City. The Contractor may invoice the City at the end of each quarter for services provided under the RFP for actual services rendered to residential customers in the City. All invoices must be submitted with verifiable documentation of actual services provided during the preceding quarter. Any services provided by the Contractor that fall outside of the core services, and those referenced herein may be billed directly to the property owner in accordance with the approved Master Customer Rate Schedule (Attachment B).
SECTION 2: SCOPE OF SERVICES
The City of Montebello is requesting proposals for the services as described herein. No other commercial waste collection services, commercial (non-residential) construction debris collection services, street sweeping, or other waste collection services are to be bid or proposed. All services described below are to be considered the “Core Services.” Any proposal which includes commercial waste services, commercial (non-residential) construction debris collection services, street sweeping, or other waste collection services will be considered non-responsive and will not be considered for any award of a franchise pursuant to this RFP.
The Contractor has established and shall continue to maintain a local office for the purpose of handling customer inquiries, orders, and complaints. The “local” office must remain in a location within fifteen (15) miles of the City boundary and have the same telephone area code as that existing in the City. If approved by the City, a local toll-free number may be provided as a substitute for the existing area code and must be staffed by a live person during regular office hours. The local office shall be open to the public between the hours of 8:00 a.m. to 5:00 p.m., five
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 12 (5) days per week, Monday through Friday, holidays excepted. A representative of Contractor shall be available during regular office hours for communication with the public at such local office.
2.1 Residential “Core” Cart Service
The successful proposer shall provide a plan demonstrating how it will divert, recover and/or recycle at least 65 percent (65%) of the collected residential waste through automated curbside collection. Service must not be provided less than once per week Monday through Friday, except if a holiday occurs on a Friday collection service may be provided on Saturday, to all customers of residential single-family properties and Multiple-family properties receiving automated collection. Hours of residential collection service is from 7:00am to 4:00pm. If the proposer is unable to demonstrate a 65 percent (65%) diversion rate, it should demonstrate the maximum guaranteed diversion rate possible through the residential program and services referenced herein.
2.1.1 Automated Carts
At a minimum, the Contractor will provide a new fully automated multi-bin system for the collection of residential solid waste and recyclable materials, green waste carts, and organic carts, bins, or totes for residential customers. The automated waste carts will have suitable handles and wheels, tight-fitting covers for holding garbage without leakage or escape of odors; and be constructed of watertight metal, plastic, or other composite material having the same or like properties with respect to construction and durability. The City shall approve the color of all containers used. Each automated cart will be hot stamped with the “City of Montebello,” including the City logo on the right and left side of the cart. Contractors may have their company name and phone number hot stamped on the front of each art. All cart lids must be color coded to comply with all CalRecycle legislative and administrative requirements and include identifying purpose and material description information.
Upon execution of the Franchise Agreement, it will be the sole responsibility of the Contractor to purchase new carts and replace all residential carts utilized for the service identified within this RFP. All costs incurred with the maintenance, repairs, cleaning, additional procurement, and storage of the carts shall be the sole responsibility of the Contractor.
2.1.2 Cart Colors and Markings
All Solid Waste, Recycling, Greenwaste and Organic carts will be differentiated by color or in compliance with all legislative and CalRecycle requirements. The colors shall be resistant to fading as a result of weathering. Color shall be either uniform within each container type or legislative or CalRecycle requirements, including replacement arts distributed throughout the term. All cart markings must be approved by City prior to ordering carts. Graphics indicating how to properly dispose of waste shall be included on the cart lid. Carts shall be hot stamped with the Contractor’s name and phone number on the front and City name and along on each side. The Proposer must include in their work plan specifications and cut sheets from the proposed manufacturer along with a distribution plan for all carts. Proposer shall also provide details as to the manner and method that they will employ with respect to cart management, which must include the repair, maintenance, and exchange of residential recycling carts. Any associated charges shall also be included in this section.
2.1.3 Solid Waste Cart Collection
Contractor will distribute new 60-gallon solid waste carts, Those customers wishing to order additional carts will be given the choice of 95-gallon, 48-gallon, or 21-gallon solid waste/recycling carts and 21-gallon or 12-gallon organics carts. Additional carts shall be billed accordingly, per the approved Master Customer Rate Schedule (Attachment B). Customers with size restrictions will be offered the opportunity to downsize their default cart for smaller carts, equaling the similar
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 13 or right-sized volume capacity. Additional Solid Waste carts will be made available to residential service recipients per the approved Master Customer Rate Schedule.
Should a customer request a different size art, Contractor will exchange the cart(s) within fourteen (14) days. Rates for service will be no more than those set forth in the Maximum Customer Rates (Attachment B). Proposers must identify at the time of their proposal submission in their prepared response the manufacture specifications, size, and color options along with the lead time for the proposed automated carts.
2.1.4 Solid Waste Cart Overage
Residential cart customers are entitled to unlimited pickups of solid waste material that does not fit in the automated Solid Waste cart(s) at no additional cost. All pickups must occur on the day of regular collection and must be in excess of material placed in the automated cart.
2.1.5 Recycling Cart Collection
Contractors will distribute 95-gallon recycling carts to each residential service recipient. Up to two (2) additional 95-gallon recycling carts will be made available to any customer requesting additional recycling capacity at no cost to the rate payer.
2.1.6 Green Waste Cart Collection
The contractor will distribute 95-gallon Green Waste carts to each residential service recipient. Up to one (1) additional 95-gallon Green Waste cart will be made available to any customer requesting additional capacity at no cost to the rate payer.
2.1.7 Bundled Green Waste Materials
Residential customers receiving Green Waste cart services will be allowed to place bundled branches that do not fit inside the cart alongside the cart for collection. Residential customers are allowed to place bundled Greenwaste debris, at no additional cost. Bundled Green Waste materials will be no longer than 48 inches in length and weigh no more than 20 pounds per bundle.
2.1.8 Organics and Food Waste Cart Collection and Recycling Contractor shall provide an “Optional” program and pricing for implementing a Residential “Organics Recycling Program” that includes Food Waste recycling pursuant to the recycling requirements of SB 1383 (2016). The proposer must address this program in the either the affirmative or negative, as to the implementation of said program. Those companies offering a Residential Organics Recycling program shall include their specific program guidelines including the collection component and processing component. Customers shall be charged a fee for such service per the Maximum Customer Rates (Attachment B).
2.1.9 Construction and Demolition
The Contractor shall provide exclusive commercial and demolition collection services to all residential customers and dwelling units serviced under this RFP. The Contractor, if requested, shall provide temporary clean-up bin service, roll off box service, and construction and demolition bins to residential properties in the City. Upon request, the company must deliver such temporary bin or box to the customer within 48 (forty-eight) hours of request (not including weekends or holidays). Rates for service will be in accordance with established Maximum Customer Rates (Attachment B). Temporary bin and box rates shall be on a “per dump” basis, which includes service, transportation, disposal, and rental for up to 10 (ten) days including weekends. Additional fees may be added for rentals that exceed the 10 (ten) day policy.
2.1.10 Bulky Item Collection (Including E-Waste and U-Waste)
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 14 The Contractor shall provide unlimited bulky item collection to residential automated cart customers, at no additional charge to either the resident or the City. Contractor shall provide bulky item collection on the next scheduled collection day, provided Contractor was notified at least 48hours in advance of the regularly scheduled collection date. Bulky item collection shall include electronic and universal waste items. Customer shall have the right to unlimited Bulky Item pickups per calendar year, with up to five (5) items per pickup. The collector will be required to separate and recycle all commodities that can be feasibly recovered.
2.1.11 Abandoned Bulky Waste Collections.
The Contractor shall collect and remove at no charge any abandoned bulky waste items dropped in City public right-of-way areas or alleys; at City buildings, parks, and property; and other public locations that may be identified or acquired by the City. Collection shall be made within 24 hours of notice by the City or a customer of the Contractor. The city expects that the Contractor will provide a suitable collection vehicle and have such vehicle available to perform needed collections for up to three hours per day, Monday through Friday, between 7:00 a.m. and 4:00 p.m., with no service on holidays.
2.1.12 Public Outreach Program
Contractor shall implement a City-approved Multi-Lingual format: Montebello specific public outreach to coincide with the start of Residential collection services. This public outreach must be specific and unique to Montebello, and clearly establish the billing procedures, explain the billing format, clearly describe the customer’s responsibilities, and provide a customer service number for the Contractor. In addition, Contractor shall establish and maintain the following public educational programs and efforts in Multi-Lingual.
2.1.13 Bulky Item Diversion
Bulky Items collected by Contractor collected under this Agreement may not be landfilled or disposed of until Contractor has followed the following hierarchy of diversion efforts:
1. Reuse as is
2. Disassemble for reuse or Recycling
3. Donation
4. Recycle
5. Disposal
This hierarchy is intended to preclude the use of front or rear loading packer vehicles for Bulky Items, unless the compaction mechanism is not used to compact the Bulky Items, unless such items have been designated for disposal.
2.1.14 Roll-off Box and Temporary Processing (City Services) Contractor shall provide permanent and temporary bin and roll-off box collection service to the City upon request, at no charge to the City. Contractors shall process all Solid Waste Collected in bins and Roll-Off Boxes to recover Recyclable Materials prior to landfilling. The contractor will provide standard 10, 15, 20, 30, and 40 cubic yard roll-off boxes as well as low-boy or reducedheight containers.
2.1.15 Valet Service
Residents physically unable to roll their automated carts to and from the point of collection may request valet service. This includes persons with disabilities, the elderly or infirmed, or other people with an affliction that prevents them from rolling their carts to and from the point of collection. The Contractor will be required to remove the carts from the backyard, or other adjacent location of cart storage, to the curb for collection, and return said carts to their original storage locations by 6:00
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 15 p.m. the same day of service at no additional cost. In order to qualify for this program, customer must provide California DMV handicap credentials or other certified medical documentation issued by a licensed healthcare professional to Contractor annually.
2.1.16 Low-Income Senior Citizen Discount
The Contractor shall offer a low-income senior discount available to qualifying customers aged 65 and older who also qualify for Edison's low-income discount (Care Program). Customers will have to show their qualifying utility bill or related information. The discount will be available for all automated residential cart customers and will be at least 10% off the standard rate.
2.1.17 Holiday Tree Collection and Recycling
Contractor shall provide each residential dwelling, including Multiple-family and mobile home parks, with holiday tree collection and recycling. Customers must place their holiday tree at the curb for collection four (4) consecutive weeks, on their scheduled collection day, following December 26 of the applicable calendar year. Contractors shall also place a sufficient number of 40-yard roll off green waste containers at City Hall or other areas designated by the City during the same period. The number of green waste containers must be sufficient to ensure that there is not excess accumulation of holiday trees collected during the period.
2.1.18 Mulch Give-A-Way Program
The contractor shall conduct no less than two (2) free mulch give-a-way opportunities per calendar year for City residents at no additional cost. These services may be provided either by Contractor or by a third-party arranged for by the Contractor. Free mulch giveaways shall be at the dates, times, and locations specified by the City. Although not required, when at all possible, mulch returned to the City should be inclusive of organic materials collected from the City.
2.1.19 City Mulch
At a minimum, Contractor shall provide the City with up to 360-cubic yards of mulch at no charge for the purpose of usage in City owned and/or maintained facilities, parks, areas, or common areas of the City. Although not required, when at all possible, mulch returned to the City should be inclusive of organic materials collected from the City.
2.1.20 Holiday Schedule
Holidays prescribed by the City of Montebello specific to Contractor service. These prescribed holidays include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. All collection activities scheduled during a prescribed holiday will be collected on the following non-holiday calendar day except when said alternate collection day falls on a previously identified holiday. For example, if New Year’s Day falls on a Monday, trash shall be picked up on Tuesday. If the holiday falls on a Sunday, there will be no delay in service.
2.1.21 Removal and Recycling of Existing Carts
Contractor shall coordinate delivery of the new Solid Waste, Recycling, Greenwaste, and organics carts with the previous haulers' removal of existing carts to minimize the period of time during which Residential Cart Customers are without carts or have two sets of carts. If prior Collection Contractor does not collect their carts at the start of service under this Agreement, Contractor shall Collect and store carts until the City instructs Contractor to Recycle the carts for maximum Diversion credit, or until the prior Contractor arranges to collect the carts from Contractor. During the term, if additional carts belonging to the prior Contractor are placed for servicing or cart Collection during the term, Contractor shall remove carts from service and notify prior Contractor to make reasonable arrangements for pick up or Contractor shall be responsible for recycling the
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 16 arts. Neither City nor Customers shall be responsible for any of Contractor's costs associated with actions undertaken in accordance with this section.
2.2 Multiple-family Residential “Core” Collection Service Contractor shall provide commercial bin service and/or automated cart service to residential Multiple-family properties consisting of four (4) or fewer units at least once per week. At a minimum, available bin sizes must include: 1.5, 2, 3, cubic yards. Properties receiving automated cart service and/or commercial bin services are included in herein and shall be deemed part of the Core Services.
2.2.1 Bins and Boxes
Contractor shall provide and maintain clean freshly painted bins and Roll-off Boxes, free from graffiti, equipped with reflectors, and shall have the name and phone number of Contractor prominently displayed in letters not less than three (3) inches high on the exterior of each bin and/or Box so as to be visible when the container is placed for use. All bins and boxes must be kept graffiti free at all times. Within twenty-four (24) hours of visible or informed sighting, Contractor shall touchup, repaint, or replace any bin or box tagged with graffiti or excess markings that are not part of the hauler’s collection program.
2.2.2 Multiple-family Processing
All Multiple-family residential properties as defined herein as four (4) or fewer dwelling units receiving noncommercial residential bin service may be processed at a materials recovery facility (MRF) or other facility provided that there is a demonstrated process of recovering and recycling at least 65% of the collected waste. If the proposer is unable to demonstrate a 65 percent (65%) diversion rate, it should demonstrate the maximum guaranteed diversion rate possible through the Multiple-family program and services referenced herein.
2.2.3 Bulky Item Collection (Including E-Waste and U-Waste) Contractor shall provide unlimited bulky item collection to all Multiple-family residents as defined herein at no additional charge. Contractor shall provide bulky item collection on the next scheduled collection day, providing Contractor was notified at least 48-hours in advance of the next scheduled collection date. Bulky item collection shall include electronic and universal waste items. Customer shall have the right to unlimited bulky item pickups per calendar year, with up to five (5) items per pickup.
Should a Multiple-family customer require additional bulky item collection service in excess of five (5) items for any single scheduled pick-up, customer shall not be charged a fee for such service.
2.2.4 Bulky Item Diversion
Bulky items collected by Contractor collected under this Agreement may not be landfilled or disposed of until Contractor has followed the following hierarchy of diversion efforts:
A. Reuse as is
B. Disassemble for reuse or Recycling
C. Donation
D. Recycle
E. Disposal
This hierarchy is intended to preclude the use of front or rear loading packer vehicles for bulky items, unless the compaction mechanism is not used to compact the Bulky Items, unless such items have been designated for Disposal.
2.2.5 Holiday Tree Collection and Recycling – Multiple Family Dwellings
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 17 Contractor shall provide each multiple family residential dwelling, and mobile home parks, with holiday tree collection and recycling. Customers must place their holiday tree at the curb for collection three (3) consecutive weeks, on their scheduled collection day, following December 25. Contractors shall also place a sufficient number of 40-yard roll off green waste containers at City Hall or other areas designated by the City during the same period. The number of green waste containers must be sufficient to ensure that there is not excess accumulation of holiday trees collected during the period.
2.2.6 Green Waste/Organics Recycling Collection – Multiple Family The Contractor shall offer 96-gallon automated carts and commercial bins for weekly green waste collection and recycling. Customers will have the opportunity to order the appropriate service level.
Available bin sizes include: 3 cubic yards. Collection frequency will be at least once per week and up to six (6) times per week.
2.3 Citywide Quarterly Clean-up Program
The City, along with the Contractor and third-party collectors, conduct quarterly citywide cleanup events at no additional cost to the City or cleanup participants or entities. City shall define the scope of this program a least 14-days prior to the events and will communicate the need for service to the Contractors single point of contact or other persons designated by the Contractor.
2.4 Waste Diversion And Disposal Reporting Requirements The Contractor shall maintain accurate records of all data required to fulfill the perquisites of this section. All reports and reporting formats shall be approved by the City Manager or his/her designee.
All report submittals shall be in an electronic format approved by City, compatible with City’s software at no additional charge.
Monthly reports shall be submitted within thirty (30) days after the end of the reporting month.
Quarterly reports shall be submitted within thirty (30) days of the reporting quarter. Annual reports for which a date is not otherwise specified in this Agreement shall be submitted within twenty (20) calendar days after the end of the calendar year, by January 20th. The Contractor must provide all information in a format approved by the City and will be subject to Audit by the City at least once per year or once per quarter as may be deemed appropriate by the City.
SECTION 3: KEY AGREEMENT TERMS
A comprehensive description of the Agreement terms is contained in the draft Franchise Agreement. The following Key Terms are contained herein to draw the proposers’ attention.
3.1 Agreement Term
The term of the Agreement shall be for a period of ten (10) years with two review periods after years five (5) and seven (7).
3.2 Annexation
If additional area is annexed to the City, residential areas shall be added to the Solid Waste and Recycling Collection areas, subject to the legal rights of others to provide services in that area.
The franchise holder shall provide services to those areas.
3.3 Mandatory Collection
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 18 The City franchised collector shall collect all residential solid waste and recyclables in accordance with the terms of the Franchise Agreement.
3.4 Billing And Collection
Every occupant or owner of property in the City shall be billed on the customers’ property tax bill as submitted with the County of Los Angeles, for the charges incurred by the collection of solid waste, recycling, and related services. Contractor may bill the property owner for extra service that fall outside of the regular services in accordance with the approved Master Customer Rate Schedule (Attachment B).
3.4 Education And Public Awareness
The City recognizes that effective public education is the key to implementing effective programs and achieving the diversion requirements of AB 939, AB 1826, SB 1383, and future subsequent legislations. See Draft Franchise Agreement for specific requirements relating to minimum public outreach requirements.
3.5 Minimum Recycling Rate
Contractor shall propose a minimum recycling rate of sixty-five percent (65%) for all solid waste it collects under this Agreement. Recycling of materials not collected by the Contractor is not counted towards meeting the recycling requirement of this RFP.
3.6 Company’s Employees
The company’s employees shall be required to wear a clean uniform bearing the company’s name.
Employees who come into direct contact with the public shall also bear some means of individual identification, such as a nametag or identification card. Employees shall not remove any portion of their uniform while working within the City.
3.7 Records And Reports
The City shall require specific reporting and recordkeeping requirements in the completion of collection activities. Storage of specific reports and records must be kept in electronic format for the entire term of this agreement and for no less than five (5) years after the expiration and/or termination of the Agreement and be available upon request within seven (7) days.
3.8 Responsibility For Damages And Injury/Indemnification The City shall require that the company indemnify the City as set forth in the Draft Franchise Agreement. The company shall become familiar with the City and shall provide adequate safeguards to prevent damage to existing structures and improvements to its operations. All property damage shall be replaced and/or repaired, at the company’s expense, to the original condition and to the satisfaction of the propertyowner.
3.9 Cooperation With Utility And Other Companies
Work within the City may be performed by utility and construction companies, which may obstruct the public right of way or properties at which service is to be provided from time to time. It is the responsibility of the company to be informed of work planned by these parties and to coordinate Solid Waste and Recycling Collection work accordingly in such a manner as to not provide an undue burden on The City of Montebello or its residents.
3.10 Reporting And Auditing
The Proposer should review the Draft Franchise Agreement, which contains detailed auditing, reporting and record keeping requirements. The Proposer shall familiarize themselves with these requirements.
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 19
3.11 Clean-Air / Clean-Burning Collection Vehicles
Pursuant to the requirements of Rule 1193 of the AQMD requirements, Collector shall propose and route only collection compressed natural gas (CNG), liquefied natural gas (LNG), or any other clean-air vehicle that meets Rule 1193 at the commencement of the Agreement.
The Contractor must comply with all California AQMD requirements and demonstrate their ability to comply, provide, and/or procure the aforementioned vehicles within one (1) year of service commencement. If the Proposer is unable to procure the aforementioned vehicles within the stated timeframe, they should provide a justification as well as a time period for which the referenced vehicles will be procured. All vehicles used for the services referenced herein must not be older than five (5) years old prior to the start of the services provided herein. All vehicles must be registered in the State of California and with the contractor or entity to who is providing the service to the City under the Franchise Agreement.
3.12 Quality Of Service Surveys
The City requires that the Contractor provide, at its own expense, annually a “quality of service” survey of Contractor’s customers during the term of the Agreement in a format approved by the City. At the discretion of the City, the survey shall be conducted by a City approved third-party at the sole expense of the Contractor. Prior to finalizing the survey form, the City shall review the survey with the Contractor. The results of the survey and the quality-of-service survey shall be provided to the City, reviewed with the Contractor, and used to discuss improvements in service delivery.
3.13 Rate Adjustment
Initial rates will be set based on the rates proposed in accordance with the approved Master Customer Rate Schedule (Attachment B) and shall be fixed through the first twenty-four (24) months of the new Agreement for which services commence. The rates may, thereafter, be annually adjusted based on a +/- 3-percent annual change in the Consumer Price Index (CPI) and may not exceed once per calendar year. Requests for CPI adjustments must be based on actual services provided to the City, must be supported by actual documentation and verifiable increases, and are not automatic in their approval. No general rate increases are permitted unless actual documentation for City provided services can be verified. Additional details can be found in the draft franchise agreement.
3.14 Authority To Withdraw RFP and/or Not Award Contract And Possible Legal Challenges.
The City of Montebello reserves the right to withdraw this RFP at any time without prior notice whether or not responses have been submitted to and/or received by the City. The City reserves the right to postpone the opening of proposals at its own convenience and to reject any and/or all proposals responding to this RFP without indicating any reasons for such rejection. The City shall not be obligated to any company to enter into a Franchise Agreement with the company despite City Council’s prospectively awarding the Franchise Agreement to a Proposer. The City shall be obligated to a Proposer if and only if City enters into a Franchise Agreement for the services with the Proposer. No action will lie against the City to compel it to execute a Franchise Agreement or to recover from the City any damages or costs any Proposer may incur if the City elects to sign a Franchise Agreement. The City reserves the right to modify the Draft Franchise Agreement to effectuate the intent of this RFP and the City’s collection services program more fully.
3.15 Public Records Act
All correspondence with the City, including responses to this RFP, will become the exclusive property of the City and will be public records under the California Public Records Act
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 20 (Government Code Section 6250 and following). The City will maintain the confidentiality of the proposals before it announces a recommendation for award. If a responder to the RFP believes that portions of its proposal are exempt from disclosure under the Public Records Act, it must be marked as such and specifically state the factual and legal basis for exemption. If a request is made for information marked as proprietary or a trade secret, the City will provide the submitter reasonable notice to seek protection from disclosure in court.
3.16 Maximum Customer Rates
The franchise holder, not the City, establishes customer rates. However, because the City proposes to grant an exclusive franchise, the Franchise Agreement will set maximum permitted rates for the first two (2) years of service. In the following years, the maximum permitted rate will be adjusted by a formula based on changes to the Price Index(s) as described herein and in the draft Franchise Agreement. The total annual maximum rate increases are explained in the Franchise Agreement.
3.17 Franchise Fees Payable To City
Contractors shall pay a quarterly fee to the City equal to sixteen percent (16%) of Gross Receipts collected the preceding quarter for any franchise service, or related service, provided under this Agreement. This Franchise Fee is a specific public benefit remitted to the City in recognition of the granting of this Franchise and is not subject to any percentage reduction or “net-of-fees” computation without the expressed approval of the City Council.
Franchise Fee payments are due 30 days after each preceding month’s end, up to and including the final month of this Agreement. Any underpayment or non-payment of Franchise Fees is subject to a delinquent payment penalty of two percent (2%) compounded per month, or any fraction of a month beyond the prescribed due date. This is an agreed upon penalty that is cumulative upon any balances owing or subsequently found as owing through audit or other means.
In addition, the City reserves the right to collect a one-time award of Franchise Fee. Bidders may include in their proposal an amount which each Bidder submits is a fair one-time award of bid fee that they would pay if awarded the Franchise.
3.18 Initial Fee Upon Award
In exchange for the City granting the Exclusive Franchise pursuant to this Agreement, Contractor shall pay to City a one-time administrative fee, to be paid no later than thirty (30) days after the Effective Date (Section 2.3 of the Draft Agreement), to reimburse the City for all costs related to the preparation of the Request for Proposals that led to the selection of the Contractor, and the City’s legal fees (attorneys’ fees and costs) and professional fees (consultant fees and costs), incurred in the negotiation, research and drafting of this Agreement which amount shall be one hundred thousand dollars ($100,000.00).
3.19 AB 939 Program Payment Fee
The Contractor shall annually remit payment in the amount of thirty thousand dollars ($30,000.00) or 16% of Gross Receipts, whichever is greater, to reimburse the City for costs related to compliance with State recycling mandates, public education, City staff expense for oversight and review of Contractor recycling activities, and the cost of professional consulting services as determined necessary and/or beneficial by the City.
3.20 Performance Audit Fee
The Contractor shall annually remit payment in the amount of thirty thousand dollars ($30,000.00) for a third-party review and audit of Contractor performance and records. Such an audit will verify the accuracy of Franchise Fee payments as well as the Contractor’s implementation of programs and general compliance with the terms of this Agreement.
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 21
3.21 Good Corporate Citizenship
The holder of the Exclusive Residential solid waste/recycling Franchise is a visible and important part of the Montebello community and has traditionally been an exemplary “Corporate Citizen,” supporting local non-profit organizations in the community and strengthening Montebello in other ways. Proposals should describe the commitments that the company will make to continue or expand on that tradition. See “Attachment C” for further information.
3.22 Performance Bond And Letter Of Credit
Within 10-days of the of the award notification, the Contractor shall provide the City with a Performance Bond and/or Nonrevocable Letter of Credit for a total surety of seven hundred and fifty thousand dollars ($750,000.00) or the equivalent of three (3) quarters of rate service, whichever is greater.
3.23 Surety/Bid Bond
Each proposal must be accompanied by surety made payable to the City of Montebello in the amount of twenty-five thousand dollars ($25,000.00) in the form of a certified check, cashier’s check, or bid bond.
3.24 Proposal Evaluation Criteria
Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criteria in its evaluation and comparison of the proposals submitted.
The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. See Section 5 of this Document for a complete listing of Evaluation Criteria.
NOTE: Maximum customer charges will not be the sole criteria for award of this Contract. All criteria will be considered.
3.25 Conflicts Of Interest
City officials may not participate in any decision in which they have a financial interest under the California Political Reform Act (Government Code Sections 87100 and following.) Cities may not contract with any company in which members of their Council have a disqualifying interest under Government Code Section 1090 and following. In order to identify any legal conflicts of interest, company’s submitting a proposal must identify any officers, directors, employees, or ownership interests that would constitute a financial interest under the Political Reform Act or Government Code Section 1090 and following for any elected or appointed City official, employee, or agent.
3.26 Familiarity With Laws And Ordinances
Companies are required to comply with all provisions of State, Federal, County and City laws, ordinances, rules, and regulations that are applicable to them and their operations. The submission of a response to this RFP shall be considered a representation that the company making the proposal is familiar with all such laws, ordinances, rules, and regulations.
3.27 Draft Franchise Agreement
The proposer must review the entire Draft Franchise Agreement for details relating to the specific requirements of this Request for Proposal. Should the Proposer find items that are not acceptable to the Contractor, the Contractor must identify accordingly in their response proposal. The final approved Franchise Agreement will incorporate the successful Proposer’s response to this RFP.
3.28 Quality Of Service Surveys
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 22 The City requires that the Contractor provide, at its own expense, annually a “quality of service” survey of Contractor’s customers during the term of the Agreement in a format approved by the City. At the discretion of the City, the survey shall be conducted by a City approved third-party at the sole expense of the Contractor. Prior to finalizing the survey form, the City shall review the survey with the Contractor. The results of the survey and the quality-of-service survey shall be provided to the City, reviewed with the Contractor, and used to discuss improvements in service delivery.
3.29 Curbside Recycling Audits
The contractor is required to conduct biannual waste composition audits, at no charge to the City, of the solid waste collected from residents in curbside recycling containers. The purpose of this audit is to establish the materials and their relative percentages by weight in the residential curbside waste stream. The City and/or its designee shall have the right to be present to oversee the Contractor while this audit is conducted.
3.30 Rate Composition
During the Term of this Agreement, all Franchise rates will be divided into two rate components:
“Collection” and “Disposal.” Such a “component” breakdown must be disclosed to the City within the initial rates for this Agreement and as part of any subsequent rate increase request by the Contractor. Such collection components are not required to be listed in franchise rate sheets or included on billings to the Contractor’s customers.
3.31 Information / “How-To” Video
The contractor shall develop, produce, and provide for customers an informative How-To video.
The produced video shall inform residential customers of program services available, recycling opportunities, and general information on billing and customer service information.
SECTION 4: PROPOSAL FORMAT AND CONTENT
This Section includes the required proposal format, and a description of the specific information Proposers must include. Proposer must provide the information specified in this section as part of its proposal. Failure to provide all the required information may be grounds for rejection of a proposal.
Proposals should be typed as briefly as possible. They should not include any elaborate or unnecessary promotional material. Proposer must submit five (5) complete copies of their company’s Proposal, one (1) original with wet signatures and one (1) electronic copy with all attachments on a thumb drive. Each company should adhere to the following order and content of proposal sections:
4.1. General Requirements
A. Title page
B. Cover Letter
A cover letter should summarize key elements of the proposals. An individual authorized to bind the company must sign the letter. Please include the address and telephone number of the company’s office located nearest to Montebello, California, and the office from which the Franchise Agreement (Attachment D) will be managed.
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 23 The letter must stipulate that the proposed maximum customer rates shall be fixed and valid through the first twenty-four (24) months of the new Agreement for which services commence. and that any future increases will be limited by the information contained herein and the Rate Adjustment formula stipulated in the Draft Franchise Agreement.
The letter must also state that the proposing company understands and accepts that the data supplied is for informational purposes only and that the prospective bidder has taken the steps necessary to verify the number of homes, multiple-family residences, containers, routes, tonnage volumes, and collection area in preparation of the submitted proposal. The proposer must include a statement that they have reviewed the entire Request for Proposal including Attachments A-F inclusive of the Draft Franchise Agreement and take either no exceptions or have included any exceptions in therein.
Furthermore, the Contractor understands and accepts that within thirty (30) days upon execution of the Franchise Agreement (Effective Date), the company will be required to make payment to the City of Montebello in the amount of one hundred thousand dollars ($100,000.00) to cover the costs associated with the RFP process. The letter should further state, as a condition of the Franchise Agreement, the company will remit at least sixteen percent (16%) of annual gross receipts to the City and at no time will Franchise fee costs or any City Program fee costs be added to customer billing statements or passed on to its customers.
C. Table of Contents
The Proposer must include a Table of Contents and follow the numerical values identified in Section 4 of this RFP. Responses received that do not comply with the numerical formatting may be reduced in score or determined to be nonresponsive for the purpose of the evaluation process.
4.2. Business Structure: Provide The Following Information Regarding The Proposing Entity And Entity That Would Provide A Corporate Guarantee, If Applicable.
A. Legal name of proposing entity that would sign the Franchise Agreement and whether it is an individual, a partnership, a corporation, or a joint venture.
B. Name of the entity that the services will be conducted under (common name used for Montebello business).
C. Entity that would submit financial statements and whether it is an individual, a partnership, a corporation, or a joint venture. If other than proposing entity, indicate relationship and willingness to sign corporate guarantee.
D. Number of years in which the proposing entity has been organized and doing business under this legal structure (if other than anindividual).
E. Number of years in which proposing entity has been organized in the State of California and doing business under this legal structure and/or DBA.
F. Names and contact information of owners/stockholders with more than 10% of the company's equity.
G. Names and contact information of all officers affiliated with the proposing entity, parent company, or DBA.
H. Corporate headquarters location and contact information.
I. Local headquarters (if different from corporate).
4.3. Donations And Gifts
Proposers must provide detailed information on any/all gifts, donations, or other items provided to any Montebello Elected Officials, City Staff, City Appointees, City Commissioners, Volunteers,
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 24 within the last 4 years. Campaign contributions are not required to be reported if they have been properly noticed and recorded according the California Fair Political Practices Commission (CFPPC) (FPPC Regulations (ca.gov)).
4.4. Experience And Qualifications
The successful Proposer shall have at a minimum five (5) years of experience with hauling and collecting solid waste and recyclables in a community of similar size as the City of Montebello, must hold a solid waste hauler license within the City as of July 1, 2024, and be in good standing with the City of Montebello. For the purpose of this solicitation, good standing shall include, but not limited to, compliance with the provisions set forth in Chapter 8.12 of the MMC, Resolutions 17-62 and 20-97, Ordinance 2445, and has not been issued a notice to terminate, suspend or revoke a license or franchise.
The successful Proposer must be qualified by experience, adequate financing, staffing, and equipment to provide the services specified in this RFP. Describe all recent experience (ten years suggested) in providing services of the type being proposed in this RFP. Include on each listing the following:
A. Name of the agency/jurisdiction issuing a franchise, permit or agreement in which services were/are provided.
B. A description of the services provided.
C. Primary agency contact, address, telephone number, and email address.
D. Dates for the contract or other agreement under which services wereprovided.
E. Name of the person or persons at the company primarily responsible for supervising or managing the services and their respective responsibilities.
4.5. References
The proposer shall provide at a minimum of three references but no more than five references. For each reference, indicate the following:
A. Reference name and Title.
B. Organization affiliation.
C. Complete contact information including mailing address, email address and telephone number.
The City reserves the right to reference check any and/or all of the organizations or individuals listed.
4.6. Organization And Staffing
Describe the Proposer’s approach and methods for implementing and managing the services to be provided under the contract including all reporting and other requirements. Each proposer must provide an organizational chart showing internal and external team members including any contractors, subcontractors, consultants, nonprofits, or other entities that will be utilized in the performance of any of the identified services or work, as well as the specific services they will be providing. Describe the responsibilities and percentage of time of each person on the team. Identify the person(s) who will be the key contact(s) with the City of Montebello. Please include resumes for key members of the team with particular emphasis on their experience, qualifications, and association status with your firm, whether employee, contractor, or subcontractor. If the services that you are proposing are not provided 100% by your firm, you must provide a written statement of the extent of your firms’ services, as well as clearly document how all of the requested services will be accomplished.
4.7. Background
The Background section should describe the Proposer’s understanding of the City and the service to be provided. Each proposer is required to independently verify the number of homes, businesses,
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 25 Multiple-family residences, containers, routes, tonnage volumes, and collection area in preparation of their proposal. Please explain your company’s verification process while providing the data and methodology utilized in the preparation of your proposal.
4.8. Work Plan And Methodology
This section should describe the services the Proposer will provide and the methodology for providing said services. The “Work Plan” must include the methodology and actions the proposer will implement in meeting the requirements of the RFP and the Draft Franchise Agreement.
Make evident the methodology your company will implement in meeting State of California diversion requirements associated with AB939, AB1826, AB1383, and other statutory requirements. Additional points may be awarded to the Proposer(s) that offer diversion rates above the minimum diversion requirements set forth in Attachment A if they can be independently corroborated.
Include a comprehensive list of all proposed contractors, subcontractors, facility names, SWIS number and addresses where materials will be delivered and sorted. Include the type of permit for the facility (i.e., certified to receive recyclable materials, household Solid Waste, etc.). State the permitted total tonnage allowed (capacity) at facility per day, current tonnage of materials received, and published diversion rates.
The successful proposers “Work Plan” will become an attachment to the Franchise Agreement.
This “Work Plan” section of the proposal will be identified in the final Franchise Agreement as “Attachment E.”
4.9. Disposal & MRF Facilities
Proposer is to identify each disposal and non-disposal facility(ies) Proposer intends to utilize during the Term of the Agreement. Proposer shall include the following information for each facility:
A. The name, address, website, and type of facility.
B. Facility Solid Waste Information Systems (SWIS) Number.
C. Statement regarding any relationship between the proposer and the facility owner/operator.
D. Commodity/Materials to be delivered to each facility.
E. Diversion rate for each waste stream.
4.10. Schedule of Services
The Proposer shall adopt a schedule for providing services to locations and frequencies set forth in a separate agreement with the City Manager. Include in this section your proposed suggestions for collection times, routes, scheduled time of collections, and other policies and/or procedures not presented in the above work plan.
The Proposer must develop a schedule of service that ensures that scheduled service misses to not exceed one percent (1%) per month for the first year and one percent (1%) per quarter for each subsequent year. To avoid conflict and/or interference with the City’s street sweeping programs, all scheduled services, routes, collection dates and times, are subject to approval of the City which may not be unreasonably withheld.
4.11. Equipment List
Pursuant to the requirements of Rule 1193 of the AQMD requirements, Collector shall propose and route only collection compressed natural gas (CNG), liquefied natural gas (LNG), or any other clean-air vehicle that meets rule 1193 at the commencement of the Agreement.
The Contractor must comply with all California AQMD requirements and demonstrate their ability to comply, provide, and/or procure the aforementioned vehicles within one (1) year of service
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 26 commencement. If the Proposer is unable to procure the aforementioned vehicles within the stated timeframe, they should provide a justification as well as a time period for which the referenced vehicles will be procured. All vehicles used for the services referenced herein must not be older than five (5) years prior to the start of the services provided herein. All vehicles must be registered in the State of California and with the Contractor or Entity to who is providing the service to the City under the Franchise Agreement.
Contractor shall provide evidence that prior to the Franchise Start Date of this Agreement, Contractor will possess or will have within one (1) year of the start of the agreement, a fleet of alternatively fueled collection vehicles sufficient in number and capacity to perform efficiently the work required by this Agreement in strict accordance with its terms. Collection vehicles must meet all applicable local, state, and federal air quality laws, rules, and regulations, including, but not limited to, South Coast Air Quality Management District Rule 1193 relating to alternative fueled trash collection equipment. If the Proposer is unable to procure the aforementioned fleet of vehicles within the stated timeframe, they must provide a justification as well as a verifiable time period for which the referenced vehicles will be procured. Such verification must include specific purchase orders or other documentation inclusive of delivery dates and certified by the equipment manufacturer.
During the first twelve (12) months of the Agreement, Contractor may operate with used clean-air collection vehicles no older than five (5) years of age and may be used during the transition and first year of the Agreement. During the first term year, the Contractor shall provide evidence of an order to purchase new clean-air collection vehicles, with a delivery date on or before the thirteenth (13) month of the Term. The fleet of clean-air or alternatively fueled vehicles shall be no older than seven (7) years of age at any time during years two (2) through ten (10) of the Agreement.
Please attach a table that includes the following information for each vehicle to be used in the first 12- months of this Franchise.
A. Make
B. Model
C. Year
D. Mileage
E. Vehicle Identification Number
F. Type of Fuel to be Used
G. Waste Stream to be Collected
H. Registered Owner
4.12. Employee Safety Training And Equipment Safety Records Describe your Organization’s training and health/safety programs for your employees. Describe employee response procedures when hazardous wastes are encountered during collection activities.
Include any employee manuals as appropriate. Provide all equipment safety records/inspections, BIT inspection, and CHP reports or citations for the most recent three (3) years.
4.13. Implementation/Transition Plan
Provide a detailed implementation plan describing the company’s plan for facilitating a smooth transition of services and, if applicable, a smooth transition between service providers. The proposal must clearly demonstrate that the company has the ability to implement the services including equipment, educational outreach, personnel administration, and maintenance requirements. Please describe any assistance that will be needed from City staff during the transition period. Proposer must include a delivery schedule with any lead-time needed for the purchase of new bins, carts, rolloff boxes, and vehicles.
4.14.Organics Waste Recycling
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 27 Proposer shall describe in their Work Plan a clear understanding of Organics Recycling (AB1826 and SB1383), and specifically identify Proposer’s’ methodology of implementing said Organics Recycling Program(s) for each identified waste sector, as presented in this Document and the Draft Franchise Agreement.
4.15. Minimum Recycling Requirement
The Proposer shall document and fully demonstrate how it will achieve a residential (as defined here in as 1-4 dwelling units) recovery and recycling rate of at least 65% of the collected waste. If the Proposer is unable to demonstrate a 65 percent (65%) diversion rate, it should demonstrate the maximum guaranteed diversion rate possible through the program and services referenced herein.
4.16. Customer Service
Contractor must provide customer service in English and Spanish. Proposer must fully describe the company’s plan for providing customer service in the City of Montebello, including the following:
A. General customer service including responding to customer inquiries and keeping the City informed of problems/issues that arise; Proposer must be able to facilitate customer service services in both English and Spanish.
B. Quarterly billing for services.
C. Customer outreach describing programs, services, and events (to be completed at the company’s expense). Company shall include such program/information at least twice annually; all material shall be reviewed with the City prior to distribution; all educational materials and public outreach must be in English and Spanish.
D. Proposer must facilitate a Website for the communication of services, recycling opportunities, bill paying services outside of the core services referenced herein and City communications relevant to waste collection, hazardous waste, special collection events, and public outreach. This site must be presented in English and Spanish.
E. At least one (1) dedicated staff member to respond to service inquiries. Such person should be identified in the Proposer’s proposal.
F. The Proposer must have a “toll-free” telephone number for the residents of Montebello to utilize for all customer service and billing needs.
4.17. Financial Stability
To demonstrate the financial stability of the responding company, each proposer will be required to submit a compiled audited financial statement for the past three (3) fiscal years. Include balance sheets and profit/loss statements, as appropriate. Additionally, the proposer must submit a listing of all leans, encumbrances, debts, bankruptcies, and the like for the last five (5) years for any public, private, or other entity.
All financial information submitted will be held confidential to the extent permitted by law.
Financial statements should be delivered inside of a sealed envelope, separate from the Contractor’s proposal, labeled “CONFIDENTIAL FINANCIAL INFORMATION.”
4.18. Insurance Information
Include documentation from your insurance carrier confirming that the responding company meets the minimum insurance requirements as stipulated in Article 11 of the Draft Franchise Agreement.
4.19. Past/Pending Litigation: Lawsuits, Claims, Judgments, Penalties, Fines And Violations
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 28 Proposer shall disclose any and all past or pending litigations, lawsuits, claims, settlements, judgments, penalties, fines and/or violations incurred or in process for the past ten (10) years in the areas referenced below.
A. Environmental & Safety
B. Criminal Actions
C. Enforcement Actions
D. Procurement Contests
E. Breach of Agreements/Contracts
F. Class Actions brought against proposer, regardless ofresolution G. Labor disputes, including strikes, walkouts, orslowdowns H. Debarment from any public entities within the last ten (10) years The Proposer should include all pertinent information (public or private) including but not limited to, date, entity or parties involved, nature/reason, and outcome (i.e., Pending, Settled, Continued, Ongoing, etc…).
4.20. Guarantees and Surety
A. Performance Guarantee
Provide a letter from a surety stating your Organization’s ability to obtain a performance bond in the amount of seven hundred fifty thousand dollars ($750,000.00).
B. Bid Bond
Each proposal must be accompanied by surety made payable to the City of Montebello in the amount of twenty-five thousand dollars ($25,000.00) in the form of a certified check, cashier’s check, or bid bond.
4.21. Statement of Compliance
Proposer must submit a Statement of Compliance with all terms and conditions of the RFP (including all terms of the Draft Franchise Agreement), and, if any, a listing of exceptions and suggested changes. A description of any cost implication for the suggested changes must also be included. The Statement of Compliance must declare either:
A. This proposal is in strict compliance with the Request for Proposal and Draft Franchise Agreement and no exceptions to either are proposed; or
B. This proposal is in strict compliance with the Request for Proposal and Draft Franchise Agreement except for the items listed
C. For each exception or suggested change, the Proposer must include a full and complete justification for the exception or suggested change.
D. Reasons for submitting the proposed exception or change E. Any impact the change or exception may have on Franchise Agreement costs, scheduling, or other considerations
SECTION 5: PROPOSAL EVALUATION CRITERIA
Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criteria in its evaluation and comparison of the proposals submitted. The criteria listed are not necessarily an all-inclusive list. The City reserves the right to modify or adjust the criteria listed below and reserves the right to adjust the total points available for each category listed. Irrespective of the total points received by any Proposer, the City also reserves the right to award the Agreement to the company which the City, in its sole discretion,
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services 2024 Page | 29 deems is best suited for the needs of the City in providing the services set forth in this RFP. The order in which they appear is not intended to indicate their relative importance:
Item Description Points Available
4.1, 4.2, 4.3 Document Organization & Completeness 10
4.4 Experience and Qualifications 20
4.5 References 5
4.6 Organization and Staffing 10
4.7 Background 10
4.8 Work Plan & Methodology 20
4.9 Disposal & MRF Facilities 15
4.10 Schedule of Services 5
4.11 Equipment List 10
4.12 Employee Safety & Training 10
4.13 Implementation/Transition Plan 15
4.14 Organic Waste Recycling 15
4.15 Minimum Recycling Requirement 5
4.16 Customer Service 5
4.17 Financial Statement 20
4.18 Insurance Information 5
4.19 Past/Pending Litigation 10
4.20 Guaranties and Surety 10
Attachment B Proposed Rates 50
Total Points Available (This Section) 250
DIVERSION CEDITS
2.1 & 2.2.2 Additional Diversion Processing Above Min. 10 Total Extra Credit Available 10
TOTAL PROPOSAL POINTS 260
Notes:
1. Should Proposer submit a “Work Plan” (Section 4.8) that is incomplete and not inclusive of all of the items, the Proposal will be deemed “Non-Responsive” resulting in a zero score for that particular incomplete item, and the Proposal may be disqualified from further consideration (To be determined by City Manager).
2. Maximum customer charges will not be the sole criteria for award of this Contract. All criteria will be considered.
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 30 SECTION 6: LIST OF ATTACHMENTS
Attachment A City Map
Attachment B Maximum Permitted Rates Schedules
Attachment C Good Corporate Citizen Statement
Attachment D Draft Franchise Agreement
Attachment E Work Plan (Place holder for Proposers’ Response to this RFP)
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 34 ATTACHMENT A: CITY MAP
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 35 ATTACHMENT B-1: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
RESIDENTIAL SERVICES
Following are the rates are from the first day that services are provided through June 30, 2027:
Monthly Residential Cart Service Rates*
Standard Service includes: One 60-gallon Solid Waste, One or more 95-gallon Recycling, and up to Two 95- gallon Green Waste Carts, and 35-gallon collection carts.
Monthly Quarterly
Standard Service $ $
Low-Income Senior Rate (1) $ $
Additional Solid Waste Cart - above standard service
Additional Solid Waste Cart - 95-gallon $ $
Additional Solid Waste Cart - 48-gallon $ $
Additional Solid Waste Cart - 21-gallon $ $
Additional Recycling Cart - 95-gallon $ $
Additional Recycling Cart - 48-gallon $ $
Additional Recycling Waste Cart - 21-gallon $ $
Additional Organic Waste Cart - 21-gallon (SB 1383) $ $ Additional Organic Waste Cart - 12-gallon (SB 1383) $ $ Additional Green Waste Cart - above two (95-gallon) $ $ Other Residential Cart Rates and Services* (Charged in Addition to Cart Service Rates) Valet Service - Authorized Disabled Customers Only. No charge Additional Special Overage Pickup for Automated Cart Customers (in excess of four pickups per year)
$
*Including all City fees.
(1) Low-income 10% Senior rate discount includes One 60-gallon Solid Waste, One or more 95-gallon Recycling, and up to Two 95-gallon Green Waste Carts, and 35-gallon collection carts.
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 36 ATTACHMENT B-2: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
MULTIPLE-FAMILY SERVICES
Following are the rates are from the first day that services are provided through June 30, 2027:
Standard Multiple-family Services Number of Collections Per Week Container Type/Size 1 2 3 4 5 ADDITIONAL PICKUPS
(SAME DAY)
95-Gallon Containers (Additional)
1.5 Cubic Yard Bin (MSW)
2 Cubic Yard Bin (MSW)
3 Cubic Yard Bin (MSW)
1.5 Cubic Yard Bin (Comingled Recycling)
2 Cubic Yard Bin (Comingled Recycling)
3 Cubic Yard Bin (Comingled Recycling)
Green Waste - 3 Cubic Yard Bin (AB 1826)
Locking Bin
Extra Dump Charge (2 & 3 CY Bin)
On-Call Bulky Item Collection
On-Call E-Waste and U-Waste Collection
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 37 ATTACHMENT B-3: TOTAL MAXIMUM PERMITTED RATE SCHEDULE
TEMPORARY BIN/BOX SERVICE
Following are the rates for March 1, 2020, through June 30, 2021:
Standard Temporary Bin/Box Service Charge
Container Type/Size Pickup/Delivery
Charge
Per Dump
Charge
*Overweight
Charge
Per ton
Daily rental
after 7 days
without dump
Dead Run
charge
10 Cubic Yard Rolloff Bin (C&D, Other) $ $ $ $ $
15 Cubic Yard Rolloff Bin (C&D, Other) $ $ $ $ $
20 Cubic Yard Rolloff Bin (C&D, Other) $ $ $ $ $
30 Cubic Yard Rolloff Bin (C&D, Other) $ $ $ $ $
40 Cubic Yard Rolloff Bin (C&D, Other) $ $ $ $ $
Low-boy or reduced-height containers $ $ $ $ $
*Overweight charge shall only apply to loads in excess of seven (7) tons.
Rate Composition
During the Term of this Agreement, all franchise rates will be divided into two rate components: “Collection” and “Disposal.” Such a “component” breakdown must be disclosed to the City within the initial rates for this Agreement and as part of any subsequent rate increase request by the Contractor.
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 38 ATTACHMENT C: GOOD CORPORATE CITIZEN STATEMENT
1. Good corporate citizens enhance Montebello through employment practices:
• Hire Montebello residents when possible
• Provide training and promotion opportunities for all workers • Provide adequate wages and benefits
• Provide safe, clean, and healthy work environment
• Provide family friendly benefits that support family life such as maternity/paternity leave, childcare and day care
2. Good corporate citizens enhance Montebello through environmental responsibility:
• Use Montebello sources for goods
• Minimize use of resources
• Used recycled content products wherever possible
• Use energy efficient systems
• Support opportunities for employees to use carpools/public transportation
3. Good corporate citizens enhance Montebello through excellent customer service practices:
• Being responsive to Montebello residents’ complaints
• Being courteous and helpful
• Being bi-lingual
• Extending a helping hand to the seniors and handicapped
4. Good corporate citizens enhance Montebello through financial practice:
• Purchase supplies locally
• Support Montebello youth teams, local schools, and community organizations. • Support volunteerism and community involvement by employees • Support and participate in Montebello community events
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 39 ATTACHMENT D: DRAFT FRANCHISE AGREEMENT
THE DRAFT AGREEMENT IS PROVIDED AS A TEMPLATE OF ANTICIPATED TERMS. FINAL TERMS SHALL BE DEFINED UPON THE AWARD OF FRANCHISE.
City of Montebello RFP – Residential Solid Waste and Recycling Collection Services Page | 40 ATTACHMENT E: WORK PLAN
(PLACE HOLDER FOR PROPOSERS’ RESPONSE TO THIS RFP)
ITEM # 8
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL TO AWARD AN EXCLUSIVE
RESIDENTIAL FRANCHISE FOR RESIDENTIAL SOLID WASTE AND
RECYCLING SERVICES PURSUANT TO RFP NO. 24-00
DATE: October 23, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Award an exclusive residential franchise for solid waste, recycling, and organics collection and processing services to the lowest responsive proposer based on proposals received and evaluation ratings conducted pursuant to Request for Proposal (RFP) No. 24-00; and,
2. Authorize the City Manager to begin negotiations for exclusive residential solid waste, recycling, and organics services with Arakelian Enterprises, Inc., doing business as Athens Services, as the most responsive proposer for all single-family residential units and multiple-family residential premises having less than four units and, if unsuccessful, continue negotiations with the two other proposers according to the overall rating criteria set forth below; and,
3. Authorize the City Manager to negotiate the final terms of the agreement relating to the award of the residential franchise; and,
4. Authorize the City Manager to execute the final agreement relating to the award of the residential franchise.
FISCAL IMPACT:
The residential solid waste franchise award to Arakelian Enterprises, Inc., doing business as Athens Services, is reflective of a proposal with the lowest response rate of $43.94 per month for the core services set forth in the RFP for single family residential dwellings.
The rate is inclusive of the necessary requirements needed to fulfill the changing
ATTACHMENT E
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 23, 2024
parameters of CalRecycle as well as the legislative programs that have been established relative to solid waste, recycling, and organics collection services. The established rate applies to single family residential units and multiple family residential dwellings with less than four (4) units per address for which are billed through the residential property tax process handled by the Los Angeles County Auditor/Controller. The rate established sets forth a rate stabilization model to ensure the long-term viability of the City's compliance with State mandates and increases vital services to residents.
Among the services that are included in the award are new clean burning collection vehicles that are compliant with Air Quality Management District (AQMD) requirements as well as all State and federal regulations; a rate adjustment tied to changes in the Consumer Price Index (CPI); standardized automated cart services for all commodities with at least 75% of collected residential material diverted, recovered, or recycled through the automated cart service; the delivery of new color-coded carts delivered throughout the City that clearly identify commodities for each cart provided; unlimited bulky item pickups for residential units with a five-item limit per pickup; the collection of abandoned or illegally discarded bulky item waste throughout the City on regular collection days; Citywide Quarterly cleanups; and a minimum of two residential mulch and composting giveaway opportunities for Montebello residents. The rates not only include services for solid waste and recycling but also green waste and organics collection which will incorporate food scraps and food soiled paper into a combined system which will assist the City in meeting diversion requirements established by the State.
The franchise also includes a sixteen percent (16%) franchise fee paid to the City. The franchise fee will be calculated based on gross receipts. The current franchise agreement does not have a provision for payment of a franchise fee. This will be a new source of revenue received by the General Fund. At this point, it is not possible to provide an estimate of annual franchise fee revenue. However, staff will work with the refuse operator once an agreement is executed and updates will be provided, most likely through the Fiscal Year 2025-26 budget process.
BACKGROUND/DISCUSSION:
The franchise agreement with the City's current hauler ends on February 11, 2025, which resulted in the City having to conduct a formal request for proposal for residential solid waste, recycling, and organics collection and processing in order to continue providing essential services to residents and comply with CalRecycle mandated requirements and State legislative enactments. The City's current franchised residential solid waste and recycling hauler provides solid waste, recycling, and composting services to the City and diverts valuable resources from landfills. Per the City's existing franchise agreement, they are responsible for implementing all the requirements set forth by CalRecycle relative to residential services provided in the City.
CalRecycle regulates the operation of solid waste facilities throughout the State of California. It is a core value of CalRecycle to manage and mitigate the impacts of solid waste on public health and safety and the environment by enforcing compliance with regulations and state minimum standards through integrated and consistent permitting, inspection, and enforcement efforts. Additionally, the City is required to comply with the
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 23, 2024
requirements of Senate Bill (SB) 1383, which is the most comprehensive change in solid waste regulations since the inception of AB 939. To comply with SB 1383, the City, through its franchised waste hauler, is required to ensure that all residents recycle their organic waste. Incorporating the new regulations into the City’s next franchise agreement is both necessary and timely given that the current contract is set to expire. The onus is on the City to enforce waste reduction through various means, including, but not limited to inspections/audits of refuse containers.
As directed by City Council on May 23, 2024, the City released RFP No. 24-00 to the 12 nonexclusive franchise haulers authorized to conduct business within the City. The purpose of the release was to allow all haulers that were in good standing with the City, at the time of the solicitation’s release, an equal opportunity to provide responses for the residential solid waste, recycling, and organics collection and processing services that are required for the City’s single family residential units and multiple family residential premises having less than four units.
According to the City's approved RFP, all recipients were permitted time to review the solicitation documents and submit questions for clarification. Upon receipt of the questions submitted, City staff prepared formal responses which were distributed to all the City’s approved franchises within the stated time period identified. On September 3, 2024, the City Clerk closed the formal solicitation process pursuant to the specifications outlined in the RFP. Based on the RFP documents submitted, there were three solid waste providers that submitted responses. The City Clerk’s office received responses from Athens Services, NASA Services, and Ware Disposal. According to the City Clerk’s office, no other responses were received from the other nine authorized haulers. The responses were distributed to a rating panel consisting of three individuals affiliated with the City.
Each of the raters was given directions as to the overall rating criteria and the necessary rating forms. The RFP scoring criteria referred to a maximum of 260 possible points with 200 points possible for overall services relating to the scope of services requested, 50 points being possible for the proposed rates, and 10 points being possible for additional diversion credit beyond the RFP requirements.
Each member of the panel conducted an independent evaluation of the submitted proposals and scored them based on their individual understanding of the required services within the RFP. Once all raters had completed their individual analysis, the results were tabulated and combined into a single rating form for each of the responding entities. At no time during the evaluation process did the raters meet or discuss individual scoring criteria or compare findings. The results were then consolidated into a single rating sheet without reference to any individual rater and provided to the City Manager for consideration and recommendation to the City Council.
The results of the rating panel are as follows:
RFP No. 24-00 Consolidated Rating Analysis
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 23, 2024
Points
Available
Athens
Services
NASA
Services
Ware Disposal
Scope of
Services
200 186 162 150
Proposed Rates 50 50 45 40
Diversion Credit 10 4.66 5.34 6.00
TOTAL 260 240.7 212.3 196
NOTE: The complete Consolidated Rating Analysis is included in this staff report as Attachment B.
For City Council consideration, included below is the proposed monthly residential cost that was received by each bidder. As previously mentioned, Athens Services submitted the lowest responsive rate at $43.94.
Athens NASA WARE Average
Residential $43.94 $44.15 $45.23 $44.44
Differential ($0.50) $0.21 $1.29
NOTE: The Core Multifamily service is based on cart service, Analysis is based on 1.5 Cubic yard bin collected once per week.
For comparison purposes, the current (July 1, 2024 - June 30, 2025) monthly rate is $32.67, as approved by the City Council at a public hearing on June 26, 2024. Refuse rates are adjusted annually, in accordance with the County of Los Angeles' process for placing direct assessments on property tax bills. Updated rates for this new franchise would become effective July 1, 2025. Approval of this franchise does not impact current rates which will remain at $32.67 through June 30, 2025.
Based on the individual and combined scores (including residential rate), the rating panel recommended Athens Services as the most responsive proposer for the City’s solid waste, recycling, and organics services for the City’s residential services.
ENVIRONMENTAL:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Sections 15378 and 21065 because it is an organizational or administrative activity of government that will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
ANALYSIS:
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 23, 2024
N/A
SUMMARY:
Staff recommends that the City Council award the residential franchise services to Arakelian Enterprises, Inc., doing business as Athens Services, as the most responsive proposer; and authorize the City Manager to enter into negotiations with Athens Services; and if unsuccessful, begin negotiations with the two other proposers according to the overall rating criteria set forth herein. Upon Council approval, staff will proceed with the recommended actions.
ATTACHMENT(S)
1. Attachment A - Consolidated Scoring Form
City of Montebello CONSOLIDATED RATING SHEET
RFP 24-00
Residential Solid Waste Recycling Collection Services
COMPANY ALL RESPONDENTS
Item Description Points
Available Athens NASA WARE
4.1, 4.2, 4.3 Document Organization & Completeness 10 9.3 9.0 6.3
4.4 Experience and Qualifications 20 19.3 17.0 16.6
4.5 References 5 5.0 4.3 3.3
4.6 Organization and Staffing 10 9.3 8.0 7.0
4.7 Background 10 9.7 9.0 7.0
4.8 Work Plan & Methodology 20 18.3 17.0 14.7
4.9 Disposal & MRF Facilities 15 13.0 12.0 10.6
4.1 Schedule of Services 5 3.3 4.3 4.3
4.11 Equipment List 10 10.0 7.7 6.3
4.12 Employee Safety & Training 10 9.7 8.7 9.0
4.13 Implementation/Transition Plan 15 14.6 13.7 11.0
4.14 Organic Waste Recycling 15 15.0 10.3 11.7
4.15 Minimum Recycling Requirement 5 4.0 3.7 3.3
4.16 Customer Service 5 4.7 3.3 2.6
4.17 Financial Statement 20 18.3 15.3 15.0
4.18 Insurance Information 5 5.0 5.0 4.3
4.19 Past/Pending Litigation 10 7.3 3.7 8.0
4.2 Guaranties and Surety 10 10.0 10.0 8.7
SECTIONS 4.1 - 4.2 SUBTOTAL 200 186.0 162.0 150.0
Attachment B Proposed Rates 50 50.0 45.0 40.0
Total Points Available (This Section) 250 236.0 207.0 190.0
DIVERSION CEDITS
2.1 Additional Diversion Processing Above
75% (Residential) 5 2.3 2.7 3.0
2.2.2 Additional Diversion Processing Above
75% (Multiple-Family) 5 2.3 2.7 3.0
TOTAL PROPOSAL POINTS 260 240.7 212.3 196.0
ATTACHMENT A
ITEM # 9
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Ramon Figueroa, Director of Human Resources
SUBJECT: PRESENTATION OF STATUS OF VACANCIES AND RECRUITMENT
AND RETENTION EFFORTS IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 3502.3
DATE: June 11, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Conduct a public hearing to present the status of vacancies and recruitment and retention efforts in accordance with Government Code section 3502.3; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There are no identifiable fiscal impacts associated with conducting the public hearing required under Government Code section 3205.3.
BACKGROUND/DISCUSSION:
Assembly Bill 2561 (“AB 2561”) was signed into law and became effective January 1, 2025. AB 2561 established Government Code section 3502.3 requiring California public agencies to present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board on an annual basis. The presentation must be made prior to the adoption of a final budget. The City’s recognized employee associations have the opportunity to make a presentation during the public hearing concerning vacancies and recruitment and retention efforts. The City has ten (10) bargaining units. Additional reporting obligations exist, upon request from the impacted recognized employee organization(s), if vacancies within a bargaining unit meet or exceed twenty percent (20%) of the total number of authorized positions.
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
This report presents an overview of the City's workforce composition, vacancy trends, and ongoing efforts to attract and retain talented employees. While recruitment and hiring remain key priorities, the City is equally committed to long-term retention through strategies such as incentive programs, career advancement opportunities, and workplace enhancements—including flexible schedules, professional development, and employee engagement initiatives.
ENVIRONMENTAL:
N/A
ANALYSIS:
On September 22, 2024, Governor Gavin Newsom signed AB 2561 into law, amending the Meyers-Milias-Brown Act (“MMBA”) and establishing Government Code section 3502.3 (“GC 3502.3”). This new provision imposes a requirement on public agencies to publicly report on the status of staffing vacancies at a public hearing. GC 3502.3 provides recognized employee organizations, regardless of the vacancy rate, the opportunity to make a presentation before the governing board of a public agency during the same public hearing in which the public agency makes its annual presentation on vacancies. If the number of vacancies meets or exceeds twenty percent (20%) of the total number of authorized full-time positions in a particular bargaining unit, the City must include additional information in its presentation, upon request of the recognized employee organization.
City of Montebello Bargaining Groups
There are ten (10) bargaining units and one (1) unrepresented employee unit at the City consisting of six hundred five (605) authorized regular full-time positions.
Table 1: Count of Regular Full-Time Positions by Bargaining Group as of February 26, 2025
City of Montebello Bargaining Group Position Count
Montebello City Employees’ Association 112
Montebello Supervisors’ Association 30
Montebello Mid-Management Association 39
International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD)
186
Montebello Police Officers’ Association 73
Montebello Firefighters’ Association 68
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
Montebello Police Management Association 10
Montebello Fire Management Association 9
Montebello Management Professionals Association 45
Montebello Executive Management Association 9
Unrepresented Full-Time Employees 23
Vacancies, Recruitment, Retention
Vacancies
Position vacancies may result from a variety of circumstances, including the authorization of newly budgeted positions, internal personnel movements such as promotions or transfers, or the separation of employees. Addressing these vacancies is a critical priority for both the Human Resources Department and department hiring managers. Prompt action to fill vacant positions is essential to ensure continuity of public services, preserving operational efficiency, minimizing reliance on overtime, and reducing disruptions to departmental performance. Timely recruitment and hiring efforts not only support the City’s ability to meet community needs and uphold service standards, but also provide pathways for internal promotional advancement and the acquisition of qualified external candidates.
It has been a priority for departments to fill vacancies as soon as reasonably possible.
As of April 28, 2025, the City’s average vacancy rate across all groups is fifteen and four tenths percent (15.4%). The vacancy rate by bargaining group is listed in Table 2.
Table 2: Vacancy Rate by Bargaining Group as of April 28, 2025 City of Montebello Bargaining Group Vacancy Rate
Montebello City Employees’ Association 22.0%
Montebello Supervisors’ Association 26.7%
Montebello Mid-Management Association 10.3%
International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD)
22.6%
Montebello Police Officers’ Association 12.3%
Montebello Firefighters’ Association 7.4%
Montebello Police Management Association 10.0%
Montebello Fire Management Association 0%
Montebello Management Professionals Association 28.9%
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
Montebello Executive Management Association 11.1%
Unrepresented Full-Time Employees 18.2%
Recruitment and Retention Efforts
The Human Resources Department recognizes that effective recruitment involves identifying, attracting, and securing qualified candidates, while retention focuses on fostering employee engagement, satisfaction, and long-term commitment to the organization. Both functions are essential to the City's success. Table 3 lists some of the recruitment initiatives the City has in place to attract qualified applicants.
Table 3: Expanded Recruitment Efforts
City of Montebello Recruitment Initiatives
City Council approved $2,000 sign-on bonus for Bus Operator candidates City Council approved $10,000 sign-on bonus for Lateral Police Officers Utilizing NEOGOV to manage and attract applicants
Utilizing Governmentjobs.com to post all positions
Leveraging LinkedIn to market and attract applicants to certain positions Hosting and attending various job fairs
Marketing career opportunities through the City’s social media and community events
Tapping into the City’s talented applicant pool with closed/promotional recruitments
Reinstating the Trainee program for hard to fill positions Training management on how to effectively and efficiently navigate the recruitment and selection process
In calendar year 2024, Human Resources recruitment staff carried a higher-than-normal workload. For the four (4) Human Resources Analysts assigned to recruitment, that is an average of about twenty-six (26) recruitments per Analyst. These recruitments included positions in Executive Management, police, fire, safety-sensitive employees in the Transportation Departments, as well as various miscellaneous positions.
Table 4: 2024 Recruitment Data
City of Montebello Recruitments Number
Number of recruitments in 2024 103
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
Number of new full-time hires in 2024 121
Number of promotions in 2024 37
Employee retention is a priority among City management and the City’s labor organizations. Effective succession planning is critical to ensuring the City's long-term success. However, such planning is hindered if the organization is unable to retain its most valuable asset—its workforce.
Table 5: Expanded Retention Efforts
City of Montebello Retention Initiatives
Establishing a new onboarding program through NEOGOV
Offering tuition reimbursement to support career development Increasing opportunities for internal promotions and career path planning Recognizing employee contributions through employee appreciation events Enhancing employee wellness programs, including mental health resources and fitness incentives.
Enhancing compensation and other terms and conditions of employment through collective bargaining
SUMMARY:
This report provides a comprehensive overview of the City of Montebello’s workforce composition, vacancy trends, and the City's current recruitment and retention strategies.
The City recognizes the urgency of addressing staffing vacancies to maintain the quality and continuity of public services.
The Human Resources Department, in collaboration with City leadership, continues to implement and expand targeted recruitment and retention initiatives aimed at strengthening workforce stability. These efforts include sign-on bonuses for critical positions, enhanced outreach and marketing, internal promotion pathways, professional development support, and improved workplace conditions.
While recruitment remains a high priority, the City acknowledges that long-term organizational success is equally dependent on employee retention. Investments in succession planning, employee wellness, career development, and engagement programs will continue to be critical components of the City’s workforce strategy.
Through these ongoing efforts, the City remains committed to building a resilient, wellsupported workforce capable of meeting the evolving needs of the community and
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
sustaining high standards of public service delivery.
ATTACHMENT(S)
None
ITEM # 10
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: ADOPTION OF FIRE HAZARD SEVERITY ZONES (FHSZ) PURSUANT TO GOVERNMENT CODE SECTION 51178
DATE: June 11, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Conduct a first reading and introduction of Ordinance No. 2480 entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, DESIGNATING FIRE HAZARD SEVERITY ZONES,” accepting and implementing the updated California Department of Forestry and Fire Protection (CAL FIRE) Local Responsibility Area (LRA) maps for Montebello; and,
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The recommended action has no fiscal impact.
BACKGROUND/DISCUSSION:
The California Department of Forestry and Fire Protection (CAL FIRE) periodically updates fire hazard severity zone maps for Local Responsibility Areas (LRAs) throughout the state. These maps identify varying levels of fire hazard (Moderate, High, and Very High) based on factors including vegetation, topography, weather, crown fire potential, and ember production and movement. Pursuant to Government Code Sections 51175- 51189, local jurisdictions are required to formally adopt these maps by ordinance to ensure proper implementation of associated building standards and fire safety requirements in identified hazard zones.
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
CAL FIRE has completed its latest assessment of fire hazards in the City and has provided updated LRA maps that reflect current conditions and risk factors in Montebello.
The proposed Ordinance No. 2480 (Attachment A) formally adopts these updated maps and authorizes their use for:
1. Determining applicable building standards for new construction
2. Implementing defensible space requirements
3. Disclosure requirements during real estate transactions
4. Emergency planning and fire prevention efforts
The updated maps incorporate the latest scientific methodologies and data, including vegetation mapping, fire history, weather patterns, and terrain analysis. These improvements enhance the City's ability to identify at-risk areas and implement appropriate mitigation measures.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
CAL FIRE has completed its latest assessment of fire hazards in Montebello and has provided updated Local Responsibility Area maps that reflect current conditions and risk factors. California law requires the City to adopt the maps through an ordinance (Attachment A) to ensure compliance with state law and support the City’s wildfire prevention and safety efforts.
ATTACHMENT(S)
1. Attachment A - Ordinance 2480_Local Risk Area Maps
2. Attachment B - Montebello Identified in Fire Hazard Severity Zone Maps_Press Release Map
ATTACHMENT A
ORDINANCE NO. 2480
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO DESIGNATING FIRE HAZARD SEVERITY ZONES
A. RECITALS.
(i) The Legislature has declared in Government Code Section 51175(a):
“Wildfires are extremely costly, not only to property owners and residents, but also to local agencies. Wildfires pose a serious threat to the preservation of the public peace, health, or safety. The wildfire front is not the only source of risk since embers, or firebrands, travel far beyond the area impacted by the front and pose a risk of ignition to a structure or fuel on a site for a longer time. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control. Preventative measures are needed to ensure the preservation of the public peace, health and safety.”
(ii) Pursuant to Government Code Section 51179(a), the city is required to designate, by ordinance, Moderate, High, and Very High Fire Hazard Severity Zones in its jurisdiction, within 120 days of receiving recommendations from the State Fire Marshal pursuant to Government Code Section 51178.
(iii) In March, 2025, the State Fire Marshal updated and established Moderate, High, and Very High Fire Hazard Severity Zones for Los Angeles, California, including the City of Montebello, and published a map showing those zones (“Fire Zone Map”.) (iv) The Montebello Fire Department has reviewed the Fire Zone Map and believes it accurately represents the Moderate, High, and Very High Fire Hazard Severity Zones in the City.
ORDINANCE NO. 2480
(v) On or about March 24, 2025, information concerning the State Fire Marshal’s recommendation for the designation of fire severity zones was made available for public review.
(vi) All legal prerequisites to the adoption of this Ordinance have occurred. (Legal Review NEEDED)
B. ORDINANCE.
NOW, THEREFORE, the City Council of the City of Montebello does hereby find and ordain as follows:
SECTION 1. The facts set forth in the Recitals, Part A, of this Ordinance, are true and correct.
SECTION 2. The City of Montebello hereby designates the Moderate, High, and Very High Fire Hazard Severity Zones as those areas identified in the attached Exhibit A, which is incorporated by reference.
SECTION 3. Any and all provisions in any previously adopted City ordinances designating Fire Severity Zones within the City of Montebello’s jurisdiction, are superseded by the provisions of this Ordinance.
SECTION 4. The Senior Deputy City Clerk shall certify to the adoption of this Ordinance.
[Signatures on the following page.]
ORDINANCE NO. 2480
PASSED, APPROVED, AND ADOPTED ____ DAY OF ______ 2025.
__________________________________
Salvador Malendez, 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 ____ of _____, 2025, and was adopted by the City Council of the City of Montebello at a meeting thereof held on the ___ day of _______, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Christopher Jimenez, City Clerk
City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA) Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:35,000 at 11" x 17"
Km 012
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Mi 01 Area (LRA), as Identified by the State Fire Marshal
Montebello
72 60
UNINCORPORATED
LOS ANGELES CO.
UNINCORPORATED
LOS ANGELES CO.
UNINCORPORATED
LOS ANGELES CO.
BELL
BELL GARDENS
COMMERCE
DOWNEY
MONTEREY PARK
PICO RIVERA
ROSEMEAD
SOUTH
EL MONTE
WHITTIER
March 24, 2025
As Identified by the
State Fire Marshal Local Responsibility Area
Fire Hazard Severity Zones
CITY OF MONTEBELLO – LOS ANGELES COUNTY
Very High High Moderate
ATTACHMENT B
ITEM # 11
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: ADOPT RESOLUTION NO. 25-43 APPROVING THE FISCAL YEAR 2025-26 PROJECT LIST FOR SENATE BILL 1 “THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017” (SB1/RMRA) FUNDED
PROJECTS
DATE: June 11, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Adopt Resolution No. 25-43 approving the Fiscal Year 2025-26 project list for Senate Bill 1, the Road Repair and Accountability Act of 2017 (SB1/RMRA) funded projects; and
2. Authorize staff to submit the resolution and project list to the California Transportation Commission (CTC); and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Prior to receiving an apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds from the California State Controller in a fiscal year, the City must submit to the California Transportation Commission (CTC) an adopted list of projects proposed to be funded with SB1/RMRA funds by July 1, 2025. All projects proposed to receive the fiscal year funding (Attachment A) must be adopted by resolution per Streets and Highways Code Section 2034(a)(1).
The roadway segments listed on the attached resolution intend to use a combination of Maintenance of Effort (MOE) funds ($2,438,124) and SB1/RMRA funds (approximately $1,696,938), which have been made available by the Local Streets and Roads Funding Program and meets the intent of the funding as indicated in Streets and Highway Code
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
Section 2030(a) and the 2024 Local Streets and Roads Funding Program Reporting Guidelines. The estimated total project cost for the design, construction and management/oversight of the projects is $4,135,062. Once the design is completed, staff will present a more concise budget estimate to the City Council for consideration and approval.
The Fiscal Year 2025-26 proposed budget will include revenue estimates for SB1 funding, as well as appropriations necessary for the projects listed on Attachment A. The FY 2025-26 proposed budget will include a Capital Improvement Program (CIP) that outlines fully the various projects to be funded with SB1 revenue.
BACKGROUND/DISCUSSION:
On April 28, 2017, the Governor signed Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, to address transportation funding shortfalls statewide. SB 1 increased per gallon fuel excise taxes and diesel fuel sales taxes as well as vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.
SB1 established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund.
Beginning in January 2018, the State Controller deposited funds generated from increased fuel taxes and vehicle registration fees into the RMRA. A portion of the RMRA funds is distributed on a monthly basis to the City for basic road maintenance, rehabilitation and critical safety projects on local streets and road systems.
SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. In order to be eligible for RMRA funding in Fiscal Year 2025-26, the City must adopt a resolution approving the list of projects to receive RMRA funding. Staff recommends that SB 1 funding be applied towards the following streets in accordance with the City’s approved Pavement Management Program.
FY 2025-26 SB 1 Rubberized Asphalt Street Enhancement Project Street Names From To
W BURKE DR POPLAR AV END
N 6th ST W OAKMONT DR LINCOLN AVE
VIEWCREST E OAKMONT DR RAYWOOD AV
N VAIL AV LOMA RD WESTMORELAND DR
SAN ANTONIO DR N WILCOX AV 20TH ST
VIA SAN DELARRO BRADSHAWE ST West CITY LIMITS
N 19TH STREET ST W BEVERLY BLVD W MADISON AV
N 20TH ST W MADISON AV W LINCON AV
N LEONARD ST BARR AV DEWAR AV
FINDLAY AVE BEVERLY BLVD SOUTH CITY LIMITS
N 21ST STREET W BEVERLY BLVD W MADISON AV
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
N 7TH STREET W LINCOLN AV W MADISON AV
E FREMONT SQ POPLAR AV END
N 6TH ST W LINCOLN AV W MADISON AV
S 5TH ST W WHITTIER BLVD W OLYMPIC BLVD
S 2ND ST HARDING AV LOS ANGELES
N GREENWOOD AV W CLEVELAND AV W OLYMPIC BLVD
CALIFORNIA AV W WHITTIER BLVD LOS ANGELES AV
THYNNE ST FERGUSON DR END
JOYCE ST FERGUSON DR END
WORK ST FERGUSON DR END
HORNBY ST FERGUSON DR END
HEREFORD DR PICKERING WY S CONCOURSE AV
DATE ST S GREENWOOD AV SPRUCE ST
S SPRUCE ST DATE ST OAKWOOD ST
OAKWOOD ST S SPRUCE ST S GREENWOOD
CAROB WY E WASHINGTON BLVD JACMAR DR
GREENWOOD AVE SYCAMORE ST END
Following City Council approval and acceptance of the streets to be rehabilitated, SB 1 funding guidelines require staff to submit to the California Transportation Commission (CTC) the proposed project list and adopt a resolution (Attachment A).
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend the City Council approve Resolution No. 25-43 (Attachment A), approving submission of the project list to the California Transportation Commission that will utilize RMRA/SB1 funds in FY 2025-26.
ATTACHMENT(S)
1. Attachment A - Resolution No. 25-43
Attachment A
RESOLUTION NO. 25-43
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Montebello are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Montebello must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Montebello, will receive an estimated $1,696,938 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, this is the ninth year in which the City of Montebello is receiving SB 1 funding and will enable the City of Montebello to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Montebello has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Montebello used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Montebello maintain and rehabilitate local roadways and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City of Montebello’s streets and roads are in a poor condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into excellent and good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Montebello, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2025- 26 Road Maintenance and Rehabilitation Account revenues:
Project Title: FY 2025-26 SB 1 Rubberized Asphalt Street Enhancement Project Project Description: City shall utilize Rubberized asphalt, which is a hot-mixed asphalt pavement containing crumb rubber. The crumb rubber serves as a “modifier” of the liquid asphalt. Its addition gives the liquid asphalt greater viscosity (resistance to flow) and improves other properties which resist reflective cracking and rutting and prolong pavement life. Crumb rubber utilized is generated from processing scrap tires. The tires are shredded, and the steel reinforcement and fibers separated from the rubber.
Project Location:
FY 2025-26 SB 1 Rubberized Asphalt Street Enhancement Project Street Names From To
W BURKE DR POPLAR AV END
N 6th ST W OAKMONT DR LINCOLN AVE
VIEWCREST E OAKMONT DR RAYWOOD AV
N VAIL AV LOMA RD WESTMORELAND DR
SAN ANTONIO DR N WILCOX AV 20TH ST
VIA SAN DELARRO BRADSHAWE ST West CITY LIMITS
N 19TH STREET ST W BEVERLY BLVD W MADISON AV
N 20TH ST W MADISON AV W LINCON AV
N LEONARD ST BARR AV DEWAR AV
FINDLAY AVE BEVERLY BLVD SOUTH CITY LIMITS
N 21ST STREET W BEVERLY BLVD W MADISON AV
N 7TH STREET W LINCOLN AV W MADISON AV
E FREMONT SQ POPLAR AV END
N 6TH ST W LINCOLN AV W MADISON AV
S 5TH ST W WHITTIER BLVD W OLYMPIC BLVD
S 2ND ST HARDING AV LOS ANGELES
N GREENWOOD AV W CLEVELAND AV W OLYMPIC BLVD
CALIFORNIA AV W WHITTIER BLVD LOS ANGELES AV
THYNNE ST FERGUSON DR END
JOYCE ST FERGUSON DR END
WORK ST FERGUSON DR END
HORNBY ST FERGUSON DR END
HEREFORD DR PICKERING WY S CONCOURSE AV
DATE ST S GREENWOOD AV SPRUCE ST
S SPRUCE ST DATE ST OAKWOOD ST
OAKWOOD ST S SPRUCE ST S GREENWOOD
CAROB WY E WASHINGTON BLVD JACMAR DR
GREENWOOD AVE SYCAMORE ST END
Estimated Project Schedule: Design to start in July of 2025 and will be completed by December 2026. Construction will commence in March of 2026 and be completed by September of 2026.
Design: Preparation of plans, specifications, and estimates (including standard plans, and specifications) for physical construction projects financed with SB 1 funds. The preparation of plans, specifications, and estimates (PS&E) for roadway construction projects is essential in order to facilitate construction, provide contract control, estimate construction costs, and provide a uniform basis for bidding purposes.
Estimated Project Useful Life: 20 to 25 years.
PASSED AND ADOPTED by the City Council of the City of Montebello, State of California this 11th day of June 2025, by the following vote:
_______________________________
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. 25-43 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 11th day of June 2025 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ITEM # 12
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: ACCEPTANCE OF THE RIO HONDO ACCESS IMPROVEMENT PROJECT (LANDSCAPE) (C.P. 924) – NOTICE OF COMPLETION
DATE: June 11, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Accept the Rio Hondo Access Improvement Project (Landscape) (C.P. 924) as completed by Voltaire Engineering, Inc.; and,
2. Approve the final contract amount with Voltaire Engineering, Inc. for the Project in the amount of $466,827, inclusive of all change orders; and,
3. Approve the Final Total Project Budget (Attachment A); and,
4. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder; and,
5. Authorize the release of the retention payment of $23,341 due to Voltaire Engineering, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and,
6. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The final project budget (Attachment A) includes the City Council’s previously approved amount of $437,545 for Voltaire Engineering, Inc. and outlines the total project expenditures of $466,827. While the additional work exceeded the approved budget, it was necessary to address unforeseen critical issues.
Survey staking was required to determine accurate elevations and property boundaries — an item not included in the original scope of work. Furthermore, during construction, it was discovered that the existing water meter, which controls both the new irrigation
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
system and water fountain, was located beneath the concrete sidewalk. Since future maintenance of the water meter is anticipated, staff determined it would be more practical to relocate it to an accessible area. This required demolition and the repouring of a portion of the sidewalk. In addition, near the Rio Hondo Access Improvement Project Site, there is a retirement home. Residents and staff of the retirement home were observed using the hillside as a shortcut to access the open space, which posed a threat to their safety and began to damage the newly installed landscaping. To ensure pedestrian safety and preserve the landscaping, staff recommended installing a chain-link fence to guide foot traffic to the sidewalk and designated access points.
To fund the project, staff allocated $437,545 in Measure A Parks funding (Account No. 221-70-742-6040.96, Measure A Parks, Parks and Recreation, Rio Hondo River Access Project, Contract Services Engineering Design Service). Additionally, staff identified $29,282 in Measure A Parks funding to finalize the closeout of the Project, for a total project budget of $466,827. A budget amendment will not be required as sufficient appropriations exist in the Fiscal Year 2024-25 budget (Account No. 221-70-742- 6040.96).
BACKGROUND/DISCUSSION:
On December 5, 2024, the City Council approved a $397,768 construction landscaping contract with Voltaire Engineering, Inc. for the Rio Hond Access Improvement Project.
Additionally, the Director of Public Works was authorized to review and approve change orders within a 10% contingency (i.e., up to $39,777), bringing the total not-to-exceed amount to $437,545 for the Project (C.P. 924). As discussed above in the "Fiscal Impact" section, additional critical work was required to complete the project in the amount of $29,282, bring the final project budget to an amount of $466,827.
This project enhances connectivity from the Rio Hondo River entrance to Beverly Boulevard and Grant Rea Park. The project includes improvements to lighting and landscaping, as well as the addition of amenities such as benches, bicycle racks, horse hitching posts, shade structures, and an electronic sign — which will be completed as part of Phase II. The project was deemed to be substantially completed on June 11, 2025.
The Construction Manager overseeing and inspecting the project determined that the project was completed satisfactorily and in compliance with the contract plans and specifications.
It is recommended that the City Council accept the project as satisfactory and complete pursuant to Civil Code Section 3093. Upon acceptance of the project, staff will file the “Notice of Completion” with the County Recorder’s Office. Thirty-five (35) days after the recordation of the Notice of Completion by the County Recorder’s Office, the City will release all applicable bonds and release the retention if no Stop Notices are filed within the 35-day period.
ENVIRONMENTAL:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
ANALYSIS:
N/A
SUMMARY:
Staff is recommending that the City Council accept the Project as completed, approve the final Project budget and expenditures, including change orders, authorize the City Clerk to execute, verify and file the Notice of Completion with the Los Angeles County Registrar-Recorder and authorize the City Manager to release the retention payment due to Voltaire Engineering, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded.
ATTACHMENT(S)
1. Attachment A - Final Total Project Budget
2. Attachment B - Notice of Completion
Rio Hondo Access Improvement Project - Landscape (CP 924) Project Expenses Final Cost
Invoice #001 $ 77,071.13
Invoice #002 (Includes Change Order 1 & Partial Change Order 2) $ 115,084.05 Invoice #003 (Includes Partial Change Order 2) $ 209,836.24 Invoice #004 (Includes Change Order 3) $ 28,083.85
Invoice #005 $ 13,410.20
Retention $ 23,341.35
Change Order #1 $ 15,741.50
Change Order #2 $ 23,755.86
Change Order #3 $ 29,561.95
Total Project Cost: $ 466,826.82
Project Funding Budget Amount
Construction Contract Award Amount (Awarded at the December 5, 2024 City Council Meeting) $ 397,768.00
Construction Contingency (Awarded at the December 5, 2024 City Council Meeting) $ 39,777.00 Total Project Budget: $ 437,545
$ (29,281.82)
Note: There is a project deficit of $29,281.82, staff identified funding in 221-70-742-6040.96 (Measure A Local, Parks & Recreation, Rio Hondo Access Improvement Project, Contract Services Engineering Design Service) to cover this deficit. Staff will work on a Change Purchase Order to include these fund to close out the project.
Attachment A
RECORDING REQUESTED BY
CITY OF MONTEBELLO
AND WHEN RECORDED MAIL TO
NAME CITY OF MONTEBELLO
CITY CLERK
STREET 1600 W Beverly Blvd.
ADDRESS
CITY Montebello,
STATE CA
ZIP 90640 SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Montebello
3. The full address of the owner is 1600 W Beverly Blvd., Montebello, CA 90640
4. The nature of the interest or estate of the owner is: in fee. (if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
_______________________________________________________________________________________________
6. The full names and addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
____________________________________________________________________________________________
7. A work of improvement on the property hereinafter described was completed on June 11, 2025. The general scope of work consisted of renovating the infield and outfield surfaces and replacing the dugouts, bleachers, irrigation systems, outfield turf, and fencing.
8. The name of the contractor, if any, for such work of improvement was Voltaire Engineering, Inc.
December 5, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)
9. The property on which said work of improvement was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows: Rio Hondo Access Improvement Project - Landscape (CP 924) Director of Public Works / City of Montebello___ (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)
VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Montebello, the declarant of the foregoing Notice of Completion:
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on _________________, 2025 at City of Montebello, Montebello, CA __________________________________________________(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)
Attachment B
DO NOT RECORD
REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.
The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in-interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title.
For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice.
If the ownership is in two or more persons as joint tenants or tenants is common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for giving of the notice by only one cotenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form.
Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors.
In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and state.
As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., “The foundations for the improvements”); (2) Insert the name of the contractor under the particular contract in paragraph 7.
In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor’s name need be given if there is no general contractor, e.g., on so-called “owner-builder jobs.”
In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached.
In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority.
This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all blanks, and make changes proper to your transaction. Consult a lawyer if you doubt the form’s fitness for your purpose.
ITEM # 13
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
Andrew Kim, Senior Management Analyst
SUBJECT: APPROVE AGREEMENT NO. 4302 WITH THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS (SGVCOG) ALLOWING THE CITY TO
ASSUME MANAGEMENT AND ADMINISTRATION OF THE
"OPERATION STAY SAFE" AGREEMENT WITH LA CADA
DATE: June 11, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize the City Manager to execute Agreement No. 4302 with the San Gabriel Valley Council of Governments (SGVCOG) to assume management and administration of the "Operation Stay Safe" agreement with LA CADA; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The total not-to-exceed compensation under the amended agreement with the Los Angeles Centers for Alcohol and Drug Abuse (LA CADA) to operate the "Operation Stay Safe" (OSS) bridge housing program in the City of Montebello is $1,947,181. This amount includes all staffing, operational costs, and indirect expenses through June 30, 2026.
However, LA CADA has submitted a projected operating budget of $1,405,454, which represents their estimated expenditures for the same period (through June 30, 2026).
To support the "Operation Stay Safe" (OSS) program, the City is in the process of securing $617,272 in Los Angeles County Measure A funding. Measure A is a half-cent sales tax aimed at resolving homelessness through housing with services and making housing more affordable. Approved by LA County voters in November 2024, Measure A allows support for homeless housing and services to support people currently
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
experiencing homelessness in finding permanent solutions while also providing funding for affordable housing construction, homelessness prevention, and support for vulnerable renters. The half-cent sales tax repealed and replaced the quarter-cent sales tax for County homeless services that was set to expire in 2027 (Measure H). Measure A took effect on April 1, 2025.
In addition to the new Measure A funding in Fiscal Year 2025-26, the City will assume Cities and COGs Interim Housing Services (CCOGIHS) funding through an agreement with the San Gabriel Valley Council of Governments (SGVCOG). While the allocation amount is pending, SGVCOG has indicated that it is expected to be consistent with the Fiscal Year 2024–25 allocation of approximately $963,000.
If LA CADA remains within its projected operating budget of $1,405,454, the combined Measure A ($617,272) and CCOGIHS ($963,000) funding will be sufficient to cover the full cost of operations. However, if actual expenses exceed the Measure A and CCOGIHS funding total of $1,580,272, additional funding may be necessary to close the gap. City staff will monitor expenditures closely and explore opportunities to secure supplemental funding through other grant sources or available local funds, as needed, to maintain the program and to have zero impact on the General Fund.
The FY 2025-26 budget will reflect the Measure A funding to be received from LA County.
Fund 266 -- which records activity related to CCOGIHS funding - will include $963,000 in appropriations in the proposed FY 2025-26 budget.
BACKGROUND/DISCUSSION:
In 2022, the City of Montebello launched "Operation Stay Safe," a transitional housing initiative that provides 30 single-bed units and wraparound supportive services for individuals experiencing homelessness. Located at 2000 Flotilla Street, the program prioritizes Montebello residents and serves as a major part of the Montebello Community Assistance Program (MCAP) operated by the Montebello Fire Department. Through MCAP, the City provides homeless outreach, case management, and assistance in transitioning individuals from interim housing to permanent housing, both within Montebello and in neighboring communities.
The program has historically relied on a mix of funding sources, including LA County's homeless sales tax (Measure H, which has been replaced as of April 1, 2025 by Measure A), SGVCOG provided grants, and the Cal ICH Encampment Resolution grant. As several of these funding streams have either ended or are scheduled to expire by early 2026, the City is seeking alternative resources to ensure the program’s continuity.
On June 9, 2023, a service agreement between the San Gabriel Valley Regional Housing Trust (SGVRHT) and the Los Angeles Centers for Alcohol and Drug Abuse (LA CADA) was established to manage the operations and supportive services offered at Montebello's Operation Stay Safe (Attachment B). This agreement provided for the operation and maintenance of the "tiny homes" bridge housing site. The agreement was first amended via Amendment No. 1 to expand the scope of services and increase funding (Attachment C).
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
Subsequently, SGVRHT assigned the agreement to the San Gabriel Valley Council of Governments (SGVCOG), which then executed Amendment Nos. 2 and 3 with LA CADA (Attachments D and E) to extend the contract term and update the compensation amount for the services provided. In an effort to streamline administration and enhance oversight, the City of Montebello, SGVCOG, and LA CADA have agreed to assign management and administration of the agreement to the City of Montebello. Agreement No. 4302 (Attachment A) reflects the formal assignment of the OSS management contract from SGVCOG to the City of Montebello. This transition is permitted under Section 13 of the original agreement (Attachment B), which allows SGVCOG to assign the contract, and LA CADA has consented to the transfer.
ENVIRONMENTAL:
N/A
ANALYSIS:
The assignment of the Operation Stay Safe (OSS) management agreement to the City of Montebello via approval of Agreement No. 4302 (Attachment A) will allow the City to assume full responsibility for the administration and oversight of the program. This transition will enhance the City’s ability to directly manage program performance, ensure continuity of services, and effectively coordinate funding sources.
The total not-to-exceed compensation under the amended agreement with the Los Angeles Centers for Alcohol and Drug Abuse (LA CADA) is $1,947,181. This amount includes staffing, operational expenses, and indirect costs associated with the operation of the OSS site through June 30, 2026. However, it is important to note that LA CADA has provided a projected budget of $1,405,454 for the duration of the agreement. This lower projected amount provides a buffer within the authorized contract amount, assuming LA CADA maintains operations within its proposed budget framework.
To support this program, the City has secured $617,272 in Los Angeles County Measure A funding (i.e., a formal agreement is being drafted and will be presented at a future City Council meeting). In addition to this, the City will assume CCOGIHS funding from SGVCOG for Fiscal Year 2025–26. While the exact amount of CCOGIHS funding is pending, discussions with SGVCOG suggest that it will be consistent with the prior year’s allocation of approximately $963,000. The proposed FY 2025-26 budget anticipates receipt of this funding from both sources will include these appropriations.
Based on these anticipated funding sources, there will be sufficient funds to cover OSS program costs provided LA CADA operates within its submitted budget. However, should actual expenditures exceed the combined amount of Measure A and CCOGIHS funding of $1,580,272, additional funding may be required to bridge any shortfall. In such a case, staff will explore additional grant opportunities and other funding sources to supplement the program and ensure uninterrupted service delivery as well as ensuring zero fiscal impact on the General Fund.
CITY COUNCIL AGENDA REPORT - MEETING OF JUNE 11, 2025
SUMMARY:
The approval of Agreement No. 4302 (Attachment A) will enable the City of Montebello to assume management and administration of the Operation Stay Safe management agreement from SGVCOG. This transition supports the City’s goals of enhancing homelessness response strategies through local control and more direct administration of program funds and operations. The assignment ensures continued service delivery and positions the City to administer future funding to sustain the program.
ATTACHMENT(S)
1. Attachment A - Draft Agreement No. 4302 with the SGVCOG for LA CADA Operation Stay Safe Assignment
2. Attachment B - Original Agreement with SGVRHT and LA CADA
3. Attachment C - Amendment 1
4. Attachment D - Amendment 2
5. Attachment E - Amendment 3
City of Montebello
Agreement No. 4302
with the
SGVCOG
for
LA CADA Operation Stay Safe Assignment
ATTACHMENT A
ASSIGNMENT OF
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
AND
LOS ANGELES CENTER FOR ALCOHOL AND DRUG
ABUSE
This assignment of the Agreement for Professional Services for Operation Stay Safe (“Assignment”) is entered into by and between the San Gabriel Valley Council of Governments (the “SGVCOG”), Los Angeles Center for Alcohol and Drug Abuse (“Service Provider”), and the City of Montebello (“City”) and is dated to be effective as of the date executed by all Parties (“Effective Date”).
SGVCOG, the City, and Service Provider are collectively referred to herein as the Parties.
RECITALS
A. The San Gabriel Valley Regional Housing Trust (“SGVRHT”) entered into an agreement dated June 9, 2023 with Service Provider (the “Operational Agreement”) to operate and maintain a bridge housing site for individuals experiencing homelessness located within the City. The Operational Agreement was amended via Amendment No. 1.
B. SGVRHT and Service Provider subsequently determined it would be more beneficial for SGVCOG to manage the Operational Agreement, in lieu of SGVRHT, and the Operational Agreement (as amended via Amendment No. 1) was assigned to SGVCOG. Through that assignment, SGVCOG assumed all rights, duties, and obligations of the SGVRHT arising under the Agreement. Subsequent to that assignment, SGVCOG and Service Provider entered into Amendments Nos. 2 and 3 to the Operational Agreement. The Operational Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 are collectively referenced herein as the “Agreement.”
C. The Parties have determined that it would be more efficient and beneficial for the City, in lieu of SGVCOG, to manage the Agreement with the Service Provider. Section 13 of the Agreement provides the SGVCOG may assign the Agreement to the City.
D. It is the desire of the Parties to assign the Agreement from SGVCOG to the City upon the terms and conditions set forth herein.
NOW THEREFORE, based on the above, the Parties agree as follows:
1. DEFINED TERMS. Except as otherwise defined herein, all capitalized terms used herein shall have meanings set forth for such terms in the Agreement.
2. ASSIGNMENT. The Parties individually and collectively agree as follows: (a) under the terms hereunder, SGVCOG assigns the Agreement, which is incorporated herein by reference, to the City; (b) City accepts the Assignment under the terms hereunder; and (3) Service Provider approves such Assignment under the terms hereunder. In accepting this Assignment, the City shall, as of the Effective Date of this Assignment, assume all SGVCOG rights, duties and obligations arising under the Agreement.
All rights, duties and obligations of Service Provider under the Agreement shall be as between Service Provider and the City. The Parties agree that as of the Effective Date of this Assignment, shall be
July 1, 2025 between Service Provider and the City. The Parties agree that as of the Effective Date of this Assignment, SGVCOG shall have no further rights, duties or obligations under the Agreement. The Parties represent that they have thoroughly familiarized themselves with and examined the Agreement and this Assignment, understand their contents and have the expertise and ability to implement the Agreement and Assignment as provided herein.
3. PAYMENT OF WORK PERFORMED. The Parties understand that prior to the Effective Date of this Assignment that Service Provider may have performed services under the Agreement. In accepting this Assignment, Service Provider agrees to invoice the City for any such services in accordance with the Agreement and to look only to the City for payment and the City agrees to pay Service Provider for those services as set forth in the Agreement.
4. NOTICES. All notices required or permitted to be given under the Agreement and this Assignment shall be in writing and be personally delivered, or sent by facsimile, or overnight delivery service or certified mail, postage prepaid and return receipt requested, addressed as follows:
To Service Provider: Juan Navarro, Chief Executive Officer Los Angeles Center for Alcohol
and Drug Abuse
12070 Telegraph Rd, Suite 207
Santa Fe Springs, CA 90670
[email protected]
To City of Montebello: Raul Alvarez, City Manager
City of Montebello
1600 W. Beverly Blvd.
Montebello, CA 90640
[email protected]
To SGVCOG: Marisa Creter, Executive Director
San Gabriel Valley Council of
Governments
1333 S. Mayflower Avenue, Suite
360
Monrovia, CA 91016
[email protected]
With a copy to: Cassie Trapesonian, SGVCOG
General Counsel
Woodruff & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, California 92626
[email protected]
5. ENTIRE AGREEMENT. This Assignment and the Agreement contain the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between SGVCOG, Service Provider, and City. No statements, representations, or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Assignment shall be valid and binding unless in writing duly executed by the Parties and their
authorized representatives. Any attempt to waive the requirement for a written amendment shall be void.
IN WITNESS WHEREOF, the Parties hereto have caused this Assignment to be effective as of the date executed by all the Parties.
SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS
By:
Name: Marisa Creter
Title: Executive Director
Date:
Approved as to Form:
______________________________
Cassie Trapesonian, General Counsel
CITY OF MONTEBELLO
By:
Name: Raul Alvarez
Title: City Manager
Date:
LOS ANGELES CENTER FOR
ALCOHOL AND DRUG ABUSE
By:
Name: Juan Navarro
Title: Chief Executive Officer
Date:
EXHIBIT A
AGREEMENT (INCLUDES AMENDMENT NOS. 1-3)
1 1786195.1
ASSIGNMENT OF
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
SAN GABRIEL VALLEY REGIONAL HOUSING TRUST
AND
LOS ANGELES CENTERS FOR ALCOHOL AND DRUG ABUSE
AND
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
This assignment of the Agreement for Professional Services for Montebello Bridge Housing Site Operator (“Assignment”) is entered into by and between the San Gabriel Valley Regional Housing Trust (the “SGVRHT”), Los Angeles Centers for Alcohol and Drug Abuse (“Service Provider”), and the San Gabriel Valley Council of Governments (the “SGVCOG”) and is dated to be effective as of June 5, 2024 (“Effective Date”). SGVRHT, Service Provider, and SGVCOG are collectively referred to herein as the Parties.
RECITALS
A. SGVRHT entered into an agreement dated June 9, 2023 with Service Provider (the “Operational Agreement”) to operate and maintain a bridge housing site for families experiencing homelessness located within the City of Montebello (“Housing Site”) and subsequent thereto issued Amendment No. 1 (collectively, the Operational Agreement and Amendment No. 1 are referenced herein as the “Agreement”).
B. The Parties have determined that it would be more efficient and beneficial for SGVCOG, in lieu of SGVRHT, to manage the Agreement with the Service Provider. Section 13 of the Operational Agreement provides the SGVRHT may assign the Operational Agreement to the SGVCOG.
C. It is the desire of the Parties to assign the Agreement from SGVRHT to SGVCOG upon the terms and conditions set forth herein.
NOW THEREFORE, based on the above, the Parties agree as follows:
1. DEFINED TERMS. Except as otherwise defined herein, all capitalized terms used herein shall have meanings set forth for such terms in the Agreement.
2. ASSIGNMENT. The Parties individually and collectively agree as follows: (a) under the terms hereunder, SGVRHT assigns the Agreement, which is attached hereto as Exhibit “A”, and incorporated herein by reference, to SGVCOG; (b) SGVCOG accepts the Assignment under the terms hereunder; and (3) Service Provider approves such Assignment under the terms hereunder. In accepting this Assignment, SGVCOG shall assume all SGVRHT rights, duties and obligations arising under the Agreement. The Parties represent that they have thoroughly familiarized themselves with and examined the Agreement and this Assignment, understand their contents and have the expertise and ability to implement the Agreement and Assignment as provided herein.
ATTACHMENT B
2 1786195.1
3. PAYMENT OF WORK PERFORMED. The Parties understand that prior to the effective date of this Assignment that Service Provider performed services under the Agreement. In accepting this Assignment, Service Provider agrees to invoice SGVCOG for any such services in accordance with the Agreement and to look only to the SGVCOG for payment and SGVCOG agrees to pay Service Provider for those services as set forth in the Agreement.
4. NOTICES. All notices required or permitted to be given under the Agreement and this Assignment shall be in writing and be personally delivered, or sent by facsimile, or overnight delivery service or certified mail, postage prepaid and return receipt requested, addressed as follows:
To SGVRHT: Marisa Creter, Executive Director
San Gabriel Valley Regional Housing Trust
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
[email protected]
With a copy to: David A. DeBerry, SGVRHT General Counsel Woodruff & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, California 92626
[email protected]
To Service Provider: Juan Navarro, Executive Director
Los Angeles Centers for Alcohol and Drug Abuse
12070 Telegraph Rd., Suite 207
Santa Fe Springs, CA 90670
[email protected]
To SGVCOG: Marisa Creter, Executive Director
San Gabriel Valley Regional Housing Trust
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
[email protected]
With a copy to: David A. DeBerry, SGVCOG General Counsel Woodruff & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, California 92626
[email protected]
5. ENTIRE AGREEMENT. This Assignment and the Agreement contain the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between SGVRHT, Service Provider, and SGVCOG. No statements, representations, or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Assignment shall be valid and binding unless in writing duly executed by the Parties and their authorized representatives. Any attempt to waive the requirement for a written amendment shall be void.
3 1786195.1
IN WITNESS WHEREOF, the Parties hereto have caused this Assignment to be effective as of the Effective Date.
SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS
By: ___________________________
Name: Marisa Creter
Title: Executive Director
Date: _________________________
SAN GABRIEL VALLEY REGIONAL
HOUSING TRUST
By: ___________________________
Name: Marisa Creter
Title: Executive Director
Date: _________________________
LOS ANGELES CENTERS FOR ALCOHOL
AND DRUG ABUSE
By: ___________________________
Name: Juan Navarro
Title: Executive Director
Date: _________________________
06/12/2024
06/06/2024
06/06/2024
4 1786195.1
EXHIBIT A
AGREEMENT (INCLUDES AMENDMENT NO. 1)
1775216.1
SAN GABRIEL VALLEY REGIONAL HOUSING TRUEST
PROFESSIONAL SERVICES AGREEMENT
FOR
MONTEBELLO BRIDGE HOUSING SITE OPERATOR
1775216.1
PROFESSIONAL SERVICES AGREEMENT
SAN GABRIEL VALLEY REGIONAL HOUSING TRUST
AGREEMENT FOR SERVICES
WITH
LOS ANGELES CENTERS FOR ALCOHOL AND DRUG ABUSE
This Agreement for Service Provider Services (“Agreement”) is made and entered into this 13th day of June 2023, by and between the San Gabriel Valley Regional Housing Trust (“SGVRHT”) and Los Angeles Centers for Alcohol and Drug Abuse, a California non-profit corporation (“Service Provider”).
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Scope of Services.
Subject to the terms and conditions set forth in this Agreement, Service Provider shall provide to the reasonable satisfaction of the SGVRHT, the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the SGVRHT to enter into this Agreement, Service Provider represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work.
Service Provider represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.
Brielle Salazar (herein referred to as the “SGVRHT’s Project Manager”), shall be the person to whom the Service Provider will report to for the performance of services hereunder. It is understood that Service Provider shall coordinate its services hereunder with the SGVRHT’s Project Manager to the extent required by the SGVRHT’s Project Manager, and that all performances required hereunder by Service Provider shall be performed to the satisfaction of the SGVRHT’s Project Manager and Executive Director.
2. Term of Agreement.
This Agreement shall take effect June , 2023, and shall continue until June 30, 2023 ("Term"), unless earlier terminated pursuant to the provisions herein. SGVRHT’s Executive Director shall have the option to extend this Agreement for up to two additional oneyear terms, subject to the same terms and conditions contained herein, by giving Service Provider written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term.
3. Compensation and Method of Payment.
1775216.1
(a) This Agreement will be a fixed fee contract and the total compensation to be paid to the Service Provider pursuant to this Agreement shall not exceed Sixteen Thousand One Hundred Fifty-Nine Dollars and 00/100 ($16,159.00). No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the Executive Director or her designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by SGVRHT to Service Provider. Service Provider shall be compensated in the manner and in the amounts specified in “Exhibit B.”
(b) Each month Service Provider shall furnish to SGVRHT an original invoice for all work performed and expenses incurred during the preceding month. SGVRHT shall independently review each invoice submitted by Service Provider to determine whether the work performed and expenses incurred are in accordance with the rates contained in Exhibit “B”. The invoice shall include the following information: Project Task, Date, Detailed Comments of Work Performed, Fixed Fee for Staffing, and Other Costs as Expended. For each invoice, the Service Provider shall include reductions to the fixed fee staffing amount, such as staffing vacancies, and submit appropriate backup documentation for payment, such as receipts and deliverables. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to this Section. In the event any charges or expenses are disputed by SGVRHT, SGVRHT shall withhold that portion of the invoice that is in dispute and remit the remainder. (c) Except as to any charges or expenses disputed by SGVRHT, SGVRHT will use its best efforts to cause Service Provider to be paid within thirty (30) days of receipt of Service Provider's invoice meeting the requirements herein.
4. Priority of Documents.
This Agreement and any attached Exhibits or documents incorporated herein by reference are intended to describe the Parties complete agreement, however, in the event of any conflict with the provisions of this Agreement shall control.
5. Service Provider's Books and Records.
Service Provider shall maintain all documents and records demonstrating or relating to Service Provider's performance of services pursuant to this Agreement. Service Provider shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to SGVRHT pursuant to this Agreement. All such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. All such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of SGVRHT and its expenditures.
1775216.1
6. Ownership of Documents.
All original maps, models, designs, drawings, photographs, studies, survey, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing any services pursuant to this Agreement shall be the sole property of the SGVRHT and may be used, reused or otherwise disposed of by the SGVRHT without the permission of the Service Provider. Upon satisfactory completion of, or in the event of expiration, termination, suspension, or abandonment of this Agreement, Service Provider shall turn over to SGVRHT all such maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents which Service Provider may have prepared for use in performing services hereunder. With respect to computer files, Service Provider shall make available to the SGVRHT, upon reasonable written request by the SGVRHT, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
Service Provider shall have not liability for SGVRHT’s for reuse of maps, models, designs, drawings, photographs, studies, survey, reports, data, notes, computer files, files and other documents produced under this Agreement or modifications thereof for any purpose other than those authorized under this Agreement without the written authorization of Service Provider.
7. Status of Service Provider.
Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of SGVRHT. Service Provider shall have no authority to bind SGVRHT in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against SGVRHT, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by SGVRHT.
The personnel performing the services under this Agreement on behalf of Service Provider shall at all times be under Service Provider's exclusive direction and control. Neither SGVRHT, nor any elected or appointed boards, officers, officials, employees, or agents, shall have control over the conduct of Service Provider or any of Service Provider's officers, employees or agents, except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider's officers, employees or agents are in any manner officials, officers, employees, members or agents of SGVRHT.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Service Provider and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by SGVRHT, including but not limited to eligibility to enroll in the Public Employees Retirement System as an employee of SGVRHT.
In the event that Service Provider or any employee, agent, or subcontractor of Service Provider providing services under this Agreement claims or is determined by an authority having jurisdiction over SGVRHT, to not be a wholly independent contractor, then Service Provider shall
1775216.1
indemnify and reimburse SGVRHT for any costs, including attorneys’ fees, that SGVRHT incurs arising out of such claim or determination including, but not limited to, any benefits SGVRHT is required to provide, or payroll taxes or Workers” Compensation claims it is required to pay, as well as for the payment of any penalties and interest on such contributions.
8. Deficient Services.
Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully and competently, perform all services described herein. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Service Provider under this Agreement. SGVRHT may disapprove services that do not conform to these standards and practices and may withhold or deny compensation for deficient services. Upon disapproval of services by SGVRHT, Service Provider shall immediately re-perform, at its own costs, the services that are deficient. SGVRHT shall endeavor to notify Service Provider in writing of the existence of such deficient services in a timely manner, although its failure to do so shall not affect any remedy it may have under this Agreement or at law with respect to such deficient services. No approval, disapproval, or omission to provide approval or disapproval shall release Service Provider from any responsibility under this Agreement.
9. Compliance with Applicable Laws; Permits and Licenses.
Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither SGVRHT, its member agencies, nor any of their respective elected or appointed boards, officers, officials, employees, or agents, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this Section.
10. Nondiscrimination.
(a). Service Provider shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of SGVRHT relating thereto. Such nondiscrimination shall include, but not be limited to, the following: employment; upgrading; demotion; transfers; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (b). Service Provider will, in all solicitations or advertisements for employees placed by or on behalf of Service Provider in performing this Agreement, state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment
1775216.1
without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. (c). Service Provider will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
11. Unauthorized Aliens.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Service Provider employ such unauthorized aliens for the performance of services covered by this Agreement, and should any liability or sanctions be imposed against SGVRHT for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse SGVRHT for the cost of all such liabilities or sanctions imposed, together with any and all costs, including reasonable attorney fees, incurred by SGVRHT.
12. Conflicts of Interest.
Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, (but not including ownership of stock in a publicly traded company), which would conflict in any manner with the interests of SGVRHT or which would in any way hinder Service Provider's performance of services under this Agreement.
Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the SGVRHT. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of SGVRHT in the performance of this Agreement.
13. Assignment.
(a) The expertise and experience of Service Provider are material considerations for this Agreement. SGVRHT has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer any of its duties or obligations under this Agreement or any portion thereof, without the prior written consent of the SGVRHT. Any attempted assignment shall be ineffective, null and void, and constitute a material breach of this Agreement entitling SGVRHT to any and all remedies at law or in equity, including summary termination of this Agreement.
(b) The SGVRHT may assign this Agreement upon the same terms and conditions to another entity and it is specifically contemplated by the parties that this Agreement may ultimately be assigned to the City of Montebello. In the event of such an assignment, Service Provider agrees to execute an assignment in which it agrees to indemnify, defend, and hold harmless the City of Montebello, its officers, agents, and employees (“City Indemnitees”) to the same extent as the
1775216.1
SGVRHT Indemnitees in Section 14 below and to add the City Indemnitees as additional insureds in accordance with Section 15.5 below.
14. Indemnification.
To the greatest extent permitted by California law, Service Provider shall indemnify and defend with counsel approved by SGVRHT, and hold harmless SGVRHT, its member agencies, and their respective elected and appointed boards, officers, officials, employees and volunteers ("SGVRHT Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Service Provider’s employees or Service Provider’s contractor’s employees arising out of Service Provider’s work under this Agreement; and (2) Any and all claims arising out of Service Provider's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of SGVRHT’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the SGVRHT. Should SGVRHT in its sole discretion find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse the SGVRHT its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation.
The SGVRHT shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. (3) The Service Provider's obligations to indemnify, defend and hold harmless the SGVRHT Indemnitees shall survive termination of this Agreement.
15. Insurance.
. Without limiting its obligations pursuant to this Agreement, Service Provider shall procure and maintain, at Service Provider’s own cost and expense and for the duration of this Agreement, the insurance coverage as set forth herein. All insurance policies shall be subject to approval by SGVRHT as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the SGVRHT. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A-VII. Service Provider shall provide the following scope and limits of insurance:
15.1 Minimum Scope of Insurance. Coverage shall be at least as broad as:
Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
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Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the SGVRHT.
Workers' Compensation insurance if and as required by the California Labor Code and Employer's Liability insurance covering all persons providing services on behalf of the Service Provider and all risks to such persons under this Agreement.
Professional liability insurance appropriate to the Service Provider's profession.
15.2 Limits of Insurance. Service Provider shall maintain limits of insurance no less than:
General Liability: $1,000,000 minimum limit written on an occurrence basis for bodily injury, death and property damage.
Automobile Liability: $1,000,000 minimum limit written on an occurrence basis for bodily injury, death and property damage.
Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
Professional Liability: $1,000,000 minimum limit per claim. If such insurance is on a claims-made basis, Service Provider agrees to keep such insurance in full force and effect for at least three years after termination or date of completion of this Agreement.
15.3 Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
15.4 All Policies. Each insurance policy required herein, other than professional liability shall provide that the coverage shall not be non-renewed, cancelled or reduced by the insurer or Service Provider except after at least ten (10) days' prior written notice by Certified mail, return receipt requested, has been given to SGVRHT. As soon as Service Provider becomes aware, it shall provide to SGVRHT notice of suspension or voiding of any coverage or reduction in coverage which results in Service Provider not meeting the minimum requirements set forth in this Agreement.
15.5 General Liability and Automobile Liability Coverages. The SGVRHT Indemnitees shall be named as additional insureds on all policies of general liability, property damage, and automotive liability insurance for all work performed by Service Provider under this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.
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Service Provider's insurance coverage shall be primary insurance with respect to the Additional Insureds.
Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SGVRHT, and its respective elected and appointed officers, officials, members or employees.
15.6 Workers' Compensation and Employer's Liability Coverage. Unless the SGVRHT otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against the Additional Insureds for losses arising from services performed by Service Provider.
15.7 Other Requirements. Service Provider agrees to deposit with SGVRHT, at or before the performance of any services under this Agreement, certificates of insurance and additional insured endorsements or a copy of the policy evidencing same, necessary to satisfy SGVRHT that Service Provider has complied with the insurance provisions of this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. SGVRHT reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
Service Provider shall include all subcontractors, if any, as insureds under its policies or furnish separate certificates and endorsements from each subcontractor evidencing the same minimum coverage requirements that Service Provider must provide.
Any deductibles or self-insured retentions must be declared to and approved by SGVRHT, such approval not to be unreasonably withheld.
All policies of insurance, except professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or is otherwise approved in writing by SGVRHT.
16. Termination of Agreement.
Notwithstanding anything to the contrary herein, SGVRHT may terminate this Agreement, with or without cause, at any time by giving thirty (30) days’ written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress, unless the notice provides otherwise, except those services necessary to effectuate the termination. Upon termination of this Agreement, Service Provider shall furnish to SGVRHT a final invoice for work performed and expenses incurred by Service Provider, as required by this Agreement. SGVRHT shall not be liable for any claim of lost profits.
17. Default.
In the event either party defaults in its obligations hereunder, the non-defaulting party may declare a default by written notice to the defaulting party. The notice shall specify the basis for the default and the cure, which cure shall be implemented within thirty (30) days of the date of the
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notice or such longer time as may be provided in the notice. If cure is not made within the time provided in the notice, then this Agreement shall terminate and the non-defaulting party shall have all remedies available under this Agreement and the law.
18. Notices.
All notices required or permitted to be given under this Agreement, except for notices regarding default, breach, termination, or changes to insurance shall be delivered via email to the individuals listed below. Notice of default, breach, termination, or changes to insurance shall be delivered in writing and shall be personally delivered, or sent by facsimile or certified mail, postage prepaid and return receipt requested, addressed as follows:
To SGVRHT: Marisa Creter, Executive Director
San Gabriel Valley Regional Housing Trust
1333 S. Mayflower Avenue, Suite 360
Monrovia, CA 91016
[email protected]
with a copy to: David DeBerry, SGVRHT General Counsel
Woodruff & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Service Provider: Juan Navarro, Executive Director
Los Angeles Centers for Alcohol and Drug Abuse
12070 Telegraph Rd., Suite 207
Sante Fe Springs, CA 90670
[email protected]
Notice shall be deemed effective on the date emailed, personally delivered, or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
19. Binding Effect.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
20. Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement.
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Acceptance by SGVRHT of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
21. Law to Govern; Venue.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
22. Entire Agreement.
This Agreement, including the exhibits attached hereto, which are incorporated herein by this reference, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and SGVRHT prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives. Any attempt to waive the requirement for a written amendment shall be void.
23. Section Headings.
The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
24. Severability.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
25. Time is of the Essence.
Time is of the essence in the performance of this Agreement. Service Provider shall do all things necessary and incidental to the prosecution of Service Provider’s work.
26. Delays.
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Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of such Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. Service Provider’s sole remedy for delays outside its control shall be an extension of time. Service Provider must document any delay and request an extension of time in writing at that the time of the delay to the satisfaction of SGVRHT.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written.
“SERVICE PROVIDER”
By______________________________________
Title: ____________________________________
Date: ____________________________________
By______________________________________
Title: ____________________________________
Date: ____________________________________
SAN GABRIEL VALLEY REGIONAL HOUSING TRUST
By______________________________________
MARISA CRETER
Executive Director
Date: ____________________________________
APPROVED AS TO FORM:
________________________________________
DAVID DeBERRY
General Counsel
06/15/2023
CEO
CEO
06/15/2023
06/15/2023
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Exhibit A – Scope of Services
Task 1.1 Project Management
Los Angeles Centers for Alcohol and Drug Abuse (LA CADA) will hold a kick-off meeting the week of June 12, 2023, and 2 weekly meetings with project team during Plan creation. LA CADA will host monthly meetings with project team once the site operation period begins to discuss onsite service provision, client needs, site needs, community feedback, and other operational updates.
LA CADA will also be responsible for providing a monthly report in a format approved by the SGVRHT, SGVCOG, and the City demonstrating aggregate enrollment and exit data and provision of/connection to services. The site is receiving funds from Cities and Councils of Governments Interim Housing Services (CCOGIHS) and must comply with LAHSA interim housing requirements linked here.
For emergencies and urgent matters, the LA CADA team will contact the appropriate City and/or SGVRHT staff immediately via email and/or cell phone. If incidents occur onsite, City and SGVRHT staff will be notified and provided an incident report within 24 hours. LA CADA shall also establish a group message thread or other means of constant, daily, real-time communication with the assigned staff from both the SGVRHT and City so that both parties are aware of issues at the site such as upcoming vacancies, maintenance issues, incidents, and other issues that require immediate feedback and/or action.
The Site Operator will make the site available for tours hosted by SGVRHT, SGVCOG, City staff as requested by either SGVRHT, SGVCOG, or City staff. Tours will take place on an as needed basis on weekdays between 9AM and 5PM with at least 48-hour notice provided.
Deliverables:
x Kick-off meeting agenda & meeting notes (1);
x Weekly meeting agendas and notes (2);
x Monthly Report provided prior to monthly meeting (12); x Facilitate onsite tours (as needed)
Task 1.2 Plan Development & Staff Onboarding
LA CADA will work with the SGVRHT, SGVCOG, and City staff to update/develop the Operations, Staffing, and Services Plan (Plan) for the site. LA CADA will be provided with the site plan for the first year of site operations for reference and updating. The updated Plan will outline how the site will be operated to ensure that all participants receive the resources that they need to stabilize and move into permanent housing as quickly as practicable. The Plan will operationalize how LA CADA will work with stakeholders to maximize participant and program success by balancing on-site services with existing services available through CES, the County of Los Angeles, and the City’s existing services contracts and resources, which are described in more detail in the Project Description. The Plan will outline roles and responsibilities for onsite staff, as well as how these staff will work with other off-site staff and services. Staff must have sufficient training and experience to be able to provide trauma-informed care to the higher-acuity clients living at the site. The Plan will also outline the approach to ensure that all needed services are available for the site's participants, and for services not available at the site, where the services can
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be found and how they would be accessed. For example, the Plan will maximize participant connection to these existing services and strengthen coordination with participants’ existing case managers and housing navigators. LA CADA will include specific partnership opportunities with additional service providers and agencies in the region providing resources to individuals experiencing homelessness. LA CADA will include any additional Plan components required to ensure site safety, provision of services, and other components recommended by LA CADA.
Concurrent with the development of the plan, the LA CADA will begin recruiting and onboarding efforts to staff the site by the operations date. Sufficient staff to operate the site 24/7 must be fully onboarded prior to June 30, 2023.
The Plan should include the following components at a minimum:
Program Policies and Procedures: Eligibility and Referrals, Program Intake, Program Exit x Program Eligibility: Participants will be identified by MCAP based on field interactions with individuals experiencing homelessness in Montebello. MCAP will provide a referral to LA CADA, who will perform participant intake to OSS. Participants must be able to manage Activities of Daily Living (i.e., ability to transfer in and out of a bed, bathe, dress, and address hygiene needs independently). To assist MCAP in providing resources to individuals experiencing homelessness, participants that are not able to manage ADLs may be temporarily housed at OSS while connected to a more suitable housing resource. LA CADA will assist participants in meeting basic needs during this interim period by utilizing appropriate care staff (i.e. Certified Nursing Assistant). Participants may range in acuity and individual service needs. The Plan should aim to stabilize participants and maximize the likelihood of success of placing participants into permanent housing. x Referrals Process: The MCAP team will handle all referrals for the site and will provide a one-page client referral form to LA CADA. At the time of intake, the LA CADA will confirm each client’s eligibility for the program. If the client is not eligible, or is better suited for another existing program, LA CADA will inform MCAP and recommend another resource that better fits the client’s needs. The teams will work together to connect the client to that resource as quickly as practicable. Referrals should be treated as a crisis response that should be executed as soon as possible. Since MCAP will be referring high acuity clients that may be in active crisis, it is imperative that clients be moved into the site quickly. MCAP will try to provide at least 2 hours of notice to the LA CADA when they are bringing a new client to the site. LA CADA will ensure that any vacant units are prepared to accommodate a new client in order to meet this short referral timeline. MCAP mostly works traditional business hours. However, clients may be referred on evenings or weekends. LA CADA staff should be able to accommodate clients at these times and may finalize the intake process the following morning or business day once appropriate staff are present. This crisis response model for referrals is critical to the success of this site’s operation and ability to intervene in times of crisis.
x Program Intake: LA CADA will establish an intake process and procedures. After MCAP refers a client, they will facilitate a warm hand off at the site. If for any reason during the intake the client has needs that cannot be met at the site, the LA CADA must provide an alternative solution and help MCAP connect the client to other services. The Plan will
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include ensuring that all participants are enrolled in HMIS and updating information in HMIS.
x Housing and Services Plan: For those participants that do not have one, following intake and assessment, LA CADA must work with each participant and any case manager and/or housing navigator to develop a Housing and Services Plan. Plan should include existing services to which to connect the participant. If the participant already has a Housing and Services Plan, the LA CADA will work with the participant and their existing housing navigator to update the plan as necessary. LA CADA will work with the participant and other assigned case managers to complete a monthly update to assess progress towards achieving the goals defined in the Housing and Services Plan. x Onsite Engagement and Activities: LA CADA should provide activities for residents during weeknights and weekends to assist in community building and personal development. Some examples of activities include 1.) education and training sessions such as credit repair, 2.) health and wellness activities such as yoga, mediation, grooming, and
3.) recreational activities including crafting, game nights, movie nights, etc. These events are key to creating a sense of community on site and to helping residents build relationships with each other. LA CADA should utilize its internal programs, local programs, mobile services, and volunteer groups to support the provision of onsite activities. LA CADA may also provide transportation to public events hosted by City of Montebello Recreation and Community Services. LA CADA will also collaborate with additional SGVCOG-funded workforce development programs that will come on site to meet with clients. x Transportation: LA CADA will be in charge of all participant transportation, including facilitating/providing transportation to fulfill participant needs. The Site Operator may use a company vehicle, provide transportation through rideshare, dial-a-ride, transit vouchers, and/or other opportunities to ensure participants are able to attend meetings, appointments, apartment viewings, treatments, etc. LA CADA will track transportation services provided and include updates in reporting data.
x Community Rules: LA CADA will develop policies and procedures for individual units and communal areas to ensure safety of all participants. The community rules should manage the use of onsite facilities including restrooms and laundry rooms, dog run, picnic tables, and other outdoor spaces. The rules should establish smoking and non-smoking areas, participant trash disposal, and guidelines for locker use and mail distribution. x Program Exit: LA CADA will develop policies and procedures that adhere to best practices for exiting participants from the site. These include striving to move participants out of the Program and into permanent housing as quickly as possible, assisting with reunification services or assisting the participant with self-resolving their housing bridge, and otherwise assisting participants in fulfilling their Housing and Services Plan (Plan).
The policies and procedures should also establish expectations for lengths of stay and when participants should otherwise be exited from the program (e.g. not utilizing a unit; long term hospitalization; incarceration). As a note, it is expected that LA CADA will hold a resident’s unit for them if they are hospitalized or off-site receiving treatment; if it is at all possible, the intention is to bring the resident back into the program and help them continue work on their Plan. Plan will include entering exit information into a case note in HMIS and submitting an SGVRHT exit form. Exiting a participant should be held for the most extreme situations; client outbursts or client violations of the rules alone are not a reason to exit someone from the program. While clients are expected to follow all site rules, LA
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CADA should maintain flexibility and understanding to ensure their decisions are always made to help the client. The Site Operator should also have clear communication with residents surrounding their program exit. LA CADA should also ensure that, when exits are deemed necessary, clients are exited with support and referrals to any other available programs or resources that fit their needs. Program exits should be seen as a last resort for clients. MCAP must approve all exits from the program and reserves the right to keep the client in the program if determined that the exit is not justified. x Safety Concerns: LA CADA will establish protocols when a participant is deemed a risk to the safety of the LA CADA’s staff or other participants. LA CADA must have a policy about how to manage the return of participants who are exited due to concerns about the safety of other participants or staff created by the exited participant. The LA CADA must train all relevant staff members on a deescalation policy. The ultimate goal of the LA CADA should be to keep clients housed and to help fulfill client’s housing plans, while maintaining a safe and healthy on site environment.
Site Management and Oversight
x Plan will include the following
o Provision of three meals per client prepared onsite or delivered to the site daily o 24/7 site staffing and procedures
Including 24/7 secured entry, security and locking of client lockers section, etc.
LA CADA should be prepared to handle any walk-ups to the site and to distribute any needed referral to services. Currently there is a sign outside of the site with MCAP’s contact information to help facilitate this connection to resources.
o Coordinate with the City to facilitate trash pick-up and regular cleaning of the site and ensure the facility remains sanitary. Trash pick-up will be provided by the City. o Maintain site accessibility. City will provide ADA accessible units and paths of travel. LA CADA will maintain accessible paths of travel and provide reasonable accommodations for the laundry room and other amenities as needed. Coordinate with volunteers and accept and distribute donations as appropriate. o Ensure that the site is operated in a way that is consistent with its intended use and ensure that the SGVRHT and the City maintain their warranties on the product.
Should issues arise that prevent LA CADA from operating the site consistent with expectations, the Site Operator is responsible for notifying the participating City within twenty-four (24) hours.
o Ensure that the facility remains sanitary, healthful, and otherwise safe for its intended or actual use.
o Promptly and appropriately respond to the needs of participants, including referrals to medical, mental health, and other relevant service providers. The plan must include procedures for addressing emergency situations including notifying the SGVRHT and City within twenty-four (24) hours.
o Promptly and appropriately respond to any maintenance needs. For nonemergencies, LA CADA should contact the assigned city contact to resolve the issues in a timely manner. For an emergency maintenance problem, the Site Operator should contact any needed entity (example: plumber, locksmith, etc.).
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Communication with SGVRHT and MCAP
x LA CADA must keep MCAP up-to-date with how many beds are available, which includes doing the following:
o Providing consistent communication on vacancies, available units, anticipated move-outs, etc.
o Remaining flexible and communicating on times to do warm hand-offs of new clients.
o Communicating with MCAP on expectations on when they should be called to the site, when MCAP will be on site doing check-ins with clients, and any other clientrelated updates. x LA CADA must hold monthly case conferencing meetings - or more frequently as needed - with the SGVRHT and MCAP teams to help establish a “whatever it takes” approach to get the clients the resources they need to be permanently housed. The intent of these meetings will be to create a “central command”-type framework that is focused on pooling the agencies’ collective resources and relationships to permanently house clients. x LA CADA must keep SGVRHT and MCAP up-to-date on any major updates, changes, incidents, etc.
o This includes consistent teamwork and communication to keep the site operating well.
Case Management, Housing Navigation, and Connection to Existing Services x Coordination with Existing Case Managers and Housing Navigators: The Plan will include coordination with participants’ existing case managers and housing navigators to facilitate linkage to services and referrals to permanent housing. The Plan will outline how to efficiently coordinate with existing case managers and housing navigators. x Site-Based Case Management and Housing Navigation: LA CADA will provide case management services to assist participants in accessing permanent housing through referrals to housing programs, such as Rapid Rehousing, Permanent Supportive Housing, and affordable housing, or assisting the participant in self-resolving their housing bridge.
The Plan will outline how to efficiently provide case management and housing navigation at the site and in collaboration with existing offsite resources. This includes both how clients will be connected to vouchers and how clients will be supporting in securing housing where the vouchers can be used.
x Site-Based Services: LA CADA will provide on-site staffing to serve the unique needs of higher-acuity clients who may have mental health and/or physical health needs and/or suffer from substance use disorder. LA CADA’s on-site staffing must include an emergency medical technician (EMT), a licensed clinical social worker, and a substance use disorder (SUD) counselor, with experience as a peer advocate. LA CADA should be able to serve clients on-site with staffing levels but shall also refer clients to other existing resources as necessary.
x Connection to Existing Services: In addition to housing support, case management should include linkage to services, including but not limited to health care, behavioral or mental health services, substance use treatment, employment services, and identifying transportation to those services. LA CADA is expected to connect participants to existing services in SPA 7 as needed.
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Staffing Levels, Qualifications, and Schedule
x LA CADA will detail proposed staffing levels to provide full time case management and housing navigation, 24/7 security staffing, facilitate clients’ needs including showers, meals, and connection to additional services, and provision of 3 meals per day for clients.
LA CADA must notify SGVRHT within 48 hours of any staffing changes. The Site Operator is required to fulfill staffing vacancies as soon as possible, with immediate replacement being the preferred approach.
x LA CADA will detail how the site will be staffed with individuals who have sufficient training and experience to be successful at a low-barrier shelter with higher-acuity clients.
Support Securing Additional Funding and Resources
x Plan should maximize connection to programs for which participants are eligible, for example Medicaid/Medi-Cal, Supplemental Security Income (SSI), and Social Security Disability Insurance (SSDI). Plan will also include coordination with the SGVRHT, SGVCOG, and City to engage community groups and members by pursuing donations to support the site. This could include donations of food, clothing, funding, or other resources.
Site Operator will not be expected to lead this effort but will be asked to provide recommendations, connections, and support the outreach efforts.
Deliverables: Outline of Operations and Services Plan; Draft & Final Operations and Services Plan Task 2.1 Site Preparation
LA CADA will work with the City, SGVRHT, and SGVCOG to review case notes for existing participants and prepare to intake new participants for any vacant units. The site is expected to maintain 95% occupancy at all times. LA CADA will provide a staffing schedule including dedicated hours for client intake. All staff at the site must be trained in harm reduction and deescalation techniques for crisis response and must be able provide trauma-informed care. All staff must have the experience and training necessary to be successful at low-barrier shelter with higheracuity clients with physical and mental health needs and SUD. Staff with experience in serving as a peer advocate would be desirable. Staff must also be able to assist in facilitating evening or weekend intake. LA CADA will establish a channel for constant, real-time communication (i.e. text thread, Slack, Whatsapp, or other platform). Site operation date will commence on June 30th, 2023 at 10AM. SGVRHT and City will perform an inventory of site supplies and LA CADA will procure any supplies necessary to begin operations and maintain necessary supply levels.
SGVRHT and City staff will facilitate a site walk through prior to opening.
Deliverables:
x Staffing schedule,
x establish communication channel, and
x attend site walk through