PROFESSIONAL SERVICES AGREEMENT NO.
written products shall be returned to the CITY upon the termination or expiration of this Agreement. This Section shall not apply to any existing intellectual property owned by the CONSULTANT and used during the performance of this Agreement but shall be limited to new inventions created during the performance of this Agreement. All inventions, discoveries, documents, works of authorship, methods, and the derivative works thereof, developed or created by the CONSULTANT prior to the start of the work shall remain the sole and exclusive property of the CONSULTANT. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the reasonable expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any reasonable excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to Compensation for those Professional Services satisfactorily performed on or before the effective date of termination. b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non- refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were
PROFESSIONAL SERVICES AGREEMENT NO.
incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.
SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subcontractors for injury or sickness arising out of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 12. PERS ELIGIBILITY INDEMNITY.
a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subcontractor of the CONSULTANT providing services under this Agreement claims or is determined by
PROFESSIONAL SERVICES AGREEMENT NO.
a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of the CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and 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 t h e CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.
SECTION 14. INDEMNIFICATION.
During the term of this Agreement and for a period of one (1) year after the expiration or earlier termination of this Agreement, tThe CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property to the proportionate extent caused by arising out of the CONSULTANT’s negligent or wrongful act, or willful omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY. CITY shall not be required to indemnify, defend, protect or hold harmless the CONSULTANT. CONSULTANT’s indemnity, defense, and hold harmless obligations will not extend to any claim or liability that is alleged to be caused by the negligence or willful misconduct of the indemnified party or other third party not controlled by CONSULTANT; rather, such indemnification claims will be administered based upon a determination of the degree of comparative fault of each party.
CONSULTANT retains the right to select counsel reasonably acceptable to the indemnified party, and the indemnified party will provide reasonable cooperation and not unreasonably withhold consent to settle any claims for which CONSULTANT is providing defense or indemnification. In addition, in no event will CONSULTANT be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, and in no event will CONSULTANT’s aggregate liability arising out of this Agreement, or the services performed exceed the amount of the applicable insurance limits set forth in this Agreement.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s
PROFESSIONAL SERVICES AGREEMENT NO.
performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with limits of no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit of no less than $1,000,000 per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit of no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten (10) days for non- payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy.
Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
PROFESSIONAL SERVICES AGREEMENT NO.
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non- renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONSULTANT shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed subcontractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of
PROFESSIONAL SERVICES AGREEMENT NO.
competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or subcontractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded.
The venue for any litigation shall be the County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
PROFESSIONAL SERVICES AGREEMENT NO.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard Montebello, CA 90640
(323) 887-1200
With a copy to: City of Montebello – Department of Finance Attn: Michael Solorza
1600 West Beverly Boulevard Montebello, CA 90640
(323) 887 -1200
[email protected]
If to CONSULTANT: Consultant Name
Attn:
Address
City, CA #####
(###) ###-####
Email
PROFESSIONAL SERVICES AGREEMENT NO.
With a copy to: Davey Resource Group, Inc.
Attn: Legal Department
295 S. Water Street
Kent, OH 44240
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that subcontractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 23. CONFLICT OF INTEREST.
The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.
SECTION 24. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental tocaused by any negligent or wrongful acts or omissions listed above by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages,reasonable attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
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2025 URBAN FORESTRY MANAGMENT PLAN
BIDDER’S ACKNOWLEDGEMENT
(FORM B)
BIDDER ma
kes the following representations and acknowledgments:
A. Bidder has had an opportunity to examine and has exam ined all of the bid documents, and has, from the information contained in such documents and data, fully acquainted itself with all conditions relevant to the work. The term “bid documents” includes all documents included and referenced in the document entitled “BID DOCUMENTS”.
B. Bidder has made all reasonable inves tigations essential to a full understanding of the difficulties which may be encountered in performing the work.
C. Bidder will complete the work for the compensation stated in its bid.
D. Bidder assumes full and complete responsibilit y for all conditions relevant to the work and all risks in connection therewith.
E. Bidder represents that Bidder is fully quali fied to do the work in accordance with the terms of the bid document.
F. Bidder currently holds a valid contractor’s license with the State of California.
Contractor’s License Number:______________________________ Type or Class: __________________________________________ Dated: _______________________, 2025
Bidder: ____________________________________
Firm Name (Type Or Print)
By: _________________________________________
(Signature)
______________________________________________
(Typed Or Printed Name)
______________________________________________
Title or Capacity Of Person Signing This Document
1070485
C61/D49
Expires 11/30/2026
Davey Resource Group, Inc.
Amber Krebbers
Regional Operations Manager
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2025 URBAN FOREST MASTER PLAN
REFERENCES
(FORM C)
Bidders shall provide a list of three (3) current or former clients in the area provided below. References shall be provided as required in the bid specifications, terms and conditions. References should have similar volume and requirements to those outlined in these specifications, terms and conditions.
All bidders must provide a list of references identifying prior experience in the same type of work requested by the City under Scope of Work, demonstrating a thorough understanding of 2025 Urban Forestry Management Plan services. Bidders failing to provide references shall be deemed unacceptable.
The City may contact some or all of the references provided in order to determine the bidder’s performance record on work similar to that described in this bid. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Telephone Number:
Type of Business:
Date of Service:
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Telephone Number:
Type of Business:
Date of Service:
Company Name:
Address:
City, State, Zip Code
Contact Person:
Telephone Number:
Type of Business:
Date of Service:
City of Rohnert Park - Municipal Tree Inventory, Urban Forest Management Plan Brandon Keck, City Arborist
707-588-3330/[email protected]
California municipality
Inventory completed 2024, Urban Forest Management Plan still in progress City of Newman, California - Municipal Tree Inventory, Urban Forest Management Plan Thomas Spankowski, Public Works Director
209-862-4448/[email protected]
California municipality
Completed 2025
City of Davis, CA - Municipal Tree Inventory and Urban Forest Master Plan Charlie Murphy, City Forester
530-757-5633/[email protected]
California municipality
Project completed 2024
600 Enterprise Drive
Rohnert Park, CA 94928
938 Fresno Street
Newman, CA 95360
1717 5th Street
Davis, CA 95616
4. Employer’s Liability: $1,000,000 Per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the entity shall be entitled to coverage at the higher limits maintained by the contractors.
SPE
CIFICATIONS FOR COMMON SITUATIONS
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The entity, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided with two endorsement forms: 1) in the form of an additional insured endorsement to the Contractor’s insurance or as a separate owner’s police (CG 20 10 11 85 or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language. A later edition of the CG 20 10 form along with the CG 20 37 coverage form will give some protection to the entity for specific locations.
2. For any claims related to this proj ect, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has been given to the entity.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Waiver of Subrogation
Contractor hereby agrees to waive subrogation which any insurer of contractor may acquire from contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
SPECIFICATIONS FOR COMMON SITUATIONS (continued)
The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors.
Acceptability of Insurers
Insurance is to be placed with ins
urers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the entity. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VII depending on various circumstances.
It is also recommended that the insurer for the contractor/consultant/vendor/lessee be “admitted” in California. This means that the insurer is licensed to do business in California, is subject to his insurance regulations and contributes to the guarantee fund.
However, there may be situations where a non-admitted insurer will have more financial strength (and the ability to respond to claims) than some admitted insurers. Please contact your broker, legal counsel or BRS when faced with this situation.
Those recommendations are applicable to almost any risk and exposure discussed in this manual.
Verification of Coverage
Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements.
All
certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified
copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
p i h s n w o T n i l k n a r F
t n e K
= Approximate Davey Corporate Campus boundary
= Areas of wetlands delineated within study area
(0.795 acre)
Aerial imagery source:
Nearmap®8 March 2021
RESUME
p i h s n w o T n i l k n a r F
t n e K
= Approximate Davey Corporate Campus boundary
= Areas of wetlands delineated within study area
(0.795 acre)
Aerial imagery source:
Nearmap®8 March 2021
Nathan Davila
Senior Associate Consultant
Education
• B.A., Earth and Environmental
Science, University of California,
Los Angeles
• A.A., Mathematics and Pre-
Engineering Studies, San Diego
Mesa College
Credentials
• International Society of
Arboriculture (ISA) Certified
Arborist, WE-12821AU
• ISA Certified Utility Specialist
• ISA Tree Risk Assessment
Qualification (TRAQ)
• Adult First Aid/CPR/AED,
American Red Cross
Special Training
• Advanced GIS Mapping
• TreeKeeper®/My ROW Keeper /
ResourceKeeper Software
• Post-Wildfire Tree Risk
Assessment Emergency Response
• Public Outreach and
Communication Training
• DRG Manager-in-Training
Certification
• Graphic Design
• Website Design
Professional Affiliations
• International Society of
Arboriculture—Western Chapter,
Member
• San Diego Regional Urban Forests
Council
• Urban and Community Forestry
Society
Nathan Davila is a senior associate consultant at Davey Resource Group, Inc. (DRG), specializing in urban forestry planning. In his role, Nathan manages a variety of urban forestry projects, including management plans, master plans, operational reviews, ordinance assessments, website development, and public outreach campaigns.
His responsibilities involve preparing project budgets and proposals, coordinating data analysis, and ensuring that each project meets and exceeds client expectations. He oversees multiple concurrent projects, focusing on the timely delivery of high-quality reports and actionable solutions.
He joined DRG in 2019 bringing a strong background in urban and utility forestry. Part of his experience includes conducting tree risk assessments along major utility rights-of-way throughout California and leading the development of San Diego Gas and Electric’s Sustainable Tree Program.
Under Nathan’s leadership, this program successfully distributed and planted over 40,000 trees within three and a half years. Additionally, he co-developed and became a lead instructor for the Utility Vegetation Management Pre-Inspector Training Program in partnership with the Foundation for California Community Colleges at Butte College in Chico, California.
Nathan is also active in the arboriculture and forestry industry, continuously connecting with industry leaders to enhance his knowledge and share insights. He has published an article in the New York State Urban Forestry Council’s Taking Root Newsletter and frequently presents at urban forestry regional and national conferences.
His contributions to urban forestry have earned him the 2023 Rising Star Award from the San Diego Regional Urban Forests Council and the 2021 Award for Best Innovative Urban Forestry Program.
Notable Project Experience
• Senior Consulting Utility Forester – Utility Vegetation Management Programs (San Diego Gas and Electric, Southern California Edison, Pacific Gas and Electric)
• Project Manager – San Diego Gas and Electric Sustainable Tree Program
Ryan Veiga
Junior Environmental Consultant
Ryan V eiga is a Junior Environmental Consultant with Davey Resource Group, Inc. (DRG) in northern California. Ryan brings over four years of industry experience to DRG in the natural resource conservation field, with experience working in various areas, including urban forestry and utilizing i-Tree suite. He has served in several roles for AmeriCorps, the United States Forest Service, and the Bureau of Land Management in select western states.
As a junior environmental consultant with DRG, Ryan works closely with other consultants and assists them with various projects, data organization, and analysis.
Throughout his career, Ryan has had experience in record- keeping, including specific areas of improvement regarding urban forestry . Additionally , one of Ryan’s initial projects with DRG included a resource analysis for the City of South San Francisco, where he analyzed the city’s tree data using i-Tree Eco. Further, he developed a full write-up to aid managers in evaluating the health and economic significance of the City of South San Francisco’s tree resource.
Ryan has also used his various skills on reports for Los Angeles Parks and Recreation and the City of Los Angeles by utilizing Adobe InDesign for the layout population. He also performed background research for assessments of the Cities of Watsonville, CA, and Carmel-by-the-Sea, CA, in addition to policy and code review or summarization.
Education
• B.S., Biology, Northern Arizona
University
Certifications
• Adult First Aid/CPR/AED, American
Red Cross
p i h s n w o T n i l k n a r F
t n e K
= Approximate Davey Corporate Campus boundary
= Areas of wetlands delineated within study area
(0.795 acre)
Aerial imagery source:
Nearmap®8 March 2021
p i h s n w o T n i l k n a r F
t n e K
= Approximate Davey Corporate Campus boundary
= Areas of wetlands delineated within study area
(0.795 acre)
Aerial imagery source:
Nearmap®8 March 2021
Education
• M.S., Environmental Science
and Management, University of
California, Santa Barbara
• B.A., Geography: Earth Systems
Science, University of California,
Berkeley
Credentials
• International Society of
Arboriculture (ISA) Certified
Arborist, RM-8673A
• Adult First Aid/CPR/AED,
American Red Cross
Special Training
• Municipal Forestry Institute,
Urban and Community Forestry
Society
• Woody Plants and Conifers, Front
Range Community College
• Citizen Pruner, Trees New York
Volunteer Opportunities
• Denver Digs Trees
• Arbor Day Foundation
• Shea Properties | Denver Tech Center Field Inventory | Inventory Arborist
• Los Angeles Urban Forestry Division | LA Streets Field Inventory | Inventory Arborist
• Gig Harbor, WA | Gig Harbor Urban Tree Canopy Assessment | Inventory Arborist
• Sammamish, WA | Sammamish Urban Forest Inventory and Resource Analysis | Inventory Arborist
• Jamestown, NY | Jamestown, NY, Urban Forest Inventory Analysis | Inventory Arborist
• Edgewater, CO | Edgewater, CO, Urban Forest Management Plan | Inventory Arborist
RESUMERESUME
Maegan Blansett
Arborist
Maegan Blansett is a consultant and an inventory arborist with Davey Resource Group, Inc. (DRG). She has worked with communities throughout the U.S. and Colorado to develop their urban forest resources. She is well versed in producing urban tree canopy assessments and r
eporting, including identifying client goals, data preparation and analysis, and designing and presenting the final report. Maegan leverages her experience to develop creative and informative assessments and reports for a variety of clients.
Before joining DRG, Maegan worked with another urban forestry firm, where she contributed to producing urban tree canopy assessments and the subsequent planning documents and assisted leadership with general task management, training, and oversight. She was instrumental in developing the urban forest master plan for Colorado Springs. Prior to working as an urban forestry consultant, Maegan was an oak health monitoring specialist and, as such, recruited, trained, and managed volunteers; conducted surveys; and assessed their results as a team leader for the 2015 Street Tree Census for NYC Parks.
In addition to her professional endeavors, Maegan is dedicated to community involvement and actively volunteers with the Arbor Day Foundation and Denver Digs Trees.
Notable Project Experience
Rachael Sitz, Ph.D.
Associate Consultant
Rachael Sitz is an associate consultant with Davey Resource Group (DRG). Rachael joined DRG in 2019 after ten years of experience researching insect pests and diseases impacting urban trees. She has experience in guiding tree care professionals on the proper timing to manage pests and diseases and suggestions for practical management options.
Rachael is responsible for researching and writing urban forest management plans and detailed technical reports for clients throughout the western United States. She has played a primary role in developing a Pest Management Plan for the Colorado State Forest Service and Urban Forestry Plans for California communities, including Artesia, Garden Grove, and Y uba City , as well as a Street Tree Plan for Santa Cruz.
She has made significant contributions to over 15 peer-reviewed scientific publications and general reports on the interactions between insects and plant pathogens, means of pest and pathogen spread, and the basic biology of insect pests. She is a member of the American Phytopathological Society of America and the Entomological Society of America. Rachael holds a Ph.D. and Master’s degree in Entomology and Plant Pathology from Colorado State University and Bachelor’s in Insect Science and Plant Biology from the University of Nebraska-Lincoln.
Education
• Ph.D., Bioagricultural Sciences and
Pest Management with an emphasis
in Plant Pathology, Colorado State
University
• M.S., Bioagricultural Sciences and
Pest Management with an emphasis
in Entomology, Colorado State
University
• B.S., Plant Biology and Insect
Science, Minor in Biology, University
of Nebraska-Lincoln
Certifications
• Adult First Aid/CPR/AED, American
Red Cross
Professional Affiliations
• American Phytopathological Society
Of America, Member
• Entomological Society of America,
Member
p i h s n w o T n i l k n a r F
t n e K
= Approximate Davey Corporate Campus boundary
= Areas of wetlands delineated within study area
(0.795 acre)
Aerial imagery source:
Nearmap®8 March 2021
RESUME
p i h s n w o T n i l k n a r F
t n e K
= Approximate Davey Corporate Campus boundary
= Areas of wetlands delineated within study area
(0.795 acre)
Aerial imagery source:
Nearmap®8 March 2021
William D. Ayersman, GISP, MS
Project Manager, GIS & Remote Sensing Services
Education
• M.S., Forestry, West Virginia
University
• B.S., Forest Resource
Management, West Virginia
University
Credentials
• Certified Geographic Information
Systems Professional (GISP),
#72590
• Adult First Aid/CPR/AED,
American Red Cross
Professional Affiliations
• American Society of
Photogrammetry and Remote
Sensing (ASPRS)
• Association of American
Geographers (AAG)
• Ohio Urban Regional System
Association (URISA), Ohio Chapter
Presentations
• MAC-ISA Mid-Atlantic Conference.
“Inventories—From Simple to
Complex: Urban, Community, and
Utility Applications, ” October 6,
2020, Virtual Platform
• Society of Municipal Arborists
Conference. “How Story Maps Can
Be Used As An Effective Public
Outreach Tool, ” November 19,
2019, Cleveland, Ohio
• Environmental Concerns in Right-
of-Way Management Conference.
“A Proactive Approach for ROW
Vegetation Management Using
GIS and Remotely Sensed Data, ”
September 26, 2018, Denver,
Colorado
William D. Ayersman, GISP , MS, is the geospatial services manager with Davey Resource Group, Inc. (DRG). He has extensive experience applying spatial analysis and predictive modeling to natural resources, including identifying right-of-way clearance concerns, assessing tree health and identifying species, and understanding climatic, social, and environmental concerns. His daily responsibilities involve the management of GIS and remote sensing projects that include imagery and LiDAR analysis, generating custom maps and reports, and creating and designing predictive and suitability models. Since 2011, he has been the project lead on all urban and utility forestry projects.
Will is essential in developing innovative GIS tools and solutions, focusing on the urban canopy effects of stormwater, watersheds, and ecosystem cost/benefits analysis. He has experience and knowledge in forestry resource management, cartography, landscape metrics, and spatial statistics. He also oversees the collection of our drone LiDAR program and routinely calculates LiDAR-derivatives such as surface models, terrain models, and vegetation height models. In addition, Will has experience during his tenure at West Virginia University updating wetland layers for environmental projects.
Examples of his work directly related to this project include over 220 GIS assessments of vegetation, over 30 LiDAR-based projects, numerous cost estimates, and comparison quotes.
Notable Project Experience
• Allegheny County, PA | LiDAR Analysis for Tree Canopy Change | Project Manager
• Wake County, NC | Wake County Tree Canopy Assessment and Change Detection | Project Manager and Lead GIS Analyst
• Charlotte, NC | Land Use Change Detection and Analysis | Lead GIS Analyst
• West Virginia DNR | Wetland Change Detection and Mapping | GIS Analysis and Modeling
• ODOT | Bee Pollinator Plot Research | Lead GIS Analyst for Pollinator Garden Site Selection
RESUME
p i h s n w o T n i l k n a r F
t n e K
= Approximate Davey Corporate Campus boundary
= Areas of wetlands delineated within study area
(0.795 acre)
Aerial imagery source:
Nearmap®8 March 2021
RESUME
p i h s n w o T n i l k n a r F
t n e K
= Approximate Davey Corporate Campus boundary
= Areas of wetlands delineated within study area
(0.795 acre)
Aerial imagery source:
Nearmap®8 March 2021
Jessica Atsas
Marketing Designer
Education
• B.F.A. Graphic Design, minor in
Advertising and Public Relations,
Youngstown State University
Credentials
• Adult First Aid/CPR/AED,
American Red Cross
Special Training
• Adobe Creative Suite (InDesign,
Photoshop, Illustrator)
Jessica Atsas is a marketing designer with Davey Resource Group, Inc. (DRG). Jessica has over 16 years of industry experience in print and digital design, including publication layout, branding and identity, digital photo manipulation, and marketing.
With DRG, Jessica is responsible for supporting the layout and creation of competitive bids and billable projects, such as urban forest master plans, custom illustrations, and custom reports. She supports all DRG Environmental Consulting teams nationwide to provide design and marketing support services for their projects.
Before joining DRG, Jessica began her career as a graphic designer in an advertising agency, then as the Assistant Director of Branding with a university athletic department, and as a small business owner providing graphic design services to various local businesses. Throughout her career as a graphic designer, she has had the opportunity to create award-winning and nationally recognized projects.
Jessica’s professional projects include 200-page sports information media guides, editorial layouts, advertisements in print and digital outlets, infographics, brochures, logo and identity design, flyers, signage, and various print and digital projects while understanding the importance of maintaining brand standards. She has over a decade of experience in pre-flighting files, prepress, and printing processes for offset and digital methods.
Jessica is also a volunteer for Orca Conservancy, a non-profit organization focusing on the threats facing the critically endangered Southern Resident killer whale population.
City of Montebello
RFP No. 26 – 02
Urban Forest Management
Plan
Due: Thursday, September 25, 2025 at 11 :00am
Attachment D
Client Name / RFP Name
2 S
etting the Gold Standard
Table of Contents
1. LETTER OF INTEREST .......................................................................................................... 3
2. PROJECT UNDERSTANDING & APPROACH ........................................................................ 4
3. RELEVANT EXPERIENCE ..................................................................................................... 9
4. PROPOSED SCOPE OF SERVICES ....................................................................................... 17
5. CONFLICT OF INTEREST STATEMENT ............................................................................. 18
6. COST PROPOSAL – SEPARATE FILE ......................................................................................
Client Name / RFP Name
4 Setting the Gold Standard
2. PROJECT UNDERSTANDING & APPROACH
Project Understanding
We understand that the City of Montebello, in partnership with CAL FIRE, seeks a consultant to lead the development and implementation of a comprehensive Urban Forest Management Plan (UFMP). This initiative will enhance the City's urban forest infrastructure, engage residents through education and volunteerism, and ensure long-term maintenance and resilience of new tree plantings. Our team is fully prepared to support the City in achieving these goals through strategic planning, effective community outreach, and implementation of industry best practices.
Project Approach
A. Project Management
• Assign a dedicated project manager as primary liaison with City Public Works staff. • Establish a clear work plan, timeline, and communication protocols. • Host regular biweekly or monthly coordination meetings to ensure progress aligns with City goals and resources.
B. Community Engagement
• Organize and lead five (5) community workshops across varied locations and times to present data and gather feedback.
• Participate in additional City and regional events to maximize outreach. • Design and administer an Urban Forestry Community Survey, prefaced with current canopy and inventory assessment summaries, to collect insights on community priorities and climate resilience awareness.
• Develop climate-ready tree care materials and distribute at events and workshops.
C. Urban Forest Management Plan (UFMP) Development
• Develop a UFMP that incorporates:
o Community feedback
o Canopy and inventory data (provided by others)
o Quantified benefits (carbon sequestration, shade, energy savings, etc.) o Strategic goals and routine maintenance protocols
o Recommended species list and planting guidelines
o Evaluation and monitoring tools
• Align UFMP with ISA standards and urban forestry best practices. • Present a draft UFMP to City Council, stakeholders, and residents; revise based on feedback for final adoption.
Client Name / RFP Name
5 Setting the Gold Standard
What is a Urban Forest Management Plan?
An Urban Forest Management Plan (UFMP) is a guide to help manage the urban forest, now and in the future. This is an opportunity to document the community’s urban forest resources and identify goals for preservation, enhancement, and restoration. It is a roadmap that creates a shared vision for the future of an urban forest tree canopy.
Why Do We Need One?
Trees are an essential aspect of the landscape and have had a tremendous role in shaping the way people see their community. Proper planting of more trees and caring for our existing trees can help assure a healthy urban forest for generations to come. Trees offer many benefits: from the shade and cooling of our streets; the habitat they provide for local fauna and the grace and beauty they add to our urban environment. However, planting and maintaining street trees requires a coordinated approach and this master plan will help by providing:
• A sound framework for the selection, use and maintenance of trees • Better tools for the planning and budgeting of future tree planting projects • Improved techniques for tree planting and protection
The UFMP presents an opportunity to link and integrate with other key plans and initiatives in the community that are relevant to trees. Policies, goals, maintenance budgets, and public education programs involving trees now exist in multiple silos throughout the community. In order for our collective efforts to be effective, it is essential that the UFMP make an attempt to span these silos, and for staff and stakeholders to work in unison.
Increased Public Safety
All public works agencies know that a large part of their primary mission is to assure safety and manage risk related to public infra-structure. A tree inventory and management plan will provide lists of trees requiring priority removal and pruning that a manager can carry out within the limits of budget and time. The inventory can be used subsequently to monitor trees for safety risks on a continual basis. By implementing recommendations made in the management plan, storm damage risks will also decline.
Increased Efficiency
Once an inventory has identified the work to be done and a management plan has prescribed a maintenance program, a manager can execute that work in a much more efficient manner than A UFMP includes an inventory of the existing tree
population, identifies new tree planting locations,
specifies canopy goals, management objectives,
maintenance tasks and actions, green waste and
wood recycling, best practices for wildlife and tree
risk and health monitoring plan.
Client Name / RFP Name
6 Setting the Gold Standard
before. By scheduling all work in a given area to be done at the same time (rather than by reacting to single requests) the savings in travel and setup time are substantial, with historical examples showing about a 50 percent reduction in cost—especially when a system of rotational work and/or preventative maintenance is adopted. There is also increased efficiency in the office created by using an electronic inventory to locate and manipulate records and select and schedule work. The efficient response to citizen requests and questions also improves customer service.
Facilitate Short– and Long-term Planning
Planning can be made for both short term and long term by utilizing the results of the tree inventory in conjunction with the UFMP. Maintenance and planting needs can be identified and budgeting for the future can be better managed.
Justify Budgets
The UFMP provides the data and analysis needed to determine specific levels of funding for tree maintenance and tree planting projected over a multi-year period. With accurate data, a manager can establish, prioritize, and justify annual budget requests. The tasks and associated costs are clearly spelled out in the plan and can be supported by detailed lists. Many public works managers have found that they have much greater success with budget requests that are based on the analysis of high-quality data. Also, a good inventory provides a solid basis for grant applications.
Documentation
For many reasons, public works managers are frequently asked to provide documentation of their actions. This documentation can range from annual work accomplishments to a contractor’s costs per tree, from a removal list to a specific service request. Some requests may be routine, while others may have strong budgetary or even legal implications. The Urban Forest Management Plan and ArborAccess make such documentation very easy through reports that are included in the plan or that can be generated from the inventory database. ArborAccess come with standard reports, and there is usually a mechanism for creating special reports.
What Is Included?
The UFMP is tailored to the Agency’s needs based on the current needs and how the Agency wishes the forest to be managed in the future. A typical plan can take up to a year and involves outreach to the residents and business owners in the community to incorporate their feedback.
Client Name / RFP Name
7 Setting the Gold Standard
Sample Urban Forest Management Plan
Anticipated sections of the UFMP:
• Executive Summary
o History and Background
• Inventory Report
o Canopy Assessment
o Priority Trees
• Urban Forest Operations
o Maintenance Program
o Maintenance Schedule
o Standards and Best Management Practices
o Plant Health Care & Risk Assessment
o Green Waste and Urban Wood Recycling
o Emergency Operations
o Wildlife Protection
• Climate Resiliency
o Tree Palette
o Planting Plan
o Reduction of Urban Heat Island Effects
o Planning, Development, and Infrastructure
o Sustainability
• Public Participation
o Education-Tree City USA
o Tree Ordinance
o Caring for Private Trees
o Resources and Guides for Homeowners and Businesses
Client Name / RFP Name
8 Setting the Gold Standard
Sample Build -Your-Own UFMP Chapter Selection Options
Client Name / RFP Name
9 Setting the Gold Standard
3. RELEVANT EXPERIENCE
CITY OF NORWALK Completed July 2025
WCA updated the City’s inventory and existing Urban Forest Management Plan to incorprate current ASI A300 standards and ISA Best Management practices.
Contact: Gabriela Garcia, Senior Management Analyst
12700 Norwalk Blvd., Norwalk, CA 90650 ~ (562) 929-5514 ~ [email protected]
BUDGET: $76,000
CITY OF MONTEREY PARK Completed August 2024
WCA worked with the City of Monterey Park to create a Urban Forest Managemant Plan report which includes a discussion on the major trends in the City’s tree inventory such as the condition of the trees and their current recommended maintenance. UFMP also included how the City can meet its canopy cover goal and numerous resources for the public to understand and participate in urban forest management.
Contact: Xochitl Tipan, Public Works Manager
320 W. Newmark Ave., Monterey Park, CA 91754 ~ (626) 307-1291 ~ [email protected]
BUDGET: $60,000
CITY OF INGLEWOOD Completed October 2023
WCA worked with the City of Inglewood to create a Urban Forest Managemant Plan. The plan not only describes how the city will care for its trees, but also provides a list of the species the city can plant in areas adjacent to public streets.
The updated plan also sets a goal of increasing the overall number of trees on city properties, which will ultimately increase the capture of greenhouse gases.
The City’s maintenance contract with WCA includes real time updates to the tree inventory.
Contact: Flynn Marine, Public Works Manager
222 W. Beach Ave., Inglewood, CA 90302 ~ (310) 412-5422 ~ [email protected]
BUDGET: $60,000
*Copies of the complete Urban Forest Management Plans can be provided upon request.
Files too large to include.
Client Name / RFP Name
10 Setting the Gold Standard
Firm Qualifications
WEST COAST ARBORISTS, INC. (WCA)
is a family-owned and operated union company employing over 1,300 full-time employees providing tree maintenance and management services. We are proudly serving over 350
municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day throughout California, Arizona, Texas, and New Mexico.
OUR VISION
As a corporate citizen, WCA’s responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality, and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer’s valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue.
COMPANY INFORMATION
President: Patrick Mahoney
O
rganization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers’ Union:
LiUNA!
SAM Entity ID: CFJMVMJ9NSD1
Website: wcainc.com
CORPORATE OFFICE
2200 E. Via Burton St.
A
naheim, CA 92806
REGIONAL OFFICES
Escondido, CA
F
resno, CA
Indio, CA
Ontario, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA
CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
C
orporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]
FIELD MANAGEMENT
Tim Crothers, PHC Manager
C
orporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]
EMERGENCY RESPONSE 24/7
1-8 00 -LIMB-DOWN
Client Name / RFP Name
11 Setting the Gold Standard
Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers’ satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest.
• In business continuously and actively since 1972
• Contractor’s License C61/D49, C49,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A+ rated company
• 1,300+ employees
• 350+ contracts with public agencies
• 100+ Certified Arborists
• 155+ Certified Tree Workers
• Drug-free workplace
• 14,000 sq. ft. company-owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 yrs
• Avg. 46,000 trees removed annually over past 3 yrs
• Avg. 20,000 trees planted annually over past 3 yrs
• Avg. 250,000 trees inventoried annually over past 3 yrs • Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and fillings with state and federal government • Sales volume over $220 million annually
• Fleet of approximately 1,700 pieces of equipment
Active Memberships:
Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
League of California Cities (LCC)
California Parks & Recreation Society (CPRS)
Association of California Cities|
–Orange County (ACCOC)
Maintenance Superintendents Association (MSA)
California Landscape Contractors Association (CLCA)
Street Tree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)
Western Chapter International Society of
Arboriculture (WCISA)
Client Name / RFP Name
12 Setting the Gold Standard
Key Staff and Team
GONZALO REGALADO Area Manager
Gonzalo Regalado has over 20 years’ experience in the tree care industry as he joined WCA, Inc. in 2002. During his career, he has earned many promotions within the company; from Groundman to Tree Trimmer to Foreman to Supervisor and now as Area Manager. He has achieved necessary certifications and completes continued education units to maintain his credentials. As an Area Manager, he will be the Agency’s main point of contact as he is responsible for providing customer service, estimating work, while managing filed operations and crews throughout the Southeast Los Angeles region. His experience includes managing large contracts such as City of Bell, City of Pico Rivera, City of Santa Fe Springs, and the City of Whittier.
• ISA Certified Arborist/Tree Worker Climber Specialist #WE-9952AT • TCIA Certified Treecare Safety Professional (CTSP) #03952 • ATSSA Traffic Control Technician #459653
TIM CROTHERS Plant Health Care Manager
Tim Crothers has over 20 years of experience working in the horticulture industry. He started working at WCA in 2012 as a supervisor. He was quickly promoted to Area Manager, a role that required him to produce reports as a Certified Arborist as well as train staff and clients in proper tree care, inventory management, landscape design and plant identification. In his role as Plant Health Care Manager, Mr. Crothers supervises arborist services staff and plant health care operations throughout California and Arizona. He oversees the creation of Urban Forestry Master Plans (UFMPs) and is a Registered Consulting Arborist by the American Society of Consulting Arborists.
Mr. Crothers has overseen the creation of multiple Urban Forest Management Plans, the purpose of which is to function as a guide for municipal agencies to help manage their urban forest, for the present and the future. He has worked with cities to create a sound framework for the selection, use and maintenance of trees, providing them with better tools for planning and budgeting. His experience includes the creation of Urban Forest Management Plans for the City of Hawaiian Gardens, City of Carlsbad, and the City of Santee. Most recently he completed a CFMP for the City of Fullerton. • ISA Board Certified Master Arborist #WE-7655BUM
• B.S. Environmental Horticulture Science
• ASCA Registered Consulting Arborist #721
• CA Dept. Pesticide Regulation QAL #145321 B, D
• ISA Tree Risk Assessment
• Qualified & TLC Wildlife Aware
Client Name / RFP Name
13 Setting the Gold Standard
ANDREW PINEDA GIS Manager
Andrew Pineda has been with WCA since 2018 and is an ISA Certified Arborist. As WCA’s GIS Manager, he works on a wide range of projects including tree inventories scope and collection, iTree analysis, tree canopy assessments, tree planting prioritization, ArborAccess training, grant funded tree planting projects, and much more.
He was worked with tree inventories of all sizes from small campus inventories with less than 5,000 trees to large California cities with over 140,000 trees. He has in-depth knowledge and understanding of tree inventories, urban forestry best practices, and spatial data and works closely with office and field personnel to ensure tree inventories, reports, and analysis exceed customer expectations.
• ISA Certified Arborist #WE-12738A
• M.S. Geographic Information Science (GIS), CSU Long Beach • B.A. Environmental Science, Boston University
• FAA UAS Part 107 Remote Pilot
KELLY PARKINS Plant Health Care Coordinator
Ms. Parkins is WCA's Plant Health Care (PHC) Coordinator. She joined WCA in August of 2021 and previously worked for the City of Long Beach - Parks Department as their Superintendent of Grounds Maintenance and Park Development. She is a Pest Control Advisor and holds a QAL. Her education includes an M.S. in Agricultural Sciences from Cal Poly Pomona where she was also a lecturer and research station campus manager from 2008 to 2015 teaching Turfgrass Management and Soil Science. She has been a Golf Course Superintendent at Aliso Viejo Golf Club and a Horticultural Superintendent at Shady Canyon Golf Club in Irvine. Her position as PHC Coordinator includes inspecting sites, writing pesticide recommendations, meeting with customers and more! • ISA Certified Arborist WE-13868AM
• ISA Tree Risk Assessment Qualified
• DPR Qualified Pest Control Advisor #PCA74466 (A, B, E, G) • DPR Qualified Pest Control Applicator #QAL96878 (A, B, C, E)
Client Name / RFP Name
14 Setting the Gold Standard
JEFF CRAIN Consulting Arborist
Jeff Crain has over 24 years of consulting and project management experience in botanical field research, ecological studies, habitat restoration, and tree surveys. Jeff’s responsibilities as a Consulting Arborist include establishing GPS tree inventories, arborist report writing, tree risk assessments, aerial inspections, pre-construction planning and diagnosing tree disorders, in addition to tree appraisal reports; collecting soil and/or tissue samples as needed and interpreting the results. Jeff will be the main writer for the UFMP.
• ISA Board Certified Master Arborist WE-6658B
• DPR Qualified Pest Control Applicator #QAL161631
• ISA Tree Risk Assessment Qualified
REBECCA MEJIA Consulting Arborist
Rebecca Mejia has over 25 years’ experience in the tree care industry. While her career started with the US Forest Service, she joined WCA as a Data Collector in 1995. Today, Rebecca’s responsibilities as a Consulting Arborist include establishing GPS tree inventories, arborist report writing, tree risk assessments, aerial inspections, pre- construction planning and diagnosing tree disorders, in addition to tree appraisal reports; collecting soil and/or tissue samples as needed and interpreting the results. Over her career, Rebecca has completed over 1,000 arborist reports for various public agencies all over Southern California. She will serve as one of the main writers of the UFMP. • ISA Board Certified Master Arborist WE-2355B
• B.S. Natural Resources Management with Minor in Urban Forestry, Cal Poly San Luis Obispo
• ISA Tree Risk Assessment Qualified
Client Name / RFP Name
15 Setting the Gold Standard
LISSETTE RIOS Plant Health Care Urban Biologist
Lissette Rios is WCA's Urban Biologist who joined our team in 2021. She began by assisting municipal and non-profit partners in managing urban forestry grants and her role has evolved since. Her passion for the sciences has led her to over 10 years of experience, from marine microbiology research to corporate sustainability with a focus on sustainable and resilient community development.
In her role at WCA, she conducts wildlife inspections to mitigate the impacts on wildlife during tree work. Additional duties include handling the transfer of wildlife to rehabilitation facilities and consulting with the CA Dept of Fish and Wildlife (FWS) to ensure compliance with state and federal regulations. Lisette is dedicated to developing the wildlife monitoring program and providing training to field our crews. Lissette conducts nesting bird surveys and volunteers with Tree Care for Birds and other Wildlife.
• I SA Certified Arborist #WE -15480A
• Master of Enviornmental Management, Western State Colorado University • B.S. Biology, UC Riverside
• Certified Associate Ecologist (CAE)
• Wildlife Aware Program Grad
• Green Chemistry & Chemical Stewardship Certified (UW)
Client Name / RFP Name
16 Setting the Gold Standard
Organization Chart
Client Name / RFP Name
17 Setting the Gold Standard
4. PROPOSED SCOPE OF SERVICES
WCA proposes to follow the scope of work guidelines provided in the specifications.
Deliverables
• Synthesized survey report on community urban forestry priorities. • Five (5) community engagement events + presence at additional City/regional events. • Completed and City-adopted UFMP.
• 500 public trees planted and maintained with data integration. • 250 residential trees distributed with care agreements and educational support.
Compliance and Timeline
We acknowledge the project performance period extends through March 31, 2028, and are prepared to adhere to all project milestones and reporting deadlines, including any adjustments required by CAL FIRE or the City. We will ensure compliance with all funding conditions and regulatory requirements.
Client Name / RFP Name
18 Setting the Gold Standard
5. CONFLICT OF INTEREST STATEMENT
West Coast Arborists, Inc. has no conflict of interest.
ADDENDUM NO. 1
Urban Forest Management Plan
RFP 26-02
September 16, 2025
This notice comprises Addendum No. 1 to City of Montebello RFP 26-02. This addendum provides the questions submitted by vendors and responses provided by the City.
Question 1. In the cost proposal, Budget Item description, what does “eCivis” refer to? Completion and adoption of the Urban Forest Management Plan. Reporting through eCivis, coordinating internal and external meetings with City staff and Cal Fire staff (as needed per the scope of work defined in the RFP).
Response- eCivis is CAL FIRE portal for grant administration. Proposer must be knowledgeable and able to submit documents through eCivis. https://34c031f8-c9fd-4018-8c5a-4159cdff6b0d-cdn- endpoint.azureedge.net/-/media/calfire-website/what-we-do/grants/other/ecivis-grants-portal--cal-fire- applicant-user-guide-revised-feb-
2025.pdf?rev=203727925cdb4091b4a00eb07b8258bb&hash=484CDBF7FDBA6DBB5C4313F2754F6F49
Question 2. On Page 6, 2.0 Introduction. Could the City be more specific with regarding what type of assessments they require for the UFMP? It is simple health assessments of trees or does it also involve risk assessments such as ISA Level 1 Limited Visual Assessments involving such aspects of likelihood of failure or target identification? “Assessments will include completion of an inventory for all trees managed by the City, as well as a LiDAR-verified tree canopy analysis. Data collection will be completed through community surveying and workshops.”
Response- This specific request for proposal (RFP) only focuses on the development of an Urban Forest Management Plan (UFMP). Another RFP currently seeking proposals will focus on the inventory portion of the grant. The inventory will support the narrative in the UFMP.
Question 3. Same paragraph and quote as above. Could the City be specific about what constitutes data collection? Is it data collection of what vacant tree sites are available, of what residents want a tree, or both of these? The text isn’t clear because it follows a sentence involving the “completion of an inventory.” Does the city have any CalFire grant criteria or inventory attributes with regards to the data collection that need to be considered?
Response- Tree inventory is not a part of this RFP. There is a current RFP that will complete this task.
Question 4. Can the City confirm whether or not they are looking to complete a tree canopy analysis and tree inventory as part of this scope of work? The RFP states this will be "performed by others"
Response- Yes, performed by others. This RFP focuses on the UFMP.
Question 5. What is the in-person requirement for community workshops and stakeholder engagement meetings?
Response- Proposer to provide the number of ideal meetings needed to receive community input, schedule to be at City events to receive community engagement, meet with staff, etc.
Question 6. To confirm, the City is also looking to have the same consultant who completes the UFMP complete the tree planting initiative?
Response- Yes. Proposer to coordinate with community volunteers, non-profit groups, school groups, etc. to plant the trees throughout the community that will be purchased as part of another RFP.
Question 7. Can the City share what the anticipated funding or budget is likely to look like?
Response- $160,000.
__________________________
Cesar Roldan
Director of Public Works
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: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4420 TO WEST COAST ARBORIST FOR INVENTORY OF THE CITY’S URBAN
FOREST AND PURCHASE OF TREES
DATE: October 22, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Award Professional Services Agreement No. 4420 to West Coast Arborists, Inc. to conduct an inventory of the City's urban forest in the not-to-exceed amount of $186,000, with $180,000 payable from reimbursable Cal Fire grant funds (Account No. 249-30-320-6040.10, Cal Fire Urban Forestry Management, Public Works, Trees, Contract Services Outside Contracts), and $6,000 from Account No. 100- 30-320-6040.10 (General Fund, Public Works, Trees, Contract Services Outside Contracts); and
2. Authorize the City Manager to execute the professional services agreement in good faith; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
On August 13, 2025, the City Council adopted Resolution No. 25-11 accepting the State Department of Forestry and Fire Protection (Cal Fire) Urban Forest Management Plan (UFMP) Agreement No. 8FG23407 in the amount of $777,500. Authorization was given to amend the Fiscal Year 2025-26 budget to include the appropriations of $777,500 in Account No. 249-30-320-6040.10 (Cal Fire Urban Forestry Management, Public Works, Trees, Contract Services Outside Contracts) and $180,000 in Account No. 100-30-320- 6040.10 (General Fund, Public Works, Trees, Contract Services Outside Contracts).
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
Based on the adopted resolution and the executed Agreement No. 8FG23407, staff recommend awarding the Professional Services Agreement No. 4420 (Attachment A) to West Coast Arborist, Inc. for the amount of $186,000, with $180,000 payable from reimbursable Cal Fire grant funds and $6,000 from the General Fund.
BACKGROUND/DISCUSSION:
Staff requested authorization to submit an urban forestry funding application under the California Department of Forestry and Fire Protection's Urban Forestry Program (CalFire). The Urban Forestry Act's (PRC 4799.06 - 4799.12) Urban and Community Forestry Program (UCF) works to expand and improve the management of trees and related landscapes in communities throughout California. The mission of CalFire is to lead the effort to advance the development of sustainable urban and community forests in California.
On September 4, 2025, staff released Request for Proposals No. 26-03 (RFP No. 26-03) Tree Inventory and Purchasing Trees for Distribution Project on PlanetBids. Staff received questions on or before September 16, 2025, in which staff were able to respond to the questions on or before September 18, 2025. The city received two proposals on or before 11:00 am on September 25, 2025, from the following two (2) firms: Greenfield Landscaping and Maintenance, Inc. (Attachment B) and West Coast Arborists (Attachments B and C).
Inventorying trees located in the public right-of-way and parks requires a statistically reliable survey of publicly owned and managed trees, used to determine the location and the exact measurements of quantity, quality, health, and trends of the urban forest, as well as a description of other urban forest attributes, such as potential planting sites, utilities present, and hardscape features. Data commonly collected during an inventory includes:
• Location*
• Species
• Diameter
• Condition
• Maintenance needs and priority
• Proximity to utility lines, traffic signs and signals • Sidewalk and other hardscape damage
• Insect and disease problems
• Potential planting sites
* The data collected for the urban forest will utilize Geographical Information System (GIS) coordinates collected by geographic positioning systems (GPS) equipment. Based on this information, sustainable management plans and accurate budgets can be developed for the care of the urban forest.
The proposals were reviewed and rated according to the evaluation criteria set forth in RFP No. 26-03, which included relevant experience, quality of references, cost, amongst other factors. West Coast Arborist, Inc.’s expertise and specialized knowledge in arboriculture, tree risk assessment, disease control, and urban forestry, ensures a higher
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
quality of maintenance and management of the City’s urban forest.
West Coast Arborists, Inc. submitted a comprehensive proposal to inventory the existing City trees and purchase trees per the CalFire grant requirements. For the above- mentioned reasons, the recommendation is to award West Coast Arborist, Inc. the professional services agreement.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends awarding Professional Services Agreement No. 4420 to West Coast Arborists, Inc. (Attachment A) in the amount of $186,000 to conduct an inventory of the City's urban forest. The project will be funded primarily by Cal Fire grant funds from Account No. 249-30-320-6040.10 (Cal Fire Urban Forestry Management, Public Works, Trees, Contract Services Outside Contracts) in the amount of $180,000, with the remaining $6,000 to be funded from Account No. 100-30-320-6040.10 (General Fund, Public Works, Trees, Contract Services Outside Contracts).
Staff further recommends that the City Manager be authorized to execute Professional Services Agreement with West Coast Arborists, Inc.(Attachment A).
ATTACHMENT(S)
1. Attachment A - West Coast Arborists Inc. Professional Services Agreement No. 4420
2. Attachment B - WCA Tree Inventory and Purchasing Trees Proposal
3. Attachment C - Greenfield Landscaping and Maintenance, Inc. response to RFQ 26-03
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4420
WITH WEST COAST ARBORISTS, INC.
(RFP No. 26-03)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on October 22, 2025 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and WEST COAST ARBORISTS, INC., a California corporation (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified professional to inventory the CITY’s urban forest and purchase trees as part of the State Department of Forestry and Fire Protection grant; and
WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the CONSULTANT responded to CITY’s Request for Proposal No. 26-03 as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement, and its various Exhibits
b. RFP No. 26-03, attached hereto as Exhibit “A”
c. The CONSULTANT’S Proposal to RFP No. 26-03, attached hereto as Exhibit “B”
d. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
A. The CONSULTANT shall provide to the CITY those services that are set forth fully in RFP No. 26-03 and Consultant’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this reference (hereinafter “Professional Attachment A
Services”).
B. The CONSULTANT shall complete the Scope of Services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.
C. CONSULTANT shall be compensated in an annual amount not-to- exceed One Hundred Eighty Six Thousand Dollars ($186,000) (the “Compensation”) for the performance of the Scope of Services as set forth in Exhibit “C”. CONSULTANT shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONSULTANT shall not incur fees or costs which exceed the Maximum Annual Compensation without the prior written consent of the CITY.
D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of an invoice must be received by the CONSULTANT within thirty (30) days of the date of such invoice.
E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. The CITY shall pay undisputed amounts as provided for in the preceding paragraph.
SECTION 3. TERM.
This Agreement shall commence on October 22 , 202 5, and shall terminate on March 31, 2028; unless such deadline is extended in writing by a further agreement between the Parties or the Agreement is terminated sooner as provided in Section 8 herein.
SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.
b. The CONSULTANT shall employ, at a minimum, generally accepted standards a nd practices utilized by companies engaged in providing similar services, as a re required of CONSULTANT hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of a nd su bject to a ll CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to t h e CITY's approval, a dditional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. However, claims for money due or which become due to the CONSULTANT from the CITY under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.
e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically
related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents sh all be made available for inspection by the CITY upon request.
f. The CONSULTANT’s Reports or Meetings:
i. The CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator or Project Coordinator to determine, if the CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. ii. The CONSULTANT’s Project Manager shall meet with the CITY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).
SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY d uring and upon comp letion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No e xtra ser vices over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default,
and of the steps necessary to cure the default.
a. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to comple tion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prev ent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience . T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as pro vided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all pre vious payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that t h e CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.
SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers,
employees, or a gents shall h ave control o ver the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay sa lary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall n ot be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a p artnership, joint venture, emp loyment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to t he CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may n ot be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.
a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be e ligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for Cal PERS b enefits on behalf of t h e CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the co ntrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby a gree to waive any c laims to, a ny compensation, benefit, or any incident of employment by t h e CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t h e CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local g overnments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONSULTANT agrees to, and shall d efend, indemnify, protect a nd hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any a nd all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or d amages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Business Automobile Liability Insurance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the n ecessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement . The Consultant shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Principal Risk Officer
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
h. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY a s an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The CONSULTANT shall provide proof that p olicies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
j. The general l i a b i l i t y and a u t o m o b i l e p o l i c i e s o f insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required u nder this Agreement shall co ntain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates
of insurance to delete any exculpatory wording stating that failure of the insurer to mail written n otice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, emp loyees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
n. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONSULTANT shall not subcontract, delegate, or assign its d uties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any su bcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations und er this Agreement including, but n ot limited to, the duty to properly supervise and coordinate the work of employees, assignees, d elegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any p rovision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action
shall be entitled to reasonable attorney’s fees, expert fees, costs a nd necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and th is Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose
signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), p ersonally or on the second (2nd) business day af ter the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as h ereinafter pro vided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
If to the
CONSULTANT:
West Coast Arborists, Inc.
Attn: Patrick Mahoney, President
2200 E. Via Burton
Anaheim, CA 92806
Phone: (714) 991-1900
Email: [email protected]
An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental h andicap, mental co ndition or sexual orientation. The CONSULTANT will take affirmative action to e nsure that sub-consultant and applicants are employed, and that employees are treated during employment, without
regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the p erformance of its services h ereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's co venant under this section sh all sur vive the termination of this Agreement.
SECTION 25. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS.
a. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. b. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
c. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to the CITY. d. When a CONSULTANT or Subconsultant is a Non -Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
SECTION 26. RETENTION OF RECORDS/AUDITS.
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and the CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. The CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding
in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
SECTION 27. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING.
a. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
i. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State L egislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renew al, amendment, or modification of this Agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a m ember of Congress in connection with this Agreement, the CONSULTANT shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions in the LAPM.
b. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. c. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this c ertification be incl uded in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
SECTION 28. NON-DISCRIMINATION CLAUSE AND STATEMENT OF
COMPLIANCE.
a. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
b. During the performance of this Agreement, the CONSULTANT and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status,
nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancest ry, physical disability, me ntal disability, m edical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. c. The CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov.
Code §§11135-11139.5, and the regulations or standards adopted by the CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100- 8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
d. The CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty -four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said department or the CITY shall require to ascertain compliance with this clause.
e. The CONSULTANT and its subconsultant s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
f. The CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. g. The CONSULTANT, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
h. The CONSULTANT shall comply with regulations relative to non - discrimination in federally -assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964).
Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
i. The CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan (as set forth in Section 30), the CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
SECTION 29. DEBARMENT AND SUSPENSION CERTIFICATION.
a. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
i. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
ii. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
iii. Does not have a proposed debarment pending; and
iv. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. b. Any exceptions to this certification must be disclosed to LOCAL AGENCY.
Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action c. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
SECTION 30. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PARTICIPATION.
This Agreement is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs” (also referred to as “DBE”). The CONSULTANT shall assist the CITY in a good faith effort to achieve California's statewide overall DBE goal and applicable requirements pursuant to 49 CFR 26.
SECTION 31. ENTIRE AGREEMENT.
This Agreement contains the e ntire u nderstanding between the CITY a nd the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to
this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO WEST COAST ARBORISTS, INC.
Raul Alvarez, City Manager Patrick Mahoney, President
Date: ___________ Date: ____________
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS
• Exhibit A – RFP No. 25-06
• Exhibit B – Consultant’s Proposal to RFP No. 25-06
• Exhibit C – Compensation
Exhibit “A”
RFP No. 26-03
Exhibit “B”
CONSULTANT’S SCOPE OF SERVICES
Exhibit “C”
CONSULTANT’S COMPENSATION
City of Montebello
RFP No. 26 – 03
Tree Inventory & Purchasing
Trees for Distribution Project
Due: Thursday, September 25, 2025 at 11 :00am
Attachment B
Client Name / RFP Name
2 Table of Contents
1. LETTER OF INTEREST .......................................................................................................... 3
2. PROJECT UNDERSTANDING & APPROACH ........................................................................ 4
3. RELEVANT EXPERIENCE ..................................................................................................... 8
4. PROPOSED SCOPE OF SERVICES ....................................................................................... 13
5. CONFLICT OF INTEREST STATEMENT ............................................................................. 14
6. COST PROPOSAL – SEPARATE FILE .................................................................................. ....
Client Name / RFP Name
4 2. PROJECT UNDERSTANDING & APPROACH
Project Understanding
We understand that the objective is to complete a comprehensive tree inventory and urban forest management plan that supports the City's long-term sustainability, canopy coverage goals, and public engagement.
Project Approach
Tree Inventory
• Utilization of ISA and CAL FIRE Standards: All data collection, analysis, and maintenance procedures will strictly adhere to ISA and CAL FIRE protocols to ensure best practices in urban forestry.
• Certified Arborist Oversight: An ISA-Certified Arborist will lead the tree inventory process, ensuring accurate identification and assessment across all public spaces including streets, medians, parks, public facilities, and rights-of-way.
• Tree and Site Data Collection: We will catalog individual trees and vacant planting sites with detailed attributes including:
o Species
o Site type
o Tree condition
o Maintenance recommendations
o Tree height
o Diameter at breast/shoulder height (DBH/DSH)
• Vacant Site Identification: We will catalog all potential planting locations to support future planting efforts and guide green infrastructure investment.
• GIS & Web-Based Data Delivery: Data will be integrated into the ArborAccess platform, providing an accessible, interactive, and ongoing management tool for City staff. • LiDAR Canopy Assessment: We will conduct a LiDAR-based tree canopy analysis to benchmark current canopy coverage and identify areas for canopy expansion. • Ongoing Coordination: Biweekly to monthly coordination meetings with City staff will ensure project alignment with existing City goals and allow adaptive project planning.
Tree Distribution
• Purchasing and delivering 500 24” box public shade trees, per UFMP schedule. • Coordinating with the City on the strategic distribution of:
o 500 public trees
o 250 residential trees (250 provided by others)
• Ensuring all planted tree data is recorded and shared with City staff for integration into existing maintenance cycles.
Client Name / RFP Name
5 ArborAccess
In today's changing financial environment,
municipalities must continually search for ways to
maximize their budget dollars. Agency staffs are
being asked to find "real" long-term solutions and are
searching for areas where operations can be
performed more effectively and efficiently, or both.
One such area is tree maintenance; however, an
efficient tree maintenance plan stems from a clear
and concise tree inventory.
ArborAccess is a versatile tree inventory software
that is device agnostic, meaning it can be accessed
from any device, including iPads, iPhones, Androids,
and Windows devices. It works on any browser,
including Chrome, Edge, and Safari. ArborAccess is
designed and maintained in- house, ensuring that the
software is always up-to-date and functioning optimally. As a product for the customers, by the customers, ArborAccess continuously adds new features and welcomes feedback from users. The collaborative program allows both WCA and customer users to work together to create lists, work orders, and identify trees. Users can also add trees, insert work history, and much more, making ArborAccess a comprehensive solution for tree inventory management.
West Coast Arborists, Inc. (WCA) will provide the following:
A digitized inventory and assessment database of all trees located within the City locations as directed by Agency staff
An Arc-view/ArcInfo compatible file in a Windows-based format Develop tools that will assist the City in meeting their tree goals Provide training for these tools to City staff
Provide all data developed or created for this project to the City in an electronic editable format
Produce a final project report (“Inventory Deliverable”)
No subcontractors will be utilized for this project.
ArborAccess Features
Mobile app
Live data
GIS/GPS mapping
View tree site details
View work history
View invoices
Ease of use
Recycling Reports
Client Name / RFP Name
6 Software Training & Capabilities
Our IT Department is based out of our corporate office in Anaheim, CA with regional offices located throughout California and Arizona. Each office has the ability to provide software training to our customers. We are also available to provide training sessions on-site at the customer’s discretion. On-site training is proven to be effective as it provides a guided hands-on experience.
We offer periodic tree maintenance and management workshops each year. These free workshops are provided to our customers regionally and educate over 250 people annually. Presentations are provided by WCA management staff and complimented with guest speakers in the industry.
Certified Arborists and Tree Workers who attend are eligible to receive continuing education credits (CEU’s) from the International Society of Arboriculture.
Software Updates/Technical Support
WCA proposes the following:
• Unlimited telephone and/or e-mail support to answer questions and aid City staff in the use of the software system.
• Provide training to City staff as needed. Conduct periodic workshops for software users. • Provide routine maintenance, archive, backup, restore, and disaster recovery procedures upon request from the City. Provide upgrades upon release from WCA.
Software Capabilities:
• Compatible with the City’s existing and future versions of ESRI ArcGIS • Support for Windows and OS products within the current City standards • Multi-seat capability
• Assignable rights for various levels of access
• Management and reporting capabilities
• Work order capability
• Import and export historical service data
• Specifically written for urban forest management.
• Ability to export all fields for interaction with other future Asset Management software • Web-based and app based
• Universally compatible with Android, Windows, Google, etc. • Map-based
• Ability to query any data field attribute such as, species, dbh, location, condition, etc.
Client Name / RFP Name
7 Sample: Species Frequency Report
The Species Frequency report can assist your Agency in identifying the tree population within the urban forest. This type of information is valuable in the event of an insect infestation, deadly disease, or even estimating future maintenance costs. In addition, an analysis can be performed to evaluate the history of the performance of a particular species within your Agency.
Sample Management Tools: Detailed
Tree Site Characteristics
The advanced technology provides
a valuable tool to urban forestry
professionals by displaying specific
tree site information along with a
representative photograph of the
species type and a recommended
maintenance field. ArborAccess’
built-in quality control features
assist in data accuracy. As
maintenance is performed, the work
history is updated and accompanied
with bi-weekly invoices. This
process eliminates the need for
dual-inputting and helps keep the
tree inventory current and accurate.
Client Name / RFP Name
8 Setting the Gold Standard
3. RELEVANT EXPERIENCE
CITY OF NORWALK SINCE 1999
WCA updated the City’s inventory and existing Urban Forest Management Plan to incorprate current ASI A300 standards and ISA Best Management practices.
WCA also provides routine tree maintenance services such as pruning, removals, planting, and other arborist services.
Contact: David Beltran, PW Supervisor
12700 Norwalk Blvd., Norwalk, CA 90650 ~ (562) 445-2339 ~ [email protected]
BUDGET: $618,000 (Annually)
CITY OF MONTEREY PARK SINCE 1997
WCA provides annual services of tree maintenance as needed within the city.
Work includes watering, trimming, pruning, planting, removal and replacement of trees and plants and is routine, recurring and usual. WCA maintains all tree maintenance records in ArborAccess.
Contact: Xochitl Tipan, Public Works Manager
320 W. Newmark Ave., Monterey Park, CA 91754 ~ (626) 307-1291 ~ [email protected]
BUDGET: $670,000 (Annually)
CITY OF ALHAMBRA SINCE 1997
WCA performs tree maintenance in several areas including blocks, medians, trails, facilities and parks. WCA assisted the City in developing a Master Plan for the urban forest. In 2012 the GPS inventory was updated to reflect the circumstantial changes effected by the storm damage in 2011. The City’s tree population is over 18,500 trees.
Contact: Janell Mathani, Urban Forest Administrator
111 S. First Street, Alhambra, CA 91801 ~ (626) 308-4874 ~ [email protected]
32BANNUAL BUDGET: $800,000
Client Name / RFP Name
9 Setting the Gold Standard
Firm Qualifications
WEST COAST ARBORISTS, INC. (WCA)
is a family-owned and operated union company employing over 1,300 full-time employees providing tree maintenance and management services. We are proudly serving over 350
municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day throughout California, Arizona, Texas, and New Mexico.
OUR VISION
As a corporate citizen, WCA’s responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality, and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer’s valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue.
COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers’ Union:
LiUNA!
SAM Entity ID: CFJMVMJ9NSD1
Website: wcainc.com
CORPORATE OFFICE
2200 E. Via Burton St.
Anaheim, CA 92806
REGIONAL OFFICES
Escondido, CA
Fresno, CA
Indio, CA
Ontario, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA
CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]
FIELD MANAGEMENT
Tim Crothers, PHC Manager
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]
EMERGENCY RESPONSE 24/7
1-800-LIMB-DOWN
Client Name / RFP Name
10 Setting the Gold Standard
Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers’ satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest.
• In business continuously and actively since 1972
• Contractor’s License C61/D49, C49,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A+ rated company
• 1,300+ employees
• 350+ contracts with public agencies
• 100+ Certified Arborists
• 155+ Certified Tree Workers
• Drug-free workplace
• 14,000 sq. ft. company-owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 yrs
• Avg. 46,000 trees removed annually over past 3 yrs
• Avg. 20,000 trees planted annually over past 3 yrs
• Avg. 250,000 trees inventoried annually over past 3 yrs • Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and fillings with state and federal government • Sales volume over $220 million annually
• Fleet of approximately 1,700 pieces of equipment
Active Memberships:
Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
League of California Cities (LCC)
California Parks & Recreation Society (CPRS)
Association of California Cities|
–Orange County (ACCOC)
Maintenance Superintendents Association (MSA)
California Landscape Contractors Association (CLCA)
Street Tree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)
Western Chapter International Society of
Arboriculture (WCISA)
Client Name / RFP Name
11 Setting the Gold Standard
Key Staff and Team
GONZALO REGALADO Area Manager
Gonzalo Regalado has over 20 years’ experience in the tree care industry as he joined WCA, Inc. in 2002. During his career, he has earned many promotions within the company; from Groundman to Tree Trimmer to Foreman to Supervisor and now as Area Manager. He has achieved necessary certifications and completes continued education units to maintain his credentials. As an Area Manager, he will be the Agency’s main point of contact as he is responsible for providing customer service, estimating work, while managing filed operations and crews throughout the Southeast Los Angeles region. His experience includes managing large contracts such as City of Bell, City of Pico Rivera, City of Santa Fe Springs, and the City of Whittier.
• ISA Certified Arborist/Tree Worker Climber Specialist #WE-9952AT • TCIA Certified Treecare Safety Professional (CTSP) #03952 • ATSSA Traffic Control Technician #459653
JOSE DELREAL Area Supervisor
Jose DelReal has over 10 years’ experience working with WCA and currently supervises more than 35 employees in the Southeast Los Angeles region. Responsibilities of the Project Supervisor includes assisting the Area Manager in scheduling, overseeing the crew’s daily activities, employee training programs and ensuring proper safety procedures are being followed. Regular communication with the customer and citizens can be expected as related to scheduling, work being performed and any other inquiries that may arise while on the job site.
• ISA Certified Arborist/ Tree Worker Climber #WE-11231AT • TCIA Certified Treecare Safety Professional (CTSP) #3514 • ISA Tree Risk Assessment Qualified
• TLC Wildlife Aware
DAIZY CASTRO Customer Service Rep.
As the CSR (Customer Service Representative), Daizy Castro is responsible for providing support to the Area Manager, Site Supervisor and crew. She is to act as a liaison between the company and it’s clients as well as the general public. Ms. Castro is responsible for responding to customer service inquires and facilitating contracting functions, such as:
mapping, underground service alert, data entry, field book preparation, list preparation, etc.
Client Name / RFP Name
12 Setting the Gold Standard
ANDREW PINEDA GIS Manager
Andrew Pineda has been with WCA since 2018 and is an ISA Certified Arborist. As WCA’s GIS Manager, he works on a wide range of projects including tree inventories scope and collection, iTree analysis, tree canopy assessments, tree planting prioritization, ArborAccess training, grant funded tree planting projects, and much more.
He was worked with tree inventories of all sizes from small campus inventories with less than 5,000 trees to large California cities with over 140,000 trees. He has in-depth knowledge and understanding of tree inventories, urban forestry best practices, and spatial data and works closely with office and field personnel to ensure tree inventories, reports, and analysis exceed customer expectations.
• ISA Certified Arborist #WE-12738A
• M.S. Geographic Information Science (GIS), CSU Long Beach • B.A. Environmental Science, Boston University
• FAA UAS Part 107 Remote Pilot
Client Name / RFP Name
13 Setting the Gold Standard
4. PROPOSED SCOPE OF SERVICES
WCA proposes to follow the scope of work guidelines provided in the specifications.
Deliverables
• Complete citywide public tree inventory and vacant site catalog • Canopy assessment via LiDAR technology
• GIS-based platform integration (ArborAccess)
• Delivery of 500 24” box trees
• Monthly/biweekly progress meetings and coordination reports • Recommendations for ongoing maintenance and policy alignment Compliance and Timeline
We acknowledge the project performance period extends through March 31, 2028, and are prepared to adhere to all project milestones and reporting deadlines, including any adjustments required by CAL FIRE or the City. We will ensure compliance with all funding conditions and regulatory requirements.
Client Name / RFP Name
14 Setting the Gold Standard
5. CONFLICT OF INTEREST STATEMENT
West Coast Arborists, Inc. has no conflict of interest.
ADDENDUM NO. 1
Tree Inventory and Purchasing Trees for Distribution Project
RFP 26-03
September 16, 2025
This notice comprises Addendum No. 1 to City of Montebello RFP 26-03. This addendum provides the questions submitted by vendors and responses provided by the City.
Question 1. Does the City have existing, recent LiDAR data? If so, will it be made available to the awardee? If not, is the City open to using more satellite imagery as an alternative?
Response-
City does not have LiDAR data. The contract agreement with CALFIRE stipulates needing a LiDAR- verified tree canopy analysis. Additionally, this research process requires utilizing high-resolution LiDAR tree canopy data as foundational information with which to then engage the public in identifying local perceptions and priorities around trees, as well as specific needs for greening in the C ity.
Grant requests performance of a
LiDAR tree canopy mapping analysis. Even though s atellite imagery is an alternative to G eographical Information System (GIS), this alternative will not be accepted.
__________________________
Cesar Roldan
Director of Public Works
Appendix “B”
Cost Proposal
Budget Item
Description
Unit Price
Total
Tree Inventory
Update
Lump Sum
Completion of a full tree inventory. Assess the state of the urban forest. This will consist of a citywide inventory update and incorporated canopy assessment. LiDAR assessment of existing tree canopy. GIS points that include, tree species, preferably in binomial nomenclature (Latin names), size, such as DBH (diameter at breast height) and tree height, crown width, overall condition such as health and
maintenance needs, overcrowding, possible problems,
presence or absence of insects or diseases.
$___________
$___________
500 Trees Per Tree
(EACH)
Purchasing and delivery of 500 public shade trees (24” Box).
Coordination with tree provider.
$___________
$___________
TOTAL
$___________
Appendix “C” Reference Sheet
RFP 26-03 Tree Inventory and Purchasing Trees for Distribution Project Entity Name _________________________________________________________________________ Business Address ____________________________________________________________________ Name of Contact ______________________________________________________________________ Title Contact _________________________________________________________________________ Telephone Number of Contact ___________________________________________________________ Email of Contact ______________________________________________________________________ Description of Project __________________________________________________________________ Date of Service _______________________________________________________________________ Entity Name _________________________________________________________________________ Business Address ____________________________________________________________________ Name of Contact ______________________________________________________________________ Title Contact _________________________________________________________________________ Telephone Number of Contact ___________________________________________________________ Email of Contact ______________________________________________________________________ Description of Project __________________________________________________________________ Date of Service _______________________________________________________________________ Entity Name _________________________________________________________________________ Business Address ____________________________________________________________________ Name of Contact ______________________________________________________________________ Title Contact _________________________________________________________________________ Telephone Number of Contact ___________________________________________________________ Email of Contact ______________________________________________________________________ Description of Project __________________________________________________________________ Date of Service _______________________________________________________________________
SEPTEMBER 2025
City of Montebello
Landscape Maintenance Proposal
“Where Quality of Service Matters.”
Alexis Lucero, City of Montebello
Presented To
www.gflandscaping.com
Tree Inventory and Purchasing Trees for Distribution Project RFP 26 – 03 Attachment C
Greenfield Landscaping and Maintenance, Inc.
3129 S. Hacienda Blvd., Ste. 384
Hacienda Heights, CA 91745
Phone: (626) 919-2792
SEPTEMBER 2025
Dear City of Montebello,
Greenfield Landscaping & Maintenance, Inc. is pleased to submit our proposal in response to the City of Montebello’s Request for Proposals for RFP# 26-03. We greatly value the trust you place in selecting a contractor and are committed to delivering services that reflect the highest levels of safety, efficiency, and craftsmanship.
Our team has reviewed the scope of work in detail and developed an operational approach tailored to the unique requirements of this project. We understand the importance of maintaining both quality and schedule while ensuring minimal disruption to the surrounding environment. With a dedicated crew, proven equipment resources, and a strong project management team, we are confident in our ability to meet and exceed your expectations.
Greenfield Landscaping takes pride in providing not just results, but also a positive and collaborative experience for our clients. We believe in clear communication, proactive problem-solving, and accountability at every stage of the project. Our attached proposal outlines our approach, contingency planning, and commitment to delivering lasting results.
We welcome the opportunity to partner with you on this project and demonstrate the quality of our work.
Thank you for considering our proposal. We look forward to the possibility of working together.
Sincerely,
Michael Kalta
Chief Executive Officer
1
Our team’s approach to this project is grounded in a clear understanding of the scope, the site conditions, and the expectations for quality, safety, and efficiency. We recognize the importance of maintaining a safe and secure work environment for staff, children, and the public, and will begin by securing the jobsite with appropriate fencing, signage, and barriers.
This will ensure that all operations are contained, while also providing peace of mind for the surrounding community.
Once the site is secured, our crew will mobilize the necessary manpower, equipment, and materials to perform the work with precision and efficiency. Work will be completed by a trained team of laborers, supported by the appropriate machinery, to meet the project’s schedule requirements while minimizing disruption to the site and its daily operations.
Throughout the process, our supervisors will oversee all activities, ensuring that each task is completed in compliance with project specifications, industry standards, and safety regulations.
We understand that communication is key to a successful project. Our management team will maintain open lines of communication with the client, project managers, and stakeholders to provide updates, address any concerns, and ensure alignment at every stage. This collaborative approach allows us to be proactive in resolving potential challenges before they impact progress or quality.
Finally, our commitment extends beyond simply completing the scope of work. At project closeout, our team will perform thorough inspections, site cleanup, and final adjustments to guarantee the finished product meets or exceeds expectations. This process ensures that all work is delivered with the highest standards of craftsmanship, durability, and long-term functionality.
PROJECT PROPOSAL
OPERATIONAL APPROACH & UNDERSTANDING
11
Appendix “C” Reference Sheet
RFP 26-03 Tree Inventory and Purchasing Trees for Distribution Project Entity Name _________________________________________________________________________ Business Address ____________________________________________________________________ Name of Contact ______________________________________________________________________ Title
Contact _________________________________________________________________________ Telephone Number of Contact ___________________________________________________________ Email of Contact ______________________________________________________________________ Description of Project __________________________________________________________________ Date of Service _______________________________________________________________________ Entity Name _________________________________________________________________________ Business Address ____________________________________________________________________ Name of Contact ______________________________________________________________________ Title Contact _________________________________________________________________________ Telephone Number of Contact ___________________________________________________________ Email of Contact ______________________________________________________________________ Description of Project __________________________________________________________________ Date of Service _______________________________________________________________________ Entity Name _________________________________________________________________________ Business Address ____________________________________________________________________ Name of Contact ______________________________________________________________________ Title Contact _________________________________________________________________________ Telephone Number of Contact ___________________________________________________________ Email of Contact ______________________________________________________________________ Description of Project __________________________________________________________________ Date of Service _______________________________________________________________________ Fullerton Joint Union High School District
1027 S Leslie St La Habra CA 90631
Raul Cervantes
Operations Director
714-680-5659
[email protected]
District Wide Tree Trimming for the 2024-2025 school year July 2024-June 2025
[email protected]
Completed 8/31/2025
Archibald landscape upgrades
Lennar Homes of Southern CA c/o Murow Development
Inland Empire Division
Matthew Gevergiz
Project Manager
951-482-9427
Citrus College
1000 W. Foothill Blvd Glendora CA 91741
Jorge Cortez
626-914-8693
Maintenace Operations
[email protected]
Campus Tree Trimming
September 2025
Founded in 2008, Greenfield Landscaping and Maintenance, Inc. is a family-owned and operated firm based in Hacienda Heights, California. With over 60 years of collective industry experience, we have built a trusted reputation for delivering professional, high-quality landscape maintenance services to a broad range of clients—including municipalities, school districts, utility providers, and private entities— throughout Southern California.
Our company is led by Michael Kalta, whose lifelong dedication to the horticulture and landscape industry has fueled Greenfield’s steady growth. Under his leadership, we’ve remained committed to our core values: professionalism, reliability, and customer satisfaction. Our team of 50 full-time employees is trained and equipped to perform all aspects of landscape maintenance, irrigation, pesticide application, tree care, and public space beautification.
We are a SAM.gov registered vendor and a Small Business Administration (SBA)-approved contractor, actively seeking and managing public works contracts across federal, state, and municipal levels. Our compliance with prevailing wage requirements, certified payroll reporting, and Department of Industrial Relations (DIR) regulations ensures that we are qualified to perform high-standard work in public sector environments.
To support our operations, we maintain a robust fleet of 30+ commercial utility vehicles and a full inventory of specialized equipment, including ride-on mowers, brush chippers, aerial lifts, water trailers, and trenching tools. This allows our teams to respond efficiently to service demands across diverse and complex job sites.
Scope of Expertise
City parks, civic centers, and public facilities
Street medians, parkways, and right-of-way corridors
Cemetery grounds and monument area care
Smart irrigation systems and water efficiency upgrades
Tree pruning, removals, and arborist services
Weed abatement, erosion control, and fire prevention
Fertilizer and chemical application under QAC/QAL-certified supervision Greenfield Landscaping and Maintenance, Inc. is committed to safe, sustainable, and code-compliant operations. We combine deep industry knowledge, modern equipment, and a strong local workforce to consistently meet and exceed the expectations of our municipal partners—making us a qualified and reliable choice for the City of Compton
2 EXPERIENCE & QUALIFICATIONS
PROPOSED SCOPE OF SERVICES
Greenfield Landscaping proposes to provide all labor, materials, equipment, and supervision necessary to complete the work in accordance with the project specifications and client expectations.
Our services will include, but are not limited to, the following:
Site Preparation: Secure the jobsite, establish safety measures, and perform necessary grading and clearing in preparation for construction activities.
Installation Services: Furnish and install all project components as specified in the plans, including planting, irrigation systems, hardscape features, or other scope-specific tasks.
Quality Control: Ensure that all work is completed to meet or exceed industry standards, with oversight by experienced supervisors and project managers.
Maintenance and Adjustments: Conduct necessary inspections, adjustments, and testing to verify that all installed systems and features are fully operational.
Final Cleanup and Closeout: Deliver a clean and safe site upon completion, including removal of debris and a final walkthrough with the client to confirm satisfaction.
Our scope of services is designed to provide a complete, turn-key solution that prioritizes safety, efficiency, and long-term performance. Any additional services requested beyond this scope will be coordinated with the client and provided under a mutually agreed-upon change order.
Greenfield Landscaping affirms that neither the company, its employees, nor its subcontractors have any current or potential conflicts of interest in relation to the performance of services for this project.
We further certify that we will avoid entering into any situation that could create a conflict of interest and will immediately disclose to the client if any such situation arises during the course of the project.
Our commitment is to perform all work with integrity, transparency, and in the best interest of the client.
CONFLICT OF INTEREST STATEMENT
Appendix “B”
Cost Proposal
Budget Item
Description
Unit Price
Total
Tree Inventory
Update
Lump Sum
Completion of a full tree inventory. Assess the state of the urban forest. This will consist of a citywide inventory update and incorporated canopy assessment. LiDAR assessment of existing tree canopy. GIS points that include, tree species, preferably in binomial nomenclature (Latin names), size, such as DBH (diameter at breast height) and tree height, crown width, overall condition such as health and
maintenance needs, overcrowding, possible problems,
presence or absence of insects or diseases.
$___________
$___________
500 Trees Per Tree
(EACH)
Purchasing and delivery of 500 public shade trees (24” Box).
Coordination with tree provider.
$___________
$___________
TOTAL
$___________
337,500
137,500
200,000
200,000
275
Michael Kalta
CEO of Greenfield Landscaping and Maintenance, Inc., Michael brings over 25 years of hands-on experience in the landscaping industry. With a lifelong passion for creating sustainable, aesthetically pleasing outdoor environments, Michael has grown Greenfield from a small family business into a respected peer in municipal and commercial landscaping contracting. Under his leadership, the company has expanded its operations while maintaining a solid commitment to quality, safety, and customer satisfaction. Michael’s deep industry knowledge and dedication to excellence are the driving forces behind Greenfield’s success.
Peter Wassif
As Director of Sales, Peter Wassif leads Greenfield’s business development efforts, bringing a wealth of experience in client relations and sales strategy.
Peter is responsible for cultivating new business partnerships, ensuring client satisfaction, and driving revenue growth. His focus on building strong, long-term relationships with clients allows Greenfield to consistently meet the evolving needs of our customers while delivering top-tier service. Peter’s commitment to excellence and attention to detail make him a key part of the company’s growth and success.
Johnathan Kalta
As the Operations Director, Johnathan brings extensive experience and expertise in managing field operations, logistics, and client relations. With a keen eye for efficiency and quality control, Johnathan coordinates crews, oversees equipment management, and ensures that all projects meet the company’s high standards for timely, professional service. His leadership in optimizing operations and maintaining seamless communication between departments ensures the success of each project.
8 MEET THE TEAM
PROJECT PROPOSAL
Founded in 2008, Greenfield Landscaping and Maintenance, Inc. is a family-owned and operated firm based in Hacienda Heights, California. With over 60 years of collective industry experience, we have built a trusted reputation for delivering professional, high-quality landscape maintenance services to a broad range of clients—including municipalities, school districts, utility providers, and private entities— throughout Southern California.
Our company is led by Michael Kalta, whose lifelong dedication to the horticulture and landscape industry has fueled Greenfield’s steady growth. Under his leadership, we’ve remained committed to our core values: professionalism, reliability, and customer satisfaction. Our team of 50 full-time employees is trained and equipped to perform all aspects of landscape maintenance, irrigation, pesticide application, tree care, and public space beautification.
We are a SAM.gov registered vendor and a Small Business Administration (SBA)-approved contractor, actively seeking and managing public works contracts across federal, state, and municipal levels. Our compliance with prevailing wage requirements, certified payroll reporting, and Department of Industrial Relations (DIR) regulations ensures that we are qualified to perform high-standard work in public sector environments.
To support our operations, we maintain a robust fleet of 30+ commercial utility vehicles and a full inventory of specialized equipment, including ride-on mowers, brush chippers, aerial lifts, water trailers, and trenching tools. This allows our teams to respond efficiently to service demands across diverse and complex job sites.
Scope of Expertise
City parks, civic centers, and public facilities
Street medians, parkways, and right-of-way corridors
Cemetery grounds and monument area care
Smart irrigation systems and water efficiency upgrades
Tree pruning, removals, and arborist services
Weed abatement, erosion control, and fire prevention
Fertilizer and chemical application under QAC/QAL-certified supervision Greenfield Landscaping and Maintenance, Inc. is committed to safe, sustainable, and code-compliant operations. We combine deep industry knowledge, modern equipment, and a strong local workforce to consistently meet and exceed the expectations of our municipal partners—making us a qualified and reliable choice for the City of Compton
2 EXPERIENCE & QUALIFICATIONS
Michael Kalta
CEO of Greenfield Landscaping and Maintenance, Inc., Michael brings over 25 years of hands-on experience in the landscaping industry. With a lifelong passion for creating sustainable, aesthetically pleasing outdoor environments, Michael has grown Greenfield from a small family business into a respected peer in municipal and commercial landscaping contracting. Under his leadership, the company has expanded its operations while maintaining a solid commitment to quality, safety, and customer satisfaction. Michael’s deep industry knowledge and dedication to excellence are the driving forces behind Greenfield’s success.
Peter Wassif
As Director of Sales, Peter Wassif leads Greenfield’s business development efforts, bringing a wealth of experience in client relations and sales strategy.
Peter is responsible for cultivating new business partnerships, ensuring client satisfaction, and driving revenue growth. His focus on building strong, long-term relationships with clients allows Greenfield to consistently meet the evolving needs of our customers while delivering top-tier service. Peter’s commitment to excellence and attention to detail make him a key part of the company’s growth and success.
Johnathan Kalta
As the Operations Director, Johnathan brings extensive experience and expertise in managing field operations, logistics, and client relations. With a keen eye for efficiency and quality control, Johnathan coordinates crews, oversees equipment management, and ensures that all projects meet the company’s high standards for timely, professional service. His leadership in optimizing operations and maintaining seamless communication between departments ensures the success of each project.
8 MEET THE TEAM
PROJECT PROPOSAL
9 Valerie Martinez
As the Executive Administrative Assistant, Valerie has over a decade of experience. She oversees the company’s daily administrative functions. With a keen eye for detail and exceptional organizational skills, she ensures seamless compliance in our day-to-day operations. Valerie's expertise in scheduling, client communication, contract management, and compliance with industry regulations makes her a key contributor to the efficiency and success of Greenfield’s operations. Her leadership fosters a structured and productive environment, ensuring all projects are executed smoothly and on time.
Vanessa Acosta
As the Co-Owner and Head of Human Resources, Vanessa brings a wealth of experience in managing talent, fostering employee development, and ensuring a positive and productive workplace environment. With a deep understanding of labor laws, employee relations, and compliance standards, Vanessa plays a crucial role in recruiting top talent, implementing training programs, and maintaining strong team morale. Her leadership in HR ensures that Greenfield operates efficiently with a skilled and motivated workforce aligned with the company’s values and growth objectives.
PROJECT PROPOSAL
CONTINGENCY PLAN
PROJECT PROPOSAL
10 Our team recognizes that even with careful planning and execution, unforeseen challenges may arise during the course of the project. To minimize disruptions and ensure timely completion, we have developed a contingency plan that prioritizes safety, schedule adherence, and quality.
In the event of weather-related delays, our crew will adjust work sequencing to focus on tasks that can be completed under safe conditions. This may include shifting resources to indoor, sheltered, or preparatory work until weather conditions allow for full resumption of outdoor activities. Our project schedule includes built-in flexibility to absorb minor weather interruptions without impacting the overall completion date.
For equipment breakdowns or material shortages, we maintain relationships with multiple suppliers and rental companies to provide immediate backup resources. Our equipment fleet is serviced and inspected regularly to prevent avoidable downtime, but in the case of unexpected failure, replacement units can be mobilized quickly to keep progress moving.
Should staffing challenges occur, our team has access to a cross-trained labor pool that can be reassigned to maintain productivity without compromising safety or quality. Supervisors will monitor staffing levels daily and make adjustments as needed to align with project demands.
In every scenario, communication will be key. Any issues with potential schedule or cost impacts will be immediately communicated to the client, along with our recommended solutions. By planning for these contingencies in advance, we ensure that the project remains on track and that all work is delivered with the same high standard of quality, regardless of unexpected challenges.
16 We take pride in offering superior landscape services tailored to meet the unique needs of each of our clients. We believe that exceptional communication is key to building strong, long- lasting partnerships. That's why we encourage our clients to reach out to us at any time with questions, requests, or further discussions about our services.
Our team is ready to address any specific needs and provide a more detailed overview of how our services can enhance the beauty and functionality of your outdoor spaces. You can expect prompt, reliable responses and the same level of dedication that sets Greenfield apart.
We’d like to show how Greenfield Landscaping and Maintenance, Inc. can exceed your expectations. Whether you need routine maintenance, irrigation management, or special landscaping projects, our team is here to provide a solution that perfectly fits your needs.
We look forward to the opportunity to collaborate with you and bring your landscape vision to life. Thank you for considering Greenfield Landscaping and Maintenance, Inc. as your trusted partner.
Sincerely,
The Greenfield Team
PROJECT PROPOSAL
NEXT STEPS
Michael Kalta
Chief Executive Officer
(626) 919-2792
[email protected]
Peter Wassif
Executive Sales Director
(714) 337-7496
[email protected]
Johnathan Kalta
Operations Director
(626) 723-8368
[email protected]
Valerie Martinez
Executive Administrative Assistant
(626) 919-2792
[email protected]
Vanessa Acosta
Co-Owner & Head of Human Resources
(626) 919-2792
[email protected]
17
ITEM # 13
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4421 TO HERRERA’S COATINGS RESTORATION FOR THE REFURBISHMENT
OF PUBLIC RESTROOMS AT CHET HOLIFIELD, REGGIE RODRIGUEZ
AND OTHER CITY PARK FACILITIES
DATE: October 22, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Find that it would be impractical, useless, or uneconomical for this project to follow the bidding procedures, and that the welfare of the public would be promoted by dispensing said procedures; and
2. By a four-fifths vote of the City Council, staff recommend authorizing the dispensing of a formal request for proposal (RFP) procedure and award a professional services agreement for the refurbishment of public restrooms at Chet Holifield, Reggie Rodriguez, and other City Park Facilities, in accordance with Montebello Municipal Code Chapter 3.21.025(C) -- Conformance with Bidding Procedures; and
3. Due to the vendor’s familiarity, experience, intimate knowledge, and dealings with epoxy restoration of walls and floors in City facilities, award Professional Services Agreement No. 4421 to Herrera’s Coatings Restoration for the amount of $75,000; and
4. Authorize the City Manager to execute the professional services agreement; and
5. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Staff recommend awarding Professional Services Agreement No. 4421 (Attachment A) to Herrera’s Coatings Restoration in the amount of $75,000 (Attachment B), utilizing the exception to the procurement process allowed by Montebello Municipal Code Section
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
3.21.025(C) -- Conformance with Bidding Procedures:
When the city council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in every individual instance upon a finding by the city council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same;
Herrera’s Coatings Restoration has successfully completed similar projects for the City in the past, delivering quality workmanship and timely service. As the company specializes in epoxy restoration, which is required for the refurbishment of restrooms at Chet Holifield, Reggie Rodriguez, and other City Park Facilities, staff recommends awarding a professional services agreement for Public Restroom Restoration, as allowed by Section 3.21.025(C).
Agreement No. 4421 provides for the refurbishment of epoxy coating in public restrooms and City Park Facilities. The adopted Fiscal Year 2025-26 Budget appropriated the necessary funds for this project in Account No. 100-30-510-7115 (General Fund, Public Works, Facilities Maintenance, Improvements - Building). Therefore, no budget amendment is needed as part of the recommended action.
BACKGROUND/DISCUSSION:
On June 25, 2025, the City Council approved the Fiscal Year 2025-26 Operating and Capital Budget. The City Council identified the restoration of public restrooms in City Parks as a key community priority and directed staff to evaluate existing restroom conditions and develop cost estimates for rehabilitation and maintenance. To support this effort, the City Council requested that dedicated funds be set aside in the Fiscal Year 2025-26 budget to ensure the timely planning, design, and implementation of restroom restoration projects across various park sites. This initiative reflects the City’s commitment to improving public amenities, promoting cleanliness, and enhancing the overall user experience in its park facilities.
Herrera’s Coatings Restoration has successfully completed similar projects for the City in the past, delivering quality workmanship and timely service. Public Works staff have worked closely with Herrera's Coatings Restoration, and are familiar with this company's abilities and quality of work. In an effort to address urgent citywide park restroom restoration needs, Staff recommend awarding Agreement No. 4421 (Attachment A) through an exception to the standard bidding procedure, foregoing the standard request for proposals / request for bids process. As the company specializes in epoxy restoration, which is required for the refurbishment of restrooms at Chet Holifield, Reggie Rodriguez, and other City Park Facilities, staff recommend awarding a professional services agreement for Public Restroom Restoration to Herrera's Coatings Restoration.
ENVIRONMENTAL:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
ANALYSIS:
N/A
SUMMARY:
Staff recommends that the City Council find that conforming to the bidding procedures with regards to this project would be impractical, useless, or uneconomical as the chosen consultant has experience with this specific project. Additionally, staff also recommend that the City Council find that the welfare of the public would be promoted by dispensing with said bidding procedures for the same reason, as permitted by Montebello Municipal Code Section 3.21.025(C) -- Conformance with Bidding Procedures.
Due to their expertise and prior experience with the City of Montebello on similar projects, staff recommend awarding Agreement No. 4421 (Attachment A) to Herrera’s Coatings Restoration in the amount of $75,000 (Attachment B). Funds for this project were appropriated in the adopted Fiscal Year 2025-26 Operating Budget in Account No. 100- 30-510-7115 (General, Public Works, Government Building Maintenance, Building Improvements). Staff also request that the City Manager be authorized to execute the agreement.
ATTACHMENT(S)
1. Attachment A - Agreement No. 4421 - Herrera's Coatings Restoration
2. Attachment B - Herrera's Coatings Restoration Cost Estimate
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4421
WITH
HERRERA’S COATINGS RESTORATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on October 22, 2025 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and HERRERA’S CO ATINGS RESTOR ATION (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a professional contractor to provide refurbishment of public restrooms walls and floors at City Park Facilities , in accordance with Montebello Municipal Code Chapter 3.21.025(C); and
WHEREAS, t he CONTRACTOR represents that it is fully qualifi ed to perform such services by virtue of its experience and the training, education and expertise of its principals; and WHEREAS, the CITY evaluated the responses and determined that the CONTRACTOR will meet the requirements in a satisfactory manner.
NOW T HEREFORE, in co nsideration of pe rformance by the P arties of the co venants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPOR ATION OF RECITALS AND OTHER CONTRACT DOCUMENTS A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This
Agreement and its Exhibits, including any and all addenda or supplemental agreements.
b. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
B. These docu
ments shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SEC
TION 2. SERVICES / COMPENSATION.
A. All
terms, conditions, requirements, and provisions of the services and contractor’s responses, as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of Attachment A
PROFESSIONAL SERVICES AGREEMENT NO. 4421
this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
B. The CONTRACTOR shall provide to the CITY all labor, equipment, materials and incidental necessary to provide services, as such is set forth fully in Exhibit “A ” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
C. The CONTRACTOR shall be compensated in an amount not -to-exceed Seventy-Five Thousand ($75,000) per year (“Compensation”). The VENDOR shall provide an itemized billing statement to the CITY for all provided Public Restrooms Walls and Floors Refurbishment. The CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire on June 30, 2026 , from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for an additional six (6) months upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.
SECTION 4. PERFORMANCE.
a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.
b. The CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Contractor hereunder, in meeting its obligations under this Agreement.
c. The CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONTRACTOR shall have the right to retain, subject to the CITY's approval, additional individuals, contractors or subcontractors to assist in the completion of services as herein defined. Compensation for additional individuals, contractors or subcontr actors shall be the sole and exclusive responsibility of the CONTRACTOR.
e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
PROFESSIONAL SERVICES AGREEMENT NO. 4421
a. The CONTRACTOR hereby agrees that all work product produced pursuant to this Agreement and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY , and ownership of said work product shall be retained by the CITY.
b. All data, documents, discussion, or other information developed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONTRACTOR without prior written consent by the CITY . The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONTRACTOR agrees that the covenants contained in this Section shall surviv e the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to obtaining the CONTRACTOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of this agreement by the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non- defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
PROFESSIONAL SERVICES AGREEMENT NO. 4421
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation.
Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non-refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that t h e CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONTRACTOR during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the CONTRACTOR.
SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONTRACTOR except as expressly s et forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONTRACTOR in connect ion with the performance of this Agreement.
Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subcontractors for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to the CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY
PROFESSIONAL SERVICES AGREEMENT NO. 4421
shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.
a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this Agreement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t h e CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY .
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitl ed to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY , and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY , its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY , its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONTRACTOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
PROFESSIONAL SERVICES AGREEMENT NO. 4421
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Professional Liability insurance appropriate to the CONTRACTOR’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
c. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non- payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) busines s days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
PROFESSIONAL SERVICES AGREEMENT NO. 4421
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal del ivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
h. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
i. The CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
j. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY , its officers, employees, agents and volunteers as additional insured’s. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The insurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY . Any insurance or self -insurance maintained by the CITY , its officers, employees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY .
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY .
At the option of the CITY , the CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONTRACTOR shal l procure a bond guaranteeing payment of losses and expenses.
PROFESSIONAL SERVICES AGREEMENT NO. 4421
n. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONTRACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY . Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub- contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties.
If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
PROFESSIONAL SERVICES AGREEMENT NO. 4421
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter
PROFESSIONAL SERVICES AGREEMENT NO. 4421
provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – City Clerk’s Office 1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200
Email: [email protected]
If to Contractor: HERRERA’S COATING RESTORATION
2809 E Avenue J4
Lancaster, CA, 93535
(714) 232-1180
[email protected]
An electronic communication (“ Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receive verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, the CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
PROFESSIONAL SERVICES AGREEMENT NO. 4421
The CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONTRACTOR. The CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
S
ECTION 25. ENTIRE AGREEMENT.
Thi
s Agreement contains the entire understanding between the CITY and the CONTRACTOR.
Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
S
ECTION 26. EXTENSION TO OTHER PUBLIC AGENCIES
U
nless otherwise specified in writing, the CONTRACTOR agrees that the prices, terms, and conditions identified in the Proposal (Exhibit “A”) and Agreement may be extended to other governmental agencies at the mutual agreement of both the public agency and awarded CONTRACTOR. All requirements of the specifications, purchase orders, invoices, and payments with other agencies shall be directly with the CONTRACTOR. CONTRACTOR acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the CONTRACTOR with the governmental agency. This provision in no way guaranteed that the CONTRACTOR will agree to enter into a contract with a governmental agency pursuant to this Section.
[S
IGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4421
of 12
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO HERRERA’S COATINGS
RESTORATION
Raul Alvarez, City Manager John Herrera, Owner
ATTEST:
Christopher Jimenez, City Clerk
APPROVE
D AS TO FORM:
Arnold M
. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Cost Estimates
Estimate No: 348
Date: 09/23/2025
Estimate
For: James Coiner
[email protected]
(326) 796-9671
Description Quantity Rate Amount
HOLIFIELD PARK RESTROOMS
MENS AND WOMESN
- [ ] URETHANE CEMENT PROYECT FLAKES
- [ ] 1.Clean Surface of grease,oils,and any contaminants before commencing prep work - [ ] 2. Floor Prep: Grind entire tiled surfaces to ensure proper adhesion of floor and wall coating system, with the use of planetary grinders assisted with Hepa-Filter dust recovery vacuum system. Use 40/60 grit abrasive diamond tools to achieve a Concrete Surface Profile of #3 (CSP3) and to remove 100% of the ceramic coating from tiles.
- [ ] 3. Surface Repairs: Repair all cracks, divots and surface imperfections using epoxy polymer cement repair mortar to pre-fill where necessary.
- [ ] 4. Fill all grout lines with epoxy paste filler to eliminate all grout lines before system installation. - [ ] 5.Basecoat: Apply100 % solids epoxy basecoatfollowed by a full broadcast of 1/8” flake onto the wet polymer base.
- [ ] 6. Second Broadcast:Coat with Protect 100% solids clear epoxy followed by a full flake broadcast of 1/8” flake onto the wet polymer base to full rejection.
- [ ] 7. GroutCoat:Scrape surfaces and vacuum to remove excess flakes, followed by 18 to 20-mil grout coat of Protect 0075 100% solids clear epoxy.
- [ ] 8. T op Coat:Sand the surface to remove any sharp edges before the finished topcoat is applied, topcoat with Protect UR 2200 at 4 mils of high solids clear 2K urethane that is chemical, UV and abrasion resistant
PREVAILING WAGE INCLUDING
1,612 $15.00 $24,180.00
Herrera’s Coatings Restoration
2809 E Avenue J4
Lancaster, CA, 93535
(714) 232-1180
[email protected]
Lic#/1090374
1 / 2
Exhibit 'A'
Subtotal $24,180.00
TAX 0% $0.00
T otal $24,180.00
T otal $24,180.00
Herrera’s Coatings Restoration - Estimate 348 - 09/23/2025 2 / 2
Estimate No: 349
Date: 09/23/2025
Estimate
For: James Coiner
[email protected]
(326) 796-9671
Description Quantity Rate Amount
REGGLE RODRIGUEZ PARK RESTROOMS
MENS AND WOMENS
- [ ] URETHANE CEMENT PROYECT FLAKES
- [ ] 1.Clean Surface of grease,oils,and any contaminants before commencing prep work - [ ] 2. Floor Prep: Grind entire tiled surfaces to ensure proper adhesion of floor and wall coating system, with the use of planetary grinders assisted with Hepa-Filter dust recovery vacuum system. Use 40/60 grit abrasive diamond tools to achieve a Concrete Surface Profile of #3 (CSP3) and to remove 100% of the ceramic coating from tiles.
- [ ] 3. Surface Repairs: Repair all cracks, divots and surface imperfections using epoxy polymer cement repair mortar to pre-fill where necessary.
- [ ] 4. Fill all grout lines with epoxy paste filler to eliminate all grout lines before system installation. - [ ] 5.Basecoat: Apply100 % solids epoxy basecoatfollowed by a full broadcast of 1/8” flake onto the wet polymer base.
- [ ] 6. Second Broadcast:Coat with Protect 100% solids clear epoxy followed by a full flake broadcast of 1/8” flake onto the wet polymer base to full rejection.
- [ ] 7. GroutCoat:Scrape surfaces and vacuum to remove excess flakes, followed by 18 to 20-mil grout coat of Protect 0075 100% solids clear epoxy.
- [ ] 8. T op Coat:Sand the surface to remove any sharp edges before the finished topcoat is applied, topcoat with Protect UR 2200 at 4 mils of high solids clear 2K urethane that is chemical, UV and abrasion resistant
PREVAILING WAGE INCLUDING
1,528$15.00$22,920.00
Herrera’s Coatings Restoration 2809 E Avenue J4
Lancaster, CA, 93535
(714) 232-1180
[email protected]
Lic#/1090374
1 / 2
Subtotal $22,920.00
TAX 0% $0.00
T otal $22,920.00
T otal $22,920.00
Herrera’s Coatings Restoration - Estimate 349 - 09/23/2025 2 / 2
C
ITY OF MONTEBELLO
A
greement No. 4421 Herrera’s Coatings Restoration – Cost Estimates Attachment B
Estimate No: 348
Date: 09/23/2025
Estimate
For: James Coiner
[email protected]
(326) 796-9671
Description Quantity Rate Amount
HOLIFIELD PARK RESTROOMS
MENS AND WOMESN
- [ ] URETHANE CEMENT PROYECT FLAKES
- [ ] 1.Clean Surface of grease,oils,and any contaminants before commencing prep work - [ ] 2. Floor Prep: Grind entire tiled surfaces to ensure proper adhesion of floor and wall coating system, with the use of planetary grinders assisted with Hepa-Filter dust recovery vacuum system. Use 40/60 grit abrasive diamond tools to achieve a Concrete Surface Profile of #3 (CSP3) and to remove 100% of the ceramic coating from tiles.
- [ ] 3. Surface Repairs: Repair all cracks, divots and surface imperfections using epoxy polymer cement repair mortar to pre-fill where necessary.
- [ ] 4. Fill all grout lines with epoxy paste filler to eliminate all grout lines before system installation. - [ ] 5.Basecoat: Apply100 % solids epoxy basecoatfollowed by a full broadcast of 1/8” flake onto the wet polymer base.
- [ ] 6. Second Broadcast:Coat with Protect 100% solids clear epoxy followed by a full flake broadcast of 1/8” flake onto the wet polymer base to full rejection.
- [ ] 7. GroutCoat:Scrape surfaces and vacuum to remove excess flakes, followed by 18 to 20-mil grout coat of Protect 0075 100% solids clear epoxy.
- [ ] 8. T op Coat:Sand the surface to remove any sharp edges before the finished topcoat is applied, topcoat with Protect UR 2200 at 4 mils of high solids clear 2K urethane that is chemical, UV and abrasion resistant
PREVAILING WAGE INCLUDING
1,612 $15.00 $24,180.00
Herrera’s Coatings Restoration
2809 E Avenue J4
Lancaster, CA, 93535
(714) 232-1180
[email protected]
Lic#/1090374
1 / 2
Subtotal $24,180.00
TAX 0% $0.00
T otal $24,180.00
T otal $24,180.00
Herrera’s Coatings Restoration - Estimate 348 - 09/23/2025 2 / 2
Estimate No: 349
Date: 09/23/2025
Estimate
For: James Coiner
[email protected]
(326) 796-9671
Description Quantity Rate Amount
REGGLE RODRIGUEZ PARK RESTROOMS
MENS AND WOMENS
- [ ] URETHANE CEMENT PROYECT FLAKES
- [ ] 1.Clean Surface of grease,oils,and any contaminants before commencing prep work - [ ] 2. Floor Prep: Grind entire tiled surfaces to ensure proper adhesion of floor and wall coating system, with the use of planetary grinders assisted with Hepa-Filter dust recovery vacuum system. Use 40/60 grit abrasive diamond tools to achieve a Concrete Surface Profile of #3 (CSP3) and to remove 100% of the ceramic coating from tiles.
- [ ] 3. Surface Repairs: Repair all cracks, divots and surface imperfections using epoxy polymer cement repair mortar to pre-fill where necessary.
- [ ] 4. Fill all grout lines with epoxy paste filler to eliminate all grout lines before system installation. - [ ] 5.Basecoat: Apply100 % solids epoxy basecoatfollowed by a full broadcast of 1/8” flake onto the wet polymer base.
- [ ] 6. Second Broadcast:Coat with Protect 100% solids clear epoxy followed by a full flake broadcast of 1/8” flake onto the wet polymer base to full rejection.
- [ ] 7. GroutCoat:Scrape surfaces and vacuum to remove excess flakes, followed by 18 to 20-mil grout coat of Protect 0075 100% solids clear epoxy.
- [ ] 8. T op Coat:Sand the surface to remove any sharp edges before the finished topcoat is applied, topcoat with Protect UR 2200 at 4 mils of high solids clear 2K urethane that is chemical, UV and abrasion resistant
PREVAILING WAGE INCLUDING
1,528 $15.00 $22,920.00
Herrera’s Coatings Restoration
2809 E Avenue J4
Lancaster, CA, 93535
(714) 232-1180
[email protected]
Lic#/1090374
1 / 2
Subtotal $22,920.00
TAX 0% $0.00
T otal $22,920.00
T otal $22,920.00
Herrera’s Coatings Restoration - Estimate 349 - 09/23/2025 2 / 2
ITEM # 14
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: John Soria, Director
SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 3936 WITH A & A FLEET PAINTING, INC., TO PROVIDE VEHICLE PAINT AND BODY
REPAIR SERVICES
DATE: October 22, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 3936 with A & A Fleet Painting Inc. (A & A Fleet), for an additional one-year (1-year) term, to provide vehicle paint and body repair services; and
2. Authorize the City Manager to execute Amendment No. 2 on the City’s behalf; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Through Amendment No. 2 to Agreement No. 3936, A and A Fleet will continue to provide vehicle paint and body repair services for the annual not-to-exceed amount of $175,000.
Sufficient allocations are included in Transportation’s Fiscal Year 2025–26 adopted operating budget.
BACKGROUND/DISCUSSION:
On August 26, 2021, the City issued Request for Quotes (RFQ) No. 21-55, to procure vehicle paint and body repair services for over 200 City-owned vehicles on an as-needed basis. Proposals were due by October 12, 2021, with proposers encouraged to review all addendums and announcements. Four (4) responsive proposals were received from A & A Fleet, Fleet Collision Services, Montebello Autocraft, Inc., and Truck Pro, Inc.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
The Evaluation Committee reviewed and scored each proposal based on qualifications and pricing, including vendor experience, references, and cost. A & A Fleet received the highest overall score for its expertise, cost efficiency, and proven performance on similar projects. The company was determined to be the lowest responsible bidder and recommended for award. On November 10, 2021, the City Council approved a three-year agreement with two optional 1-year extensions, for an annual not-to-exceed amount of $75,000.
On March 26, 2025, the City Council approved Amendment No. 1 to Agreement No. 3936 with A & A Fleet, extending services for one year and increasing the not-to-exceed amount to $175,000 annually through November 10, 2025. Due to the quality and reliability of A & A Fleet’s work, staff recommend that the City Council approve Amendment No. 2 to extend the agreement for an additional 1- year term to continue its service. This extension will provide ample time for staff to develop and issue an RFQ to solicit quotes from highly qualified vendors to provide future vehicle paint and body repair services.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
It Is recommended that the City Council approve Amendment No. 2 to Agreement No. 3936 with A & A Fleet, for an additional 1-year term — through November 10, 2026; authorize the City Manager to execute Amendment No. 2 on the City's behalf; and take such additional, related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A - Amendment No. 2 to Agreement No. 3936
2. Attachment B - Agreement No. 3936 with A & A Fleet
ATTACHMENT A
CITY OF MONTEBELLO
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3936
WITH A AND A FLEET PAINTING INC.
This Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2”), is made and entered into this 22 day of October 2025, (“Effective Date”) by and between the City of Montebello , a California municipal corporation, (hereinafter referred to as the “City”) and A AND A FLEET PAINTING INC, (hereinafter referred to as the “Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement for vehicle body repair and painting services, dated November 10, 2021 ("Agreement"), under which the City retained the Consultant to provide services for City-owned vehicles on an as- needed basis; and
WHEREAS, on March 26, 2025, the City Council approved Amendment No. 1 to Agreement No 3936 to extend the agreement term by (1) one year, from November 11, 2025 – November 10, 2026 and increase the annual compensation to a not-to-exceed amount of one hundred and seventy-five thousand dollars ($175,000), as outlined in Section 2 ("Services/Compensation");
WHEREAS, Section 25 ("Entire Agreement") of the Agreement permits amendments to be made in writing, executed by both Parties; and
WHEREAS, both parties are mutually satisfied with the performance under the Agreement and wish to extend the services for an additional of one (1) year, under the same conditions as the original Agreement and amendments as outlined herein; and
NOW THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:
AMENDMENTS
SECTION 1: RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.
SECTION 2: EXTENSION OF TERM. Through this Amendment No. 2, the Parties hereto agree to extend the term of Agreement from November 11, 2025 - November 10, 2026
.
AMENDMENT NO. 2 TO AGREEMENT NO. 3936
SECTION 3: INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 2 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.
[END OF AMENDMENT NO. 2]
[SIGNATURES ON THE FOLLOWING PAGES]
AMENDMENT NO. 2 TO AGREEMENT NO. 3936
IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO A and A Fleet Painting, Inc.
Raul Alvarez, City Manager Abel Bautista, President
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
ATTACHMENT B
ITEM # 15
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: David Sosnowski, Director of Recreation and Community Services
SUBJECT: APPROVE AGREEMENT NO. 4422 BETWEEN THE CITY OF
MONTEBELLO AND BLINK NETWORK, LLC FOR THE
INSTALLATION, OPERATION, MANAGEMENT AND MAINTENANCE
OF ELECTRIC VEHICLE CHARGING STATIONS
DATE: October 22, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve the Exclusive Electric Vehicle Charging Services Agreement No. 4422 with Blink Network, LLC for the installation, operation, management, and maintenance of the electric vehicle charging stations at City Hall; and
2. Authorize the City Manager to negotiate terms and execute the agreement on behalf of the City; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact to entering into the agreement with Blink Network, LLC (Blink) for the installation, operation, management and maintenance of the electric vehicle (EV) charging stations being installed at City Hall. On September 27, 2023, City Council approved a participation agreement between the City of Montebello and Southern California Edison (SCE) for the installation of EV infrastructure under the Charge Ready Program. On April 10, 2024, the City Council authorized participation in the Los Angeles County Public Power Up program for the acquisition of 34 Level II EV charging stations at City Hall.
SCE’s Charge Ready Program is covering the cost of the infrastructure for construction of the EV chargers and Los Angeles County’s Public Power Up program will be covering
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
the cost of purchasing and installing the EV charging stations. Between the two programs, all necessary funding to construct the EV charging stations at City Hall is covered.
The proposed agreement with Blink will be for the installation, ongoing operation, management and maintenance of the EV charging stations. The agreement will not have any cost associated with it. Once the EV charging stations are installed and in operation, the City will receive 25% of all revenues collected, minus monthly network and transaction fees.
BACKGROUND/DISCUSSION:
On November 15, 2021, President Biden signed a new $1 trillion dollar Infrastructure Bill that made competitive funding available for sustainability and resilience projects. The State of California partnered with SCE to offer the Charge Ready Program to meet the need for electric charging infrastructure. The Charge Ready Program launched on July 12, 2021, offering multiple programs and incentive options for existing commercial, multifamily, and public buildings, with a target goal to install more than 38,000 charging ports across the state. The program is funded through the California Public Utilities Commission (CPUC) and is administered by SCE to accelerate the implementation of electric vehicles throughout California. The program covers “make-ready infrastructure” up to the charging station stub-outs.
The Los Angeles County Public Power Up program provides no-cost Level II EV charging equipment at public facilities in Los Angeles County’s disadvantaged communities. The program’s goal is to provide EV charging options for residents with limited access to privately-owned EV chargers. The program is offered exclusively to the Southern California Regional Energy Network, which is administered by Los Angeles County and aims to promote energy efficiency and sustainability throughout Southern California. The City is an enrolled agency and therefore is eligible for the program.
On September 27, 2023, the City Council approved an agreement with SCE for the installation of EV charging station infrastructure at City Hall. On April 10, 2024, the City Council authorized the City to participate in the Los Angeles County Public Power Up program for the acquisition of 34 Level II EV charging stations, valued at $191,775. The EV charging stations will be procured through The Energy Coalition, which is the agency that Los Angeles County utilizes for the Public Power Up program. Both of these programs will provide the necessary funding to cover all costs associated with the EV charging stations project.
The project is expected to be completed by December 31, 2025. SCE is nearing completion of the first phase of the project which is to install the EV charging station infrastructure. Once completed and upon approval of the agreement, the second and final phase of the project will include the installation of the 34 Level II EV charging stations. Installation will be provided by Blink who will then operate, maintain, and manage the EV charging stations.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
ENVIRONMENTAL:
N/A
ANALYSIS:
The proposed agreement with Blink will include terms for the installation, operation, management, and maintenance of the 34 Level II EV charging stations at City Hall. The agreement will be for a five-year term with automatic renewals. The City will own the EV charging stations and Blink will provide onsite oversight.
Blink will establish the charging rates and will be responsible for paying all electricity costs associated with the EV charging stations. The terms will consist of a revenue sharing agreement where the City will receive 25% of all revenues collected, minus monthly network and transaction fees. Additionally, Blink will provide all necessary reporting required by SCE for the Charge Ready Program.
SUMMARY:
Staff recommends that the City Council approve the Exclusive Electric Vehicle Charging Services Agreement No. 4422 with Blink Network, LLC for the installation, operation, management and maintenance of electric vehicle charging stations at City Hall and authorize the City Manager to negotiate terms and execute the agreement on behalf of the City.
ATTACHMENT(S)
1. Attachment A - Agreement No. 4422 in Substantial Form
CITY OF MONTEBELLO
AGREEMENT NO. 4422 – EXCLUSIVE ELECTRIC VEHICLE CHARGING SERVICES
AGREEMENT WITH BLINK NETWORK, LLC
ATTACHMENT A
Blink Host Owned City of Montebello V2.1 1
EXCLUSIVE ELECTRIC VEHICLE CHARGING SERVICES AGREEMENT
BETWEEN:
BLINK NETWORK, LLC
An Arizona limited liability company
5081 Howerton Way, Suite A
Bowie, MD 20715
Tel: (305) 521-0200
Fax: (305) 521-0201:
Email: [email protected]
(hereinafter “Provider”)
AND
City of Montebello
Client’s Name EIN
A Municipal Government
Client’s State of Incorporation
1600 W. Beverly Blvd.
Montebello, CA 90640
Client’s Business Address
Tel: (323) 887-1200
Email:[email protected]
(hereinafter “Client”)
Provider and Client may be individually referred to as a “Party” and collectively as the “Parties.”
WHEREAS, Provider is engaged in manufacturing, marketing, selling, managing, and servicing electric vehicle (“EV”) charging equipment (the “Equipment”); and
WHEREAS, Client is the owner, leaseholder, or manager of the property(ies) located at the address(es) listed on Schedule I (“Property”); and WHEREAS, Client and Provider are interested in engaging in a purchase, deployment, and service arrangement for the Equipment on the Property and establish the terms and conditions of such arrangement through this agreement (the “Agreement”).
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. AGREEMENT SUMMARY:
Provider In some Sections in this Agreement “Provider” may include Provider’s affiliates, subcontractors, and/or agents Effective Date For the purposes of the Parties obligations, the date this Agreement is Executed; and for the purposes of the expiration of the Term only, the date the Equipment is actually installed Initial Term 5 years following the Effective Date (per SoCal Edison “SCE” data reporting requirement) Renewal Term Two automatic renewals of 5 years each
Equipment The Equipment listed on Schedule II
Property Those property address(es) listed on Schedule I Equipment Ownership Client
Installation Responsibility Provider
Other Charges Network/connectivity Fees $18 per month
Transaction Fees – 8% of Gross Revenues
Provider reimburses: Electricity
Equipment Prices Covered by Provider
Revenue Sharing Provider 60% - Client 40%
*All the terms used in the summary above have the same meanings attached to the terms within this Agreement. 1 Engagement
1.1 Provider and Client hereby engage in this exclusive electric vehicle charging service agreement whereby : ( i) Provider will supply, operate, and service the Equipment listed on Schedule II, for which Client agrees to purchase the Equipment from Provider ; and (ii) Client shall complete the make-ready requirements in strict accordance with Schedule III (the “Make Ready Requirements”) at the property addresses listed on Schedule I under the terms and conditions hereof throughout the Term.
1.2 Participation. Other municipalities or public agencies in the State of California may be interested in purchasing equipment and services as procured through this Agreement. Provider agrees that the price offered in this Agreement will be extended to other public agencies in the State of California not later than ninety ( 90) days after award by the City of Montebello. Any such "piggy -back" awards will be made independently by each agency, and the City of Montebello or its consultants, are not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated "piggy-back" procurements. Is it also understood and agreed that each public agency will establish its own contract with Provider and the City of Montebello is not a legally bound party to any contractual agreement made between Provider and any other entity other than Client.
1.3 Make Ready. Client shall complete the Make Ready Requirements at the location(s) within the Property specifically designated for EV charging by Client and set forth and/or depicted by diagrams on Schedule I (collectively, hereinafter the “Designated Areas”). The Property list (Schedule I) may be updated from time to time throughout the Term to include additional properties. Client undertakes to (i) use licensed professional services and (ii) obtain all necessary permits to complete the Make Ready Requirements within ninety (90) days following the execution of this Agreement.
1.4 Installations. Following Client’s verification to Provider that the electric panels, breakers conduits, and wiring are all fully functional
Blink Host Owned City of Montebello V2.1 2
and supply adequate electricity to the Designated Area, Provider shall install the Equipment at the Designated Areas. Provider will connect the Equipment to the electricity grid and bear certain costs associated with the installation of the Equipment . Provider’s installation responsibility is limited to (i) connecting the Equipment to the fully- functioning electric panels, breakers conduits, and wiring that supply adequate electricity; and (ii) the commission of the Equipment on the Blink Network. Provider undertakes to: use licensed professional services and obtain all necessary permits to install the Equipment within sixty ( 60) days following the execution of this Agreement , subject to Client completing its Make Ready Requirements. The Parties will execute an Installation Date Acknowledgement Certificate (Schedule IV) on the date of Provider’s installation to establish the Effective Date.
1.5 Services. Provider will service and operate the Equipment at the Designated Areas for the Term (defined below).
2 Term and Termination
2.1 Initial Term . The initial term of this Agreement shall be for a period of five (5) years commencing on the Effective Date (“Initial Term”), as required for SCE data reporting.
2.2 Renewal Term; Term. This Agreement shall automatically renew for two additional five (5) year renewal terms (each, a “Renewal Term” and, together with the Initial Term, the “Term”). Upon expiration of the second Renewal Term, unless terminated earlier, the Agreement shall continue on a month-to-month basis.
2.3 Termination. Provider may choose to terminate this Agreement by delivering Client a written notice of its intent to terminate prior to the expiration of the Term or any applicable Renewal Term with a 90-day notice.
2.4 Termination Fee; Removal Cost. Intentionally omitted.
2.5 Removal of Equipment. Intentionally omitted.Provider shall have the right, but not the obligation, upon the termination or expiration of this Agreement, to enter upon the Property within sixty (60) days after such termination /expiration and to remove any and all Equipment (which all right, title , and interest in said Equipment shall at all times during the term of this Agreement, be deemed property of Provider) as well as any other ancillary property of Provider relating thereto. Provider shall coordinate the removal of Equipment with Client.
3 Equipment
3.1 Supply. Provider shall supply the Equipment listed on Schedule II hereof, shortly after the execution of this Agreement.
3.2 Ownership. All rights, titles and interests in and to the Equipment shall, at all times during the Term , be and remain the property of Client. The Client’s ownership shall include, but not be limited, to all hardware, software, records, files and/or data collected or produced by the Equipment (the “Proprietary Data”), as well as any and all environmental (or similar) credits generated by the Equipment or the use or disbursement of electricity by the Equipment.
3.3 Grants and Rebates. Client holds all right, title, and interest in and to any grants and/or rebates received, or which may be received in the future, in connection with the installation, and/or operation of the Equipment and/or the Network under this Agreement.
____________ (Client initials)
3.4 Additional Equipment. Provider may assess, from time to time, the need for additional Equipment on the Property based on certain parameters and make its recommendations to the Client. If accepted: (i) Client shall complete the Make Ready Requirements at the locations for any additional Equipment and carry all associated costs; (ii) the Parties will execute an Installation Date Acknowledgement Certificate ( Schedule IV ) for the additional Equipment, which will establish a new Effective Date. The Term of this Agreement shall restart from the new Effective Date.
3.5 Markings. Provider shall ensure the Equipment is clearly marked with the following information for users: (i) Provider’s contact information for complaints, notification, and service issues and (ii) a statement of Provider’s responsibility to service issues, damages, or loss.
3.6 Property Condition. Client agrees, at its own expense and at all times during the Term, to keep public areas, streets , and sidewalks appurtenant to any Designated Areas, reasonably free of debris and rubbish, and in good repair and condition. In addition, Client shall provide and maintain, in compliance with any applicable codes and statutes, such outdoor lights and lighting as may be necessary to illuminate the Designated Areas and Equipment. Client shall be responsible for protecting the Equipment on the Property.
3.7 Internet Connection. In the event the Equipment cellular signal is not available or non-functioning, Client will allow Provider to access its Wi-Fi network or wired ethernet (LAN) if such networks are available at the Property.
3.8 Signage. Client will install and pay all costs and expenses associated with signage that Provider will supply for marking the spot in the Designated Area(s) as EV charging station area(s).
4 Access to Equipment
4.1 Client grants Provider a license for Provider, its employees, agents, and vendors to enter upon the Property at any time (and to the extent possible, with notice to Client), for the purposes of inspecting, servicing, and maintaining the Equipment. Client shall not interfere with Provider’s services, maintenance, or data collection from the Equipment, or its other responsibilities under this Agreement; provided that, to the extent possible, Provider gives Client at least 24 hours notice ahead of any entry into the Property. 5 Licenses/Permits
5.1 Client must obtain all necessary licenses and/or permits to complete the Make Ready Requirements at the location and for the operation of the Equipment and shall be exclusively responsible for any citations as a result of any default hereunder.
6 Maintenance and Service
6.1 Provider will service and operate the Equipment.
6.2 Provider will maintain and replace the Equipment as necessary to keep the Equipment in proper working order.
6.3 Provider will make available technical service support personnel to promptly service the Equipment in a commercially reasonable manner.
6.4 If Client knows, or becomes aware, of any actual or potential claim against Provider by any person or entity, or any actual or potential malfunction of the Equipment, Client shall promptly notify Provider upon discovery of such claim or malfunction.
6.5 If the Equipment requires maintenance or replacement due to (i) vandalism; or (ii) issues arising from Client’s completion of the Make Ready Requirements, Client shall be responsible for carrying the costs associated with such services. Provider shall provide an estimate for repairs and deduct the cost of such repairs through the monthly remittance of revenue sharing with the Client.
7 Payments and Fees
7.1 Collection of Revenue. Provider will record the Equipment usage and collect all revenue generated by the Equipment.
Blink Host Owned City of Montebello V2.1 3
7.2 Revenue Paym ent. Provider shall remit to Client forty percent (40%) of the Net Revenues generated by the Equipment (“Revenue Payment”. split 25% to City of Montebello and 15% to CIOPRO US who provides program management oversite.
7.3 “Net Revenues” are defined as the gross revenues generated from the Equipment through EV charging fees and advertising (“Gross Revenues”), minus : (i) any and all taxes paid by Provider, (ii) transaction fees of eight percent (8%) of Gross R evenues, (iii) $18.00 per month, per charging station in network/connectivity fees related to the operation of the Equipment , and (iv) Electricity payments or reimbursements by Provider for the period ((i), (ii), and (iii) being referred to hereinafter as the “Fees”).
7.4 Provider shall issue the Revenue Payment to Client on or before the fifteenth (15 th) day of each month subsequent to the applicable monthly revenue period. An activity report for the reported month detailing: (i) the number of transactions, (ii) the Gross R evenues, and (iii) the Fees will accompany each Revenue Payment.
7.5 If the Gross Revenues do not cover the Fees incurred in a given month, such unpaid Fees will accrue to the following month.
7.6 Client waives all claims for any additional payments beyond the Revenue Payment.
7.7 ACH Payments. Client will obtain its monthly Revenue Payments through direct electronic transmissions (ACH Payments) by providing its banking information to Provider and executing the ACH form attached as Schedule V hereof. Client agrees that unless Client executes the ACH Form , no Revenue Payment shall be processed to Client unless and until either (i) the aggregate amount due to Client (including the Revenue Payment and the Electricity Reimbursement (defined below)) exceeds $50.00 or (ii) it is January 15th and there are unpaid Revenue Payments due to Client as of December 31st of the previous year.
7.8 Session Limits. Provider shall be solely responsible for managing issues relating to session time limits, advertising fees , or other charges relating to the use of the Equipment.
7.9 Electricity.
Client Electric Meter . If the Equipment is connected to Client’s electric meter, Provider shall reimburse Client for the electricity used by the Equipment (the “Electricity Reimbursement ”), in accordance with the usage indicated by the Equipment’s internal meter. The meter indicates the exact amount of Kilowatt-hours (kWh) that the Equipment utilizes in charging EVs during each calendar month ( “Monthly kWh”). Provider will then reimburse the Client for the Monthly kWh at the rate per kWh, which the utility company charges the Client in its monthly electricity bill. The Electricity Reimbursement shall be issued by Provider to Client together with the Revenue Payment . Unless Client executes the ACH Form Schedule V, no Electricity Reimbursement shall be sent to Client unless and until either (i) the aggregate amount due to Client (including the Revenue Payment and the Electricity Reimbursement) exceeds $50.00 or (ii) it is January 15th and there are unpaid Electricity Reimbursements due to Client as of December 31st of the previous year.
Provider Electric Meter . Provider is hereby granted the option , which it may exercise at its sole discretion, to install its own electric meter at the Property and connect the Equipment to such meter at no cost to Client.
7.10 Equipment Upgrade . During the Term, Provider , at its sole discretion, may upgrade the Equipment within the Designated Areas. Provider shall be solely responsible for all costs associated with such upgrade.
7.11 Relocation. Intentionally omitted.
8 Press releases and Public Filings
8.1 Provider and/or its parent may disclose information relating to this Agreement in any manner necessary to comply with any regulatory responsibilities under the Securities Exchange Act of 1934 or other applicable law.
8.2 Provider and/or its parent may release information concerning this Agreement as a press release substantially similar to the draft press release attached as Schedule VI hereto.
8.3 Client agrees that Provider may use Client’s name and logo as a customer in its marketing materials.
8.4 Client may not disclose any information relating to this Agreement without obtaining Provider’s prior written approval. Provider’s approval shall not be unreasonably withheld . Provider
acknowledges that disclosure of public information shall be done to the extent required under applicable state and federal public disclosure laws.
9 Exclusive Right and Option
9.1 EV Exclusivity. Client hereby grants Provider with an exclusive right to install, maintain, service , and operate any EV charging equipment on the Property during the Term.
9.2 During the Term, in the event that additional Designated Areas for EV charging equipment will be needed on the Property , Provider shall have the exclusive option to provide, operate, and service t he Equipment at said location (“Additional Equipment ”). The Additional Equipment shall be listed and added to Schedule II, the new locations shall be added to the list of the Designated Areas Schedule I, and all terms and conditions of this Agreement shall apply to the Additional Equipment.
9.3 Provider shall have the sole determination on the appropriate ratio of Equipment in a Designated Area under this Agreement. 10 Indemnification
10.1 Client shall indemnify Provider and hold it harmless from and against any and all claims, actions, damages, liabilities, and expenses incurred in connection with loss of life, personal injury, and/or damage to property arising directly out of the negligence or misconduct of Client its agents, employees or servants (the “Indemnified Matters”), including costs and reasonable attorneys’ fees related to the Indemnified Matters.
10.2 Provider shall indemnify Client and hold it harmless from and against any and all claims, actions, damages, liabilities, and expenses incurred in connection with loss of life, personal injury, and or damage to property arising directly out of the negligence or misconduct of Provider.
11 Limitation of liability
11.1 Provider’s aggregate liability under this Agreement shall not exceed the greater of: the aggregate Net Revenues retained by Provider in the calendar year prior to the event giving rise to a claim ; or the maximum compensation paid by the applicable insurance if the liability is covered by an existing insurance policy.
11.2 In no event will Provider be liable for any lost revenue or profit, lost or damaged data, business interruption, loss of capital, or for special, indirect, consequential, incidental or punitive damages, however caused and regardless of the theory of liability or whether arising out of the use of the Equipment, this Agreement or otherwise or based on any express, implied or claimed warranties not specifically set forth in this Agreement.
12 Confidential Information
12.1 The P arties incorporate the attached Non-Disclosure Agreement
Blink Host Owned City of Montebello V2.1 4
(Schedule VII) into the terms of this Agreement.
13 Injunctive Relief
13.1 Provider shall be entitled to enforce each of the obligations and restrictive covenants by means of injunctive relief or an order of specific performance and such remedy shall be available in addition to all other remedies available at law or in equity.
13.2 In such action, Provider shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security.
14 Privacy
14.1 Where a Party provides or makes available personal information to the other P arty in connection with this A greement, the first Party must: (i) comply with all Pr ivacy Laws in relation to that personal information; and (ii) take all steps that are reasonable in the circumstances to keep that personal information safe and secure.
14.2 Privacy Laws. Client agrees that to the extent that any Confidential Information provided to Client comprises any Personal Data Client will: (i) comply with all applicable Data Protection Laws “Data Protection Laws ” means: (a) the General Data Protection Regulation (EU) 2016/679 ( “GDPR”) and any regulations and secondary legislation, as amended or updated from time to time in the Client’s country of residence; (b) any successor legislation to the GDPR or the Data Protection Acts 1988 and 2018; and (c) the Privacy laws of the State the Client is located, in connection with the processing of such Personal Data (the terms “processing” and “Personal Data” having the meaning given to such terms in Data Protection Laws from time to time); and (ii) when applicable, not transfer Confidential Information comprising Personal Data outside the EEA unless the Client can ensure that such transfer is performed in accordance with the Data Protection Laws.
15 Force majeure
15.1 If Provider is delayed in or prevented from the performance of any act required under this Agreement by reason of any strike, lockout, labor trouble, inability to procure materials or energy, failure of power, weather, restrictive governmental laws or regulations, riot, insurrection, picketing, sit-ins, war, pandemic or other unavoidable reason of a like nature not attributable to the negligence or fault of Provider, the performance of such work or action will be excused for the period of the unavoidable de lay and the period for the performance of any such work or action will be extended for an equivalent period.
16 Dispute resolution
16.1 This Section 16 applies to any dispute which arises between Provider and Client in connection with this A greement
(“Dispute”).
16.2 Amicable Resolution. If either Party considers that a Dispute has arisen as a result of the conduct of the other Party , it may is sue a notice to the other P arty, setting out reasonable particulars of the conduct which gives rise to the Dispute (“Dispute Notice”). The Parties must promptly hold discussions between their
representatives after the issue of a Dispute Notice to attempt to resolve the Dispute (the “Discussion”).
16.3 If the Dispute has not been resolved within ten business d ays following the Discussion , either P arty may pursue its rights and remedies under this Agreement as it sees fit.
16.4 Court Proceedings. Notwithstanding the above, Provider may, at any time, commence court proceedings in relation to a Dispute or claim arising in connection with this Agreement.
16.5 Governing Law and Jurisdiction . This Agreement shall be governed by the laws of the State of California, without regard to conflict of laws. Any suit involving any D ispute arising under this Agreement may only be brought in State or Federal Court of Los Angeles County, California, which shall have exclusive jurisdiction over the subject matter of the Dispute.
17 Notice
17.1 Any notice required to be given or otherwise given pursuant to this Agreement shall be in writing and shall be: (i) hand-delivered, or (ii) mailed by certified mail, return receipt requested , or (iii) sent via recognized overnight courier service to the addresses listed above , or (iv) transmitted by fax, or (v) by email.
17.2 Notwithstanding Section 17.1, above neither Party may use email or fax transmissions to give notice of breach or termination to the other Party , such breach/termination notice must be sent by certified mail return receipt requested.
18 Insurance
18.1 Each Party shall hold and maintain, at all times during the Term, fitting and suitable insurance policies according to the reasonably perceived risks associated with each Party’s responsibilities under this Agreement and in accordance with standard industry practice. 19 General
19.1 Nothing in this Agreement shall constitute or be deemed to constitute a partnership or joint venture between the parties hereto or constitute or be deemed to constitute any P arty as the agent or employee of the other P arty for any purpose whatsoever , and neither Party shall have authority or power to bind the other or to contract in the name of, or create a liability against, the other in any way or for any purpose.
19.2 Client agrees to comply with all applicable laws, statutes, regulations or rules, including those of applicable self -regulatory bodies in its performance of this Agreement.
19.3 Client may not assign, in whole or in part, or novate its rights and obligations under this Agreement without the prior written consent of Provider.
19.4 This A greement supersedes all previous agree ments about its subject matter. This A greement embodies the entire agreement between the parties.
19.5 A right under this Agreement may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in the waiver.
19.6 This Agreement may be signed in any number of counterparts. All counterparts together make one instrument. This Agreement may be signed electronically.
19.7 Client Representation : If Client is not the Property Owner, or Leaseholder of the Property, and in the case of a leaseholder, if Client does not have authority to carry out its obligations under this Agreement pursuant to its lease agreement with the Property Owner, Client her eby expressly warrants that it will obtain the Property Owner or Leaseholder’s signature in the section of the signature panel titled “Property Owner/Leaseholder’s Acceptance and Agreement.” [Signature Page Follows]
Blink Host Owned City of Montebello V2.1 5
IN WITNESS WHEREOF, the Parties hereto have each caused this Agreement to be executed by their officers duly authorized to execute
Signed by the authorized representative of PROVIDER: Signed by the authorized representative of CLIENT:
Signature: ...........................................................................................
Signature: ...........................................................................................
Name: ...........................................................................................
Name: ...........................................................................................
Position: ...........................................................................................
Position: ...........................................................................................
Date: ...........................................................................................
Date: ...........................................................................................
Property Owner/Lessee’s Acceptance and Agreement:
By adding our signature below, we accept all of the terms of this Agreement that might apply to us, or might be affected by our ownership or leasehold on the Property, during the Term hereof.
Additionally, our signature below expressly grants the authority to Client to enter into this Agreement and carry out any obligations and make any decisions pursuant to this Agreement which may need our authorization due to our ownership or leasehold on the Property:
Signature: ...........................................................................................
Name: ...........................................................................................
Position: ...........................................................................................
Date: ...........................................................................................
Blink Host Owned City of Montebello V2.1 6
SCHEDULE I – LIST OF PROPERTIES
Property Address Designated Area Mark on the Map Point of Contact 1600 W. Beverly Blvd.
Montebello, CA 90640
Map to be provided
Blink Host Owned City of Montebello V2.1 7
SCHEDULE II – EQUIPMENT
Equipment Name Details Serial Numbers
NOTE: Please provide equipment list
that was already approved.
NOTE: We will not be
leasing/amortitizing as Blink is getting
paid through our grant all procurement
costs upfront. The City will not be paying
for or leasing any equipment.
Blink Host Owned City of Montebello V2.1 8
Blink Host Owned City of Montebello V2.1 9
SCHEDULE III – MAKE READY REQUIREMENTS
Client shall be responsible for the make-ready work as required to facilitate the final installation of the charger pedestal(s) and charger(s) included under the Agreement. Provider will be responsible for the installation of the pedestal(s) and charger(s) on top of the make-ready work to provide a complete and functional installation without any additional work or adjustment to the make-ready installation provided by Client.
The make-ready requirements include the following configurations:
• Dual-port Charger with Pedestal on Sidewalk
• Single-port Charger with Pedestal on Sidewalk
• Dual-port Charger with Pedestal on Concrete Pad
• Single-port Charger with Pedestal on Concrete Pad
• Dual-port Charger Wall Mount
• Single-port Charger Wall Mount
A dual-port charger is an assembly of an IQ-200 Advanced unit and IQ-200 Smart unit on a common triangular pedestal. The dual-port charger can be configured to share a single circuit or to have dedicated circuits for each port. The agreement will specify the applicable wiring configuration to be installed as part of the make-ready.
Please note that any variation to these requirements must be approved in writing by Provider.
General Requirements – applicable to all configurations- WILL REVIEW CONSTRUCTION REQUIREMENTS WITH SCE
• The following materials are required to be submitted to Provider within 30 days of Agreement execution. o A scaled Site Plan shall be provided that provides the following minimum information with respect to the installation:
▪ Client name, site address
▪ Parking lot layout including all travel lanes and ingress/egress ▪ Location of source electric panel
▪ Location of charger pedestal(s)
▪ Conduit run from source panel to charger pedestal(s)
▪ Location of disconnects, if any
▪ Location of bollards, wheel stops, or other protective means to be installed o One-line electrical diagram for the circuits
o Photos of electric source panel, typical grade conditions where trenching, and pedestal location(s) • Make-ready work will not commence until Provider has reviewed and accepted the above materials and Client has secured any required permits.
Provider reserves the right to make edits on-site plan prior to construction by Client for ADA compliance and/or other make-ready requirements
• All work shall be in conformance with the National Electric Code, latest edition, and all requirements of the local Authorities Having Jurisdiction (AHJ). All codes and requirements are considered minimum requirements and are superseded by these make-ready requirements where such make-ready requirements stricter. Client is responsible for obtaining any required permits and passing any required inspections. • Conduit shall be 1-1/4” minimum
• Underground conduit shall be schedule 40 PVC where permitted by code. No conduit should be visible on the site or exterior of the facility.
Where PVC is not permitted, use IMC conduit and fittings suitable for the installation conditions as prescribed by code. • Interior conduit in electric service rooms and other areas shall be EMT with compression style sealed couplings. Where EMT is not permitted, use other approved wiring methods, with the exception of flexible conduit. • A separate conduit or pair of conduits shall be run from the electric source panel to each of the pedestals included in the agreement. Where 2 circuits are required to feed the pedestal, each circuit should be run in a separate conduit. • Conductors shall be copper, type THHN, #6 AWG minimum, #2 AWG preferred. • Each circuit to be connected to a 2-pole circuit breaker (single phase 208-240V Supply) in the electric source panel. New breakers shall be provided, regardless of whether existing breakers are suitable. Breaker rating shall be 60A minimum, 100A preferred. Breaker rating shall match wire ampacity per code requirements. Panel directory to be updated to include added circuits. • Client is responsible for determining the adequacy of the source electric panel to support the charging load. Client is responsible for any work required to provide a source panel suitable for the intended charger load. • Provide a minimum of a 60” wire whip at pedestal stub-up to facilitate charger connection without the need to extend wiring. Coil and attach wire to stub for protection.
• Upon completion of the installation, and approval of required AHJ inspections, the installation shall be commissioned. Commissioning for make ready includes the following:
o Energize circuit(s) and test voltage at stub-up
o Shut breakers and tag/lockout.
o Photograph completed installation including circuit breaker panels, restoration of trenching, stub up with wire whip of intended pedestal/charger location, and intended parking spots
o Update site plan and 1-line to represent as-built conditions. o Certify via a certificate of completion
• Upon completion of commissioning, cover and protect stub-up and wiring, by placing a wood box over the stub and wiring and attach to slab with concrete screws within the pedestal footprint such that holes will not be visible upon final installation. Mark box with warning and protect
Blink Host Owned City of Montebello V2.1 10
the public from any potential trip hazard with warning tape, cones, etc. as required. In the case of wall mount installation, the box shall be attached to wall.
• All conductors should be properly identified at both ends (panel and charger). Identification shall include panel id, location, and circuit number(s).
• For dual-port make-ready where 1 circuit is required, a junction box at grade, or junction box at location where conduit goes underground is required. Wire connection should be made with insulated Polaris multi-tap connectors for energized conductors and copper split bolt or weld for ground conductors. Tap conductors should be same size as circuit conductor. From junction box extend 2 conduits to pedestal and stub up as specified above.
• If source electrical panel is not visible from charger location, or as otherwise required by the AHJ, disconnect switches shall be provided for each circuit in accordance with code requirements.
• Client will be responsible for installation of wheel stops, bollards, or other protective means as determined or otherwise required by the AHJ and/or by Provider.
• Except for wall-mounted installations, Client will install an 8’ U-Chanel signpost, sunk 2’ into the ground with 6’ exposed, at the head of each parking stall serviced by a charger.
• Client is responsible for ensuring charger connectivity through Wi-Fi or cellular booster if cellular sim cards do not provide connectivity.
Provider can provide assistance in helping Client understand connectivity issues where the IQ 200 cellular sim card is not sufficient.
Configuration: Single/Dual-port Charger with Pedestal on Sidewalk
• A minimum of 36” clear sidewalk must be maintained after installation pedestal. • Curb of sidewalk must be no greater than 6” and no less than 4” above the adjacent parking surface to meet ADA requirements. • For single-port, the center of conduit stub-up to be 3.5” off-centered between parking stalls and set back 10” from the face of the curb (This will create 4” between the face of the charger and the face of the curb). • For dual-port, the center of conduit stub-up to be centered between parking stalls and set back 12” from the face of the curb (This will create
3.5” between the tip of the triangle and the face of the curb, which complies with ADA requirements).
Configuration: Single/Dual-port Charger with Pedestal on Concrete Pad
• Concrete pad to be minimum 36” x 36”. Pad shall be designed in accordance with local code requirements and AHJ. Client is responsible for any engineering, stamps, fees, etc., associated with the work. • Concrete pad to be finished flush with adjacent parking surface or grade. • Rebar shall be maintained with a minimum 3” clearance from forms and grade. • Concrete pad(s) to be centered between parking spaces and align with the outside edge of the parking stall. No portion of the concrete pad should be located within the parking stall.
• Conduit stub-up to be centered between parking spaces and set back 12” outside the edge of the parking stall for dual-port. • For single-port, the center of conduit stub-up to be 3.5” off-centered between parking stalls and set back 10” from the face of the curb
Configuration: Single/Dual-port Charger - Wall Mounted
• Conduit should be routed to a point 24” above the finished floor, below and centered on the intended charger location. • Conduit should be routed parallel and perpendicular to the structure. • Conduit should be routed up to the charger from below. If the conduit is fed from above, it should drop down a minimum of 24” horizontally from the charger location to prevent physical interference.
Blink Host Owned City of Montebello V2.1 11
SCHEDULE IV – INSTALLATION DATE ACKNOWLEDGMENT
Installation Date Acknowledgment
For the purposes of determining the term of the Agreement, pursuant to Paragraph 1.3 or 3.4 hereof, the following date shall be deemed the acknowledgment of the initial date of installation of the Equipment at the following location(s):
Location: ____________________________________________________________________________
Date of Installation: ________________________
Serial
number(s): ________________________;________________________;________________________;________________________
________________________;________________________;________________________;________________________
Signed by the authorized representative of PROVIDER: Signed by the authorized representative of CLIENT:
Signature: .......................................................................................................
Signature: .......................................................................................................
Name: .......................................................................................................
Name: .......................................................................................................
Position: .......................................................................................................
Position: .......................................................................................................
Date: .......................................................................................................
Date: .......................................................................................................
Signed by the authorized representative of MANAGER (if applicable):
Signature: .......................................................................................................
Name: .......................................................................................................
Position: .......................................................................................................
Date: .......................................................................................................
Blink Host Owned City of Montebello V2.1 12
SCHEDULE V – ACH FORM
CLIENT AUTHORIZATION/ACKNOWLEDGMENT
I hereby authorize Blink Network, LLC (the “Provider”) to electronically credit my account as follows:
I agree that the ACH transactions I hereby authorize comply with all applicable law.
Bank Name: _______________________________________
Name on the Account: _______________________________
Routing Number: ___________________________________
Account Number: ___________________________________
I understand that this authorization will remain in full force and effect until I notify the Provider in writing that I wish to revoke this authorization. I understand that the Provider requires at least two weeks prior notice in order to cancel this authorization. I understand that debits made for the sole purpose of correcting erroneous credits do not require my authorization.
Signature: _____________________
Name: _______________________
Date: __________
Blink Host Owned City of Montebello V2.1 13
SCHEDULE VI – DRAFT PRESS RELEASE
Blink Charging to Deliver Charging Stations to Client
Blink Inks Deal with Client for Expansion of its Charging Station Network
Miami Beach, FL – xxxxx xx, 2020 – Blink Charging Co. (NASDAQ: BLNK, BLNKW) (“Blink” or the “Company”), a leading owner and operator of electric vehicle (EV) charging equipment and services, and client, a provider of [products/services], announced the installation of xx Level 2 EV charging stations at location. Blink will provide its EV charging stations to client employees, tenants, and visitors in support of the rapidly increasing number of electric vehicles.
“Our IQ 200 chargers are the fastest Level 2 AC charging stations available, producing 80 amps of output and capable of providing approximately 65 miles of charge in an hour. With this agreement, we continue to expand and monetize our network of stations throughout the country,” remarked Blink Founder and CEO, Michael D. Farkas. “We are honored to be a part of client’s corporate sustainability initiative that is leading the way in adopting green living through the reduction of carbon dioxide emissions caused by traditional gasoline-powered vehicles.” Blink’s charging stations are compatible with any fully electric or plug-in hybrid vehicle, including the entire line of Tesla vehicles. The charging units installed at client location join the rapidly expanding network of Blink Charging stations, which are easily accessible throughout the country, using Blink’s mobile app, the Blink Charging website (www.blinkcharging.com), and Google Maps.
Client quote.
Custom paragraph for client initiatives/products/services.
According to the U.S. Department of Energy’s EV Everywhere Workplace Charging Challenge (2015), access to electric vehicle charging stations at workplaces continues to increase, with 90% of employers reporting their stations were in regular use five days a week. Corporations and employers are providing EV charging stations at the workplace as an employee benefit to attract and retain individuals who are environmentally conscious. # # #
ABOUT BLINK CHARGING
Blink Charging (Nasdaq: BLNK, BLNKW) is a leader in electric vehicle (EV) charging equipment and networked EV charging stations, enabling EV drivers to easily charge at any of its 23,000 deployed charging locations worldwide. The Company’s principal line of products and services is its Blink EV charging network (“Blink Network”), EV charging equipment, and EV charging services. The Blink Network utilizes a proprietary cloud-based software that operates, maintains, and tracks the EV charging stations connected to the network and the associated charging data. With global EV purchases forecasted to rise to 10 million by 2025 from approximately 2 million in 2019, the Company has established key strategic partnerships to roll out adoption across numerous location types, including parking facilities, multi-family residences and condos, workplace locations, healthcare/medical facilities, schools and universities, airports, auto dealers, hotels, mixed-use municipal locations, parks and recreation areas, religious institutions, restaurants, retailers, stadiums, supermarkets, and transportation hubs. For more information please visit: https://www.blinkcharging.com/.
ABOUT CLIENT
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SCHEDULE VII – NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT
This Non-Disclosure and Confidentiality Agreement (this “NDA”) is made on the same day of the Exclusive Electric Vehicle Charging Services Agreement ( “Agreement”), by and between the Provider and the Client. (Client and Provider collectively referred to as “Parties” and individually as “Party”).
WHEREAS: A. Provider, for the mutual benefit of the Parties may have provided, and may wish further to provide, to Client, certain commercially valuable, proprietary and confidential business information and trade secrets in relation to the Purpose (defined below). B. Client recognizes that Provider has legitimate business interests in protecting the Confidential Information, including but not limited to, (i) trade secrets as defined by the Florida Uniform Trade Secrets Act; (ii) valuab le, confidential business, or professional, information that otherwise does not qualify as trade secrets; (iii) substantial relationships with specific, prospective, or existing, Clients; and (iv) Client goodwill associated with Provider’s business.
In consideration of the mutual covenants contained herein, the Parties hereby agree as follows:
1. DEFINITIONS. In this NDA, the following terms have the following meanings: (i) “Affiliate” with respect to either Party, shall mean any entity which directly or indirectly controls or is controlled by, or is under common control with that Party. (ii) “Confidential Information” or “CI” shall mean (a) any and all information which is disclosed by Provider (whether before or after the date of this NDA and in whatever form) to Client including but not limited to, the revenue payments, financial statements, analyses, budgets, fore casts, evaluations, processes, products (and including, as to specific processes or products, information relating to the formulation, composition, methods of manufacture, potential uses, test methods or other technical or scientific features), business strategies, plans and procedures, trade secrets, samples, prototypes, designs, drawings, photographs, specifications, standards, manuals, formulae, algorithms, computations, compilations, data, software, programs, databases, know-how, mask work, concepts, intellectual property, costs, profits, sales, customer and supplier lists, customer requirements, price quotations of or in relation to Provider and/or its Affiliates, which Provider considers to be confidential and which is identified by Provider as confidential, or which by necessary implication must have been imparted in confidence; (b) the terms of the Agreement including this NDA; and (c) the fact that discussions are taking place between the Parties and the subject matter of the discussions. Further, all analyses, compilations, studies, summaries, extracts, notes and other documentation prepared by Client arising out of the CI shall also be included within the purview of CI and shall be treated as such. (iii) “Purpose” shall mean the deployment and operation of Provider’s charging stations and network connectivity (“Equipment”) at Client’s properties. (iv) “Representatives” shall mean any or all of a Party’s directors, officers, employees, agents, contractors and advisors.
2. CONFIDENTIALITY AND RESTRICTED USE. Client hereby expressly agrees:
2.1 to hold the CI in strict confidence and use any CI only for the Purpose and for no other purpose and in particular, but without prejudice to the generality of the foregoing, Client undertakes (a) not to make any commercial use of any CI; and (b) not to use any CI for the benefit of itself or of any third party other than pursuant to a further agreement with Provider.
2.2 that without the prior written consent of Provider, Client will not in any manner or at any time publish or disclose, disseminate or otherwise provide the CI, in whole or in part, to any person or entity except to such of its Affiliates and/or Representatives as are directly concerned with the Purpose and w hose knowledge of the CI is essential for the Purpose (“Permitted Person”).
2.3 to safeguard the CI in the same manner as Client would safeguard its own information of a similar nature, but with no less than reasonable care under the circumstances.
2.4 to institute and maintain appropriate security measures to carry out the Purpose including limiting the disclosure of the CI to the Permitted Person only if the Permitted Person is subject to an obligation of confidentiality and it has been intimated that Provider’s CI must be kept confidential and must be used only for the Purpose. Client shall ensure that each Permitted Person strictly complies with the terms of this NDA and will be unconditionally responsible for any unauthorized disclosure or use of Provider’s CI or breach of this NDA.
2.5 that it shall immediately inform or advise Provider of any unauthorized use or disclosure, misappropriation or misuse by any person or entity of any CI upon Client having actual notice or actual knowledge of the same or having any reason to suspect such unauthorized use or disclosure or misappropriation.
2.6 Unless specifically requested to do so by Provider, Client shall be prohibited from analyzing the composition of or modifying , changing, merging, adapting, translating, reverse engineering, decompiling, disassembling or preparing works derived from any Equipment or the CI.
2.7 Subject to the provisions of this NDA, Client may disclose CI if and to the extent that it is compelled or required to do so by a court or other authority that has jurisdiction over Client. Before making such a disclosure Client shall advise Provider of such required disclosure promptly upon learning thereof in order to afford Provider a reasonable opportunity to contest, limit and/or assist Client in complying with any such requirement for disclosure.
2.8 The obligations of confidentiality under this NDA shall not apply to any part of the CI which (i) Client can demonstrate, by its written records, is already known to Client, free of any confidentiality obligation or restriction, at the time that it was disclosed to Client; (ii) is or becomes publicly known through no wrongful act or breach of this NDA on the part of Client; (iii) has been independently developed by Client without breach of this NDA or infringement of the proprietary rights of Provider; (iv) has been rightfully received from a third party without restriction on disclosure and without the breach of this NDA or any confidentiality obligation imposed on such third party; or (v) has been approved in writing for disclosure to third parties by Provider without imposing any confidentiality obligation.
2.9 In the event CI involving any public entity is disclosed, both parties agree to refrain from trading the stock of the disclosing company until that material non-public information is publicly disseminated.
3. OWNERSHIP OF CONFIDENTIAL INFORMATION. Client recognizes and agrees that all CI received by it from Provider is and shall remain the exclusive property of Provider and/or its respective Affiliates and that this NDA neither intends to transfer the ownership of nor grants license or any other right, express or implied, in relation to the CI or to any other intellectual property disclosed by Provider to Client. Client undertakes that it will not file any application for a patent, design and/or utility model based on or derived from any intellectual property of Provider (whether already filed or not).
4. NATURE OF OBLIGATION. Client acknowledges and agrees that (a) the CI is a special, valuable and unique asset to Provider, its parent, subsidiaries and affiliates; (b) any unauthorized disclosure or use of the CI could cause irreparable harm and loss to Provider and/or its respective Affiliates; (c) monetary damages may be inadequate to compensate Provider and/or its respective Affiliates for a breach of this NDA; and (d) in addition to any other remedies at law or in equity available for breach of this NDA, Provider shall be entitled to specific performance, injunctive or other equitable relief as may be necessary to restrain any continuing or further breac h by Client without showing or proving any actual damages sustained by Provider and/or its respective Affiliates in addition to any other relief or other applicable remedies. Moreover, any such award of relief to Provider shall include recovery of all actual and reasonable costs associated with enforcement of this NDA.
5. RETURN OF CONFIDENTIAL INFORMATION. All CI of Provider remains the property of that party and will be returned to it or destroyed at its request.
Within 30 days of receiving such a request from Provider, Client will comply with the request and provide a written certification, signed by an officer, of its compliance.
6. REPRESENTATIONS AND WARRANTIES
6.1 Each Party agrees, acknowledges, represents, warrants and covenants with the other Party that: (i) this NDA constitutes a legal, valid and binding obligation and is enforceable against it in accordance with the terms hereof; and (ii) the execution, delivery, and performance of this NDA have been duly authorized by all requisite corporate actions and will not constitute a violation of any statute, judgment, order, decree or regulation of any court or arbitral tribunal applicable or relating to the Party, its assets or its business.
6.2 Provider does not make any representation or warranty as to the accuracy or completeness about its CI (or any part thereof) a nd Client should satisfy itself through independent inquiry and investigation with respect to these matters. Client agrees that neither Provider nor its Representatives shall have any liability in any manner whatsoever for any loss or damage suffered by Client as a result of relying upon or using any CI of Provider including, but not limited to, any consequential, incidental, direct, indirect, special, or punitive damages incurred by Client.
7. TERM. This NDA shall be effective from the date of the Agreement and shall continue in force thereafter for the longer of two (2) years following the termination of any business relations between the Parties.
8. INDEMNIFICATION. Client hereby agrees to indemnify and hold harmless Provider and Provider’s Affiliates from and against any and all losses, damages, suits, proceedings, claims, demands, liabilities, fines, costs and expenses (whether direct or indirect, and whether or not resulting from third party claims), including interest and penalties with respect thereto and out-of-pocket expenses, including reasonable attorneys’ fees and disbursements arising out of or resulting from any breach of the provisions of this NDA by Client or its Representatives, including unauthorized use or disclosure of the CI by Client or, as the case may be, its Representatives.
9. SEVERABILITY AND WAIVER. In the event that any one or more of the provisions of this NDA shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Moreover, if any one or more of the provisions contained in this NDA shall be held to be excessively broad as to duration, activity or subject, such provisions shall be construed by limiting and reducing them so as to be enforceable to the ma ximum extent allowed by applicable law. Furthermore, a determination in any jurisdiction that this NDA, in whole or in part, is invalid, illegal or unenforceable sha ll not in any way affect or impair the validity, legality or enforceability of this NDA in any other jurisdiction.
10. ASSIGNMENT. This NDA shall be binding upon and inure to the benefit of the Parties and their respective successors, assigns, personal rep resentatives, executors and administrators. Neither Party shall assign nor transfer any of its rights or obligations under this NDA to any third Party without the prior written consent of the other Party and any attempt to do so will be null and void, except that either Party may assign or transfer any of its rights or obligations to any of its Affiliates, or an acquirer of its controlling interest or substantially all its assets without consent of the other Party.
11. GOVERNING LAW AND JURISDICTION. The provisions in Section 1 6 of the Agreement will apply to this NDA.
Provider Initials _________ Client Initials _________