CITY OF MONTEBELLO
AMENDMENT NO. 3
TO PROFESSIONAL SERVICES AGREEMENT NO. 3869
WITH PMC PLUMBING, INC.
This Amendment No. 3 to the Professional Services Agreement (“Amendment
No. 3”), is made and entered into this 11th day of March 2026 , (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and PMC PLUMBING, INC. , (hereinafter referred to as the “Contractor”). The City and the Contractor are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".
RE
CITALS
W
HEREAS, the Contractor and the City entered into that certain Agreement N o. 3869 for On-Call Plumbing Services dated June 1, 2021 ("Agreement"), pursuant to which C
ity retained Contractor, as further described in the Agreement; and WHEREAS, the City entered into Amendments No. 1 and No. 2; WHEREAS, the City hereby desires to increase the not-to-exceed amount of this Professional Services Agreement;
WHEREAS, for the r easons se t forth herein, the City and Contractor desire to enter into this Amendment No. 3, as set forth below.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:
AM
ENDMENTS TO AGREEMENT NO. 3869
SECTION 1. “Services/Compensation.”
Section 1 “Services/Compensation” of the Agreement is hereby amended in its entirety a
s fo llows:
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 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”).
ATTACHMENT E
AMENDMENT NO. 2 TO AGREEMENT NO. 3869
C. The CONTRACTOR shall be compensated in an annual amount not-to-exceed Forty-Five Thousand ($45,000) (“Compensation”). For Fiscal Year 2025- 2026 only, CONTRACTOR shall be compensated in an annual amount not -to-exceed Sixty-Five Thousand ($65,000). Notwithstanding The VENDOR shall provide an itemized billing statement to the CITY for all provided Public Restrooms Walls and Floors Refurbishment.
The CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
S
ECTION 2. Except as expressly modified or supplemented by this Amendment No. 3, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 1, Amendment No. 2 , and Amendment No. 3 and the provisions of the Agreement, the provisions of this Amendment No. 3 shall control.
[E
ND OF AMENDMENT NO. 3]
I
N WITNESS WHEREOF, the Parties execute this Amendment No. 3 to take effect as of the Effective Date identified above.
(“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO PMC PLUMBING, INC.
Raul Alvarez, City Manager Corey Hoffert
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City
Attorney
PARK RESTROOM REMODEL COST SHEET
REGGIE PARK
Quantity
1 ACORN 1705-T-1-3 URINAL 4,095.00$ 4, 095.00$ 3 ACORN 2105-T-1.28 WALL TOILET 3,078.00$ 9, 234.00$ 2 ACORN 1652-1-BP-04 ADA SINK 1,126.00$ 2, 252.00$ 15,581.00$
Herreras Epoxy Coating Men's and Women's Restroom 22,920.00$ Toilet Partitions Experts Restrooms 4,718.00$
HOLLIFIELD PARK
Quantity
3 ACORN 1705-T-1-3 URINAL 4,095.00$ 12, 285.00$ ACORN 2105-T-1.28 WALL TOILET 3,078.00$ -$ 2 ACORN 1652-1-BP-04 ADA SINK 1,126.00$ 2, 252.00$ 14,537.00$
Herreras Epoxy Coating Men's and Women's Restroom 24,180.00$ Toilet Partitions Experts Restrooms 9,586.00$
GRANT REA PARK
Quantity
ACORN 1705-T-1-3 URINAL 4,095.00$ -$
4 ACORN 2105-T-1.28 WALL TOILET 3,078.00$ 12, 312.00$ 4 ACORN 1652-1-BP-04 ADA SINK 1,126.00$ 4, 504.00$ 16,816.00$
Herreras Epoxy Coating Men's and Women's Restroom 74,732.00$ Toilet Partitions Experts Restrooms (UPPER) 7,726.00$
Toilet Partitions Experts Restrooms (LOWER) 16,842.00$
TOTAL 24,568.00$
ATTACHMENT F
PARK RESTROOM REMODEL COST SHEET
ACUNA PARK
Quantity
1 ACORN 1705-T-1-3 URINAL 4,095.00$ 4,095. 00$ 3 ACORN 2105-T-1.28 WALL TOILET 3,078.00$ 9,234. 00$ 2 ACORN 1652-1-BP-04 ADA SINK 1,126.00$ 2,252. 00$ 15,581.00$
Herreras Epoxy Coating Men's and Women's Restroom 16,184.00$ Toilet Partitions Experts Restrooms 5,436.00$
ASHIYA PARK
Quantity
3 ACORN 1705-T-1-3 URINAL 4,095.00$ 12,285. 00$ 5 ACORN 2105-T-1.28 WALL TOILET 3,078.00$ 15,390. 00$ 2 ACORN 1652-1-BP-04 ADA SINK 1,126.00$ 2,252. 00$ 29,927.00$
Herreras Epoxy Coating Men's and Women's Restroom 19,628.00$ Toilet Partitions Experts Restrooms 9,586.00$
CITY PARK
Quantity
3 ACORN 1705-T-1-3 URINAL 4,095.00$ 12,285. 00$ 7 ACORN 2105-T-1.28 WALL TOILET 3,078.00$ 21,546. 00$ 2 ACORN 1652-1-BP-04 ADA SINK 1,126.00$ 2,252. 00$ 36,083.00$
Herreras Epoxy Coating Men's and Women's Restroom 37,072.00$ Toilet Partitions Experts Restrooms 12,186.00$
PARK RESTROOM REMODEL COST SHEET
POTRERO PARK
Quantity
1 ACORN 1705-T-1-3 URINAL 4,095.00$ 4,095. 00$ 3 ACORN R2141-T-3 FLOOR TOILET 1,970.27$ 5,910. 81$ 2 ACORN 1652-1-BP-04 ADA SINK 1,126.00$ 2,252. 00$ 12,257.81$
Herreras Epoxy Coating Men's and Women's Restroom 19,194.00$ Toilet Partitions Experts Restrooms 4,860.00$
SANCHEZ ADOBE
Quantity
1 ACORN 1705-T-1-3 URINAL 4,095.00$ 4,095. 00$ 5 ACORN R2141-T-3 FLOOR TOILET 1,970.27$ 9,851. 35$ 2 ACORN 1652-1-BP-04 ADA SINK 1,126.00$ 2,252. 00$ 16,198.35$
Herreras Epoxy Coating Men's and Women's Restroom 13,944.00$ Toilet Partitions Experts Restrooms 10,426.00$
TOTALS
ASTRO PLUMBING SUPPLY PENAL CODE TOTAL 156,981.16$
(NOTE FLUSH VALVES) 2,063.75$
TOTAL ASTRO PLUMBING SUPPLY 159,044.91$
TOTAL HERRERAS EPOXY COATING 227,854.00$
TOTAL PARTITIONS EXPERTS 81,366.00$
WOLVERINE METAL MESH REPAIR/REPLACEMENT $15,000
PMC PLUMBING REMOVAL/INSTALLATION $15,000
RESTROOM EPOXY,FIXTURES,PARTIONS TOTAL 498,264.91$
Contingency $56,735.09
TOTAL PROJECT COST 555,000.00$
ITEM # 8
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: ACCEPTANCE OF COMMUNITY CLEANUP AND EMPLOYMENT
PATHWAY (CCEP) GRANT PROGRAM FUNDS FROM THE
CALIFORNIA TRANSPORTATION DEPARTMENT (CALTRANS)
DATE: March 11, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Accept the Community Cleanup and Employment Pathway (CCEP) Grant Program by the California Transportation Department for $200,000; and
2. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $200,000 in Account No. 265-30-335-6040.10 (Grants, Public Works, Caltrans Community Cleanup-Employment Pathway, Contracts Services Outside Contracts [Expenditures]) and $200,000 in Account No. 265-99-4198.24 (Grants, Caltrans Community Cleanup-Employment Pathway [Revenue]); and
3. Authorize the City Manager to execute the agreement and all applicable forms; and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City of Montebello has been awarded $200,000 in funding from the California Department of Transportation (Caltrans) through the Community Cleanup and Employment Pathway (CCEP) Grant Program, a cornerstone initiative of the Clean California Program (Attachment A). This grant supports litter abatement, public space beautification, and workforce development opportunities for individuals facing barriers to employment.
Staff requests to amend the Fiscal Year 2025-26 budget by increasing appropriations by
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
$200,000 to Account Nos. 265-30-335-6040.10 (Grants, Public Works, Caltrans Community Cleanup-Employment Pathway, Contracts Services Outside Contracts [Expenditures]) and 265-99-4198.24 (Grants, Caltrans Community Cleanup-Employment Pathway [Revenue]) for the CCEP Grant Program. The funding will enable targeted cleanup efforts along Lincoln Avenue, from Avenida De La Merced to San Gabriel Boulevard, including litter removal, graffiti abatement, and community engagement and educational activities designed to encourage long-term maintenance and foster community pride. Services will be provided in partnership with the Los Angeles Conservation Corps (LACC), ensuring workforce training and career pathways for participants overcoming employment barriers.
BACKGROUND/DISCUSSION:
The CCEP Grant Program, administered by Caltrans under the Clean California Program, aims to enhance public spaces on locally owned rights-of-way while creating employment opportunities for underserved populations.
As part of the program, the City of Montebello’s project will focus on Lincoln Avenue between Avenida De La Merced and San Gabriel Boulevard. The City is collaborating with LACC, a local nonprofit, to provide services. This partnership not only supports workforce development but also strengthens community engagement, ensuring that cleanup and beautification efforts have a lasting impact.
The grant-funded activities include litter removal, graffiti abatement, and educational outreach, all designed to foster community pride and encourage residents to maintain clean and safe public spaces. The program emphasizes equity and inclusion, prioritizing support for disadvantaged populations, including individuals experiencing homelessness, while promoting pathways to community self-sufficiency.
Through this grant, the City of Montebello will invest directly in transformational programs that enhance public safety, beautify neighborhoods, and support sustainable green initiatives.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends the City Council accept the $200,000 Community Cleanup and Employment Pathway (CCEP) Grant award from the California Department of Transportation to support cleanup efforts along Lincoln Avenue between Avenida De La Merced and San Gabriel Boulevard (Attachment A). Staff further recommends amending the Fiscal Year 2025–26 budget to increase appropriations by $200,000 in Account Nos.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
265-30-335-6040.10 (Grants, Public Works, Caltrans Community Cleanup-Employment Pathway, Contracts Services Outside Contracts [Expenditures]) and 265-99-4198.24 (Grants, Caltrans Community Cleanup-Employment Pathway [Revenue]). Additionally, staff requests that the City Council authorize the City Manager to execute the agreement and all applicable forms on behalf of the City.
ATTACHMENT(S)
1. Attachment A - Clean California Local Grant Program Agreement
2. Attachment B - Clean CA Grant Program - Guidelines
3. Attachment C - RGA_CCEP_Checklist
C
ITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4480
FOR COMMUNITY CLEANUP AND EMPLOYMENT PATHWAY (CCEP) GRANT
PROGRAM WITH CALIFORNIA TRANSPORTATION DEPARTMENT (CALTRANS)
ATTACHMENT A
Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the CITY OF MONTEBELLO, hereinafter referred to as AGENCY, will commence on April 1, 2026, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.
AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on November 1, 2027.
Recitals
1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.
2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.
3. WHEREAS, the Clean CA Program, through its Clean CA Local Grants Program, is authorized under California Streets and Highways Code Section 91.41 to provide funding and resources to support local projects that advance the program's goals and objectives;
4. WHEREAS, California Streets and Highways Code Section 91.41 provides the legislative authority for the Clean CA Program to advance the following intent and objectives:
a. Reduce Waste and Beautify Public Spaces: The primary goal of the program is to allocate grants to local and regional public agencies, transit agencies, and tribal governments to reduce waste and debris within public rights-of-way, tribal lands, parks, pathways, transit centers, and other public spaces. The program aims to enhance, rehabilitate, restore, or install measures to beautify and improve these public spaces. b. Improve Public Health and Community Placemaking: The program seeks to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. By investing in the improvement of these spaces, it aims to create a positive and welcoming environment for the community. c. Promote Equity for Underserved Communities: The program places a strong emphasis on advancing equity for underserved communities.
d. Support Sustainable Practices: The program encourages the implementation of sustainable practices in the beautification and enhancement of public spaces. This includes greening efforts, such as providing shade and reducing the urban heat island effect, as well as using native, low-water plants.
e. Engage Local Communities: The program promotes community engagement by requiring project proposals to reflect community priorities. It encourages the involvement of local communities in the development and selection of projects to ensure they meet the needs and preferences of the affected population.
f. Prohibit Displacement of Persons Experiencing Homelessness: The program prohibits grants from funding projects that displace persons experiencing homelessness. This City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
reflects the intention to address public space improvements without negatively impacting vulnerable populations.
g. Transparent and Efficient Grant Allocation: The program requires the program to issue a call for projects and announce grant awards. The guidelines for allocating grants must include project selection criteria and program evaluation metrics.
5. WHEREAS, the purpose of this RGA is to authorize Caltrans districts to enter into agreements with local agencies to support the development, implementation, and funding of local agencies partnership projects that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;
6. WHEREAS, this RGA establishes a framework for Caltrans districts to provide financial contributions and other assistance to local agencies, fostering effective collaboration and coordination to deliver successful transit partnership projects;
7. WHEREAS, this RGA emphasizes transparency, objective evaluation, and fair allocation of resources, ensuring that projects scoring higher based on established criteria receive prioritization for funding and implementation;
8. WHEREAS, the Clean CA Program facilitates collaboration between Caltrans districts and local agencies to support litter abatement and public space beautification efforts on locally owned public right-of-way while creating workforce development opportunities for individuals facing barriers to employment that align with the goals and priorities of the Clean CA Program and comply with California Streets and Highways Code Section 91.41;
9. WHEREAS, the Clean CA Program, in partnership with Caltrans districts, seeks to enhance local right-of-way areas to address waste management challenges, graffiti mitigation, and public space beautification, thereby contributing to create cleaner, safer, and more equitable public spaces throughout California;
10. WHEREAS, the Clean CA Program, established by the State of California, is a transformative initiative which promotes sustainable transportation alternatives, reducing greenhouse gas emissions, and combatting climate change to improve the overall quality of life for residents and visitors of California;
11. WHEREAS, the Clean CA Program envisions a comprehensive approach to address transportation challenges, enhance transit infrastructure, and support local agencies in their efforts to create efficient, safe, and environmentally friendly transit options;
12. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties enter into this RGA to advance the purpose and intent of the Clean CA transit initiative, harnessing the legislative authority provided under California Streets and Highways Code Section 91.41, and collaborating on transit partnership projects that contribute to a sustainable, innovative, and well-connected transportation network throughout the State of California.
Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:
Section
I
AGENCY Agrees:
To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
Section ll
CALTRANS Agrees:
That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.
Section lII
It Is Mutually Agreed:
1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Program.
2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.
3. AGENCY shall perform all the duties and obligations described in Lincoln Avenue Cleanup from San Gabriel Boulevard to Avenida De La Merced, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.
4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.
5. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).
California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
6. Project funding is as follows:
Fund Title Fund Source Dollar Amount
Clean California Funds State General Fund (0001)
Budget Item 2660-130-0001
State Program Code
20.30.010.900
FY 2025/26
$200,000.00
$200,000.00
Total Project Costs $200,000.00
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.
Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified
7. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General : 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.
Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.
8. Notification of Parties
a. AGENCY’s Project Manager for Project is Cesar Roldan, (323) 887-1462. b. CALTRANS’ District Partnership Liaison is Shirin Parsa, (213) 503-1765. “District Partnership Liaison” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:
CITY OF MONTEBELLO
Attention: Cesar Roldan, Director of Public Works
Phone Number: (323) 887-1462
Email: [email protected]
1600 W. Beverly Blvd
Montebello, California 90640
California Department of Transportation, District Partnership Liaison District 7 /Clean California
Attention: Shirin Parsa, TE/Grant Manager
Phone Number: (213) 503-1765
Email: [email protected]
100 S. Main St.
Los Angeles, California 90012
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
9. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on April 1, 2026, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than November 1, 2027.
Project closeout and final invoicing to CALTRANS must be submitted no later than June 30, 2027. Work incurred after November 1, 2027, will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2027. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2027 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.
10. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.
11. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $200,000.00.
b. It is agreed and understood that the Clean CA funds are limited to the amount granted.
CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or below that fund limitation established herein.
12. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.
AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.
Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.
13. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.
In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2025/26 funds will be contingent upon the passage of the FY 2023/24 Budget. Payment for any work performed that is funded by FY 2023/24 will be delayed if the FY 2023/24 Budget is not signed by June 30, 2023. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS or offer an RGA Amendment to AGENCY to reflect reduced amount.
14. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients, shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III) . CALTRANS will
reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.
Also see website for summary of travel reimbursement rules.
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Partnership Liaison
g. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Partnership Liaison, as stated in Section III–Notification of Parties, Item 8c. h. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
i. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.
Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
j. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
k. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until June 30, 2027, to make final allowable payments to Project contractors or vendors, and November 1, 2027, to submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor.
l. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2027.
15. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Partnership Liaison to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
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Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
16. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.
17. Americans with Disabilities Act
By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).
18. Iran Contracting Act
AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.
19. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.
It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.
20. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract'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 discriminate unlawfully against any employee or applicant for employment because 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. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other
City of Montebello
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sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.
21. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.
22. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.
23. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS District Partnership Liaison unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.
Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS District Partnership Liaison. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors.
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
e. Prior authorization in writing by the CALTRANS District Partnership Liaison shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III–Payment and Invoicing, Item 14(h)(4), above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.
24. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.
25. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
26. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Partnership Liaison immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).
27. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process. b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
28. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-of- Way (“Artwork”) Created or Produced for Project
a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
29. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non- exclusive rights, and licenses to use, modify, reproduce, perform , release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipi ents to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.
30. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA.
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.
31. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-and- community-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA.
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way.
32. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.
33. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if AGENCY or its subcontractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY or its subcontractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. AGENCY shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS District Partnership Liaison
34. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Partnership Liaison no later than November 1, 2027.
CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Partnership Liaison. c. Payments shall be forfeit if invoices are submitted after November 1, 2027.
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
35. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.
36. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.
37. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:
I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.
38. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.
39. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.
Section IV
Attachments:
The following attachments are incorporated into and are made a part of this RGA by this reference and attached hereto.
I. Clean CA Community Cleanup and Employment Pathway (CCEP) Grant Program Guidelines II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:
City of Montebello
Agreement Number 07-CCEP-XX
AMS ADV ID: XXXXXXXXXX
CITY OF MONTEBELLO
By:
Printed Name:
Raul Alvarez
Title:
City Manager
Date:
CALTRANS DISTRICT PARTNERSHIP LIAISON
CLEAN CALIFORNIA PROGRAM
By:
Printed Name:
Shirin Parsa
Title:
Transportation Engineer/Grant Manager
Date:
CALIFORNIA DEPARTMENT OF TRANSPORTATION
CLEAN CALIFORNIA PROGRAM
By:
Printed Name:
Walter Yu
Title:
Clean California Program Director
Date:
Community Cleanup and
Employment Pathway Grants
PROGRAM GUIDELINES
Clean CA Program
Summer 2025
ATTACHMENT B
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
1 | Page
Contents
Introduction ............................................................................................................................................... 2 District Partnerships .................................................................................................................................. 3 Proposals .................................................................................................................................................... 4 Objectives .............................................................................................................................................. 4 Evaluation Criteria ............................................................................................................................... 4 Application Submissions ..................................................................................................................... 6 Outreach and Partnership .................................................................................................................... 6 Selection and Notification .................................................................................................................... 7 Schedule .................................................................................................................................................... 8 Funding Mechanism ............................................................................................................................... 8 Matching Funds / In-Kind Contributions ............................................................................................ 9 Funding Disbursement .......................................................................................................................... 10 Performance Metrics ............................................................................................................................ 10 Clean CA Roles/Responsibilities ........................................................................................................ 11 District Roles ............................................................................................................................................. 12 Grant Recipient Responsibilities ......................................................................................................... 14
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
2 | Page
Introduction
The Community Cleanup and Employment Pathway (CCEP) Grant Program is a signature initiative under the Clean California Program, administered by the California Department of Transportation (Caltrans). This grant program is designed to support litter abatement and public space beautification efforts on locally owned public right-of- way while creating workforce development opportunities for individuals facing barriers to employment.
Through competitive grants, the program provides funding to local agencies (including federally recognized tribal governments) to conduct targeted litter cleanup and graffiti removal activities, complemented by educational and engagement efforts that foster community pride and long-term maintenance. The program places strong emphasis on serving disadvantaged and underserved communities (as identified in Section 4.1 of grant application template) and encourages local commitment through participation in the Clean California Community designation pledge
1. A core component of this program is the creation of employment pathways through partnerships with workforce development organizations or use of existing employment development departments. These partnerships will connect justice- impacted individuals, those experiencing homelessness, at-risk youth, and others with meaningful job training and paid transitional employment opportunities focused on litter abatement, landscaping, and environmental stewardship.
Program Objectives
• Litter and Graffiti Abatement: Support sustained litter cleanup and graffiti removal on local right-of-way.
• Workforce Development: Create transitional employment and training opportunities for vulnerable populations either through partnerships with workforce development organizations or use of existing employment development departments.
• Equity and Inclusion: Prioritize disadvantaged communities and support pathways to community self-sufficiency.
• Sustainable Community Engagement: Promote public education and anti- littering campaigns. Take the online Clean California Community designation pledge to ensure sustainability and long-term impact.
By integrating cleanup, workforce development, and community engagement, the CCEP Grant Program seeks to create cleaner, safer, and more equitable public spaces throughout California.
1 https://cleanca.com/designation/
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
3 | Page
Eligible Entities
For the purposes of the CCEP Grant Program, eligible entities will be defined as:
• Local Governments – Cities, counties, and special districts responsible for community services and maintenance.
• Transit Agencies – Public transportation agencies with jurisdiction over facilities or right-of-way that intersect with cleanup needs.
• Tribal Governments – Federally recognized tribes.
• Joint Applications – Partnerships among the above entities, including collaborations with community-based organizations, workforce development boards, educational institutions, or local nonprofits, are encouraged and eligible.
Eligible Expenses
Eligible expenses may include, but are not limited to:
• Staff Time: Local agency staff time directly related to proposal delivery is eligible.
This includes staff time for developing and administering contracts, program management, and coordination with community-based organizations.
• Travel Costs: Reasonable and necessary travel costs that are directly related to proposal implementation (e.g., site visits, stakeholder engagement, workforce coordination) are eligible.
• Materials and Supplies: Tools, equipment, safety gear, and cleanup supplies needed for community cleanup activities.
• Workforce Development Costs: Training, certification, stipends, or wages directly tied to workforce development opportunities for program participants.
• Public Outreach and Education: Costs related to promoting cleanup events, workforce opportunities, and community engagement.
Caltrans District Partnerships
The Caltrans districts possess in-depth knowledge of the local context and unique challenges, making them invaluable enablers to support grant applicants in proposal identification, development, and implementation processes. They are encouraged to foster strong partnerships with local agencies to ensure seamless coordination and efficient proposal delivery. By leveraging their expertise and collaborating closely with stakeholders, districts can support local agencies in effectively address challenges related to waste management, graffiti, and aesthetic appeal in urban areas, ultimately beautifying public spaces within their districts.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
4 | Page
Proposals
Objectives
The grant proposal is the foundation for securing funding under the CCEP Grant Program. The proposal must demonstrate how the applicant will use grant funding to meet the program’s core objectives through locally led, community-driven efforts.
Proposals should clearly articulate the public benefit of the proposed activities, particularly in disadvantaged or underserved communities.
Applicants are expected to:
• Identify litter abatement and graffiti removal needs in specific areas of local right-of-way.
• Detail a plan for workforce development, including partnerships with workforce organizations and strategies for engaging vulnerable populations. • Commit to community engagement strategies and educational outreach that promote long-term cleanliness and civic pride.
• Demonstrate alignment with the Clean California Community designation pledge. The pledge is not required to apply for or receive funding. • Provide a sustainable approach to maintaining the public space improvements achieved through the grant.
Each proposal must be comprehensive, feasible, and results-driven, ensuring that awarded funding leads to measurable environmental, social, and economic impacts in the applicant's community.
Evaluation Criteria
Applications will be submitted by local agencies to their respective Caltrans district coordinators, then evaluated and scored competitively by the Clean CA Program based on the criteria listed below. Applications that score highest across these categories will be prioritized for funding.
1. Community Need and Impact (15 points)
• Demonstrates a clear need for litter abatement and graffiti removal, including information such as description of the history of the area, prior efforts to address the issues and how this grant will make a difference.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
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• Identifies underserved or disadvantaged areas where the proposal will be implemented.
• Outlines benefits to public health, safety, environmental quality, and community aesthetics.
2. Workforce Development Strategy (15 points)
• Includes a detailed plan for engaging and employing vulnerable populations. • Establishes partnerships with workforce development organizations (e.g., BCOE Back 2 Work, Center for Employment Opportunities (CEO), Chrysalis or similar) or leverage existing employment departments.
• Provides evidence of transitional employment (as measured by participants who are able to find long-term employment), training, and pathways to long-term job placement.
3. Community Engagement and Education (15 points)
• Describes plans for community input, public education, and volunteer participation.
• Commits to youth education, anti-littering outreach, or (encouraged but not mandatory) participation in the Clean California Community designation program.
4. Long-Term Sustainability and Maintenance (15 points) • Outlines a long-term plan to fund the maintenance of cleaned and beautified spaces.
• Includes partnerships, volunteer programs, or recurring community events in alignment with the Clean CA community designation pledge. • Describes infrastructure or policy measures to prevent future littering.
5. Clean California Community Designation Pledge (10 points) • Applicant has taken or plans to take the Clean California Community pledge. • Demonstrates commitment to meeting at least 10 of the 15 designation criteria.
6. Proposal Feasibility and Readiness (10 points)
• Provides a detailed implementation schedule.
• Demonstrates capacity to manage the proposal, including procurement, reporting, and oversight.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
6 | Page
7. Matching Funds and Leveraged Resources (10 points)
• Describes how matching funds (cash or in-kind) will support and expand proposal activities.
• Ensures that match contributions are additive and not part of existing baseline cleanup operations.
8. Disadvantaged or Under-served Community (10 points)
Applicants will be required to include supporting documentation (e.g., CalEnviroScreen map outputs, local demographic data, or letters from community organizations) to demonstrate that the proposed project serves a disadvantaged or under-served community. The following criteria will be recognized as indicators of disadvantaged or under-served communities (see grant proposal template for details):
• Median Household Income
• CalEnviroScreen 4.0
• Free or Reduced-Price School Meals
• Healthy Places Index
• Native American Tribal Lands
Application Submissions
• The Clean CA grant program proposal template must be used for submitting the proposal. Ensure that all sections of the template are completed comprehensively and provide sufficient detail to support the evaluation and decision-making process.
• Local agencies, in collaboration with districts, complete the template and submit comprehensive proposals.
• Each proposal submitted for consideration must include a letter of support from the Caltrans district that is submitting the proposal. The letter of support should demonstrate the district's endorsement to the proposal. It will serve as evidence of the district's collaboration and partnership with local agencies, ensuring seamless coordination and efficient proposal delivery. The inclusion of the letter will help validate the proposal's feasibility and foster confidence in the successful implementation of the proposal.
Outreach and Partnership
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
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District-Level Engagement
• Caltrans district staff will serve as on-the-ground liaisons to promote the program locally, identify high-need areas, and encourage eligible applicants to submit proposals.
• District coordinators will collaborate with grant applicants to build partnerships aligned with the program’s objectives.
Encouraging Clean California Community Pledges
• As part of the outreach effort, Caltrans will actively promote the Clean California Community designation pledge, encouraging applicants to take the pledge during the grant application process.
• The Clean CA Program to provide technical assistance as needed to help communities understand the benefits of designation and complete the pledge requirements.
Through strategic outreach and strong partnerships, Caltrans will ensure that the grant program reaches a diverse range of communities and delivers equitable opportunities to participate in the Clean California mission.
Selection and Notification
1. Proposal Review and Evaluation:
o Clean CA Program reviews all proposals against qualitative evaluation criteria outlined in the guidelines.
o Proposals are assessed for alignment with waste management, graffiti mitigation, aesthetics and equity objectives.
2. Proposal Selection:
o Clean CA Program selects proposals based on evaluation results and criteria alignment. High-priority proposals that benefit underserved communities are prioritized.
3. Proposal Award Notification:
o Clean CA Program notifies Caltrans districts of the selected proposals by email.
Districts inform the corresponding local agencies about their grant award.
Debriefs will be provided upon request to applicants who were not awarded a grant.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
8 | Page
Schedule
Milestone Date
Program Launch & Public Outreach Begins July 1, 2025
Grant Guidelines Finalized & Published August 15, 2025
Call for Proposals Opens September 15, 2025
Proposal Submission Deadline November 3, 2025
Application Review and Scoring November–December
2025
Award Notifications Issued January 15, 2026
Grant Agreements Executed February–March 2026
Proposal Implementation Period Begins April 1, 2026
Quarterly Progress Check-In (Reporting
Due)
April 2026-April 2027
Proposal Implementation Period Ends April 1, 2027
Final Reports and Closeout Due November 1, 2027
Funding Mechanism
The funding mechanism for the CCEP proposals involves a restricted grant agreement (RGA) between the Caltrans district and the grant recipient (local agency, including federally recognized tribe) which is a legal mechanism that outlines the terms and conditions of the financial commitments for the awarded grant funding . It serves as a formal contract that establishes the roles and responsibilities of each party in the CCEP proposal.
The agreement includes the following elements:
• Proposal Scope: The RGA defines the scope of the proposal, detailing the specific improvements and enhancements to be undertaken within the local right-of-way.
• Funding Commitment: It outlines the financial contributions, specifying the amount that Caltrans will provide for the proposal and any in-kind contribution from the grant applicant.
• Timeline and Milestones: The agreement sets forth a clear timeline for proposal development, implementation, , and completion, including key milestones to be achieved during each phase.
• Roles and Responsibilities: It outlines the roles and responsibilities of the Caltrans district and the local agency in the proposal's execution, ensuring seamless coordination and cooperation.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
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• Compliance and Reporting: The RGA may include requirements for compliance with relevant regulations, reporting on proposal progress, and any necessary documentation and record-keeping.
• Dispute Resolution: In the event of any disputes or disagreements, the RGA may outline a mechanism for resolving issues between the Caltrans district and the local agency.
Matching Funds / In-Kind Contributions
The CCEP Grant Program is designed to reduce financial barriers for local agencies, nonprofits, and community-based organizations. As such, no cash match requirement is imposed on applicants. However, applicants are encouraged to identify and document in-kind contributions and other non-state resources that will help maximize the impact of state funds.
Eligible In-Kind Contributions may include:
• Staff time dedicated to project planning, implementation, or coordination. • Volunteer labor associated with cleanup events, outreach, or community engagement.
• Donated materials or equipment used directly in cleanup or beautification activities.
• Facilities and meeting space contributed for trainings, workforce activities, or project planning.
• Complementary programs or services provided by partner agencies or organizations that directly support grant objectives.
Program Expectations:
• In-kind contributions are not required to apply for or receive funding. • Applicants who provide in-kind support should quantify contributions where possible (e.g., estimated dollar value of staff time, equipment, or materials). • In-kind contributions will be considered during proposal evaluation as evidence of community commitment, partnership strength, and project sustainability. • Documentation of in-kind contributions should be included in the proposal budget narrative at the time of application and reported during proposal implementation.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
10 | Page
Funding Disbursement
Grant awards will be issued as reimbursable agreements, not lump sum payments. • Reimbursable Basis: Grantees will be required to incur and document eligible expenses up front. Caltrans will then reimburse those expenses upon submission of proper invoices and supporting documentation.
• Invoicing: Invoices must include receipts, staff time records, or other documentation demonstrating that expenses are consistent with approved Caltrans Division of Local Assistance guidelines/template (Form LAP 5-A). • Payment Timeline: Reimbursements will generally be processed within 45 days of receipt of a complete and accurate invoice package.
• Advance Payments: No advance or upfront lump sum disbursements will be provided under this program.
Performance Metrics
To ensure accountability and evaluate success, all grantees are required to track and report on key performance metrics aligned with the program’s goals. These metrics will be tracked by grantees on templates provided by Caltrans to help measure the environmental, economic, and social impact of funded activities.
Environmental Impact Metrics
• Volume of litter and debris removed (in cubic yards or pounds with supporting documentation, e.g. weight/dump tickets and before/after photos) • Square footage of graffiti abated (before/after photos) • Number of litter cleanup events conducted (event attendance sheets and/or event flyers)
• Number of hard-to-recycle or bulky item collection events held (event attendance sheets and/or event flyers)
Workforce Development Metrics
• Number of individuals employed through workforce programs (with supporting documentation of individuals/crews employed, e.g. payroll logs)
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
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• Hours of paid work experience and job training provided (with supporting documentation of individuals paid and training provided, e.g. payroll logs) • Demographics of workforce participants (e.g., justice-involved, unhoused, at-risk youth)
• Number and percentage of participants securing long-term employment post- program
Community Engagement Metrics
• Number of community volunteers engaged (attendance sheets) • Number of public outreach events or education campaigns implemented (event flyers / attendance sheets)
• Clean California Community pledge status and progress toward meeting designation criteria
• Number of community partnerships established (e.g., schools, businesses, nonprofits)
Sustainability and Maintenance Metrics
• Number of anti-litter infrastructure elements installed (e.g., bins, signage with supporting documentation, e.g. before/after photos)
• Planned frequency of cleanup and maintenance activities post-grant implementation
• Plan for ongoing community stewardship and long-term litter prevention practices post-grant implementation
Grantees will submit quarterly progress reports and a final close-out report at the end of the implementation period. These reports will summarize accomplishments, challenges, lessons learned, and include supporting documentation such as photographs, volunteer logs, and workforce data.
Clean CA Roles/Responsibilities
• Program Management: Responsible for overall program management and coordination of CCEP proposals statewide. Ensure that proposals align with the CalSTA objectives on climate action and meet the program's guidelines and priorities.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
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• Proposal Selection: Select proposals based on factors such as recognizing underserved communities, high litter areas known challenges for waste management, graffiti, and lack of aesthetic appeal in urbanized districts and local agencies which align with CCEP Program objectives.
• Proposal Oversight: Provide oversight and guidance throughout the proposal lifecycle. Review proposals, assess their feasibility and alignment with program objectives, and ensure that the proposals adhere to the guidelines and timelines.
• Technical Assistance: Provide technical assistance to grant applicants and recipients during the proposal planning and implementation phases. Provide expertise and support in areas such as graffiti abatement, employment pathways, litter abatement, beautification, , and climate action.
• Budget Management: Responsible for overseeing the allocation and management of funds for CCEP proposals. Ensure that budgetary requirements are met and that funds are appropriately allocated to prioritize high-visibility proposals with an urgency to be delivered within their respective districts.
• Monitoring and Evaluation: Monitor proposal progress, track milestones, and evaluate the effectiveness of implemented enhancements. Assess the impact of CCEP proposals on improving waste management practices, reducing graffiti, and enhancing the aesthetic appeal of local areas .
• Quarterly Reporting and Documentation: Maintain accurate records of proposal activities, including proposals, RGAs, progress reports, and proposal outcomes.
Prepare periodic reports to communicate proposal status, achievements, and challenges to Caltrans leadership.
District Roles
Partnership Identification
• Stakeholder Engagement: Engage with local stakeholders, such as city officials, local agency representatives, community organizations, and advocacy groups, to foster partnerships and collaborations.
Project Management and Oversight
• Project Implementation: Monitor and facilitate the implementation of proposals according to the defined scope of work, schedule, and milestones.
• Communication and Coordination: Maintain regular communication and coordination with partner organizations to address any issues, provide guidance, and track progress.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
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• Performance Evaluation: Conduct periodic evaluations to assess project performance, identify any necessary adjustments, and ensure adherence to objectives and quality standards.
Reporting and Documentation
• Progress Updates: Maintain regular communication with the Clean CA Program on project status, achievements, challenges, and any adjustments made to the scope of work or schedule.
• Documentation Retention: Ensure proper documentation of all agreements, communication records, project plans, and reports for record-keeping and future reference.
• Performance Monitoring: Monitor the progress and performance of projects to ensure the allocated funds are being effectively utilized.
• Reporting: Require regular reporting from local/transit agencies on the implementation and outcomes of the funded projects, including progress updates and evaluation results.
• Data Collection: Coordinate with partners to collect relevant project data, metrics, and deliverables.
Invoice Verification (Reimbursement)
• Ensure Compliance with RGA: Confirm that submitted invoices align with the terms and conditions outlined in the RGA.
• Validate Eligible Expenditures: Review costs to ensure they are allowable under program guidelines, e.g., litter abatement, beautification, and employment pathway activities.
• Confirm Completion of Work: Verify that the work claimed in the invoice has been completed as described, including site visits or photographic documentation if required.
• Check Supporting Documentation: Ensure that all required backup materials (e.g., receipts, timesheets, contractor invoices) are included and accurate.
• Monitor Project Progress: Track milestones and deliverables to confirm that the project is on schedule and consistent with the approved scope.
• Coordinate with Local Agencies: Communicate with grantees to resolve discrepancies, request missing documentation, or clarify unclear charges.
Clean CA Program
Community Cleanup and Employment Pathway Grant Program Guidelines
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• Approve for Reimbursement: Once verified, inform the Clean California Program to proceed with payment processing by Caltrans Accounting.
• Report and Escalate Issues: Flag any non-compliance, ineligible costs, or incomplete work for further review and potential corrective action.
Project Close-out Verification
• Review Final Deliverables: Confirm that all project components were completed as outlined in the original grant scope and agreement.
• Verify Documentation Accuracy: Ensure the closeout report includes complete and accurate records, e.g. before/after photos, receipts, payroll logs, and performance metrics.
• Confirm Use of Funds: Check that all expenditures align with approved budget categories and Clean CA eligibility requirements.
• Assess Community Impact: Evaluate whether the project met its stated goals (e.g., litter reduction, beautification, job creation) and delivered measurable benefits.
Stakeholder Engagement
• Community Outreach: Engage with local communities to provide updates on project progress, gather feedback, and address any concerns or inquiries related to the urbanized transit projects.
• Public Awareness: Promote the projects and their benefits to raise public awareness of their benefits, climate action goals, and improvements in active transportation, micro-mobility, and transit station aesthetics.
Grant Recipient Responsibilities
RGA Development
• Scope of Work: Collaborate with Caltrans district coordinator to define the scope of work for each proposal, including the specific activities, objectives, and desired outcomes.
• Schedule and Milestones: Work with Caltrans district coordinator to establish a comprehensive schedule with realistic milestones to ensure completion of all proposals. The schedule should consider proposal complexity, resource availability, and potential challenges that may arise during implementation.
• Resource Planning: Determine the necessary resources, including funding, personnel, equipment, and materials, required to execute the proposals successfully.
Clean CA Program
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• Legal and Administrative Considerations: Ensure that all RGAs and cooperative agreements comply with Caltrans legal requirements and administrative procedures.
Proposal Management and Oversight
• Proposal Implementation: Monitor and facilitate the implementation of proposals according to the defined scope of work, schedule, and milestones.
• Communication and Coordination: Maintain regular communication and coordination with Caltrans district coordinator to address any issues, provide guidance, and track progress.
• Performance Evaluation: Conduct periodic evaluations to assess proposal performance, identify any necessary adjustments, and ensure adherence to objectives and quality standards.
Reporting and Documentation
• Progress Updates: Maintain regular communication with the Caltrans district coordinator and Clean CA Program on proposal status, achievements, challenges, and any adjustments made to the scope of work or schedule.
• Documentation Retention: Ensure proper documentation of all agreements, communication records, proposal plans, and reports for record-keeping and future reference.
• Performance Monitoring: Monitor the progress and performance of proposals to ensure the allocated funds are being effectively utilized.
• Quarterly Reporting: Complete quarterly reporting on the implementation and outcomes of the funded proposals, including progress updates and evaluation results.
• Data Collection: Collect relevant proposal data, metrics, and deliverables.
Final Vouchering and Project Close-out
• Submit Final Documentation: Provide a comprehensive close-out report detailing completed work, expenditures, and outcomes.
• Include Proof of Completion: Attach visual evidence (e.g., before/after photos), final deliverables, and any required certifications to demonstrate project completion.
• Provide Financial Reconciliation: Submit a final invoice with itemized costs and supporting documentation to reconcile total grant expenditures.
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• Address Scope and Budget Alignment: Confirm that all activities and costs align with the approved project scope and budget in the RGA.
• Respond to Caltrans Requests: Be prepared to clarify, revise, or supplement the report if requested by Caltrans District Coordinators.
• Submit Final Voucher Request: Package the close-out report with the final payment request for review and approval by Caltrans.
Stakeholder Engagement
• Community Outreach: Engage with local communities to provide updates on proposal progress, gather feedback, and address any concerns or inquiries related to the urbanized CCEP proposals.
• Public Awareness: Promote the proposals and their benefits to raise public awareness of their benefits, climate action goals, and improvements in graffiti abatement, employment pathways, litter abatement , and local area aesthetics.
In addition, applicants are encouraged to include:
• Community education campaigns that highlight the impacts of litter, encourage behavior change, and promote responsible waste disposal.
• Engagement strategies such as school partnerships, volunteer events, and youth training that build long-term stewardship.
• Collaboration with local businesses to reduce litter at the source (e.g., convenience stores, fast food outlets, or transit hubs).
Clean California CCEP Program
Restricted Grant Agreement Package Checklist
Complete Restricted Grant Agreement (RGA) packages shall be submitted through email to the Caltrans District CC Grant Coordinator. Documents listed below for Agencies submittal are to be in pdf format. It is recommended that each document be submitted as a one PDF containing all documents. Submittal will all be via email, no mailed copies of the RGA will be accepted.
The Final RGA Executed packages, once executed by Caltrans, will be returned to Agency and will include the following;
• Fully Executed RGA’s signed by both the Agency and Caltrans • CCEP Guidelines
• Approved Indirect Cost Rate (if applicable)
• Approved Grant Proposal Application
District: ______
Agency Name: ______________________________________
Project Name:
___________________________________________________________________________ Agency shall submit to Caltrans District CC Grant Coordinator the following:
• RGA’s signed by agency authorized signatory
• Approved Indirect Cost Rate (if applicable)
• Grant Application signed by agency authorized signatory • Completed RGA Checklist
Directions:
Awardee shall complete the following checklist. Once checklist is complete, the document shall be flattened prior to submittal to the Caltrans District CC Grant Coordinator as part of the signed RGA package.
ATTACHMENT C
1. All Restricted Grant Agreement packages must include a completed Payee Data Record (STD 204) prior to grant agreement execution, to be submitted via email to [email protected]. Have you submitted the Payee Data Record (STD 204) and cc'd your District CC Grant Coordinator? Yes
N/A-one is on file already
2. If seeking reimbursement for indirect costs attach the approved Indirect Cost Rate sheet prior to grant agreement execution. Have you attached the approved indirect cost rate sheet?
Yes N/A
3. Is Agency seeking for reimbursement payments to be electronically transferred directly to the Agency’s designated banking account using an electronic funds transfer? If yes, have you submitted the Electronic Funds Transfer (EFT) Enrollment Form FA 2656 to Caltrans' Division of Accounting?
Yes N/A
4. Has Agency attached the Grant Application, including all applicable amended documents and attachments, and signed by the individual identified as the Agency legal authority?
Yes
5. All Restricted Grant Agreement packages must include this RGA Checklist. Have you completed this RGA checklist?
Yes
___ ___________________________________ ________________________ _______ Local Agency Contact Name Local Agency Signature Date District CC Grant Coordinator Name: _________________________ ___________Date:
To Be Completed by Caltrans District CC Grant Coordinator I, the Catrans District CC Grant Coordinator for the above referenced project, have reviewed the submitted RGA package from the Agency. I have confirmed all items identified for submittal to CC Managers listed above are complete and have been submitted.
Yes
ITEM # 9
APPROVAL OF PROCLAMATION: NATIONAL NUTRITION MONTH
PROCLAMATION
PROCLAIMING MARCH 2026 AS NATIONAL NUTRITION MONTH
WHEREAS, the month of March is recognized each year as National Nutrition Month, an annual campaign created by the Academy of Nutrition and Dietetics to promote the importance of making informed food choices and developing sound eating and physical activity habits; and WHEREAS, proper nutrition plays a vital role in supporting overall health, strengthening immune systems, improving quality of life, and reducing the risk of chronic diseases; and WHEREAS, healthy eating patterns combined with regular physical activity help individuals of all ages maintain a balanced lifestyle and support long-term wellness; and WHEREAS, registered dietitians, nutrition professionals, healthcare providers, educators, and community organizations work diligently to provide residents with reliable information and resources that encourage healthy eating and active living; and WHEREAS, the City of Montebello is committed to supporting the health and well-being of its residents by promoting access to nutritious foods, encouraging healthy lifestyles, and fostering community programs that support wellness for families, children, and seniors; and WHEREAS, National Nutrition Month provides an opportunity for residents to learn about the benefits of healthy food choices, understand the importance of balanced meals, and explore ways to incorporate nutritious foods into their daily lives; NOW THEREFORE, the City Council of the City of Montebello hereby proclaims the month of March as National Nutrition Month in the City of Montebello and encourages all residents to take steps toward healthier lifestyles by making informed food choices and incorporating regular physical activity into their daily routines.
Georgina Tamayo
Mayor
March 11, 2026
ITEM # 10
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 4193 WITH
PACIFIC COAST ELEVATOR CORPORATION FOR ELEVATOR
MAINTENANCE AND REPAIR SERVICES
DATE: March 11, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 4193 between the City of Montebello and Pacific Coast Elevator Corporation, doing business as, Amtech Elevator Services to increase compensation for contract year 2025 – 2026 by $47,446; and
2. Authorize the City Manager to execute the Amendment on behalf of the City; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Amtech Elevator Services provides citywide elevator maintenance and repair services to ensure the safe and reliable operation of all City facilities. On January 14, 2026, staff presented to City Council Amendment No. 1, increasing the Fiscal Year 2025–26 not-to- exceed amount to $230,694 to serve as contingency for emergency repairs. Staff is now requesting an additional $47,446 to increase the not-to-exceed amount to $278,140 for Fiscal Year 2025–26, to cover emergency repair services for the elevator located at the Senior Center. The continued operation of this elevator is critical to maintaining Americans with Disabilities Act (ADA) accessibility and ensuring that seniors and individuals with mobility limitations have safe and equitable access to programs, services, and facility amenities. Prompt repairs are necessary to prevent service disruptions and to remain compliant with accessibility requirements.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
Execution of Amendment No. 2 (Attachment A) will authorize additional compensation to facilitate a one-time emergency repair of the elevator at the Senior Center, ensuring continued safe and ADA-accessible access to the facility. The agreement is administered by the Department of Public Works and funded through the Public Works Building Maintenance budget.
Sufficient funding is included in the Fiscal Year 2025–26 budget. The Senior Center emergency repair in the amount of $47,446 will be funded through Account No. 221-70- 721-6040.60 (Measure A, Parks & Recreation, Maintenance and Servicing Account:
Contract Services - Building Maintenance/Repairs). The recommended actions do not require a budget amendment.
BACKGROUND/DISCUSSION:
On May 8, 2024, the City entered into an agreement with Pacific Coast Elevator Corporation, doing business as Amtech Elevator Services, to provide citywide elevator maintenance and repair services in an amount not-to-exceed $200,694. These services are essential to ensuring compliance with the Americans with Disabilities Act (ADA) and maintaining safe, efficient, and reliable vertical transportation at City facilities. On January 14, 2026, staff returned to the City Council to increase the agreement's not-to-exceed amount to $230,694 to establish contingency funding for emergency repairs.
During the first year of the agreement, unforeseen emergency repairs were necessary to address urgent operational and safety issues at the Senior Center. To ensure users of the facility can continue accessing essential services, programs, and amenities at the Senior Center, staff is requesting an additional $47,446 to complete a one-time emergency elevator repair.
To accommodate this additional service, staff recommends approval of Amendment No. 2 to increase the contract amount by $47,446 for Fiscal Year 2025–26, resulting in a revised total not-to-exceed amount of $278,140.
Amtech Elevator Services has demonstrated extensive knowledge, expertise, and responsiveness in providing elevator maintenance and repair services. Their prompt attention to emergency service calls has enabled City elevators to remain operational with minimal service disruption, thereby supporting public access and continuity of operations across City facilities.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
SUMMARY:
Staff recommends approving Amendment No. 2 to Agreement No. 4193 to increase the not-to-exceed amount by $47,446, for a revised total of $278,140 for Fiscal Year 2025–
26. The additional funds will cover a one-time emergency repair of the elevator at the Senior Centers. Sufficient funding is included in the Fiscal Year 2025-26 operating budget, therefore no budget amendment will be required. The one-time emergency repair will be funded through Account No. 221-70-721-6040.60 (Measure A, Parks & Recreation, Maintenance & Servicing Account - Contract Services - Building Maintenance/Repairs). Staff also recommends the City Council authorize the City Manager to execute Amendment No. 2 on the City’s behalf.
ATTACHMENT(S)
1. Attachment A - Agr. No. 4193 - Amtech Elevator Services - Amendment No. 2
2. Attachment B - Agr No. 4193 - Amtech Elevator Services - Amendment No. 1
3. Attachment C - Agreement No. 4193
CITY OF MONTEBELLO
AM
ENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 4193
WITH AMTECH ELEVATOR SERVICES
T
his Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2 ” ), is made and entered into this 11 day of March 2026, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and Pacific Coast Elevator Corporation doing business as (“ DBA”) Amtech Elevator Services, (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".
RE
CITALS
W
HEREAS, the Consultant and the City entered into an agreement with Pacific Coast Elevator Corporation DBA Amtech Elevator Services for Citywide elevator maintenance and repair services dated May 8, 2024 ("Agreement”); and W
HEREAS, on January 14, 2026, the Parties entered into Amendment No. 1 to the Agreement solely for the purpose of increasing the total not -to-exceed amount from $200,694 to $230,694.
W
HEREAS, additional funds are now needed to cover a one- time emergency repair of the elevator at the Senior Center to prevent the disruption of critical services to Montebello residents; and
W
HEREAS, under Section 2c of the Agreement . SERVICES/COMPENSATION, the Consultant may exceed the maximum compensation with prior written consent of the City; and
W
HEREAS, under Section 6 of the Agreement . EXTRA SERVICES , of the Agreement, any extra services over and above the compensation need to be duly authorized in writing by the City Manager; and
W
HEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 2, as set forth below.
NO
W THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:
AM
ENDMENT
S
ECTION 1. RECITALS. The foregoing recitals are true and correct, and incorporated by the Parties as a substantive part of this Amendment No. 2.
Attachment A
AMENDMENT NO. 2 TO AGREEMENT NO. 4193
SECTION 2. SERVICES/COMPENSATION. Through this Amendment No. 2, the Parties hereby agree to increase the total not-to-exceed compensation amount from two hundred and thirty thousand six hundred and ninety-four dollars ($230,694.00) to two hundred and seventy-eight thousand one hundred and forty dollars ($278,140.00).
SE
CTION 3. INCORPORATION OF REMAINING TERMS. Except as expressly modified or supplemented by this Amendment No. 2, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control.
[END O
F AMENDMENT NO. 2 ]
[SIGN
ATURES ON THE FOLLOWING PAGES]
AMENDMENT NO. 2 TO AGREEMENT NO. 4193
IN W
ITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO PACIFIC COAST ELEVATOR
CORPORATION
DBA AMTECH ELEVATOR SERVICES
Raul Alvarez, City Manager Kasie Lambert, Branch Manager ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 4193
WITH AMTECH ELEVAOR SERVICES
This Amendment No. 1 to the Professional Services Agreement (“Amendment No. 1 ”), is made and entered into this 14 th day of January 2026, (“Effective Date”) by and between the City of Montebello, a California municipal corporation, (hereinafter referred to as the “City”) and Amtech Elevator Services, (hereinafter referred to as the “Consultant”). The City and the Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".
RECITALS
WHEREAS, the Consultant and the City entered into an agreement with Pacific Coast Elevator Corporation, doing business as, Amtech Elevator Services for Citywide elevator maintenance and repair services dated May 8, 2024 ("Agreement”); and WHEREAS, the City awarded the Agreement to the Consultant based on their qualification, subsequent to a competitive selection process. However, the services needed, including costs and expenses, exceeded the anticipated scope of the Agreement, and City and Consultant desire to increase the maximum compensation allowable under the Agreement; and
WHEREAS, under Section 2c. SERVICES/COMPENSATION , Consultant may exceed the maximum compensation with prior written consent of the City; and WHEREAS, under Section 6. EXTRA SERVICES, of the Agreement, any extra services over and above the compensation need to be duly authorized in writing by the City Manager; and
WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:
AMENDMENTS
SECTION 1. Section 2(c) of the Agreement Services/Compensation imposes the total not-to-exceed compensation amount of $200,694. The total not-to-exceed compensation amount is hereby amended to $230,694.
Attachment B
AMENDMENT NO. 1 TO AGREEMENT NO. 4193
SECTION 2. Except as expressly modified or supplemented by this Amendment No.1, all other provisions of the Agreement, shall remain unaltered and in full force and effect.
In the event of conflict between the provisions of this Amendment No.1 and the provisions of the Agreement, the provisions of this Amendment No.1 shall control.
[END OF AMENDMENT NO. 1]
[SIGNATURES ON THE FOLLOWING PAGES]
AMENDMENT NO. 1 TO AGREEMENT NO. 4193
IN WITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO AMTECH ELEVATOR SERVICES
Kasie Lambert
Raul Alvarez (Feb 4, 2026 15:02:11 PST)
Kasie Lambert (Feb 4, 2026 07:58:59 PST)
Raul Alvarez, City Manager Kasie Lambert, Branch Manager
ATTEST:
Christopher Jimenez (Feb 4, 2026 17:11:58 PST)
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman
Arnold M. Alvarez -Glasman (Feb 4, 2026 16:54:45 PST)
Arnold M. Alvarez-Glasman, City Attorney
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
11/03/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
MARSH USA, LLC.
20 CHURCH STREET, 8TH FLOOR
HARTFORD, CT 06103
CN103059650-Otis-STAND-25-26
CONTACT . NAME:
PHONE (A/C, No, Ext):
FAX
(A/C, No): E-MAIL [email protected] ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : National Union Fire Insurance Co. Of Pittsburgh, PA 19445
INSURED
Pacific Coast Elevator Corporation
3041 Roswell St.
Los Angeles, CA 90065
INSURER B : AIU Insurance Co 19399
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: NYC-012197214-04 REVISION NUMBER: 4
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD POLICY NUMBER POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY 016915832 12/01/2025 12/01/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR '''$2,000,000 General Aggregate''' DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000
'''Per Project / Location''' MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY X PRO- LOC
PRODUCTS - COMP/OP AGG $ 2,000,000
JECT
$
OTHER:
A
B
AUTOMOBILE LIABILITY 016915830 (AOS) 12/01/2025 12/01/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000
X ANY AUTO 016915831 (MA) 12/01/2025 12/01/2026 BODILY INJURY (Per person) $ OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) $
X X PROPERTY DAMAGE
(Per accident) $
$
A X UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS-MADE
016933392 12/01/2025 12/01/2026 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000
DED RETENTION $ $
B WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
016933391 (AOS) 12/01/2025 12/01/2026 X PER
STATUTE OTH-
ER
B
N / A
016933393 (WI) 12/01/2025 12/01/2026 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This certificate only applies to Contract No: DVA06368.
Project: Various CA Facilities under Agreement #4193. Term: 5/8/2024-6/30/2027. Customer #51736770.
CITY OF MONTEBELLO, its officers, employees, agents and volunteers is/are included as additional insured (except workers compensation) when required by written contract and/or agreement. Insurance, when applicable to an additional insured and when specified in a written agreement among the parties, applies on a primary basis w ith no contribution by the additional insured. Waiver of Subrogation is included if required by contract. Contractual Liability is provided to the extent afforded by the above general liability policy.
Continued on Acord 101.
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CITY OF MONTEBELLO
1600 WEST BEVERLY BLVD
MONTEBELLO, CA 90640
AUTHORIZED REPRESENTATIVE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AGENCY CUSTOMER ID: CN103059650
LOC #: Hartford
ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY
MARSH USA, LLC.�
NAMED INSURED
Pacific Coast Elevator Corporation�
3041 Roswell St.�
Los Angeles, CA 90065 POLICY NUMBER
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance
Continued from Description of Operations: �
�
Umbrella Provides Limits Excess Of The General Liability, Auto Liability And Employer Liability Insurance Policies Identified On This Certificate.
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ENDORSEMENT
This endorsement, effective 12:01 A.M. 12/01/2025
forms a part of policy No. 016-915-830
issued to OTIS WORLDWIDE CORPORATION
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is aubjact to tha following additional conditions:
A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company.
B. If this policy is cancelled by the Company f or nonpayment of premium, or by the insured, notice of such cancellation will be provided within (1Ol days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company.
If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will besufficient proof of notice.
Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term.
Failure to provide such notice to the certificate holderls) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives.
Manuscript
POLICY NUMBER: 016-91-5830 COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Fonn apply unless modified by the endorsement.
A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance - Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:
This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available
to an "insured" under your policy provided that:
1. Such "insured• is a Named Insured under
such other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to such
"insured".
B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form
and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from
any other insurance available to an "insured"
under your policy provided that:
1. Such "insured" is a Named Insured under
such other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to such
"insured".
CA0449 1116 ©Insurance Services Office, Inc., 2016 Page 1 of 1 □
Named Insured: OTIS WORLDWIDE CORPORATION
Endorsement Effective Date: 12/01/2025
POLICY NUMBER: 016-915-830 COMMERCIAL AUTO
CA 04 4410 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED, IN WRITTEN CONTRACT, WILL BE ENTITLED TO THIS WAIVER OF OUR RIGHTS OF RECOVERY.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.
CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
ENDORSEMENT
This endorsement, effective 12:01 A.M. 12/01/2025
forms a part of Policy No. 016-91-5832
issued to OTIS WORLDWIDE CORPORATION
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s) Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION WHOM YOU
HAVE, THROUGH WRITTEN CONTRACT, AGREED
TO PROVIDE INSURANCE PROTECTION FOR
LIABILITY CAUSED BY YOUR ONGOING
OPERATIONS (AS PER ISO FORM CG 20 10 07 04
OR ITS EQUIVALENT).
ANY LOCATIONS THAT IS COVERED BY, OR
SUBJECT TO A WRITTEN CONTRACT UNDER
WHICH AMTECH ELEVATOR COMPANY HAS
AGREED TO PROVIDE THIS INSURANCE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An In sured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
MANUSCRIPT
1. All work, including materials, parts or equip-
ment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or organ -
ization other than another contractor or sub-
contractor engaged in performing oper-
ations for a principal as a part of the same
project.
Authorized Representative or
Countersignature (in States Where
Applicable)
ENDORSEMENT
This endorsement, effective 12:01 A.M. 12/01/2025
forms a part of Policy No. 016-91-5832
issued to OTIS WORLDWIDE CORPORATION
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Oraanization(s):
location And Descriotion Of Comoleted Ooerations
ANY PERSON OR ORGANIZATION WHOM
AMTECH ELEVATOR COMPANY HAS
THROUGH WRITTEN CONTRACT, AGREED
TO PROVIDE INSURANCE PROTECTION
FOR LIABILITY CAUSED BY YOUR
COMPLETED OPERATIONS (AS PER ISO
FORM CG 20 37 07 04 OR ITS
EQUIVALENT)
ALL LOCATIONS THAT ARE LISTED IN
WRITTEN CONTRACTS OR AGREEMENTS
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization{s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location
designated and described in the schedule of this
endorsement performed for that additional insured
and included in the "products -completed operations
hazard."
MANUSCRIPT
Authorized Representative or
Countersignature (in States Where
Applicable)
ENDORSEMENT MAN #014
This endorsement, effective 12:01 A.M. 12/01/2025
forms a part of Policy No. 016-91-5832
issued to OTIS WORLDWIDE CORPORATION
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY.
BLANKET ADDITIONAL INSURED - WORK PERFORMED BY OR ONBEHALF OF
OTIS WORLDWIDE CORPORATION
It is agreed and understood that, solely as respects work performed by or on behalf of Otis Worldwide Corporation and its subsidiaries and affiliates, including but not limited to North American Elevator Services Acquisition Corporation, North American Elevator Services Central, Inc., Delta Elevator Services Company, Pacific Coast Elevator Company, Amtech Elevator Services, and any of their subsidiaries (for the purpose of the endorsement, "you"):
1. WHOIS AN INSURED (Section II) is -amended to include any person or organization you are required to include as an additional insured on this policy by a written contract or written agreement in effect during this "policy period" and executed prior to the occurrence of any loss, as permissible under the governing law.
2. The insurance provided to the. additional insured is limited as follows:
a. The person or organization is only an additional insured with respect to liability caused by "your work" or your ongoing operations for that additional insured. The additional insured· status applies only to the extent of your liability for "bodily injury", "property damage" or "personal and advertising injury" caused by.: Ii) your acts or omissions; or (ii) the acts ·or omissions of those acting on your behalf. In the event that the limits of liability stated in the policy exceed the limits of liability required by the written contract or written agreement, the insurance provided by this endorsement shall be limited to the limits of liability required by the written contract. This endorsement shall not increase the limits stated in LIMITS OF LIABILITY (Section Ill).
b. This policy does not apply to· "bodily injury"' or "property damage" arising out of "your work." included in the "products-completed operations hazard',' unless you are required to provide such coverage by written contract or' written agreement and then only for the period of time required by the contract and in no event beyond the "policy ·period". c. This policy does not apply to any person or organization for whom you have procured separate. liability insurance while such insurance is in effect, regardless of whether the scope or limits of liability exceed those of such other insurance or whether such other insurance is valid and collectable.
3. With respect to any entity provided insurance under this endorsement, any coverage provided to an additional insured shall be excess over any other valid and collectible insurance available to the· additional insured, whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary or non-contributory basis.
4. As soon as practicable, each additional insured must give. us prompt notice of any "occurrence" or "offense" which may result in a "claimH, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions.
5. The provisions set forth in Paragraph 5 of Section II - Who is An Insured do not apply to Otis Worldwide Corporation or any of its subsidiaries or affiliates as de�j•bc::s�1uL
Authonze�tiva or
Countersignature (in States Where
Appllcabla)
Manuscript Page 1 of 1
ENDORSEMENT
This endorsement, effective 12:01 A.M. 12/01/2025
forms a part of Policy No. 016-91-5832
issued to OTIS WORLDWIDE CORPORATION
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional conditions:
A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company.
B. If this policy is cancelled by the Company f or nonpayment of premium, or by the insured, notice of such cancellation will be provided within {101days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company.
If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will besufficient proof of notice.
Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term.
Failure to provide such notice to the certificate holder(s) will not amend or extend the data the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives.
Manuscript
Authorized Representative or
Countersignature (in States Where
Applicable)
ENDORSEMENT
This endorsement, effective 12:01 A.M. 12/01/2025
forms a part of Policy No. 016-91-5832
issued to OTIS WORLDWIDE CORPORATION
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF OTHER INSURANCE CONDITION -
PRIMARY AND NON-CONTRIBUTORY WHEN REQUIRED
BY WRITTEN CONTRACT OR WRITTEN AGREEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY INSURANCE POLICY
A. The amended Other Insurance condition in Paragraph B. below applies only to persons or organizations qualifying additional insureds under this policy, subject to all other applicable terms and conditions not modified by this endorsement.
As respects any person or organization· qualifying es a Named Insured under this policy, the Other Insurance condition is not amended and continues to apply on an excess basis.
B. With respect to insurance provided to persons or organizations described in Paragraph A. above, the Other Insurance condition in the Conditions Section is replaced by the following:
Other Insurance
1. Primary OtherInsurance
If you have agreed in a written contract or written agreement to provide primary insurance to the additional insured, then this insurance will be primary, Additionally, to the extent that you have agreed with an additional insured that this insurance shall apply on a non- contributory basis with other insurance available to that additional insured, we will not seek contribution from such additional insured's other insurance.
If other insurance is also primary, we will share with all· that other insurance by the method described in Paragraph 2·. below,
2. Method Of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until i.t has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of allinsurers. �k-..�t.L
MANUSCRIPT
Authorized Representative or
Countersignature (in States Where
Applicable)
CG 24 0412 19
POLICY NUMBER: 016-91-5832 COMMERCIAL GENERAL LIABILITY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s} Or Organization(s):
BLANKET WHERE REQUIRED BY WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rightl Of Recovery Againat Others To U1 of
Section IV - Conditions:
We waive any right of recovery against the
person{sl or organization{s} shown in the Schedule
above because of payments we make under this
Coverage Part. Such waiver by us applies only to
the extent that the insured has waived its right of
recovery against such person(s) or organization(s)
prior to loss. This endorsement applies only to the
person(s) or organization(s} shown in the Schedule
above.
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement changes the policy to which it is attached effect ive on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 12:01 AM 12/01/2025
Issued to OTIS WORLDWIDE CORPORATION
forms a part of Policy No. WC 016933391
By AIU INSURANCE COMPANY
LIMITED ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY)
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and
1. the cancellation effective date is prior to this policy's expiration date;
2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, either:
(a) the name of the entity shown on the certificate, a contact name at each such entity and the U.S. Postal Service address of each such entity; or
(b) the email address of a contact at each such entity; and
3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") to such Certificate Holders within .1Q days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer.
Proof of the Insurer emailing or mailing the Advice, using the information provided by the Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.
The following definitions apply to this endorsement:
1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy.
2. Insurer means the insurance company shown in the header on the Information Page of this policy.
All other terms, conditions and exclusions shall remain the same.
AUTHORIZED REPRESENTATIVE
WC 99 00 57
(Ed. 04/11)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
This endorsement changes the policyto whichit is attachedeffective on theinception dateof thepolicyunlessa differentdale is indicated below.
(The following• attaching clause" m,ed be completed onlywhen this end01S8ment is issued subsequent to preparation of thepolicy).
This endorsement, effective 12:01AM 12/01/2025
Issued to OTIS WORLDWIDECORPORATION
By A I U INSURANCE COMPANY
forms a part of Policy No. WC 016933391
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll recordsaccurately segregating the remuneration of your employees while engagedin thewor1< describedintheSchedule.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME
OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST
UNDER ANY CONTRACT OR AGREEMENT, YOU ENTER INTO
PRIOR TO THE OCCURRENCE OF LOSS.
we 04 03 os(Ed. 04184)
��.Mt�
Counters! gnadby _
Authorized RepraNntativa
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
02/02/2026
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
MARSH USA, LLC.
20 CHURCH STREET
HARTFORD, CT 06103
CN103059650-OtisW-OWP-25-26
CONTACT . NAME:
PHONE (A/C, No, Ext):
FAX
(A/C, No): E-MAIL [email protected] ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : AIG Specialty Insurance Company 26883
INSURED
Pacific Coast Elevator Corporation
3041 Roswell St.
Los Angeles, CA 90065
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: NYC-012528403-01 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD POLICY NUMBER POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY PRO- LOC JECT
OTHER:
PRODUCTS - COMP/OP AGG $
$
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident) $
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
PER
STATUTE OTH-
ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
A PROFESSIONAL LIABILITY 3609407 12/01/2025 12/01/2026 2,000,000 / CLAIM 4,000,000 / AGGR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This certificate only applies to Contract No: DVA06368.
Project/ Location Of Work: Various CA Facilities under Agreement #4193. Term: 5/8/2024-6/30/2027. Customer #51736770.
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
City Of Montebello
1600 West Beverly Blvd
Montebello, CA 90640
AUTHORIZED REPRESENTATIVE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Attachment C
ITEM # 11
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE SUBMISSION OF THE FISCAL YEAR 2026-27 ANNUAL
EXPENDITURE PLAN AS PART OF THE LOS ANGELES COUNTY
SAFE, CLEAN WATER PROGRAM (MEASURE W)
DATE: March 11, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Authorize staff to submit the Los Angeles County Safe, Clean Water Program (Measure W) Annual Expenditure Plan for Fiscal Year 2026-27; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Los Angeles County Safe, Clean Water (SCW) Program Fiscal Year 2026-27 local return allocation for Montebello is estimated at approximately $862,000. Under the SCW Municipal Program, 40% of the funding is allocated to cities as local return with maximum flexibility. Eligible activities include project development, design, construction, effectiveness monitoring, operations and maintenance, programs and studies related to protecting and improving water quality. The City will receive direct funding via the Municipal Program proportional to the revenues generated within the City's boundaries.
On February 26, 2020, the City Council approved a Partnership Agreement with Los Angeles County for the East Los Angeles Sustainable Median Stormwater Capture Project. Construction of this $33.3 million project is complete. The City has a contribution amount of $4,532,424 towards this project. The Annual Plan Program for FY 2026-27 includes the continued contribution to the East Los Angeles Sustainable Median Stormwater Capture Project in the amount of $252,702. The City will also contribute $36,000 annually for operation and maintenance expenses.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
Both the construction payments and the annual maintenance cost will be programmed from the Measure W fund (Fund 229) and will not impact the General Fund. The FY 2025- 26 budget includes appropriations for these and related expenses in Fund 229.
Subsequent budgets will be developed to include appropriations for eligible expenditures.
The payment schedule per the terms of the agreement is as follows:
Invoice No. Amount Payment Date
1 $700,000 6/10/2021
2 $800,000 6/9/2022
3 $758,106 7/6/2023
4 $758,106 1/11/2024
5 $758,106 12/5/2024
6 $252,702 12/30/2025
7 $252,702 12/30/2026
8 $252,702 12/30/2027
Total: $4,532,424
The balance of the annual funds is programmed for administrative programs, operation and maintenance activities related to regulatory compliance. For the upcoming fiscal year, the table below lists the expenditures, budgets for the expenditures, and total budget for the City's SCW Program Payment.
Expenditure
Type
Expenditure Name Expenditure Budget
Project 1
East Los Angeles Sustainable Median
Stormwater Project
$252,702
Project 2
East Los Angeles Sustainable Median
Stormwater Project O & M
$36,000
Project 3
Citywide Catch Basin CPS Inserts
Installation Project – CP 931
$281,925
Program 1
CWE - Stormwater and Urban Runoff
Monitoring and Reporting
$200,000
Program 2
Water Quality Programs Administration
and Coordination
$55,000
Program 3 Catch Basin Cleaning $133,000
Total: $958,627
The City will have a carry-over of $88,861 from FY 2025–26, which is separate from the $862,000 SCW Municipal Program payment the City will receive for FY 2026-27. The $862,000 in revenue will be recorded in Account No. 229-99-3630.70 (Special Revenue Measure W), and the corresponding $862,000 in expenditures will be recorded in Account No. 229-30-315-6040.10 (Outside Contracts). Subsequent budgets will include the anticipated revenue and planned expenditures in Fund 229.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
BACKGROUND/DISCUSSION:
On August 28, 2024, the City Council authorized the City Manager to sign the Los Angeles County (County) Safe, Clean Water Program Transfer Agreement. The Municipal Program is designed to maximize the ability of the City to address local stormwater and urban runoff challenges and opportunities.
Annual expenditure plans are due April 1st of each year for the upcoming fiscal year. The intent of this plan is to provide a description of projects, programs, Operation and Maintenance and other activities that are funded through this program. Projects and programs presented in the expenditure plan are required to include water quality benefits.
Multi-benefit projects and nature-based solutions are also highly encouraged. The plan includes the expected budget of estimated expenditures, overview of benefits achieved, achievement of the City project/program goals, work schedule, completion date and other objectives that will demonstrate the City’s use of funds.
Following are guidelines under the County’s SCW Program:
18.06 - Municipal Program Implementation.
A. The Municipal Program shall be implemented in accordance with the provisions of this Section.
B. Each Municipality receiving Municipal Program funding from the SCW Program shall perform the following functions as part of the Municipal Program:
1. Prioritize the development of Projects that, to the extent feasible, assist in achieving compliance with the MS4 Permit.
2. Prepare, prior to the start of that Municipality's fiscal year, a plan for how SCW Program funds will be used in the ensuing fiscal year.
3. Comply with all SCW Program reporting and audit requirements and provide to the District additional financial and other information, as required by the SCW Program or upon request of the District.
4. As part of the Municipal Program planning process, consider Municipal- level requests for Projects from eligible Infrastructure Program Project Applicants.
5. At least annually, prepare and provide to the public informational materials containing up-to-date information on the Municipality's actual and budgeted use of revenues from the SCW Program.
6. Operate in accordance with best practices for government agencies.
7. Be strictly accountable for all funds, receipts, and disbursements by the Municipality.
8. Identify or establish, and then execute, a plan to engage with Stakeholders in the planning process for use of the Municipal Program funds during the planning and implementation of Projects and Programs.
9. Comply with all Transfer Agreement requirements.
10. Prepare a vector minimization plan addressing vector considerations for the design, operation, and maintenance of each Project.
C. Maintenance of Effort.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
1. A Municipality must spend at least seventy percent (70%) of its Municipal Program funds annually on eligible expenses related to Projects or Programs implemented on or after November 6, 2018, which also includes operations and maintenance of Projects built to comply with the MS4 Permit, so long as the Project complies with Municipal Program requirements.
2. Up to thirty percent thirty percent (30%) of a Municipality's Municipal Program funds may be used to pay for costs and expenses incurred on or after November 6, 2018, related to the continuation of Programs implemented or the maintenance of Projects implemented prior to November 6, 2018.
D. Municipal Program Annual Progress/Expenditure Reports.
1. Each Municipality shall prepare and submit an annual report to the District, not later than six months after the end of that Municipality's fiscal year.
2. The annual report shall include the following information:
a. A summary of the expenditures and Water Quality, Water Supply, and Community Investment Benefits realized through use of SCW Program funds;
b. The amount of SCW Program funds expended;
c. Documentation that the SCW Program funds were used for eligible expenditures;
d. A description of work accomplished during the reporting period; e. The milestones or deliverables completed/submitted during the reporting period;
f. The work anticipated to be accomplished during the next reporting period;
g. Photo documentation of the above, as appropriate;
h. Additional information as required by the District; and i. A description of the Municipality's stakeholder-engagement activities during the reporting period, including documentation, as appropriate.
3. The District shall review each Municipality's annual report to make a preliminary determination of whether and the extent to which each Municipality's expenditures achieved SCW Program Goals, and the District shall forward its preliminary determination to the ROC.
4. The ROC shall review the Municipalities' annual reports after the District has completed its preliminary determination, to evaluate whether and the extent to which the Municipalities' expenditures achieved SCW Program Goals and develop recommendations as appropriate. The ROC shall report its findings and recommendations to the Board and provide copies to the respective Municipalities. (Ord. 2019-0042 § 11, 2019.)
ENVIRONMENTAL:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
ANALYSIS:
N/A
SUMMARY:
The recommended action will allow the City to submit the required annual Los Angeles County Safe Clean Water Program (Measure W) expenditure plan for Fiscal Year 2026-
27. There is no direct fiscal impact to the recommended actions. The FY 2026-27 budget will be developed to include funding for the expenditures detailed above.
ATTACHMENT(S)
1. Attachment A - Montebello Measure W Annual Plan 2026-27
SCW Program Annual Plan 2026-2027: Description of Projects P
ROJECT 1: East Los Angeles Sustainable Median Stormwater Capture Project BUDG
ET: $ 252,702
DE
SCRIPTION: The City implemented this regional project in partnership with the County of Los Angeles and the City of Monterey Park. The project repurposed large medians into infiltration BMPs by diverting urban and stormwater runoff to drywells and creating community recreational spaces. The BMPs are sized to capture and treat approximately 22 ac-ft of urban and stormwater runoff from a 3,000- acre tributary area. Community benefits include jogging paths, drought tolerant landscaping, and educational/interpretive signs. The project was programmed into the Rio Hondo WASC SIP, and the City is funding its own cost-share through the Measure W local return.
D
escription of SCW Program Goals Achieved
G
oal 1: Improve water quality and contribute to attainment of water -quality requirements.
T
his project will implement drywells (infiltration BMPs) and will contribute to the attainment of water -quality requirements, such as the Los Angeles River Bacteria and Metals TMDLs.
G
oal 2: Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.
T
he project will increase drought preparedness by capturing and infiltrating both stormwater and urban runoff to drywells and incorporating pervious walkways, drought tolerant landscape, and a water -efficient irrigation system into the site design. It is expected that the project will capture approximately 228 ac-ft of stormwater per year that will recharge Central Basin.
G
oal 3: Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.
T
he project will improve public health through the capture and infiltration of stormwater and urban runoff by diverting the runoff to BMPs. This will also reduce flood risks.
Additionally, the large medians will be converted to recreational areas that the community can enjoy, to include park space, benches and picnic tables, walkways/jogging paths, exercise equipment, and education signage. Furthermore, the project will help the community mitigate and adapt to the effects of climate change by planting over 270,000 sf of landscaping, including drought tolerant vegetation and over 300 trees, thereby
ATTACHMENT A
increasing shade and green space, reducing heat island effect, increasing carbon reduction/sequestration, and improving air quality.
Goal 4: Leverage other funding sources to maximize SCW Program Goals.
Other funds that have been leveraged include funding through the California Urban Greening Grant Program, Proposition 50 Clean Beaches Program, and Proposition 1 Stormwater Implementation Grant Program.
Goal 5: Invest in infrastructure that provides multiple benefits.
See responses to Goals 1, 2, and 3.
Goal 6: Prioritize Nature-Based Solutions.
The project will incorporate bioswales and revegetation using drought tolerant plants and native trees. Over 270,000 sf of landscaping and 300 trees will be planted.
Goal 7: Provide a spectrum of project sizes from neighborhood to regional scales.
This is a regional project.
Goal 8: Encourage innovation and adoption of new technologies and practices.
The project will incorporate drywells and water-wise landscaping and irrigation practices.
Goal 9: Provide DAC Benefits, including Regional Program infrastructure investments, not <110% of the ratio of the DAC population to the total population in each Watershed Area.
This project will provide new recreational and educational opportunities to DAC in East Los Angeles in an area that is currently an unused public right-of-way.
Goal 10: Provide Regional Program infrastructure funds benefitting each Municipality in proportion to the funds generated within their jurisdiction, after accounting for allocation of the 110% return to DACs, to the extent feasible.
This is achieved through funding by the Regional Program.
Goal 11: Implement an iterative planning and evaluation process to ensure adaptive management.
Implementation of the project will allow for an iterative planning and evaluation process, especially for O&M procedures and also incorporating the knowledge and experience to future similar projects.
Goal 12: Promote green jobs and career pathways.
The project requires a skilled workforce to ensure proper design, installation, operations and maintenance, and recordkeeping/reporting of all project components.
Goal 13: Ensure ongoing operations and maintenance for Projects.
The project will require ongoing operations and maintenance, including routine inspections to identify any necessary repair issues and maintenance of the BMPs. This will be overseen by the County of Los Angeles.
Qualitative Targets and Corresponding Metrics
Targets 1-3:
Annual volume of stormwater captured and 1) treated, 2) reused, or 3) recharged to a managed aquifer.
232 ac-ft of stormwater will be captured and infiltrated in an average rainfall year. The infiltrated water will recharge Central Basin.
Target 4: Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
See response to Goal 3 above.
Target 5: Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best). If none, discuss considerations explored and reasons to not include.
This assessment will be provided in the Annual Progress/Expenditure Report. However, an NBS classification of "Better" or "Best" will likely be achieved.
Target 6: Annual expenditure providing DAC Benefits. If none, discuss considerations explored and reasons to not include.
This assessment will be provided in a future Annual Progress/Expenditure Report.
If applicable: Status of Institute for Sustainable Infrastructure (ISI) Verification
Not applicable as the project has not yet been implemented.
SCW Program Annual Plan 2026-2027: Description of Projects
PROJECT 2: Operation and Maintenance of the East Los Angeles Sustainable Median Stormwater Capture Project
BUDGET: $36,000
DESCRIPTION: The City implemented this regional project in partnership with the County of Los Angeles and the City of Monterey Park. The project repurposed large medians into infiltration BMPs by diverting urban and stormwater runoff to drywells and creating community recreational spaces.
Description of SCW Program Goals Achieved
Goal 1: Improve water quality and contribute to attainment of water -quality requirements.
This project will implement drywells (infiltration BMPs) and will contribute to the attainment of water -quality requirements, such as the Los Angeles River Bacteria and Metals TMDLs.
Goal 2: Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.
The project will increase drought preparedness by capturing and infiltrating both stormwater and urban runoff to drywells and incorporating pervious walkways, drought tolerant landscape, and a water -efficient irrigation system into the site design. It is expected that the project will capture approximately 228 ac-ft of stormwater per year that will recharge Central Basin.
Goal 3: Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.
The project will improve public health through the capture and infiltration of stormwater and urban runoff by diverting the runoff to BMPs. This will also reduce flood risks.
Additionally, the large medians will be converted to recreational areas that the community can enjoy, to include park space, benches and picnic tables, walkways/jogging paths, exercise equipment, and education signage. Furthermore, the project will help the community mitigate and adapt to the effects of climate change by planting over 270,000 sf of landscaping, including drought tolerant vegetation and over 300 trees, thereby increasing shade and green space, reducing heat island effect, increasing carbon reduction/sequestration, and improving air quality.
Goal 4: Leverage other funding sources to maximize SCW Program Goals.
Other funds that have been leveraged include funding through the California Urban Greening Grant Program, Proposition 50 Clean Beaches Program, and Proposition 1 Stormwater Implementation Grant Program.
Goal 5: Invest in infrastructure that provides multiple benefits.
See responses to Goals 1, 2, and 3.
Goal 6: Prioritize Nature-Based Solutions.
The project will incorporate bioswales and revegetation using drought tolerant plants and native trees. Over 270,000 sf of landscaping and 300 trees will be planted.
Goal 7: Provide a spectrum of project sizes from neighborhood to regional scales.
This is a regional project.
Goal 8: Encourage innovation and adoption of new technologies and practices.
The project will incorporate drywells and water-wise landscaping and irrigation practices.
Goal 9: Provide DAC Benefits, including Regional Program infrastructure investments, not <110% of the ratio of the DAC population to the total population in each Watershed Area.
This project will provide new recreational and educational opportunities to DAC in East Los Angeles in an area that is currently an unused public right-of-way.
Goal 10: Provide Regional Program infrastructure funds benefitting each Municipality in proportion to the funds generated within their jurisdiction, after accounting for allocation of the 110% return to DACs, to the extent feasible.
This is achieved through funding by the Regional Program.
Goal 11: Implement an iterative planning and evaluation process to ensure adaptive management.
Implementation of the project will allow for an iterative planning and evaluation process, especially for O&M procedures, and also incorporating the knowledge and experience to future similar projects.
Goal 12: Promote green jobs and career pathways.
The project requires a skilled workforce to ensure proper design, installation, operations and maintenance, and recordkeeping/reporting of all project components.
Goal 13: Ensure ongoing operations and maintenance for Projects.
The project will require ongoing operations and maintenance, including routine inspections to identify any necessary repair issues and maintenance of the BMPs. This will be overseen by the County of Los Angeles.
Qualitative Targets and Corresponding Metrics
Targets 1-3:
Annual volume of stormwater captured and 1) treated, 2) reused, or 3) recharged to a managed aquifer.
232 ac-ft of stormwater will be captured and infiltrated in an average rainfall year. The infiltrated water will recharge Central Basin.
Target 4: Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
See response to Goal 3 above.
Target 5: Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best). If none, discuss considerations explored and reasons to not include.
This assessment will be provided in the Annual Progress/Expenditure Report. However, an NBS classification of "Better" or "Best" will likely be achieved.
Target 6: Annual expenditure providing DAC Benefits. If none, discuss considerations explored and reasons to not include.
This assessment will be provided in a future Annual Progress/Expenditure Report.
If applicable: Status of Institute for Sustainable Infrastructure (ISI) Verification
Not applicable as the project has not yet been implemented.
SCW Program Annual Plan 2026-2027: Description of Projects
PROJECT 3: Citywide Catch Basin CPS Inserts Installation Project – CP 931
BUDGET: $281,925
DESCRIPTION:
The City, in coordination with an environmental consultant, inspected and inventoried both the City’s catch basins and Los Angeles County’s catch basins in preparation of future work to measure, fabricate and install Connector Pipe Screen (CPS) and Automatic Retractable Screens (ARS) units. The United States Environmental Protection Agency for Region 9 (EPA) and Los Angeles Regional Water Quality Control Board (LARWQCB) staff members require the City to complete the remaining fabrication and installation of CPS and ARS units on Los Angeles County Department of Public Works (LACDPW) catch basins. ARS units prevent trash and debris from entering a catch basin during dry weather and moderate storm flows by keeping the trash and debris in the street gutter for collection by street sweepers. CPS unit prevents trash and debris from enteri ng the storm drain system during dry weather and moderate storm flows by keeping the trash and debris inside the catch basin. Trash excluders are the preferred structural method to meet the Total Maximum Daily Loads ( TMDL) requirements as set forth by the LARWQCB.
Description of SCW Program Goals Achieved
Goal 1: Improve water quality and contribute to attainment of water -quality requirements.
This project consists of purchasing and installing trash capture devices in catch basins.
The devices will be connector pipe screens certified as full trash capture by the State Water Board. The devices will be installed in high priority land uses as defin ed by the Statewide Trash Provisions (industrial, commercial, high density residential, mixed use, and transportation).
Goal 2: Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.
ARS units prevent trash and debris from entering a catch basin during dry weather and moderate storm flows by keeping the trash and debris in the street gutter for collection by street sweepers. CPS unit prevents trash and debris from entering the storm drain system during dry weather and moderate storm flows by keeping the trash and debris inside the catch basin. Trash excluders are the preferred structural method to meet the TMDL requirements as set forth by the LARWQCB.
Goal 3: Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.
See response to Goal 2.
Goal 4: Leverage other funding sources to maximize SCW Program Goals.
This program is partially funded by Measure W funds, though the City pays a majority of the cost associated with this program.
Goal 5: Invest in infrastructure that provides multiple benefits.
See response to Goal 2.
Goal 6: Provide a spectrum of project sizes from neighborhood to regional scales.
This is a regional project.
Goal 7: Encourage innovation and adoption of new technologies and practices.
The project will incorporate ARS units and CPS units to prevent trash and debris from entering a catch basin during dry weather and moderate storm flows.
Goal 8: Provide Regional Program infrastructure funds benefitting each Municipality in proportion to the funds generated within their jurisdiction, after accounting for allocation of the 110% return to DACs, to the extent feasible.
This is achieved through funding by the Regional Program.
Goal 9: Implement an iterative planning and evaluation process to ensure adaptive management.
Implementation of the project will allow the City to meet the TMDL requirements
Goal 10: Promote green jobs and career pathways.
The project requires a skilled workforce to ensure proper design, installation, operations and maintenance, and recordkeeping/reporting of all project components.
Goal 11: Ensure ongoing operations and maintenance for Projects.
The project will require ongoing operations and maintenance.
SCW Program Annual Plan 2026-2027: Description of Programs
PROGRAM 1: CWE - Stormwater and Urban Runoff Monitoring and Reporting
BUDGET: $200,000
DESCRIPTION: This program is implemented to assess the City's compliance with water quality requirements and measure/improve the effectiveness of implementation of the Municipal National Pollutant Discharge Elimination System (NPDES)/ Municipal Separate Storm Sewer System (MS4), Watershed Management Programs ( WMP), and SCW Programs. In terms of monitoring, this includes implementation of receiving water monitoring, outfall monitoring, and outfall screening under the Coordinated Integrated Monitoring Program. In terms of rep orting, this includes the NPDES Individual Annual Reports and Watershed Annual Reports, WMP Adaptive
Management Reports, WMP updates, TMDL Compliance Reports, and Reports of Waste Discharge.
Discussion of SCW Program Goals Achieved
Goal 1: Improve water quality and contribute to attainment of water -quality requirements.
The program is implemented to evaluate water quality and the City's progress toward attaining water quality requirements. The program is utilized to inform decision-making in the interest of improving water quality. In addition, includes administering the WMP and Municipal NPDES Program and MS4 compliance, which both support this particular goal.
Goal 2: Implement an iterative planning and evaluation process to ensure adaptive management.
The program is iterative as monitoring and reporting is conducted (and required) on an established, regular basis, ensuring that implemented pollutant controls are routinely assessed, improved, and adaptively managed.
Goal 3: Promote green jobs and career pathways.
The program requires a skilled workforce to conduct monitoring and compile, assess, and summarize water quality data.
Qualitative Targets and Corresponding Metrics
Targets 1-3: Annual volume of stormwater captured and 1) treated, 2) reused, or 3) recharged to a managed aquifer.
Not applicable as this is a monitoring and reporting program.
Target 4: Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
Not applicable as this is a monitoring and reporting program.
Target 5: Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best). If none, discuss considerations explored and reasons to not include.
Not applicable as this is a monitoring and reporting program.
Target 6: Annual expenditure providing DAC Benefits. If none, discuss considerations explored and reasons to not include.
Not applicable as this is a monitoring and reporting program.
SCW Program Annual Plan 2026-2027: Description of Programs
PROGRAM 2: Water Quality Programs Administration and Coordination
BUDGET: $55,000
DESCRIPTION: This program is to administer the City's surface water quality programs, including the Safe Clean Water (SCW) Program, Watershed Management Program (WMP), and the Municipal
NPDES Program. Tasks include overseeing and assuring quality of planning, funding, and implementation activities, holding and participating in interagency program meetings, providing program summary reports and technical assistance, preparing comment letters, and engaging with program stakeholders.
Discussion of SCW Program Goals Achieved
Goal 1: Improve water quality and contribute to attainment of water -quality requirements.
This program is to, in part, administer the City's SCW Program, which includes the achievement of SCW Program goals. This program also includes administering the WMP and Municipal NPDES Program, which both support this particular goal.
Goal 2: Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.
See response to Goal 1.
Goal 3: Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.
This program is to, in part, administer the City's SCW Program, which includes the achievement of SCW Program goals.
Goal 4: Leverage other funding sources to maximize SCW Program Goals.
See response to Goal 3.
Goal 5: Invest in infrastructure that provides multiple benefits.
See response to Goal 3.
Goal 6: Prioritize Nature-Based Solutions.
See response to Goal 3.
Goal 7: Provide a spectrum of project sizes from neighborhood to regional scales.
This program is to, in part, administer the City's SCW Program, which includes the achievement of SCW Program goals. This program also includes administering the WMP, which supports this particular goal.
Goal 8: Encourage innovation and adoption of new technologies and practices.
See response to Goal 3.
Goal 9: Invest in independent scientific research.
See response to Goal 3.
Goal 10: Provide DAC Benefits, including Regional Program infrastructure investments, not <110% of the ratio of the DAC population to the total population in each Watershed Area.
See response to Goal 3.
Goal 11: Provide Regional Program infrastructure funds benefitting each Municipality in proportion to the funds generated within their jurisdiction, after accounting for allocation of the 110% return to DACs, to the extent feasible.
See response to Goal 3.
Goal 12: Implement an iterative planning and evaluation process to ensure adaptive management.
See response to Goal 7.
Goal 13: Ensure ongoing operations and maintenance for Projects.
See response to Goal 1.
Goal 14: Ensure ongoing operations and maintenance for Projects.
See response to Goal 1.
Qualitative Targets and Corresponding Metrics
Project and program specific targets will be included in individual SCW funding requests for those projects.
SCW Program Annual Plan 2026-2027: Description of Programs
PROGRAM 3: Catch Basin Cleaning
BUDGET: $133,000
DESCRIPTION: In Montebello, regular catch basin cleaning significantly improves the City’s stormwater system by ensuring that rainwater can flow efficiently through the storm drain network while reducing pollution and protecting public infrastructure. Catch basins are designed to capture sediment, trash, organic debris, and other pollutants before runoff enters underground storm drains; however, when these structures become clogged, water backs up onto streets, increasing the risk of localized flooding, tr affic hazards, and property damage during storm events. By routinely removing accumulated debris and sediment, the City maintains proper drainage capacity, reduces standing water that can deteriorate pavement and sidewalks, and minimizes erosion and costly emergency repairs. In addition, cleaning catch basins improves water quality by preventing oils, metals, nutrients, and litter from being transported downstream into regional waterways and eventually the ocean, supporting environmental protection efforts and regulatory compliance. Overall, catch basin cleaning is a proactive investment in Montebello’s stormwater infrastructure that enhances flood prevention, safeguards community assets, and promotes a healthier urban watershed.
Discussion of SCW Program Goals Achieved
Goal 1: Improve water quality and contribute to attainment of water -quality requirements.
Catch basin cleaning directly improves water quality and helps meet regulatory water - quality requirements by removing pollutants before they enter the stormwater system.
Catch basins collect debris, sediment, trash, oils, and other contaminants from street s and parking lots. If left uncleaned, these pollutants are carried by stormwater into rivers, lakes, and oceans, degrading water quality and harming aquatic ecosystems. Regular cleaning ensures that these materials are removed and properly disposed of, reducing the concentration of harmful substances in runoff. This practice supports compliance with local, state, and federal regulations, such as the Clean Water Act and regional municipal stormwater permits, which require Montebello to control pollutants and maintain safe, healthy waterways. By maintaining clean catch basins, Montebello can both protect public health and demonstrate adherence to water-quality standards.
Goal 2: Increase drought preparedness by capturing more Stormwater and/or Urban Runoff to store, clean, reuse, and/or recharge groundwater basins.
Cleaning catch basins plays an important role in drought preparedness by ensuring that stormwater flows efficiently through the drainage system and reaches recharge basins or storage facilities. When catch basins are clogged with debris, rainwater can pool on streets, evaporate, or cause localized flooding, wasting a valuable resource. Regular cleaning helps maximize the capture of runoff during rainy periods, supports groundwater recharge, and maintains water quality by preventing pollutants from entering storage systems. By keeping these systems clear and functional, Montebello can make the most of available water, contributing to long- term water conservation and resilience during drought conditions.
Goal 3: Improve public health by preventing and cleaning up contaminated water, increasing access to open space, providing additional recreational opportunities, and helping communities mitigate and adapt to the effects of climate change through activities such as increasing shade and green space.
Catch basin cleaning helps protect public health and enhance community resilience by preventing polluted water from pooling in streets or entering waterways, reducing exposure to harmful contaminants. It also supports safe, accessible open spaces and recreational areas by preventing flooding and standing water. Additionally, when integrated with green infrastructure, clean catch basins help manage stormwater, support vegetation, and contribute to climate adaptation efforts, making Montebello safer, healthier, and more resilient.
Goal 4: Investment in infrastructure that provides multiple benefits.
Catch basin cleaning is an investment in infrastructure that provides multiple benefits. By keeping stormwater systems clear and functional, it prevents flooding, protects public health, reduces pollution, and supports groundwater recharge. Clean catch bas ins also extend the lifespan of pipes and drainage infrastructure, lower maintenance costs, and enable green infrastructure solutions —like bioswales and permeable surfaces —to work effectively. This means a relatively simple maintenance activity contributes to flood control, water quality, public safety, environmental protection, and long- term infrastructure resilience.
Goal 5: Detailed description of how this Activity contributed to this SCW goal.
Catch basin cleaning promotes innovation and the adoption of new technologies by revealing inefficiencies in traditional maintenance methods and encouraging municipalities to explore more effective solutions. Advanced equipment like vacuum trucks, robotic cleaners, and hydro-excavation tools improve efficiency and safety, while sensors, GIS mapping, and data-driven monitoring allow maintenance to be scheduled strategically. Clean catch basins also enable integration with green infrastructure such as bioswales and permeable pavements, enhancing runoff management and pollutant removal. Additionally, the need to meet water-quality regulations drives the use of
software and reporting tools, creating a culture of innovation that modernizes stormwater management and improves environmental outcomes.
Goal 6: Promote green jobs and career pathways.
Catch basin cleaning promotes green jobs by creating employment opportunities that support environmental protection and sustainable infrastructure. Workers are needed to operate cleaning equipment, maintain stormwater systems, and safely handle debris and pollutants, all of which contribute to healthier waterways and communities.
Additionally, as municipalities adopt nature-based solutions, green infrastructure, and innovative stormwater technologies, new positions emerge in planning, installation, monitoring, and environmental compliance. These roles not only provide economic opportunities but also advance sustainability goals, making catch basin cleaning an entry point for careers that combine public service, environmental stewardship, and climate resilience.
Goal 7: Ensure ongoing operations and maintenance for Projects.
Catch basin cleaning is a critical component of maintaining the City of Montebello’s upgraded catch basin infrastructure, ensuring that the investment in these improvements continues to deliver long-term benefits. The updated catch basins are designed to handle larger stormwater volumes, improve pollutant removal, and integrate more efficiently with the City’s stormwater and drainage network. Regular cleaning prevents debris, sediment, and contaminants from clogging the system, which protects the functionality and structural integrity of the new basins. This maintenance extends the lifespan of the infrastructure, reduces the likelihood of costly emergency repairs, and helps the City comply with water-quality regulations. By keeping the upgraded catch basins operating at full capacity, Montebello maximizes the return on its infrastructure investment, improves flood control, enhances water quality, supports groundwater recharge, and strengthens community resilience to climate impacts, making it a strategic investment in both environmental sustainability and public safety.
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: APPROVE THE GRANT REA PARK NONPOINT SOURCE TRASH
ASSESSMENT AND REPORTING PLAN (NSTARP)
DATE: March 11, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve the Grant Rea Park Nonpoint Source Trash Assessment and Reporting Plan (NSTARP) (Attachment A) to the Los Angeles Regional Water Quality Control Board (LARWQCB) for trash total maximum daily load (TMDL) and to comply with waste discharge requirements (WDRs); and
2. Authorize staff to submit the Plan on behalf of the City to the Los Angeles Regional Water Quality Control Board; and
3. Authorize the City Manager to implement the Plan as required by the LARWQCB; and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
If the Los Angeles Regional Water Quality Control Board (LARWQCB) accepts the Plan, implementation of the program will be carried out using existing City staff and park maintenance contracts. Implementation may require a limited number of additional supervisory hours per month to oversee coordination and compliance activities, as well as modest resources for the preparation of periodic reports required under the program.
These reporting tasks may be completed by City staff or, if necessary, with assistance from the City’s stormwater consultant.
Overall, the estimated additional costs associated with implementation is expected to be less than $10,000 annually. These costs can be accommodated within the City’s existing
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
Measure W administrative and program budgets under Fund 229 and are included in the Annual Expenditure Plan as part of the Los Angeles County Safe, Clean Water Program. Therefore, no budget amendment is needed as part of the recommended actions.
BACKGROUND/DISCUSSION:
In 1999, several environmental non-governmental organizations (NGOs), including Heal the Bay, BayKeeper, and the Natural Resources Defense Council (NRDC), entered into a Consent Decree with the United States Environmental Protection Agency (USEPA).
The decree required the development of Total Maximum Daily Loads (TMDLs) for impaired water bodies throughout the Los Angeles region. As a result, the Los Angeles Regional Water Quality Control Board (LARWQCB) adopted multiple Trash TMDLs for the Los Angeles River Watershed over the past two decades, establishing waste load allocations and load allocations based on the Basin Plan’s objective of “zero trash” in receiving waters.
Once incorporated into regulatory orders—such as Municipal Separate Storm Sewer System (MS4) and National Pollutant Discharge Elimination System (NPDES) permits— these TMDLs became enforceable requirements for municipalities, including the City of Montebello. In addition to federal Clean Water Act requirements, California’s Porter- Cologne Water Quality Control Act allows the State to impose additional regulatory requirements beyond federal law.
On June 30, 2016, the LARWQCB expanded the Los Angeles River Watershed Trash TMDL to include non-point source trash discharges from areas such as riverside parks and recreational facilities. Under this amendment, the owners and operators of these facilities—primarily MS4 permittees such as cities—were designated as “Responsible Entities.” As a result, Montebello became responsible for monitoring, collecting, and reporting trash that could potentially enter nearby waterways from these locations.
To comply with these requirements, Responsible Entities were required to prepare Trash Monitoring and Reporting Programs (TMRPs) and Minimum Frequency of Assessment and Collection (MFAC) Plans. Although many jurisdictions submitted these plans, most were never formally approved by the Regional Board.
Most recently, on December 18, 2025, the LARWQCB adopted Order No. R4-2025-0289, establishing updated Waste Discharge Requirements for trash from non-point sources.
Under this order, the City of Montebello is identified as a “Responsible Entity” for Grant Rea Park due to its proximity to the Rio Hondo and the Los Angeles River watershed.
The order requires the City to prepare and implement a Nonpoint Source Trash Assessment and Reporting Plan (NSTARP) (Attachment A) to monitor, collect, and document trash that could potentially enter the watershed from this site. Complying with Order No. R4-2025-0289 ensures that the City of Montebello implements the required monitoring, collection, and reporting of nonpoint source trash, which supports the City’s obligations under its MS4 NPDES Permit to prevent trash from entering the stormwater system and receiving waters.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommend City Council adopt the Grant Rea Park Nonpoint Source Trash Assessment and Reporting Plan (NSTARP) (Attachment A) and authorize staff to submit the Plan to the Los Angeles Regional Water Quality Control Board (LARWQCB) no later than March 18, 2026. Additionally, staff recommend the City Council authorize the City Manager to implement the plan as required by the LARWQCB. Adoption of the NSTARP will allow the City of Montebello to comply with Order No. R4-2025-0289, which requires designated Responsible Entities to establish protocols for assessing, collecting, and reporting trash from nonpoint sources that may impact the Los Angeles River Watershed.
Approval of the NSTARP will formalize the City’s procedures for monitoring and documenting trash collection activities at Grant Rea Park and will ensure compliance with state water quality regulations. Implementation of the plan will also support the City’s ongoing efforts to maintain clean public spaces, protect nearby waterways such as the Rio Hondo, and demonstrate continued compliance with regional stormwater and watershed management requirements.
ATTACHMENT(S)
1. Attachment A - Grant Rea Park Nonpoint Source Trash Assessment and Reporting Plan (NSTARP)
Grant Rea Park Nonpoint
Source Trash Assessment
and Reporting Plan (NSTARP)
City of Montebello
Mar
ch 18, 2026
1561 E. Orangethorpe Avenue, Suite 240
Fullerton, California 92831
TEL (714) 526-7500 | FAX (714) 526-7004
www.cwecorp.com
ATTACHMENT A
Grant Rea Park Nonpoint Source Trash Assessment
and Reporting Plan (NSTARP) City of Montebello
Prepared On behalf of the
City of Montebello (WDID 4 19M1000140)
Prepared by:
1561 E. Orangethorpe Avenue, Suite 240
Fullerton, California, 92831
TEL (714) 526-7500 | FAX (714) 526-7004 | www.cwecorp.com
March 18, 2026
City of Montebello Nonpoint Source Trash Assessment
Grant Rea Park and Reporting Plan (NSTARP)
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Table of Contents
TABLE OF CONTENTS ................................................................................................................ II LIST OF FIGURES ..................................................................................................................... II ACRONYMS .............................................................................................................................. III
1. INTRODUCTION ............................................................................................................... 1
2. REGULATORY OVERVIEW ................................................................................................ 2
2.1 STATE AND LARWQCB WATER QUALITY CONTROL, OR BASIN, PLANS ................................................... 2
2.2 USEPA TMDL DEVELOPMENT CONSENT DECREE .............................................................................. 2
2.3 LAR WATERSHED TRASH TMDL AND AMENDMENTS ........................................................................... 3
2.4 LARWQCB MS4 NPDES PERMITS ............................................................................................... 4
2.5 CONDITIONAL WAIVER OF WASTE DISCHARGE REQUIREMENTS ............................................................. 5
2.6 NONPOINT SOURCE TRASH TMDL WASTE DISCHARGE REQUIREMENTS ................................................... 5
3. LA RIVER WATERSHED TO GRANT REA PARK ................................................................. 7
3.1 CITY OF MONTEBELLO ................................................................................................................ 7
3.1.1 Grant Rea Park ............................................................................................................... 7
4. GRANT REA PARK PAC/BMP PROGRAM ........................................................................ 10
4.1 HEALTH AND SAFETY PLAN (HASP) .............................................................................................. 10
4.1.1 Homeless Individuals ..................................................................................................... 11
4.2 PAC/BMP EVENTS .................................................................................................................. 11
4.2.1 PAC/BMP Schedule ........................................................................................................ 11
4.3 PAC/BMP STANDARD OPERATION PROCEDURES (SOP) .................................................................... 12
4.3.1 Critical Condition and Special Event Park Maintenance ..................................................... 14
4.4 STAFFING, REPLACEMENT, AND SUPERVISION ................................................................................. 14
5. NSTAAR .......................................................................................................................... 16
5.1 RESPONSIBILITY, AND DELEGATIONS ............................................................................................ 16
5.2 CONTENTS ............................................................................................................................. 16
5.2.1 Compliance Assessment ................................................................................................ 16
5.3 SUBMISSION DEADLINE AND , ..................................................................................................... 17
List of Figures
Figure 3-1. City of Montebello Map Showing Grant Rea Park Vicinity. .................................................... 8 Figure 3-2 Grant Rea Park Portion with Rio Hondo Levee Easement and Fencing. .................................. 8 Figure 4-1. Grant Rea Park PAC/BMP Trash Collection Walking Transect Pattern. ................................. 13
City of Montebello Nonpoint Source Trash Assessment
Grant Rea Park and Reporting Plan (NSTARP)
- iii -
Acronyms
BPA Basin Plan Amendment
BMP Best Management Practice
CEQA California Environmental Quality Act
CWWDR Conditional Waiver of Waste Discharge Requirements CWA Clean Water Act
EO Executive Officer
FCS Full Capture System
HASP Health and Safety Plan
LA Load Allocation
LACFCD Los Angeles County Flood Control District
LAR Los Angeles River
LARW Los Angeles River Watershed
LARWQCB Regional Water Quality Control Board, Los Angeles Region MFAC Minimum Frequency of Assessment and Collection
MS4 Municipal Separate Storm Sewer System
NGO Non-Governmental Organization
NPDES National Pollutant Discharge Elimination System
NPS Non-Point Source
NSTAAR Non-point Source Trash Assessment Annual Report
NSTARP Non-point Source Trash Assessment and Reporting Plan NWS National Weather Service
PAC Protocols for Assessment and Collection
PCD Partial Capture Device
PPE Personal Protective Equipment
SWAMP Surface Water Ambient Monitoring Plan
SWRCB State Water Resources Control Board
TMRP Trash Monitoring and Reporting Program
TTMDL Trash Total Maximum Daily Load
ULAR Upper Los Angeles River
USEPA United States Environmental Protection Agency
WDR Waste Discharge Requirements
WLA Waste Load Allocation
WMP Watershed Management Program
WQO Water Quality Objectives
City of Montebello Nonpoint Source Trash Assessment
Grant Rea Park and Reporting Plan (NSTARP)
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1. Introduction
Although prohibited by Federal, State, and Municipal ordinances, littering remains a societal dilemma.
Chapter 3 of the California State Regional Water Quality Control Board, Los Angeles Region (LARWQCB) Water Quality Control, or Basin, Plan identifies the following Water Quality Objectives (WQOs), which it interprets to prohibit the discharge, or release, of trash, litter, and debris to Waters of the State:
Waters shall not contain floating materials, including solids, liquids, foams, and scum, in concentrations that cause nuisance or adversely affect beneficial uses.
Water shall not contain suspended or settleable material in concentrations that cause nuisance or adversely affect beneficial uses.
As a result of a 1999 Consent Decree, between environmental Non-Governmental Organizations (NGOs) and the United States Environmental Protection Agency (USEPA), the LARWQCB adopted eleven unenforceable Trash Total Maximum Daily Loads (TMDLs), over the last two dozen years, with Waste and Load Allocations (WLAs and LAs) based on Basin Plan “Zero” Trash WQOs. After adoption into Orders, such as Municipal Separate Storm Sewer System (MS4), National Pollutant Discharge Elimination System (NPDES), Point Source, Permits and approval, these TMDLs/WQOs are enforceable. Permit requirements, that go beyond federal law, are subject to Porter-Cologne, which includes cost benefit, housing provision, and access to the Commission on State mandates.
In contrast with the LARWQCB Trash TMDLs, most Californians implement the Trash Provisions in State Water Resources Control Board (SWRCB) Resolution 2015-0019, adopted on April 7, 2015.
On November 6, 2018, Los Angeles County residents adopted Measure W, a property tax-based fee that significantly increased local housing costs. It is unclear whether property owners were aware that this parcel fee could be used to support unfunded state mandates.
On June 30, 2016, the LARWQCB applied Non-Point Source (NPS) LAs, in the Los Angeles River Watershed Trash TMDL, to include riverside recreational facilities (parks) and designated their owners, mostly MS4 Permittees, as “Responsible Entities”, rather than citizens discharging trash.
Although the Responsible Entities timely submitted their required Trash Monitoring and Reporting Program (TMRP) and Minimum Frequency of Assessment and Collection (MFAC) Plans, most were never approved, precluding submission of unfunded mandate test claims. The Trash TMDL NPS LAs were then inserted into the Conditional Waiver of Waste Discharge Requirements (CWWDRs) by the LARWQCB on September 10, 2020; however, the TMRPs and MFACs Plans continued to go unapproved. The submission of CWWDR Annual Reports was not even available until late 2023.
Following LARWQCB adoption of Order No. R4-2025-0289, Waste Discharge Requirements for Discharges of Trash from Nonpoint Sources in Waterbodies Subject to Total Maximum Daily Loads for Trash, on December 18, 2025, Responsible Entities, such as the City of Montebello, for designated facilities, such as Grant Rea Park, were to again develop Protocols for Assessment and Collection/Best Management Practices (PAC/BMP) program and submit it within a Nonpoint Source Trash Assessment and Reporting Plan (NSTARP) for approval followed by implementation.
Following LARWQCB Executive Officer (EO) Grant Rea Park NSTARP approval, City of Montebello Recreation and Community Service Field Supervisorial Staff will implement Chapter 4 monthly and critical event trash PAC monitoring and use the resulting data to determine if additional BMP optimization is necessary. Nonpoint Source Trash Assessment Annual Reporting (NSTAAR), from Chapter five, would be undertaken by technical staff or consultants familiar with California Environmental Data Exchange Network (CEDEN) and LARWQCB MS4 Permit (MS4P) reporting.
City of Montebello Nonpoint Source Trash Assessment
Grant Rea Park and Reporting Plan (NSTARP)
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2. Regulatory Overview
This Grant Rea Nonpoint Source Trash Assessment and Reporting Plan (NSTARP) is a State Regulator’s approach to efficiently applying taxpayer support to annually collect and assess 20.7 gallons, or less, trash from a 20.7-acre urban park, that the City of Montebello already cleans daily of trash and litter.
2.1 State and LARWQCB Water Quality Control, or Basin, Plans
After decades of legislative amendments, the State of California, Porter-Cologne Water Quality Control Act1, or Water Code2, has evolved into regulations best characterized as challenging to fully understand.
Similarly, the LARWQCB Water Quality Control, or Basin, Plan3 identifies water quality standards that identify: 1) Surface- and groundwater-based designated beneficial uses; 2) Numeric or narrative WQOs necessary to support the attainment of those beneficial uses; and 3) Consideration of the State Water Quality Anti-Degradation Policy, to protect existing high-quality waters from potential degradation.
Los Angeles River beneficial uses can be broadly categorized into: existing uses; such as groundwater recharge (GWR) and warm freshwater habitat (WARM); potential uses, such as for the preservation of rare and endangered species (RARE), industrial service supply (IND), and municipal drinking water supply (MUN); and LARWQCB identified trash impaired uses; including contact (REC1) and non-contact (REC2) recreation, commercial (COMM) and sport fishing (REC1), RARE, fresh (FRSH), estuarine (EST), and marine (MAR) aquatic habitat. LARWQCB staff assert that eliminating Point and Nonpoint discharge sources of trash, throughout the LAR watershed, will support the attainment water quality, aquatic habitat, enhance recreational beneficial use objectives, and is overwhelmingly in the public interest.
2.2 USEPA TMDL Development Consent Decree
The 1972 Federal Water Pollution Control, or Clean Water, Act (CWA) identified standards and regulatory strategies to improve water quality, while allowing for the delegation of rulemaking, or primacy, to the States; however, once adopted, these state regulations are subject to United States Environmental Protection Agency (USEPA) review, approval, and oversight. CWA Section 303(d) requires states to list impaired waters, now called State Integrated Reports4, from which TMDL or pollution “diets” were to be developed. In 1993, Board staff designated the LAR, below the Sepulveda Flood Control Basin, as impaired for trash, along with other water body pollutant combinations. Subsequently, the environmental Non-Governmental Organizations (NGO) Heal the Bay, Inc. (HTB), BayKeeper Inc. (now LA WaterKeeper or LAWK), and the National Resources Defense Council (NRDC), filed suit against the USEPA, for not developing TMDLs in the Los Angeles area. The resulting Consent Decree, filed on March 22, 1999, ordered the LARWQCB, with USEPA as a backstop, to establish twenty-nine TMDLs within seven years, with more to be completed during the following thirteen years. While this litigation placed modest new demands on the USEPA and LARWQCB, it imposed billions of dollars in costs on municipal Permittees.
1 https://www.waterboards.ca.gov/laws_regulations/docs/portercologne.pdf 2 https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=WAT&tocTitle=+Water+Code+-+WAT 3 https://www.waterboards.ca.gov/losangeles/water_issues/programs/basin_plan/ 4 https://www.waterboards.ca.gov/water_issues/programs/tmdl/2025_2026state_ir_reports_final/ proposed-final-2026-california-integrated-report-staff-report-track-changes.pdf
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2.3 LAR Watershed Trash TMDL and Amendments
On September 19, 2001, the LARWQCB adopted the Los Angeles River Watershed (LARW) Trash TMDL (TTMDL), as Resolution No. R01-013, that became effective after USEPA approval on August 28, 2002.
State TMDLs are planning documents made enforceable through inclusion in WDR, CWWDR, or NPDES Permit Orders. The LARW TTMDL defines trash as litter retained by a 5-millimeter screen, while the definition of litter in California Government Code Section 68055.1(g) states:
“Litter means all improperly discarded waste material, including, but not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waters of the state, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, sawmilling, or manufacturing […]” The LARW TTMDL established baseline and annual Water Quality-Based Effluent Limitations (WQBELs) trash discharge targets, reduced by approximately ten percent per year, until Load Allocations (LA) and Waste Load Allocations (WLA) of zero, the Basin Plan WQO, were effective beginning on October 1, 2015.
During the intervening period, Municipal Separate Storm Sewer System (MS4) NPDES Permit dischargers, other than Caltrans, assessed LARW TTMDL implementation based on Full Capture System (FCS) 5 installation or a mass balanced approach using a combination of Daily Generation Rate (DGR), Partial Capture Device (PCD), and FCS installations. Subsequently, the Court of Appeal had the TMDL set aside, due to California Environmental Quality Act (CEQA) deficiencies, which occurred through LARWQCB adoption of Resolution No. 06-013 on June 8, 2006; effective July 17, 2006.
Following CEQA revisions, the LARWQCB adopted Resolution 2007-012 an Amendment to the Water
Quality Control Plan for the Los Angeles Region to Incorporate a Total Maximum Daily Load for Trash in the Los Angeles River Watershed, on August 9, 2007, which became effective following USEPA approval on September 23, 2008. Although this LARW TTMDL Basin Plan Amendment (BPA) included verbiage relating to NPS discharges, no NPS LA controls were identified for MS4 Permittees. Following, LARWQCB adoption of Order NO. R4-02009-0130, on December 10, 2009, which amended the 2001 MS4 Permit, then the EO issued a January 25, 2010, letter revising LARW TTMDL annual reporting requirements, until supplanted by reporting requirements in the November 8, 2012, fourth term MS4 NPDES Permit (MS4P).
On June 11, 2015, the LARWQCB adopted Resolution No. R15-006, Amendment to the Water Quality Control Plan for the Los Angeles Region to Revise the Total Maximum Daily Load for Trash in the Los Angeles River Watershed and the Total Maximum Daily Load for Trash in the Ballona Creek Watershed 6, which became effective on June 30, 2016. Receiving Water Trash Monitoring and Reporting Program (TMRP) Plans were due December 30, 2016; however conflicting directions resulted in most remaining unapproved. Receiving water NPS LA trash discharges from “people or wind” were ignored while “Responsible Entities”, mostly MS4 Permittees with parks along the LAR and its tributaries, were to develop MFAC/BMP Program Plans “Upon enrollment in Conditional Waiver of WDR for trash, or no later than two years from the effective date of the TMDL”. A July 6, 2016, LARWQCB EO NOTIFICATION OF
EFFECTIVE DATE FOR THE REVISED TOTAL MAXIMUM DAILY LOAD FOR TRASH IN THE LOS ANGELES
RIVER WATERSHED AND THE TOTAL MAXIMUM DAILY LOAD FOR TRASH IN THE BALLONA CREEK
5 http://www.waterboards.ca.gov/losangeles/water_issues/programs/tmdl/full_capture_certification.shtml 6 https://www.waterboards.ca.gov/losangeles/board_decisions/basin_plan_amendments/technical_ documents/bpa_106_R15-006_td.html
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WATERSHED, reiterated that “Responsible Parties in the Los Angeles River Watershed and Ballona Creek Watershed and assigned Load Allocations shall submit a Minimum Frequency Assessment and Collection (MFAC) Program Plan upon enrollment in a Conditional Waiver of WDRs for trash, or no later than June 30, 2018.” These Plans also went unapproved, as the Conditional Waiver was not adopted until 2020.
2.4 LARWQCB MS4 NPDES Permits
On November 8, 2012, the LARWQCB adopted its fourth term Coastal Los Angeles County MS4 NPDES Permit as Order No. R4-2012-0175 (CAS004001), Case Investigation (CI) No. 69487, which became effective on December 28, 2012. Permittee were encouraged to form collaborative Watershed Management Program (WMP) and Enhanced WMP (EWMP) Groups, prioritizing the construction of Watershed Control Measures (WCMs) to reduce runoff and pollutant discharges through an Adaptive Management Process (AMP). The City of Montebello joined the Upper Los Angeles River (ULAR) EWMP Group, led by the City of Los Angeles, and substantially looked to this partnership for permit compliance guidance; including development of a March 29, 2016 dated ULAR EWMP Plan and Reasonable Assurance Analysis (RAA) that received LARWQCB EO approval on April 20, 2016. Although Permittees were required to annually submit LARWQCB Trash TMDL spreadsheet reports, the Permit did not contain LARWQCB TMRP or MFAC/BMP reporting requirements for some TMDLs, such as that for the LARW.
Following the June 30, 2016, USEPA approval of LARWQCB Order R15-006 regarding the LARW and Ballona Creek TTMDL Amendments, the Regional Board adopted Resolution No. R4-2012-0175-A018, on September 8, 2016, amending the Los Angeles County MS4 Permit. Ignoring Caltrans, this resolution directed that LARW TTMDL compliance be annually assessed based on: 1) Full Capture System (FCS) deployment; 2) Mass balance approach using Daily Generation Rate (DGR), Partial Capture Device (PCD), and FCS data; 3) A scientifically based alternative approach; or 4) an MFAC approach, if allowed by the TMDL; which was not the case for LARW TTMDL. On November 23, 2016, five weeks before the initial TMRP deadline, the LARWQCB EO noticed MS4 Permittees regarding the availability of the amended 2016 MS4 Permit and to anticipate that CWWDRs would address the NPS LA and MFAC/BMP program plans.
Following adoption of CWWDRs for LARWQCB Trash TMDLs on September 10, 2020, as will be further characterized in the next section, the Board adopted its fifth term Regional MS4 Permit, on July 23, 2021, as Order No. R4-2021-0105 with an effective date of September 10, 2021, which coincidentally was the CWWDR TMRP and MFAC/BMP Program Plan submission deadline date. While the June 11, 2015, amended LAR TTMDL and June 30, 2016, amended MS4 Permit required Permittees to submit LARW TMRP Plans for LARWQCB EO approval, the fifth term MS4 Permit deleted this requirement due to the Waiver. The resulting confusion was exacerbated when the Upper Los Angeles River (ULAR) WMP Group, which includes the City of Montebello, Lead Agency asserted having LARWQCB EO approval of its 2016 and 2018 TMRP. This MS4P required TMRP included the LARW TTMDL “Responsible Entities” and met CWWDR TMRP and MFAC/BMP Program Plan requirements; however, no approval has been forthcoming.
Implementation of this TMRP was jurisdictionally limited to the City of Los Angeles and no CWWDR MFAC/BMP Program implementation was undertaken by most of the other “Responsible Entities”.
7 https://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/municipal/index.html#1 8 https://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/municipal/ los_angeles_ms4/2016/Letter_R4-2012-0175-A01.pdf
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2.5 Conditional Waiver of Waste Discharge Requirements
Following the aborted effort to assign “people or wind” Trash TMDL NPS LA discharges to PS MS4Ps, a likely unfunded State mandate, on September 9, 2020, the LARWQCB adopted Order No. R4-2020-0112, Conditional Waiver of Waste Discharge Requirements for Discharges of Trash from Nonpoint Sources in Waterbodies Subject to Total Maximum Daily Loads for Trash9. This order was immediately effective for approved MS4P derived TMRPs; however, it also directed “Responsible Entities” to develop TMRP and MFAC/BMP Program Plans for Board approval, then Permittee implementation. The City of Los Angeles re-submitted its 238-page TMRP, dated December 15, 2016, while the Los Angeles County Flood Control District (LACFCD) re-submitted its one-page TMRP dated 29, 2016, and both asserted that their TMRPs were approved under this order. The City of Los Angeles continued its jurisdictional monitoring on behalf of the “Responsible Entities” identified in the Plan; however, it appears unlikely that other MFAC/BMP programs were implemented. It is unclear how many TMRPs or MFAC/BMP Plans were submitted for review after order adoption; however, most LARW TTMDL “Responsible Entities” have not been notified of Plan comments or approval. Meanwhile, the Trash TMDLs CWWDR expired on September 10, 2025.
2.6 Nonpoint Source Trash TMDL Waste Discharge Requirements
On December 18, 2025, the LARWQCB adopted, effective immediately, Order No. R4-2025-0289, WASTE
DISCHARGE REQUIREMENTS FOR DISCHARGES OF TRASH FROM NONPOINT SOURCES IN WATER BODIES SUBJECT TO TOTAL MAXIMUM DAILY LOADS FOR TRASH10, to replace the expiring CWWDR Order No. R4-2020-0112. The eleven Trash TMDLs, merged into this order, have divergent histories, contrasting starting points, and regulate NPS responsible entities with contrasting characteristics. This order reiterates that TMDLs can impose costly unfunded state mandates, different than those imposed through MS4 NPDES Permits. While the order designated “Responsible Entities” may accept LARWQCB EO approved cost-effective implementation strategies, the decision to file a test claim is separate and its veracity will be determined through a legal process distantly related to the current regulatory action.
Part I, Section 1, states: This Order serves as general Waste Discharge Requirements for Discharges of Trash from Nonpoint Sources in Waterbodies Subject to Total Maximum Daily Loads for Trash (General WDRs or General Order). The requirements established in this General Order ensure that the load allocations for trash established by the TMDLs listed in Table 1 below (collectively referred to as Los Angeles Region Trash TMDLs) are attained. This General Order establishes requirements to prevent and address water quality impacts to waters of the state as a result of trash from nonpoint sources. We note that point sources of trash, for the Responsible Entities identified in Appendix 1 to the Order, have been controlled to the Maximum Extent Practicable (MEP) WQO of zero, through iterative LARWQCB MS4Ps.
The primary distinctions between the definitions of “Nonpoint source pollution” and “Point source pollution”, in Part III Sections 21 and 22, are the means of conveyance, not the water sources, as suggested. For this NSTARP, the Responsible Entity defines “Nonpoint source pollution” as “Fugitive trash, litter, or debris at, or from, a monitoring site identified in Appendix 1 to this order, with significant potential for being directly deposited in an adjacent Los Angeles River tributary.”
9 https://www.waterboards.ca.gov/losangeles/water_issues/programs/tmdl/waivers/2021/Conditional WaiverTrash_Final-ADACompliant.pdf
10 https://www.waterboards.ca.gov/losangeles/water_issues/programs/tmdl/waivers_and_wdrs/2025/ 2025_trash_wdrs_order_revised_draft.pdf
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Part IV, Section 35.d of the Order asserts that the LARWQCB made “Economic Considerations” in adopting the Order; however, Order costs are substantially dependent on the contents of the LARWQCB EO approved NSTRAP document. We believe this NSTARP to be cost-effective for the Responsible Entity, so long as changes are not required for approval. The following Order section states that “The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports.” We note that for Grant Rea Park, the Order benefit is less than 21 gallons of trash per year, of mostly biodegradable paper.
As stated in Part VI, Section 61: This General Order applies to discharges of trash from nonpoint source areas. The LARWQCB regulates most areas, of the Responsible Entities, including the City of Montebello, under a separate POINT SOURCE MS4 NPDES Permit Program. As stated in Order Section 62: This General Order does not apply to discharges that are subject to the NPDES permit program under the federal Clean Water Act… restated, it is a state or regional Water Board mandate, not a Federal one.
Within the entirety of Part X of the Order, only portions of Section 16 apply to the Grant Rea NSTARP and subsection “n” is both inapplicable and the referenced submittals are no longer required and inapplicable.
As in many other portions of the Order and Staff Report, that accompanied it, Subsection 16.d.2 states that
PAC protocols may be based on SWAMP protocols for rapid trash assessment or alternative protocols proposed by dischargers and approved by the Executive Officer. Since the Order provided no further guidance, and in consultation with Board staff, we reference the SWAMP Clean Water Team Citizen Monitoring Guidance Compendium for Watershed Monitoring and Assessment11, particularly Subsection
4.3.1. Trash, Litter, and Garbage, and the four Rapid Trash Assessment subsections therein.
Within Part XI, section 19, Water Code Sections referring to a “Person” are not applicable to the Responsible Entity, that is the City of Montebello, which owns and operates the monitoring site for the benefit of the residents of the state of California, County of Los Angeles, and City of Montebello.
11 https://www.waterboards.ca.gov/water_issues/programs/swamp/clean_water_team/guidance.html
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3. LA River Watershed to Grant Rea Park
The LARW headwaters include the Santa Monica, Santa Susana, and San Gabriel Mountains, which drain through 640 square miles of the urbanized San Fernando and San Gabriel Valleys, Central Los Angeles, and Gateway Cities Regions, before discharging to Long Beach Harbor, San Pedro Bay, and the Pacific Ocean. The 120 square mile Rio Hondo subwatershed is the largest of the LAR tributaries, primarily draining from the western San Gabriel Valley and foothills. The subwatershed includes many spreading grounds and basins that are operationally important for recharge and replenishment of groundwaters in the Raymond, Main San Gabriel Valley, and Central Basins. The Whittier Narrows Recreation Area and Dam, which detains peak Rio Hondo and San Gabriel River flows to prevent regional flooding, are partially located in the northeastern portion of the City of Montebello. Rio Hondo flows, passing through the dam, may be diverted into the Rio Hondo Spreading Grounds along the western side of the City of Pico Riveria and eastern side of the City of Montebello, and, to a lesser degree, the Cities of Bell Gardens, Commerce, and Downey. Undiverted flows confluence with the Los Angeles River just north of Imperial Highway.
Despite the intervening County levee, Bike Path, Equestrian Trail, and fencing, the mostly dry Rio Hondo led to Grant Rea Park being identified as a Monitoring Site, and City of Montebello a Responsible Entity, in Appendix 1 of LARWQCB Order R4-2025-0289, WDRs for NPS of Trash in LARWQCB Trash TMDLs.
3.1 City of Montebello
With an area of 8.37 square miles and April 1, 2020, population of 62,640 Montebello is a mixed land use, mid-sized, LARW city that drains to Rio Hondo Reaches 1, 2, and 3. Through the installation of Full Capture System (FCS) Connector Pipe Screens (CPS) in the over 1,100 catch basins, most owned by the LACFCD if jurisdictionally within the City, Montebello has significantly contributed, at significant costs, to the control of point source trash and progress towards achieving the zero WLA in the LARW TTMDL and LARWQCB 2021 MS4P. As an Appendix 1 Responsible Entity and Monitoring Site in LARWQCB Order No.
R4-2025-0289, the City of Montebello is preparing to implement, hopefully cost-effectively, NPS trash LA controls following LARWQCB EO approval of this Grant Rea Park NPSTARP with PAC/BMP procedures.
3.1.1 Grant Rea Park
As shown in Figure 3-1, Grant Rea Park is a 20.7-acre neighborhood municipal park, in northeastern Montebello, at 600 Rea Drive. The park features a children’s playground, charcoal grills, tables, picnic shelters, a variety of mature trees, open space play area, multiple walking paths, four baseball fields, the Montebello Barnyard Zoo, access points to the Rio Hondo Bike Path, and public restrooms. The park is fenced on all sides for safety, which also minimizes the discharge of windblown trash and litter. The park is bordered on three sides by streets, with the north and west sides further bordered by single-family homes, while Los Angeles County Parks and Recreational and LACFCD facilities line the east side.
As shown in Figure 3-2, this County easement results in a wide flood management and recreational buffer, owned and maintained by the County of Los Angeles, which is another WDR Responsible Entity, between the City of Montebello Grant Rea Park and the expansive, normally dry, Rio Hondo trapezoidal concrete channel “receiving water”. The Grant Rea NSTARP and PAC/BMP procedures are limited to the City of Montebello and Grant Rea Park only and any occurrences of noncompliance should consider the potential contribution of NPS trash discharges recreating along the Bike and Equestrian Trails, along with the trash collection procedures and schedules followed by those Los Angeles County Departments.
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Figure 3-1. City of Montebello Map Showing Grant Rea Park Vicinity.
Figure 3-2 Grant Rea Park Portion with Rio Hondo Levee Easement and Fencing.
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3.1.1.1 Grant Rea Park Maintenance
The City of Montebello Department of Recreation and Community Services12 Director (David Sosnowski) oversees, operates, and coordinates over 84 developed acres, including Grant Rea and nine other Parks, multiple athletic fields, outdoor pickle-ball, basketball, tennis courts, an indoor gymnasium, a skate park, two pools, a splash pad, batting cages, a barnyard zoo, a youth center, an outdoor amphitheater, and a senior center. Picnic areas and ballfields at Grant Rea Park are available for rent and reservations are accepted following Facility Use Policy, including trash13, litter, and debris removal, signature. Significant Grant Rea Park amenities, restrooms, refuse containers, and picnic facilities are checked for cleanliness daily, by either contractors or City staff, along with daily litter collection at scheduled park portions, (staff or public) reported locations, and where refuse containers are inconsistently used. Trash, litter, debris, and other irregular or unscheduled maintenance issues can be reported by phone to the Department gf Recreation and Community Services at (323) 887-4540 or online using the My Montebello App14.
During their daily morning shift, Recreation and Community Services Department Staff and contractors, drive logo-marked maintenance trucks through the park to the restrooms which are sanitized, refilled with toilet paper and soap, trash receptacle emptied, and any nearby litter collected. A similar procedure is followed at the picnic shelter, picnic benches, free-standing grills, playground, and trash receptacles where trash or graffiti is removed, then litter collected by trash tong and bucket. Next, the truck is driven to collect any large or heavy debris or broken branches in the park or adjacent street gutters.
Finally, the park is purposefully walked, using a back and forth shifting linear pattern, to collect smaller items of litter using a trash tong or work gloves and a plastic bucket. If any unusual or intensive maintenance needs are identified, such as broken picnic benches, playground equipment, sinks or toilets, large fallen tree branches or trees, or holes cut in the perimeter fencing, that area is demarcated with caution tape and additional maintenance support enlisted. All collected trash, litter, debris, and other materials are appropriately and sanitarily disposed of in the Park trash bins or at the Public Works Yard.
The Grant Rea Park Facility Supervisor typically inspects park conditions on Monday and Thursday or when other issues require their specific onsite attention. All facility staff and contractors cross train new employees in their specific responsibilities and duties. This includes interacting with the unhoused, careful collection or reporting of potentially hazardous materials, and the use of Personal Protection Equipment (PPE), such as work and bio-contamination gloves, trash tongs, and plastic bags. The determination of trash broadly follows that used in the General WDR Order which asserts that: “Trash is junk or rubbish generated by human activity, such as cigarette butts, paper, fast food containers, plastic grocery bags, cans and bottles, used diapers, construction site debris, industrial preproduction plastic pellets, old tires, and appliances”; however that definition is further expanded to include the collection of broken toys, papers, large volume food wastes, balloons, soiled clothes, and other discarded materials.
When City or contractor staff are found to have neglected their assignments, their immediate Field Supervisor is advised to undertake corrective training, or when necessary prepare documentation to support further Human Resources mediated employment actions. Trash and debris along the Grant Rea Park LACFCD fenceline may be more accessible and removed from the park side, however, materials closer to the County Bike Path or Rio Hondo Channel are the responsibility of those Responsible Entities.
12 https://www.montebelloca.gov/departments/recreation_community 13 https://cdnsm5-hosted2.civiclive.com/UserFiles/Servers/Server_58672/File/Departments/Recreation %20Community/Current%20Facility%20Policy%20%20REVISED%2004.19.22.pdf 14 https://cityofmontebello.hosted2.civiclive.com/cms/one.aspx?portalId=58756&pageId=79084
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4. Grant Rea Park PAC/BMP Program
As established in the LARWQCB adopted Order No. R4-2025-0289 in Appendix 1, a PAC/BMP Program is required to be established for Grant Rea Park, which subjects the City of Montebello, as the Responsible Entity, to collect, assess, and dispose of all accumulated trash found in the park, as depicted in Figure 4-1, during the PAC event.
City parks are primarily operated and maintained by municipal staff and contracted maintenance providers in a cost-efficient manner. Routine maintenance activities include the regular emptying of trash receptacles, cleaning of restroom facilities, and collection of any scattered trash or fugitive litter within park grounds. These activities are performed on an ongoing basis and verified by City Field Supervisors.
The primary objective of the Grant Rea Park PAC/BMP Program implementation is to enhance documentation and reporting of these existing maintenance activities. This documentation will support annual reporting requirements and may be incorporated into the Upper Los Angeles River Watershed Management Program (ULAR WMP) Group Annual NSTRAP Report, attached to the City’s MS4 Permit Individual Annual Report, or included in the City’s Los Angeles River Trash Total Maximum Daily Load (LAR TTMDL) Annual Compliance Report.
To maintain cost efficiency, the City’s implementation approach is to supplement the existing park maintenance program with a modest, incremental increase in documentation and reporting by City Field Supervisors, rather than establishing a new or separate operational program.
All trash observed within the designated Priority Assessment Category (PAC)/Best Management Practice (BMP) and Non-Structural Trash Reduction and Assessment Plan (NSTRAP) investigation areas will be collected and properly disposed of. Trash accumulation will be evaluated only during the PAC monitoring events and will not include trash deposited between monitoring periods, as the City conducts routine maintenance and trash removal through existing daily and scheduled operations. Monitoring activities will be conducted in accordance with applicable Surface Water Ambient Monitoring Program (SWAMP) protocols and reference guidance.
Based on SWAMP methodology, a trash threshold of 640 gallons per square mile is equivalent to approximately 1 gallon per acre. When applied to Grant Rea Park, which encompasses approximately 21 acres, the calculated threshold equates to 21 gallons of trash per year. This volume represents a relatively small quantity when distributed across the monitoring period. On a quarterly basis, this threshold equates to approximately 5.3 gallons per calendar quarter (three months). Alternatively, if monitoring occurs on a shorter interval, such as every two months, the equivalent threshold would be approximately 3.3 gallons per monitoring period.
The City’s objective is to implement monitoring and maintenance practices that demonstrate a progressive reduction in trash accumulation over time, consistent with the intent of the MS4 Permit and applicable Trash TMDL requirements.
4.1 Health and Safety Plan (HaSP)
Following initial employment, city and contract staff are provided with task suitable Health and Safety Plan (HASP) and risk reduction training. Prior to performing a PAC event, maintenance staff are required to hold a Tailgate Safety Meeting and complete the Site Safety Checklist depicted in Table 4-1. Facility maintenance and trash collection entails unexpected conditions that may potentially result in health, or
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equipment, associated risks, such as off-road driving, exposure to contaminated materials, extreme weather conditions, wild/poisonous animals/insects, and potentially aggressive/protective individuals experiencing homelessness. Direct trash contact should be avoided due to the physical and health hazards that may include concealed hypodermic needles, toxics, human waste, drug use, or manufacturing, paraphernalia. Maintenance staff should exercise good judgment, such as breaking apart trash piles with a sand rake or tongs and wearing latex or nitrile sanitary gloves inside of work gloves.
Maintenance staff have access to, and are directed to use, adequate Personal Protection Equipment (PPE) including both sanitary and work gloves, safety boots, knee pads, visibility shirts/vests, hard hats, trash tongs, and safety goggles or glasses. Clean water, disinfectant, and other first aid items should always be available in the truck.
4.1.1 Homeless Individuals
Field staff should exercise extreme care in collecting trash near homeless or potential substance abusers.
Use your best judgment in distinguish between trash and someone’s perceived possessions. Should an aggressive individual be encountered, the best option is usually to end trash collection, retreat to the safety of your vehicle, and immediately report the incident to the Field Supervisor or law enforcement.
4.2 PAC/BMP Events
While the General WDR Order references State Surface Water Ambient Monitoring Program (SWAMP) Rapid Trash Assessment (RTA) protocols, they are applicable to wadeable streams and require slight process modifications to be used in urbanized municipal parks as detailed in the standard operation procedures section. To avoid collection calibration, methodological, and assessment discrepancies, this plan anticipates that monthly PAC events will be undertaken by Field Supervisorial staff almost exclusively midday on Mondays. Since Supervisorial staff work Monday to Thursday, excluding holidays, and Grant Rea Park rarely hosts special events, we anticipate that nearly all Critical Condition or Special Event initiated PAC events would occur on either Monday or Thursday. This scheduling supports the delivery of trash and litter collection feedback to primary maintenance staff, which should further reduce potential discharges. Supervisorial staff usually provide new hire HASP and risk reduction training and supply PPE, alleviating these General WDR Order PAC Event concerns for this location.
4.2.1 PAC/BMP Schedule
The above identified routine park maintenance, trash, and litter collection activities are scheduled for, and normally occur on, Monday mornings at Grant Rea Park, subject primarily to holiday adjustments and higher priority immediate needs at other City facilities.
Since the Responsible Entities conduct daily and more frequent trash collection at the subject NPS facilities, regardless of the Order, a PAC event initial frequency of once per month, during the last week of the month, is proposed.
Scheduled regularly, and post-event, maintenance is performed at Grant Rea Park by city staff that empty trash receptacles, clean picnic and restroom facilities, and collect litter; while the monthly scheduled, and post-event, PAC/BMP is performed by Supervisory staff that search for fugitive trash which is then collected into a two-gallon lidded plastic bucket with a line drawn, half of the way up, to represent 1 gallon, for consistent cumulative tracking of the 21.7-gallon, July 1 to June 30, annual trash load. The contents are photographed regularly, for annual trash
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reporting documentation, and to guide BMP implementation. When annually collected trash exceeds 21.02-gallons, corrective BMP actions would be initiated by the City Supervisor which, depending on the trash source, amount, and type, may include the following:
Oral trash and litter control re-education and training of maintenance staff; Written trash and litter control education, methods, and training for maintenance staff; Placement or replacement of additional suitable institutional trash receptacles; Oral and then written notice of incomplete services contract execution; Maintenance staff replacement, reassignment, or termination; Revocation of services contract for non-performance; and Increased frequency of facility maintenance and/or PAC oversight.
4.3 PAC/BMP Standard Operation Procedures (SOP)
A PAC event, or assessment, emphasizes the visual identification and cumulative annual collection of trash and litter, following normal maintenance activities. If maintenance activities are effectively being performed, the PAC events should cumulatively identify little to no trash. If PAC events collect and dispose of more than 20.7 gallons annually, the maintenance program needs improvement. If less than
20.7 gallons of trash is collected annually, then the City may request from the LARWQCB a reduction in the frequency of PAC events conducted. PAC trash collection events should be performed when park and weather conditions are safe and ambient light levels sufficient to meet the program objectives of trash and litter collection and disposal.
Part X. Section 16.c.2. describes that load allocations for Responsible Entities within the Los Angeles River Watershed Trash TMDL shall not exceed 640 gallons per square mile per year, which for Grant Rea Park allots a total of 20.7 gallons of trash per year. A bucket capable of holding more than 20 gallons would be unmanageable for field collection, thus highlighting the importance of accurately recording the cumulative total and allowing the waste to be disposed of when the 2 gallon plastic bucket reaches its capacity.
Performance of a PAC event requires the following equipment: appropriate PPE, 2 gallon marked plastic bucket with lid, and trash tongs. After leaving the bucket lid in the car, the Field Supervisor would start about ten feet south and ten feet west of the Northwest park corner, then walk due east, seventy-five feet to the opposite end of the park, before turning south and walking twenty feet, then turn and walking three hundred feet due east, before again walking twenty feet south. This pattern would be repeated with each east to west and west to east transect being about twenty feet further south than prior , as shown in Figure 4-1. The total distant covered would be about two miles and should require less than two hours. As any trash or litter is observed, it would be collected with the trash tongs or by gloved hand and added to the plastic bucket.
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Figure 4-1. Grant Rea Park PAC/BMP Trash Collection Walking Transect Pattern.
Once the PAC transect of the park has been completed, and any trash or litter collected, the Field Supervisor would then return to their vehicle and complete the next data row of the Grant Rea PAC Reporting Form, shown on Table 4-2. The first four columns refer to the date, time, individual performing the PAC, and type of PAC Event completed, which will normally be “monthly”, with a limited number of “critical” (wind) condition or “special” events. The trash column will contain the cumulative annual July 1 to June 30, volume of trash and litter collected. Extra lines, at 0.1-gallon increments, may be added to the bucket, if needed for estimation purposes. The trash may be compacted to compress crumpled paper or cups and present a flat surface for total volume estimation, but not unreasonably crushed to reduce the cumulative volume, with between 5-10 pounds of compressive force being permitted to use (approximately 1 liquid gallon of water weight) for paper cups and similar containers.
This data form may be photocopied or printed as a single page from this Grant Rea PAC/BMP Program Plan. With approximately thirty rows per sheet, one sheet should generally be sufficient for a year of reporting. Between events, the lid should be snapped back onto the bucket so that the cumulative volume remains, until end of year disposal on June 30th. A digital photograph, with time stamp, of the bucket contents should be taken for each event and archived digitally on an agency computer/server , to document and validate ongoing collection of the annual cumulative trash and litter volume collected. The comment column may note that a photo of the bucket contents was taken, unusual issue(s), such as trash placement between maintenance and completion of the PAC Event, or another mitigating factors.
City of Montebello Nonpoint Source Trash Assessment
Grant Rea Park and Reporting Plan (NSTARP)
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4.3.1 Critical Condition and Special Event Park Maintenance
Although the General WDR Order makes nineteen references to “critical conditions” as a PAC event initiation criterion, only footnote 3, defines it as a high wind event defined as a “periods of wind advisories issued by the National Weather Services”, but limits it to Specific Provisions Section 10, the Malibu Creek Watershed TTMDL, and not Section 16, the LARW TTMDL. Due to the many large and mature trees at the park, high winds often result in downed branches and for supplemental maintenance, including trash and litter collection. A critical condition event would be triggered by any wind events with sustained winds of 31 to 39 mph for an hour or more and/or wind gusts of 46 to 57 mph for any duration. The Field Maintenance Supervisor is able to accesses specific site weather data at https://www.weather.gov/wrh/print?lat=34.07&lon=-118.1, while regional weather advisories issued by the National Weather Service (NWS) Oxnard Forecast Office, including those for wind, are posted at https://www.wrh.noaa.gov/total_forecast/getprod.php?afos=afdlox&wfo=lox&new .
Likewise, the General WDR Order, makes three references to “special events” being a PAC event initiation criterion, when safe, including Specific Provisions Section 12, which references the LARW TTMDL; however, no further definition or clarification was apparent in the order, so any interpretation by the City is subjective. As stated above, at 20.7 acres, a few benches, one restroom facility, and the majority of open space being allocated to baseball fields the park is poorly suited for public special events, which the City would normally hold at Montebello Park, which is not adjacent to LARW tributaries. Supplemental park maintenance may be necessary in response to holidays, warm weather, and staff, resident, Water District, or Sherriff Deputy reports of excessive litter.
4.4 Staffing, Replacement, and Supervision
When the NSTRAP responsible person leaves the Responsible Entity without training a replacement, the Responsible Entity is only responsible for training a replacement as soon as supervisory personnel are made aware of the change in employment. Access prohibition by another agency is a cause for non- compliance, until such time as agency differences can be resolved.
City of Montebello Nonpoint Source Trash Assessment
Grant Rea Park and Reporting Plan (NSTARP)
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Table 4-1. Grant Rea Park PAC/BMP Trash Assessment and Reporting Form.
Grant Rea Park PAC Program:
Trash Collection Recording Sheet
Event Type: Monthly, Critical (Wind) Condition, or Special Event.
Trash: If July 1 to June 30 Trash Exceeds 20.7 Gallons, additional corrective actions and Best Management Practices (BMP) must be proposed, implemented and capture effectiveness documented.
Comments: Assess trash type/source, volumes, and conditions Date Time Name of PAC Event Lead Event Type Trash (gal) Trash Type/Comments
City of Montebello Nonpoint Source Trash Assessment
Grant Rea Park and Reporting Plan (NSTARP)
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5. NSTAAR
As summarized in Section 2, the 2025 Trash General WDR for Discharges of Trash from Nonpoint Sources regulatory foundation is uneven, and annual reporting requirements incongruent, based on the requirement for LARWQCB EO review and approval of a revised or affirmed NSTARP for the Los Angeles River Trash TMDL. Since the NSTARP emphasizes receiving water trash monitoring from many nonpoint sources, while a PAC/BMP Program “consists of regularly scheduled trash assessment, collection, and disposal” and “Responsible entities shall implement PAC/BMP programs approved by the Executive Officer” the City has prepared this Grant Rea Park PAC/BMP Program Plan with the intent of directly submitting for Board approval.
5.1 Responsibility, and Delegations
Title or consultant, back up DPW. Notification Letter. Certification?
5.2 Contents
Since Specific Provision 16.e, of the Trash General WDR for Discharges of Trash from Nonpoint Sources, directs that “Responsible Entities for the Los Angeles River Trash TMDL shall submit annual NSTARP reports on or before December 15” with the following PAC/BMP program elements included, Responsible Entities will submit the required reports to the location identified by Elisha Wakefield, of the LARWQCB, submittal guidelines.
A report of any non-compliance with PAC/BMP program requirements from the previous year; A report on the amount of trash collected at each PAC event from the previous year; An analysis of PAC Event results, which if showing annual trash and litter PAC collection volumes above 20.7 gallons or increasing trends, proposes additional BMPs and PAC events; If PAC Event annual trash and litter collections are decreasing, and less than 20.02 gallons, the LARWQCB EO may approve a revised PAC/BMP Program with longer intervals between Events.
The NSTARP Annual Report will be due each first August business day, following the first July first to June 30 th reporting year, after receipt of the LARWQCB EO written approval of the Responsible Entity, or facility, draft NSTARP. Statistically significant increasing trend over at least four annual periods. Should the Responsible Entity achieve WQOs for four years, the RE may request release for this or future derived orders. X.22 only this NPSTARP.
California Environmental Data Exchange Network
15 (CEDEN)
All data collected as part of PAC/BMP programs will be submitted to the LARWQCB in California Environmental Data Exchange Network
16 (CEDEN) compatible electronic tabular format.
5.2.1 Compliance Assessment
15 https://ceden.org/index.shtml
16 https://ceden.org/index.shtml
City of Montebello Nonpoint Source Trash Assessment
Grant Rea Park and Reporting Plan (NSTARP)
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Compliance for PAC/BMPs will be assessed through the verification of field activities by reviewing archived photographic documentation, ensuring the PAC events were conducted at the scheduled intervals (or noting otherwise if events needed to be rescheduled due to holidays or unforeseen circumstances) and through reviewing the PAC/BMP Trash Assessment and Reporting Form in reference to archived photos to ensure the volume of trash collected is accurately reflected on the forms. Once the reporting form has been completed for the year and the reported activities match the photographic documentation, the cumulative total volume of trash will be assessed, leading to one of the following: a continuation of PAC/BMP protocols, a reduction in number of PAC events, or implementation of additional BMPs in the event that more than 20.7 gallons of trash were collected within the reporting period.
5.3 Submission Deadline
The City of Montebello will submit the required annual report to the Los Angeles Regional Water Quality Control Board (LARWQCB) no later than September 1 of each reporting year. The report will be transmitted electronically to the Regional Board at [email protected] , in accordance with applicable reporting requirements.
The submittal will document the City’s implementation activities associated with the Grant Rea Park PAC/BMP Program, including monitoring observations, maintenance activities, trash collection documentation, and any other relevant information demonstrating compliance with applicable Trash Total Maximum Daily Load (TMDL) requirements and the City’s MS4 Permit obligations.
Where applicable, the information may also be incorporated into the Upper Los Angeles River Watershed Management Program (ULAR WMP) Group Annual NSTRAP Report, the City’s MS4 Permit Individual Annual Report, or the Los Angeles River Trash TMDL Annual Compliance Report, as appropriate, to ensure consistent and coordinated regulatory reporting.
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: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4249 WITH
LADAYU CONSULTING GROUP FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES
DATE: March 11, 2026
RECOMMENDATIONS:
It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 4249 between the City of Montebello and Ladayu Consulting Group to increase compensation by $450,000 for the remainder of the contract period, bringing the total not-to-exceed amount to $750,000; and
2. Authorize the City Manager to execute the Amendment on behalf of the City; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Ladayu Consulting Group is one of five engineering firms on the City’s on-call engineering bench list for the City’s various Capital Improvement Projects (CIP). On November 13, 2024, the City entered into an agreement with Ladayu for a not-to-exceed amount of $300,000. Since that time, the City has advanced multiple ongoing projects and is preparing to implement a comprehensive Five-Year Capital Improvement Plan, which will significantly increase the number and complexity of projects requiring professional oversight.
To support current and future projects, additional construction management and inspection services are necessary to ensure proper oversight of contractor performance, project schedules, budgets, and regulatory compliance. These services include reviewing pay applications and change orders, coordinating with contractors, conducting field
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
inspections, and verifying that work meets approved plans, specifications, and applicable standards. Adequate construction management and inspection support helps minimize delays, control costs, maintain quality, and reduce potential liability.
Staff recommends increasing Agreement No. 4249 by $450,000, bringing the total not- to-exceed amount to $750,000 for the remainder of the contract period, which runs through December 31, 2027, with two optional one-year extensions. Funding for these services will be provided by local return funds, including Proposition A, Proposition C, Measure M, and Measure R. Execution of Amendment No. 1 (Attachment A) does not guarantee compensation for all work, as projects will continue to be distributed among the five on-call firms based on expertise and project needs, ensuring flexibility and efficient delivery.
BACKGROUND/DISCUSSION:
On November 13, 2024, the City entered into an agreement with Ladayu Consulting Group to provide construction management and inspection services in an amount not-to- exceed $300,000. These services are critical to the successful delivery of the City’s Capital Improvement Projects (CIP), as they help ensure projects are completed on time, within budget, and in compliance with applicable regulations and standards. Ladayu provides oversight by monitoring contractor performance, reviewing pay applications for time and material, and coordinating stakeholders to maintain schedule and efficiency.
Field inspections confirm that construction aligns with approved plans and specifications, materials meet required standards, and work complies with building codes, environmental regulations, and accessibility requirements, including the Americans with Disabilities Act (ADA). Collectively, these efforts protect the City’s investment, manage risk, and uphold quality expectations for public infrastructure.
Ladayu Consulting Group has demonstrated extensive knowledge, expertise, and responsiveness in supporting the projects in the City's Capital Improvement Program.
The team communicates proactively with City staff and contractors, promptly addresses field issues, and maintains detailed project documentation. Their familiarity with public works standards and compliance requirements has helped minimize delays and ensure high-quality workmanship. Their professionalism and reliability have made them a trusted partner in advancing the City’s projects efficiently and in the best interest of the community.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends that the City Council approve Amendment No. 1 to Agreement No.
CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 11, 2026
4249 (Attachment A), increasing the not-to-exceed amount by $450,000, for a revised total not-to-exceed amount of $750,000 for the remainder of the contract term (December 31, 2027). Funding will be appropriated during the budget process from Local Return Funds (i.e., Proposition A, Proposition C, Measure M, and Measure R). Staff also recommends the City Council authorize the City Manager to execute Amendment No. 1 on behalf of the City.
ATTACHMENT(S)
1. Attachment A - Amendment No. 1 to Agreement No. 4249
2. Attachment B - Ladayu Consulting Group Professional Services Agreement No. 4249
CITY OF MONTEBELLO
AM
ENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 4249
WITH LADAYU CONSULTING GROUP
T
his Amendment No. 1 to the Professional Services Agreement ( “Amendment No. 1”), is made and entered into this 11 day of March 2026, (“Effective Date”) by and between the CITY OF MONTEBELLO , a California municipal corporation, (hereinafter referred to as the “City”) and LADAYU CONSULTING GROUP , (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".
RE
CITALS
W
HEREAS, the Consultant and the City entered into an agreement for architectural and engineering professional services dated November 13, 2024 (“Agreement”); and
W
HEREAS, the Parties wish to increase the total compensation to support current and future projects and provide services such as reviewing pay applications and change orders, coordinating with contractors, conducting field inspections, and verifying that work meets approved plans, specifications, and applicable standards; and W
HEREAS, under Section 2c of the Agreement SERVICES/COMPENSATION, the Consultant may exceed the maximum compensation with prior written consent of the City; and
W
HEREAS, under Section 6 of the Agreement EXTRA SERVICES , of the Agreement, any extra services over and above the compensation need to be duly authorized in writing by the City Manager; and
W
HEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.
NO
W THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:
AM
ENDMENT
S
ECTION 1. RECITALS. The foregoing recitals are true and correct, and incorporated by the Parties as a substantive part of this Amendment No. 1.
S
ECTION 2. SERVICES/COMPENSATION. Through this Amendment No. 1 , the Parties hereby agree to increase the total not -to-exceed compensation amount from Three H undred Thousand Dollars ($ 300,000.00) to S even Hundred Fifty Thousand Dollars ($750,000.00).
ATTACHMENT A
AMENDMENT NO. 1 TO AGREEMENT NO. 4249
SE
CTION 3. INCORPORATION OF REMAINING TERMS. Except as expressly modified or supplemented by this Amendment No. 1 , all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.
[END O
F AMENDMENT NO. 1 ]
[SIGN
ATURES ON THE FOLLOWING PAGES]
AMENDMENT NO. 1 TO AGREEMENT NO. 4249
IN W
ITNESS WHEREOF, the Parties execute this Amendment No. 1 to take effect as of the Effective Date identified above.
(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO LADAYU CONSULTING GROUP
Raul Alvarez, City Manager Daniel Garcia, PE, REA, CPP
Dated: Dated:
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
CITY OF MONTEBELLO
ON-CALL BENCHLIST
PROFESSIONAL SERVICES AGREEMENT NO. 4249
FOR ARCHITECTURAL AND ENGINEERING SERVICES WITH
LADAYU CONSULTING GROUP
(RFP No. 25-06)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on November 13, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and LADAYU CONSULTING GROUP, 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 provide architectural and engineering professional services to the CITY; and W
HEREAS, 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 represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
W
HEREAS, the CONSULTANT responded to CITY’s Request for Proposal dated September 26, 2024 (“RFP No. 25-06”) 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:
S
ECTION 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 comprised of Sections 1 through 25, and its various Exhibits
b. RFP No. 25-06, attached hereto as Exhibit “A”
c. The CONSULTANT’S Proposal to RFP No. 25-06, attached hereto as
Exhibit “B”
d. Local Assistance Procedures Manual (LAPM) Exhibit 10-R,
ATTACHMENT B
Appendices A and E as Exhibit “C”
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits
B. These documents shall be collectively referred to herein as the “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. 25-06 and Consultant’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this reference (hereinafter “Professional 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 Three Hundred Thousand Dollars ($300,000) (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.
F. On-Call Services. The CONSULTANT understands and
acknowledges that this is an “on -call” agreement, execution of which does not guarantee that the CITY will issue a Notice to Proceed (“NTP”). No work shall commence by the CONSULTANT without a written NTP issued by authorized CITY personnel.
SECTION 3. TERM.
This Agreement shall commence on November 13, 2024 , and shall terminate on December 31, 2027 (“Date of Completion”), with an option to extend up to two (2), one-year terms; 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 and practices utilized by companies engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to t he CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. 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 shall 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 during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination
or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the 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 completion 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 prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
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 CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that
t he 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 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 subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to t he CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to 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.