AVALON CITY COUNCIL MEETING
TUESDAY, FEBRUARY 1, 2022— 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting: please contact Denise Radde, City Clerk (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council.
Such records shall be available at City Hall located at 410 Avalon Canyon Rd.
Due to hearth recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein socialdistancing measures have been imposed or recommended: the CITY OF AVALONS CITY COUNCILand PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The genera/public may attend the meeting in the Council Chambers howe ver must adhere to social distancing requirements and wear a mask or face covering at all times. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.
Council Chambers are open to a maximum 30 members of the general public. Once the CouncilChambers reach maximum occupancy, the general public may participate in Oral Communication andaddress the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. All individuals entering the Council Chambers must wear a mask or face covering at all times. Additionally, the general public may participate in OralCommunication and address the City Council on an agenda items by providing comments via e Comment. Please use the link below to provide comments via e-Comment.
The meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon.com/rneetiqgs *Streaming on Facebook Live: www.facebook.comiCityOfAvalonOfficial To submit comments using ecomment, please follow this link:
https:Ilavalon.granicusideas.com
Click the Meetings tab and then Post to comment on the 0210112022 meeting.
CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL
ANNOUNCEMENTS I WRITTEN COMMUNICATIONS
PRESENTATION — Catalina Express President and CEO, Greg Bombard, will provide an updateon the impact of newly proposed California Air Resources Board Commercial Harbor Craft Regulations” on Catalina Express operations.DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT I CITY ATTORNEY REPORTCOUNCILMEMBER REPORTS I MAYOR REPORT
CITY COUNCIL AGENDA
FEBRUARY 1, 2022
PAGE 2
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on nonagenda items at this meeting. Speakers should limit comments to two (2) minutes each.
CONSENT CALENDAR
Minutes
Although the live recording is the official record of public meetings, actions are prepared for the Council’s approval.
Recommended Action
Approve minutes from the January 4, 2022 (amended) and January 18, 2022 Regular City Council Meeting.
2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $567,952.86.o One payroll in the amount of $209,032.41. o Two electronic fund transfers totaling $37,387.89.
Recommended Action
Approve total expenditures for January 10, 2022 through January 21, 2022 totaling $814,373.16.
3. Fiscal Year 2021-2022 Second Quarter Treasurer’s Report State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City’s cash and investment balances. The purpose of the report is to inform you on a quarterly basis, the City’s cash and investmentbalances, the investment types, yields, and market values, and to ensure you that the City’s investments are in compliance with the City’s adopted Investment Policy.
Recommended Action
Adopt the resolution accepting the FY21-22 Second Quarter Treasurer’s Report.
4. Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
At the November 16, 2021 City Council meeting, the City Council of the City of Avalon made findings pursuant to Assembly Bill 361 to continue to meet remotely. To continue this practice, it is required, that the City Council determine that the COVID-19 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19. and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees. Because these findings must be made every thirty (30) days, the City Council will have to make these findings at its upcoming March 1, 2022 meeting and thirty (30) days thereafter.
Recommended Action
Determine that the COVID-1 9 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have
CITY COUNCIL AGENDA
FEBRUARY 1,2022
PAGE 3
teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees.
5. Fourth of July Barge
The City contracts a barge company annually to facilitate the Fourth of July fireworksshow. Curtin Maritime expressed their interest in providing the barge service for the Fourth of July show and offered to match the lowest bid received by any barge company.
Additionally, Curtin Maritime offered to only charge for the hard costs and donate any remaining monies back to the City of Avalon to support youth activities.Recommended Action Authorize the City Manager to execute an agreement with Curtin Maritime to provide barge services for the 2022 Fourth of July fireworks display.
GENERAL BUSINESS
6. Determine if the City Should begin the RFP/Bid Process for the City’s Transit System or extend the existing contract with Transportation Concepts.
Transportation Concepts original contract was executed April 5, 2016 and was extended March 21, 2019, and again April 4. 2021, for a two-year term set to expire March 31, 2023. The City Council has two options to consider: 1. Proceed with a request to issue a Request for Proposals for a consultant to assist City Staff to ensure all state and federal guidelines are incorporated into the RFP. After the RFP is complete, put the transitcontract to bid. 2. Extend Transportation Concept’s contract an additional two-years.
Recommended ActionProvide Staff direction regarding pursuing an RFP for a new Transit Contract or extend the existing contract with Transportation Concepts.
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
ADJOURN
NOTICE OF POSTING
I, Denise A. Radde, declare that the City Council Agenda for Tuesday, February 1, 2022 was posted on Friday, January 28, 2022 on the City’s website www.cityofavalon.com, and at City Hall, 410 Avalon Canyon Road.
Denise A. Radde, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 1,2022 AGENDA ITEM:
ORIGINATING DEP: City Clerk CITY MANAGER: j\
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council MinutesRECOMMENDED ACTION(S): Approve minutes from the January 4, 2022 (amended) and January 18, 2022 Regular City Council Meeting.
REPORT SUMMARY: Although the live recording is the official record of publicmeetings, minutes are prepared for the Council’s approval.FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk’s office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed onthe posted agenda pursuant to the Brown Act.ATTACHMENTS:
1) January 4, 2022 City Council Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, JANUARY 4, 2022 — 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING WAS HELD PURSUANT TO AB 361
MINUTES
Due to health recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OF AVALON’S CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements and wear a mask or face covering at all times. The public is encouraged to watch and participate from the safetyof their homes while practicing social distancing.
Council Chambers are open to a maximum 30 members of the general public. Once the Council Chambers reach maximum occupancy, the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. Allindividuals entering the Council Chambers must wear a mask or face covering at all times. Additionally the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via e-Comment. Please use the link below to provide comments via e-Comment.
CALL TO ORDER- 5:00 p.m.
ROLL CALL-Present via Teleconference and In-Person: Mayor Anni Marshall,Councilmembers Cinde Cassidy, Lisa Lavelle, Michael Ponce, and Yesenia De La Rosa. Also present: City Manager/City Clerk Denise Radde, Assistant City ManagerMichael Parmer and City Attorney Scott Campbell. Absent: Deputy City Clerk/Senior Administrative Assistant Gabrielle Morones.
WRITTEN COMMUNICATIONS-The City Manager/ City Clerk Denise Radde received one written communication regarding Item #8 Fifth Amendment to the Franchise Lease Agreement between the City of Avalon and CR&R, Inc. and #9. Discussion on Establishing Minimum Number of Nights for Transient Rentals.
PRESENTATION — Catalina Island Medical Center provided a brief update on COVID 19 and the impact of the Omicron and Delta variants.
CONSENT CALENDAR-There were eight items on the Consent Calendar. The City Manager/City Clerk Denise Radde removed Item #8 from the Consent Calendar andplaced it under General Business. Motion to approve items #1 - #7 made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
CITY COUNCIL MINUTES
JANUARY 4, 2022
PAGE 2
1. Minutes
Approved minutes from the December 7, 2021 regular City Council Meeting and the December 15, 2021 Special City Council Meeting.
2. Warrants
Approved warrants in the amount of $1,736,686.40, two payrolls in the amount of $373,771.71, and five electronic fund transfers totaling $187950.52 for a total of $ 2298,408.63 for November 29, 2021 through December 24, 2021. 3, Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
Determined that the CCVI D-19 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or local officials have imposed or recommended measures to promote social distancing in connection with CCVID 19, and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees.
4. Development Impact Fees (DIF) Annual Report for the Fiscal Year Ended June 30, 2021
Received and filed the Fiscal Year 2020-21 Development Impact Fees Annual Report.
5. 2022 Waterside Permit Renewals
Authorized the Harbor Master to renew the attached list of Waterside Permits for 2022.
6. Waterside Permit Application — Taylored Catalina Charters City Council made the affirmative finding that conditions set forth in the Avalon Municipal Code have been met and granted the Waterside Permit Application to Taylored Catalina Charters, with the following conditions: 1. All operations to load and unload charter passengers will take place on Cabrillo Mole floats except on cruise ship days when all loading and unloading will be from the floats on the Green Pier. 2. Applicant abides by the Standard List of Conditions for Waterside Permit Holders.
7, Authorize Purchase of an Acoustic Water Leak Detector Authorized the City Manager or their designee to procure per the City’s purchasing policy an acoustic water leak detector for a total not to exceed $9,000.
CITY COUNCIL MINUTES
JANUARY 4, 2022
PAGE 3
GENERAL BUSINESS
8. Fifth Amendment to the Franchise Lease Agreement between the City of Avalon and CR&R, Inc.
Members of the City Council requested clarification and codification of specificinformation regarding the fifth amendment to the Franchise Lease Agreement between the City of Avalon and CR&R, Inc. (“CR&R”). City Staff was directed to answer specific questions regarding CR&R and City operations and procedures and bring this item back at the next regular City Council meeting.
9. Discussion on Establishing Minimum Number of Nights for Transient Rentals There was no consensus to establish an annual minimum number of nights for transient rentals. City Council directed Staff to consider increasing the business license fee for transient rentals for the next Fiscal Year 2022-2023 Fee Schedule.
10. Reguest for Proposal for Snack Bar Concessions at Joe Machado Field City Council recommended to proceed forward with the authorized and published Request for Proposal and timeline for a qualified business party to contract for operations at the snack bar concession at Joe Machado Field.
Mayor Marshall adjourned the meeting at 7:41 p.m.
I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the City Council Meeting on January 4, 2022, is the official record of the Council Meetingand is on file and maintained in City Hall.
Gabrielle Morones, Deputy City Clerk I Sr. Administrative Assistant
AVALON CITY COUNCIL MEETING
TUESDAY, JANUARY 18, 2022 — 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING WAS HELD PURSUANT TO AB 361
MINUTES
Due to health recommendations from the Center for Disease Control and State of CaliforniaDivision of Occupational Safety and Health (Cal/OSHA), and the declared state of emergency wherein social distancing measures have been imposed or recommended, the CITY OF AVALON’S CITY COUNCIL and PLANNING COMMISSION MEETINGS SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general pub/ic may attend the meeting in the Council Chambers however must adhere to social distancing requirements and wear a maskor face covering at al/ times. The public is encouraged to watch and participate from the safetyof their homes while practicing social distancing.
Council Chambers are open to a maximum 30 members of the general public. Once the CouncilChambers reach maximum occupancy, the general public may participate in OralCommunication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. All individuals entering the Council Chambers must wear a mask or face covering at all times.
Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via e-Comment. Please use the link below to provide comments via e-Comment.
CALL TO ORDER- 5:01 p.m.
ROLL CALL- Present via Teleconference and In-Person: Mayor Anni Marshall,Councilmembers Cinde Cassidy, Lisa Lavelle, Michael Ponce, and Yesenia De La Rosa. Also present: City Manager/City Clerk Denise Radde, and City Attorney Scott Campbell. Absent: Deputy City Clerk/Senior Administrative Assistant Gabrielle Mo ro nes.
WRITTEN COMMUNICATIONS-None.
PRESENTATIONS
1. Amanda Tropiano, Principle of the DeNovo Planning Group provided an overview on the Citys Draft 2021-2029 Housing Element. No City Council action was requested at this time,
2. Luke Schaner from Southern California Edison provided a Catalina Water Availability and Allocation Plan Update.
CITY COUNCIL MINUTES
JANUARY 18, 2022
PAGE 2
CONSENT CALENDAR-There were 7 Items on the Consent Calendar. The City Manager/City Clerk Denise Radde moved Item #5 Fifth Amendment to the FranchiseLease Agreement between the City of Avalon and CR&R, Inc. to General Business and removed Item #7 Fourth of July Barge from the agenda. Motion to approve Items #1, #2, #3, #4 and #6 made by Cinde Cassidy, seconded by Sarah De La Rosa. (All Ayes)
1. Minutes
Approved minutes from the January 4, 2022 regular City Council Meeting.
2. Warrants
Approved warrants in the amount of S290.270.90, one payroll in the amount of $194,283.00, tour electronic fund transfers totaling $169,962.23 totaling$654,516.13 for December 27, 2021 through January 7,2021.
3. Consideration of a Planning Commission Resolution Recommending City Council Adoption of the Annual Growth Policy for 2022
Adopted Resolution No. 22-01 of the City Council of the City of Avalon adoptingthe Annual Growth Policy for the year 2022.
4. Repair & Maintenance of City Floats 2 and 3 Located at the Cabrillo Mole Authorized the Harbor Master to contract with Al Larson Boat Shop, a sole source vender, for the Repair and Maintenance of City Floats 2 and 3 for a sum not-to-exceed $249,999.00.
6. CalRecycle SB 1383 Local Assistants Grant Program Resolution Adopted Resolution No. 22-02 of the City Council of the City of Avalon authorizing submittal of application(s) for all CalRecycle grant and payment programs for which the City of Avalon is eligible.
GENERAL BUSINESS
5. Fifth Amendment to the Franchise Lease Agreement between the City of Avalon and CR&R, Inc.
Authorized the City Manager to execute the Fifth Amendment to the Franchise and Lease Agreement between the City of Avalon and CR&R, Inc. with a change of date on Section 19 to reflect December31, 2022.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
8. City of Avalon FY2020-2021 Comprehensive Annual Financial Report - Fiscal Year Ended June 30, 2021
Received and filed the Comprehensive Annual Financial Report and other auditreports for the Fiscal Year Ended June 30, 2021.
CITY COUNCIL MINUTES
JANUARY 18, 2022
PAGE 3
Motion made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes) Mayor Marshall adjourned the meeting at 7:04 pm.
I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the City Council Meeting on January 18, 2022, is the official record of the Council Meeting and is on file and maintained in City Hall.
Gabrielle Morones, Deputy City Clerk! Sr. Administrative Assistant
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 1, 2022 AGENDA ITEM;
ORIGINATING DEP: Finance CITY MANAGER: Mt1A
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for January 10, 2022 through January 21, 2022 totaling $814,373.16.
REPORT SUMMARY: These disbursements through January 21st are comprised of warrants totaling $567,952.86, one payroll totaling $209,032.41, and other electronic fund transferstotaling $37,387.89.
ITEM DESCRIPTION AMOUNT DATE
CF us BANK WARRANTS CK#33719-33772 $ 567,952.86 01/21/22 PAYROLL 209,032.41 01/14/22EFT -CALPERS RETIREMENT 35,886.78 01/20/22EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,501.11 01/21122 TOTAL DISBU RSEMENTS $ 814,373.16
GOAL ALIGNMENT: Ongoing meeting of City obligations.
FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY21-22 Budget.CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A FOLLOW UP ACTION; N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS: Audit Certificate, Warrant List, US Bank Credit Card Details
CITY OF AVALON
JANUARY 10, 2022- JANUARY 21, 2022 DISBURSEMENTS
February 1,2022
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK#33719-33772 S 56795286 01/21/22
PAYROLL 209,03241 01/14/22EFT -CAIPERS RETIREMENT 35,886.78 01/20/22EFT - F-ARBCR/REC CREDIT CARD AND BANK SERVICE FEES 1,50111 01/21/22 TOTAL DISBURSEMENTS $ 814,313.16
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFYTHAT THE ABOVE DEMANDS ARE ACCURATEAND THAT FUNDS ARE AVAILABLE FOR
PAYMENT,
APPROVED AND AUDITED THIS
1ST DAY OF FEBRUARY 2022 I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE ANDCORRECT.
AUDIT COMMITTEE - LISA LAVELLE EXECUTED THIS 1ST DAY OF FEBRUARY 2022
AUDIT COMMITTEE -YESENIA DE LA ROSA FINANCE DIRECTOR -MATTHEW BAKER
CITY OF AVALON
JANUARY 10, 2022- JANUARY 21, 2022 DISBURSEMENTS
February 1, 2022
CIRACIRACO. OF LOS ANGELES SHERIFF’S DEPT.CONEY ISLAND
DANGELO CODEWEY PEST CONTROLMO. DION & SONS, INC.DON MILLER & SONS
EDISONENVIRON STRATEGY CONSULTANTS, INC
GALLS, LLCC HA INC E R
HUNT, CLARENCE
JORDAHL CONSTRUCTION
LOS ANGELES COUNTY EMSAMASA
DESCRIPTION
1ST HALF 01/2022
FUEL-ALL DEPTS
SERVICE - FIRE
SUPPLIES -FIRESUPPLIES - ALL DEPTSSENIOR MEALS - 11/2021
UNIFORMS -JAMIE/ROJO
COMMUNICATIONS - ALL DEPTh
COMMUNICATIONS -ALL DEPTS
FREIGHT - ALL DEPTS
SERVICE -HARBORCONTRACT SVCS - ITSUPPLIES - GARAGE
SUPPLIES - ALL DEPTSSERVICE - HARBOR
SERVICE - FtRE
LODGING - SHERIFFS
2ND HALF 12/2021
RENT - 01/2022, PARKING - HARBOR
SUPPLIES -GARAGE
VOID - MULTI STUB CHECK
LEGACY LIABILITY FY21, PAYROLL ADJ. W/C FY21
WATERFRONT PATROL - 11/2021
SENIOR MEALS - 07-12/2021
SUPPLIES - P1W
SERV[CE - ADMIN/HARBOR/PUBLIC WORKSFUEL- HARBOR
SUPPLIES -P/W
UTILITIES - ALL DEPTS
SERVICE -WWTP
UNIFORMS -FIRESUPPLIES -ALL DEPTSREFUND -BUSINESS LICENSEHHW DISPOSALEMT RECERTIFICATIONS - HARBOR/FIRE DUES 01/2022SUPPLIES -CEMETERYSUPPLIES - P1WSUPPLIES - GARAGESUPPLIES - FIRE SERVICE - ADMIN/HARBOR/PUBLIC WORKSSUPPLIES - HARBORSERVICE - SUCCESSOR & HOUSING AGENCIESSENIOR MEALS - 11-12/2021 2ND HAL’ 01/2022SERVICE - ADMIN/HARBOR/PUBLIC WORKSCONTRACT SERVICES -12/2021SERVICE -P.1WSEE ATTACHED DETAIL COMMUNICA1ION - ALL DEPTS
SERVICE -HARBORSUPPLIES - GARAGE
RETIREE INSURANCE - 02/2022
SALES TAX PASS THRU
S 567,952.86
AMOUNT NAME
8,890.10
5893.45
83.2036.22
1,826.72
420.00
192.43
273.32
2,372.26
175.53
1,029.50
3,066.00
452.21
2,354.62
1,090.00
SOD
1,337.36
21,063.00
8,963.00
123.09
SIRIA’S CLEANING SERVICEAM OIL INCAIR SOURCE INDUSTRIES ALBERTSON COMPANIESAMAZON CAPITAL SERVICES, INC.ANTONION’S PIZZERIA & CABARET, INC.ARIENS SECIALTY BRANDS LLCAT & T
AT & TAVALON FREIGHT SERVICES, LLCAVALON MOORING & DIVING
BEYOND SOFTWARE SOLUTIONS
CARUSO FORD
CATALINA BEVERAGE COCATALINA BOATYARD INC
CATALINA BROADBAND SOLUTIONS
PACIFICA CATALAN LTD PARTNERSHIP
CATALINA EXPRESSCATALINA ISLAND COMPANYCATALINA YAMAHA
CHECK
NUMBER
33719
33720337213372233723
3372433725337263372733728
337293373033731337323 3)33
3373433735
33736337373373833739
337403374133742
3374333744337453374633747
3374833749337503375133752
337533375433755
3375633757337583375933760
33761337623376333764
3376533766
33767
33768337693377033771
33772
DATE
ISSUED
1/7/2 02 2
01/21/202201/21/202 2
0 1/2 1/2 02 20 1/2 1/202 201/21/202201/21/202201/21/2022 0 1/2 1/202 20 1/2 1/202 201/21/20220 1/2 1/202201/21/2022 01/21/202 20 1/2 1/2 0 2 2
01/21/202201/2 1/2 02201/21/202201/21/202201/21/2022
D1/21/202201/21/202201/21/202201/21/2022
0 1/2 1/2022
0 1/2 1/2022
0 1/2 1/2022
0 1/2 1/20220 1/2 1/202 20 1/2 1/20220 1/2 1/202 20 1/2 1/202 2 0 1/2 1/202 20 1/2 1/20220 1/2 1/20220 1/21/2022
0 1/2 1/202 20 1/2 1/202 20 1/2 1/2 02 201/21/202 2
0 1/2 1/202 20 1/2 1/202 20 1/2 1/202 20 1/2 1/202 2
0 1/2 1/202 20 1/2 1/202 201/21/202201/21/20220 1/2 1/2022 0 1/2 1/2022
0 1/2 1/202 201/21/2D22
0 1/2 1/2 022O1/21/2D22
84,345.00
7,998.173,420.00
175.18
542.00
49.37 877.10
33,930.1068,481.51
94.92 2,105.66
53.50 113.75
1,800.001,048 .50
1,180.51
100.2 8
2,976.65
198.00236.76102.29
1,867.50
870.00
8,890.105,000.00
68,036.25
33.10 1,256.731,673.93
7,359.31
2,398.77
774.19
209,206.22
MATTHEWS INTERNATIONAL CORPORATIONMCMASTER-CARR
NAPA AUTO PARTS
SAN DIEGO COFFEE, TEA & SPICE, INC.
NORTHWIND REFRIGERATIONQUILL CORPROSENOW SPEVACEK GROUP, INC
SAND TRAP
SIRIA’S CLEANING SERVICETOWNSEND PUBLIC AFFAIRS, NC
PARKING CONCEPTS, INC.
UNDERGROUND SERVICE ALERT/SCUS BANCORP SEVICE CENTER
VERIZON WIRELESS
WANDA STONEWILMINGTON PROPELLER SERVICE
GARCIA, BEEFY JOCATAUNA ISLAND MEDICAL CENTER
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JANUARY 21,2022
February 1, 2022
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT CARSTARPHEN 11/18/2021 59.33 CHEfS HARDWARE GARAGE SUPPLIES HARBORCARSTARPHEN 11/18/2021 47,29 CHETS HARDWARE GARAGE SUPPLIES HARBORCARSTARPHEN 11/24/2021 34.37 E-RIGGING.COM MAINTENANCE SUPPLIES HARBOR CARSTARPHEN 11/24/2021 13.39 USPS FREIGHT HARBORCARSTARPHEN 11/26/2021 7.95 USPS FREIGHT HARBORCARSTARPHEN 11/26/2021 35.92 CHET’S HARDWARE GARAGE SUPPLIES HARBORCARSTARPHEN 11/29/2021 3.99 WEATHERFLOW WEATHER SERVICE SUBSCRIPTION HARBORCARSTARPHEN 12/1/2021 455.48 GROSS MECHANICAL LABRATORFES GARAGE SUPPLIES HARBORCARSTARPHEN 12/1/2021 14.29 CHET’S HARDWARE MAINTENANCE SUPPLIES HARBORCARSTARPHEN 12/6/2021 19.73 CHETS HARDWARE MAINTENANCE SUPPLIES HARBORCARSTARPHEN 12/6/2021 500.00 DATATEL PAYMENT SUBSCRIPTION HARBORCARSTARPHEN 12/13/2021 13.19 CHET’S HARDWARE MAINTENANCE SUPPLIES HARBOR CARSTARPHEN 12/15/2021 50.80 PARACORDPLANET.COM ROPE CUTTER BLADES HARBOR $ 1,256.73 CHECK 33767
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 1, 2022 AGENDA ITEM:
ORIGINATING DEP: Finance CITY MANAGER: L*4Ai(
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Fiscal Year 2021-2022 Second Quarter Treasurer’s Report RECOMMENDED ACTION(S): Adopt the resolution accepting the FY21-22 Second Quarter Treasurer’s Report,REPORT SUMMARY: State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City’s cash and investmentbalances, Attached is the Second Quarter Treasurer’s Report for FY21 -22.
The purpose of the report is to inform you on a quarterly basis, the City’s cash and investment balances, the investment types, yields, and market values, and to ensure you that the City’sinvestments are in compliance with the City’s adopted Investment Policy.
The report shows that all of the City’s funds are in compliance with its investment policy. Ingeneral, operating cash is held in US Bank checking accounts and the excess cash is invested in California’s Local Agency Investment Fund (LAIF), less than 0.3% interest, and variouscertificates of deposit (CD5), earning around 1.60% interest, as of December 31, 2021.
The unrestricted cash balance for the second quarter of 2021-2022 totaled $13.18 million, an increase of approximately $6.45 million compared to December 31, 2020 and $2.19 millioncompared to September 30, 2021. The increase in unrestricted cash can be partially attributed to increases in transient occupancy tax (TOT) revenues, the City’s largest source of revenue.
Current fiscal year TOT revenues for overnight stays through November 2021 are up $1.53 million or 48.9% compared to the same months during the prior fiscal year. The unrestrictedcash balance also includes the first installment of American Rescue Plan funds totaling$440,287. which were received by the City in July 2021, with the final installment expectedduring the fourth quarter of the current fiscal year. Generally, unrestricted cash balances peak during the first half of the fiscal year due to the seasonality of visitor-driven tax revenues and the timing of major capital expenditures.
The cash balance in restricted accounts as of December 31, 2021 totaled S9.74 million, an increase $286 thousand compared to the quarter ended December 31, 2020. The increase isprimarily attributable to budgeted contributions to the City’s landfill trust account totaling $268,500, as well as unrealized investment gains in the City’s OPEB trust account and interest income from LAIF investments for restricted funds.
The table below summarizes cash balances by quarter from the quarter ended September 30, 2015 through the most recent quarter ended December 31, 2021 .Prior to the pandemic, the City’s unrestricted cash balance had been steadily declining from a peak of $1406 million as of December 31, 2015 to $8.08 million as of December 31, 2019. The unrestricted cash balance includes the General Fund cash balance, as well as cash balances in the City’s proprietary funds (e.g. Harbor, Sewer, Solid Waste, etc.). The unrestricted cash balance fell to a low of $5.52 million as of March 31, 2021 before rebounding over the past nine months. The restricted fund balance primarily relates to Housing Authority proceeds and peaks with the timing of Redevelopment Property Tax Trust Fund (RPTTF) distributions that are subsequentlydisbursed to satisfy bond obligations. The City began reporting its landfill trust balance duringthe third quarter of 2019 and it is reported separately from restricted cash below.
Cash Balances by Quarter
FY16 Qi through FY22 Q2
Unrestrfr ted Cash — — Restrkted Casi Landfill Trust
$16
Li) U) (0 (0 (0 (0 N- N- N- N- CO W CD 0) 0) 0) 0) 0) 0 0 0 0 (N (N (N (N (N (N (N &,Le&uLeoo a) GD JP s a) 0) S 0) 0) a é&á-& o o (0 s a) W s a) (0 0) 0) U) C —, (1) 0 -, U) C —, U) C ‘ (1) 0 -, (0 0 -, (1) 0 Prices in the Los Angeles area, as measured by the Consumer Price Index for All UrbanConsumers (CPI-U) increased 6.6% over the last twelve months. Increased TOT revenues experienced during the quarter can be partially attributed to increased average room rates.While the City has benefitted from historically strong revenues over the last several months,inflationary pressures will likely impact the economic recovery of the tourism industry over the long term and will lead to increased operating expenditues.GOAL ALIGNMENT: Required disclosures.
FISCAL IMPACTS: None
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENTS:
1. FY21-22 Second Quarter Treasurer’s Report
2. CD Investment Report3. Resolution to Accept the Report
CITS OF A VALON
QE AR1 ERLY THE -‘SI HERS REPORT
El ON 0 QI ART ER ENDED DE( EM TIER 31 202’
ANNUAL NI ARKFT
NAMEOF ISSUERJTYPE OF INVESTMENT BANK BALANCE OuIsInndinpee Depns(ns Inrransil BALANCE HEll) IATERITS ‘(I.E
UNRESTRICEED CASH AND INVEST SIESES
US BANK -GENERAL CHECK[NG ACCOUNT 5 7.47.97762 (163.197 05) 203.36219 S 2188142.66 000% On denian 4 S 2 lxx 4’ 1,1, US BANK -PAYROLL ACCOUNT 348.4(6 06 (46.973 95) 1)0344 302.03555 000% O demand 7l,’lOcUS BANK -FEES BENEFITS ACCOUNT 9 S494 . - 9.16454 000% On dennand 3.2(:4 54PErry CASH 90600 - - 500.0(1 000% On demand 900 012PROEQUITIES - VARIOUS CERTIFICATES OF DEPOSIIS 50(599974 - - 905995.34 55% 0- 3eans ‘,053’35 74(ALL CDS ARE FOIE INSURED)SIULI]-BANK SECURITIES -VARIOUS CERTIFICATES OF DEPOSITS 50E294 I ‘4 - - 812041.94 I 55”: 0 -7’ears x(’”4 114 (ALL 105 ARE FOIC INSURED’
LAIF . GUN ERAL ACCOUNI 1-011-22347 - - 1.811.113-47 (‘2(5, On demand 661(11107? (CA L(XAL AGE’c( V I’.VESTSIENT FUND
TOTAL LNRFSTRICIED CASh 950 INVESTMENTS S I 3.180.308.07 5 13.160.10390 S 13.178.09030 RFSTRILTEO (CCDE STS:
SIAN U-KIN 9CN11S AICOISI 4’3.13(9? - 40.14.92 000% (Sideroni US B AN K . (CI. SING AL TI3ORITY 1.13.03271 - - I1 .04 1.2 000% (6’ ehe’,a”J 117105227 1350 OOEFRA TI NIOSIE lOUSING)
LAW HO SINS, Al rooRry 1.914.6417’. - - 4M4.895.x 0319, Onjer,aiad 41I4’”I 4 IS FAN
. SUCCESSOR AGENCY TO AdA 53$ 9147 - - 385044.32 0 n On &7an61 AlE - SUCCESSOR AGENCY TO ACIA 234333) . - 13433.35 021% On 4 e44rn1 US BANK: AS TRUSTEE, - SUCCESSOR AG[N( V5,533 REFU’NDNC BONDS DEST SERVICE. SERIES A 039 0.33 0(00% Oil dcrn:M (173501$ REFUNDNG BONDS DEOT SERVICE. SER:ES A & B fl 14.09 OWI% (SI .kniaisl 14”)NORTHERN TRUST- CALRECYCUE - - 2(64.319.57 2 98CAUPERS CERBT TRUST 534 1”T II - - 345200.11 34’? 6111 TOTAl. RFSTRCITEO OCCOL N rs S 45.I 42 ‘I S 9.49142.9 5 ‘.744.93144 TOTAL B L ONCE OF LL ACCO[ SIS S 22.931.451.68 S 22.923.246.11 S 13-933.031 ‘4 Irdcr:heNon,ane,a1Seeni55n4uo!theCal,(,m,aOn,cmn,enrC KT,:nn-.ac,o:Cbp:fh lO0ice,<le:,nl::areal.n,,:I:4C,:n-Couranlerd( :nMa,,ezr.aIkasI q.iark-nh.de’a’lininEon”-’cniallwem’IeVm’eslnie,l,aniiin,:’sD!rfleC,I, 16CC!:’ ‘sthNOmeeI:r64nrAIparede’pend:r’Ire adçeedbvLreCilo (\n.ne,IonInlII’2L Ole’Ohscn-Treasnre, Dane
SIn:diea Baler . F nine, Dir:c:cr Dane
Report Date: 12/31/2021
City of Ava Ion Certificate of Deposit Investments
Annual Interest Pmt Next Coupon Maturity Days to
Dealer Settled Principal Rate . Cusip # Bank Name
Yield Schedule Payment Date Maturity
ProEqty 04/13/2021 248,000 1.00% 2,480 Quarterly 07/13/2021 04/13/2026 1,564 05600XCP3 BMO Harris Bank ProEqty 04/14/2021 247,000 0.95% 2,347 Monthly 10/06/2020 04/14/2026 1,565 066519QV4 BankUnited ProEqty 07/14/2021 249,000 055% 1,370 Semi-AnnI 1/14/2022 7/15/2024 927 795450785 Sallie Mae Bank ProEqty 12/10/2021 248,000 1.10% 2,728 Semi-AnnI 6/10/2022 12/10/2025 1,440 795450785 Sallie Mae Bank MRS 04/05/2017 246,000 2.45% 6,027 Semi-AnnI 10/05/2020 04/05/2022 95 02587DN38 Amer Exp Centurion MRS 04/07/2017 246,000 2.40% 5,904 Serni-AnnI 10/07/2020 04/07/2022 97 87164Y0B3 Synchrony Bank MBS 04/25/2019 246,000 2.75% 6,765 Semi-AnnI 10/25/2020 04/25/2024 846 61760A7K8 Morgan Stanley Subtotal $ 1,730,000 $ 27,620
Average
Weighted
1.60% 935
ProEqty Cash 13 Pershing LLC Bank of NY Mellon
MRS Cash 70,679 Pershing LLC Bank of NY Mellon
Total $ 1,800,692
All of the Certificate of Deposits listed above are EDIC insured up to $250,000 each.
RESOLUTION NO.
A RESOLUTION OF TI-fE CITY COUNCIL OF THE
CITY OF AVALON/SUCCESSOR AGENCY TO THE AVALON
COMMUNITY IMPROVEMENT AGENCY ADOPTING
THE TREASURER’S INVESTMENT REPORT FOR
FISCAL YEAR 202 1/2022 SECOND QUARTER
The City Council of the City of Avalon/Successor Agency does determine, find and resolve as follows:
Section 1. The Fisca’ Year 202 1-2022 Second Quarter Treasurer’s Report is hereby adopted and approvcd.
PASSED, APPROVED AND ADOPTED this 1St day of February, 2022.
Ann H. Marshall - Mayor
ATTEST:
Denise A. Radde — City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 1 2022 AGENDA ITEM:
ORIGINATING DEP: City Attorney CITY MANAGER: iM LA
PREPARED BY: Scott Campbell, City Attorney
SUBJECT: Findings to Continue to Hold Remote TeleconferenceNirtual City Council Meetings Pursuant to Assembly Bill 361
RECOMMENDED ACTION(S): At the January 4, 2022 City Council meeting, the City Councilof the City of Avalon (“City”) made findings pursuant to Assembly Bill 361 to continue to meet remotely. To continue this practice, it is required, that the City Council determine that the COVID 19 state of emergency proclaimed by the Governor still exists and has been considered by the City Council in deciding to continue to have teleconference meetings and that state or localofficials have imposed or recommended measures to promote social distancing in connection with COVID-19, and that as a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees. Because these findings must bemade every thirty (30) days, the City Council will have to make these findings at its upcoming March 1, 2022 meeting and thirty (30) days thereafter.REPORT SUMMARY: Traditionally, the Brown Act allows for teleconference or virtual meetings, provided that the physical locations of the legislative body’s members joining by teleconferenceare posted on the agenda, that those locations are open to the public and that a quorum of the members is located within its jurisdiction. Newly enacted AB 361 provides an exception to theseprocedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.
Since March of 2020 and the issuance of Governor Newsom’s Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, the City Council has had virtual meetings without having to post the location of the legislative body members attending virtually.Most public agencies have been holding public meetings using virtual platforms since this time.
In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EQ N-29-20 would sunset on September 30, 2021.
On September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances without the posting of the agenda from each location a legislative body member is attending. Governor Newsom signed the bill into law onSeptember 16, 2021. Because it contained an urgency provision, it took immediate effect.
Specific Findings RequIred underAB 361Under AB 361, the City Council can hold virtual meetings without providing notice of the City Council’s teleconference location if the City Council makes the determination that there is a65059.00000\3452048 1.1 Governor-proclaimed state of emergency, which the City Council will consider in their determination, and one of two secondary criteria listed below exists:
1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; or
2. The City Council determines that requiring a meeting in person would present an imminent risk to the health or safety of attendees.
COVID-19 continues to present an imminent threat to the health or safety of members of the public, and the Governor’s declaration of a COVID-19 emergency still exists. Although vaccinesare now widely available, many people in the State and County are still not fully vaccinated andremain susceptible to infection. The disease can still spread rapidly through person-to-person contact and those in close proximity. Further, more contagious variants of the disease are now present in the State and County, the most predominant of which is the Delta variant. The City’s economy is dependent upon visitors to the island, the presence of which, increases the likelihood of transmission of the disease. Also, having members of the public attend council meetings at locations where council members are in attendance due to their desire to avoid exposure to COVID-19 poses an imminent risk to the health or safety of attendees.
Re-Authorization is Required Within 30 Days
The City Council made the findings listed above at its January 4, 2022 City Council meeting.
Consistent with the provisions of Government Code Section 54953(e), the findings must be made every 30 days “after teleconferencing for the first time” under AB 361. Thus, if the City Council desires to continue to meet remotely without having to post the location of each teleconference location, the City Council must again find that the COVID-19 emergency still exists and that one of the two following findings can be made: that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, or, that a result of the COVID-19 emergency, meeting in person would present imminent risks to the health or safety of attendees.
It is recommended that the City Council make these findings.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council will have to follow the Brown Act provisions that existed prior to the COVID-1 9 pandemic.
FOLLOW UP ACTION: That the City Council make the findings under AB 361 at its March 1, 2022 City Council meeting.
GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: None.
65059.00000\3452048{ .1
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 1,2022 AGENDA ITEM:
ORIGINATING DEP: Community Services CITY MANAGER:
PREPARED BY: David Hart, Community Service Supervisor
SUBJECT: Fourth of July Barge
RECOMMENDED ACTION(S): Authorize the City Manager to execute an agreement with Curtin Maritime to provide barge services for the 2022 Fourth of July fireworks display.
REPORT SUMMARY: Though interrupted in 2020 due to the COVID-19 pandemic, the City contracts a barge company annually to facilitate the Fourth of July fireworks show.
Due to the high demand and a reduced number of providers for shows on the Fourth of July, City Staff would like to secure a barge now.On November 16 2021, Staff was contacted by a representative of Curtin Maritime expressing their interest in providing the barge service for the Fourth of July offering to match the lowest bid received by any barge company. Additionally, Curtin Maritime offered to only charge for thehard costs (employee time and fuel) and donate any remaining monies back to the City of Avalon to support youth activities.
Staff began soliciting bids by phone from barge service providers in late 2021. As of January 12, 2021 Staff had solicited bids from four companies; Foss! Sause Brothers. Pacific Tug, and Curtin Maritime, but only received two responses! Pacific Tug and Curtin Maritime. Pacific Tug came in first with a quote of 332,760 and Curtin Maritime, receiving that number throughCommunity Service Supervisor David Hart, matched the number in their quote, honoring theoffer to match the lowest quote.Due to a breach of procurement procedures, on January 24, 2021! Staff resolicited bids from the original four firms and two additional! Connolly Pacific and Avalon Freight. All firms had the opportunity to observe what previous quotes had been received in the first bid solicitation. By the time this report was authored! Staff received only two quotes — Pacific Tug and Curtin Maritime again. The estimate provided by Pacific Tug remained the same! $32,760, and CurtinMaritime’s new estimate is $30000.
Staff recommend the City Council authorize the City Manager to execute an agreement withCurtin Maritime to provide barge services for the 2022 Fourth of July fireworks display. This request is for barge services only. Staff will be coming back to the City Council to review the total Fourth of July budget, seek approval of a firework contractor, determine the theme, and activities schedule.
If approved, this would be the first time the City of Avalon utilized Curtin Maritime’s barge services for the Fourth of July fireworks show. In the past, Curtin Maritime donated the barge services for the fireworks show provided to the City of Long Beach.GOAL ALIGNMENT: Enhance Recreational Opportunities.FISCAL IMPACTS: The barge will cost $30,000. The City has a total budget of $50,000 for the Fourth of July activities.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not have a barge secured to launch fireworks for the Fourth of July Fireworks Display.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown ActATTACHMENT: Quotes from Curtin Maritime and Pacific Tug.
Pacific Tugboat Service P S San Diego (619) 533-7932
Long Beach (562) 590-8188
P.O. Box 12787. San Diego, CA 92112-3788
1444 Cesar E. Chavez Pkwy. San Diego, Ca 92113
1512 West Pier C Street, Long Beach, CA 90813
City of Avalon Recreation Dept.dhart(dcitvofavalon .com 310 510 0220 ext.23
Avalon Fireworks Show July 4th, 2022
1/25/2022
Hello David,Please see the quote below for the Avalon, Catalina fireworks show on July 4th, 2022, at 2100 hours.
Included in this proposal are the following
Pricing.
Tugboat
Barge 110X34
Yard
Labor
VTIS Fees
Safety EquipmentFuel
Admin/coordination
$ 32,760
Terms 16,380.00 deposit due by April 15th,2022
16,380.00 balance due by May 15,2022
Cancellation policy.
The following fee schedule will apply should the Customer elect to cancel this display.
All management fees are included in the pricing above.
To activate this quote please sign below and return acknowledging the pricing and our terms and conditions.
Our full T & C’s are available at https:iixw.pacilicmsritinieuiotipcom!uenci-al—Icrms—ai,d-conditions/Please call or reply with any questions you may have.
Ac4%s
/ias-F,ertL*ee lL4artPacific Maritime Group1512 Pier C St. Bath C-SBLong Beach, CA 90813 C: 562.833.2825
Acknowledged:
At Pacific Tugboat service, your safety and satisfaction are of paramount importance. It you plan to do business with us, or you are visiting, please access: bttp://wvm.pacifictugboats.com/terms/ for complete terms and conditions, and visit wLfwww.oacifictugboats.com/ to learnmore about our commitment to service. Page 1 of 1 C1..flTIN
M A ‘TIME
Dave HartCity of Avalon310-510-0220 Office
[email protected]
Date: January, 24 2022
RE: City of Avalon / 41h of July, 2022 Fireworks
Dave,
Good morning and thanks for the opportunity to offer tug and barge service for Avalon’s 2022 41h of July fireworkscelebration! Details and pricing are as follows.
Included in this proposal is a suitable tug, a suitable barge, yard to load fireworks and fuel.Excluded from this proposal is the actual fireworks, loading of fireworks, setting up the fireworks and shootingoff the fireworks.Pricing is as follows and subject to the availability of our equipment and a mutually agreed upon towage agreement.
rvice RateI City of Avalon Fireworks / Tug & Barge Service $30,000 Respectfully,
619-250-3165 cell
ralphcurtinmaritime.com
CLRTIN
MAR TIME
Curtin Maritn,e, Corp. I VAVWcurtinmaritimeOonl P562-983-72571 ,1fo@curlinmarimecon1
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 1, 2022 AGENDA ITEM:ORIGINATING DEP: Administration CITY MANAGER: /2MM PREPARED BY: Audra McDonald, Administrative Analyst
SUBJECT: Determine if the City Should begin the RFP/Bid Process for the City’s Transit System or extend the existing contract with Transportation Concepts.
RECOMMENDED ACTION(S): Provide Staff direction regarding pursuing an REP for a new Transit Contract or extend the existing contract with Transportation Concepts.
REPORT SUMMARY: In 2015, the City of Avalon hired a consultant to assist in the development of a Request for Proposals for the City’s Public Transit system which consists of Dial-a-Ride and a Fixed-Route Service (The Garibaldi). The consultant fee in 2015 was approximately $25,000. The process from development of the RFP to the award of the contract was approximately twelve months.Transportation Concepts original contract was executed April 5, 2016 and was extended March 21, 2019, and again April 4, 2021, for a two-year term set to expire March 31, 2023.
The City Council has two options to consider:
1. Proceed with a request to issue a Request for Proposals for a consultant to assist City Staff to ensure all state and federal guidelines are incorporated into the REP. After the REP iscomplete, put the transit contract to bid.2. Extend Transportation Concept’s contract an additional two-years and begin negotiations forthe contract extension to be brought back to Council for review at a later date.
Staff proposes option 2 for the following reasons:
1. At the present time, City Staff is depleted due to COVID and extra duties are being assigned to multiple staff members to keep the City in compliance with a myriad of stateand federal requirements.
2. Transportation Concepts has been an excellent partner to the City and willingly adjusts fees (such as COVID) as needed.
3. Transportation Concepts has provided excellent service to the community and collaborates well with the City.
GOAL ALIGNMENT: N/A
FISCAL IMPACTS:
1 Unknown cost for consultant fees and unknown cost for award of a new transit contract.
2. Transportation Concepts contract is budgeted to the Transit and DAR expenditure account (12230-5099) up to the amount reimbursed by Local Return Funds, with any additional expenditures charged to the Avalon Transit Fund Contractual Servicesaccount (12325-5105) and anticipates additional operational funds from Metro COVID funds.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
1. Professional Services Agreement Transportation Concepts 4-5-22
2. Amendment One Transportation Concepts 3-21-19
3. Amendment Two Transportation Concepts 4-4-21
PROFESSIONAL SERVICES AGREEMENT
FOR
MANAGEMENT AND OPERATION OF AVALON TRANSIT SYSTEM
WITH PARKING CONCEPTS, INC. DIBIA TRANSPORTATION CONCEPTS
1. PARTIES AND DATE.
This Agreement is made and entered into this day of
2016
(‘Effective Date”) by and between the City of Avalon, a municipal organization organizedunder the laws of the State of California with its principal place of business at 410 Avalon Canyon Road, Avalon, California 90704 (“City”) and Parking Concepts) Inc. a Californiacorporation dibla Transportation Concepts) with its principal place of business at 12Mauchly, Building I, Irvine CA 92618 (‘Contractor’). City and Contractor are sometimes individually referred to herein as Party” and collectively as “Parties.”
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain transit services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing transit system management and operations to public clients, is licensed in the State of California and is familiar with the plansof City.
2.2 Project.
City desires to engage Contractor to render such management and operations services for the Avalon Transit System (“Project”).
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services: Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the transit system operations and management services necessary for the Project, herein referred to as “Services”. The Services are more particularly described in the Scope of Services, attached hereto as Exhibit ‘A”, and in the City of Avalon, Professional Services Agreement Page 1
Management and Operation ofAvalon Transit System
Consultants proposal for the Services, attached hereto as Exhibit “B” both of which are incorporated herein by reference All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. In the case of a conflict between Exhibit “A” and Exhibit “B”, the requirements contained in Exhibit “A” shall govern, unless Exhibit “B” proposes
a higher standard or requirement. In such case,
and in the City’s sole discretion, the higher standard or requirement shall govern.
3.1.2 Term: The base term of this Agreement shall be from the Effective Date through March 31, 2019 (“Base Term”), unless earlier terminated as provided herein. The City shall have the option to extend this Agreement for two additional two-year periods. Any such extensions shall be pursuant to a written amendment to this Agreement. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written agreement, extend the then-current term of this Agreement, as necessary to complete the Services,
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor: The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Agreement. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements: All work prepared by Contractor shall be subject to the approval of City.
3,2.4 Substitution of Key Personnel: Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Such City of Avalon, Professional Sea’vices Agreement Page 2 Management and Operation of Avalon Transit System
personnel are identified in the attached Exhibit “B”. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City.
3.2.5 City’s Representative: The City hereby designates the City Manager, or his or her designee. to act as its representative for the performance of this Agreement City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Contractor’s Representative: Contractor will designate a designee to act as its representative for the performance of this Agreement (“Contractor’s Representative”).
Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractors Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractorshave all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contract shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein.
3.2.9 Laws and Regulations: Contractor shall keep itself fully informed of arid in compliance with all local, state and federal laws, rules and regulations in any manner City of Avalon, Professional Services Agreement Page 3
Management and Operation of
A valon Transit System
affecting the performance of the Project or the Services, including all CaIIOSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pLirsuantto the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C’ attached to and part of this Agreement.
3.2.11 Safety: Coritactor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safely devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered and costs incurred under this Agreement for the total not exceed sum of One Million, Six Hundred Seventy-Seven Thousand, Nine Hundred Twenty-Seven Dollars ($1,677,927.00) for the Base Term of this Agreement, as further detailed in Exhibit “D” attached to this Agreement and incorporated herein by reference.
For the Base Term of this Agreement, the Fixed Monthly and Vehicle Revenue Hour Rates shall be as follows: Fixed Monthly Fixed VRH
Rate Rate
Period 1: June 1,2016 --March31, 2017: $28,862.00 $21.25 Period 2: April 1,2017 -- March 31, 2018: $28,882.00 $21.81 Period 3: April 1,2018 -- March 31, 2019: $29,731.00 $22.45 Extra Work may be authorized in writing, as described below, and will be City of Avalon, Professional Services Agreement Page 4
Management and Operation of Avalon Transit System
compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment and Compensation: Contractor shaH submit to City a monthly itemized statement which indicates work completed and hours of Seivices rendered by Contractor. The statement shall describe the amount of Services and supphes provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses; Contractor shall not he reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work; At any time during the term of this Agreement. City may request that Contractor perform Extra Work. As used herein, ‘Extra Work’ means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s RepresentativeS
3.3.5 Compensation in Option Periods: In the event that either or both of the two, two-year option periods are exercised by the City, Contractor compensation will be negotiated between the parties, but in no case shall the rates of compensation, less start-up and capital costs, increase by no more than the annual increase in the Consumer Price Index for the State of California (Los Angeles-Riverside-Orange County statistical area) for the most recently reported calendar year.
3.4 Accounting Records.
3,4,1 Maintenance and Inspection; Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of firal payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination; City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon City of Avalon, Professional Services Agreement Page 5
Management and Operation of Avalon Transit System
termination. Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation.
Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Contract to provide all finished or unfinished Documents! Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall he required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3,5.2 Delivery of Notices. Al! notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
Transportation Concepts
12 Mauchiy, Building I
Irvine CA 92618
Attn: Rich Rogers. Chief Operating Officer
Phone: 949-864-3493
CITY:
City of Avalon
P.O. Box 707
410 Avalon Canyon Road
Avalon, CA 90704
Attn: City Manager
Phone: (310) 510-0220 ext.120
Fax: (310) 510-2478
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property:
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs. and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or City of Avalon, Professional Services Agreement Page 6
Management and Operation of Avalon Transit System
works of authorship fixed in any tangible medium ofexpression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (Documents &
Data). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
& Data the subcontractor prepares
under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents
& Data. Contractor makes no such representation
and warranty in regard to Documents
& Data which were prepared by design professionals
other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at anytime, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer piograrn data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor.
Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential.
Contractor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney’s Fees; If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.6 Indemnification: To the fullest extent permitted bylaw, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, orwiilful misconduct of Contractor, its officials, officers, employees, agents, and Contractors arising out of or in connection with the performance of the Contractor’s Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City of Avalon, Professional Services Agreement Page 7
Management and Operation ofAvalon Transit System
City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officias, officers, employees, agents, and/or volunteers, for any and all legal expenses arid costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official’s officers, employees, agents, or volunteers.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Contractors: City reserves right to empioy other Contractors in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer: Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5 13 Construction: References: Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment: Modification: No supplement, modification, or amendment of this Agreement shall he binding unless executed in writing and signed by both Parties.
City ofAvalon, Professiona’ Sen’ices Agreement Page 8
Management and Operation of Avaton Transit System
35.15 Waiver: No waiver of any default shaH constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona tide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractorwarrants that it has not paid nor has it agreed to pay any company or person, other than a bona tide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to tile, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement: Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, City of Avalon, Professional Services Agreement Page 9
Management and Operation ofAvalan Transit System
right, and aLithority to make this Agreement and bind each respective Party. 3522 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.23 Conflicting Provisions: In the case of any conflict between the terms of this Agreement and any exhibit attached hereto and incorporated herein by reference, the terms of this Agreement shall govern.
3.6 Subcontracting.
3.6.1 Prior Approval Required: Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following pagej
City ofAvalon, Professianal Services Agreement Page 10
Management and Operation of Avalon Transit System
PROFESSIONAL SERVICES AGREEMENT
FOR
MANAGEMENT AND OPERATION OF AVALON TRANSIT SYSTEM
CITY OF AVALON PARKING CONCEPTS, INC.
DIBIA
TRANSPORTATION CONCEPTS
By:_______________ Z ‘‘C
5120/2016
7 / Date 7 1 Date
Name: Rich Rogers
Attest:
I. Title: Chief Operating Ofl cci OL’u ,
\\ Date
[If Corporation! TWO SIGNATURES,
President OR Vice President AND
Secretary! AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]
Approved as to Form: 5/23/21N6
Date
Name Gill B3rnett
Date
City Attorney
Title: Secretary
City of Avalon, Professional Services Agreement Page 11 Management and Operation of A valon Transit System
FIRST AMENI)MENT TO TIlE
PROFESSIONAL SERVICES AGREEMENT FOR MANAGEMENT AND OPERATION OF AVALON TRANSIT SySTEM WITH PARKING CONCEPTS, INC. Dill/A
TRANSPORTATION CONCEPTS
THIS FIRST AMENDMENT to is made and entered into this 14 day of “W it, 2019, by and between the City of Avalon (the “City”), and Parking Concepts, Inc., a California corporation (Yb/a Transportation Concepts, with its principal place of business at 12 Mauchly, Building 1, Irvine, CA92618 (“Contractor”) sometimes jointly referred to as “Parties”
RECITALS
WHEREAS, on or about April 5,2016, the City and Contractor entered into a Professional Services Agreement for Management and Operation of Avalon Transit System (“Agreement’) tinderwhich Contractor agreed to provide transit services; and WI-IEREAS, the Parties wish to amend the Agreement to extend the term for an additional two (2) years as provided in Section 3,1.2 of the Agreement; and WHEREAS, pursuant to Section 3.5.14 ofthe Agreement, the Agreement may only be amended by written agreement signed by both the City and Contractor.
AGREEMENT
NOW, THERIEORE, in good and valuable consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged. the Partieshereto agree as follows:
The term of the Agrccmcnt, as set forth in Section 3. t of the Agreement. shall be extended through March 31,202! (“First Extension Period”).
2. Section 3.3.1 of the Agreement is arnendedlo include the following additional Fixed Monthly and Vehicle Revenue Flour Rates as follows:
Fixed Monthly Fixed \‘R1-1
Rate Rate
Period 4: April 1.2019— March 31. 2020: $37,067 $34.50
3, The Fixed Monthly and Vehicle Revenue Flour Rates for the second year of the First Extension Period, from April 1, 2020 through March 31, 202! (“Period 5”) shall increase in accordance with the Consumer Price Index for the Los Angeles-Long Beach-Anaheim area for the twelve month period of 2019.
4. This First Amendment shall affect only the items specifically set forth herein, and all other terms and conditions of the Agreement shall remain in full force and effect.
5. This First Amendment nay be signed in counterparts. each ofwhich shall constitute an original. 65059.00000\3t%16302.I
IN WITNESS WHEREOF, the City and Contractor have entered into this First Amendment to the Professional Services Agreement for Management and Operation of Avalon Transit System by and between the Cit3 of Avalon and Contractor, as of the date first set forth herein.THE CITY OF AVALON By
Name: Denise Radde
Title: City Manager
Date: )\I’ H
PARK1N9CONCEP)S, INC. (Ibu
TRi9S1’ORTATIØWON9LPTSB; I
Name:Title: P- Coo
Date: [If Corporation, TWO SIGNATURES. President
OR Vice President AND Secretary, ANDCORPORATE SEAL: OF CONTRAC’IOR REQUI REDj
ATTEST:/ /By: 7r,
Name: &Li3Amirr1
‘litle:.‘5 taE ‘incz j
ATTEST:By:.,t&ct h4\-asaA_-
Date:
Date:
Approved as to Form:
2 65059.00000UlZf 6302.1
SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT FOR MANAGEMENT AND OPERATION OF AVALON TRANSIT SYSTEM WITH PARKING CONCEPTS, INC. 1)/B/A
TRANSPORTATION CONCEPTS
11115 SECONI) AMENDMENT to is made and entered into this ‘ day of *L 2021, by and between the City of Avalon (t[e”City’’), and Parking Concepts, Inc., a Callforiiia corporation d/b/a Transportation Concepts, with its pu ncipal place ol busi ness at 12 Mauchly, Ru ildin [, Irvine, CA 92618 (“Confractor’’) sometimes jointly referred to as “Parties.”
RECITALS
WI-IEREAS, on or about April 5. 20!- 6. the (:hv and C:ontractor entered into a Pt’ofessional Smvtces Agreement for Management and Operation of Avalon Transit System “Agrecnicnt’) under which Contractor agreed tc’ provide transit services: and WHEREAS, on or about Mardi 21, 2019, the City and Contractor Amended the Professional Services Agreement for an additional two years: and
WHEREAS, the Parties wish to amend the Agreement to extend the lerin for an additional two (2) years as provided in Section 3.1.2 of the Agreement; and WHEREAS, pursuant to Section 3.5.14 of the Agreement. the Agreement may only he amended by written agreement signed by botI the City and Contractor.
AGREEMENT
NOW, THEREFORE, in good and valuable consideration of the mutual promises and cot enants coinained herein, the receipt and sufficiency of which is hereby acknowledged. the Parties hereto agree as tdliows:
‘[he term of the Agreement. as set forth in Section 3.1 of the Agreenicutt. shall be extendedthrough March 31, 2023 (‘Second Extension Period’’),
2. Section 3.3.1 of the Agreement is iende(1 to include the following additional Fixed Monthly and Vehicle Revenue Hour Rates as follows:
Fixed Monthly Fixed \‘RH
Rate Rate
Period 6: April 1,2021 --- March 31, 2022: $34,980 $34.51)
3. ‘I he Fixed Monthly and Vehicle Revenue I-thur Rates for the second year of Lhe Second Extension Period, front April 1, 2022 through March 31, 2023 (“Period 7”) shall increase in accordance with the Consumer Price Index for the 2021 1.os Angeles-Long Beach-Anaheim area for the twelve month period of 2023.
4. This Second Amendment shall affect only the items specifically set forth herein, and all other terms and conditions of the Agreement shall remain in full force and effect. 651)59,00000\3 It 16302,1
5. This Second Amendment may be signed iii cotinterpars. each of’ which shall constitute an ot. git in I
6. ‘this Second Amendment includes cost reduction for Period 6 of the Fixed Monthly Rate due to COVID—] 9. ‘Ihe City and/or Contractor may re—open negotiations regarding the Fixed Monthly Rate and the VRI I Rate dependent upon the stains of COVID-1 9.
IN WITNESS WHEREOF, the City and Contractor have entered into this Second Amendment to the Professional Services Agreement for Management and Operation of Avalon Transit System by and between the City oi Avalon and Contractor, as of the date first set forth herein.
THE CITY OF AVALON
Name: Denise Radde
‘litle: City Manager
Date:
PARKING CONCEPTS, INC. dho
TRANSPORTATION CONCEPTS
By’.. “I /
Name: Ri&flers
Title: )I’P -Chi Operating Officer
Date: 2
ATTEST:
[If Corporation. TWO SIGNATURES, President
ON Vice President AND Secretary. AND
CORPOkATE SEAL (iF CONTRACIOR
REQUIRED]
ATTEST: /
By: L(/._u_ I___________
‘S
- ;w. ‘... L
Date:
-J
Name: Gill i3arnett
lide: Secretary
Date: ‘1 7/237
Approved as to Form:
By:
Cii)’ Attorney
65059.0000001 S 16302.1
2 5. This Second Ajaendrncnt may he signed in counterparts, each of which shall coitsntole an orgnal.
6. This Second Amendment includes cost reduction for Pcjiod 6 of the. Fixed Monthly Rate clue to COV[D-19. The City and/or Contractor may re-open negotiations regarding the Fixed Monthly Rate and the VRH Rate dependent upon the status of COVtD-19.
IN WITNESS VHEREOF, the City and Contractor have entered into this Second Amendment to the Professional Services Agreement for Management and Oper.iticn of Avaion Transit System by and between the City of Avnlon and Contractor, as of the date first set ford: herein.iHE CJTY OF AVALON PARKING CONCErTS, INC. dIm TRANSPORj4i’JGf4 CONCEPTS
fly:. ___. .
.
Name: Denise Radtle Name: RØ ogeis
Title: City Manager Title/’P - Cm f Operating Officer
Date:
___
Date;
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIREDI
ATTEST: ATTEST:
By:_ -
Name: Gill flarnett
Titic: Secretary
Date: / Date: ._L?JiL\
Approved as to Form:
fly:
City Attorney
2 65059.%000\3 1514302.1