AVALON CITY COUNCIL MEETING
TUESDAY, FEBRUARY 20, 2024 -5:00 PM
410 AVALON CANYON ROAD
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (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 Il). All public records relating to an agenda item on this agenda are available for the publicinspection at the time the records are distributed to all, or a majority of all, members of the City Council. Suchrecords shall be available at City Hall located at 410 Avalon Canyon Rd.
For the public’s convenience, but not participation, the meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon.com/meetinqs *streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA
CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL
ANNOUNCEMENTS I WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT I CITY ATTORNEY REPORTCOUNCILMEMBER REPORTS I MAYOR REPORT
PRESENTATIONS
1. Representatives from Catalina Express will provide an overview of the new ticketing and reservation systems. (10 minutes)
2. Julie Barreda of Avalon Environmental Services, Inc. (CR&R) will provide an update regarding recycling and other service programs. (10 minutes)
3. Receive update from Southern California Edison regarding the Water General Rate Case and Catalina Desalination Enhancements. (10 minutes)
4. Jim Luttjohann from Love Catalina Island will provide a video recap and written summary of the 4th Quarter 2023 tourism promotions efforts. (10 minutes)
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on non agenda items at this meeting. Speakers should limit comments to two (2) minutes each.
CITY COUNCIL AGENDA
FEBRUARY 20, 2024PAGE 2
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 30, 2024 Special City Council Meeting and February 6, 2024 regular City Council Meeting.
2. Warrants
Expenditures Submitted for Approval
o Warrants in the amount of $829,226.26.o Two payrolls totaling $466,008.47.o Three electronic fund transfers totaling $138,193.14.
Recommended Action
Approve total expenditures for January 22, 2024 through February 9, 2024 totaling $1,433,427.87.
3. Professional Services Agreement for On-Call Planning Consultant Due to anticipated increased volume in high level planning items, including multiple large scale housing developments, potential hospital construction, and significant potential legislative changes to the Transient Rental License Ordinance, City staff recommendincreasing the maximum potential contract with Sagecrest by 20% to $150,000 during thenext one year renewal period.Recommended Action Authorize the City Manager or his designee to renew the professional services agreementwith Sagecrest Planning and Environmental, LLC for on-call Planning Consultant servicesfor an additional one year term for an annual cumulative total not to exceed $1 50,000.00.
4. Declare Vehicles and Equipment as Surplus
Historically, the City Council is presented with a list of items that are surplus, the Council declares it surplus, and then the declared items are either sold via Public Surplus, given to charity, or disposed of properly. Staff has compiled a list of vehicles that the City ofAvalon (City”) no longer uses and is insufficient for the current needs.
Recommended Action
Adopt a resolution declaring vehicles and equipment listed in resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy.
5. Adoption of an Ordinance Amending Title 4, Chapter 4, Article 17 Vehicle Registration On January 30, 2024 City Council introduced and waived all readings of an ordinance to require the marking of certain vehicles due to the increase in applications and approvals
CITY COUNCIL AGENDA
FEBRUARY 20, 2024PAGE 3
for commercial autoettes, commercial rental autoettes, interior commercial vehicles, and public service/public health and safety vehicles.
Recommended Action
Adopt an ordinance of the City of Avalon amending Title 4, Chapter 4, Article 17 addingthe requirement to mark all commercial autoettes, commercial rental autoettes, commercial vehicles, interior commercial vehicles, and public service/public health and safety vehicles with the legal name or fictitious business name of the applicant.
GENERAL BUSINESS6. Authorization to Purchase Parts and Materials from Shields, Harper & Company for the Underground Fuel Tank Replacement Project.
California requires the owners or operators of specific types of underground fuel storage tanks to permanently close by December 31, 2025. The City of Avalon owns four underground fuel tanks at the Avalon Fuel Dock that fall under this requirement.Recommended Action Authorize the City Manager, or their designee, to purchase parts and materials from Shields, Harper & Company, at a cost not to exceed $35,000, for the Underground Fuel Tank Replacement project.
7. Authorize PERC to Purchase Spare Pump for Catherine Saltwater Booster Station PERC Water maintains the City’s Wastewater Treatment Plant, which includes the Catherine Saltwater Booster Station. This booster station supplies all of the saltwater for Avalon, and is vital part to our City’s saltwater infrastructure. Having a spare pump readily available ensures a swift response to pump failures. Quick replacement of a malfunctioning pump minimizes downtime and helps maintain the continuous and efficient operation of the booster station.
Recommended Action
Authorize PERC to purchase a Weinman pump from California Electric Motor Source (CEMS) to be used as a spare pump for the Catherine Saltwater Booster Station.
Allocate funds from Saltwater Fund 11 3256552 for the procurement in the amount of not to exceed $36,000.
ADJOURN
NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Tuesday, February 20, 2024 was posted on Friday, February 16, 2024 on the City’s website www.cityofavalon.com/agendacenter, and at City Hall, 410 Avalon Canyon Road.
Devin Elise Hart, Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 20, 2024 AGENDA ITEM:
ORIGINATING DEP: City Clerk CITY MANAGER: L3U(
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the January 30, 2024 Special City Council Meeting and February 6, 2024 regular City Council Meeting.REPORT SUMMARY: Although the live recording is the official record of public meetings, 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:
• January 30, 2024 Special City Council Meeting Minutes• February 6, 2024 regular City Council Meeting Minutes
SPECIAL MEETING OF THE AVALON CITY COUNCIL
TUESDAY, JANUARY 30, 2024 — 5:00 PM
410 AVALON CANYON ROAD
MINUTES
CALL TO ORDER-5:OO p.m.ROLL CALL-Present via Teleconference and In-Person: Mayor Anni Marshall,Councilmembers Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and Management Analyst Devin Hart.
WRITTEN COMMUNICATIONS-None.
CONSENT CALENDAR-There was one item on the Consent Calendar. Motion to approve Item #1 made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
1. Waterside Proiect Application — Newport Coastal Adventure LLC Made the finding that Newport Coastal Adventure LLC will have a substantial negativeimpact upon existing mooring, docking, or other anchorage facilities within AvalonHarbor.
GENERAL BUSINESS
2. Transportation Permit Renewals
Approved the renewal of Transportation Permits for the businesses listed with conditions.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
3. Rental Transportation Permit Renewals
Approved the renewal of Rental Transportation Permits for Brown’s Bikes, Catalina FBikes, Catalina Business Enterprises, Inc., Catalina Island Company, and Island Rentals, Inc. with stated conditions.
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (All Ayes)
4. First Reading of an Ordinance Amending Title 4, Chapter 4, Article 17 Vehicle Registration
Introduced and waived all future readings of an ordinance amending Title 4, Chapter 4, Article 17 adding the requirement to mark all commercial autoettes, commercial rental autoettes, commercial vehicles, interior commercial vehicles, and public service/public health and safety vehicles with the legal name or fictitious business name of the applicant.
Motion to approve made by Michael Ponce, seconded by Mary Schickling. (All Ayes)
5. Public Transportation Services RFP Contract Award
1. Awarded a contract to Circuit Transit, Inc. for Public Transportation Services; 2.
Authorized the City Manager to negotiate contract terms. The final contract will be brought before the City Council for final consideration and approval.Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes)
SPECIAL CITY COUNCIL MINUTES
JANUARY 30, 2024
PAGE 2
6. Authorize Professional Services Contract to Assess the Condition of the Avalon Wastewater Treatment Plant
Authorized the City Manager to negotiate and execute a professional services contract to assess the condition of the Avalon Wastewater Treatment Plant for a not-to-exceed amount of $80,000.
Motion to approve made by Anni Marshall, seconded by Lisa Lavelle. (All Ayes) Mayor Marshall adjourned the meeting at 5:56 p.m.
I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Special City Council Meeting on January 30, 2024, is the official record of the Council Meeting and is on file and maintained in City Hall.
Gabrielle Morones, Deputy City Clerk
AVALON CITY COUNCIL MEETING
TUESDAY, FEBRUARY 6, 2024
MINUTES
CALL TO ORDER-5:O0 p.m.
ROLL CALL-Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Alsopresent: City Manager David Maistros, City Attorney Scott Campbell and Deputy City Clerk Gabrielle Morones.
WRITTEN COMMUNICATIONS-None.
CONSENT CALENDAR-There were four Items on the Consent Calendar. Motion to approve Items #1-#4 made Lisa Lavelle by, seconded by Michael Ponce. (All Ayes)
1. Minutes
Approved minutes from the January 16, 2024 regular City Council Meeting.
2. Warrants
Approved warrants in the amount of $1,361,217.48, one payroll totaling $248,108.65, three electronic fund transfers totaling $139,351.08 for a total expenditure of $1,748,677.21 for January 1, 2024 through January 19, 2024.
3. Fiscal Year 2023-2024 Second Quarter Treasurer’s Report Adopted Resolution No. SA 24-06 of the City Council of the City of Avalon/Successor Agency to the Avalon Community Improvement Agency Adopting the Treasurer’s Investment Report for Fiscal Year 2023/2024 Second Quarter.
4. REP for Joe Machado Field Concession Stand
Authorized the City Manager or his designee to circulate a request for proposals for qualified vendors to operate a snack bar concession at Joe Machado Field.
GENERAL BUSINESS5. FY24 Mid-Year Financial Results and Proposed Budget Amendments
1. Received the report of the Mid-Year Financial Results for FY23-24; and 2. Authorized the proposed budget amendments as outlined in Exhibit A to this report.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes) Mayor Marshall adjourned the meeting at 6:17 p.m.
I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on February 6, 2024, is the official record of the Council Meeting and is on file and maintained in City Hall.
Gabrielle Morones, Deputy City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 20, 2024 AGENDA ITEM:
________
ORIGINATING DEP: Finance CITY MANAGER: D
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: WarrantsRECOMMENDED ACTION(S): Approve total expenditures for January 22, 2024 throughFebruary 9, 2024 totaling $1,433,427.87.
REPORT SUMMARY: These disbursements through February are comprised of warrants from the US Bank General Account totaling $829,226.26, two payrolls totaling $466,008.47, and other electronic fund transfers totaling $138,193.14.
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 37398 -37433 276,25966 01/25/24 GF US BANK WARRANTS CK# 37434 17,400.08 01/26/24GF US BANK WARRANTS CK# 37435 267.54 01/29/24 GF US BANK WARRANTS CK# 37436 -37445 133,057.54 01/30/24 GE US BANK WARRANTS CK# 37446-37476 402,241.44 02/09/24 PAYROLL 226,012.87 01/26/24
PAYROLL 239,995.60 02/09/24EFT -CALPERS MEDICAL 90,054.94 02/05/24 EFT -CALPERS RETIREMENT 42,90524 01/23/24EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 5,232.96 02/09/24 TOTAL DISBURSEMENTS $ 1,433,427.87
GOAL ALIGNMENT: Ongoing meeting of City obligations.
FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY23-24 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 Lists, US Bank Credit Card Details
CITY OF AVALON
January 22, 2024 - February 9, 2024 DISBURSEMENTS
February 20, 2024
ITEM DESCRIPTION AMOUNT DATE
OF US BANK WARRANTS CKR 37398 -37433 276,259.66 01/25/24GF US BANK WARRANTS CKII 37434 17,400.08 01/26/24GF US BANK WARRANTS CK# 37435 267.54 01/29/24GF US BANK WARRANTS CK# 37436 -37445 133,057.54 01/30/24GE US BANK WARRANTS CK# 37446-37476 402,241.44 02/09/24 PAYROLL 226,012.87 01/26/24PAYROLL 239,995.60 02/09/24EFT -CALPERS MEDICAL 90,054.94 02/05/24EFT -CALPERS RETIREMENT 42,905.24 01/23/24EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 5,232.96 02/09/24 TOTAL DISBURSEMENTS $ 1,433,427.87
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATEAND THAT FUNDS ARE AVAILABLE FOR PAYMENT.
APPROVED AND AUDITED THIS
20TH DAY OF FEBRUARY 2024 I CERTIFY UNDER PENALTY OF PERJURY
THAT THE FOREGOING IS TRUE AND
CORRECT.
AUDIT COMMITTEE -LISA LAVELLE EXECUTED THIS 20TH DAY OF FEBRUARY 2024
AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR- MATTHEW BAKER $276,259.66
CITY OF AVALON
WARRANT DISBURSEMENTS
January 25, 2024
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
37398 1/25/2024 $ 1,346.27 ALL STAR FIRE EQUIPMENT, INC UNIFORMS - FIRE 37399 1/25/2024 $ - AMAZON CAPITAL SERVICES, INC. VOID - MULTI STUB CHECK 37400 1/25/2024 $ 18,501.72 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPARTMENTS37401 1/25/2024 $ 102.12 AVALON FREIGHT SERVICES, LLC FREIGHT - ALL DEPARTMENTS37402 1/25/2024 $ 1,371.39 AVALON MOORING & DIVING SERVICE - HARBOR 37403 1/25/2024 $ 15.37 BUTTE, JAMES REIMBURSMENT 0/P COSTS37404 1/2S/2024 $ 367.23 CARUSO FORD SUPPLIES GARAGE 37405 1/25/2024 $ 475.80 CATALINA BEVERAGE CO SUPPLIES - ALL DEPARTMENTS37406 1/25/2024 $ 50.00 CATALINA CHAMBER OF COMMERCE DUES - ADMINISTRATION37407 1/25/2024 $ 342.00 CATALINA ISLANDER ADVERTISING ALL DEPARTMENTS 37408 1/25/2024 $ 268.00 CATALINA PEST CONTROL SERVICE - HARBOR37409 1/25/2024 $ 261.89 CHAVOLLA, CARMELO REIMBURSMENT 0/P COSTS37410 1/25/2024 $ 150,668.27 CO. OF LOS ANGELES SHERIFF’S DEPT. RESIDENT DPTY - 12/2023 37411 1/25/2024 $ 6,049.45 CREATIVE SIGN, INC. SUPPLIES - VEHICLES 37412 1/2S/2024 $ 6,826.56 DELTA DENTAL DENTAL 01/2024
37413 1/25/2024 $ 586.00 DEWEY PEST CONTROL SERVICE - ALL DEPARTMENTS37414 1/25/2024 $ 767.74 DION & SONS MARINE FUELS INC FUEL - HARBOR 37415 1/25/2024 $ S2,926.10 EDISON UTILITIES - ALL DEPARTMENTS 37416 1/25/2024 $ 219.44 FRANCHISE TAX BOARD PAYROLL - DEDUCTION37417 1/25/2024 $ 326.62 GALLS, LLC UNIFORMS - FIRE37418 1/25/2024 $ 350.00 GLADWELLGOVERNMENTALSERVICES, INC SERVICE-ADMINISTRATION 37419 1/25/2024 $ 1,596.73 HINDERLITER, DE LLAMAS & ASSOCIATES SERVICE - FINANCE, FIRE 37420 1/25/2024 $ 2,870.00 LEAGUE OF CALIFORNIA CITIES MEMBERSHIP 2024 37421 1/25/2024 $ 430.38 MODEL 1 COMMERCIAL VEHICLES, INC. SUPPLIES - GARAGE37422 1/25/2024 $ 125.00 PEREZ, iESUS RENTAL - REFUND37423 1/25/2024 $ 62787 QUILL CORP SUPPLIES - ALL DEPARTMENTS 37424 1/25/2024 $ 954.36 RICOH AMERICAS CORP COPIER LEASE - PLANNING37425 1/25/2024 $ 5,300.00 JOHNSON CONTROLS FIRE PROTECTION LP ANNUAL FEE - FIRE37426 1/25/2024 $ - STANDARD INSURANCE COMPANY VOID - MULTI STUB CHECK37427 1/25/2024 $ 2,411.78 STANDARD INSURANCE COMPANY LIFE INSURANCE: 01/2024, 02/2024 37428 1/25/2024 $ 4,138.28 TACTICAL FIRE EQUIPMENT LLC SUPPLIES - FIRE37429 1/25/2024 $ - CORPORATE PAYMENT SYSTEMS VOID - MULTI STUB CHECK37430 1/2S/2024 $ 14,455.87 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL 37432 1/2S/2024 $ 24.78 WEST MARINE PRO SUPPLIES - HARBOR37432 1/25/2024 $ 679.78 WITMER PUBLIC SAFETY GROUP, INC. SUPPLIES - FIRE 37433 1/25/2024 $ 822.86 XEROX CORPORATION COPIER LEASE -ADMINISTRATION
CITY OF AVALON
WARRANT DISBURSEMENTS
January 26, 2024
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
37434 1/26/2024 $ 17,400.08 CART MART, INC. GEM E6 FINAL PAYMENT $17,400.08
CITY OF AVALON
WARRANT DISBURSEMENTS
January 29, 2024
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
37435 1/29/2024 $ 267.54 GARCIA, GUILLERMO PAYROLL: PPE 01/23/2024 $267.54
CITY OF AVALON
WARRANT DISBURSEMENTS
January 30, 2024
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
37436 1/30/2024 $ 94.34 BOUND TREE MEDICAL SUPPLIES - FIRE37437 1/30/2024 $ 209.59 CATALINA BEVERAGE CO SUPPLIES - ALL DEPARTMENTS37438 1/30/2024 $ 118,017.82 HARRY’S MARINE SERVICE, LLC SERVICE - HARBOR37439 1/30/2024 $ 2,071.34 QUADIENT POSTAGE - REFILL37440 1/30/2024 $ 75.00 REGISTRAR-RECORDER/COUNTY CLERK CERTIFIED RECORDING: ORD 1214-2337441 1/30/2024 $ 75.00 REGISTRAR-RECORDER/COUNTY CLERK CERTIFIED RECORDING: ORD 1215-2337442 1/30/2024 $ 75.00 REGISTRAR-RECORDER/COUNTY CLERK CERTIFIED RECORDING: ORD 1216-2437443 1/30/2024 $ 3,948.22 SPECIALTY DOORS SERVICE - FIRE 37444 1/30/2024 $ 7,819.62 SUPERION, LLC SOFTWARE LEASE - FINANCE37445 1/30/2024 $ 671.61 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL $133,057.54
$402,241.44
CITY OF AVALON
WARRANT DISBURSEMENTS
February 9, 2024
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
37446 2/9/2024 $ 11,711.08 AAA OIL, INC FUEL - ALL DEPARTMENTS37447 2/9/2024 $ 1,340.57 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPARTMENTS 37448 2/9/2024 $ 80.24 ARAMARK UNIFORMS - PUBLIC WORKS37449 2/9/2024 $ 174,687.06 CR&R INCORPORATED SWEEPER - 01/202437449 2/9/2024 $ 5,711.7D CR&R INCORPORATED CONTRACT SERVICES - 01/2024 37450 2/9/2024 $ 3,886,14 AVALON FREIGHT SERVICES, LLC FREIGHT - ALL DEPARTMENTS37451 2/9/2024 $ 2,945.50 BEYOND SOFTWARE SOLUTIONS CONTRACT SERVICES - IT37452 2/9/2024 $ 3,916.40 CATALINA BEVERAGE CO SUPPLIES - ALL DEPARTMENTS37453 2/9/2024 $ 49.95 CATALINA BROADBAND SOLUTIONS SERVICE - PUBLIC WORKS37454 2/9/2024 $ 10,327.00 CATALINA ISLAND COMPANY RENT - 02/202437455 2/9/2024 $ 89.00 CATALINA PEST CONTROL SERVICE - HARBOR 37456 2/9/2024 $ 581.30 COOK, AMANDA RETIREE INSURANCE: 01/2024 & 02/202437457 2/9/2024 $ 270.87 DON MILLER & SONS SUPPLIES - PUBLIC WORKS37458 2/9/2024 $ 54,166.22 EDISON UTILITIES - ALL DEPARTMENTS37459 2/9/2024 $ 2,376.00 GE SOFTWARE, INC. SERVICE - PUBLIC WORKS37460 2/9/2024 $ 23,275.00 GOVINVEST INC. ANNUAL FEES 37461 2/9/2024 $ 4,098.79 HOME DEPOT CREDIT SERVICES SUPPLIES - PUBLIC WORKS37462 2/9/2024 $ 595.00 LUPO, KARLA SERVICE RECREATION: 11/2023 & 12/202337463 2/9/2024 $ 175.00 JORDAHL CONSTRUCTION HHW DISPOSAL37464 2/9/2024 $ 417.69 LINDE GAS & EQUIPMENT INC. SUPPLIES - HARBOR37465 2/9/2024 $ 402.00 ISLAND EXPRESS HELICOPTERS INC. FREIGHT - PUBLIC WORKS37466 2/9/2024 $ 627.78 MCDONALD, AUDRA RETIREE INSURANCE 02/202437467 2/9/2024 $ 1,441.79 MCMASTER-CARR SUPPLIES - PUBLIC WORKS37468 2/9/2024 $ 1,725.12 NAPA AUTO PARTS SUPPLIES GARAGE37469 2/9/2024 $ 8,572.00 NETMOORING SERVICE - HARBOR37470 2/9/2024 $ 723.60 QUADIENT LEASING USA, INC. POSTAGE METER LEASE 37471 2/9/2024 $ 297.56 RICOH USA, INC. COPIER LEASE - PLANNING37472 2/9/2024 $ 4,430.00 THOMPSON, DAVE SERVICE - CITY HALL37473 2/9/2024 $ 70,972.86 PARKING CONCEPTS, INC. CONTRACT SERVICES - 01/2024 37474 2/9/2024 $ - CORPORATE PAYMENT SYSTEMS VOID - MULTIPLE STUB CHECK 37475 2/9/2024 $ 10,684.22 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL37476 2/9/2024 $ 1,664.00 HICKMAN, JESSICA SERVICE - RECREATION
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JANUARY 25, 2024
February 20, 2023
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT GONZALES 12/18/2023 $ 39.58 AMAZON SUPPLIES - OFFICES ADMINISTRATIONGONZALES 12/21/2023 $ 299.00 RPI SAN iOSE FL TRAINING - REGISTRATION ADMINISTRATION GONZALES 1/4/2024 $ 91.00 CATALINA EXPRESS TRAVEL - BOAT ADMINISTRATION GONZALES 1/9/2024 $ 800.00 CALACT TRAINING AND TRAVEL ADMINISTRATION BAKER 12/20/2023 $ 635.00 CSMFO TRAINING AND TRAVEL - CONFERENCE FINANCE BAKER 12/22/2023 $ 384.93 DLR ROOM TRAINING AND TRAVEL - LODGING FINANCE BAKER 1/2/2024 $ 144.00 GRAMMARLY OPERATION COSTS - IT FINANCE BAKER 1/4/2024 $ 384.79 ZOOM OPERATION COSTS IT FINANCEDAVID HART 12/20/2023 $ 36.23 VONS SUPPLIES - HOLIDAY RECREATIONDAVID HART 12/20/2023 $ 6.04 VONS SUPPLIES RECREATIONDAVID HART 12/22/2023 $ 42.89 CHET’S HARDWARE SUPPUES - SKATE PARK RECREATION DAVID HART 12/26/2023 $ 256.28 CHET’S HARDWARE SUPPLIES - SMALL TOOLS RECREATIONDAVID HART 1/8/2024 $ 407.40 SM MUSICPREMIUM ANNUAL ANNUAL SUBSCRIPTION RECREATIONDAVID HART 1/9/2024 $ 4,849.26 RCXMLSGO RCXSPORTS.COM UNIFORMS - SOCCER RECREATIONDAVID HART 1/10/2024 $ 273.00 CATALINA EXPRESS TRAVEL-DANCE CLASS (THREE INSTRUCTORS) RECREATIONDAVID HART 1/12/2024 $ 24.02 CHET’S HARDWARE SUPPLIES RECREATIONDAVID HART 1/12/2024 $ 12.01 CHET’S HARDWARE SUPPLIES - KEYS RECREATION LONG 1/4/2024 $ 219.25 SAN DIEGO COFFEE TEA & SPICE,INC SUPPLIES FIREMAISTROS 12/20/2023 $ 816,95 SIR SPEEDY PRINTING SUPPLIES - SUBSIDY CARDS ADMINISTRATIONMAISTROS 12/29/2023 $ 32.00 SIR SPEEDY PRINTING SUPPLIES - SUBSIDY CARDS ADMINISTRATIONMAISTROS 1/2/2024 $ 281.34 ORFY BANK AND CC FEES ADMINISTRATIONM. i. ALEGRIA 12/18/2023 $ 426.00 SD MISSION DAY LODGING SAN DIEGO TRAVEL - LODGING FIREM. J. ALEGRIA 12/18/2023 $ 8.02 SD MISSION BAY RESORT TRAINING - MEAL FIREM. 1. ALEGRIA 12/21/2023 $ 149.00 EMERGENCY MEDICAL SERVICE TRAINING FIRE M. J. ALEGRIA 12/21/2023 $ 149.00 EMERGENCY MEDICAL SERVICE TRAINING FIREM. J. ALEGRIA 12/21/2023 $ 3.31 SERVICE FEE TRAINING PROCESSING FEE FIREM. J. ALEGRIA 12/21/2023 $ 3.31 SERVICE FEE TRAINING PROCESSING FEE FIREM. J. ALEGRIA 12/21/2023 $ 93.50 CARHARTT UNIFORMS FIREM. J. ALEGRIA 12/28/2023 $ 332.45 INT’L CODE CONUCIL INC ANNUAL SUBSCRIPTION AND BOOKS FIREM. J. ALEGRIA 1/3/2024 $ 116.40 VONS MEAL FOR INCIDENT FIREM. J. ALEGRIA 1/4/2024 $ 328.84 CLARION ROOKS AND VIDEO TRAINING - FIRE BOOKS FIRE M. J. ALEGRIA 1/4/2024 $159.00 IEX HELICOPTERS TRAINING AND TRAVEL - TRAVEL FIREM. J. ALEGRIA 1/11/2024 $ 167.31 COPOUEST UNIFROMS FIREM. J. ALEGRIA 1/15/2024 $ 241.18 GALLS UNIFORMS FIREM. J. ALEGRIA 1/18/2024 $ 109.99 DECKERS*HOKA UNIFORM FIREMEFFERT 12/18/2023 $ 128.64 AMAZON SUPPLIES-MAINTENANCE OF PREMISES FIREMEFFERT 12/18/2023 $ 28.88 AMAZON SUPPLIES-MAINTENANCE OF PREMISES FIRE MEFFERT 12/29/2023 $ 27.87 CHET’S HARDWARE SUPPLIES - AMBULANCE FIREMEFFERT 1/10/2024 $ 194.37 AMAZON SUPPLIES-MAINTENANCE OF PREMISES FIREMEFFERT 1/12/2024 $ 34.54 CHETS HARDWARE SUPPLIES - AMBULANCE FIREMEFFERT 1/12/2024 $ 2.11 CHETS HARDWARE SUPPLIES-MAINTENANCE OF PREMISES FIREMEFFERT 1/12/2024 $ 32.30 AMAZON SUPPLIES - AMBULANCE FIREMEFFERT 1/15/2024 $ 40.26 AVACARE MEDICAL SUPPLIES - AMBULANCE FIRE CARSTARPHEN 12/29/2023 $ 3.99 WATHERFLOW WEATER SUBSCRIPTION -IT HARBORCARSTARPHEN 1/5/2024 $ 250.00 CATALINA EXPRESS TRAVEL - COMMUTER BOOK HARBORCARSTARPHEN 1/8/2024 $ 84.00 HOTEL METROPOLE LODGING - WEATHER EVENT HARBORCARSTARPHEN 1/8/2024 $ 500.00 DATATEL COMMUNICATIONS SUBCRIPTION - IT HARBORCARSTARPHEN 1/9/2024 $ 84.00 HOTEL METROPOLE LODGING -WEATHER EVENT HARBORCARSTARPHEN 1/11/2024 $ 19.00 SENDHUB SUBCRIPTION - IT HARBORCAMPBELL 12/29/2023 $ 688.64 CAL CHAMBER OF COMMERCE SUPPLIES - HR POSTERS ADMINISTRATIONCAMPBELL 1/12/2024 $ 14.99 CANVA SUBCRIPTION - IT ADMINISTRATION $ 14,455.87 CHECK NUMBER 37430
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID JANUARY 30, 2024
February 20, 2023
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT DEVIN HART 12/18/2023 $ 422.40 CITRIX OPERATION COSTS - IT ADMINISTRATIONDEVIN HART 12/28/2023 $ 59.00 TYPEFORM OPERATION COSTS - IT ADMINISTRATIONDEVIN HART 12/29/2023 $ 20.00 AVALON LAUNDRY MAINTENANCE ADMINISTRATION DEVIN HART 1/2/2024 $ 35.00 SINCH MAILGUN OPERATION COSTS - IT ADMINISTRATIONDEVIN HART 1/6/2024 $ 82.96 CYBERLYNK OPERATION COSTS - IT ADMINISTRATIONDEVIN HART 1/11/2024 $ 9.65 UNITED STATES POSTAL SERVICE ELECTION ADMINISTRATIONDEVIN HART 1/15/2024 $ 42.60 VISTIAPRINT OFFICE SUPPLIES ADMINISTRATION $ 671.61 CHECK NUMBER 37445
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID FEBRUARY 9, 2024
February 20, 2023
VENDOR
ENGINEERS
CHETS HARDWARE
CHETS HARDWARECHET’S HARDWARE
CHET’S HARDWARECHET’S HARDWARE
CHETS HARDWARECHETS HARDWARECHETS HARDWARECHETS HARDWARE
UCD EXT MOTO (UC DAVIS CPE)
BUILDERS BODKSOURCE
CHETS HARDWARE
PEBBLY BEACH BUILDING SUPPLY
PEBBLY BEACH BUILDING SUPPLY
CHETS HARDWARE
CHET’S HARDWARECHETS HARDWARE
FERGUSON INDUSTRIALHOTEL METROPOLE
14.99 ADOBE
113.30 STICKERMULE
CHETS HARDWARE
CHETS HARDWARE
DESCRIPTIONLICENSE RENEWAL
CITY HALL IMPROVEMENTS
CITY HALL IMPROVEMENTSCITY HALL IMPROVEMENTS
CITY HALL IMPROVEMENTS
CITY HALL IMPROVEMENTS
CITY HALL IMPROVEMENTSCITY HALL IMPROVEMENTS
SUPPLIES - SAFETY
CITY HALL IMPROVEMENTS
TRAINING - D. ROMO
TRAINING - D. ROMO
SUPPLIES - SMALL TOOLSCITY HALL IMPROVEMENTS
SUPPLIES - SHOP
SUPPLIES - SMALL TOOLS
SUPPLIES - IRRIGATION REPAIRSSUPPLIES - MAINTENANCE OF PREMISES
SUPPLIES - PLUMBING MOLE
TRAVEL - LODGING
UNIFORMS
SUPPLIES - GENERATOR ROOF REPAIR
HARBOR - FLOAT MAINTENANCE
SUPPLIES - VEHICLE MAINTENANCE
SUPPLIES - STREET SIGNS
SUPPLIES - CITY HALL HEATER
SUPPLIES - WEARHOUSE
CITY HALL IMPROVEMENTS
SUPPLIES - HOLIDAY
SUPPLIES - SKATE PARK
OPERATION COSTS- ITSUPPLIES -VEHICLES
OPERATION COSTS- ITOPERATION COSTS- ITOPERATION COSTS- IT LIVESCAN EMPLOYEES (X3)
SUPPLIES - CODE
UNIFORMS - CODE
SUPPLIES - SMALL TOOLS
SUPPLIES - SMALL TOOLSSUPPLIES - SMALL TOOLS
SUPPLIES - SMALL TOOLS
SUPPLIES - MAINTENANCE OF PREMISESSUPPLIES - FLOAT MAINTENANCE
MAINTENANCE OF PREMISES
SUPPLIES - GREEN PIERSUPPLIES - GREEN PIERSUPPLIES - GREEN PIER
SUPPLIES - GREEN PIERSUPPLIES -SMALL TOOLSSERVICE - VEHICLE MAINTENANCE
SUPPLIES - VEHICLE MAINTENANCE
DEPARTMENT
PUBLIC WORKSPLANNING & BUILDING
PLANNING & BUILDING
PLANNING & BUILDING
PLANNING & BUILDING
PLANNING & BUILDINGPLANNING & BUILDINGPLANNING & BUILDING
PLANNING & BUILDINGPLANNING & BUILDING
PLANNING & BUILDING
PLANNING & BUILDING
PUBLIC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKSPUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKSPUBLIC WORKS
PUBLIC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKS
PUBUC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKSPUBLIC WORKSPUBLIC WORKS
PUBLIC WORKS
ADMINISTRATIONADMINISTRATIONADMINISTRATION
ADMINISTRATIONADMINISTRATION
ADMINISTRATION
ADMINISTRATIONADMINISTRATION
HARBOR MAINTENANCEHARBOR MAINTENANCEHARBOR MAINTENANCE
HARBOR MAINTENANCE
HARBOR MAINTENANCEHARBOR MAINTENANCE
HARBOR MAINTENANCEHARBOR MAINTENANCEHARBOR MAINTENANCEHARBOR MAINTENANCE
HARBOR MAINTENANCE
GARAGE
GARAGE
GARAGE
LAST NAME POST DATE AMT USD
180.00
28.57 48.90
26.58 43.42
94.78 34.25
146.10
28.59 49.85
775.00
92.88 56.08
104.97
13.16 68.1729.83
17.59 262.28267.68150.00
1,032.99
1,410.521,249.95
154.35
85.79 98.54
10.99 27.45
142.98104.92
$106.65
76.35 37.27
191.69
19.78 86.21
GREEN LAWGILBERT
GILBERT
GILBERTGILBERTGILBERT
GILBERT
GILBERT
GILBERTGILBERTGILBERTGILBERT
H MI E LAK
HM IE LAK
HMIELAK
H MI ELAKH M ELAKHMIELAK
HMIELAKH MI FLAK
HMIELAK
H M IELAKH MI E LAKHMIELAK
HMIELAKHMIELAK
JEFF HERNANDEZ
JEFF HERNANDEZJEFF HERNANDEZJEFF HERNANDEZJEFF HERNANDEZ
JEFF HERNANDEZJEFF HERNANDEZJEFF HERNANDEZ
JEFF HERNANDEZJEFF HERNANDEZJEFF HERNANDEZ
FRANCISFRANCISFRANCIS
FRANCIS
FRANCIS
FRANCIS
FRANCISFRANCISP. HERNANDEZ
P. HERNANDEZP. HERNANDEZP. HERNANDEZ
P. HERNANDEZP. HERNANDEZ
P. HERNANDEZP. HERNANDEZP. HERNANDEZ
P. HERNANDEZP. HERNANDEZRUBIO
RUBIO
RU 810
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12/18/2023 $
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1/4/2024 $1/4/2024 $
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RED WING IN HOUSE
PEBBLY BEACH BUILDING SUPPLY
EPLASTIC
CREATIVE BUS SALES
BRIMAR INDUSTRIES (SAFETYSIGNCOM)
CHETS HARDWARE
PEBBLY BEACH BUILDING SUPPLYCHET’S HARDWARE
CHET’S HARDWARECHETS HARDWARECHETS HARDWARE
CHETS HARDWARE
PEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLY CHETS HARDWARECHET’S HARDWARE
CITY HALL IMPROVEMENTS
SUPPLIES - SMALL TOOLS
CITY HALL IMPROVEMENTS
CITY HALL IMPROVEMENTS
CITY HALL IMPROVEMENTSCITY HALL IMPROVEMENTSCITY HALL IMPROVEMENTS
ANGELCAM
ANGELCAM
DUO.COM SECURITY
AVALON PASS
PARKING ZONE
AMBASSADOR UNIFORM
CHET’S HARDWARE
CHET’S HARDWARE
PEBBLY BEACH BUILDING SUPPLY
89.99 15.32
120.00
169.95
169.26
258.03
74.7238.4758.5168.18
12.09 25.28
7.47 77.81
339.70
150.05
23.1837.94
683.66
16.48 CHET’S HARDWARE
CHET’S HARDWARE
PEBBLY BEACH BUILDING SUPPLY
PEBBLY BEACH BUILDING SUPPLY
PEBBLY BEACH BUILDING SUPPLYPEBBLY BEACH BUILDING SUPPLY
CHETS HARDWARE
TOYOTA MATERIAL
CHETS HARDWARE
CITY OF AVALON
US BANK CREDtT CARD CHARGES PAID FEBRUARY 9, 2024
February 20, 2023
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT SCHMIDT 12/18/2023 $ 118.17 CHETS HARDWARE SUPPLIES - STORM HARBORSCHMIDT 12/18/2023 $ 19.79 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBORSCHMIDT 12/18/2023 $ 16.68 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBOR SCHMIDT 12/19/2023 $ 67.07 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBORSCHMIDT 12/21/2023 $ 41.56 LEOS CATALINA DRUG STORE OFFICE SUPPLIES HARBORSCHMIDT 1/9/2024 $ 83.18 VONS OFFICE SUPPLIES HARBORSCHMIDT 1/11/2024 $ 55.77 CHETS HARDWARE SUPPLIES - MAINTENANCE OF PREMISES HARBORSCHMIDT 1/15/2024 362.45 GALLS UNIFORMS HARBOR $ 10,684.16 CHECK NUMBER 37475
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 20, 2024 AGENDA ITEM: ________ ORIGINATING DEP: Administration CITY MANAGER: _______ PREPARED BY: David Maistros, City Manager Devin Hart, Management Analyst
SUBJECT: Professional Services Agreement for On-Call Planning Consultant RECOMMENDED ACTION(S): Authorize the City Manager or his designee to renew the professional services agreement with Sagecrest Planning and Environmental, LLC for on-call Planning Consultant services for an additional one year term for an annual cumulative total not to exceed $150,000.00.
REPORT SUMMARY: On March 21, 2023 the City Council authorized the City Manager to execute a professional services agreement with Sagecrest Planning and Environmental, LLC (‘Sagecrest”) for on-call planning consultant services for a not to exceed contract sum of $125,000.
Prior to City Council authorization, the City of Avalon had been seeking technical planning and environmental review expertise through advertising for a full-time Planning Director position.
However, though a job posting for a vacant Planning Director position had been advertised an approximate 10 month period, from May 2022 to March 2023, the City had not been able to identify a suitable candidate.
The agreement with Sagecrest allows the City to utilize a broad range of consultants with expertise in varying areas of planning, development and land use entitlements.
During Sagecrest’s 10-month tenure as the City’s on-call planning consultant, they have provided significant assistance to staff regarding a myriad of planning and environmental itemsincluding, but not limited to:
- Processing of planning entitlement applications, including Conditional Use Permits, Tentative Parcel Maps, Site Plan Reviews, and Coastal Development Permits; - Restarting the Local Coastal Program amendment process to address seal level rise and climate change planning;
- Meeting with prospective planning entitlement/building permit applicants to answer planning questions in person, via email and phone;
- Regularly reviewing legislation to keep the City up to date on State planning regulations;- Preparing multiple municipal code updates to fulfill the requirements of the reporting for the Housing Element Implementation Plan;
- Preparing the 2023 General Plan and Housing Element annual reports, due April 1; - Coordinating with City staff on research into potential updates to the City’s Transient Rental Licensing program;
- Continuously meeting and conferring with Island Stakeholders regarding potential development and land use including, Catalina Island Health.
During 8 months of the contract period, the City has expended approximately $82,500 for planning services with Sagecrest. It is anticipated the 12-month contract will be less than $125,000. The cost for services provided by Sagecrest compared to the potential cost of a fully weighted full-time Planning Director salary ($180,000) results in a significant cost savings to the City. Additionally, due to Sagecrest’s experience in the field, the City has experienced a significant cost savings (more than $55,000) in planning related legal fees in 2023 compared to 2022.
Due to anticipated increased volume in high level planning items, including multiple large scalehousing developments, potential hospital construction, and significant potential legislative changes to the Transient Rental License Ordinance, City staff recommend increasing the maximum potential contract with Sagecrest by 20% to $150,000 during the next one yearrenewal period.
GOAL ALIGNMENT: Sustainability of operations.
FISCAL IMPACTS: FY 2023-24 Planning Services budget has contract sum budgeted (accountnumber 10255-5055).
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not have specialized planning support.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Sagecrest PSA
/-.‘ p C.’
CITY OF AVALON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 51 ‘ day of h, 201.3, by and between the City of Avalon, a municipal corporation organized under the laws of the State ofCalifornia with its principal place of business at 410 Avalon Canyon Road, Avalon, California90704 (“City”) and Sagecrest Planning and Environmental, a Limited Liability Company, with its principal place of business at 27128 Paseo Espada, Suite 1524 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. FECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing technical planning and environmental review services to public clients, is licensed in the State of California, and is familiar with the plans of City.;
2.2 Project.
City desires to engage Consultant to render such professional services for on-call, as needed, technical planning and environmental review (“Project”) as set forth in this Agreement.3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessdry to fully and adequately supply the professional technical planning and environmental review consulting services necessary for the Project (“Services”). The Services are moreparticularly described in Exhibit “A” attached hereto and incorporated herein by reference. AllServices shall be subject to, and performed in accordance with, this Agreement, the exhibitsattached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from April 1, 2023 to April 1, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at itssole discretion, to renew this Agreement automatically for no more than two (2) additional oneyear terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth (B8&K 2022) -1- Professional Seivices Agreement
65059.00000U3978539.2
in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000.00) annually without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly
invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant’s fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit “C” of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant 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.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.2.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any personnel performing the Services on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control.
Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as requiredby law. Consultant 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.
3.3.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in (SD&K 2022) -2- Professional Servtces Agreement
65059.00000\33978539.2
Exhibit “B’ attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnelof at least equal competence upon written approval of City. In the event that City and Consultantcannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Amy Vasquez, President.
3.3.5 City’s Representative. The City hereby designates the City Manager, or hisfher designee, to act as its representative in all matters pertaining to the administration andperformance of this Agreement (“City’s Representative”). City’s Representative shall have thepower to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City’s behalfand to execute all necessary documents which enlarge the Scope of Services or change the Consultant’s total compensation subject to the provisions contained in this Agreement.Consultant shall not accept direction or orders from any person other than the City Manager,City’s Representative or his/her designee.
3.3.6 Consultant’s Representative. Consultant hereby designates Amy Vasquez, President, or his/her designee, to act as its representative for the performance of thisAgreement (“Consultant’s Representative”). Consultant’s Representative shall have full authorityto represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill andattention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of alt portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standardsgenerally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultantsshall have sufficient skill and experience to perform the Services assigned to them. Finally,Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services,and that such licenses and approvals shall be maintained throughout the term of this Agreement. (BB&K 2022) 3. Professiona’ Services Agreement
65059.00000”33978539.2
Consultant shal I 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 Consultant’sfailure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or anyemployee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (‘Performance Time). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestonesdescribed in Exhibits ‘A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (‘Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event.
A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized laboraction occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders ofgovernmental authorities,” includes ordinances, emergency proclamations and orders, rules toprotect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
33.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement inaccordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations: Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules andregulations in any manner affecting the performance of the Project or the Services, including allCal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely (BB&K 2022) -4- Professional Services Agreement
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responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to theindemnification 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.
3.3.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform andControl Act of 1986, as may be amended from time to time and shall require all subconsultantsand sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.2 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officerof Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections
3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employeeor 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. Consultant 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.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California AirResources Board (CARB). Consultant shall indemnify City against any fines or penalties imposedby SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicablelaws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where (BB&K 2022) Professional Services Agreement
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the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so asto avoid injury or damage to any person or property. In carrying out its Services, the Consultant 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.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcorisultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Reciuired. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, or the exact equivalent, with limits of not Tess than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any otherexclusion(s) contrary to the terms or purposes of this Agreement. (8) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors
& Omissions: Professional
Liability insurance or Errors
& Omissions insurance appropriate to Consultant’s profession with limits of not Less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect (BB&K 2022) -6- Professional Services Agreement
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the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any otherexclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors
& Omissions. (1)
Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers’ Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation:
A waiver of subrogation stating that the
insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributinci Insurance. All policies of insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications (BB&K 2022) -7- ProfessonaI Services Agreement
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to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from eachof its subconsultarits.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention - 3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing thatsuch insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in therequired coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:Vll and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurancethrough surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to informConsultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, orother requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by theCity, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(8) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled (BB&K 2022) -8- Professional Services Agreement
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and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withholdamounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from Liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
33.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insurecis to the subconsultant’s policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents andvolunteers as additional insureds using endorsement form iSO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant tocommence work on any subcontract relating to this Agreement until it has received satisfactoryevidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
34.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailingwage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services (BB&K 2022) -9- Professional Services Agreement
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available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 ReciistrationfDlR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR’). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3,4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant 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 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant 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. Consultant 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 final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, (BB&K 2022) -10- Professional Services Agreement
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at least seven (7) days before the effective date ofsuch termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
36.1.3 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 asit may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All 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:
Consultant: Sagecrest Planning and Environmental
27128 Paseo Espada, Suite 1524
San Juan Capistrano, CA 92675
ATTN: Amy Vasquez
City: City of Ava Ion
410 Avalon Canyon RoadAvalon, CA 90704
ATTN: CiTY MANAGER
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 itsapplicable address. Actual notice shall be deemed adequate notice on the date actual noticeoccurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 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 works of authorship fixed in any tangible medium of expression, 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 Consultant under this Agreement (“Documents & Data’). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part byConsultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish (BB&K 2022) -11- Professional Services Agreement
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where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents
& Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents
& Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents
& Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents
& Data on such other project. Consultant shall be
responsible and liable for its Documents
& Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents
& Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsibLe or liable for any revisions to the Documents
& Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of anypatent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, writteninformation, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant 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. Nothingfurnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use (88&K 2022) -12- Professional Services Agreement
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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.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 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.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), 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 of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, (BB&K 2022) -13- Professional Services Agreement
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understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et q. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/orchanged conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specifiedherein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
36.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.6.11 Assignment or Transfer. Consultant 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 attemptedassignment, hypothecation or transfer.
3.6.12 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 Consultant include all personnel, employees, agents, and subconsultantsof Consultant, except as otherwise specified in this Agreement. All references to City include itselected 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.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall 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.
(BB&K 2022) -14- Professional Services Agreement
65059.00000\33978539.2
3,6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 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.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violationof this warranty, City shall have the right to rescind this Agreement without Hability. 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.
3.6.18 Authority to Enter Agreement. Consultant 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, right, and authority to make this Agreement and bind each respective Party.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
3.7 Subcontracting.
3.7.1 Prior Approval ReQuired. Consultant 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 NEXT PAGE]
(BB&K 2022) -15 Professional Services Agreement
65059.00000\33978539.2
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF AVALON AND
SAGECREST PLANNING AND ENVIRONMENTAL, LLC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF AVALON
Approved By:
ta1d M. Maistros
City Manager
Approved as to Form:
est&KirgerLd’
City Attorney
Attested By:
Gabrielle tvlorQnes, Deputy City Clerk
N
(BB&K 2022)
6505900000\33978539.2
SAGECREST PLANNING ANDENVIRONMENTAL
Amy Vazquez
President
-16- Professional Services Agreement
EXHIBIT ‘A”
SCOPE OF SERVICES
- Review, analyze and process discretionary cases consistent with City codes, policies and standards. Utilize City electronic and paper files to research previous andlor related cases.
- Prepare environmental analysis, including, but not limited to, Initial Studies and Negative Declarations, as required by the California Environmental Quality Act (CEQA). - Route plans to City departments; consolidate comments; and present recommendations and revisions to the applicant. Work with other departments to ensure consistency of comments. Prepare staff reports and presentations to citizen committees and decisionmaking bodies. - Maintain communication with applicants, interested parties, property owners, homeowner associations, etc. Respond to inquiries about projects from residents and applicants.
- Prepare notices for public meetings and hearings in accordance with City and CEQA requirements.
- Attend community meetings and public hearings, as required, and present reports to various Boards, Commissions, and the City Council.
- Review grading and building plans for consistency with discretionary approvals and environmental mitigation, if applicable.
- Provide staff at the public information counter, if necessary. (BB&K 2022) Exhibit A-I-I Professional Services Agreement 65059.00000\33978539.2
EXHIBIT “B”
SCHEDULE OF SERVICES
Services will be provided as needed, on-call and shall meet defined deadlines identified on a case-by-case basis.
(BB&K 2022) Exhibit ‘B-1 Professional Services Agreement 6505900000\33978539.2
EXHIBIT HCH
COMPENSATION
The total compensation shall not exceed ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125000.00) annually without written approval of the City Council or City Manager, as applicable.
Sagecrest will perform consulting services based on the following breakdown of classification of hourly rates for key personnel:
Position Hourly rate
Planning Director $220.00
City Planner $200.00
Zoning Administrator $160.00
Principal Planner $160.00
Senior Planner $140.00
Associate Planner $120.00
Assistant Planner $90.00
Planning Aide $80.00
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. (BB&K 2022> Exhibit C-I Professional Services Agreement 6505 9.00000\33978539.2
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 20, 2024 AGENDA ITEM: ________ ORIGINATING DEP: Public Works CITY MANAGER: S)L& PREPARED BY: Jamie Hmielak, Maintenance Superintendent
SUBJECT: Declare Vehicles and Equipment as Surplus
RECOMMENDED ACTION(S): Adopt a resolution declaring vehicles and equipment listed inresolution as surplus properly and authorize the City Manager to dispose of it in accordance with City policy.
REPORT SUMMARY: Historically, the City Council is presented with a list of items that are surplus, the Council declares it surplus, and then the declared items are either sold via Public Surplus, given to charity, or disposed of properly. Staff has compiled a list of vehicles that the City of Avalon (“City”) no longer uses and is insufficient for the current needs of the Public Works Department, Community Services, Wastewater Treatment Plant, or Avalon Transit. The listed surplus vehicles below are inoperable, not able to be economically repaired, and/or are no longer safe to use.
Year I Make I Model Dept. License Plate VIN/Serial#
2014 Dodge Caravan Minivan DAR 1474420 2C7WDGBG0ER4322652014 Dodge Caravan Minivan DAR 1474420 2C7WDGBG0ER432276 2005 Ford Ranger Pickup Truck Public Works 1211914 1 FTYR1 0D55PA653452008 Ford Ranger Pickup Truck Public Works 1317657 1FTYR1ODX8PB08355 2002 Ford F-250 Flatbed Truck Public Works 1135913 1FTNF2OLZZED283432000 Ford F-350 Flatbed Truck Harbor Maint. 1042293 1FDWF36SOYEA61443 2020 Evinrude 15OHP Outboard Motor Harbor Dept. N/A 05565961 2017 Evinrude 15OHP Outboard Motor Harbor Dept. N/A 055141612017 Evinrude 15OHP Outboard Motor Harbor Dept. N/A 05506632 FISCAL IMPACTS: Unknown
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will have in their possession old, unused, and inoperable vehicles and equipment that adds to the clutter at City facilities.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENT: Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVALON DECLARING SPECIFIED EQUIPMENT
TO BE SURPLUS AND AUTHORIZING
THE SALE OR DISPOSAL THEREOF
WHEREAS, Government Code Section 37350 authorizes the City Council to control and dispose of property for the common benefit; and WHEREAS, the City Council wishes to declare certain equipment to be surplus and has determined that sale or disposal, as indicated below, is appropriate and will benefit the City:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON
DECLARES, FINDS AND RESOLVES AS FOLLOWS:
Section 1. The City Council hereby declares the following equipment to no longer be useful or necessary to the City’s services and programs and therefore surplus property, to be disposed of as indicated below:
Year I Make I Model Dept. License Plate VINISerial#
2014 Dodge Caravan Minivan DAR 1474420 2C7WDGBG0ER432265 2014 Dodge Caravan Minivan DAR 1474420 2C7WDGBG0ER432276 2005 Ford Ranger Pickup Truck Public Works 1211914 1FTYR10D55PA653452008 Ford Ranger Pickup Truck Public Works 1317657 1FTYR1ODX8PBO8355 2002 Ford F-250 Flatbed Truck Public Works 1 135913 1 FTNF2OLZZED28343 2000 Ford F-350 Flatbed Truck Harbor Maint. 1042293 1 FDWF36S0YEA61443 2020 Evinrude 15OHP Outboard Motor Harbor Dept. N/A 055659612017 Evinrude 15OHP Outboard Motor Harbor Dept. N/A 055141612017 Evinrude I5OHP Outboard Motor Harbor Dept. N/A 05506632 Section 2. Staff is authorized to dispose of the listed equipment by sale, giving to a charity or disposal.
PASSED, APPROVED AND ADOPTED this 20th day of February, 2024.
Ayes:
Noes:
Absent:
Abstain: ___________________ Anni Marshall, Mayor
ATTEST:
Gabrielle Morones, Deputy City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 20, 2024 AGENDA ITEM: __________ ORIGINATING DEP: Administration CITY MANAGER: UJ{ PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Adoption of an Ordinance Amending Title 4, Chapter 4, Article 17 Vehicle Registration
RECOMMENDED ACTION(S): Adopt an ordinance of the City of Avalon amending Title 4, Chapter 4, Article 17 adding the requirement to mark all commercial autoettes, commercial rental autoettes, commercial vehicles, interior commercial vehicles, and public service/public health and safety vehicles with the legal name or fictitious businessname of the applicant.
REPORT SUMMARY: On January 30, 2024 City Council introduced and waived allreadings of an ordinance to require the marking of certain vehicles due to the increase in applications and approvals for commercial autoettes, commercial rental autoettes,interior commercial vehicles, and public service/public health and safety vehicles.
The requirement to mark permitted vehicles as an added condition with the commercial enterprise’s legal name or fictitious business name in minimum 1” lettering. The Vehicle Clerk will ensure vehicles are in compliance upon annual renewal and Code Enforcement during patrols.
At this meeting, the City Council is asked to adopt the ordinance.
FISCAL IMPACTS: None.
GOAL ALIGNMENT: Improved Business Process
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None.
FOLLOW UP ACTION: Publish ordinance and update Avalon Municipal Code.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
. Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVALON AMENDING
TITLE 4, CHAPTER 4, ARTICLE 17
OF THE AVALON MUNICIPAL CODE
ADDING VEHICLE MARKING REQUIREMENTS
WHEREAS, the number of commercial autoette permits, commercial rental autoette permits, interior commercial vehicle permits, and public service/public health andsafety vehicle issued has seen a notable increase in the last five years; and, WHEREAS, Avalon Municipal Code Title 4, Chapter 4, Article 17 currently dictates the registration of vehicles; and,
WHEREAS, the Council has determined there is a need to better condition the use of commercial and public service vehicles; and,
WHEREAS, the City wishes to now amend its Municipal Code to ensure the continued appropriate use of permitted vehicles.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:Section 1. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance.
Section 2. Avalon Municipal Code § 4-4.1716 is amended to read as follows (new language is underlined, removed language is struck):
4-4.1716 Vehicle Markings.
All vehicles issued commercial autoette permits, commercial vehicle permits, interior commercial vehicle permits, and public service/public health and safety vehicle permits shall be clearly marked with the legal name or fictitious business name, as stated on the vehicle permit application. The markings shall be clearly visible utilizing minimum one inch (1”) lettering.
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, orphrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, void, or invalid, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional, void, or invalid.Section 4. CEQA Exemptions. The City Council finds that adoption of this Ordinance is not a project subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15378 (the activity will not result in a direct or reasonably foreseeable indirect65059.00000\41 755375.1 physical change in the environment) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Additionally, this Ordinance is exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance. None of the exceptions to the exemptions found in StateCEQA Guidelines section 15300.2 apply. Staff is hereby directed to prepare, executeand file with the Los Angeles County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.
Section 5. Certification. The City Clerk of the City of Avalon shall certify the passageand adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.
Section 6. Effective Date. This Ordinance shall become effective thirty days from itsadoption.
INTRODUCED at a special meeting of the City Council of the City of Avalon on the 30th day of January 2024, by the following vote:
AYES:
NAYS:
ABSENT:ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 20th day of February 2024, by the following vote:
AYES:
NAYS:
ABSENT:ABSTAIN:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:
Scott Campbell
Best Best & Krieger, LLP
6505900000\41 755375.1
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 20, 2024 AGENDA ITEM: _______ ORIGINATING DEP: Public Works CITY MANAGER: _______ PREPARED BY: Jamie Hmielak, Maintenance Superintendent SUBJECT: Authorization to purchase parts and materials from Shields, Harper & Company for the Underground Fuel Tank Replacement Project.
RECOMMENDED ACTION(S): Authorize the City Manager, or their designee, to purchaseparts and materials from Shields, Harper & Company, at a cost not to exceed $35,000, for the Underground Fuel Tank Replacement project.
REPORT SUMMARY: The State of California requires the owners or operators of specific types of underground fuel storage tanks to permanently close by December 31, 2025. The City of Avalon owns four underground fuel tanks at the Avalon Fuel Dock that fall under this requirement.
With assistance from former Assemblymember Patrick O’Donnell, the City was awarded a $500,000 State budget earmark that is administered through the State of California Water Board to remove the underground fuel tanks located at the fuel dock and install an above ground system in compliance with the new regulations. The granting agreement requires the City to complete the project by February 29, 2024.
The total cost of the proposed materials acquisition is estimated to be 34,022.68. The not toexceed amount of $35,000 will allow us to include the barge fees. The project associated with these materials is included in the FY22-23 Budget and Capital Improvement Plan — Project Number 207004, Account Number 11470-6547 — with $700,000 budgeted.
Shields, Harper & Company is located in Orange, CA, and has a proven track record of providing high-quality parts and materials for similar projects. Their products meet or exceedindustry standards, ensuring the longevity and reliability of the new fuel storage system. Their combination of high-quality products, competitive pricing, experience, and reliability makes them the most advantageous choice for the City.
It is recommended that the City Council approve the purchase of parts and materials from Shields, Harper & Company for the Underground Fuel Tank Replacement Project. They are the only supplier of this type that can offer the complete list of materials needed for the project.
Obtaining quotes from other suppliers would require a tremendous amount to staff time due to the variety of materials needed from numerous different sources. The cost comparison would not be apples to apples comparability with this current quote from Shields, Harbor & Companybecause of the multiple suppliers. Procuring these materials from Shields, Harper & Company is considered the best competitive value, and fulfills the purchasing procedure requirement specified in the Avalon Municipal Code Section 3-4.106(c).
GOAL ALIGNMENT: Fulfill state requirements for fuel storage. Infrastructure reliability and safety.
FISCAL IMPACTS: Total expenditure is not to exceed $35,000 towards CIP project code 207004 (account 11470-6547).
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City may not meet the timeline required by the funding agreement with the State of California Water Board.FOLLOW UP ACTION: Procure the parts & materials from Shields, Harper and Company.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Quote from Shields, Harper & Company.
QUOTATION
Quote Presented By; SHIELDS ‘I1 HARPER Quote Number 1412480 Nelson Duarte Quote Date 1/31/2024 (805) 630-8626 Customer ID 3033394
[email protected] Quote Expires On 3/1/2024
Job Name: AST Equipnient Phase 2 Contact: Jaime Hrnielak Bill To: City ofAvalon Will Call
PC Box 707
Avalon, CA 90704
[ Quantity Description Unit Price Ext. Pricej 1.00 HU-5885 1-luskv Corporation 266.14 266.14 2 P/V vent-thread w/3 WCP & 8 WCV w/intern scm
1.00 EW-A0084-038 Emco Wheaton Retail Corp. 84.82 84.82 Vent P—V aluminum 3” pres 8” vac 2”NPT
2.00 MB-9O95AA3300AVEVR Morrison Bros. Co. 930.45 I .860.90 3” pressure fill overfill prevention valve. aluminum body w13” Female threaded x 6” Female threaded connections. CARB EVR
2.00 MB-419-O3D8ITEVR Morrison Bros. Co. 131.27 262.54
3” x 7-9” aluminum drop tube CARB EVR approved (I per carton)
2.00 MB-346SS-O200AV Morrison Bros. Co. 1.2 12.86 2.425.72 2 external emergency valve SS
2.00 MB-691BSS0800 IV Morrison Bros. Co. 212.06 424.12
2 full port S/S locking ball valve
2.00 MB-910-2IOOAV Morrison Bros. Co. 257.92 515.84
2’ anti-svphon valve 5 - ID’ w.c.
2.00 MB-818F-O400AGEVR Morrison Bros. Co. 440.28 880.56 2 clock gauge F thread w/float f/drop tube CARB
2.00 MB-4l9-O2O6ITEVR Morrison Bros. Co. 75.44 150.88
2” x 6’ aluminum drop tube CARB EVR approved (I per carton) 250.00 OF-UGF-FSP-32 Omega Flex. Inc. 44.09 I .022.50
DoubleTrac 2” piping / cut to length
3.00 OF-UGF-SSFST-32BX Omega Flex. Inc. 589.52 I .768.56 DoubleTrac 2”NPT straight SS fitting 2 per box
1.00 OF-UGF-RING-32 Omega Flex. Inc. 18.64 18.64
DoubleTrac 2” split ring (pack of4)
1.00 OF-UGF-FRK-32 Omega Flex. Inc. 26.82 26.82
2” fitting repair kit includes split rings. 0—rings & bolts I .00 OF-UGF-VALVE-5PK Omega Flex. Inc. 75.72 75.72
DoubleTrac brass Schrader valve - (5) pack
1.00 OF-UGF-C1-IECK-VAL,VE-5PK OmegaFlex. Inc. 112.13 112.13 5 pack of check valves ‘/o-rings ** NOTE: OMEGAFLEX SPECIFIC SCHRADER VALVEMUST BE uSED WITH FITTING TO PROPERLY TEST SECONDARY CONIAINMENT**
1.00 OF-UGF-LCS Omega Flex. Inc. 32.20 32.20
DoubleTrac leak check solution
Quote 1412480
Printed 1/31/2024 10:40 am Page 1 of S
SHIELDS 11 HARPER
Quantity Description Unit Price Ext. Price
2.00 OF-UGF-SPT-GAUGF. Omega Flex. Inc. 99.58 199. 16
Douhielrac gauge with test port adaptor
1.00 OF-UGF-WLG-SPRAY Omega Flex. Inc. 45.27 45.27
White I ith urn grease (aerosol)
1.00 OF-UGF-TOOLKIT-32 Omega Flex. Inc. 535.02 535.02
2” tubing cutler. 3/8 socket rachet. 5MM hex key. 3/8 hex drive. 1.875 & 6. 125 L
4.00 OF-UGF-OFDT-B6-3.0 Omega Flex. Inc. 193.87 775.48
Chase Pipe Entiy Fit. to 2” DoubleTrak
8.00 OF-UGF-EPB-50 Omega Flex. Inc. 42.02 336.16
50m1 Epoxy Bonder / Bonds Pipe Surnp Wall I Per Fitting
1.00 OF-UGF-APGUN-501-ID Omega Flex. Inc. 244.16 244.16 Applicator gun f/50 ml adhesive heavy duty
1.00 OF-UGF-CP-4-250 Omega Flex, Inc. 590.82 590.82
4” I-ID corrugated ducting 250 coil
2.00 VR 1-846397-305 Veeder Root 2.190. 12 4.3 80.24
MagPlus 7 in—tank nv only \v/w’ater detection. HGP probe
1.00 VR 1-886100-010 Veeder Root 697.4! 697.41
Phase-Two water detector. 10’ cable. Gas 4” float
1.00 VRI-846400-OII VeederRoot 478.12 478.12
Mag Plus install kit 4 float diesel 10’ cable
2.00 VRI-3 12020-952 Morrison Bros. Co. 89.88 179.76
4” riser cap and ring kit for probe
1.00 VRI-794390-420 VeederRoot 658.82 658.82
Interstitial sensor F/steel tank v/I 6’ cable
1 .00 MB-305XP-2400ACEVR Morrison Bros. Co. 47.72 47.72 2” tank monitor cap v/port hole & cable connector 1/2”. CARB EVR approved
1.00 VRI -794380-208 Veedcr Root 371.76 371.76
Sump sensor v/I 2’ cable
1.00 VRI-790091-00l Veeder Root 945.88 945.88
Overfill al arm
1.00 VRI-790095-00l Veeder Root 605,18 605.18
Alarm acknowledgement switch
4.00 OF-FC2OMS-lIM-0I2 Omega Flex. Inc. 139.13 556.52
2”X 12”MXMS
Quote 1412480
Pi’inted 1/31/2024 10:40 am Page 2 of 5
SHIELDS 11 HARPER
SUB-TOTAL: 31,575.57
TAX: 2,447.11
QUOTE TOTAL: 34,022.68
Ternis: Net 30
Quote 1412480
Printed 1/31/2024 10:40 am Page 3 of S
SHIELDS FT HARPER
TERMS AND CONDITIONS: All Sales transactions will be subject to the following terms and conditions PRICE. Buyer shall pay the price in effect at time of delivery, together with transportation costs and applicable taxes. Prices quoted include discount for cash. In addition to the discount for cash a prompt payment discount for Wayne and Gasboy dispensers is included in the quoted price. The full price for dispensers must be paid within 30 days from date of invoice. Otherwise 2.5% will be added to the invoiced price.2. PAYMENT. Terms for creditworthy open accounts are net thirty (30) days from date of invoice. No further allowance for maitldelivery time is ordered. Amounts in excess of account credit limit are due upon presentation. Late charge of one and one-half percent (1.5%) per month is chargedonly upon the past due amount. Buyer agrees such a charge is reasonable because of the anticipated or actual harm caused by the delinquency of the buyer. The difficulties of proof of loss, and the inconvenience or non-feasibility of Seller otherwise obtaining a remedy. The charge is not, however, anagreement, express or implied, to grant more time for payment. Some forms of payment may require additional fees or surcharges. Those may includebut are not limited to wire transfers, credit cards, and checks made on non-standard accounts. Cashiers checks must be cleared (paid by the bank)before goods can be released. Deposits are usually required on commercial customers, for orders valued at over $1 0,000, and are also required for allnon-stock or special order goods. In addition to late charges Seller may charge, and Buyer agrees to pay, for storage of customer/non-stock goods held for more than 30 days from date of invoice. Once invoicing has occurred the goods are property of the Buyer even if Seller continues to store goods in Seller’s warehouse. No retainers are agreed or allowed.3. DELIVERY. Seller shall, at its option, deliver the goods either FOB. manufacturer’s plant or FOB. Seller’s plant. Seller shall, at its option, deliverall of the goods at one time or in portions from time to time. Delivery dates are approximate, subject to normal variations customary in the industry andunforeseen delays. In no event shall Seller be liable for any damages to Buyer arising out of any delay or lateness in shipment. Seller will use its best efforts to effect timely delivery.
4. TITLE AND RISK OF LOSS. Full risk of loss and title passes to the Buyer upon delivery of the goods to a carrier at the FOB. point. This risk of loss provision shall govern even if: (i) Seller has made a nonconforming tender, (ii) Buyer has revoked acceptance of the goods; or (iii) Buyer has repudiated this Agreement after the goods have been identified to this Agreement. Buyer grants Seller a security interest in the goods to securepayment in fulL Upon Buyer’s default in payment, Seller may, at its option, enter the property where any goods are located and repossess the goods, with or without judicial process. Additionally, Seller may pursue any other remedies available at law or in equity.
5. RETURN. Goods may be returned only with the prior written approval of Seller. Returned goods must be referenced to Seller’s invoice number andmust be sent freight prepaid to the location directed by Seller. Seller may collect a reasonable handling charge. Custom made and/or Built-To-Order(“BTO”) products are not normally returnable after the order has been placed. Some manufacturers offer a return privilege upon payment of restockcharges. Seller will implement all available returns.
6. NOTICE TO CALIFORNIA CUSTOMERS RE: LCFS. (a) California’s Low Carbon Fuel Standard (“LCFS’ was enacted to ensure that the mix of fuels sold by California oil refiners and distributors meets applicable greenhouse gas emissions targets. California has a statewide goal to reduce carbon intensity of transportation fuels by at least 10% by 2020. (b) EV chargers can track the fueling of electric vehicles, which positively contributes to reducing California’s carbon intensity. If applicable reporting requirements are met, LCFS credits are issued by the California Air Resources Board.An available LCFS credit may be claimed by certain owners and operators of electric vehicle charging stations, including both Buyer and Seller, However, the LCFS credits are only available to one party, meaning any available credits may be claimed by either Buyer or by Seller/SHC, but not by both. SHC intends to claim available LCFS credits generated from use of the Charging Stations but will not claim any available LCFS credits that Buyerintends to claim. (c) If Buyer intends to claim the LCFS credits, it must engage in the reporting and other administrative obligations necessary to generate such credits and Buyer agrees that it will provide SHC with written notice of its intent to claim LCFS credits within ten (10) days of the date of the delivery of the Charging Stations. If Buyer does not currently intend to claim the LCFS credits, but desires to do so at any time in the future, Buyer may, by providing written notice to SHC, elect to claim LCFS credits generated thirty (30) days and more after the date of such notice. Buyer represents and warrants to SHC that, in the absence of providing written notice, it will not claim any LCFS credits, All notices shall be provided by email to SHC at [email protected].
7. LIMITATION OF WARRANTIES. The sole warranty applicable to the goods is that of the manufacturer. All warranty claims must be made within themanufacturer’s warranty period. Seller makes no warranties, express or implied, including, but not limited to, any implied warranties of merchantabilityor fitness for a particular purpose. Any description of the goods contained in the Agreement or on any invoice is for the sole purpose of identifying the goods, is not part of the basis of the bargain, and does not constitute a warranty that the goods will conform to that description. The use of any sampleor model in connection with this Agreement is for illustrative purposes only, is not part of the basis of the bargain, and is not to be construed as a warranty that the goods will conform to the sample or model. No employee, agent or representative of Seller has any authority to bind Seller to any affirmation, representation or warranty concerning any goods or to assume for Seller any other liability in connection with any goods, except in writing,specifically included within this Agreement, and signed by an officer of Seller. Buyer shall hold for examination by Seller any goods claimed to be defective. In the event Buyer’s claim is substantiated by Seller’s examination, Seller shall, at its option, repair or replace the defective goods or credit anequitable portion of the purchase price against future purchases. It is expressly agreed that this Section 6 states Buyer’s sole and exclusive remedy forany breach of warranty. Buyer agrees that no other remedy (including, without limitation, incidental or consequential damages) shall be available, This Section 6 allocates the risk of the failure of goods between Seller and Buyer as authorized by applicable law.8. LIMITATION OF LIABILITY FOR DAMAGES. It is expressly agreed that Seller shall not be responsible for any direct, indirect, incidental, special orconsequential damages whatsoever arising from breach of warranty, breach of contract, negligence, strict liability or any other legal theory. Suchdamages include, without limitation, loss of profits or revenue, cost of capital, loss of use of any equipment, or claims of customers of Buyer for such damages.
Quote 1412480
Printed 113 1/2024 10:40 am Page 4 of 5
SHIELDS 11 HARPER
V
9. FORCE MAJEURE. Seller shall be excused for any non-delivery or default in performance in whole or in part due to acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine restrictions, strikes, differences with workmen, delays intransportation, shortage of fuel, labor or materials, or any circumstantial cause beyond the control of Seller in the reasonable conduct of business.
10. GOVERNMENT REGULATIONS. Seller makes no representation that the goods comply with any present or future federal, state or local regulation or ordinance. Compliance is Buyer’s responsibility.
11. COLLECTION COSTS. In the event Buyer defaults in the terms of payment, Seller may recover from Buyer all costs, including without limitation, reasonable attorneys’ fees and costs including experts’ fees, whether or not such collection includes the commencement of a lawsuit.
12. TERMS AND CONDITIONS. Seller’s acceptance of orders is expressly conditioned upon the terms and conditions herein which shall prevail notwithstanding any variance with the terms and conditions of any order submitted by Buyer. In the event of buyer issues a purchase order with termsand/or conditions different than offered, the Seller may void the quotation and/or issue a re-quote. If the Seller, solely at the Seller’s discretion, chooses to accept the purchase order any terms and conditions which differ from those offered will resolve in favor of those offered by the Seller and new or additional terms and conditions in the purchase order will be void unless agreed to in writing by the Seller. No verbal instructions, promises,agreements, utterances, etc. are binding upon Seller.
13. LAW. California law governs this transaction.
14. MODIFICATION OF AGREEMENT. This Agreement sets forth the final expression of the agreement of the parties with respect to the goods covered by this Agreement, supersedes all prior or contemporaneous agreements among them concerning such goods, constitutes a complete and exclusive statement of the terms of this Agreement, and cannot be modified in any way, except in writing and signed by an officer of the Seller and anauthorized representative of the Buying entity. From time to time these Terms and Conditions may be changed by Seller. Buyer agrees to Terms andConditions in effect at the time of order acceptance.
15. WAIVER. Waiver of Seller of a breach of any of the terms and conditions set forth above or on the reverse side shall not be construed as a waiver of any other subsequent breach.
PRINT NAME and DATE (Required)
SIGNATURE and DATE (Required)
The above individual certifies that they are an authorized representative of the Buying entity and have been authorized to commit the Buyerto these Terms and Conditions.
Form M-106 Revised 11/2023
Quote 1412480
Printed 1/31/2024 10:40 am PageS of S
CITY OF AVALON CITY COUNCIL
MEETING DATE: February 20, 2024 AGENDA ITEM: _______ ORIGINATING DEP: Public Works CITY MANAGER: &tØJ PREPARED BY: Jamie Hmielak, Maintenance Superintendent
SUBJECT: Authorize PERC to Purchase Spare Pump for Catherine Saltwater Booster Station.
RECOMMENDED ACTION(S): Authorize PERC to purchase a Weinman pump from California Electric Motor Source (CEMS) to be used as a spare pump for the Catherine Saltwater Booster Station. Allocate funds from Saltwater Fund 11325-6552 for the procurement in the amount of not to exceed $36,000.
REPORT SUMMARY: PERC Water maintains the City’s Wastewater Treatment Plant, whichincludes the Catherine Saltwater Booster Station. This booster station supplies all of the saltwater for Avalon, and is vital part to our City’s saltwater infrastructure. Having a spare pump readily available ensures a swift response to pump failures. Quick replacement of amalfunctioning pump minimizes downtime and helps maintain the continuous and efficient operation of the booster station.
The Catherine Saltwater Booster Station has two pumps, and normally runs on one pump.
Once a pump is removed for maintenance it will take at least three weeks for it to be returnedafter service at the vendor on the mainland. For this reason the Director of Public Works and the WWTP Facilities Manager determined that a backup pump is necessary to have in our inventory ready for immediate installation to reduce the high risk pf a pump being off the island for an extended duration for repair. Under this scenario, the redundant pump is replaced at the booster station, and the failed pump is sent over for service and then placed into inventory onceit returns.
Quotes were obtained from California Electric Motor Source (CEMS), and Manufacturers Edge. These were the only two pump suppliers that were able to offer a pump with the specifications required for the needs of the Catherine Saltwater Booster Station. This fulfills the purchasing procedure requirements under AMC Section 3-4.106 (a). Staff is requesting authority to purchase the pump for a not to exceed cost of $36,000 to cover PERC markup, and barge fee’s.
Company Location Proposed Cost
CEMS Azusa, CA $32,307.48
Manufacturers Edge Farmingdale, NJ $33,553.74
GOAL ALIGNMENT: Infrastructure reliability and safety.
FISCAL IMPACTS: A cost not to exceed of $36,000. Sufficient funds exist in FY 23-24 SaltwaterFund 11325-6552.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Pump failure could lead to potential interruption of saltwater service for the entire City.FOLLOW UP ACTION:. Authorize PERC Water to purchase the pump.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: PERC Water Additional Services Request Form, and two quotes.
Additional Services Request Form percwater
RI IL. flFFFtF
Project Name Additional Services Project Numt Emergency Quote Date Sum Of Project Cost Spare Pump csss 2024-02 1/10/24 $35,538.23
Task Description Position Position Position Position Position Position Extended Price Add Description Project Operator Field Tech Field Tech Field Tech Field Tech 2 $ Manager 1 Regular 1 OT 2 Regular OT
Total Hours 0.00 0.00 0.00 0.00 0.00 0.00
Hourly Rate $261.00 $139.00 $116.00 $174.00 $116.00 $174.00 Estimated PERC Labor cost so.oo $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Part Quantity Vendor Materials Unit Cost Unit Price Extended Price I421OMBM 1 CEMS New WEINMAN Pump Series 1421OMBM $28,873.00 $ 28,873.00 Freight $ 475.00
$-
Tax $ 2,959.48
SubTotal $32,307.48
10% Markup $3,230.75
Total Materials $35,538.23
Sub-Contractor Cost Extended Price Please note that Oi:pping and Pandling charges are not included in this quote. Sales tao will be added to orders sh;ped to california unless tax exempt information is proxidxd.
Description of
Subcontractor: Subcontractor work: Quote Amount:
Sub Name
SubTotal $0.00
10% Markup $0.00
Total Sub Contractor Cost $0.00
PROJECT TOTAL
Client Approval Signature:
Date
CaIiforna Electric Motor Source
451 South Irwindale Ave.
Azusa, CA 91702
Date Estimate #
1/10/2024 994
P.O. No. Terms Other
Due on receipt
Description Qty Rate Total
New “WEINMAN” Pump Seriesl42l0MBM Split case “Pump End Only” Flange 1 28,873.00 28,873.OOT 125 Wear ring Material BlO Shaft seal Type: Sleeveless, Shaft material 316 Stainless steel, Seal collar: 316SS Mechanical seal material: C/CE/B-SS NSF Flush Piping: SS, 1760 RPM.
Lead time 16 Weeks ARO
Incoming Freight Charge: Truck carrier charge. 1 475.00 475.00 Prices Good for 30 days.
Subtotal $29348.00
Signature
Sales Tax (10.25%) $2,959.48
Total $32,307.48
e-mail: [email protected]
web: caiforniaelectricmotorsource.org
EEMS Estimate
Name / Address
Perc Water Corporation17520 Newhope Street Suite 180
Fountain Valley, CA 92708
P: (626) 812 -0545 F: (626) 815-8431
mA\NIuFACIURE;Rs
EDGE
A PumpCata[og.-
REMIT TO: Manufacturers Edge, Inc.
5044 Industrial Rd.
Suite C
Farmingdale NJ 07727
United States
PERC Water
385 E. Swinford St.San Pedro CA 90731
United StatesNet 30
FROM YOUR INFO & MOTOR TAG
REVIEW ATTACHED DATA SHEET TO VERIFY
THIS WILL WORK FOR YOUR APPLICATION
ROTATION & IMPELLER TRIM MISSING - CLOCKWISE ROTATION & 15 IMPELLER QUOTED
PERC Water
385 E. Swinford St.San Pedro CA 90731
United States
in 8-10 weeks
BEST WAY LTL
Quantity Product Code Line Item Description Unit Price Total Price 1 42074-MBM Weinman -Deming Series 28,81 6.20 28,81 6.20 1210 NSF Split Case Pump, Pump + Base,
Coupling andGuard + Motor - Model# 6L1-125SP14-
NSF372Y2F, Trim:15, NSF 61/372, Flange: 125, Wear Ring: Single, WR Material: B1 0, Rotation: CW, Shaft Seal
Type: Sleeveless,
Shaft Material: 316 SS, Seal Collar: 316 SS,
Seal Mad:
C/CE/B-SS_NSF, Flush Piping: SS, RPM:
1760, Non
Overloading HP: 150, Coupling with OSHAGuard: StandardFlex, Motor Frame: 405T, Motor HP: 125, Voltage: 460,
Phase: 3, Enclosure: ODP, Motor Brand:
Factory
Subtotal 28,816.20
2,000.00 Shipping
Sales Tax 2,737.54
Total 33,553.74
NOTE: These items are Non-RefUndable
Quote
Quote #: Q-00232031
Date Quote: 2/13/2024Expiry Date: 5/1 3/2024
Sales Rep: Lisa Keenan
Email: [email protected]: (732) 554-1 024
Prepared For: Jamie Hmielak
Email: jhmielakcityofavalon.comPhone: (310) 51 0-0220
Bill To:
Credit Terms:
Customer Notes:
Ship To:
Shipping In:Shipping Method:
1 of 2
rniANuFAcIuRERs
EDGE
PumpCata[ogcorn®
REMIT TO: Manufacturers Edge, Inc.
5044 Industrial Rd.Suite C
Farmingdale NJ 07727
United States
Quote
Quote #: Q-00232031Date Quote: 2/13/2024
Expiry Date: 5/1 3/2024
Sales Rep: Lisa Keenan
Email: [email protected]: (732) 554-1 024
Prepared For: Jamie Hmielak
Email: jhmielakcityofavalon.com
Phone: (310) 510-0220
Thank you for the opportunity to provide you with the following quotation.
For your reference, please visit https://www.pumpcatalog.com/pages/terms-conditions/ for Terms & Conditions Please Note: Pricing is subject to change without notice. Availability is based on an inventory snapshot and is subject to prior sales. 2 of 2