AVALON CITY COUNCIL MEETING
TUESDAY, MARCH 19, 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 For the public's convenience, but not participation, the meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
*Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA
CALL TO ORDER / PLEDGE OF ALLEGIANCE / INVOCATION / ROLL CALL
ANNOUNCEMENTS / WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT / CITY ATTORNEY REPORT
COUNCILMEMBER REPORTS / MAYOR REPORT
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.
PUBLIC HEARING
IDA Article 8 Hearing
The Metropolitan Transit Authority (MTA) is required to hold a public hearing on the community's unmet public transit needs in accordance with the Transportation Development Act (TDA) Article 8. TDA Article 8 funds are currently being used by the City of Avalon to fund Avalon's Consolidated Land Transportation Program which includes DAR and fixed routes.
Recommended Action
Open the Public Hearing and accept comments from the public. Close the Public Hearing.
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 March 5, 2024 regular City Council Meeting.
CITY COUNCIL AGENDA
MARCH 19, 2024
PAGE 2
Warrants
Expenditures Submitted for Approval
• Warrants in the amount of $377,222.36.
• One payroll totaling $230,705.90.
• Two electronic fund transfers totaling $90,016.36.
Recommended Action
Approve total expenditures for February 26, 2024 through March 8, 2024 totaling $697,944.62.
Authorize the Purchase of Vehicles for Public Works and Code Enforcement The existing fleet of vehicles in the Public Works and Code Enforcement departments is aging, leading to increased maintenance costs and decreased reliability. The introduction of three 2024 Ford Maverick trucks will address these challenges by providing modern, fuel-efficient, and small footprint vehicles that align with the needs of our City's infrastructure maintenance and Code Enforcement efforts.
Recommended Action
Authorize City Manager, or their designee, to procure three (3) new Ford Maverick trucks from South Bay Ford utilizing funds in the Vehicle Replacement Fund 13825-6781 for a total amount of not to exceed $91,000.
Municipal Digital Signs and Lobby Screen Policy
To further enhance the City's public noticing capabilities, on June 27, 2023 the City Council authorized the procurement of two digital sign display boards. These displays will be used to provide public information regarding the City's transit system as well as special event information, emergency notifications, and wayfinding assistance. City Staff developed a policy to provide a baseline for content standards and access.
Recommended Action
Adopt the Municipal Digital Signs and Lobby Screen Policy.
GENERAL BUSINESS
Original Antonio's Pizzeria and Deli Lease Agreement
Original Antonio's Pizzeria and Deli Lease ceased operations under its ownership structure on February 25, 2024. On February 29, 2024, after confirming the business had ceased operations, the City terminated the 2016 lease agreement. Original Antonio's has been purchased. The new proprietors contacted the City on February 29, 2024 to request the City consider a new lease agreement for the outdoor dining space.
Recommended Action
Authorize the City Manager to execute a lease amendment with Original Antonio's Pizzeria and Deli.
Vehicle Citation Amnesty Program
In 2023, City Council approved a limited term Vehicle Citation Amnesty Program in which 17 vehicle owners took advantage of the program with 7 vehicles removed from the island.
CITY COUNCIL AGENDA
MARCH 19, 2024
PAGE 3
Since then, City staff have received inquiries into the program and recommend completing another program during the 2024 vehicle season.
Recommended Action
Adopt a resolution establishing guidelines for a limited term vehicle citation amnesty program reducing fine amounts for outstanding Vehicle Code and City of Avalon Municipal Code infractions for individuals meeting eligibility requirements.
Construction Risk Management and Funding Control Disbursement Agreement best serve the tax payers and will provide the most objective assessment of fundina requests.
Recommended Action
Authorize the City Manager to enter into an agreement with Partner Engineering and Science, Inc. to perform construction monitoring, funding control and disbursement for the Catalina Island Health Avalon Hospital Development Project.
ADJOURN
NOTICE OF POSTING
1, Devin Elise Hart, declare that the City Council Agenda for Tuesday, March 19, 2024 was posted on Thursday, March 14, 2024 on the City's website www.cityofavalon.com/agendacenter, and at City Hall, 410 Avalon Canyon Road.
Di Cline 7
Devin Elise Hart, Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: March 19, 2024 AGENDA ITEM: 2
ORIGINATING DEP: City Clerk CITY MANAGER: DuM
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the March 5, 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 on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
• March 5, 2024 regular City Council Meeting Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, MARCH 5, 2024
MINUTES
CALL TO ORDER-4:30 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 Deputy City Clerk Gabrielle Morones.
CLOSED SESSION-4:32 p.m.-5:15 p.m.
Following the appropriate announcement of the Closed Session items the City Council went into Closed Session to discuss the following:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of Case: Long Beach Unified School District, v. Santa Catalina Island Company and City of Avalon
Case Number: 2:19-CV-01139-JFW-AS
Following Closed Session the City Attorney announced there was no reportable action.
WRITTEN COMMUNICATIONS-City staff received three written communications regarding Presentation #3. Copies were distributed by city council and are on file in the City Clerk's office.
PRESENTATIONS
1. Representatives from Catalina Express provided an overview of the new ticketing and reservation systems.
2. Avalon School provided the city council with a Mid-Year update reflecting on the 2023-2024 school year related to instructional goals, culture climate, facilities, and future programming.
CONSENT CALENDAR-There were 7 Items on the Consent Calendar. Motion to approve Items #1-#7 made by Lisa Lavelle, seconded by Mary Schickling. (All Ayes) Minutes
Approved minutes from the February 20, 2024 regular City Council Meeting.
Warrants
Approved one warrant for the CIMC Improvement Fund in the amount of $188,680.00, warrants in the amount of $942,743.05, one payroll totaling $228,521.24, two electronic fund transfers totaling $45,872.57 for a total expenditure of $1,405,816.86 for February 12, 2024 through February 23, 2024.
CITY COUNCIL MINUTES
MARCH 5, 2024
PAGE 2
Workplace Violence Prevention Plan
Adopted the Violence in the Workplace Policy per SB553.
Fourth of July 2024 Fireworks Vendor
Authorized the City Manager to execute an agreement with Garden State Fireworks, Inc. to provide the firework show and Curtin Maritime for the barge services for the 2024 Fourth of July celebration.
Award Public Trash Collection and Receptacle Maintenance Agreement Authorized the City Manager to negotiate the term and execute an Agreement with Aladdin's Cleaning Services LLC for public trash collection and maintenance services in an amount not-to-exceed $225,000 with the option to annually renew for up to two additional one-year terms.
6. FY24 Mid-Year Financial Results and Proposed Budget Amendments
1. Received the report of the Mid-Year Financial Results for FY23-24; and 2.
Adopted Resolution No. 24-08 of the City Council of the City of Avalon Amending the Fiscal Year 2023-24 Budget.
7. Contract Assignment for Semi-Exclusive Shore Boat Franchise, Shore Boat Services Provider Agreement and End Float Lease Agreement
1. Approved the request to assign the remaining term of the semi-exclusive shore boat franchise agreement with Catalina Coastal Tours, LLC to Avalon Shoreboat Service Corporation. 2. Approved the request to assign the remaining term of the end float lease agreement with Catalina Coastal Tours, LLC to Catalina Jet Ski Corporation.
Public Hearing to Receive Comment on the City's FY 24-25 Community Development Block Grant (CDBG) Funds
1. Mayor Marshall opened the duly noticed Public Hearing, no comments were received. 2. Mayor Marshall closed the Public Hearing. 3. Approved the City's estimated FY 24-25 Community Development Block Grant (CDBG) Funds for Phase Ill of the ADA Curb and Ramp Project. 4. Adopted Resolution No. 24-09 of the City Council of the City of Avalon, California, Authorizing the Allocation of the Fiscal Year 2024-2025 Community Development Block Grant Funds (CDBG) and prior years unallocated funds to ADA Sidewalk Project - Phase III.
Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)
CITY COUNCIL MINUTES
MARCH 5, 2024
PAGE 3
PUBLIC HEARING
GENERAL BUSINESS
Public Transportation Services Contract
Authorized the City Manager to execute a contract agreement with Circuit Transit, Inc. for an initial term of three vears and a vear-one contract sum not-to exceed-sum of $725.000.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
10. 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 $90,000.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
11. Annual Financial Report for the Fiscal Year Ended June 30, 2023 Received and filed the Annual Financial Report for the Fiscal Year Ended June 30, 2023.
Mayor Marshall adjourned the meeting at 7:29 p.m.
1, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on March 5, 2024, is the official record of the Council Meeting and is on file and maintained in City Hall.
Sabille Meener
Gabrielle Morones, Deputy City Clerk
CITY OF AVALON CITY COUNCIL
3 MEETING DATE: March 19, 2024 AGENDA ITEM:
ORIGINATING DEP: Finance CITY MANAGER: DuM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for February 26, 2024 through March 8, 2024 totaling $697,944.62.
REPORT SUMMARY: These disbursements through March gth are comprised of warrants from the US Bank General Account totaling $377,222.36, one payroll totaling $230,705.90, and other electronic fund transfers totaling $90,016.36.
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 37542 - 37618 $ 377,222.36 03/01/24 PAYROLL 230,705.90 03/08/24
EFT - CALPERS MEDICAL 88,799.38 03/05/24
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,216.98 03/08/24 TOTAL DISBURSEMENTS $ 697,944.62
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 Detail
CITY OF AVALON
February 26, 2024 - March 8, 2024 DISBURSEMENTS
March 19, 2024
ITEM DESCRIPTION AMOUNT DATE
_GF US BANK WARRANTS CK# 37542 - 37618 $ 77,222.3 03/01/24 PAYROLL 230,705.90 03/08/24
EFT - CALPERS MEDICAL 88,799.38 03/05/24
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 1,216.98 03/08/24 TOTAL DISBURSEMENTS S 697,944.62
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATE
AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.
I CERTIFY UNDER PENALTY OF PERJURY
APPROVED AND AUDITED THIS THAT THE FOREGOING IS TRUE AND 19TH DAY OF MARCH 2024 CORRECT.
EXECUTED THIS 19TH DAY OF MARCH 2024
AUDIT COMMITTEE - LISA LAVELLE
FINANCE DIRECTOR - MATTHEW BAKER
AUDIT COMMITTEE - MARY SCHICKLING
CITY OF AVALON
WARRANT DISBURSEMENTS
February 16, 2024
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
37542 03/01/2024 $ 2,122.11 AAA OIL, INC FUEL - ALL DEPARTMENTS 37543 03/01/2024 959.88 ACTION SALES & METAL CO. SUPPLIES - HARBOR 37544 03/01/2024 $ 418.97 ADLER WESTERN, INC. SUPPLIES - HARBOR 37545 03/01/2024 35.64 ALEGRIA, MICHAEL, REIMBURSMENT O/P COSTS 37546 03/01/2024 4,546.51 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPARTMENTS 37547 03/01/2024 290.78 AVALON FREIGHT SERVICES, LLC FREIGHT - ALL DEPARTMENTS 37548 03/01/2024 857.61 BAKER, MATTHEW REIMBURSMENT O/P COSTS 37549 03/01/2024 86.64 BLUE SHIELD OF CALIFORNIA REFUND - AMBULANCE FEES 37550 03/01/2024 2,000.00 BOGARD, MICHAEL REFUND - AMBULANCE FEES 37551 03/01/2024 663.30 •CANBY, CLAUDIA SUPPLIES - HARBOR 37552 03/01/2024 335.64 CATALINA BEVERAGE CO SUPPLIES - ALL DEPARTMENTS 37553 03/01/2024 4,050.20 CATALINA BROADBAND SOLUTIONS INTERNET - ALL DEPARTMENTS 37554 03/01/2024 100.00 CATALINA CHAMBER OF COMMERCE DUES: ADMINISTRATION 37554 03/01/2024 128,333.33 CATALINA CHAMBER OF COMMERCE TOT - 03/2024 37555 03/01/2024 24,083.33 CATALINA COASTAL TOURS & FISHING CONTRACT SERVICES - 03/2024 37556 03/01/2024 4,800.00 LONG, DAVID CONTRACT SERVICES - FALCON 37557 03/01/2024 345.00 CATALINA ISLANDER ADVERTISING - ALL DEPARTMENTS 37558 03/01/2024 $ 6,975.96 CIRA WORKERS COMP: 10/2023-12/2023 37559 03/01/2024 465.29 CISNEROS, CHRISTIAN REIMBURSMENT O/P COSTS 37560 03/01/2024 525.54 CISNEROS, JUAN REIMBURSMENT O/P COSTS 37561 03/01/2024 8,924.41 CONNOLLY PACIFIC CO. SERVICE - PUBLIC WORKS 37562 03/01/2024 358.20 CREATIVE SIGN, INC. SUPPLIES - CITY HALL 37563 03/01/2024 2,577.45 DAPEER, ROSENBLIT & LITVAK, LLP SERVICE - VEHICLES 37564 03/01/2024 16,610.00 DEL MEL, JOSEPH SUPPLIES - HARBOR (BARBARA PIERSON DOCK) 37565 03/01/2024 320.02 DION & SONS MARINE FUELS INC FUEL - HARBOR 37566 03/01/2024 589.60 DIVISION OF THE STATE ARCHITECT DSA 786 FEE Q1 - Q4 37567 03/01/2024 3,934.07 EMPLOYMENT DEVELOPMENT DEPARTMENT UNEMPLOYMENT INSURANCE 37568 03/01/2024 3,349.65 ESG ENGINEERING SERVICE - PUBLIC WORKS 37569 03/01/2024 2,269.26 ESG ENGINEERING SERVICE - PUBLIC WORKS 37570 03/01/2024 540.00 ESG ENGINEERING SERVICE - PUBLIC WORKS 37571 03/01/2024 848.25 ESG ENGINEERING SERVICE - PUBLIC WORKS 37572 03/01/2024 2,412.08 ESG ENGINEERING SERVICE - PUBLIC WORKS 37573 03/01/2024 2,702.95 ESG ENGINEERING SERVICE - PUBLIC WORKS 37574 03/01/2024 1,180.00 ESG ENGINEERING SERVICE - PUBLIC WORKS 37575 03/01/2024 540.00 ESG ENGINEERING
37576 03/01/2024 180.00 ESG ENGINEERING
37577 03/01/2024 720.00 ESG ENGINEERING
37578 03/01/2024 540.00 ESG ENGINEERING
37579 03/01/2024 2,774.00 ESG ENGINEERING
37580 03/01/2024 7,490.00 ESG ENGINEERING
37581 03/01/2024 180.00 ESG ENGINEERING
37582 03/01/2024 10,924.31 ESG ENGINEERING
37583 03/01/2024 153.13 FRANCHISE TAX BOARD
37584 03/01/2024 296.10 GALLS, LLC
37585 03/01/2024 398.94 GARCIA, GUILLERMO
37586 03/01/2024 22,172.34 GEO-LOGIC ASSOCIATES, LLC
37587 03/01/2024 $ 233.00 GIRARD, NICOLE & HOWARD, CHRIS 37588 03/01/2024 $ 8,746.55 GLOBAL EQUIPMENT COMPANY
37589 03/01/2024 559.01 GRAINGER SUPPLIES - PUBLIC WORK! 37590 03/01/2024 $ 634.22 HPN/ADOC ACQUISITION CO EFUND AMBULANCE FEE 37591 03/01/2024 $ 3,904.25 IDR ENVIRONMENTAL SERVICES HHW - DISPOSAL 37592 03/01/2024 456.50 ISLAND THREADZ UNIFORMS - CODE
37593 03/01/2024 $ 2,340.40 JORDAHL CONSTRUCTION SERVICE - PUBLIC WORKS 37594 03/01/2024 769.29 LAVELLE, LISA REIMBURSMENT O/P COSTS 37595 03/01/2024 $ 1,265.00 LINDE GAS & EQUIPMENT INC. SUPPLIES - HARBOR 37596 03/01/2024 $ 378.09 MCMASTER-CARR SUPPLIES - PUBLIC WORKS 37597 03/01/2024 2,297.89 NAPA AUTO PARTS SUPPLIES - GARAGE 37598 03/01/2024 $ 6,851.45 TAKKT AMERICA HOLDING, INC. SUPPLIES - CITY HALL 37599 03/01/2024 $ 187.50 NORTHWIND REFRIGERATION SERVICE - FINANCE 37600 03/01/2024 1,039.00 QUADIENT
37601 03/01/2024 1,798.57 QUILL CORP SUPPLIES - ALL DEPARTMENTS 37602 03/01/2024 $ 63.19 RICOH AMERICAS CORP COPIER LEASE - PLANNING 37603 03/01/2024 $ 2,900.00 RSG, INC SERVICE - SUCCESSOR AGENCY 37603 03/01/2024 2,445.00 RSG, INC SERVICE - HOUSING AUTHORITY 37604 03/01/2024 $ 9,357.91 SIRIA'S CLEANING SERVICE 2ND HALF 02/2024 37605 03/01/2024 112.23 SOLORIO, THOMAS IMBURSMENT O/P COS 37606 03/01/2024 $ 504.91 SOUTH COAST AQME RMIT FEES - FIE 37607 03/01/2024 269.85 STERICYCLE, INC SUPPLIES - FIRE 37608 03/02/2024 $ 3,576.00 SWRCB PERMIT FEE - 4TH OF JULY
CITY OF AVALON
WARRANT DISBURSEMENTS
February 16, 2024
DESCRIPTION
8,249.47 THE FLAGPOLE CO. LLC SUPPLIES - HARBOR
• CORPORATE PAYMENT SYSTEMS VOID - MULTIPLE STUB CHECK
CORPORATE PAYMENT SYSTEMS VOID - MULTIPLE STUB CHECK
$ 20,649.90 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL $ 15,208.33 VEGA, EDMUNDO CONTRACT SERVICES - 02/2024
$ 94.90 WATTS, MARCUS PAYROLL: PPE 02/20/2024
$ 305.62 WEST MARINE PRO UNIFORMS - HARBOR
$ 5,751.85 WESTRIDGE ENVIRONMENTAL GROUP SUPPLIES - WWTP 141.34 WITMER PUBLIC SAFETY GROUP, INC SUPPLIES - FIRE
1,150.65 MCDONALD, AUDRA RETIREE OPER
377,222.36
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID MARCH 1, 2024
March 1, 2024
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT GONZALES 1/17/2024 $46.47 BUFFALO NICKEL MEAL - FEMA ADMINISTRATION GONZALES 1/19/2024 $675.00 CALACT 40TH ANNIVERSARY CONF. TRAINING ADMINISTRATION GONZALES 1/25/2024 $46.17 AMAZON OFFICE SUPPLIES ADMINISTRATION GONZALES 1/25/2024 $17.91 AMAZON OFFICE SUPPLIES ADMINISTRATION GONZALES 2/7/2024 $45.00 CATALINA EXPRESS TRAINING AND TRAVEL ADMINISTRATION GONZALES 2/8/2024 $46.00 CATALINA EXPRESS TRAINING AND TRAVEL ADMINISTRATION GONZALES 2/8/2024 $21.79 BLOSSOM RAMEN TRAINING AND TRAVEL - MEAL ADMINISTRATION GONZALES 2/9/2024 $28.09 MIDICI PIZZA HAWTHORNE TRAINING AND TRAVEL - MEAL ADMINISTRATION GONZALES 2/9/2024 $214.34 COURTYARD LAX HAWTHORNE TRAINING AND TRAVEL-LODGING ADMINISTRATION CORDERO 1/25/2024 $67.81 REI.COM SAFETY GEAR PUBLIC WORKS CORDERO 1/25/2024 $75.37 REI.COM SAFETY GEAR PUBLIC WORKS DEVIN HART 1/29/2024 $ 59.00 TYPEFORM OPERATION COSTS - IT ADMINISTRATION DEVIN HART 2/2/2024 $ 82.96 CYBERLYNK NETWORK OPERATION COSTS - IT ADMINISTRATION DEVIN HART 2/2/2024 $ 35.00 SINCH MAILGUN OPERATION COSTS - IT ADMINISTRATION DEVIN HART 2/7/2024 $ 119.40 WINHOSTCOM OPERATION COSTS - IT ADMINISTRATION DAVID HART 1/17/2024 $ 289.36 RCXMLSGO RCXSPORTS.COM UNIFORMS - FLAG FOOTBALL RECREATION DAVID HART 1/18/2024 | $ 98.15 PLAYSETPARTS.COM SUPPLIES - PARK FACILITIES RECREATION DAVID HART 2/1/2024 $ 1,177.89 THE WEBSTAURANT STORE INC SUPPLIES - PARK FACILITIES RECREATION DAVID HART 2/1/2024 1,177.89 THE WEBSTAURANT STORE INC SUPPLIES - PARK FACILITIES RECREATION DAVID HART 2/9/2024 $ 182.00 CATALINA EXPRESS TRAVEL: TWO DANCE INSTRUCTORS RECREATION DAVID HART 2/12/2024 $ (45.00) CATALINA EXPRESS TRAVEL - CREDIT RECREATION DAVID HART 2/12/2024 $ 45.00 CATALINA EXPRESS TRAVEL - CHARAGE RECREATION JEFF HERNANDEZ 1/17/2024 $ 95.58 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - CITY HALL IMPROVEMENTS PUBLIC WORKS JEFF HERNANDEZ 1/18/2024 $ 112.82 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - CITY HALL IMPROVEMENTS PUBLIC WORKS JEFF HERNANDEZ 1/22/2024 $ 319.47 CHET'S HARDWARE SUPPLIES - SMALL TOOLS PUBLIC WORKS JEFF HERNANDEZ 1/22/2024 $ 141.04 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - CITY HALL IMPROVEMENTS PUBLIC WORKS JEFF HERNANDEZ 1/23/2024 $ 63.21 CHET'S HARDWARE SUPPLIES - CITY HALL IMPROVEMENTS PUBLIC WORKS JEFF HERNANDEZ 1/24/2024 $ 294.75 CHET'S HARDWARE SUPPLIES - CITY HALL IMPROVEMENTS PUBLIC WORKS JEFF HERNANDEZ 1/26/2024 $ 66.51 CHET'S HARDWARE SUPPLIES - SMALL TOOLS PUBLIC WORKS JEFF HERNANDEZ 1/26/2024 $ 16.47 CHET'S HARDWARE SUPPLIES - CITY HALL IMPROVEMENTS PUBLIC WORKS JEFF HERNANDEZ 1/26/2024 $ 173.75 CHET'S HARDWARE SUPPLIES - GREEN PIER PUBLIC WORKS JEFF HERNANDEZ 1/29/2024 $ 38.48 CHET'S HARDWARE SUPPLIES - GREEN PIER PUBLIC WORKS JEFF HERNANDEZ 1/29/2024 $ 20.11 CHET'S HARDWARE SUPPLIES - CITY HALL IMPROVEMENTS PUBLIC WORKS JEFF HERNANDEZ 1/30/2024 $ 210.67 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - SALT WATER REPAIR PUBLIC WORKS JEFF HERNANDEZ 2/1/2024 $ (32.49) PEBBLY BEACH BUILDING SUPPLY SUPPLIES - CEMETERY PUBLIC WORKS JEFF HERNANDEZ 2/1/2024 $ 163.01 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - STORM DAMAGE PUBLIC WORKS JEFF HERNANDEZ 2/1/2024 $ 131.03 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - CEMETERY PUBLIC WORKS JEFF HERNANDEZ 2/5/2024 $ 73.66 CHET'S HARDWARE SUPPLIES - CITY HALL IMPROVEMENTS PUBLIC WORKS JEFF HERNANDEZ 2/5/2024 $ 8.32 CHET'S HARDWARE SUPPLIES - PARK FACILITIES PUBLIC WORKS JEFF HERNANDEZ 2/5/2024 $ 168.37 CHET'S HARDWARE SUPPLIES - SMALL TOOLS PUBLIC WORKS JEFF HERNANDEZ 2/7/2024 $ 43.43 CHET'S HARDWARE SUPPLIES - CITY HALL IMPROVEMENTS PUBLIC WORKS JEFF HERNANDEZ 2/7/2024 $ 63.79 CHET'S HARDWARE SUPPLIES - PUBLIC WORKS PUBLIC WORKS JEFF HERNANDEZ 2/14/2024 $ 155.86 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - CITY HALL IMPROVEMENTS PUBLIC WORKS JEFF HERNANDEZ 2/15/2024 $ 1,246.39 UNITED STATES PLASTIC CORPORATION SUPPLIES - SALT WATER REPAIR PUBLIC WORKS FRANCIS 1/17/2024 $ 14.99 ADOBE OPERATION COSTS- IT ADMINISTRATION FRANCIS 1/29/2024 $ 120.00 DUO.COM SECURITY OPERATION COSTS- IT ADMINISTRATION FRANCIS 1/30/2024 $ 134.39 AVALON PASS SUPPLIES - HHW DROP OFF BANNERS ADMINISTRATION LONG 1/19/2024 $ 6.58 VONS OFFICE SUPPLES FIRE
BAKER 1/22/2024 $ 244.06 FIREFIELD ANAHEIM TRAINING AND TRAVEL - LODGING FINANCE BAKER 1/29/2024 $ 3.65 USPS SUPPLIES - POSTAGE FINANCE
BAKER 1/29/2024 $ 617.76 DLR RESORT RES CRO TRAINING AND TRAVEL - LODGING FINANCE BAKER 2/5/2024 $ 46.00 CATALINA EXPRESS TRAVEL - BOAT FINANCE BAKER 2/5/2024 $ 384.79 ZOOM OPERATION COSTS- IT FINANCE MEFFERT 1/16/2024 $ 5.60 CHET'S HARDWARE SUPPLIES - SMALL TOOLS FIRE MEFFERT 1/16/2024 $ 300.00 TURNOUT MAINTENANCE CO UNIFORMS - PERSONAL PROTECTION EQUP FIRE M. J. ALEGRIA 1/17/2024 $ 850.00 WPY*LOS ANGELES AREA FIRE TRAINING AND TRAVEL - CONFERENCE FIRE M. J. ALEGRIA 1/22/2024 $ 91.00 CATALINA EXPRESS TRAVEL - BOAT FIRE M. J. ALEGRIA 1/22/2024 $ 1,806.40 LA-Z-BOY FURNITURE MAINTENANCE OF PREMISES FIRE M. J. ALEGRIA 1/22/2024 $ 548.04 EXPEDIA TRAINING AND TRAVEL - LODGING FIRE
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID MARCH 1, 2024
March 1, 2024
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT M. J. ALEGRIA 1/24/2024 $ 551.31 CURTIS WEB SUPPLIES - SAFETY FIRE M. J. ALEGRIA 1/24/2024 $ 323.93 HOME DEPOT SUPPLIES - SMOKE DETECTOR FIRE M. J. ALEGRIA 1/26/2024 $ 625.00 FIRE PROTECTION PUBLICATIONS TRAINING AND TRAVEL FIRE M. J. ALEGRIA 2/5/2024 $ 645.50 UNIQUE FLORAL SHOP SUPPLIES - FLORAL ARRANGMENT/ SERVICE FIRE M. J. ALEGRIA 2/6/2024 $ 22.18 EBAY SUPPLIES - EQUIPMENT MAINTENANCE FIRE M. J. ALEGRIA 2/8/2024 $ 342.50 CATALINA EXPRESS TRAVEL - BOAT FIRE M. J. ALEGRIA 2/12/2024 $ 11.19 IN-N-OUT LONG BEACH TRAINING AND TRAVEL - MEAL FIRE M. J. ALEGRIA 2/12/2024 $ 264.75 DOUBLETREE HOTEL LOS ANGELES TRAINING AND TRAVEL - LODGING FIRE M. J. ALEGRIA 2/14/2024 $ 41.75 CATALINA EXPRESS TRAVEL - BOAT FIRE M. J. ALEGRIA 2/14/2024 $ 41.75 CATALINA EXPRESS TRAVEL - BOAT FIRE M. J. ALEGRIA 2/14/2024 $ 40.75 CATALINA EXPRESS TRAVEL - BOAT FIRE M. J. ALEGRIA 2/14/2024 $ 41.75 CATALINA EXPRESS TRAVEL - BOAT FIRE M. J. ALEGRIA 2/14/2024 $ 40.75 CATALINA EXPRESS TRAVEL - BOAT FIRE M. J. ALEGRIA 2/14/2024 $ 40.75 CATALINA EXPRESS TRAVEL - BOAT FIRE CARSTARPHEN 1/16/2024 $ 1,740.00 CHARLES E THOMAS SERVICE - FUEL DOCK HARBOR CARSTARPHEN 1/23/2024 $ 99.57 BUFFALO NICKEL RESTAURANT MEAL - RETIRMENT HARBOR CARSTARPHEN 1/29/2024 3.99 WEATHERFLOW OPERATION COSTS- IT HARBOR CARSTARPHEN 1/31/2024 30.01 CHET'S HARDWARE SUPPLIES - BOAT MAINTENANCE HARBOR CARSTARPHEN 2/5/2024 22.51 CHET'S HARDWARE SUPPLIES - OFFICE HARBOR CARSTARPHEN 2/5/2024 $ 500.00 DATATEL COMMUNICATIONS SUBCRIPTION - IT HARBOR CARSTARPHEN 2/6/2024 $ 529.08 ENGINEERED PLASTIC SYSTEMS SUPPLIES - MAINTENANCE HARBOR CARSTARPHEN 2/12/2024 $ 19.00 SENDHUB SUBCRIPTION - IT HARBOR P. HERNANDEZ 1/18/2024 $ 80.74 CHET'S HARDWARE SUPPLIES - SMALL TOOLS HARBOR MAINTENANCE P. HERNANDEZ 1/19/2024 192.97 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - GREEN PIER AWNING HARBOR MAINTENANCE P. HERNANDEZ 1/22/2024 35.17 CHET'S HARDWARE SUPPLIES - SMALL TOOLS HARBOR MAINTENANCE P. HERNANDEZ 1/22/2024 $ 14.28 CHET'S HARDWARE SUPPLIES - FLOAT MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 1/22/2024 $ 39.57 CHET'S HARDWARE SUPPLIES - SMALL TOOLS HARBOR MAINTENANCE P. HERNANDEZ 1/22/2024 $ 82.32 CHET'S HARDWARE SUPPLIES - FLOAT MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 1/22/2024 $ 80.32 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - GREEN PIER MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 1/24/2024 $ 12.01 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - GREEN PIER MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 1/25/2024 $ 68.51 CHET'S HARDWARE SUPPLIES - FLOAT MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 1/25/2024 $ 5.43 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - MOLE MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 1/26/2024 $ 21.47 CHET'S HARDWARE SUPPLIES - FLOAT MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 1/30/2024 $ 165.00 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - FLOAT MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 2/7/2024 $ 66.15 CHET'S HARDWARE SUPPLIES - MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 2/7/2024 $ 44.18 CHET'S HARDWARE SUPPLIES - FLOAT MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 2/9/2024 $ 19.22 PEBBLY BEACH BUILDING SUPPLY SUPPLIES - MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 2/12/2024 $ 52.23 CHET'S HARDWARE SUPPLIES - SMALL TOOLS HARBOR MAINTENANCE P. HERNANDEZ 2/12/2024 $ 39.67 CHET'S HARDWARE SUPPLIES - FLOAT MAINTENANCE HARBOR MAINTENANCE P. HERNANDEZ 2/12/2024 $ 10.47 CHET'S HARDWARE SUPPLIES - MAINTENANCE HARBOR MAINTENANCE SCHMIDT 1/17/2024 $ 218.34 HOMEDEPOT.COM SUPPLIES - SMALL TOOLS HARBOR SCHMIDT 1/19/2024 $ 47.25 CHET'S HARDWARE SUPPLIES - OFFICE HARBOR SCHMIDT 1/22/2024 $ 29.23 OFFICEMAX/DEPOT SUPPLIES - OFFICE HARBOR SCHMIDT 1/29/2024 $ 12.08 CHET'S HARDWARE SUPPLIES - OFFICE HARBOR SCHMIDT 1/30/2024 : 60.63 CHET'S HARDWARE SUPPLIES - MAINTENANCEOF PREMISES HARBOR SCHMIDT 1/31/2024 : 21.55 BUENA PARK PLAQUE NETTROPHY.COM SUPPLIES - HARBOR MEMORIAL HARBOR 3 20,649.90 CHECK NUMBER 37610 - 37612
CITY OF AVALON CITY COUNCIL
MEETING DATE: March 19, 2024 AGENDA ITEM:
ORIGINATING DEP: Public Works CITY MANAGER: DuM
PREPARED BY: Jamie Hmielak, Maintenance Superintendent
SUBJECT: Authorize the purchase of three (3) 2024 Ford Maverick trucks for Public Works and Code Enforcement
RECOMMENDED ACTION(S): Authorize City Manager, or their designee, to purchase three (3) new Ford Maverick trucks from BP Ford located in Long Beach, CA. Allocate funds from Vehicle Replacement Fund 13825-6781 for the procurement in the amount of not to exceed $91,000.
REPORT SUMMARY: The existing fleet of vehicles in our Public Works and Code Enforcement departments is aging, leading to increased maintenance costs and decreased reliability. The introduction of three 2024 Ford Maverick trucks will address these challenges by providing modern, fuel-efficient, and small footprint vehicles that align with the needs of our City's infrastructure maintenance and Code Enforcement efforts. These vehicles would be replacing vehicles previously approved by City Council for surplus. One the trucks would be designated to Code Enforcement, and the other two for Public Works.
Benefits of the 2024 Ford Maverick:
1. Fuel Efficiency: The 2024 Ford Maverick is renowned for its exceptional fuel efficiency, offering substantial savings in fuel costs for our city government.
2. Versatility: These trucks are well-suited for various tasks, including transportation of equipment and materials for Public Works projects, as well as providing a reliable and agile platform, with a small footprint, for Code Enforcement officers during their daily duties.
3. Cost-Effective Maintenance: The Maverick's reputation for reliability ensures reduced maintenance costs, allowing us to allocate resources more efficiently.
Quotes were obtained from three Ford dealerships based on a basic fleet version of the truck that includes bed liner and tow package. The following table shows the proposed cost per truck, which includes taxes and delivery fees. BP Ford is located in Long Beach, CA offered the lowest price. This fulfills the purchasing procedure requirements under AMC Section 3-
4.106 (a).. Staff is requesting authority to purchase the trucks at a not to exceed cost of $91,000, which includes the cost of barge fees to ship the trucks to the island.
Company Location Proposed Cost
(Per Truck)
BP Ford Long Beach, CA $29,199.50
South Bay Ford Long Beach, CA $32,316.15
PFVT Motors Peoria, AZ $32,501.80
GOAL ALIGNMENT: Vehicle reliability and safety.
FISCAL IMPACTS: A cost not to exceed of $91,000. Sufficient funds exist in FY 23-24 Vehicle Replacement Fund 13825-6781.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Public Works and Code Enforcement will continue to have to use unreliable vehicles decreasing department efficiency and safety.
FOLLOW UP ACTION:. Complete the vehicle procurement following the City's purchasing policy.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Quotes from three Ford Dealerships.
BP Ford
oF Long Beach INVOICE
BP FORD
OF LONG BEACH
2950 N Bellflower INORT NO 1-19987
Long Beach. Ca 90815 DAM: March 5, 2024
(502) 761-826 CARD CO AMON
[email protected]
CITY OF AN MON CES LIC
110 A MON CONDON ROAD
AVALON CA
310-510-0220
SALESPERSON JOB PAYMENT TERMS DUE DATE
Patrick (Brien 1-19987 Due upon recipe
QUANTITY DESCRIPTION UNIT PRICE LINE TOTAL
3.00 FORD MAVERICK 2024 PICKUP SLAND 20 BOOBOOST
26,005.110 78.015.00
SPRAY BED LINER AND TRADER BICH INCLUDED
3.0H1 DELIVERY TO PORTOFDONG BEACH 275.00
825.00
3.00 CATNATIC CONVERTER ETCHING 150.00
450.00
3.00 118.00
354.00
MUST HAVE FUNDS IN FULL TO RELEASE BOUIPMENT
SUBTOTAL 79.611.(1)
SALES TAX 7,954.50
TOTAL $ 87,598.50
Makerall checks parableto BIBORD OLONG BEACH
THANK YOU FOR YOUR BUSINESS!
SOUTH BAY
Ford
LINCOLN
02/20/2024
City of Avalon
410 Avalon Cyn Rd
Avalon, Ca 90704
Attention:Jamie Hmielak-Maintenance Superintendent
Request for Quote 2024 Ford Maverick(see attached specifications) List Price-- -$30,135.00
Discount-- -(-876.00)
Selling Price-- ---29,259.00
TaX- 2,934.40
License/E-plates/Fees--- 122.75
Total- -$32,316.15/vehicle
Terms Net 20 Days
1 5100 W. Rosecrans Avenue, Hawthorne, California 90250 (310) 706-6000
PARTE MIN
PEONIA
Wire Drun Quote / Purchase order
PFVT MOTORS, LLC
Date 2/28/2024
WESLEY BOSWELL Valid Until 3/4/2024
Government Account Team Contrac CTR059322 - AZ STATE
Direct: 480-696-5930 PO
Lead Time In stock
Customer: Invoice Address: Delivery Address:
City of Avalon 410 Avalon Canyon Road 410 Avalon Canyon Road Jamie Hmielak Avalon, CA 90704 Avalon, CA 90704
Office: 310-510-0220 Ext: 123
[email protected]
Description Line Total
MAVERICK RR A50896
2024 XL AWD EXTERIOR
121" WHEELBASE OXFORD WHITE Contract pricing applied $28,215.00
DO UTO TANGO ENEMA OK SATE TAL
EXTERIOR TINTERIOR [SAFETY/SECURITY
CONFIGURABLE DAYTIME -TOUCH DOWN DRIVER WINDO AIRBAGS - SAFETY CANOPY® RUNNING LAMPS 2ND ROW BENCH FLIP-UP V ) BELT-MINDER CHIM
UNDER-SEAT STORAGE LATCH CHILD SAFETY SYSTEN
4.2" PRODUCTIVITY SCREEN ¡APPLE CARPLAY™ AND I SECURILOCK® ANTI-THEFT SYS CLOTH BENCH REAR SEA ANDROID AUTO™ J TIRE PRESSURE MONIT SYS JANUAL AVC, SINGLE ZONI • BATTERY SAVER FEATURE WARRANTY MAP POCKETS-PASSENGER I CRUISE CONTROL 3YR/36,000 BUMPER / BUMPER POWER LOCKS AND WINDOWS ELECTRIC PARKING BRAKE 5YR/60,000 POWERTRAIN
ELECTRONIC PWR ASST STEER
) FORDPASS™ CONNECT
PRE-COLLISION ASSIST WAEB
REAR VIEW CAMERA
REFRESH95
REMOTE EAR-SENPASS APP
VCLUDED ON THIS VEHICLE
QUIPMENT GROUP 100A 2,220.0
OPTIONAL EQUIPMENT/OTHER
50 STATE EMISSIONS NO CHARGE
Window tint, 2 additional keys 4 total, Delivery INCLUDED Receiver hitch with wiring installed $873.00
Subtotal $29.088.00
Sen ate a plus tructions Sales Tax 10.00% $2.908.80
Tire Tax 5 $5.00
Shipping to San Pedro, CA Extended Warranty $0.00
Flooring $0.00
Units) in stock and ready for delivery Freight $500.00
We have (2) units available Docs & Registratio $0.00
Total Per Uni $32.501.80
Stock #s RRA49763, RRA49647 Quantity of Units
PO Total 532,501.80
Above information is not an invoice and only an estimate of services/goods described above. Quote subject to change.
Please on you ace is ul by in tid cumen a ge G
if you have any questions concerning this quote, contact Wesley Boswell Thank you for your business!
9130 W Bell Road, Peoria AZ 85382
480-696-5930 - [email protected]
CITY OF AVALON CITY COUNCIL
5 MEETING DATE: March 19, 2024 ADENDA ITEM:
ORIGINATING DEP: Administration CITY MANAGER: DuM
PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Municipal Digital Signs and Lobby Screen Policy RECOMMENDED ACTION(S): Adopt the Municipal Digital Sign and Lobby Screen Policy.
REPORT SUMMARY: In 2021 the City of Avalon began implementing programs and adding technology to enhance its public noticing and information systems. The City's website has been redesigned and elements including an interactive forms system, as well as push notifications for subscribers are now utilized by more than 1,200 users.
To further enhance the City's public noticing capabilities, on June 27, 2023 the City Council authorized the procurement of two digital sign display boards. These 55" displays will be used to provide public information regarding the City's transit system as well as special event information, emergency notifications, and wayfinding assistance.
City Staff developed a policy to provide a baseline for content standards and access.
FISCAL IMPACTS: Undetermined
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: No policy will exist to govern the content or allowable uses of the digital sign boards.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENT:
- Municipal Digital Sign Policy
City of Avalon Municipal Digital Signs and Lobby Screen Policy Adopted March 19, 2024
Purpose: The purpose of the City of Avalon Municipal Digital Signs and Lobby Screen Policy is to establish rules and regulations for the use of digital signs and lobby screens to disseminate public information.
Policy: Municipal digital signs and lobby screens are viewed by the general public as representatives of the City of Avalon, therefore they shall be operated in a manner that represents the City in a positive light.
Access: Only designated, trained employees of the City of Avalon, or other designated trained personnel designated by the City Manager, may have the ability to manage the content that appears on the digital sign boards. Only designated, trained employees of the City of Avalon may have the ability to manage the content that appears on the lobby screens.
Prioritization of Messages: The following priority system shall be used in selecting messages to be posted on the digital signs and/or lobby screens:
1. Emergency messages. In the event of an emergency the City has the right to suspend all messages and use the digital signs and/or lobby screens for emergency purposes only;
2. Messages from the City;
3. Transportation notices, including, but not limited to boarding times, scheduling changes, etc.;
4. Safety related messages, such as fire prevention, education and public notices;
5. Messages from other government agencies that have a local impact or significance;
6. Community events and messages hosted and/or sponsored by the City of Avalon, or other non- profit organizations.
Prohibited Messages: The following messages shall not be permitted to be posted on the digital signs and/or lobby screens:
1. Private sector messages, whether from an individual, group, organization or business;
2. Political advertising of any type;
3. Promotion of political, factional or religious viewpoints;
4. False, misleading or deceptive messages;
5. Messages expressing discriminating viewpoints, any kind of hate speech or rhetoric;
6. Events and/or functions open only to members of an organization.
7. Any depiction of illegal activities.
8. Any depiction of alcohol, tobacco or drug use.
Special Event or Paid Advertising Content Standards: City officials will not create content/messages for outside agencies for use on the digital sign boards or lobby screens. Content and messages provided by outside agencies must adhere to the following:
1. Only static images. No blinking or flashing content shall be permitted.
2. Request for video content may be considered on a case-by-case basis at the City Manager's discretion.
3. Paid advertising or commercial messaging is not permitted on lobby screens.
4. All requests must be made in writing through the submission of a digital sign/lobby screen content application.
5. All requests for content must be reviewed and approved by the City Manager.
6. All approved requests are subject to a permitting fee.
7. Messages/content may only appear on the digital sign boards/lobby screens for a maximum of three weeks unless a longer period is approved by the City Manager.
Display Regulations:
1. Messages will remain static on the sin board for 5-10 seconds.
2. Illumination of content on the display board will be reduced at dusk.
3. Messages will be active from 7:00 a.m. to 11:00 p.m. daily.
CITY OF AVALON CITY COUNCIL
MEETING DATE: March 19, 2024 ADENDA ITEM:_ 6
ORIGINATING DEP: Administration CITY MANAGER: AMM
PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Original Antonio's Pizzeria and Deli Lease Agreement RECOMMENDED ACTION(S): Authorize the City Manager to execute a lease amendment with Original Antonio's Pizzeria and Deli.
REPORT SUMMARY: In January 2016, Original Antonio's Pizzeria and Deli, located at 114 Sumner, entered into a lease agreement with the City of Avalon. The lease agreement outlined a space comprised of approximately 37 square feet of the public right of way that buttresses against the building.
As a result of the COVID-19 pandemic and the associated public health orders restricting indoor dining, the City allowed Original Antonio's to modify the space they occupied. The modification increased the area for customers to order take out at the window as well as increased the overall footprint for outdoor dining to accommodate more tables. While the original 2016 lease allowed for only two (2), two (2) person tables abutting the building, the space used since 2020 encompassed that space as well as an additional approximate 182.15 square feet allowing for one (1) large 8 to 10 person table, and five (5) two (2) or more person spaces.
When COVID-19 restrictions for indoor dining were lifted, City Staff requested Original Antonio's transition back to the space outlined in the original 2016 lease agreement, or request in writing the lease be modified to account for the additional space. On July 26, 2021 the City of Avalon received a request to have the space added to the current lease agreement. On August 17, 2021, the City Council authorized the City Manager to execute a lease amendment with Original Antonio's to include the new footprint as well as adding the following additional conditions:
- Pressure wash the area weekly to mitigate grease stains, - Thoroughly clean the area nightly removing all trash cans and other debris, - Require all umbrellas used to be a minimum of 8 feet tall (this is consistent with other leases),
- Amend the lease rate to reflect the CPI adjusted rate currently paid ($1.32/square foot, a monthly rate of $240.44), and
- Require the lease be amended to reflect the increase rent effective August 1, 2021.
Though approved by the City Council, a lease amendment was never executed.
Original Antonio's ceased operations under its ownership structure on February 25, 2024. On February 29, 2024, after confirming the business had ceased operations, the City terminated the 2016 lease agreement.
Original Antonio's has been purchased by CMMC Investments, Inc. The new proprietors contacted the City on February 29, 2024 to request the City consider a new lease agreement for the outdoor dining space.
The proprietors request to use an approximate 100 square foot area extending only directly in front of the business along the pubic bench and a smaller 11.5 square foot space on the southern wall of the building.
City staff recommend authorization for the City Manager to execute a lease agreement with CMMC Investments, Inc. with the following provisions:
- Tenant is required to pressure wash the area as needed to mitigate grease stains, - The area must be cleaned nightly removing all trash cans and other debris, - All umbrellas used must be a minimum of 8 feet tall (this is consistent with other leases), - The lease rate shall be for non-exclusive use and the lease rate will reflect the CPI adjusted rate of $1.54 per square foot - $154.00 due each month.
FISCAL IMPACTS: Lease revenue.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The tenant will be required to remove tables from the public right-of-way and honor the area outlined within the original lease agreement.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENT:
- Photographs of proposed lease area.
ATMATER
25 4'
CITY OF AVALON CITY COUNCIL
MEETING DATE: March 19, 2024 AGENDA ITEM:
ORIGINATING DEP: Administration CITY MANAGER: DuM
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Vehicle Citation Amnesty Program
RECOMMENDED ACTION(S): Adopt a resolution establishing guidelines for a limited term vehicle citation amnesty program reducing fine amounts for outstanding Vehicle Code and City of Avalon Municipal Code infractions for individuals meeting eligibility requirements.
REPORT SUMMARY: In 2023, City Council approved a limited term Vehicle Citation Amnesty Program in which 17 vehicle owners took advantage of the program with 7 vehicles removed from the island. Since then, City staff have received inquiries into the program and recommend completing another program during the 2024 vehicle season.
Currently there are 1,598 outstanding citations accounting for $125,824 in outstanding fines. The most citations owed by any single individual exceed $10,000.
In order to incentivize individuals to come into compliance with local and state requirements, Staff propose a vehicle citation amnesty program commencing on March 20, 2024 and concluding May 2, 2024 The goal of the program is to encourage settlement of existing, outstanding citations with the understanding that the individual will take steps to cure issues related to illegal vehicles - whether it is removal of the vehicle from the Island or compliance with State and local regulations so the vehicle may be appropriately registered.
Staff propose one option for citation forgiveness for individuals (who have not previously benefited with the amnesty program) with $250 or more in outstanding citations:
1. Elimination of 100% of all outstanding fines and associated late penalties and/or interest IF the individual voluntarily signs over the title of the vehicle to the City of Avalon for its removal from Santa Catalina Island.
City staff recently established a new program between the local barge service and a recycler from the mainland, to transport/dispose of abandoned vehicles. Once the vehicles are sold/dismantled, the recycler will issue the City a reimbursement check.
In addition, the City continues working with the Los Angeles County Sheriff's Department in establishing an impound facility which would greatly assist in managing the vehicle program.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not have a process to provide relief to qualified individuals who have accumulated fines and penalties due to noncompliance with the AMC.
FOLLOW UP ACTION: Implementation of City Council direction.
FISCAL IMPACTS: Undetermined.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS:
- Resolution
RESOLUTION NO. _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON
ESTABLISHING GUIDELINES FOR A LIMITED TERM
AMNESTY PROGRAM IN THE CITY OF AVALON REDUCING
FINES FOR OUTSTANDING VEHICLE CODE VIOLATIONS
WHEREAS, in 2023 a total of (17) residents participated in the Vehicle Amnesty Program resulting in a total of (7) vehicles being removed from the Santa Catalina Island and residents have requested a 2024 Vehicle Amnesty Program; and
WHEREAS, the Avalon Municipal Code, Section 4-4.1701 states that "... there are special problems existing in the City relating to the size and nature of the streets and the characteristics and nature of the City itself and, in view of these special problems, the Council hereby determines that special rules regulating the size, number, noise, speed, and classes of vehicles used, permitted, or operated on the streets under its jurisdiction are necessary;" and WHEREAS, the City Council concluded that illegal vehicles play a significant role in contributing to noise, emission and congestion issues within the City; and WHEREAS, the City Council directed Staff to establish guidelines for a limited-term amnesty program to forgive fines and penalties associated with illegal vehicles; and WHEREAS, encouraging settlement of existing, outstanding citations with the understanding that the individual will takes steps to cure issues related to the illegal vehicle is the stated goal of the program; and
WHEREAS, the program will operate through May 2, 2024; and WHEREAS, the program will allow individuals, who did not already participate in the 2023 Vehicle Amnesty Program, with an excess of $250 in outstanding citations to apply for citation forgiveness; and
WHEREAS, forgiveness options will include elimination of 100% of all outstanding fines and associated late penalties and/or interest IF the individual voluntarily signs over the title of the vehicle to the City of Avalon for its removal from the Island; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avalon hereby authorizes the establishment for a one-time vehicle citation amnesty program.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon this 19" day of March, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones
Deputy City Clerk/Sr. Administrative Assistant
CITY OF AVALON CITY COUNCIL
MEETING DATE: March 19, 2024 AGENDA ITEM: 8
ORIGINATING DEP: Administration CITY MANAGER: DMM
PREPARED BY: Devin Hart, Management Analyst
David Maistros, City Manager
SUBJECT: Construction Risk Management and Funding Control Disbursement Agreement
RECOMMENDED ACTION(S): Authorize the City Manager to enter into an agreement with Partner Engineering and Science, Inc. to perform construction monitoring, funding control and disbursement for the Catalina Island Health Avalon Hospital Development Project.
REPORT SUMMARY: On November 3, 2020, approximately 70% of City of Avalon voters approved the implementation of Measure H - a special tax on all cross-channel carriers (ferries, private boats, cruise ships, and helicopters) to fund a future hospital facility.
Codified in Section 10-2.6 of the Avalon Municipal Code (AMC), the special tax, capped at $2.00, is charged to passengers only upon landing or discharging from a vessel when they arrive at the City of Avalon. The City provides oversight of funds collected by Measure H and is provided the authority under Section 10-2.610 of the AMC to audit expenditures to ensure they are in compliance with the AMC.
The AMC also authorizes the City to recoup "Administrative Costs" associated with the management of Measure H funds. Per Section 10-2.609 of the AMC:
The proceeds of the special tax shall be deposited into an account created exclusively for that purpose and designated the "Catalina Island Medical Center Improvement Fund" and shall be held, separate and apart from other funds of the City. Funds deposited in such account shall be used for the exclusive purposes of financing the infrastructure replacement, and debt financing for a new facility, infrastructure necessary for the implementation of new programs of the Catalina Island Medical Center, or any component thereof, and for any financing costs or other Administrative Costs incurred by the Catalina Island Medical Center or the City on behalf of the Catalina Island Medical Center in connection therewith. For purposes of this article, "Administrative Costs" shall include only those costs incurred to impose and administer the special tax and shall not include administrative or operational costs of the Catalina Island Medical Center. Proceeds of the special tax may not be used for any other purposes except as provided for herein.
To date, Catalina Island Health, formerly the Catalina Island Medical Center, has requested and received approximately $886,541.05 in Measure H funds as reimbursement for expenses associated with the new hospital. At the time this report was authored, the Measure H fund has a balance of approximately $481,000.
City Staff has performed sufficient due diligence in reviewing fund disbursement/reimbursement requests; however, as the new hospital project progresses and the frequency of requests for funds increases, City Staff recommend engagement of a qualified firm better equipped to provide a higher, more specialized level of oversight for this project.
Partner Engineering and Science, Inc. (Partner) is a reputable firm with offices across the globe and more than 47 locations in the United States including Irvine and Los Angeles, California.
The firm is familiar with Avalon and provided construction monitoring, fund control and disbursement services for a lender for the Catalina Island Museum's construction of the Ada Blanche Wrigley Schreiner Building - an approximate $16 million project.
Partner proposes to perform document and cost review for funding requests from Catalina Island Health for the construction of the new hospital including:
- Identifying the total scope of work;
- Reviewing the completeness and adequacy of construction documents; - Analyzing and opining on the budget;
- Confirming that the cost breakdown is balanced and usable as the standard for future loan disbursement;
- Providing an opinion as to the reasonableness of the Catalina Island Health's schedule to construction.
The cost of review, $500 per occurrence, would be paid through Measure H funds as "Administrative Costs."
As the project further materializes, Partner's agreement can be amended to include a higher levels of engagement including site and construction progress monitoring.
The hospital project is complex. As the City is not engaged in every aspect of the project, City staff do not have the oversight capabilities, qualified skill set, or time to perform the necessary review to ensure the funding requests align with the AMC. It is the opinion of City staff that a qualified third party firm may best serve the tax payers and will provide the most objective assessment of funding requests.
GOAL ALIGNMENT: Fiduciary responsibility.
FISCAL IMPACTS: None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The administrative burden to review and approve funding requests associated with Measure H will continue to fall to City Staff.
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: Partner Proposal
PARTNER
January 31, 2024
Devin Hart
Management Analyst - City Manager's Office
City of Avalon
410 Avalon Canyon Road, P.O. Box 707
Avalon, CA 90704
Re: Avalon Hospital Development (the "Project")
TBD
Avalon, CA 90704
Document and Cost Review (DCR)
-
Contractor Evaluation (CE)
-
Construction Progress Monitoring (CPM)
Funds Control (FC) X with Funds Disbursement (FD)
Completion Commitment (CC)
-
Partner Project Number 24-435752
Dear Devin,
Partner Engineering and Science, Inc. (Partner) is pleased to submit to City of Avalon (Client) the following Proposal for Construction Risk Management Services for the referenced project.
Thank you for the opportunity to submit this proposal for your review and for the courtesy of your consideration. We look forward to working with you on this Project, as well as others in the future.
Sincerely,
Joseph (Joey) Bonin, Jr.
National Client Manager/Principal
www.PARTNEResi.com | (800) 419-4923
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PROPOSAL FOR CONSTRUCTION RISK MANAGEMENT SERVICES
Partner is pleased to submit to the Client the following scopes and fees for performing the selected services. In order to achieve these objectives in a cost-effective manner, Partner will start its review and assessment when documents received are adequate to generate meaningful and comprehensive reports.
PROJECT DESCRIPTION/LIMITS OF SCOPE
This is a new construction project of a hospital for the City of Avalon in Avalon, CA with a construction amount of $60,000,000.
1. Document and Cost Review (DCR):
The DCR review and analysis process is intended to provide the Client with information to evaluate proposed construction improvements and related budgets. The objectives of the construction analysis are to:
• Identify the overall scope of the construction/renovation work. • Review the completeness and adequacy of construction documents, i.e. plans and specification, contract agreements, etc.
• Analyze and opine on the budget provided by the borrower. • Confirm that the cost breakdown submitted by the borrower (developer/contractor) is balanced and useable as the standard for future loan disbursements. • Provide an opinion as to the reasonableness of the borrower's schedule to construct.
Documents Requested to Complete Document and Cost Review Various factors influence the extent, level of detail and type of inquiry appropriate to the review of a specific project. In general, a complete construction analysis report can be prepared with documentation listed
1. Construction Contract
The contract between the Borrower and Contractor including all exhibits and general conditions.
2. Construction Subcontracts and/or Purchase Orders
The subcontracts and/or purchase orders for all subcontractors and vendors/suppliers in excess of $10,000
3. Detailed Hard Cost Budget (G702 & G703 preferred)
The schedule of values developed between the borrower and contractor to be used in each draw request as well as the overall development budget. 2| Page PARTNER G
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4. Construction Schedule
Critical Path Method Schedule developed by the contractor including project start date, mobilization, major construction milestones, the substantial completion date, punch list, final completion date.
5. ALTA Survey (Half size hard copy and Electronic pdf files preferred)
6. Project Plans and Specifications (Half size hard copy and Electronic pdf files preferred) The latest signed and sealed drawings for the project (including Architectural, Structural, MEP, Civil, Landscape and Tenant Fit-out drawings) and associated project specifications.
7. Affidavit of Compliance
Statement from the Designer of Record expressing that the plans comply with all applicable building codes including ADA and FHA (if applicable) requirements.
8. Zoning Approvals (if applicable)
Evidence of zoning and/or re-zoning (including variances).
9. Environmental Reports
All environmental reports associated with the project including but not limited to Phase 1 Environmental Assessment Report, Asbestos and Lead Base Paint Assessment Report, etc.
10. Geotechnical Report
Complete study with recommendations for foundations and structural load bearing capacities
11. Permits
Copies of all necessary permits (demo, land disturbance, building permits, etc.). If not available, provide status of permits.
12. Utility Letters
Letters indicating that there is capacity and service will be provided
13. Insurance Certificates and Bonds
Copies of all required certificates and bonds including Architect's Errors and Omissions Insurance, General Contractors Certificate of Liability Insurance, Builder's Risk and Payment and Performance Bonds.
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Il. Contractor Evaluation (CE):
The review and analysis process is intended to provide Client with information to evaluate the proposed contractor's capabilities as it relates to the project at hand. In order to achieve these objectives in a cost-effective manner, Partner will review and report on documents provided.
Documents Requested to Complete the Contractor Evaluation Various factors influence the extent, level of detail and type of inquiry appropriate to the review of a specific company. In general, a complete contractor capability analysis report can be prepared with documentation listed below. Documents requested to complete a Contractor Evaluation report are critical to the report's conclusion.
Minimum Information
• AIA A305 is a contractor's qualification statement
• Company History
• List of Key Employees and Resumes
• Methods of obtaining business (bidding, negotiated)
• Typical Contract Structure (Lump Sum, GMP, CM, GC, Design Build) • 3 Years of Financial Statements
• General Contractors License
• Major Equipment Owned
sines volume for the Pas 3 Years
• Current Work in Progress
• Largest Projects Completed within the Last 5 Years
• Typical Work Performed vs. Subcontracted to Others
• Description of Company's Estimating Process
• Procurement of Labor & Materials & Qualification Screening Process • Methods used to Monitor Costs, Project Accounting & Controls • Methods and tools used to Manage Projects, Supervision, Schedule, Change Orders, RFl's
• Project Scheduling
• Safety Program Information
• Standard Insurance Coverages
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III. Construction Progress Monitoring (CPM):
Partner will conduct construction progress monitoring to ensure that the proposed improvements at the subject site are progressing appropriately and as indicated in the AlA G702 and G703 forms or similar provided by Client. Partner will confirm information provided by Client and assess the status of the project, the construction operations and the status of the collateral. Partner's field representative will visit the site as directed or on a pre-arranged schedule and prepare a written report regarding the progress of the project and any recommendations. While on site, Partner's assessor will conduct at a minimum the following reviews:
• Observe the construction work and establish its level of completion. • Assess general conformance with the understood scope of work. • Assess the adequacy of material and workmanship.
• Assess conformance of observed work with any known special lending or funding provisions.
• Assess the accuracy and completeness of the Contractor's application for payment. • Identify and report construction changes and potential and pending change orders. • Identify and report status of stored materials and, if requested, materials off site. • Assess the conformance to the construction schedule.
• Observe the labor on site for any indications of potential work hindrances or stoppages.
• Identify issues that may affect the continuation of work for future phases/draws.
Documents to be Collected
Various factors influence the extent, level of detail and type of inquiry appropriate to the review of a specific project. A complete CPM report can generally be prepared with an executed contract, appropriate scope documents and the documentation listed below.
Initial Startup
• Building Permit
• Draw Request (AIA G702 & G703 or similar) - Draft for acceptance • Development Draw - Draft for acceptance
• An executed copy of the owner contractor agreement with all exhibits inclusive of construction schedule of values (cost breakdown)
• Scope documents such as construction documents, specifications, drawings, plans Documents Requested Each Draw:
• Completed CPM Checklist
• Draw Request (AIA G702 & G703 or similar)
• General Contractor Change Orders
• Construction schedule updates/revisions
• General Contractor's Lien release and waiver
• Change orders and pending change order log
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IV. Funds Control (FC) / Funds Disbursement (FD):
For Funds Control services, Partner will maintain information to include a subcontractor and vendor list, invoices, check numbers and amounts and other related financial information, as described in Schedule 1. Partner will collect and verify all invoice material, back-up documentation, and lien waivers for each draw request, and will submit our findings through tracking logs within our CPM report for review to Client. If Partner is retained to disburse funds, disbursements will be made to the Borrower, Contractor, Subcontractors and other vendors, as applicable, once the draw is endorsed, approved, and upon Partner's receipt of the required funds.
In addition, the following terms shall apply to both services for the duration of the project:
• Prior to commencement, Client will provide bank account transfer requirements to Partner.
• Partner will maintain full account records for periodic audits as required by Client. • All account records will be maintained in accordance with generally acceptable accounting practices.
Documents to be Collected
Various factors influence the extent, level of detail and type of inquiry appropriate to the review of a specific project. A complete FC/FD report can be prepared with documentation listed below.
Documents Required Each Draw:
In addition to the documents requested for CPM, the following documents are required:
Disbursement Breakdown form
• Invoices from all Subcontractors and Suppliers
• Budget Amendment Approval Form
• Borrower's Authorization for Disbursement
• Change orders for Subcontractors and Suppliers
• Subcontractor & Supplier Lien release and waiver
V. Completion Commitment (CC):
Subject to the conditions and limitations set forth below Partner will provide the administrative, management and oversight services necessary to complete the Project, in accordance with the terms of the Completion Commitment Agreement ("Completion Agreement") attached hereto as Exhibit "B", in the event that Contractor fails to perform Contractor's obligations pursuant to the Prime Contract and Borrower terminates the Prime Contract, for cause. Partner's willingness to enter into the Completion Agreement is subject to the following conditions:
1. Lender, Borrower, Contractor and Partner enter into the Services Agreement attached hereto as Addendum "A" which includes the Project Funds Control Procedures; 6 Page
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2. Successful completion of the Document and Cost Review and Contractor Evaluation;
3. Acceptance of the construction budget, the Prime Contract, the form of subcontract, the construction schedule, the plans, specifications, permits and other documents which define the scope of the Project ("Construction Documents"), the Contractor's qualifications and such other items which Partner may request to review in its reasonable discretion;
4. Any and all recommendations made by Partner and contained in Partner's DCR and/or CE Reports are addressed to Partner's satisfaction;
5. Retainage is handled in a matter consistent with the law and/or contract;
6. Client and Borrower establish and set aside a contingency of not less than ten percent (10%) of the price in the Prime Contract (the "Contingency"); which contingency shall not be used or released without Partner's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed;
7. Lender's continued funding of the Construction Loan in the event Lender makes a demand; and,
8. Lender's acceptance of this Proposal.
The Completion Commitment shall only apply in the event of a termination due to and/or caused by an uncured default in the Contractor's performance under the Prime Contract ("termination for cause"), and shall not apply to a "termination for convenience" or rescission by mutual consent.
The Completion Commitment shall be void in the event of any material violation of, or deviation from, any requirements and/or recommendations made by Partner in Partner's CE report, DCR report or the FD procedures, the contingency requirement or in the case of intentional fraud.
VI. FEES:
Document and Cost Review (DCR)
Contractor Evaluation (CE)
Construction Progress Monitoring (CPM)
Funds Control (FC)/Funds Disbursement (FD) $500 per occurrence These fees are inclusive of all travel, communications with borrower and contractors.
Fees for services are valid for the entire duration of the project/assignment and are payable upon delivery of invoice by Partner. Partner reserves the right to increase the Completion Commitment Fee based on increases to the fee calculation. Reports that need to be updated will be subject to additional fee commensurate with effort.
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The proposal is valid for 60 calendar days from the issuance. Proposals older than 60 calendar days may be subject to renegotiation.
VIl. PAYMENT SCHEDULE/TERMS:
X As service provided - Paid up front* (Required for CC Projects) VIll. SCHEDULE:
Partner will commence with the proposed scope of work upon (1) the Client's written authorization to proceed and (2) receipt of the requested documents.
Document and Cost Review (DCR) - The Report is subject to the receipt of the requested documents as listed above in a timely manner and the report can typically be completed within 3 weeks of receipt of adequate documents.
Contractor Evaluation (CE) - The Report is subject to the receipt of the requested documents as listed above in a timely manner and the report can typically be completed within 3 weeks of receipt of adequate documents.
Construction Progress Monitoring (CPM) - Upon request for a project assessment/draw review, an assessment will be immediately scheduled for a date and time convenient for all necessary parties. The assessment will occur within 2 - 5 working days. The report with photos will be delivered via email to the Client within a total of five to seven (5 - 7) working days.
Funds Control (FC) / Funds Disbursement (FD) - Upon receipt of all required documentation and within ten to twelve (10 - 12) business days, Partner will audit the draw request, obtain the Borrower's Authorization and request funds from the Client. If Partner is retained to disburse funds, Partner will disburse the draw funds within one (1) business day from Partner's confirmation of receipt of the requested funds. Checks will be sent in one package to the Contractor. 8| Page PARTNER O
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PROPOSAL ACCEPTANCE
Acceptance of this Proposal is subject to the provisions of the Partner Terms & Conditions (Exhibit A). If this Proposal for Construction Risk Management Services meets with your approval, please authorize us to proceed with the above services by signing the Client Acceptance Page of this Proposal for Construction Risk Management Services and returning the executed copy via e-mail at [email protected].
If you have any further questions or require any additional information, please contact me directly at 678-889-1558. On behalf of Partner, I appreciate the opportunity to submit this Proposal for Construction Risk Management Services for your review and consideration, and look forward to working with you on this and other upcoming projects that you may have.
Partner Engineering and Science, Inc.
Joseph (Joey) Bonin, Jr.
National Client Manager/Principal
Asis propable, the following Exhibits are attached and incorporated in their entirety into X Exhibit "A" Terms and Conditions
_ Exhibit "B" Completion Commitment Agreement
_ Addendum "A" Services Agreement
X Schedule "q" Funds Control Procedures
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Client Acceptance Page
Email to: [email protected]
For: City of Avalon Partner No.: 24-435752
Project: Avalon Hospital Development, TBD, Avalon, CA
FEE & PAYMENT SCHEDULE:
Payment Terms: X As service provided _ Paid up front* (Required for CC Projects) Please provide the following Services for the above-referenced property:
Document and Cost Review (DCR)
Contractor Evaluation (CE)
Construction Progress Monitoring (CPM)
* Funds Control (FC) / X Funds Disb. (FD) $500 per occurrence Client Section
Please provide Partner with desired points of contact in order to coordinate our services.
Lender Point of Contact: Contractor Point of Contact:
Name: Name:
Phone Number: Phone Number: _
Email: Email:
Borrower Point of Contact:
Name: Anticipated Loan Closing Date:
Phone Number:
Email:
Proposal for Construction Risk Management Services accepted by:
City of Avalon
By:- Date:
Print Name: Devin Hart
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EXHIBIT A - TERMS AND CONDITIONS H. RELIANCE. No party shall be allowed to use or rely on any reports) or information generated in A. ENTIRE AGREEMENT. These Terms and Conditions, in combination with those documents the completion of this project until payment in full is made to Partner for any outstanding invoices incorporating them by reference, constitute the entire agreement (the "Agreement") between related to the Services rendered. Client understands that Services governed by this Agreement are strictly for their sole use and benefit and agrees not to authorize any third party to rely on the Partner Assessment Corporation d/b/a Partner Engineering and Science, Inc ("Partner") and Client to perform the described services (the "Services"), and all subsequent, mutually-agreed change Services without the prior written consent of Partner. The parties expressly agree that no third orders. This Agreement supersedes all prior proposals or negotiations between the parties with party, including, but not limited to, any heirs, devisees, representatives, successors, assigns, respect to the subject Services. These terms and conditions will also apply to any contract or affiliates, and subsidiaries of the parties or any partnership, corporation or other entity controlled by the parties or which control the parties, may rely on or raise any claim relating to the Services or purchase order document issued by the Client for future services, whether or not it is expressly incorporated. In the event of any conflict between these terms and conditions and the provisions of this Agreement. Partner acknowledges that Client may wish to allow others to rely on the Services any purchase order or other document, these terms and conditions shall control unless the performed and agrees to extend reliance to others subject to execution of an appropriate conflicting document expressly supersedes specific provisions hereof. This Agreement may not be agreement and collection of additional fees. Client acknowledges that the terms and conditions offered to others in connection with such reliance may differ from those agreed herein. In the event modified except in a writing executed by both parties.
B. SERVICES. The Services will be performed in material compliance with the provisions of the that Client permits a third-party to rely upon this Agreement, the Services, and/or reports provided Agreement. Client has reviewed the Agreement in detail and agrees that the Services are by Partner in breach of Paragraph H herein and said third party files a claim or lawsuit against appropriate to meet Client's needs and requirements. Unless specified elsewhere in the Agreement, Partner relating to this Agreement, the Services, and/or reports provided by Partner, Client agrees Partner shall furnish all technical and professional services, including labor, material, supplies, to indemnify and hold Partner harmless from any damages, losses, liabilities, and costs, including, but not limited to, reasonable attorney fees, costs, and expert witness fees, arising from any such equipment, transportation, accommodation, subsistence and supervision of Partner personnel, to perform the Services. Client acknowledges that Partner may utilize third-party service providers in the performance of its obligations hereunder. Partner shall at all times be an independent I. NON-SOLICITATION. Neither party shall hire or solicit for employment any of the other party's contractor and no persons involved in connection herewith shall be considered employees of the employees for a period of one (1) year subsequent to any services rendered by Partner for Client.
In the event of a party's breach of this covenant, the aggrieved party may seek all remedies including C. FEES, INVOICING AND PAYMENT. Charges for all services shall be invoiced and paid in accordance but not limited to an injunction; attorney fees and costs to enforce this provision; and monetary damages based upon the employee's previous annual salary and all costs related to training. with the Lump Sum Price or the Fee Schedule contained in the Agreement. Unless otherwise specified, invoices will be submitted to Client at time of report delivery. Payment is due upon receipt J. TERMINATION. This Agreement may only be Terminated by mutual consent, or by notice by either of the invoice and Client agrees that payments shall be made within thirty (30) days of presentation party in writing. In the event of termination prior to completion of the Services (i) by Client for any of the invoice. Should cancellation of the project occur after a verbal report of the findings has been reason, or (ii) by Partner due to the breach of this Agreement by Client, Partner reserves the right provided, Client agrees to make a payment of 80% of the total cost due at the time of cancellation. to complete such analyses and records as are necessary to place its files in order and, where Amounts not paid within thirty (30) days shall be subject to a late payment charge equal to the lesser considered by Partner as necessary to protect its professional reputation, to complete a report on of one and one half percent (1½%) per month or the maximum amount allowed by applicable law. Services performed to date. Partner shall have the right to receive a reasonable termination charge Should any invoice be in dispute, only that portion of the invoice in dispute may be held in abeyance to cover such costs and to be compensated for all Services performed prior to and in connection until the dispute is resolved. Partner may suspend or terminate further performance under this or with such termination. In the event of termination, client shall have no rights of use or reliance upon the work. Paragraphs A, C, D, E, F, G, H, I, J, K, L, M, N, O, P and Q shall survive termination. other agreements with Client upon reasonable notice for the non-payment of invoices. Partner shall have no responsibility or liability in connection with the Services, and Client shall have no right to K. RESOLUTION OF DISPUTES. This Agreement shall be governed by, subject to, and construed in rely on any report or other materials delivered, until all invoices have been paid in full. Partner shall accordance with the laws of the state of California, without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. With the exception of disputes arising be entitled to all legal fees, including but not limited to attorney's fees associated with any attempt to collect on unpaid invoices associated with the Services. from failure to pay any invoices or fees for services rendered, any claim, controversy, or action D. CONFIDENTIALITY. Information which the Client identifies as confidential upon provision to arising out of, or related to, this Agreement or the alleged breach thereof, shall be submitted to Partner and which is not publicly available will be treated as confidential in accordance with industry mandatory non-binding mediation through a third-party mediator to be agreed upon by the Partner customs or standards. However, Partner shall have no liability to Client or any third party for and the moving party. A "Notice of Mediation" shall be served by any party to commence the disclosure of confidential information in notifications or reports which reveal potential issues mediation process. The service of the Notice of Mediation shall stay the running of the limitations related to the health, safety or welfare of the general public; subject to court order or other period set forth in Paragraph L herein for a period of 60 days unless a longer or shorter period of mandate; and/or further subject to public policy considerations. Partner shall have no liability to time is agreed to by the parties. In the event that the parties cannot reach a resolution through mediation, the parties may proceed to litigate their claims in Court. Any litigation so instituted shall Client or any third party for notifications or reports made in accordance with such laws or orders and Client shall defend, indemnify and hold harmless Partner from and against any and all claims, be filed and litigated in the State Court of California, County of Los Angeles in accordance with the laws of the State of California, and subject to Paragraph L herein. With the exception of disputes demands, liabilities, costs and expenses, including reasonable attorney's fees, incurred by Partner in connection with such notifications or reports. arising from failure to pay invoices or fees for services rendered, each party shall pay the fees of its E. INDEMNIFICATION. Partner agrees to indemnify and hold Client harmless from any damage, own attorneys, and the expenses of its witnesses and all other expenses connected with the liability or cost (including reasonable attorney's fees and costs of defense) to the extent caused by Partner's negligent acts, errors or omissions in the performance of services under this Agreement. L. LIMITATIONS PERIOD. Neither party shall initiate any claim or action against the other more than eighteen (18) months after the date from which all final reports for Services performed by Partner Client agrees to indemnify and hold Partner harmless from any damage, liability or cost (including reasonable attorney's fees and costs of defense) to the extent caused by Client's negligent acts, under this Agreement are submitted by Partner to Client. The parties further expressly agree that errors or omissions and those of its contractors, subcontractors or anyone for whom the Client is this Limitations Period is reasonable, unambiguous and shall not be subject to modification or the legally liable and arising from the project that is the subject of this Agreement, and for any liabilities delayed discovery rule unless expressly agreed to by the parties in writing.
M. CORPORATE PROTECTION. It is intended by the parties to this Agreement that Partner's services incurred by Partner in excess of those limitations contained in Section F below. Each of the foregoing indemnities is conditioned upon the indemnified party (i) providing prompt notice to the in connection with the project shall not subject Partner's employees, officers, or directors to any indemnifying party of any potential claim, (ii) tendering control of the defense and/or settlement of personal legal exposure for risks associated with this project. such claim to the indemnifying party, and (ill) reasonably cooperating with the indemnifying party Client's sole and exclusive remedy, any claim, demand or action shall be directed and/or asserted only against Partner, a California corporation, and not against any of Partner's employees, officers, in the defense and/or settlement of such claim.
F. LIMITATION OF LIABILITY. NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR ANY N. NO WAIVER. The failure of either party to exercise any right or remedy hereunder or to take any
INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF INCOME, PROFITS OR DATA OR DIMINUTION OF action permitted on a breach by the other party shall not be deemed a waiver of such right or VALUE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF, OR HAD REASON TO KNOW OF, THE remedy or of any other rights or subsequent breach of a like or different nature.
POSSIBILITY OF SUCH DAMAGES. CLIENT AND PARTNER AGREE THAT PARTNER'S AGGREGATE O. SEVERABILITY. The provisions of this Agreement are severable. The invalidity of any part of this LIABILITY TO THE CLIENT AND ALL THIRD PARTIES IN CONNECTION WITH THE SERVICES SHALL BE Agreement shall not invalidate the remainder of the Agreement or the remainder of any portion LIMITED TO GENERAL MONEY DAMAGES NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00).
THIS LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY PLED OR P. RETENTION OF PARTNER'S DOCUMENTS. With the exception of Partner submittals to Client, all ASSERTED. THE PARTIES ACKNOWLEOGE THAT THEY HAVE CONSIDERED THE ALLOCATION OF RISK documents, including, without limitation, historical research, field data, field notes, laboratory test PRESENTED BY THE PROVISIONS OF THIS PARAGRAPH AND THAT THE ALLOCATION IS REASONABLE data, calculations and analyses prepared as instruments of service shall remain the property of UNDER ALL FACTS AND CIRCUMSTANCES SURROUNDING THE AGREEMENT. Except with respect to Partner. Partner will retain all pertinent records relating to the services performed for a period of eighteen months following the completion of Partner's services. After this period, they may be the management, administrative and oversight services to be provided by Partner pursuant to the Completion Agreement, Partner's financial commitment to complete the Project shall not exceed the sum of: (a) any undisbursed funds remaining in the Construction Loan provided by Lender; (b) Q. NO ASSIGNMENT. Neither party shall assign their rights under this Agreement to any third party, the value of the Contingency; and (c) any amount withheld from payment to Contractor. Except for including, but not limited to, any heirs, devisees, representatives, successors, assigns, affiliates, and subsidiaries of the parties or any partnership, corporation or other entity controlled by the parties providing the funds required to properly administer, manage and oversee the completion of the Project, Partner shall not be obligated to use its own funds or resources to pay the cost of or which control the parties without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. Each party, and the person executing on behalf of such party, G. WARRANTY. Partner warrants that the Services will be performed in a good and workmanlike represent and warrant that such person has the full power and authority to bind the party represented.
manner in accordance with prevailing standards and practices applicable to the Services. PARTNER
EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PARTNER
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