AGENDA REPORT
Meeting Date: September 1, 2026
Item Number:
To: Honorable Mayor & City Council
From: Michael Hensley, Deputy Director of Public Works, Operations Craig Crowder, Fleet & Facilities Manager
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND 10-33 INDUSTRIES LTD LIABILITY CO DBA 10-33 INDUSTRIES
FOR UPFITTING OF VARIOUS TYPES OF PUBLIC SAFETY
VEHICLES; AND
APPROVAL OF A PURCHASE ORDER FOR FISCAL YEAR 2026/27
IN THE NOT-TO-EXCEED AMOUNT OF $350,000
Attachments: 1. Agreement
2. City of Hermosa Beach Contract for RFQ 25-007
3. June 19, 2026 Letter from 10-33 Industries
RECOMMENDATION
Staff recommends City Council approve a one-year agreement with 10-33 Industries Ltd Liability Co DBA 10-33 Industries with the option for four (4) one-year extensions in the notto-exceed amount of $1,750,000 for upfitting of various types of public safety vehicles and a Fiscal Year 2026-27 purchase order in an amount not to exceed $350,000.
INTRODUCTION
“Upfitting” is industry jargon for installing or equipping vehicles with emergency equipment.
Selection of upfitting vendors can be very difficult, as specialization, experience, and timeliness of job completion are critical factors in awarding this type of contract, which involves the installation of complex systems and components associated with Police and Fire emergency response. For these emergency response systems, 100 percent reliability is of utmost importance, and it is crucial to have vendor redundancy, to maximize component availability and minimize upfitting completion time.
DISCUSSION
In conjunction with vehicle procurement, Fleet Services staff customarily confers with the client departments to determine the types of emergency equipment needed for each new BEVERL
HILLS
--�
Meeting Date: September 1, 2026
vehicle before it is placed in service. In order to maximize the life expectancy for high-cost items, existing components that can be reused or transferred are removed from surplus vehicles and transferred to replacement vehicles. Components that can no longer be used and vehicle-specific equipment must be purchased and installed.
Fleet Services has the need to upfit Police and Public Works vehicles purchased in Fiscal Year 2025/26 and Police, Fire, and Public Works replacement vehicles to be purchased in Fiscal Year 2026/27. 10-33 Industries has a wide local presence, has a well-known industry name, and is located in close proximity to the City of Beverly Hills. 10-33 Industries has worked successfully with a number of other public agencies in California, including Los Angeles County Sheriffs, Santa Barbara County Sheriffs, and the cities of Brea, Colton, La Habra, Murrietta, Palos Verdes Estates, Torrance, and, most recently, Hermosa Beach. 10-33 Industries has previously performed upfitting for Beverly Hills City vehicles purchased through the City’s vehicle dealer, National Auto Fleet. Through a series of onsite meetings, 10-33 Industries familiarized itself with the City emergency vehicle-specific set-up requirements and the components used in the upfitting of those vehicles. 10-33 Industries has been extremely reliable and responsive through prior upfitting installations, and their experience in emergency vehicle upfitting, self-contained production facility, and close proximity location provides the City with the best fit for this service.
After careful evaluation of various purchasing options and pricing, staff recommends using the alternative purchasing procedure in Beverly Hills Municipal Code Section 3-3-205 and relying on the Hermosa Beach Request for Qualifications (RFQ) 25-007 (Attachment 2), which gives the City the best scope of services and pricing opportunities. Hermosa Beach RFQ 25-007 was a competitive formal bid process, which mirrors the City’s procurement process if it had conducted its own bidding process. 10-33 Industries will extend the same pricing that is stipulated in its Hermosa Beach contract (Attachment 3), which commenced on April 29, 2026, to the City of Beverly Hills with minor modifications to the vehicle specifications as noted in the Agreement (Attachment 1). The new agreement between the City of Beverly Hills and 10-33 Industries would commence September 1, 2026.
FISCAL IMPACT
Funding for this purchase is included in the Fiscal Year 2026/27 City Council-approved Department vehicle replacement budget.
Program # / Description of Fund Source Amount
49008501-850000-08502 / Vehicle Replacement $350,000
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
1 B0785-0001\3289807v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
10-33 INDUSTRIES LTD LIABILITY CO DBA 10-33 INDUSTRIES
FOR UPFITTING OF VARIOUS TYPES OF PUBLIC SAFETY
VEHICLES
NAME OF CONTRACTOR: 10-33 Industries Ltd Liability Co dba 10-33 Industries
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Michael Sweeney, Chief Executive Officer CONTRACTOR’S ADDRESS: 4025 Spencer Street #101
Torrance, CA 90503
Attention: Michael Sweeney, Chief
Executive Officer
CONTRACTOR’S E.I.N/TAX I.D. NO.: 99-1554632
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: September 1, 2026
TERMINATION DATE: June 30, 2027, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Not to exceed $1,750,000.00 at the rates set forth in Exhibit B
Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F 2 B0785-0001\3289807v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
10-33 INDUSTRIES LTD LIABILITY CO DBA 10-33 INDUSTRIES
FOR UPFITTING OF VARIOUS TYPES OF PUBLIC SAFETY
VEHICLES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and 10-33 Industries Ltd Liability Co dba 10-33 Industries (hereinafter called “CONTRACTOR”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.
NOW, THEREFORE, the parties agree as follows:
Section 1. CONTRACTOR’s Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above.
The City Manager or their designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.
Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F 3 B0785-0001\3289807v2.doc
(b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).
There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of the City Manager. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or their designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.
Section 11. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F 4 B0785-0001\3289807v2.doc
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the ACORD form showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured.
(f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.
Section 12. Indemnification.
Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F 5 B0785-0001\3289807v2.doc
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR under this section shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.
CONTRACTOR shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONTRACTOR. In the performance of this Agreement, CONTRACTOR assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F 6 B0785-0001\3289807v2.doc
orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any discrepancy between the express or implied subject matters of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F 7 B0785-0001\3289807v2.doc
CITY OF BEVERLY HILLS
A Municipal Corporation
_________________________________
CRAIG A. CORMAN
Mayor of the City of Beverly Hills
ATTEST:
__________________________(SEAL)
HUMA AHMED
City Clerk
CONTRACTOR: 10-33 Industries Ltd Liability Co
dba 10-33 Industries
MICHAEL SWEENEY
Chief Executive Officer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER RYAN GOHLICH
City Attorney City Manager
SHANA E. EPSTEIN
Director of Public Works
MICHAEL V. HENSLEY
Deputy Director of Public Works – Operations
SHARON L’HEUREUX DRESSEL
Risk Manager
ANTHONY RODSTEIN
Purchasing Services Manager
Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F 8 B0785-0001\3289807v2.doc
EXHIBIT A
SCOPE OF WORK
Under the direction of the Fleet Manager or designee, CONTRACTOR shall perform upfitting service on CITY’s public safety and other CITY-designated vehicles as more particularly described in this Exhibit A.
CITY shall notify CONTRACTOR in writing if CITY requires upfitting services on an as-needed basis. Upon CITY’s request, each engagement for services may be billed on a time basis, at the rates set forth in Exhibit B.
Alternatively, upon CITY’s request for additional services, each engagement for service will be set forth in writing in an executed Individual Project Order (IPO) to be approved by the CITY in writing before any work, billing, or demand for payment will be initiated. Each IPO shall contain an estimated cost for the services along with Not-to Exceed amount which shall include all labor and expenses. If the scope of work changes or the cost of the engagement will exceed the Notto Exceed amount, then the CONTRACTOR shall obtain written permission or an amendment to the IPO from the Director of Public Works or designee, in advance of expenditure of any additional money.
I. GENERAL REQUIREMENTS
a) The work shall be carried out in accordance with all applicable codes, regulations, and guidelines pertaining to vehicle safety and proper operation of the vehicle including, but not limited to, Federal Motor Vehicle Safety Standard (FMVSS), Federal Consumer Product Safety Commission Regulation, California Code of Regulations Title 13 California Highway Patrol, and Occupational Safety and Health Administration (OSHA). b) All vehicles shall be picked up and delivered to the Fleet Services Center facility located at 9355 W. Third Street, Beverly Hills, CA 90210. CONTRACTOR shall coordinate the upfitting schedule with CITY’s Fleet Manager, or designee, and by email at [email protected].
c) Upfitting specifications for each type of vehicle will be determined through consultation between CITY and CONTRACTOR and shall be set forth in writing. d) Inspections of vehicles, if needed, shall be scheduled by appointment through the CITY’s Fleet Manager, or designee, and by email at [email protected]. e) All systems, components, parts, and materials provided by CONTRACTOR shall be new and unused, with full manufacturers’ warranties, as applicable.
I. WARRANTIES
Labor Lifetime of vehicle*
Parts Per Manufacturer’s Warranty 12-24 Months
Other manufacturer warranties Cover Under Manufacturer 12-60 Months Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F 9 B0785-0001\3289807v2.doc
II. *Once the vehicle is sold and no longer owned by CITY, CITY removes all the auxiliary equipment.
a) Should any of the upfitted vehicle(s) require any warranty work after delivery, CONTRACTOR shall provide warranty repairs and parts replacement, product support, and service with certified Law Enforcement Emergency Vehicle Technicians. b) In consideration of efficiency and expedience, CITY authorizes CONTRACTOR to conduct warranty repairs at a location designated by CITY’s Fleet Manager, or designee, preferably in CITY’s Fleet Services Center facility.
c) If warranty repairs need to be provided off-site, CONTRACTOR shall be responsible for transporting vehicle back to CONTRACTOR’s location and returning the vehicle to CITY’s Fleet Services Center after warranty repairs are complete.
III. SERVICE REQUIREMENTS
The Scope of Work includes, but is not limited to, the following services:
Upfitting of CITY vehicles with necessary equipment as required, that may be assigned to the Police Department (PD), Fire Department (FD) and all other CITY departments. Vehicles shall include patrol vehicles, administrative vehicles, parking enforcement/traffic control vehicles, undercover/detective vehicles, utility vehicles, Public Works vehicles, and other designated CITY vehicles. In most cases, CONTRACTOR would be responsible for purchasing and installing equipment; some equipment may be furnished by CITY.
Sample upfitting for various CITY vehicles is provided below. (This list is not inclusive of all needs.) All equipment specifications are to be reviewed and approved by CITY prior to CITY’s authorization.
Patrol
Exterior
o Rooftop lightbars
o Lighted pushbars
o 360-degree emergency lighting on the body of the vehicle o Spotlights
o Airhorn/siren
o Rumbler
o Public Address (P.A.) System
Interior
o Vehicle-specific center consoles
o Mobile computer mounts
o Mobile computers (power supply installation)
o Modems and roofstop antennas
o Handcuff style rifle and shotgun mounts
Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F 10 B0785-0001\3289807v2.doc
o Radios (e.g., Motorola APX 8500s with 05 and 03 radio heads) with rooftop antennas
o Inmate transportation system (single and full cage)
o Rear of vehicles have metal storage units for emergency equipment o Camera systems
o Gun mounts
Canine (K-9)
Same as a patrol vehicle build but with a K-9 transport cage that has additional air conditioning controls and remote-activated door openers.
Administration/Undercover/Detective
Undercover emergency lights
Airhorn/siren
Rifle/Pistol safe
Radios with remote head configuration and undercover antennas Parking Enforcement/Traffic Control (TCOs)
o Exterior
o Dual purpose rooftop (Amber/White as primary) and PD Red and Blue Emergency (secondary that switch over with control button) o Rooftop lightbars
o 360-degree emergency lighting on the body of the vehicle o External spotlights
o Airhorn/siren
o P.A. system
o Interior
o Vehicle-specific center consoles
o Mobile computer mounts
o Mobile computers (power supply installation)
o Modems and rooftop antennas
o Radios with rooftop antennas
Public Works
o Exterior
o Rooftop lightbars
o 360-degree emergency lighting on the body of the vehicle o External spotlights
o P.A. system
o Lift gate option
o Interior
o Electronic interior controls
o Radios with rooftop antennas
Community Services (Park Rangers)
Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F 11 B0785-0001\3289807v2.doc
o Exterior
o Rooftop lightbars
o Lift gate option
o In bed toolbox
o Interior
o Radios with rooftop antennas
Other Tasks
CONTRACTOR shall provide any of the following tasks including, but not limited to:
o Servicing and troubleshooting vehicles upfitted by other vendors. o Vehicle badging (e.g., CITY emblem, logo, vehicle identification numbers and tags, etc.).
o Providing all required pre-cabling radio and data antennas, computer/display control cables, and power cables to support the final installation of the radio and computer equipment by CITY. All cable lengths at the front center equipment console and rear electronics tray must allow for proper placement of components by CITY.
CONTRACTOR guarantees the work shall be performed in accordance with the Scope of Work specified herein and to CITY’s full satisfaction and in accordance with all relevant codes and regulations.
Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F 12 B0785-0001\3289807v2.doc
EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
II. COMPENSATION/RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in Exhibit A in an amount not to exceed One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) at the rates set forth in this Exhibit. The total fee under this Agreement shall include labor, materials, supplies, equipment, and all related expenses, and taxes.
Upon CITY’s written request, CONTRACTOR shall submit an estimate of the service to be performed in accordance with the process set forth in Exhibit A at the following rates:
On-Site Labor Charge:
$175.00 per hour* Minimum 2-hour charge=$350.00
Off-Site Labor Charge:
$175.00 per hour* Minimum 1-hour charge=$175.00
*Rates will remain the same for the duration of the Agreement.
Alternately, any additional, unforeseen, and unanticipated work shall not be undertaken without the express direction by the CITY in writing. The payment terms shall be set forth in an Individual Project Order (IPO). The payment terms (either lump sum or time and materials basis) shall be set forth in the IPO and agreed to by both parties in writing.
III. INVOICING
CONTRACTOR shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed on each vehicle pursuant to this Agreement. Each invoice shall itemize the services rendered, parts installed, and labor hours during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONTRACTOR said Consideration in accordance with the schedule of payment set forth in this Exhibit.
Docusign Envelope ID: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F Certificate Of Completion
Envelope Id: A3C5A927-EAFF-81A8-81B7-484EBFC7B65F Status: Sent Subject: Complete with Docusign: 10-33 Industries Ltd Liability Co- Upfitting of Various Types of Public...
Source Envelope:
Document Pages: 12 Signatures: 6 Envelope Originator:
Certificate Pages: 3 Initials: 0 Jazmin Rosas
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.177
Record Tracking
Status: Original
8/25/2026 9:33:12 AM
Holder: Jazmin Rosas
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Michael Sweeney
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.149.149.4
Sent: 8/25/2026 9:38:45 AM
Viewed: 8/25/2026 9:49:56 AM
Signed: 8/25/2026 9:50:18 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Deborah R. Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 2a04:4e41:2801:df9a::9901:2f9a
Signed using mobile
Sent: 8/25/2026 9:50:20 AM
Viewed: 8/25/2026 10:17:37 AM
Signed: 8/25/2026 10:17:55 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 8/25/2026 10:17:57 AM
Viewed: 8/25/2026 11:13:06 AM
Signed: 8/25/2026 11:13:11 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 8/25/2026 11:13:12 AM
Resent: 8/25/2026 12:09:03 PM
Viewed: 8/25/2026 12:13:28 PM
Signed: 8/25/2026 12:13:35 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
? docusign
Signer Events Signature Timestamp
Michael V. Hensley
[email protected]
Deputy Director of Public Works-Operations
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.177
Sent: 8/25/2026 12:13:37 PM
Viewed: 8/25/2026 12:14:47 PM
Signed: 8/25/2026 12:15:31 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Shana E. Epstein
[email protected]
Director of Public Works
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.177
Sent: 8/25/2026 12:15:33 PM
Resent: 8/25/2026 2:05:34 PM
Resent: 8/25/2026 2:45:03 PM
Resent: 8/25/2026 3:05:17 PM
Viewed: 8/25/2026 5:18:14 PM
Signed: 8/25/2026 5:18:41 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Sent: 8/25/2026 5:18:43 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Ryan Gohlich
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Craig A. Corman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Carbon Copy Events Status Timestamp
Keith Sterling
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Jackie Galeas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/25/2026 9:38:45 AM
Payment Events Status Timestamps
Attachment 2
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885
CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE
ON-CALL VEHICLE OUTFITTING SERVICES
BETWEEN THE CITY OF HERMOSA BEACH AND 10-33 INDUSTRIES
This AGREEMENT is entered into this 29th day of April, 2026, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and 10-33 INDUSTRIES, a limited liability company (“CONSULTANT”).
R E C I T A L S
A. The City desires to obtain Vehicle Outfitting Services on an on-call basis with 10-33 Industries.
B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work.
C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:
SCOPE OF SERVICES. CONSULTANT shall provide CITY with the services more particularly described in the General Scope of Services, Exhibit A. No services shall be performed unless authorized by a fully executed Task Order Notice to Proceed, for an individual Task Order assignment, issues by the CITY or its designee, in the form attached hereto as Exhibit B. CONSULTANT shall commence performance upon receipt of a Task Order from CITY to proceed and perform its services in a prompt and timely manner and within any schedule set forth in the Task Order assignment. Each Task Order shall be priced consistent with the specifications of Exhibit C.
CONSIDERATION AND COMPENSATION. CITY shall pay for such services in accordance with the terms of the applicable Task Order.
In no event shall the total amount paid for services rendered by CONSULTANT under this Agreement exceed the sum of $1,000,000. Periodic payments shall be made Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 1 2
City of Hermosa Beach
65270.00021\44269747.2
within 45 days of receipt of an invoice which includes a detailed description of the work performed. Payments to CONSULTANT for work performed will be made on a monthly billing basis.
PAYMENTS. Periodic payments shall be made within 45 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
TIME OF PERFORMANCE. The services of CONSULTANT shall commence upon receipt of a written notice to proceed from the CITY for each individual Task Order issued under this Agreement. The term for each such Task Order shall be as specified therein, and CONSULTANT shall perform the services described in the Task Order in accordance with the schedule set forth in the applicable scope of work. The overall term of this Agreement shall remain in effect for so long as any Task Order remains in effect, unless otherwise terminated in accordance with this Agreement or extended in writing by the CITY.
FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Nick Brophy. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.
TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on April 29, 2031, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.
CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
PERMITS AND LICENSES. CONSULTANT will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 3 4
5 6
7 8
9 10
-------
-
City of Hermosa Beach
65270.00021\44269747.2
TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
In the event of such termination, the CONSULTANT shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
INDEMNIFICATION. To the extent permitted by law, CONSULTANT shall indemnify, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT. CONSULTANT shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT’s negligence, recklessness or willful misconduct. CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation to the extent such fees, costs and all other costs are determined by the court of competent jurisdiction to have been caused by the actual negligence, recklessness or willful misconduct of the Consultant. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
A. Pollution Indemnification. CONSULTANT must defend with counsel reasonably acceptable to the City, indemnify, protect, and hold harmless the City, its officers, officials, employees, and volunteers (hereinafter “Indemnities”) from and against all claims and damages (including but not limited to special, consequential, natural resources, and punitive damages), injuries, costs, 9including without limitation all response, remediation, and removal costs), losses, demands, claims, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, attorney’s fees for the adverse party, and expenses (including without limitation attorneys’ Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 11 ---
12 -
City of Hermosa Beach
65270.00021\44269747.2
and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity), (collectively, “Damages”) of any kind whatsoever paid, incurred or suffered by, or asserted against, the Indemnities arising from or attributable to the acts or omissions of CONSULTANT, its officers, directors, employees, subsidiaries, or agents, whether or not negligent or otherwise culpable, in connection with or related to the performance of this Agreement, including without limit Damages arising from or attributable to any repair, cleanup, or detoxification, or preparation and implementation of any removal, remedial response, closure, or other plan( regardless of whether undertaken due to governmental action) concerning any Pollutant., Contaminant, Hazardous Substance, Hazardous Waste, Household Hazardous Waste, Solid Waste, or other waste that the CONSULTANT has generated, collected, stored, transported, or disposed, arising out of or in connection with the CONSULTANT’S performance of work. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and liability Act (“CERCLA”), 42 U.S.C. § 9607(e); Resource Conservation and Recovery Act (“RCCA”), 42 U.S.C. §§ 6901 et seq.; and California Health and Safety Code Section 25364, to defend, protect, hold harmless, and indemnify the Indemnitees from liability. This provision is in addition to all other provisions in the Agreement and will survive the end of the term of this Agreement. The liability of the CONSULTANT is not limited to the limits of the polices of insurance provided.
ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
INDEPENDENT CONSULTANT. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 13 -----
14 ---------
15 -------
-
City of Hermosa Beach
65270.00021\44269747.2
CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.
INSURANCE REQUIREMENTS.
A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONSULTANT for City.
2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount of not less than two million dollars ($2,000,000) per occurrence, $4,000,000 general aggregate for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, non-owned, or rented vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each accident.
4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance, if applicable, for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or sub-consultants.
The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined singlelimit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 16 --------
17 ---------
-
City of Hermosa Beach
65270.00021\44269747.2
(3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
5. Cyber Security and Privacy Liability. The CONSULTANT shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
1. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc.
2. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks.
3. Liability arising from introducing a computer virus or otherwise causing damage to vendor (first-party) or customer’s (third-party) computer, computer system, network, or similarly related property and the data, software and programs.
4. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement.
5. Costs associated with restoring, updating, or replacing data.
6. Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals.
If coverage is maintained on a claims-made basis, consultant shall maintain such coverage for an additional three (3) years following termination of the contract.
6. Pollution Liability Insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 -
City of Hermosa Beach
65270.00021\44269747.2
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.
C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this agreement.
CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 -
City of Hermosa Beach
65270.00021\44269747.2
condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.
USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. CONSULTANT agrees to ensure that its subconsultants, subcontractors, or sub-subcontractors will provide insurance coverage at the minimum limits identified in this Agreement and will provide all endorsements that are required by the CONSULTANT.
FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.
CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 18 ---------
19 ------------------
2O
21 ----------
-
City of Hermosa Beach
65270.00021\44269747.2
NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Landon Phillips
10-33 Industries
4025 Spencer St., Suite 101
Torrance, CA 90503
ATTN: Michael Sweeney
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, 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 CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 22 ---
-
City of Hermosa Beach
65270.00021\44269747.2
F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 23 -------------------
24 -----
25 ------
26 ------
27 ---------
28 ---------
-
City of Hermosa Beach
65270.00021\44269747.2
USE OF LOGO. The CITY grants the CONSULTANT permission to use its name, logo and/or trademark in deliverables produced by the CONSULTANT on the behalf of the CITY, such as written reports, presentation slides, press releases, social media graphics, and other public outreach materials. The CITY’s prior review of artwork and written approval is required for any use of CITY logo. CITY will provide an electronic copy of the most current logo to the CONSULTANT for use in materials. The CONSULTANT will, in turn, only use the most current logo of the CITY.
DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 29 30
City of Hermosa Beach
65270.00021\44269747.2
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF HERMOSA BEACH 10-33 INDUSTRIES
Steve Napolitano, City Manager By: MICHAEL SWEENEY, CEO ATTEST:
99-1554632
Martha Alvarez, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Jason Baltimore, Interim City Attorney
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 I.Signed by: 'e .
G
Signedby:
luluud Swuuuu
EAA023E888E949
City of Hermosa Beach
65270.00021\44269747.2
EXHIBIT A
GENERAL SCOPE OF WORK
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 -
City of Hermosa Beach
65270.00021\44269747.2
General Scope of Work
The scope of work includes, but is not limited to, the following services:
• Outfitting of City vehicles with necessary equipment in the Police Department and all other City vehicles as required. Vehicles to include but are not limited to patrol vehicles, administrative vehicles, parking enforcement vehicles, animal control vehicles, undercover/detective vehicles, utility vehicles, public works vehicles, and other city vehicles. In most cases, vendor would be responsible for purchasing and installing equipment; some equipment may be furnished by the City.
Sample outfitting for various City vehicles (This list is not inclusive of all needs. All equipment specifications to be selected by the City prior to issuance of notice to proceed on a task order):
Patrol
• Exterior
o Rooftop lightbars
o Lighted pushbars
o 360 degree emergency lighting on the body of the vehicle o Spotlights
o Airhorn/Siren
o Rumbler
o P.A. System
• Interior
o Vehicle specific center consoles
o Mobile Computer mounts
o Mobile Computers (power supply installation)
o Modems and roofstop antennas
o Handcuff style rifle and shotgun mounts
o Radios (e.g., Motorola APX 8500’s with 05 and 03 radio heads) with rooftop antennas
o Inmate transportation system (single and full cage)
o Rear of vehicles have metal storage units for emergency equipment o Camera systems
o Gun mounts
Canine (K-9)
• Same as a patrol vehicle build but with a K-9 transport cage that has additional air conditioning controls and remote activated door openers.
Administration/Undercover/Detective
• Undercover emergency lights
• Airhorn/Siren
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 -
City of Hermosa Beach
65270.00021\44269747.2
• Rifle/Pistol safe
Parking Enforcement
• Exterior
o Dual purpose rooftop (Amber/White as primary) and PD Red and Blue Emergency (secondary that switch over with control button) o Rooftop lightbars
o 360 degree emergency lighting on the body of the vehicle o External spotlights
o Airhorn/siren
o P.A. system
• Interior
o Vehicle specific center consoles
o Mobile computer mounts
o Mobile computers (power supply installation)
o Modems and rooftop antennas
o Radios with rooftop antennas
Public Works Vehicles
• Exterior
o Rooftop lightbars
o 360 degree emergency lighting on the body of the vehicle o External spotlights
o P.A. system
• Interior
o Electronic interior controls
• Servicing and troubleshooting vehicles outfitted by other vendors. • Vehicle badging (e.g., City emblem, logo, vehicle identification numbers and tags; etc.);
• All systems, components, parts, and materials provided by the vendor shall be new and unused, with full manufacturers’ warranties, as applicable. • IT support for mobile computers, equipment, programming, and installation. • Provide all required pre-cabling radio antennas, control cables and power cables to support the final installation of the radio equipment by the City. All cable lengths at the front center equipment console and rear electronics must allow for proper placement of components by the City.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 -
City of Hermosa Beach
65270.00021\44269747.2
• The successful vendor shall provide all required pre-cabling of data antennas, computer / display control cables and power cables to support the final installation of the computer equipment by the City. The specifications listed below are minimum requirements and are subject to approval by Police, Information Technology and Fleet representatives before the construction and delivery of the vehicle. All cable lengths at the front center equipment console and the rear electronics tray must be sufficient to allow proper placement of components by the City.
• All Warranty repair services should be available by the warranty repair center responsible for purchased hardware identified in this specification or in any future task orders.
• This local area service provider shall be capable of providing warranty repairs and parts replacement, product support and service with certified Law Enforcement Emergency Vehicle Technicians.
• Other associated services as required.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 -
City of Hermosa Beach
65270.00021\44269747.2
EXHIBIT B
Sample Task Order Form
TASK ORDER NOTICE TO PROCEED
Dear [CONSULTANT], Date: [DATE]
Task Order #: [NO.]
Company Name: [CONSULTANT]
Service Type: [TYPE OF SERVICE]
Task Cost: $[COST]
Method(s) of
Payment (may be
more than one):
☐Lump Sum: [AMOUNT]
☐Time and Material: [AMOUNT]
Total: [AMOUNT]
Project Title: [PROJECT TITLE]
On-Call Contract #: PW-PSA [CONTRACT NO.]
Purchase Order #: [PO #]
Estimated Task Start
Date: [START_DATE] Estimated Task End Date: [END_DATE]
Scope of Work: [INSERT S.O.W.]
This letter shall serve as Notice to Proceed (“NTP”) based on the attached proposal, dated [PROPOSAL DATE].
You are authorized to proceed with performing the task order in accordance with the project documents in the City’s solicitation, your proposal, and subsequent amendments.
The total authorization for PW-[CONTRACT NO.] to date is $[TOTAL AUTHORIZATION AMOUNT] tabulated below:
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 -
City of Hermosa Beach
65270.00021\44269747.2
Task
Order
#
PO # NTP Date Description Status Payme
nt
Type
Amount Balance
Original Authorized Contract Amount per Agreement dated [DATE OF AGREEMENT] [CONTRACT AMOUNT]
1 [PO#] [DATE] [DESC.] [STATUS
]
[AMOUNT] [CONTRACT
BALANCE]
2 [PO#] [DATE] [DESC.] [STATUS
]
[AMOUNT] [CONTRACT
BALANCE]
Total Amount Authorized Under PW-[CONTRACT NO.] [TOTAL
AUTHORIZ
ATION
AMOUNT]
You are not authorized to exceed this amount unless additional authorization is received from the City.
Please send all invoices to:
[CONTRACT MANAGER NAME], Contract Manager at [CONTRACT MANAGER EMAIL] [PROJECT MANAGER NAME], Project Manager at [PROJECT MANAGER EMAIL] Accounts Payable at [email protected]
All charges must be assigned to a Contract Number, a Task Order Number, and a Purchase Order number.
[CONSULTANT NAME]’s substantial failure to comply with the provisions of this Task Order, including deadlines (if any) set forth above, shall constitute a default. In the event [CONSULTANT NAME] is in default, City shall provide written notice to setting forth the nature of the default and providing [CONSULTANT NAME] a period of fifteen (15) days from [CONSULTANT NAME] receipt of City's notice to cure the default. In the event such default is not cured within the time required herein, the City may terminate this Task Order. The City shall have no obligation or duty to compensate [CONSULTANT NAME] for any work performed after the date of termination.
However, notwithstanding the foregoing, the schedule and deadlines in this Task Order may be equitably adjusted as the project progresses upon written agreement of both City and [CONSULTANT NAME] or if a delay in [CONSULTANT NAME]’s performance of its services is due to circumstances beyond [CONSULTANT NAME]’s reasonable control. [CONSULTANT NAME] shall perform its services consistent with the professional skill and care ordinarily provided by professionals providing similar services under similar circumstances. [CONSULTANT NAME]. shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 -
City of Hermosa Beach
65270.00021\44269747.2
Should you have any questions, please contact me at [CONTRACT MANAGER’S TELEPHONE NUMBER] or via email at [CONTRACT MANAGER’S EMAIL]
Sincerely,
[CONTRACT MANAGER’S NAME]
[CONTRACT MANAGER’S TITLE]
Attachment:
[PROPOSAL]
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 -
RFQ 25-005 City of Hermosa Beach
65270.00021\44269747.2
EXHIBIT C
TASK ORDER PRICING CRITERIA
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 10-33
INDUSTRIES
Rate Schedule
On-Site Labor Charge:
• $175.00 an hour (minimum 2-hour charge = $350.00).
Off-Site Labor Charge:
• $175.00 an hour (minimum I-hour charge = $175.00).
Rates will remain the same for the duration of the contract RFQ 25-007 City of Hermosa Beach
65270.00021\44269747.2
6.2 Required Forms
6.2.1 Certification of Qualifications
RFQ #: _________
The undersigned hereby submits its statement of qualifications and agrees to be bound by the terms and conditions of this Request for Qualifications (RFQ).
1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this statement of qualifications or any work connected with this statement of qualifications. Should any agreement be approved in connection with this Request for Qualifications, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFQ.
3. Proposer has carefully reviewed its statement of qualifications and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4. It is understood and agreed that the City reserves the right to accept or reject any or all statement of qualifications and to waive any informality or irregularity in any statement of qualifications received by the City.
5. The statement of qualifications response includes all of the commentary, figures and data required by the Request for Qualifications.
6. The statement of qualifications shall be valid for 90 days from the date of submittal.
7. Proposer acknowledges that the City may issue addendums related to this RFQ and that the proposer has reviewed the following addendums which have been issued:
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their statement of qualifications.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 RFQ 25-007 City of Hermosa Beach
65270.00021\44269747.2
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
ocusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 RFQ 25-007 City of Hermosa Beach
65270.00021\44269747.2
6.2.2 Non-Collusion Affidavit
RFQ #: _________
The undersigned declares states and certifies that:
1. This statement of qualifications is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.
2. This statement of qualifications is genuine and not collusive or sham.
3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham statement of qualifications and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham statement of qualifications or to refrain from submitting to this RFQ.
4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the rate schedule price or to fix any overhead, profit or cost element of the rate schedule price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract.
5. All statements contained in the statement of qualifications and related documents are true.
6. I have not directly or indirectly submitted the rate schedule price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFQ depository, or to any member or agent thereof, to effectuate a collusive or sham statement of qualifications.
7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this statement of qualifications .
8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 RFQ 25-007 City of Hermosa Beach
65270.00021\44269747.2
6.2.3 Compliance with Insurance Requirements
RFQ #: _________
The selected consultant will be expected to comply with the City s insurance requirements contained within this RFQ.
The undersigned declares states and certifies that:
1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Qualifications.
2. If selected, proposer agrees to accept all conditions and requirements as contained therein.
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 RFQ 25-007 City of Hermosa Beach
65270.00021\44269747.2
6.2.4 Acknowledgement of Professional Services Agreement RFQ #: _________
The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement.
1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.
2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
$AGGREGATE
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
4/21/2026
The Baldwin Group West LLC
15901 Red Hill Ave, Ste 100
Tustin CA 92780
Penny Ynfante 424-426-1276 [email protected] License#: CA#0658748 Scottsdale Insurance Company 41297 10-3IND-01 Fortegra Specialty Insurance C 16823 10-33 Industries Ltd. Liability Co.
4024 Spencer Street, #101
Torrance CA 90503
Great American Risk Solutions 35351 At-Bay Specialty Insurance Com 19607 Gemini Insurance Company 10833 Palomar Excess & Surplus Insur 16754 945431533 A X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X
Y Y BCS2002997 8/20/2025 8/20/2026
2,000,000
B 1,000,000 X X
TBD 4/21/2026 4/21/2027
C
X 2,000,000 X
TBD 4/21/2026 08/20/2026
2,000,000
D
E
F
Cyber Liability
Professional Liability
Pollution Liability
TBD
TBD
TBD
4/21/2026
4/21/2026
4/21/2026
4/21/2027
4/21/2027
4/21/2027
Aggregate
Ea claim/aggregate
Occurrence/Aggregate
2,000,000
1000000/1000000
1000000/1000000
City of Hermosa Beach is included as an Additional Insured with respect to Commercial General Liability, per form CG 20 10 12-19, includes Waiver of subrogation per form CG 24 04 12-19 and includes Primary and Non-Contributory wording per form CG 20 01 12 19, if required by written contract and subject to terms, conditions, and exclusions of the policy. City of Hermosa Beach Police Department
1315 Valley Drive
Hermosa Beach CA 90254
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169
ACORD I
I
f--
□ □
f--
f--
Fl □ □
f--
f-- �
f-- f--
f-- f--
f-- H
I I
I I I
□
I 4A-e
POLICY NUMBER:BCS2002997 COMMERCIAL GENERAL LIABILITY
CG 20 10 12-19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 12-19 © Insurance Services Office Inc. 2018 Page 1 of 1
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
Any person or organization when required
by written contract or agreement, executed
prior to the occurrence to which this
insurance applies, that such person or
organization be added as an additional
insured on your policy
All Locations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
Insurance;
whichever is less.
This endorsement shall not increase the applicable
limits of Insurance.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 &200(5&,$/ *(1(5$/ /,$%,/,7<
&*
7+,6 (1'256(0(17 &+$1*(6 7+( 32/,&< 3/($6( 5($' ,7 &$5()8//< &*
,QVXUDQFH 6HUYLFHV 2IILFH, ,QF., 201 3DJH RI
35,0$5< $1' 121&2175,%8725< ±
27+(5 ,1685$1&( &21',7,21
7KLV HQGRUVHPHQW PRGLILHV LQVXUDQFH SURYLGHG XQGHU WKH IROORZLQJ
&200(5&,$/ *(1(5$/ /,$%,/,7< &29(5$*( 3$57
/,4825 /,$%,/,7< &29(5$*( 3$57
352'8&76/&203/(7(' 23(5$7,216 /,$%,/,7< &29(5$*( 3$57
7KH IROORZLQJ LV DGGHG WR WKH 2WKHU ,QVXUDQFH
&RQGLWLRQ DQG VXSHUVHGHV DQ\ SURYLVLRQ WR WKH
FRQWUDU\
3ULPDU\ $QG 1RQFRQWULEXWRU\ ,QVXUDQFH
7KLV LQVXUDQFH LV SULPDU\ WR DQG ZLOO QRW VHHN
FRQWULEXWLRQ IURP DQ\ RWKHU LQVXUDQFH DYDLODEOH WR
DQ DGGLWLRQDO LQVXUHG XQGHU \RXU SROLF\ SURYLGHG
WKDW
() 7KH DGGLWLRQDO LQVXUHG LV D 1DPHG ,QVXUHG
XQGHU VXFK RWKHU LQVXUDQFH
DQG
() <RX KDYH DJUHHG LQ ZULWLQJ LQ D FRQWUDFW RU
DJUHHPHQW WKDW WKLV LQVXUDQFH ZRXOG EH
SULPDU\ DQG ZRXOG QRW VHHN FRQWULEXWLRQ
IURP DQ\ RWKHU LQVXUDQFH DYDLODEOH WR WKH
DGGLWLRQDO LQVXUHG.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169 POLICY NUMBER:BCS2002997 COMMERCIAL GENERAL LIABILITY
CG 24 04 12-19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 24 04 12-19 © Insurance Services Office Inc. 2018 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION FOR WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF
RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
04/21/2026
Automatic Data Processing Insurance Agency, Inc.
1 Adp Boulevard
Roseland NJ 07068
Automatic Data Processing Insurance Agency, Inc.
1-800-524-7024
10-33 INDUSTRIES LTD. LIABILITY CO.
1617 S Pacific Coast Hwy
Redondo Beach CA 90277
The Pie Insurance Company 21857
4997374
A Y N WCPI2952343000 09/03/2025 09/03/2026
1,000,000
1,000,000
1,000,000
Hermosa Beach
1315 Valley Drive
Hermosa Beach CA 90254
Docusign Envelope ID: 14D1D46F-DE20-8259-823C-05A3BB1A2169
ACORD I
I
I □
-
-
� □ □
-
- -
- -
- -
- H
I I
XI I I
□
I
Attachment 3
To Whom It May Concern,
Please let this letter serve as written permission for the City of Beverly Hills to utilize 10-33 Industries Ltd.'s contract with Hermosa Beach. We at 10-33 Industries Ltd. are in full support of the City of Beverly Hills using this contract as a cooperative agreement. Please let me know if you or anyone else in the city has any further questions.
Sincerely,
Michael Sweeney
CEO of 10-33 Industries Ltd.
06/19/2026