City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Closed Session - 6:00 p.m.
Study Session - 6:15 p.m.
General Session - 7:00 p.m.
Tuesday, April 7, 2026, 7:00 PM
COUNCIL CHAMBERS
1 Civic Center Circle
Brea, California 92821
Cecilia Hupp, Mayor Marty Simonoff, Mayor Pro Tem Christine Marick, Council Member Blair Stewart, Council Member Steven Vargas, Council Member This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection.
Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.gov. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.
Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State law generally prohibits the City Council from responding to or acting upon matters not listed on this agenda.
The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. Please silence all cell phones and other electronic equipment while the Council is in session. Thank you.
Written comments may be submitted in advance of the meeting by emailing [email protected].
Written comments received by 3 p.m. on the day of the meeting will be provided to the Council, will be made available to the public at the meeting, and will be included in the official record of the meeting.
Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II) Important Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.gov. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.
1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - TIME 6:00 P.M.
1.A. Call to Order/Roll Call
1.B. Public Comment
1.C. Conference with City's Labor Negotiator Pursuant to Government Code Section 54957.6 Regarding the Brea Management Association (BMA), Brea City Employees' Association (BCEA), Administrative and Professional Employees' Association (APEA), Brea Police Management Association (BPMA), Brea Fire Association (BFA) and the Brea Fire Management Association (BMFA).- Kristin Griffith, Negotiator, Laura Kalty, LCW Attorney and Alexander C. Volderding, LCW Attorney.
2. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - TIME 6:15 P.M.
2.A. Call to Order/Roll Call
2.B. Public Comment
2.C. Clarify Regular Meeting Topics
2.D. SB 707 Updates to the Brown Act
2.E. Review of Code of Ethics and Conduct for Elected and Appointed Officials
2.F. Continued Review of Existing General Municipal Tax in the City of Brea
2.G. Council Member Reports/Requests
2.H. Study Session Adjournment
3. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.
3.A. Call to Order/Roll Call
3.B. Pledge of Allegiance: Boy Scout Troop 707
3.C. Invocation: Pastor Doug Green, North Hills Church
3.D. Report - Prior Study Session
3.E. Community Announcements
3.F. Community Development/Public Works Update
3.G. Matters from the Audience
3.H. Response to Public Inquiries
4. ADMINISTRATIVE ITEM
This agenda category is for City Council consideration of a wide variety of topics related to the City's operations. Public comments regarding items in this section should be presented during "Matters from the Audience."
4.A. 2025 Crime Stats & Police Activity Overview
— 1. Receive and file.
5. CONSENT CALENDAR
The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience."
5.A. March 3, 2026 Regular City Council Meeting Minutes — 1. Approve.
5.B. As-Needed Auction Services for City Surplus Items
— 1. Approve Agreement with JJ Kane Associates, Inc. for As-Needed Auction Services for City Surplus Items for a three-year term with an optional two, one-year extensions; and — 2. Authorize the City Manager to approve and execute any extension(s). No appropriation is needed at this time and any revenue received will be programmed as part of the budget process.
5.C. OC Animal Care Service Contract
— 1. Approve the Master Agreement for Provision of OC Animal Care Services between the County of Orange and the City of Brea for the period of May 31, 2026, through May 30, 2031; and — 2. Authorize the City Manager, or designee, to execute the Master Agreement and all annual Notice of Intents. Funding for animal care services is already programmed in the adopted FY 2026-27 Operating Budget, and no additional appropriation is needed in the City’s General Fund at this time.
5.D. Adopt Resolution and approve New and Amended Job Descriptions and Salary Tables for Various Positions, Amend the Position Allocation List for FY 25/26, and Place the Classifications in the Appropriate Bargaining Units for Representation Purposes — 1. Approve Resolution No. 2026-14 adopting job descriptions and salary tables for the positions of Water Quality Specialist and Building Maintenance Crew Leader; — 2. Approve placing the classification in the Brea City Employees’ Association (BCEA) bargaining unit for representation purposes; and
— 3. Approve amending the City’s Position Allocation List to include these positions in the appropriate Department and/or Division. Ongoing operating costs for existing positions are already budgeted within the appropriate departmental operating budget for FY 2025-26.
5.E. Second Reading of Ordinance No. 1272 to Reestablish Parking Restrictions on Public Streets for Street Sweeping
— 1. Waive full of reading and adopt Ordinance No. 1272, "An Ordinance of the City Council of the City of Brea Amending the Brea City Code to Reestablish Parking Restrictions on Public Streets for Street Sweeping Purposes and Approving a CEQA Exemption Determination."
5.F. Approve an Agreement between the City of Brea and Brea Towing Services, LLC, to provide official police towing services
— 1. Approve an Agreement between the City of Brea and Brea Towing Services, LLC (Brea Towing) for the provision of official police towing and storage services; and — 2. Authorize the City Manager to execute the three-year agreement, with the option to approve up to two, one-year extensions. The Police Department has funding allocated for towing and storage services.
5.G. Approve annual renewal for the Police Departments CAD/RMS software — 1. Authorize the City’s Procurement & Contracts Administrator to provide a Purchase Order for the Police Departments Computer Aided Dispatch (CAD)/Records Management System (RMS) annual support/maintenance renewal. Funding for the renewal has already been appropriated in the current fiscal year’s budget.
5.H. Monthly Report of Investments for the City of Brea for Period Ended February 28, 2026 — 1. Receive and file.
5.I. February Outgoing Payment Log and City Disbursement Registers for February 27, March 6, March 13, March 20 and March 27, 2026
— 1. Receive and file.
6. CITY/SUCCESSOR AGENCY - CONSENT
6.A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended February 28, 2026
— 1. Receive and file.
6.B. Successor Agency Disbursement Register for March 13, 2026 — 1. Receive and file.
7. ADMINISTRATIVE ANNOUNCEMENTS
7.A. City Manager
7.B. City Attorney
7.C. Council Requests
8. COUNCIL ANNOUNCEMENTS
8.A. Council Announcements
9. ADJOURNMENT
9.A. Meeting Adjournment
Date Posted: April 2, 2026
CITYof BREA
City Council Regular Meeting
Communication
April 7, 2026
Item No. 4A.
2025 Crime Stats & Police Activity Overview
TO PREPARED BY
Honorable Mayor and City Council Members Tony Barbosa, Police Lieutenant
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Adam Hawley, Police Chief Kristin Griffith, City Manager
RECOMMENDATION
Receive and file.
BACKGROUND/DISCUSSION
Lieutenant Barbosa will present an overview of the 2025 Brea Police Department Statistics & Activity.
CITYof BREA
City Council Regular Meeting
Communication
April 7, 2026
Item No. 5A.
March 3, 2026 Regular City Council Meeting Minutes
TO PREPARED BY
Honorable Mayor and City Council Members Christina Dizol, Deputy City Clerk
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Kristin Griffith, City Manager Kristin Griffith, City Manager
RECOMMENDATION
BACKGROUND/DISCUSSION
COMMISSION/COMMITTEE RECOMMENDATION
FISCAL IMPACT/SUMMARY
Attachments
03-03-2026 - Draft Minutes.pdf
** The following document is a draft of the minutes and the not the official approved minutes **
Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
March 3, 2026
Roll Call: (The following members were in attendance)
Cecilia Hupp, Mayor
Marty Simonoff, Mayor Pro Tem
Christine Marick, Council Member
Blair Stewart, Council Member
Steven Vargas, Council Member
1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - TIME 5:30 P.M.
1.A. Call to Order/Roll Call
Mayor Hupp called the Closed Session to order at 5:30 p.m. All members were present.
1.B. Public Comment
None.
1.C. Conference with Labor Negotiator (California Government Code Section 54957.6). City Representative: City Manager Kristin Griffith. Unrepresented Employee: City Attorney Mayor Hupp adjourned the Closed Session at 6:44 p.m.
2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.
2.A. Call to Order/Roll Call
Mayor Hupp called the General Session to order at 7:02 p.m. All members were present.
2.B. Pledge of Allegiance: Brea Girl Scouts
Brea Girl Scouts led the Pledge of Allegiance.
2.C. Invocation: Pastor John Reeve, The Cause Church
Pastor John Reeve, The Cause Church, led the invocation.
2.D. Proclamation: National Girl Scout Week
The City Council presented Girl Scout Brea/Placentia Service Unit Member, Jill Patterson, and Girl Scouts of Orange County CEO, Vikki Shepp, with a proclamation in honor of National Girl Scout Week.
2.E. Community Announcements
Council Member Vargas encouraged residents to complete the Pickleball survey to help navigate interest in the Community. He indicated the survey can be completed on the City website.
Council Member Marick announced the Community Development Department and the Orange County and Inland Empire Small Business Development Center will be hosting a Small Business Clinic in Brea on Wednesday, March 25. She indicated the clinic will offer one-on-one consulting with business professions, and provide assistance with marketing, operations, and financial assessment needs. She also indicated appointments will be available on a first-come, first-serve basis for no fee.
Mayor Pro Tem Simonoff invited the community to attend the Coffee with a Cop event on Thursday, March 19 at Philz Coffee, located at the Brea Mall, from 10:30 to 11:30 a.m.
Council Member Stewart announced the Economic Development Division is now offering Business Connect Hours every Wednesday from 4:00 to 5: 00 p.m. at the Brea Civic & Cultural Center. He indicated business owners, property owners, and entrepreneurs can drop-in to receive a variety of resources.
Mayor Hupp encouraged residents to submit written comments on the City of Brea's Draft Focused General Plan Update, Brea Core Specific Plan Working Draft, and Draft Program Environmental Impact Report by Monday, March 30 at 5:00 p.m. She announced a Community Open House event will take place on Thursday, March 12 from 5:30 - 7:30 p.m. at the Civic & Cultural Center and will provide an opportunity to review the documents and provide comments in person. She indicated the documents and Draft Program Environmental Impact Report (PEIR) can be reviewed online at brea.generalplan.org.
2.F. Matters from the Audience
Jeff Pratt spoke about the rejection of an entertainment permit for the Shady Nook. He stated that 144 signatures had been collected in support of the re-establishment of Karaoke nights.
Wayne Jr. spoke in support of reinstating the Shady Nook's entertainment permit for Karaoke.
Guy Parrent spoke in support of reinstating the Shady Nook's entertainment permit for Karaoke.
Reuben Rahmeyer spoke in support of the Shady Nook and requested the City Council reconsider approving the entertainment permit for Karaoke.
Mark Strom spoke about the Economic Development Agreement with Dwight Manley and documents produced in response to a public records request.
2.G. Response to Public Inquiries
None.
3. ADMINISTRATIVE ITEMS
3.A. 2026 Emergency Operations Plan
Emergency Preparedness Coordinator Keyworth provided background information on the item and reviewed the plan details, proposed changes, new legislation requirements, and the City's Mass Care and Shelter Plan. She also provided an overview of Assembly Bill 478 and Assembly Bill 781, which pertain to pet rescue procedures and emergency shelters.
Council Member Vargas inquired about the definition of "pets", the agreement between El Rodeo Equestrian Center and the County of Orange, and the City's evacuation plan.
A motion was made by Council Member Vargas and seconded by Council Member Stewart to adopt Resolution No. 2026-012 rescinding the former Emergency Operations Plan adopted by Resolution No. 2020-016 and adopting the 2026 City of Brea Emergency Operations Plan; and found the proposed project exempt from the California Environmental Quality Act (CEQA) Guidelines. Motion passed 5-0-0-0 (Ayes: Hupp, Simonoff, Marick, Stewart, Vargas).
3.B. Ordinance to Reestablish Parking Restrictions on Public Streets for Street Sweeping Sergeant Brioso provided a presentation and shared background information on the item. He reviewed the Ordinance, proposed changes, exemption limits, resolution details, and staff recommendations.
The City Council discussed street sweeping citations, revenue sources, handicap parking exemptions, and the Clean Water Act.
In response to Council questions, Assistant City Manager/Community Development Director Killebrew spoke about handicap parking restrictions and exemptions.
Council Member Vargas inquired about the payment process for street sweeping tickets and the proposed citation amount.
Police Chief Hawley provided additional background information on the item and spoke about handicap street sweeping exemptions and the proposed fine amount.
A motion was made by Mayor Pro Tem Simonoff and seconded by Council Member Marick to introduce by title only and waive further reading of Ordinance No. 1272, "An Ordinance of the City Council of the City of Brea Amending the Brea City Code to Reestablish Parking Restrictions on Public Street Sweeping Purposes and Approving a CEQA Exemption Determination"; and adopt Resolution No. 2026-013 establishing regular days and streets upon which street sweeping will occur, and establishing a fine amount for violation of the Ordinance, all as required therein. Motion passed 5-0-0-0 (Ayes: Hupp, Simonoff, Marick, Stewart, Vargas).
4. CONSENT CALENDAR
A motion was made by Mayor Pro Tem Simonoff and seconded by Council Member Stewart to approve Consent Calendar items 4A - 4H. Motion passed 5-0-0-0 (Ayes: Hupp, Simonoff, Marick, Stewart, Vargas).
4.A. February 17, 2026 Regular City Council Meeting Minutes The City Council approved the February 17, 2026 Regular City Council Meeting Minutes as written.
4.B. General Plan Annual Progress Report 2025
The City Council received and filed the 2025 General Plan and Housing Element Annual Report; and directed staff to submit the Housing Element Annual Report to the California Department of Housing and Community Development (HCD) and the Governor's Office of Land Use and Climate Innovation (LCI).
4.C. Cooperative Agreement with City of Anaheim, Fullerton, & Orange for the State College Boulevard/The City Drive Regional Traffic Signal Synchronization Program Project, CIP No. 7721 The City Council approved a Cooperative Agreement with the Cities of Anaheim, Fullerton, and Orange for the State College Boulevard/The City Drive Regional Traffic Signal Synchronization Program (RTSSP) project; and authorized the City Manager to execute the Cooperative Agreement and any non-monetary contract amendments and ancillary documents subsequently required to implement the Cooperative Agreement.
4.D. Designate the City Manager signing authority for all Public Provider Ground Emergency Medical Transport (PP-GEMT) and Variable Rate Range Intergovernmental Transfer (VRR-IGT) Certifications and Agreements
The City Council authorized the City Manager to execute required certifications, agreements, and Intergovernmental Transfer (IGT) payments necessary for the City of Brea's participation in the Public Provider Ground Emergency Medical Transportation (PP-GEMT) and Voluntary Rate Range Intergovernmental Transfer (VRR-IGT) programs administered by the California Department of Health Care Services (DHCS); and amended the City's FY 2025-27 Operating Budget within the Paramedic Services Fund (174) for any reimbursement received and expenditures incurred for these programs.
4.E. Contingency Adjustment for the Integrated Crime Center (ICC) Citywide Camera Network, CIP 7719
The City Council increased the construction contingency by $200,000 and authorized the City Engineer to issue change orders within the approved contingency.
4.F. Waive Full Reading of and Adopt Ordinance No. 1267, "An Ordinance of the City Council of the City of Brea Granting a Pipeline Franchise to Crimson California Pipeline, L.P.," and Approve a CEQA Exemption Determination
The City Council waived full reading of and adopted Ordinance No. 1267 "An Ordinance of the City Council of the City of Brea Granting a Pipeline Franchise to Crimson California Pipeline, L.P.," by title only and approved a California Environmental Quality Act exemption determination; and appropriated any revenues received as part of this franchise in the Fiscal Year 2025-26 Operating Budget; and authorized the City Clerk to release the current faithful performance bond upon acceptance of the new faithful performance bond once notification is received from the Public Works Department.
4.G. Approval of a Professional Services Agreement between the City of Brea and GovPath The City Council approved a Professional Services Agreement between the City of Brea and GovPath for as-needed service and support for Accela in the amount not-to-exceed $51,800 with a 10 percent contingency; and authorized the City Manager or designee to execute and make non-substantive changes to the Professional Services Agreement; and authorized the City Manager to amend and extend the term of the Professional Services Agreement for one additional one-year term.
4.H. City Disbursement Registers for February 13 and February 20, 2026 The City Council received and filed the City Disbursement Registers for February 13 and February 20, 2026.
5. CITY/SUCCESSOR AGENCY - CONSENT
A motion was made by Council Member Simonoff and seconded by Council Member Vargas to approve the City Successor Agency Consent Item 5A. Motion passed 5-0-0-0 (Ayes: Hupp, Simonoff, Marick, Stewart, Vargas).
5.A. Successor Agency Disbursement Register for February 20, 2026 The City Council, as the Successor Agency, received and filed the February 20, 2026 Successor Agency Disbursement Register.
6. ADMINISTRATIVE ANNOUNCEMENTS
6.A. City Manager
Mayor Hupp congratulated City Manager Griffith on her recent engagement.
6.B. City Attorney
None.
6.C. Council Requests
None.
7. COUNCIL ANNOUNCEMENTS
7.A. Council Announcements
None.
8. ADJOURNMENT
8.A. Meeting Adjournment
Mayor Hupp adjourned the General Session at 8:01 p.m.
CITYof BREA
City Council Regular Meeting
Communication
April 7, 2026
Item No. 5B.
As-Needed Auction Services for City Surplus Items
TO PREPARED BY
Honorable Mayor and City Council Members Stephanie Garcia, Senior Buyer
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Monica Lo, Administrative Services Director Kristin Griffith, City Manager
RECOMMENDATION
1. Approve Agreement with JJ Kane Associates, Inc. for As-Needed Auction Services for City Surplus Items for a three-year term with an optional two, one-year extensions; and
2. Authorize the City Manager to approve and execute any extension(s).
BACKGROUND/DISCUSSION
The Purchasing Division currently posts surplus items on a third-party online auction site, Public Surplus. Public Surplus provides government agencies and other public institutions an opportunity to sell surplus property and equipment to the public. Any revenue received from the sale is recorded in the appropriate fund including the City’s General Fund (110). The City receives approximately 1,000 average views per auction with an average bid ranging between 10 and 25.
The Purchasing Division will continue to use Public Surplus for smaller surplus items, however, is recommending the City pursue a third-party as-needed auction service provider for larger surplus items. This will assist in capturing a larger audience while streamlining the surplus sale process.
In November 2025, the City issued a Request for Proposals (RFP) for as-needed auction services and received four proposals. The below table highlights the seller fees for larger surplus items including vehicle and heavy equipment items:
Vehicle and Heavy Equipment Seller Fees
JJ Kane Associates, Inc. 3%
General Auction Company 5%
Iron Planet Inc. 10%
Liquidity Services Operations LLC. 12%
*The seller fee will be deducted from the net proceeds.
Following a thorough evaluation process, which included interviews with the two highest-ranked vendors and a review of their service options, JJ Kane Associates, Inc. was identified as the lowest cost to the City and selected as the recommended vendor. In addition, they average approximately 96,000 viewers and 1,600 bidders per auction through their extensive marketing platform.
JJ Kane Associates Inc. has been in business for 63 years. They host online, public, vehicle and equipment auctions nationwide. They provide a secure, web-based Customer Portal that gives City staff 24/7 access to upcoming auctions, live bidding activity, past sales results, and detailed post-sale reports. Information can be viewed online to support internal tracking, audits, and public transparency.
JJ Kane Associate Inc. handles the entire auction process from start to finish. Their team works directly with City staff to simplify surplus disposal. Their standard services include managing transportation, storage, inspections, marketing, bidding, buyer communication, payment collection, and final reporting. Any SMOG certification needed is arranged by the vendor and paid for by the buyer, which currently is paid for by the City.
They own and operate their own trucks and trailers, allowing them to provide dependable and timely transportation without using third-party carriers. This gives them better scheduling control and reduces risk from pickup to delivery. Once transported, assets are stored at their secure 14-acre Jurupa Valley facility, which offers plenty of space, controlled access, surveillance, and on-site staff to safeguard City property until it is sold.
FISCAL IMPACT/SUMMARY
Staff recommends that the Finance Committee recommend the City Council approve the agreement with JJ Kane Associate, Inc. to provide as-needed auction services. The term is for a three-year term with an option to extend for two additional one-year terms at the discretion of the City Manager. No appropriation is needed at this time and any revenue received will be programmed as part of the budget process.
Attachments
AGR-2026-03-03-197-JJ-Kane-Associates-Inc-As-Needed-Auction-Services-for-City-Surplus-Items_signed.pdf Proposal - JJ Kane.pdf
Agreement No. 2026.03.03.197
Professional Services Agreement
This Professional Services Agreement ("Agreement") is dated Tuesday, April 7, 2026 for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and JJ Kane Associates, Inc. a Service Provider ("Consultant").
RECITALS
A. City desires to retain Consultant as an independent contractor to provide the following Professional Services: As-Needed Auction Services for City Surplus Items for Administrative Services.
B. Contractor represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. Scope of Services.
Service Provider shall perform the services referenced in the Recitals and more specifically described in the Scope of Services set forth in the attached Exhibit A, and as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services”).
2. Compensation
A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule set forth in the attached Exhibit A.
B. In no event shall the total amount paid for the Services to the seller exceed 3% commission for vehicle and heavy equipment items and 15% commission for palletized and miscellaneous items. This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Service Provider in performing the Services. Service Provider shall be deemed to have made all inquiries and site inspections deemed necessary by Service Provider prior to execution of this Agreement.
C. Unless the Fee Schedule calls for payment of a one-time flat fee, periodic payments for undisputed work shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Service Provider’s invoices shall indicate the amount of time spent on each task and the applicable rate.
D. Unless the Fee Schedule calls for payment on a different schedule, Service Provider shall invoice City on a monthly basis.
3. Additional Work.
1 This Agreement does not include any contingency or additional work. Any additional work performed by Contractor without a written amendment or approval of the City shall be deemed to be work included within the Services.
4. Term.
A. The term of this Agreement shall commence Tuesday, April 7, 2026 (“Effective Date”). Unless extended or earlier terminated as provided herein, this Agreement shall expire on: Monday, April 6, 2029.
City may extend the term of this Agreement by giving written notice to Contractor within 30 days prior to the then-scheduled expiration date for up to two (2) additional one-year terms which will be in the sole discretion of the: City Manager, or designee.
5. Time of Performance.
A. Service Provider shall commence the Services on the above Effective Date, timely complete all performance milestones, if any, and shall complete the Services within the term of this agreement.
B. Force Majeure. Neither party shall be considered in default of this Agreement for delays in performance caused by a force majeure event. As used in this Agreement, the term “force majeure event” means circumstances beyond the reasonable control of the non-performing party and includes the following: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. Service Provider’s lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.
C. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
6. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to the Services, including costs incurred, shall be maintained by Service Provider and made available for review by City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.
7. Standard of Care.
Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions in southern California. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services.
2 8. Compliance with Law.
A. Service Provider shall comply with all applicable laws including Cal/OSHA requirements.
B. Service Provider shall obtain a City of Brea business license.
C. Service Provider shall comply with all applicable provisions included in the attached Special Provisions Section.
9. Assignment and Subcontracting.
A. Service Provider shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of City, which may be withheld for any reason. City shall be deemed to have approved Service Provider’s utilization of subcontractors identified in Service Provider’s proposal for the Services.
B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement. Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement otherwise applicable to the Service Provider.
C. If use of a subcontractor is approved, then City may withhold 5% of each monthly payment to Service Provider. Such retention shall be released upon City’s receipt of an unconditional release of all claims signed by any such subcontractor, as to work performed to date.
10. Independent Contractor.
A. Service Provider is retained as an independent contractor and is not an employee of City. No employee or agent of Service Provider is or shall become an employee of City.
B. Service Provider will determine the means, methods, and details by which Service Provider’s personnel will perform the Services. Service Provider shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
C. Service Provider’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City. Service Provider’s personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Service Provider shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Service Provider’s personnel require to perform the Services. Service Provider shall perform the Services off of City premises at locations of Service Provider’s choice, except as otherwise may from time to time be necessary in order for Service Provider’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to inspect or visit City locations. City may make a computer available to Service Provider from time to time for Service Provider’s personnel to obtain information about or to check on the status of projects pertaining to the Services.
3 D. Service Provider shall be responsible for and pay all wages, salaries, benefits and other amounts due to Service Provider’s personnel in connection with the Services Service Provider shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Service Provider and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.
11. CalPERS Compliance.
The parties acknowledge that City is a local agency member of CalPERS, and as such has certain pension reporting and contribution obligations to CalPERS on behalf of qualifying employees. Service Provider agrees that, in providing its employees and any other personnel to City to perform the Services, Service Provider shall assure compliance with the Public Employees’ Retirement Law (Government Code Section 20000 et seq.), the regulations of CalPERS, and the Public Employees’ Pension Reform Act of 2013 (Government Code Section 7522 et seq.). Without limitation to the foregoing, Service Provider shall assure compliance with regard to personnel who have active or inactive membership in CalPERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
12. Insurance.
Unless otherwise permitted or waived in writing by City’s Risk Manager Service Provider shall not commence work until it has secured all insurance required under this section and provided evidence thereof that is acceptable to City. In addition, Service Provider shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
A. Commercial General Liability
i. Service Provider shall take out and maintain, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
iii. Commercial General Liability Insurance must include coverage for the following:
a. Bodily Injury and Property Damage
4 b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this Agreement g. Broad Form Property Damage
h. Independent Service Provider's Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its elected and appointed officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsement forms providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a selfinsured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds B. Automobile Liability
i. Service Provider shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City.
ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). iii. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent Service Provider in the role of City officials, as additional insureds.
iv. Subject to City’s written approval, the automobile liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.
C. Workers’ Compensation/Employer’s Liability
i. Service Provider certifies that Service Provider is aware of the provisions of Labor Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement.
5 ii. Service Provider shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Service Provider shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.
D. Professional Liability (Errors and Omissions)
Service Provider shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Service Provider in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement.
The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
E. Cyber Liability
If Cyber Liability is included in the Minimum Policy Limits Required below, then Service Provider shall maintain cyber liability insurance providing protection against claims and liabilities arising from:
i. Errors and omissions in connection with maintaining security of City Data (as defined below); ii. Data breach including theft, destruction, and/or unauthorized use of City Data; iii. Identity theft including bank charges assessed; and iv. Violation of privacy rights due to a breach of City Data.
F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following insurance limits are required for this Agreement:
a. Commercial General Liability
$1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
b. Automobile Liability
6 $2,000,000 per occurrence (any auto) for bodily injury and property damage c. Worker's Compensation and Employers Liability
In the amount required by California law for Workers’ Compensation Limit. $1,000,000 per occurrence for Employer's Liability
d. Professional Liability
$2,000,000 per claim and aggregate (errors and omissions) e. Cyber Liability
Cyber Liability Insurance is not required for this Agreement. ii. Defense costs shall be payable in addition to the limits. iii.Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
G. Proof of Insurance
Within five days of execution of this Agreement, but prior to commencement of the Services, Service Provider shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required original endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
H. Policy Provisions Required
i. The required policies of insurance shall require that the City be provided at least 30 days prior written notice of cancellation of any policy required by this Agreement, except that the policies shall provide at least 10 days prior written notice of cancellation of any such policy due to nonpayment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Service Provider shall deliver renewal certificate(s) including the required endorsement(s) to City at least 10 days prior to the effective date of cancellation or expiration.
ii. The Commercial General Liability Policy and Automobile Liability Policy shall each contain a provision stating that Service Provider’s policy is primary insurance and that any insurance, 7 selfinsurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss.
iii. The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. If a “claims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv. All required insurance coverages, except for the professional and cyber liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of City, its elected and appointed officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials (“City Parties”), or shall specifically require Service Provider or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Service Provider hereby waives its own right of recovery against the City Parties, and shall require similar written express waivers and insurance clauses from each of its subcontractors. v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Service Provider from liability in excess of such coverage, nor shall it limit Service Provider’s indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.
I. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Service Provider, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Service Provider pursuant to this Agreement, including the provisions concerning indemnification. ii. If at any time during the term of this Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Service Provider or City will withhold amounts sufficient to pay premium from Service Provider payments. In the alternative, City may terminate this Agreement for cause.
iii. City may require Service Provider to provide for inspection by City, complete copies of all insurance policies in effect for the duration of the Agreement. iv. No City official, officer, employee, agent or volunteer shall be personally responsible for any liability arising under or by virtue of this Agreement. v. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to Service Provider; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum 8 required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Service Provider under this Agreement.
J. Subcontractor Insurance Requirements
Service Provider shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that it has secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name City, its elected and appointed officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds, using ISO form CG 20 38 04 13 or an endorsement providing the same coverage. If requested by Service Provider, City may approve different scopes or minimum limits of insurance for particular subcontractors.
13. Indemnification.
A. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death (collectively “Claims”), to the extent any such Claims are caused by any willful misconduct, reckless, or acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services pursuant to this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. However, the defense and hold harmless obligations in the preceding sentence shall not apply to Claims arising out of or related to (a) City’s unlawful acts or omissions in connection with its ownership and maintenance (or lack thereof) of the Auction Items (defined below), (b) any title defects or delays in delivering free and clear title to the Auction Items, (c) any breach of this Agreement by City or (d) any violations by City of applicable state and federal laws, including, without limitation, state and federal emissions laws and regulations (which, as between City and Contractor, are the sole responsibility of City). As used in this Agreement, “Auction Items” means the property identified by City for Contractor to facilitate the sale of at public auction.
B. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.
14. Laws and Venue.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard for change of venue laws. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in the Superior Court of the County of Orange, or in the U.S. District Court, Central District,, State of California. Service Provider must comply with the claim procedures set forth in the Government Claims act (Government Code Section 810 et seq.) prior to filing any lawsuit against City.
9 15. Termination.
A. City may terminate any portion or all of the Services or this Agreement with or without cause by giving 10 days’ prior, written notice to Service Provider. In such event, City shall be immediately given title to and possession of all Work Product (as defined below) and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Service Provider is not then in breach, City shall pay Service Provider for any portion of the Services satisfactorily completed prior to termination. If termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by the parties. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Service Provider shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation resulting from such termination.
B. Service Provider may terminate this Agreement only for cause and by serving written notice of termination to City, provided Service Provider has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.
16. Ownership of Work Product.
A. All draft and final reports, documents, and other written material, and any and all images, reports, writings, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made, provided that any such use shall be at City’s sole risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Contractor agrees that the compensation set forth in Section 2 of this Agreement includes conveyance to City of ownership of all Work Product, including intellectual property rights, as provided in this Section 16. "Work Product" shall not include intellectual property, or any thing or idea protected by intellectual property rights, lawfully owned or possessed by [contractor] prior to the effective date of this Agreement.
B. Contractor hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights, that are not otherwise vested in City pursuant to subsection A above.
C. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Contractor 's default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, and the other Indemnitees harmless from any and all losses, claims or liabilities in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. 10 Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement; or (c) provide the City with a full and complete refund of all sums paid under this Agreement. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.
17. Data Security.
A. As used in this Agreement, “City Data” means any and all information and data provided or made accessible, directly or indirectly, to Contractor by City, or otherwise acquired from City, in connection with Contractor ’s performance of the Services. As between the Contractor and the City, any and all City Data is solely owned by City. Contractor is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Contractor use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Contractor shall protect and maintain the security of City Data using methods providing not less than the level of security Contractor uses for its own confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information.
B. To the extent any City Data consists of personal information as defined in California Consumer Privacy Act (Civil Code Section 1798.100 et seq.), Contractor shall comply with that statute and with Civil Code Section 1798.80. et seq., including providing the required notifications in the event of any unauthorized access or disclosure of personal information stored, maintained, accessed, used or transmitted by Contractor in connection with this Agreement. Notwithstanding the foregoing, Contractor shall within 24 hours notify the City Representative by telephone and in writing of any unauthorized access of City Data. Thereafter, Contractor shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access.
C. Contractor shall not store City Data using cloud-based storage without City’s prior, written consent, unless the use of such storage is clearly described in the Scope of Services. Where permitted herein, any and all cloud-based storage shall be on servers and other hardware located within the continental United States, and shall be in compliance with ISO/IEC 27001 - 27018, as applicable, unless otherwise agreed to in writing by the City Representative. Cloud storage using Amazon Web Service or Microsoft Azure shall be deemed to satisfy the requirements of this subsection C.
18. Party Representatives.
City hereby designates Alicia Brenner, or such person’s designee, as the City Representative for this Agreement.
11 Service Provider hereby designates Carlos Enrique, or such person’s designee, as Service Provider’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.
The foregoing representatives shall be authorized to provide consent where required herein, and to make other administrative decisions that will be binding on their respective party, except as otherwise specifically required herein.
19. Notices.
Any notices, invoices, or other documents related to 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 e-mail before or during the receiving party’s regular business hours; (b) the business day after delivery, if delivered by e-mail after the receiving party’s regular business hours; or (c) on the second business day following deposit in the United States mail, certified mail with return receipt requested and postage prepaid, to the addresses listed below, or to such other addresses as the parties may, from time to time, designate in writing.
City Service Provider
City of Brea JJ Kane Associates, Inc.
1 Civic Center Circle 4510 Muth Way
Brea, CA 92821 Jurupa Valley, CA 92509
United States USA
Alicia Brenner Carlos Enrique
[email protected] [email protected]
(714) 990-7714 (760) 518-4191
20. Third Party Rights.
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Service Provider.
21. Conflicts of Interest.
A. Service Provider covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Service Provider certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
B. Service Provider further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services shall be employed. Service Provider has provided City with a list of all City-approved subcontractors and the key personnel for such subcontractors that are retained or to be retained by Service Provider in connection with the performance of the Services, to assist City in affirming compliance with this Section. 12 C. Service Provider maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Service Provider, to solicit or secure this Agreement. Further, Service Provider warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. If required, Service Provider further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City Clerk as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to terminate this Agreement without liability. No director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Severability.
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
23. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.
24. Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specified in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.
25. Time of Essence.
Time is of the essence in each and every provision of this Agreement.
26. City’s Right to Employ Other Service Provider's.
City reserves its right to employ other Service Provider's to provide the Services or similar services.
27. Exhibits.
The attached Exhibit A is are incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Agreement and any Exhibit, the provisions of this Agreement shall govern.
28. Entire Agreement.
This Agreement represents the entire understanding of the parties as to the Services, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters. Each party acknowledges that no representations, inducements, promises or 13 agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both parties. This is an integrated agreement.
[SIGNATURES ON FOLLOWING PAGE]
14 SPECIAL PROVISIONS
No Special Provisions required for this Agreement.
16 EXHIBIT A
SCOPE OF SERVICES AND FEE SCHEDULE
(Service Provider's proposal attached)
17 Response to Request for Proposal No. 2025.11.26.01,
As-Needed Auction Services
For City of Brea, CA
December 22, 2025
Local Office:
4510 Muth Way
Jurupa Valley, CA 92509
Phone: (310) 353-7140
Corporate Office:
33 Inverness Center Parkway
Birmingham, AL 35242
Phone: (856) 764-7163
Point of Contact for Proposal:
Carlos Enriquez Account Manager
Phone: (760) 518-4191
Email: [email protected]
2 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
2. Table of Contents
Letter of Transmittal ..................................................................................................................................... 3
1. Background ............................................................................................................................................... 4
2. Experience ................................................................................................................................................. 6
3. Qualifications ............................................................................................................................................ 7 Financial Responsibility: ............................................................................................................................ 7 Customer Service: ..................................................................................................................................... 7
4. Understanding........................................................................................................................................... 9
5. Approach ................................................................................................................................................. 10 Standard Forms ........................................................................................................................................... 16 3 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
Letter of Transmittal
Thank you for the opportunity to respond to the City of Brea’s Request for Proposals, No. 2025.11.26.01, As-Needed Auction Services for City Surplus Items.
JJ Kane Auctions fully understands and complies with the scope of work and timeline requirements outlined in this solicitation. We bring extensive experience, industry knowledge, and operational expertise to this engagement. We possess a strong understanding of local and regional markets and consistently deliver auction services that maximize asset recovery while ensuring compliance with all applicable laws and regulations. Our organization has successfully managed complex public-sector and government surplus auctions across multiple jurisdictions, achieving strong bidder participation and competitive results.
JJ Kane Auction’s services include:
Online Auction Platform
Transportation of vehicles and
equipment to JJ Kane yard
De-logo and cleaning vehicles and
equipment
Photograph and Video Auction Items
Inspect and Catalog Auction Items
Upload Photos, Videos, and
Descriptions to our Online Auction
Platform
Title Transfers
Answer Potential Buyer Inquiries
Strategic Marketing
Recordkeeping / Reporting
Payment Collection
Secure Storage of Items (at JJ Kane
yard)
In-House Customer Support
Seller’s Portal (to view upcoming and
historical sales)
Buyer’s Portal (to view purchase
history)
Handle Winning Bidder
Communications
Enclosed with this submission is a detailed overview of our consignment process and the unique solutions JJ Kane Auctions provides throughout each stage of the auction lifecycle.
Thank you again for the opportunity to submit this bid. We look forward to the possibility of a partnership with the City of Brea and delivering exceptional customer service and maximum return value. Should you have any questions or require additional information, please do not hesitate to contact me at your convenience.
Sincerely,
Carlos Enriquez
Account Manager
JJ Kane Auctions
4 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
1. Background
Full legal name: JJ Kane Associates, Inc dba JJ Kane Auctions Local Address: 4510 Muth Way, Jurupa Valley, CA
Corporate Address: 33 Inverness Center Parkway, Birmingham, AL 35242 Phone: (310) 613-9501
Fax: N/A
Email: [email protected]
Website: https://www.jjkane.com
Prior company names: Ken Porter Auctions, JJ Kane Auctioneers Years in business: 63 years (Ken Porter Auctions)
Mergers / Buyouts: JJ Kane Auctions acquired Ken Porter Auctions in 2018 Organizational structure: S Corporation
Organizational chart:
5 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
Names and titles of the principal owner(s): JJ Kane Auctions is wholly owned by Altec, Inc Person(s) authorized to contractually bind the company: Gene Govoreau List any pending litigation and describe any contracts terminated for cause and any governmental enforcement actions against proposer’s company during the previous five (5) years: None
List any special recognition or awards:
JJ Kane is a member of the following associations:
JJ Kane is a member of the following associations:
National Auctioneer Association (NAA)
Power Contractor Communication Association (PCCA)
Electric Utility Fleet Managers Conference (EUFMC)
Investment Recovery Association (IRA)
International Society of Arboriculture (ISA)
Tree Care Industry Association (TCIA)
American Rental Association (ARA)
National Fleet Management Association (NAFA)
National Rural Electric Cooperative Association (NRECA) 6 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
2. Experience
JJ Kane Auctions conducts online, public, absolute vehicle and equipment auctions across the U.S. In 2025, we conducted over 100 auctions from 90+ auction locations. We provide the opportunity to buy directly from fleet owners in the utility, construction, government, forestry, rental, and transportation industries. Our large and diverse auction inventory ranges from after-market heavy construction equipment, used cars and trucks, used service trucks, used pickup trucks, after-market bucket trucks, cranes, and digger derricks. We offer a wide variety of services for both buyers and sellers. These include transportation, financing, cleaning, deidentification, and more. We make it easy for you to sell your equipment directly to buyers who need it.
JJ Kane follows all state and federal guidelines pertaining to auction licenses, permits, zoning, insurance, OSHA, EPA, ADA and all required business licenses to conduct auction sales throughout the United States. Copies available upon request.
In the state of California, JJ Kane maintains the following licenses to conduct auctions:
State of California Secretary of State Registration: #C3096644 Fictitious Name / DBA Filing: #2023257078
State of California DMV Vehicle Dealer License: #45696 State of California Auctioneer Bond: #K41873619
State of California Seller’s Permit: #102178983 - 00001 City of Jurupa Valley Business Registration: #09497
JJ Kane Auctions has the experience and reliability to provide auction services for the City of Brea. Over the past 5 years, JJ Kane Auctions has auctioned items for more than 750 government customers and agencies and thousands of private entities. Additionally, JJ Kane holds contracts with the following nationally recognized cooperative purchasing agencies:
Sourcewell awarded vendor, contract # 110421-ALT through our parent company Altec Ind.
Sourcewell awarded vendor, contract # 111424-JJK, Auction Services NCPA/OMNIA Partners awarded vendor, contract # 02-129 under Lead Agency Region 14 State of New Mexico / NASPO ValuePoint awarded vendor # 0000144443, Master Agreement # 20-00000-22-00051AA
BuyBoard awarded vendor, contract #708-23, Auction Services 7 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
3. Qualifications
Financial Responsibility:
JJ Kane Auctions is privately held; consequently, we cannot share all the financial information requested. A financial comfort letter from our Controller or a comfort letter from our long-standing banking partner, Wells Fargo, are available upon request.
Additionally, JJ Kane is backed by our parent company Altec, Inc. Altec has been operating under the same family ownership since 1929. Altec is a leading provider of products and services to the government, electric utility, telecommunications, tree care, lights and signs, and contractor markets in more than 100 countries throughout the world. Please visit http://www.altec.com/ for more information.
Customer Service:
Your dedicated Account Manager, Carlos Enriquez, is to provide support to the City of Brea throughout the entire auction process.
Carlos Enriquez is an Auction Manager in Southern California, providing support to the public sector, with 7 years of experience in the auction business. He helps coordinate with government agencies and municipalities on their surplus processes, builds and maintains key relationships with our sellers, and provides strong customer service and solutions to their needs and the selling of their assets. He earned his Master of Business Administration in 2022 from UAB (University of Alabama at Birmingham). Before his current position as Account Manager, he served as the Facility Supervisor in San Diego for JJ Kane, overseeing daily operations and auction coordination.
Gene Govoreau brings more than 30 years of experience in the surplus liquidation and auction industry, with extensive expertise in public-sector asset remarketing, contract management, and auction operations. As a Regional Sales and Contract Manager for JJ Kane Auctions, he has led business development efforts, managed government and private-sector contracts, and overseen complex auction operations nationwide. His background includes senior leadership roles responsible for auction logistics, transportation fleets, compliance, and customer relations, as well as earlier experience in fleet services and large-scale construction management. Gene is recognized for his strong client relationships, operational leadership, and deep understanding of surplus asset disposition for municipalities, utilities, and commercial organizations.
In addition to Carlos & Gene’s support of this contract, JJ Kane has a numerous cast of local team members that work behind the scenes to ensure each auction runs smoothly and JJ Kane continues to provide superior auction services.
Dora Lopez is the Auction Coordinator for Southern California. Working closely with Gene, she makes sure your vehicles, and information moves smoothly and nothing falls through the cracks. Dora has built strong, trusted relationships with our clients and is known for being 8 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
approachable, responsive, and reliable. Her background in data processing, quality control, and IT allows her to bring both structure and common sense to the team’s day-to-day work.
Lance Alford is the Transportation Manager for JJ Kane Auctions in California, bringing over 25 years of industry expertise. Lance oversees all transportation operations, including fleet management, driver supervision, and asset logistics, ensuring safe and efficient movement of consignor assets. Lance is also a licensed California DMV VIN Verifier, providing essential verification and documentation services to streamline DMV processes. With more than two decades dedicated to the auction industry, Lance has developed a deep understanding of California’s unique market dynamics. His extensive experience includes coordinating large-scale auctions, managing complex transportation schedules, and ensuring compliance with state and local requirements.
Marcos Lazo is the Field Operations Supervisor for our Jurupa Valley location. He has 25 years in the automotive and heavy equipment auction industry. Currently, Marcos has been with JJ Kane since 2018. Marcos coordinates the organization and flow of our daily workload. He manages a team of associates with efficient care pertaining to customer satisfaction. Marcos has an associate’s degree from Santa Ana College.
We also have 30+ operations team members working at the Southern California Auction Yards that help with local surplus auctions and titling. Furthermore, we have corporate teams to help with payouts and marketing of auctions.
Finally, JJ Kane understands the most successful businesses recognize the importance of great customer experiences. At JJ Kane we believe that every great customer relationship stems from a seamless customer experience. Our in-person Customer Support Center is staffed Monday – Friday, 4:30 AM to 4:00 PM PST for consultation via phone (856-764-7163) and to reply to emails ([email protected]). Our contact us page on our website https://www.jjkane.com/contact-us/ has an interactive form where information can be entered and submitted for follow-up from a committed Customer Service Representative. We utilize a closed-loop ticket system to ensure that all questions are answered. If an issue arises, our goal is to make decisions and follow up within 24 hours on issues that need to be escalated above our customer service representatives.
9 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
4. Understanding
JJ Kane Auctions fully understands the City of Brea’s need for a reliable, compliant, and efficient solution for the disposition of surplus vehicles, equipment, and miscellaneous assets on an as-needed basis. The City requires an auction partner that can minimize internal staff time, ensure regulatory compliance, protect public assets, and maximize net returns through broad market exposure and professional asset presentation. JJ Kane’s full-service, turnkey online auction model is specifically designed to meet these objectives while providing transparency, accountability, and measurable results throughout the entire auction lifecycle .
Unlike many online auction providers that operate solely as listing platforms, JJ Kane manages every phase of the auction process from start to finish. Our nationwide account managers, experienced operations teams, and corporate support staff coordinate directly with City personnel to remove administrative burden and streamline surplus disposal. From transportation and secure storage to inspection, cataloging, marketing, bidding, buyer communication, payment collection, and final reporting, all services are performed by JJ Kane as part of our standard offering.
A key component of our understanding is the importance of logistics and asset control. JJ Kane owns and operates its own fleet of trucks and trailers, allowing us to provide reliable, flexible, and timely transportation without reliance on third-party carriers. This ensures consistent scheduling, reduced risk, and full chain-of-custody control from City locations to the auction yard. Once transported, assets are stored at our secure 14-acre Jurupa Valley facility, which provides ample space for vehicles, equipment, and miscellaneous items, along with controlled access, surveillance, and on-site staff to protect City property until sale.
JJ Kane also recognizes the City’s need for visibility and accountability throughout the process. Our secure, web-based Customer Portal provides City staff with 24/7 access to upcoming auctions, live bidding activity, historical sales results, and detailed post-sale reports. Data can be viewed online or downloaded in PDF or Excel format, supporting internal tracking, audit requirements, and public transparency.
Special consideration is given to compliance requirements unique to public agencies, including title processing, VIN verification, and adherence to all applicable state and local regulations. JJ Kane’s inhouse DMV processing, licensed personnel, and experienced compliance teams reduce risk and ensure transactions are completed accurately and efficiently.
JJ Kane’s unique strength lies in our ability to combine owned infrastructure, experienced personnel, and a proven nationwide buyer network into a single, seamless solution. This integrated approach allows the City of Brea to confidently surplus assets with minimal effort, reduced risk, and maximum financial return, while maintaining full visibility and control throughout the process. 10 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
5. Approach
JJ Kane offers a fully turnkey solution where we handle all aspects of the listing and sale process. We take pride in making our process as simple as possible for our sellers while simultaneously obtaining the highest possible returns on your investments. JJ Kane’s auction process typically follows the following format:
Consign: The City of Brea informs their JJ Kane Account Manager, Gene, that surplus items are ready for auction. JJ Kane coordinates transportation of items to the local JJ Kane Auction Site in Jurupa Valley, CA, or the City can drop items off at the Auction Site.
Transport Items: JJ Kane will provide transportation for the City’s vehicles and other items from City locations to our yard in Jurupa Valley, CA. JJ Kane will use company owned vehicles and company drivers. JJ Kane has an extensive fleet of trucks and trailers to service all your transportation needs:
(5) semi-trucks
(4) low-beds
(2) car-carriers
(2) 24-foot stake bed trucks
(18) 45-foot trailers for misc. items
All drivers are Forklift Certified
Jurupa Valley Facilities: Our Jurupa Valley Premier Auction Site is located at 4510 Muth Way, Jurupa Valley, CA 92509. This yard is available Monday through Friday from 8:00 AM until 4:00 PM. Potential bidders can view items at these locations prior to auction close. This option offers the best features of both in-person and online auctions.
Our Jurupa Valley location has the following features:
14 acres of secured graveled storage space
100 paved regular parking spots and 14 paved designated handicap parking for customers within our facility and numerous street parking spaces available Over 8,000 square feet of indoor storage for high dollar palletized items Indoor office space for DMV processing and payments
Computer kiosks for cash bidders or bidders without internet/ computer access to bid at our facility during auction. If they are the winning bidder, they can then purchase the item and pay in cash the day of.
10+ forklifts and material handlers on site to safely move equipment. All material handling equipment is operated by certified JJ Kane employees.
JJ Kane is committed to providing physical site security, with the goal of keeping our customers' equipment safe throughout the auction process and selling in the same condition as when received. At the Jurupa Valley location, we have implemented the following security measures:
Well-lit yard (interior and exterior locations)
24-hour monitored security cameras
11 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
8' block wall and chain link fence around usable perimeter Locked gate access
Fire alarm system
Fire suppression system for indoor spaces
Fully staffed during regular business hours
Security guard at gated entrance
As each vehicle is received, JJ Kane will verify the vehicle identification number, year, make, model, and odometer reading and other needed information on an Equipment Inspection Report.
Jurupa Valley Yard
Vehicle and Equipment Preparation: To prepare the City of Brea’s vehicles for auction, JJ Kane will at minimum perform the following:
Complete an Equipment Inspection Report on each vehicle. Wash and vacuum interior and exteriors of vehicles.
De-logo to remove any City logo, name, decal, or images as requested. Have smog tests, safety inspections, and drive cycles performed as required. Remove all exempt license plates and return to the City or cut/destroy and recycle. Place AS IS notice and a Lot Number on each vehicle.
Miscellaneous items will be sorted into the most saleable lots utilizing JJ Kane's marketing and auction expertise and experience. The City of Brea’s items will be kept in separate lots from others' lots. Lots will be uploaded to our website for online auction sales.
Strategize: JJ Kane can accept any items that the City of Brea has the authority to sell and is not considered hazardous (waste). Our team will create a comprehensive consignment strategy 12 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
that best fits your item(s). JJ Kane’s full-service, turnkey online auction approach is our preferred method of cataloging seller’s items, and our most used solution. Our nationwide account managers and operations team will handle all aspects of the listing and sale process.
We will take photographs and videos, inspect items, and create item descriptions for auction at no additional cost. This service can be done at a JJ Kane Holding yard or at the customer’s location. Every item that is listed online for auction has conditions noted and pictures posted (vehicles and equipment have a minimum of 20 pictures each). We take pride in making our process as simple as possible for our sellers while simultaneously obtaining. See below for an example of auction item listing.
Auction Item Listings
Auction Item Listing
13 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
Marketing: JJ Kane will market your item(s) to target audiences across the United States and internationally. We will create and execute an advertising and marketing plan for each auction.
Facets of advertising include:
SEM (Search Engine Marketing) / SEO (Search Engine Optimization allowing our website content to organically improve search results.
Email / MMS (Multimedia Messaging Service) marketing is strategically employed to connect specific groups of buyers with items relevant to their needs. We communicate with our database of customers through promotional emails. Social Media (Facebook, LinkedIn, Instagram, and YouTube) is a critical marketing and communication tool. We feature products and auctions in our daily organic social media posts.
359,000+ likes on Facebook (JJ Kane)
11,000+ followers on Instagram (JJ Kane)
2,000+ followers on LinkedIn (JJ Kane)
419,000+ likes on Facebook (Altec)
40,000+ followers on Instagram (Altec)
50,000+ followers on LinkedIn (Altec)
Digital advertising is the core of our marketing campaigns. One of the most important efforts we leverage is listing all auction inventory on our own website as well as wide range of used vehicle and equipment websites such as:
Commercial Truck Trader
Construction Equipment Guide
Equipment Trader Online
Machinio
My Little Salesman
Proxibid
Rock & Dirt
Feature items on our website home page
Feature items in monthly Construction
Equipment Guide newsletter
Example 3rd Party Listing
Custom Landing Page to host only your items. This landing page can be shared internally and externally on your website and social media channels for extra promotion of your items. See https://www.jjkane.com/promotions/clark-county-automotive/ for an example.
14 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
Special Event Marketing is occasionally utilized to promote specific auctions. For example, in May 2025 the Western Region promoted a Yellow Iron sale with targeted marketing.
Conventional Print Advertising is another form of advertising used by JJ Kane when requested. We can advertise through local newspapers, trade journals, etc.
Auction: Items are viewable up to four weeks before the auction opens, and bidding is open for six days. This allows maximum exposure of all items. Our absolute auctions include “bid extensions” which extends bidding when bids are made in the last 90 seconds. This allows potential bidders to have sufficient time to bid on all desired items and ensures bidding does not end when interested bidders are still placing bids. While auction is open, the City can monitor progress of its items live at https://www.jjkane.com/.
Nationally, JJ Kane conducts at least one auction weekly. Our auction schedule follows a basic pattern of regional-based sales. This pattern is beneficial to our consignors as it attracts a large amount of auction activity to a specific event, leading to increased bidding and high net returns.
The City of Brea may participate in any of our auctions; however, we would propose the Jurupa Valley Auctions occurring the first Tuesday and second Thursday of every month. Our auction schedule is as follows:
Central Region: 1st Tuesday/Wednesday of the month
Jurupa Valley / California Miscellaneous Items: 1st Tuesday of the month Northeast Region: 2nd Tuesday/Wednesday of the month
Jurupa Valley / Southern California Auction: 2nd Thursday of the month Western Region: 3rd Tuesday/Wednesday of the month
Southeast Region: 4th Tuesday/Wednesday of the month
Northern California Auction: 4th Thursday of the month
JJ Kane Auction Locations
15 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
Sell: Your item sells! JJ Kane coordinates payment from winning bidder(s). Payments from Winning Bidder must be made electronically within 3 business days via credit card / p-card & wire transfers, financing via Altec Capital, or by check. If applicable, JJ Kane will also remit taxes to the appropriate taxing authorities.
Title Transfers: JJ Kane will work with the City of Brea to obtain all necessary titles for applicable assets prior to said assets being sold. JJ Kane is a California licensed used car dealer and performs all the required functions with its in-house staff. JJ Kane has multiple full-time notaries on staff to facilitate and handle all paperwork regarding the transference of titles on behalf of the City in accordance with applicable law.
Buyer Pick-up: Buyers are required to pay for items before pick-up and must bring a “paid in full” receipt with them when picking up purchases. JJ Kane will coordinate all Buyer pick-ups.
Reporting: After auction, JJ Kane will provide all necessary reports and legal documentation.
We will provide seller reports and close-out documents to the City of Brea via email; these reports are also available 24/7 through our Customer Portal and do not expire. Typical information provided includes:
Buyer Details
Vehicle Information – Lot #, Year, Make, Model, VIN, and Catalog Description Date of Sale
Sale Price
Commission percentage rate
Final payout including all taxes and fees
JJ Kane’s exclusive Customer Portal gives you visibility of all assets you have listed. It provides our sellers with a dashboard showing an overview of items, as well as details about how many items are upcoming for sale, historical data of sales, and upcoming auctions that the City is participating in. All historical sales data can be accessed and downloaded into PDF or Excel formats. With JJ Kane's customer portal, detailed data of your items are at your fingertips.
Payment: Within 14 days, JJ Kane will remit to the City of Brea the net proceeds from Auction Items sold at auction, less Auctioneer’s applicable commission and any expenses. Payment shall be made by Auctioneer via ACH/electronic transfer or by a check made payable to Seller.
Payments may be made to multiple accounts if needed.
16 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
Standard Forms
REQUEST FOR PROPOSALS
As-Needed Auction Services for City Surplus Items
2025.11.26.01
STANDARD FORM A
NON-COLLUSION AFFIDAVIT FORM
Note: To be executed by Proposer and submitted with Proposal. proposal (name of proposing company)
that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal; that the PROPOSER has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or to refrain from proposing; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the PROPOSER or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer; that all statements contained in the proposal are true; and, the PROPOSER has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a PROPOSER that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the PROPOSER.
I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct and that this declaration is executed as set forth.
Signature: ____________________________________________ Name/Title Date: ____________________________________________ Notary is not required for this proposal.
State of
(the State of the place of business)
County of
(the County of the place of business)
, being first duly sworn, deposes and
(name of the person signing this form)
says that he/she is of
(title of the person signing this form)
, the party making the foregoing JJ Kane Associates, Inc dba JJ Kane Auctions California
Riverside
Gene Govoreau
Senior Account Manager
Gene Govoreau / Senior Account Manager
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0
REQUEST FOR PROPOSALS
As-Needed Auction Services for City Surplus Items
2025.11.26.01
STANDARD FORM B
REFERENCES FORM
(Proposer’s Company Name)
Provide current business references for whom your company has provided similar services.
Provide very brief description of the Project services your company provided to the reference.
Any unsatisfactory references or past unsatisfactory work performance with City may eliminate Proposer from further consideration (Brea City Code Sec. 3.24.020.M) JJ Kane Associates, Inc dba JJ Kane Auctions
PG&E
Marty Parker / Fleet Analyst
(530) 601-6568
[email protected]
Auction Services
Los Angeles County ISD
Mike Bishop / Contract Program Monitor
(323) 881-3919
[email protected]
Auction Services Auction Services Auction Services
City of Los Angeles
Jeff Mowrey / Principal Storekeeper
(213) 473-8200
[email protected]
555 Ramirez St., Los Angeles CA 90012 1100 N Eastern Ave., Los Angeles, CA 90063 Customer for 20+ years
Customer for 20+ years
Customer for 20+ years
316 L St., Davis, CA 95616
Customer for 20+ years
City of Fullerton Public Works
1580 W. Commonwealth Ave., Fullerton, CA 92833
Robert Perez / Fleet Manager
(714) 681-3990
[email protected]
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0
REQUEST FOR PROPOSALS
As-Needed Auction Services for City Surplus Items
2025.11.26.01
STANDARD FORM C
SUBCONTRACTORS LIST-STANDARD FORM
(Proposer’s Company Name)
Provide the information requested below. Duplicate this form as necessary to complete list. ☐ Check this box, if no subcontractors are to be used for any of the proposed work.
JJ Kane Associates, Inc dba JJ Kane Auctions
x
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0
REQUEST FOR PROPOSALS
As-Needed Auction Services for City Surplus Items
2025.11.26.01
STANDARD FORM D
STATEMENT OF COMPLIANCE OR EXCEPTIONS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation.
(Proposer’s Company Name)
Select one:
No Exceptions
By checking the above box, Proposer declares their Proposal was prepared in strict compliance with the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement.
With Exceptions
By checking the above box, Proposer declares their Proposal was prepared in consideration of but with exceptions to one or more of the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement, in which case Proposer must provide a detailed list for all such exceptions in the following format.
Section
Page # Term, Condition, Specification Exception & Benefit to City City A
or D
Proposer acknowledges that City may accept or reject any or all of Proposer’s listed exceptions or reject the Proposer’s entire Proposal that contain any exceptions.
Signature: ____________________________________________ Name/Title Date: ____________________________________________ JJ Kane Associates, Inc dba JJ Kane Auctions
X
Gene Govoreau / Senior Account Manager
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0 1 | P a g e 4510 Muth Way | Jurupa Valley, CA 92509
Tel: (310) 353-7140
www.jjkane.com
JJ Kane Auctions Response to the City of Brea
RFP No. 2025.11.26.01 – As-Needed Auction Services
To: City Brea
From: JJ Kane Auctions
Subject: Exceptions to Sample Agreement
Dear Evaluation Committee,
Thank you for the opportunity to respond to this RFP. The scope of work required here very closely matches JJ Kane Auctions regular business model. We respectfully ask that the City of Brea consider future edits to Sample Service Agreement, specifically Section 13 Indemnification.
Section Page # Term, Condition, Specification Exception & Benefit to City City A or D 28 13. Indemnification See Below Unsure
JJ Kane is the online marketplace that facilitates the sale of Seller’s items. We would like to discuss either removing the indemnity section entirely or adding indemnity for JJ Kane regarding the condition of the items that are owned by the City and are being sold. As the online marketplace JJ Kane will have only possessed the items for a short time, and we feel that JJ Kane should not be responsible if a thirdparty claim is brought based on the condition of the item.
It should be noted that the items will be sold As-Is / Where-Is with no warranties of any kind, express or implied, and the terms and conditions listed on the invoice the buyers sign after they have won an item, as well as the buyer terms and conditions that the buyers must click through in order to be able to bid and ultimately buy an item both give good protection to Seller.
Sincerely,
Breanna Sullivan
Technical Sales Representative
(515) 360-2746
[email protected]
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0
REQUEST FOR PROPOSALS
As-Needed Auction Services for City Surplus Items
2025.11.26.01
STANDARD FORM E
STATUS OF PAST AND PRESENT CONTRACTS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation. As used in this form, “Proposer” means Proposer or any 10% or greater owner of the proposing company; “Contract Termination” means termination for cause by any other party to a contract with the Proposer; “Settlement” means settlement of any claim or lawsuit brought against Proposer in connection with Proposer’s services; and, “Legal Action” means any lawsuit alleging fraud, breach or any other misconduct by, or filed against, Proposer.
By checking the above box, Proposer declares that the Proposer has not had any Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder and currently does not have any pending Contract Terminations, Settlements, or Legal Actions.
One or More Contract Terminations, Settlements, or Legal Actions By checking the above box, Proposer declares that the Proposer has had either one or more Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder in which case, Proposer must provide a list for all such contracts and include:
Contract Title, Contract Value, Termination Date, Company Name, Contact Name, Phone Number, and Reasons for and descriptions of the Terminations, Settlements, or Legal Actions.
The Proposer acknowledges that City may: reject any declarations that are not accompanied with the required documentation as described above; or reject any Proposals wherein Proposer has had any Terminations, Settlements, or Legal Actions that City in its sole discretion deems unacceptable.
Signature: ____________________________________________ Name/Title Date: ____________________________________________ (Proposer’s Company Name)
No Contract Terminations, Settlements, or Legal Actions JJ Kane Associates, Inc dba JJ Kane Auctions
X
Gene Govoreau / Senior Account Manager
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0
REQUEST FOR PROPOSALS
As-Needed Auction Services for City Surplus Items
2025.11.26.01
STANDARD FORM F
INSURANCE COMMITMENT FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation.
(Proposer’s Company Name)
Proposer acknowledges that:
City reserves the right to modify the insurance requirements as set for in the Insurance Requirements section of the Agreement including limits, based on nature of the risk, prior experience, insurer, coverage, or other special circumstances.
City’s acceptance and/or approval of the proposer’s insurance documents does not and shall not be construed to relieve proposer of any obligations, responsibilities or liabilities under any resultant Contract.
Proposer’s failure to comply with the required insurance as set forth in the Insurance Requirements of the Agreement is a breach of contract, which may result in one or more of the following: suspension of work, suspension or termination of contract, remuneration of procurement costs for obtaining a replacement contractor, and suspension from submitting future proposal based on proposer’s default.
Proposer, at Proposer’s sole cost and expense, hereby promises and agrees to:
Acquire required insurance set forth in the Insurance Requirements of the Agreement.
Provide policies of insurance from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California prior to commencing any work and allowing any subcontractor to commence work on any subcontract until it has secured all required insurance unless otherwise permitted or waived in writing by City’s Risk Manager.
Maintain in force at all times during the term of any Contract, insurance policies as set forth in the Insurance Requirements of the Agreement; replace any policies whose carrier’s rating falls below A VII with policies that meet or better the required A VII rating no later than the renewal date of the policy; amend, supplement, or endorse existing insurance policies that do not meet the insurance requirements set forth in the Insurance Requirements.
Proposer certifies, represents, and commits to all the Insurance Requirements of the Agreement.
Signature: ____________________________________________ Name/Title Date: ____________________________________________ JJ Kane Associates, Inc dba JJ Kane Auctions
Gene Govoreau / Senior Account Manager
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0
REQUEST FOR PROPOSALS
As-Needed Auction Services for City Surplus Items
2025.11.26.01
STANDARD FORM G
PROPOSER QUALIFICATIONS RESPONSE FORM
(Proposer’s Company Name)
Proposers must have demonstrated trustworthiness, as well as the necessary quality, fitness, capacity, and experience to satisfactorily provide the requirements specified in this Solicitation based on prior experience with city, references, and other available information.
Provide the information requested below. Do not omit or renumber any sections. All items listed must be submitted and checked off to ensure qualification responsiveness.
1. Background.
Please provide the following information about your company:
☐ Your company’s full legal name, address, phone, fax, email, website. ☐ Prior company names (if any) and years in business; mergers, buyouts, etc. ☐ Organizational structure (i.e. corp., LLC, sole proprietorship, etc.). ☐ Names and titles of the principal owner(s).
☐ Person(s) authorized to make commitments for your company. ☐ Special recognition or awards.
2. Experience.
Provide the following information relative to required services:
☐ Summary of Experience with similar kinds of work.
☐ Familiarity with state and federal procedures.
☐ Experience working with public agencies.
☐ Narrative of the working relationship with current business references for information not already included in the References Form.
3. Qualifications.
Provide the following information relative to required services:
☐ Financial responsibility.
☐ Demonstrated Technical Ability.
☐ Capability of developing innovative or advanced techniques. ☐ Special qualifications, training, credentials.
☐ Staff names, titles, role, qualifications, and experience assigned to this Project. ☐ Designated project manager assigned to this Project.
JJ Kane Associates, Inc dba JJ Kane Auctions
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0
REQUEST FOR PROPOSALS
As-Needed Auction Services for City Surplus Items
2025.11.26.01
4. Understanding.
Provide the following information relative to required services:
☐ Understanding of the work to be done based on this Solicitation. ☐ Include issues that you believe will require special consideration for this Project. ☐ Identify unique approaches or strengths your company has relative to required services.
5. Approach.
Provide the following information relative to required services:
☐ Understanding of the work to be done.
☐ Adequacy of labor and resources to satisfactorily perform the requested services and meet the City’s needs.
☐ Names and titles of key management personnel.
☐ Team to be assigned for these services.
Submitted by:
Signature: ____________________________________________ Name/Title Date: ____________________________________________ x
x
x
x
x
x
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Gene Govoreau / Senior Account Manager
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0
REQUEST FOR PROPOSALS
As-Needed Auction Services for City Surplus Items
2025.11.26.01
STANDARD FORM H
FIRM PROPOSAL FORM
(Proposer’s Company Name)
FIRM PROPOSAL made by Proposer to the City of Brea:
I, the undersigned, hereby represent and warrant that I am authorized to submit this Proposal on behalf of and to bind the principals who I represent, to all the requirements of the City of Brea’s Terms and Conditions, Specifications, Scope or Work, any attachments, exhibits, amendments; and I offer and agree to those requirements at the prices set forth in the Proposal Form.
Further, I understand that no contract exists unless City accepts this Proposal by executing the attached Agreement.
Business Name: ___________________________________________ Business Address: ___________________________________________ Federal ID#: ___________________________________________ If any Work is a Public Works Contractor Lic#: _________ DIR#: _________ Business Type: ______ 1. Individual/Sole Proprietor or Single-Member LLC; 2. C Corporation; (Proposer enter a number) 3. Corporation; 4. Partnership; 5. Trust/Estate; 6. Limited Liability Co.
By: _______________________________ By: _______________________________ Name: Name:
Title: Title:
Email: Email:
Date Signed: ________________________ Date Signed: ________________________ CORPs: Chairperson, President, Vice President CORPs: Secretary, Assist. Secretary, Chief Finance LLCs Manager Officer, Assist. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), for limited liability companies, both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] JJ Kane Associates, Inc dba JJ Kane Auctions
JJ Kane Associates, Inc dba JJ Kane Auctions
4510 Muth Way, Jurupa Valley, CA 92509
22-2948211
3 N/A
Breanna Sullivan
Technical Sales Representative
[email protected]
Gene Govoreau
Senior Account Manager
[email protected]
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0 12/19/2025 12/19/2025
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0
REQUEST FOR PROPOSALS
As-Needed Auction Services for City Surplus Items
2025.11.26.01
STANDARD FORM I
PRICE FORM
JJ Kane Associates, Inc dba JJ Kane Auctions
(Proposer’s Company Name)
Separate and describe your tasks, and associated costs, for the Scope of Services requirements.
Attach additional pages if necessary.
Please note that pricing Must Be All-Inclusive. EACH PROPOSAL MUST BE INCLUSIVE OF ALL COSTS TO PERFORM THE REQUIRED SERVICES. Any and all costs of labor, transportation, materials, software, equipment, proprietary licenses, and any and all other fees, costs, taxes, insurance, and expenses necessary to comply with the requirements of this RFP and to provide the Services, must be included in the proposal price.
Auction Commission Fee to Seller for Vehicle & Heavy Equipment Items 3% Auction Commission Fee to Seller for Palletized & Miscellaneous Items 15% Buyer Premium Fee (Paid by Winning Bidder) 15%
Online Auction Fee to Proxibid (Paid by Winning Bidder) 2% N/A
Additional comments/remarks:
_____________________________________________________________________________
JJ Kane can also offer the following services at the request of the City of Brea: Non-mechanical repairs, Decal removal, and Key replacement. JJ Kane does not submit separate invoices for these services; instead, all fees will be deducted from auction payout to the City. No services will be completed without approval from the City.
Administrative fee charged to winning bidder:
· $125 will be charged on all titled or transferable items · $10 will be charged on all non-titled items sold between $0-$499 · $50 will be charged on all non-titled items sold $500 and above Non-Sellable Items- On Approval / Per Load $650
Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0 Docusign Envelope ID: 0844C9E1-7862-4058-B85C-33D1E8EB6BB0 CITYof BREA
City Council Regular Meeting
Communication
April 7, 2026
Item No. 5C.
OC Animal Care Service Contract
TO PREPARED BY
Honorable Mayor and City Council Members Tiara Solorzano, Management Analyst II
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Kristin Griffith, City Manager Kristin Griffith, City Manager
RECOMMENDATION
Staff recommends the City Council:
1. Approve the Master Agreement for Provision of OC Animal Care Services between the County of Orange and the City of Brea for the period of May 31, 2026, through May 30, 2031; and
2. Authorize the City Manager, or designee, to execute the Master Agreement and all annual Notice of Intents.
BACKGROUND/DISCUSSION
For more than 40 years, the City of Brea has contracted with the County of Orange for animal care and control services. Brea is one of fourteen (14) cities that currently partner with Orange County Animal Care (OCAC), which provides comprehensive services on behalf of the City, including animal control and field response, sheltering and care, licensing and rabies control, veterinary services, adoption and redemption, emergency response, public education, and volunteer coordination.
On April 12, 2016, the Orange County Board of Supervisors approved both a ten-year Participation Agreement to finance construction of a new regional animal shelter in the City of Tustin and a ten-year Agreement for Provision of Animal Care Services. Fourteen (14) cities, including Brea, entered into both agreements to support development of the new shelter and continue receiving regional animal care services. These agreements are set to expire on May 30, 2026.
New Animal Shelter Facility Costs
As a condition of participating in the current Master Agreement, the City will have contributed $419,048, toward the construction of the new OCAC shelter in Tustin at the conclusion of the contract term. Fiscal Year (FY) 2025–26 represents the final year of the construction agreement, after which the City will no longer be required to make contributions toward facility construction. This will show annual savings in the City’s general fund of approximately $40,000 beginning with the new agreement term, if approved by Council.
Animal Care Costs NOI vs. Actuals
The City pays the County annually for services provided by OCAC. Each spring, OCAC provides a Notice of Intent (NOI), to each contracting city that provides an estimate for the upcoming FY’s service costs based on projected service levels and the County’s approved fee schedule. The City’s actual cost is based on services rendered, offset by revenues generated from business and pet licensing fees collected within Brea. Historically, the City has used the NOI to establish the budget to cover OCAC services. The table below provides a 5-year history of NOI’s and the actual costs of OCAC service. Note, the FY 25-26 Actual is a current net cost estimate provided by OCAC based on services provided as of 01/31/2026.
FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26
NOI $314,350 $271,597 $364,276 $364,276 $386,272
Actual $291,813 $283,349 $338,777 $322,303 $371,368
Historically, Brea’s annual cost for OCAC services ranges from approximately $280,000 to $370,000. Actual costs are typically lower than the NOI, as charges are based on actual service utilization. However, costs may exceed estimates in years with increased demand, such as during large-scale animal welfare cases or service spikes.
Proposed New Master Agreement
On February 24, 2026, the Orange County Board of Supervisors approved the new Master Agreement for Provision of OC Animal Care Services between the County of Orange and contracting cities (New Master Agreement) (Attachment 1). The New Master Agreement was developed in collaboration with cities currently receiving OCAC services in anticipation of the expiration of the existing agreement on May 30, 2026.
As part of this effort, OC Animal Care worked with a committee of five (5) City Managers appointed by the Orange County City Managers Association (OCCMA) representing the cities of Placentia, Yorba Linda, Villa Park, Fountain Valley and Lake Forest, to review and develop updated terms for a new Master Agreement for Provision of Animal Care Services. Notable changes included in the New Master Agreement are outlined below.
Consolidated Agreement: For the past 10 years, two (2) separate agreements have been in place with cities and OCAC. With construction costs anticipated to be paid in full by May 2026, the animal shelter construction agreement will no longer be necessary. The New Master Agreement is strictly for animal care services and incorporates select provisions from the former construction agreement, including language related to new cities entering the agreement and continuity of shelter access should the County discontinue use of the facility.
Term Length: The agreement establishes a five (5) year term with no automatic renewal.
Billing Structure: To help stabilize quarterly billing, cities will be billed at one-quarter (¼) of the NOI rate for each of the first three quarters or actual utilization, whichever is higher. This approach allows the fourthquarter billing to be the lowest and based on actual costs, helping prevent a large year-end payment that could cause some cities to exceed their budgets without an opportunity to adjust.
New City Participation: Additional provisions clarify how new cities may join. Existing member cities will not be responsible for paying any additional costs associated with service expansion or construction of additional shelter space resulting from the new city’s participation. If no expansion is needed, the new cities will contribute an additional 5% above their NOI toward already planned CIP projects, which would help reduce costs for existing member cities.
Service Flexibility: Each member city will be consulted if the Orange County Board of Supervisors requests OCAC to provide additional services. Any additions, expansions, or changes to service categories that would impact NOI will require 12 months’ notice to cities, along with the opportunity to opt-in or out of the new service.
Enhanced Reporting: Separate from the contract renewal, OCAC will now provide each member city with a monthly report outlining services provided, tailored to each city and broken down by service type.
The proposed Master Agreement does not change the scope of services provided to Brea or the overall cost structure. Approval of the agreement will ensure continued, uninterrupted animal care services for Brea residents and maintain the City’s participation in the regional animal care system.
FISCAL IMPACT/SUMMARY
Funding for animal care services is already programmed in the adopted FY 2026-27 Operating Budget, and no additional appropriation is needed in the City’s General Fund (110) at this time. If service usage increases during the term of the agreement and results in higher costs, staff will evaluate the impact and request any necessary adjustments through the City’s annual budget process.
Approval of the new Master Agreement will allow the City to continue receiving comprehensive animal care services through OC Animal Care without changes to service levels or funding structure. Additionally, the City’s annual payment for the OCAC animal shelter capital investment will conclude, realizing approximately $40,000 in annual savings beginning with the new agreement term.
Attachments
Attachment 1 - Agreement for Provision of OC Animal Care Services - City of Brea.pdf
AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF BREA
MAY 31, 2026 THROUGH MAY 30, 2031
THIS AGREEMENT entered into this 31 day of May, 2026, which date is enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State of California (“COUNTY”) and the CITY OF BREA (“CITY”). This AGREEMENT shall be administered by County of Orange OC Community Resources (“ADMINISTRATOR”). COUNTY and CITY may be referred to individually as a “PARTY” and collectively as the “PARTIES.” W I T N E S S E T H:
WHEREAS, COUNTY owns, and through OC Animal Care operates, an animal care shelter facility at 1630 Victory Road, Tustin, California (“SHELTER"); and WHEREAS, CITY wishes to contract with COUNTY for the provision of the Animal Care Services described herein; and
WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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CONTENTS
PARAGRAPH PAGE
Title Page.................................................................................................................................. 1 Contents.................................................................................................................................... 2 Referenced Contract Provisions.............................................................................................. 3 I. Alteration of Terms.................................................................................................................. 4 II. Indemnification and Insurance ................................................................................................ 4 III. Notices...................................................................................................................................... 5 IV. Severability............................................................................................................................... 5 V. Status of the Parties.................................................................................................................. 5 VI. Term ......................................................................................................................................... 6 VII. Termination .............................................................................................................................. 6 VIII. Third Party Beneficiary ........................................................................................................... 7 IX. Waiver of Default or Breach.................................................................................................... 7 X.Use of Shelter Upon Discontinuance of Use by County……………………………………. 7 XI.Participation of New Cities…………………………………………………………………. 8 XII.Governing Law and Venue………………………………………………………………….. 8 XIII.Attorney Fees.............................................................................................................................. 8 XIV.Appropriations………………………………………………………………………………… 8
Signature Page.......................................................................................................................... 10
EXHIBIT A
I. Definitions................................................................................................................................ 1 II. Services to be Provided by County ......................................................................................... 1 III. Payments .................................................................................................................................. 4 IV. City Manager’s Association Animal Care Committee ........................................................... 5 V. Laws and Regulations.............................................................................................................. 5 VI. Reports...................................................................................................................................... 6 VII. Records..................................................................................................................................... 6
EXHIBIT B
Animal Care Notice of Intent................................................................................................1 Page //
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REFERENCED CONTRACT PROVISIONS
Term: MAY 31, 2026 through MAY 30, 2031
Notices to COUNTY and CITY:
COUNTY: County of Orange
OC Community Resources
Director’s Office
1770 North Broadway
Santa Ana, CA 92706-2642
and
County of Orange
OC Community Resources
OC Animal Care Director
1630 Victory Rd.
Tustin, CA 92782
CITY: Kristin Griffith
City Manager
City of Brea
1 Civic Center Circle
Brea, CA 92821
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CITY OF BREA 4 of 10
I. ALTERATION OF TERMS
This AGREEMENT, together with Exhibit A and B, attached hereto and incorporated herein by reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of this AGREEMENT, and shall constitute the total agreement between the PARTIES for these purposes.
No addition to, or alteration of, the terms of this AGREEMENT, whether written or verbal, shall be valid unless made in writing and formally approved and executed by both COUNTY and CITY.
II. INDEMNIFICATION AND INSURANCE
A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board (“COUNTY INDEMNITEES”) harmless from any claims, demands, including defense costs, or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by CITY pursuant to this AGREEMENT. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court.
Neither PARTY shall request a jury apportionment.
B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, demands, including defense costs, or liability of any kind or nature, including but not limited to, personal injury or property damage, arising from or related to the services, products or other performance provided by COUNTY pursuant to this AGREEMENT. If judgment is entered against COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither PARTY shall request a jury apportionment.
C. Each PARTY agrees to provide the indemnifying PARTY with written notification of any claim related to services provided by either PARTY pursuant to this AGREEMENT within thirty (30) calendar days of notice thereof, and in the event the indemnifying PARTY is subsequently named party to the litigation, each PARTY shall cooperate with the indemnifying PARTY in its defense.
D. Without limiting CITY’s indemnification, CITY warrants that it is self-insured or shall maintain in force at all times during the term of this AGREEMENT, the policy or policies of insurance covering its operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY shall provide evidence of such insurance.
E. Without limiting COUNTY’s indemnification, COUNTY warrants that it is self-insured or shall maintain in force at all times during the term of this AGREEMENT, the policy or policies of insurance covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY shall provide evidence of such insurance.
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III. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements authorized or required by this AGREEMENT shall be effective:
1. When written and deposited in the United States mail, first class postage prepaid and addressed as specified on Page 3 of this AGREEMENT or otherwise directed by ADMINISTRATOR or CITY;
2. When FAXed, transmission confirmed;
3. When sent by electronic mail; or
4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service.
B. Termination Notices shall be addressed as specified on Page 3 of this AGREEMENT or as otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service.
C. Each PARTY shall notify the other PARTY, in writing, within twenty-four (24) hours of becoming aware of any occurrence of a serious nature, which may expose either PARTY to liability. Such occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any COUNTY property in possession of CITY.
D. For purposes of this AGREEMENT, any notice to be provided by COUNTY may be given by ADMINISTRATOR.
IV. SEVERABILITY
If a court of competent jurisdiction declares any provision of this AGREEMENT or application thereof to any person or circumstances to be invalid or if any provision of this AGREEMENT contravenes any federal, state, or county statute, ordinance, or regulation, the remaining provisions of this AGREEMENT or the application thereof shall remain valid, and the remaining provisions of this AGREEMENT shall remain in full force and effect, and to that extent the provisions of this AGREEMENT are severable.
V. STATUS OF THE PARTIES
Each PARTY is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this AGREEMENT. Each PARTY is entirely responsible for compensating staff and consultants employed by that PARTY. This AGREEMENT shall not be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of either PARTY’s employees, agents, consultants, or subcontractors. Each PARTY assumes exclusively the responsibility for the acts of its employees, agents, consultants, or subcontractors as they relate to the services to be provided during CITY OF BREA 6 of 10
the course and scope of their employment. Each PARTY, its agents, employees, or subcontractors, shall not be entitled to any rights or privileges of the other PARTY’s employees and shall not be considered in any manner to be employees of the other PARTY.
VI. TERM
A. The term of this AGREEMENT shall commence as specified on Page 3 of this AGREEMENT.
B. The term of this AGREEMENT shall be automatically renewed each July for twelve (12) additional months, for a period of five (5) years, provided no notice of termination has been given by either PARTY in accordance with the “TERMINATION” paragraph of this AGREEMENT.
VII. TERMINATION
A. COUNTY may terminate this AGREEMENT, without cause, upon twelve (12) months written notice to CITY or immediately upon default by the CITY of its obligations hereunder.
B Upon termination, both PARTIES shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting and accounting.
C.. The obligations of COUNTY or CITY under this AGREEMENT are contingent upon the provision of sufficient funding for the services hereunder in the applicable budgets approved by the Board of Supervisors and the CITY’s City Council. In the event such funding is subsequently reduced or not appropriated, either PARTY may terminate this AGREEMENT upon thirty (30) calendar days written notice to the other PARTY. CITY acknowledges that the sharing of costs among the COUNTY and all contracting cities provides cost efficiencies and operational savings to COUNTY and each contracting city, and that COUNTY and each contracting city have entered into their services agreements in reliance on such shared costs and resulting savings. CITY further acknowledges that the withdrawal by CITY from the program would increase the financial burden of services on COUNTY and all remaining contracting cities, and acknowledges and agrees that it is the current intent of CITY to acquire Animal Care Services from the COUNTY pursuant to this AGREEMENT for a term of at least five (5) years, and that other cities acquiring services from the COUNTY are relying on CITY’s stated intention and the sharing of costs with CITY in electing to acquire similar services. CITY acknowledges and agrees that this AGREEMENT is contingent upon other local cities entering into similar agreements with the COUNTY to provide Animal Care Services for a period of five (5) years, and that this AGREEMENT will not be effective until other cities enter into similar agreements with the COUNTY to provide an estimated annual aggregate of at least 75% of the dollar value of Animal Care Services provided to contract cities during the twelve months prior to execution of this AGREEMENT.
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VIII. THIRD PARTY BENEFICIARY
Neither PARTY intends this AGREEMENT to create rights hereunder in any third parties including, but not limited to, any subcontractors or any clients provided services hereunder.
IX. WAIVER OF DEFAULT OR BREACH
Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any breach of any provision of this AGREEMENT shall not be considered a waiver of any subsequent breach.
Waiver of any default or any breach shall not be considered a modification of the terms of this AGREEMENT.
X. USE OF SHELTER UPON DISCONTINUANCE OF USE BY COUNTY
A. The SHELTER, which is owned and operated by COUNTY, shall be used by COUNTY for the provision of services for contracting cities and COUNTY unincorporated areas, as needed, pursuant to the terms of current and future services agreements. In the event COUNTY elects to discontinue usage of the SHELTER for animal sheltering purposes prior to December 31, 2066, COUNTY shall offer to those CITIES then currently contracting with COUNTY, whose AGREEMENTS contain this provision, to receive services pursuant to a services agreement the opportunity to lease the SHELTER strictly for animal sheltering purposes until such date, at a costs of $1.00 per year plus all rental costs, if any, owed to South Orange County Community College District (SOCCCD) pursuant to the Ground Lease entered into between COUNTY and SOCCCD.
B. Each and every CITY exercising this option shall be responsible for all operational costs; utility costs; maintenance, alteration, repair, and improvement costs; and any other costs of sustaining and operating an animal shelter at the site and shall indemnify COUNTY for any costs or liabilities resulting from or relating to the site. Upon exercise of the option, the COUNTY and the optioning CITIES shall use best efforts to negotiate mutually agreeable terms for the resulting lease. If the PARTIES cannot agree to mutually agreeable terms within one hundred and eighty (180) days after the exercise of the option, the option will terminate. The option provided for in this subsection is exclusive to those CITIES described above and may only be exercised collectively by those CITIES that elect to exercise the option or, if only one CITY wishes to do so, by that single electing CITY. The option must be exercised, if at all, within one hundred and eighty (180) days after COUNTY notifies CITIES of its decision to discontinue use of the SHELTER for animal sheltering purposes. The option provided herein shall be contingent upon the ground lease not terminating by its terms prior to COUNTY obtaining fee hold possession of the site.
C. In the event COUNTY does not yet have fee hold possession of the site as of April 29, 2034, the expiration date of the ground lease, COUNTY shall, at least six months prior to that date, consult with those CITIES then contracting with COUNTY for SERVICES regarding proposed methods of accessing continued use of the site.
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XI. PARTICIPATION OF NEW CITIES
A. After full execution of this AGREEMENT, cities not a PARTY to this AGREEMENT (either new cities or cities previously a PARTY to this AGREEMENT whose AGREEMENT has terminated) may be added to the COUNTY’s Animal Care Services program at the discretion of and under terms deemed acceptable by the COUNTY. If such new or returning city requests to participate in the Animal Care Services program, and COUNTY elects to provide Animal Care Services to such city, such city will be required to pay all, or, if such expansion is necessitated by the participation of multiple new and/or returning cities, its pro rata portion, of the costs of any SHELTER expansion attributable to such city’s anticipated use of the SHELTER. If the COUNTY determines, at its sole discretion, that no expansion is required to accommodate a new or returning city, said city or cities shall be required to pay, in addition to actual annual costs, 5% of its Notice of Intent (see Exhibit A, Section II.A) for shelter maintenance and repair which shall be used by COUNTY to defray the cost of capital projects for the current PARTIES to this Agreement whose contracts did not terminate. CITY payment of 5% above annual Notice of Intent shall be limited to the term of this AGREEMENT. For the sake of clarity and avoidance of misunderstanding, new or returning cities will not be offered the option to lease SHELTER facilities pursuant to the “USE OF SHELTER UPON DISCONTINUANCE OF USE BY COUNTY” paragraph of this AGREEMENT.
XII. GOVERNING LAW AND VENUE
This AGREEMENT has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the PARTIES hereto agree to and hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the PARTIES specifically agree to waive any and all rights to request that an action be transferred for trial to another county.
XIII. ATTORNEY’S FEES
In any action or proceeding to enforce or interpret any provision of this AGREEMENT, or where any provision hereof is validly asserted as a defense, each PARTY shall bear its own attorney's fees, costs and expenses.
XIV. APPROPRIATIONS
During the term of this AGREEMENT, for each fiscal year, CITY shall make reasonable efforts to adopt all necessary budgets and make all necessary appropriations for all payments due hereunder. To the extent COUNTY has not terminated this AGREEMENT as provided hereunder, the CITY shall continue to make reasonable efforts to make all payments required hereunder.
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[SIGNATURE PAGE FOLLOWS.]
CITY OF BREA 10 of 10
IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT in the County of Orange, State of California.
CITY OF BREA
BY: DATED:
Kristin Griffith, CITY MANAGER
ATTEST:
BY: DATED:
CITY CLERK
APPROVED AS TO FORM:
BY: DATED:
CITY ATTORNEY
COUNTY OF ORANGE
BY: DATED:
TITLE:
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY: DATED:
DEPUTY
CITY OF BREA 1 of 7 EXHIBIT A
EXHIBIT A
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF BREA
MAY 31, 2026 THROUGH MAY 30, 2031
I. DEFINITIONS
A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing Animal Care Services to CITY pursuant to this AGREEMENT.
B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, the estimated cost of the services, and the effective date.
C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as specified, by category, in Paragraph II.B. of Exhibit A to this AGREEMENT.
D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by COUNTY to CITY pursuant to this AGREEMENT.
E. "Fiscal Year" means a twelve (12)-month period from July through June.
F. "Net Cost" means Actual Cost minus Fee Revenue.
G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service category.
II. SERVICES TO BE PROVIDED BY COUNTY
A. ANIMAL CARE NOTICE OF INTENT
1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified below in subparagraph II.B. of Exhibit A to this AGREEMENT, CITY would like COUNTY to provide during the next Fiscal Year. CITY and COUNTY may agree to individualized levels of Service Details within the Animal Care Services selected. Requests for individualized levels of Service Details will only be considered by COUNTY if the resulting service level will not conflict with state or federal statutes and will not endanger public health.
2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of Intent which shall include, but not be limited to, a list of Animal Care Services, and individualized Service Details, if any, COUNTY agrees to provide, estimated costs for said services, and the start date for those services. COUNTY shall provide the Animal Care Services specified in the Animal Care Notice of Intent signed by both ADMINISTRATOR or designee, and an authorized representative of CITY.
3. Upon mutual AGREEMENT of CITY and COUNTY, COUNTY may prepare a new or CITY OF BREA 2 of 7 EXHIBIT A
amended Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.1. and II.A.2. of Exhibit A to this AGREEMENT, and may modify the format of the Animal Care Notice of Intent attached to this AGREEMENT as Exhibit B.
B. ANIMAL CARE SERVICES – COUNTY provides the following seven (7) categories of Animal Care Services. COUNTY shall provide to CITY the Animal Care Services specified on the most current, Animal Care Notice of Intent for the Fiscal Year, signed in accordance with subparagraph II.A.2. of this Exhibit A to the AGREEMENT. Each category of service includes Service Details which may be added or changed by ADMINISTRATOR upon six (6) months prior notification to CITY. However, any new Service Level Details not required by law and which were not contemplated or included in the Animal Care Notice of Intent approved by the PARTIES and in place at the time of the proposed change(s) shall require twelve (12) months prior notice to CITY, and CITY may opt in of the New Service Level Details.
1. ANIMAL CONTROL SERVICES – Animal Control Services include, but are not limited to, emergency response service; patrolling; impounding of stray animals and of owner-released animals; animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and impound fee collection for impounded animals; quarantine activities including home checks of animals involved in bites; site inspections required to comply with vicious dog ordinances; emergency transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for disposal; responses to requests for assistance from law enforcement and CITY officials regarding suspected criminal activities or zoning violations related to animals; advice to residents regarding wildlife management or other animal concerns, not to include wildlife eradication or relocation services; injured wildlife pick-up; animal license issuance and renewal, fee collection and payment services; customer support regarding animal licensing; animal license billing; and delinquent animal license follow-up; assistance to residents regarding potentially dangerous and/or vicious animals; impound data entry; and impound animal photography.
2. ANIMAL CARE SPECIAL SERVICES
a. Animal Care Special Services include, but are not limited to animal license issuance and renewal; fee collection and payment services; customer support regarding animal licensing; animal license billing; delinquent animal license follow-up; digital canvassing to locate and license unlicensed animals; inspection of animal-related businesses in CITY jurisdiction in response to complaints and in accordance with COUNTY established inspection schedules; and when applicable, issuance of animal permits for private homes.
3. ANIMAL CARE SHELTER SERVICES
a. Animal Care Shelter Services for animals impounded by OC Animal Care include, but are not limited to, retention of impounded animals at COUNTY’s Animal Care Shelter (Shelter), public display of animals to allow owner identification; contact of owners when animals are wearing identification; sale or release of impounded animals to residents; animal evaluation for adoption; CITY OF BREA 3 of 7 EXHIBIT A
reasonable effort toward animal placement; public education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are neither redeemed nor adopted; veterinary services and spay/neuter surgeries consistent with standards established by the California Veterinary Medical Board; and necropsies on animals that die under suspicious circumstances or at the request of law enforcement.
b. CITY may request additional retention days for healthy, non-aggressive impounded animals. Additional retention days will be offered to CITY upon written approval by COUNTY’s OC Community Resources Director, or designee, on a space available basis only. c. COUNTY agrees to maintain its Shelter in a humane manner, keep said premises in a clean condition at all times, and use humane methods of care. d. No animals may be donated, sold or otherwise released for the purposes of experimentation, research or vivisection.
4. BARKING DOG COMPLAINT SERVICES – Barking Dog Compliant Services include, but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding barking dog complaints, issuance of citations, and administrative hearings in response to complaints received by COUNTY for barking dogs within jurisdiction of CITY.
5. STANDARD LICENSING SERVICES – Standard Licensing Services include, but are not limited to, animal license issuance and renewal, fee collection and payment services; customer support regarding animal licensing; animal license billing; and delinquent animal license follow-up.
6. CITY LICENSE SERVICES
a. City License Services include, but are not limited to, issuance of CITY animal licenses at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY.
COUNTY shall provide quarterly licensing reports to CITY. b. CITY shall make its best effort to provide updated animal licensing information to COUNTY.
7. ANIMAL IMPOUND SERVICES – Animal Impound Services include, but are not limited to, data entry of impound information for each live or deceased animal from CITY, impound animal photography for each live animal, owner notification of impounded animal, and posting of animal photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged by COUNTY.
C. COUNTY shall notify CITY of COUNTY’s hours of operation for Animal Care Services.
COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior notification given to CITY.
D. Animals which are being retained for criminal prosecutions, except for violations of animal control regulations and/or ordinances pursuant to this AGREEMENT, are not to be construed as held pursuant to the services provided under this AGREEMENT; housing will be provided at the discretion of COUNTY and at COUNTY’s usual and customary charges for such housing.
CITY OF BREA 4 of 7 EXHIBIT A
E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance from CITY, its officers, agents and employees.
III. PAYMENTS
A. BASIS FOR PAYMENT
1. CITY shall pay COUNTY the Net Cost of providing Animal Care Services specified in Animal Care Notice of Intent for CITY signed in accordance with subparagraph II.A. CITY Net Costs may include services/supplies procured but not yet delivered within the Fiscal Year.
2. The methodology for determining CITY's Actual Cost of Animal Care Services shall be provided to CITY annually in accordance with the Reports paragraph of this AGREEMENT. CITY shall adopt Animal Care Services fees consistent with the most recent animal care services fees approved by the County of Orange Board of Supervisors (the “COUNTY FEES”) which fee amounts will be charged for Animal Care Services within CITY’s jurisdiction and shall be used in determining CITY's Actual Cost of Animal Care Services. If CITY wishes to adopt fees which are different from the COUNTY FEES, CITY shall notify COUNTY of the applicable fee amounts to be charged for Animal Care Services within CITY’s jurisdiction (the “CITY FEES”) and CITY FEES will be charged for Animal Care Services within CITY’s jurisdiction and shall be used in determining CITY's Actual Cost of Animal Care Services.
3. COUNTY shall record and retain all Fee Revenue derived from providing Animal Care Services to CITY. CITY’s Fee Revenue shall be credited to CITY’s Actual Cost of Animal Care Services.
COUNTY shall have all fee collection powers of CITY and shall receive full cooperation from CITY to enable efficient enforcement of fee collection.
B. PAYMENT SCHEDULE
1. Each Fiscal Year, CITY shall pay COUNTY in arrears for the Net Cost of Animal Care Services provided in accordance with the following payment schedule. Billings are due from COUNTY to CITY within thirty (30) calendar days following the three-month Period specified below.
Period Billing Due Payment Due
July 1 through September 30 October 30 November 25
October 1 through December 31 January 30 February 25
January 1 through March 31 April 30 May 25
April 1 through June 30 July 30 August 25
2. Because Actual Costs may fluctuate based on service utilization during a given billing period (e.g. a hoarding case), CITY shall be billed either in equal installments based on its Notice of Intent for that year, or based on actual utilization for the period, whichever is greater for the first three quarters of the year with the final, fourth quarter billed on actual utilization for the full year of services.
CITY OF BREA 5 of 7 EXHIBIT A
3. If payment is not received by COUNTY by the payment due date specified above in subparagraph III.B. of Exhibit A to this AGREEMENT, COUNTY may cease providing any further service under this AGREEMENT and may satisfy the indebtedness in any manner prescribed by law.
4. COUNTY may modify the payment schedule upon six (6) months written notification to CITY.
IV. CITY MANAGERS ASSOCIATION ANIMAL CARE COMMITTEE
A subcommittee of the Orange County City Managers Association representing all cities participating in OCAC services exists to facilitate communication between OCAC and the city managers and staff of participating cities regarding financial and operational matters of OCAC, including, but not limited to: the assessment of cost options for animal care services provided under the Services Agreements; supplemental services or financial requests which result in a change to a participating city’s Actual Cost; consideration of new or adjusted fees; and other Service Details which may arise during the course of the AGREEMENT. COUNTY shall provide regular updates on operations to the City Managers Association Animal Care Committee and to a participating city upon request.
V. LAWS AND REGULATIONS
A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services provided by COUNTY to CITY may be changed to comply with said laws, regulations, and requirements.
ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact Animal Care Services provided through this AGREEMENT.
B. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care Notice of Intent, CITY shall enact and maintain in full force and effect ordinances identical to COUNTY ordinances which apply to said service, including but not limited to, those related to fees.
ADMINISTRATOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend provision of one or all Animal Care Services to CITY or may terminate this AGREEMENT. It is the sole responsibility of CITY to immediately notify COUNTY of any discrepancy between relevant ordinances maintained by CITY and those maintained by COUNTY.
D. If CITY wishes to maintain any relevant ordinance that is not consistent, on any point, with COUNTY ordinances, CITY shall immediately notify COUNTY of the discrepant ordinance. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of COUNTY animal care ordinances and may agree to enforce, and issue citations for violations pursuant to, the discrepant CITY ordinance. CITY acknowledges that individualized enforcement of unique CITY ordinances may result in increased costs to CITY.
CITY OF BREA 6 of 7 EXHIBIT A
E. CITY shall notify COUNTY of its intent to add, amend, or delete any CITY animal care ordinance at least ninety (90) calendar days in advance of its addition, amendment, or deletion.
F. CITY may request that specific ordinances adopted by CITY not be enforced in CITY by COUNTY. Requests for exclusion must be submitted in writing and received by COUNTY ninety (90) calendar days prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if they are not in conflict with state statutes and do not endanger public health. COUNTY shall notify CITY, in writing, of COUNTY’s decision regarding the requested exclusion.
G. COUNTY’s OC Community Resources Director, or designee, may provide assistance to CITY in defining the manner in which enforcement of a new or amended animal care ordinance would be provided by COUNTY. Requests for assistance must be made in writing and received by COUNTY ninety (90) calendar days prior to the requested implementation of the service. If the cost of such service can be delineated and accommodated by COUNTY, COUNTY will send an amended Animal Care Notice of Intent to CITY which will include reference to the CITY ordinance.
H. CITY will reimburse COUNTY for ordinance enforcement, as specified in the “PAYMENTS” paragraph of this AGREEMENT.
VI. REPORTS
A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care Services revenue and expenses for each period specified below. Said reports will be due to CITY within thirty (30) calendar days of the month following the reporting period, in accordance with the schedule below:
Period Reports Due
July 1 through September 30 October 30
October 1 through December 31 January 30
January 1 through March 31 April 30
April 1 through June 30 July 30
B. Each Fiscal Year, COUNTY shall provide the following Animal Care Services reports to CITY by July 30:
1. A payment methodology report for Animal Care Services to be provided by COUNTY during the next Fiscal Year and
2. A Fiscal Year intake and outcome report.
C. COUNTY may change the due dates for reports specified in subparagraphs VI.A. and VI.B. above upon six (6) months written notification to CITY.
D. No less than once every three (3) years, COUNTY shall engage an external auditor to review CITY billings.
CITY OF BREA 7 of 7 EXHIBIT A
VII. RECORDS
A. All records created or received by COUNTY in accordance with the performance of COUNTY services pursuant to this AGREEMENT are confidential. COUNTY agrees to keep said records in such form and manner as the Auditor-Controller of COUNTY shall specify. Said records shall be open for examination by CITY at all reasonable times.
B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed animal upon demand without additional expense or cost to CITY. Any such information requested which is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to government code. Prior to each disclosure, CITY agrees to complete and return to COUNTY a “Confidentiality Agreement” on a form approved or provided by COUNTY. The PARTIES agree and understand that this procedure is required by the Public Records Act and necessitated to permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said information. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of such records, and permitted by state law to disclose them voluntarily. //
//
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CITY OF BREA 1 of 1 EXHIBIT B
EXHIBIT B
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF BREA
MAY 31, 2026 THROUGH MAY 30, 2031
ANIMAL CARE NOTICE OF INTENT
This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: «NOI_START» through «NOI_END». COUNTY agrees to provide to the City of «COMPANY2» the following Animal Care Services beginning «NOI_EFFECTIVE»:
«SERVICE1»
«SERVICE2»
«SERVICE3»
«SERVICE4»
«SERVICE5»
The total estimated cost for Animal Care Services specified above is «TOTAL_COST_».
This is a new Animal Care Notice of Intent for the Period indicated above.
This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above.
Significant Changes Since the Previous Animal Care Notice of Intent:
To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY.
City of Brea Representative and Title Date
OC Animal Care Director Date
CITYof BREA
City Council Regular Meeting
Communication
April 7, 2026
Item No. 5D.
Adopt Resolution and approve New and Amended Job Descriptions and Salary Tables for Various Positions, Amend the Position Allocation List for FY 25/26, and Place the Classifications in the Appropriate Bargaining Units for Representation Purposes
TO PREPARED BY
Honorable Mayor and City Council Members Mario Maldonado, Human Resources Manager
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Kristin Griffith, City Manager Kristin Griffith, City Manager
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Approve the Resolution No. 2026-14 adopting job descriptions and salary tables for the positions of Water Quality Specialist and Building Maintenance Crew Leader.
2. Approve placing the classification in the Brea City Employees’ Association (BCEA) bargaining unit for representation purposes.
3. Approve amending the City’s Position Allocation List to include these positions in the appropriate Department and/or Division.
BACKGROUND/DISCUSSION
As part of the City’s ongoing commitment to maintaining an effective and competitive workforce, the Human Resources Division initiated a comprehensive review and modernization of job classifications on an annual basis.
This effort was designed to ensure that job classifications, job functions and minimum qualifications accurately reflect current operational needs, evolving industry standards, and changing work scope across departments. The first set of classifications that were modernized and/or created for succession planning purposes was approved during the January 21, 2025, City Council meeting. This staff report represents the second year of the City’s annual review of job classification modernization efforts. Human Resources, through department requests, has identified two (2) job classifications for City Council consideration. In addition, there is one (1) resolution authorizing the creation of new positions. The goal is to modernize job descriptions and update salary ranges in accordance with market analysis of comparable cities. The newly created Water Quality Specialist job classification is a result of the previously authorized full-time positions approved during the June 17, 2025, City Council meeting.
New Job Classifications
Water Quality Specialist. With the recent adoption of the Cross-Connection Control Policy Handbook (CCCPH) from the State Water Resources Control Board (SWRCB). All Public Water Systems are required to implement a Cross-Connection Control Program, as dictated by California Health and Safety Code Section 116555.5 and Section 116407. In addition to the established program, the CCCPH will require the City to have qualified personnel to do testing and maintenance to respond to potential backflow incidents within an hour, establish standard routine inspection surveys and outreach requirements. Currently, the City has approximately 2,274 backflow devices throughout the City of Brea, and with the new regulations, it will be a significant undertaking for the Water Division.
The City of Brea currently has one dedicated part-time employee who focuses on water quality, with supplemental assistance from personnel in Environmental Services and the Water Division. The addition of a Water Quality Specialist would ensure compliance with State and Federal regulations, and the undertaking of the program requirements which will alleviate workloads in other divisions. The addition of the full-time equivalent (FTE) for one (1) Water Quality Specialist was previously authorized during the budget adoption at the June 17, 2025, City Council meeting.
Building Maintenance Crew Leader. The creation of the Building Maintenance Crew Leader is part of the City of Brea’s objective to develop succession planning strategies to prepare current staff for future promotional opportunities. Historically, the City has always had a Maintenance Crew Leader classification for the Maintenance Worker I/II series as a stepping stone prior to the Supervisor classification. The City has a team of Building Maintenance Technicians whose experience, education and licenses differ from the Maintenance Worker I/II classification. The creation of the Building Maintenance Crew Leader classification will better align essential functions and supervisory responsibilities with the division’s specific operational needs. The newly established classification is tailored to the scope of work within the division, including oversight of building systems, facilities maintenance, and specialized certification requirements. Previously, supervisory responsibilities were assigned under the broader Maintenance Crew Leader classification, which was designed to support multiple divisions and did not fully capture the technical and operational nuances of building maintenance functions. The creation of a division-specific classification provides clearer expectations and supports more effective service delivery within the Building Maintenance Division.
A labor market analysis and internal review was conducted to determine compensation levels for the proposed classifications listed in the two resolutions. We found several positions in our market requiring knowledge, skills and abilities that would fall slightly “above” and slightly “below” what we are looking for. These salaries are in a range that could be used to set our position “in between.” This fits well with what was anticipated for the position with this advanced specialization and/or supervisory level and is consistent with our current compensation practices. Therefore, based on available data and current compensation, we recommend setting the salary range as listed in the attached Exhibit B.
Based on the nature of duties outlined in the job descriptions for Water Quality Specialist and Building Maintenance Crew Leader, it is proposed that the City Council assign these positions within the Brea City Employees’ Association (BCEA) for representation purposes. It is also recommended that the City Council approve the recommended compensation plan for both positions. The City has consulted with the associations and they agree with the proposed assignment of these positions to their units. Lastly, the City’s Master Salary Schedule will also be updated to add these changes and comply with CalPERS regulations.
To implement the proposed changes, the Position Allocation List, which authorizes staffing levels, must be amended to include the new positions in the appropriate department and/or division.
The approval of these positions will assist with the continuing modernization efforts on an annual basis allowing the City to build upon prior work while remaining adaptable to emerging needs. In addition, it would foster the succession planning efforts to prepare for future advancement and promotion retention within our ranks and comply with California Health and Safety Code Section 116555.5 and Section 116407.
FISCAL IMPACT/SUMMARY
The recommended salary range and benefits for the job descriptions for these new and existing positions would not result in additional costs to the City's operating budget. There will be no fiscal impacts to add the classifications to the position allocation list. Ongoing operating costs for existing positions are already budgeted within the appropriate departmental operating budget for FY 2025-26. City personnel are already staffing the Building Maintenance Crew Leader through an assignment pay clause in the MOUs. The remaining new position is intended for compliance purposes in the Water Division, ensuring the City of Brea continues to meet standards dictated by California Health and Safety Code.
The ongoing salary and benefit costs associated with any of these positions will need to be programmed in future budget cycles.
Attachments
Exhibit A- Job Classifications 2026.pdf
Exhibit B- Salary Tables.pdf
Reso BCEA Amend Classification Plan and Add the Positions Building Maintenance Crew Leader and WQ Specialist.pdf 1 CITY OF BREA
BUILDING MAINTENANCE CREW LEADER
DEFINITION
Under general supervision, leads and coordinates the work of a crew engaged in the maintenance and repair of City buildings, facilities and grounds; performs a variety of skilled work in the Building Maintenance division of the Public Works Department; performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS
This is the highest level in the building maintenance class. Positions in this class are distinguished from the Building Maintenance Technician position in that they regularly lead a crew, are responsible for day-to-day operations of the division, and perform the most technically complex tasks in the building maintenance division.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Public Works Director and Public Works Manager, or designee.
Exercises functional and technical supervision over the Building Maintenance Technicians and Maintenance Workers I and II assigned to the Building Maintenance division.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS – Duties may include, but are not limited to, the following: (These functions may not be present in all positions in this classification. When a position is to be filled, the essential functions will be noted in the announcement of position availability. Management reserves the right to add, modify, change or rescind work assignments as needed.)
Leads, assigns, and coordinates the daily work of the Building Maintenance division subordinate staff; provides guidance, technical support, and training. Assists division staff in performing complex and technical tasks.
Inspects City buildings and facilities for needed and completed maintenance and repairs; ensures compliance with established procedures.
Determines products, materials, and equipment to be used in building and facility maintenance; may interact with sales representative; prepares purchase orders; maintains inventories such as adequate materials, supplies, and tools are available; keeps records of time, material, supplies, equipment, and work performed.
Completes and complies reports, memos, correspondence as required.
Exhibit A
CITY OF BREA
Building Maintenance Crew Leader (continued)
2 Maintains knowledge of City policies and procedures for safe work practices and hazards; assist in the instruction of crew members in the proper manner and methods of various construction maintenance, repair and safety activities.
May use various power tools in order to assist and perform building and facility related maintenance.
Assist in programming and troubleshooting building HVAC and electrical systems, including HVAC DDC controls, Energy Management System and Chill Water-Cooling System.
Oversee contractor services for performance and resolve any related issues as required.
May act as Public Works Supervisor in their absence.
Performs other related duties as assigned.
QUALIFICATIONS
Knowledge of:
Tools, equipment, methods, practices, materials and processes used by Building Division.
Hazards and safety precautions of the work being performed.
General knowledge of the pumps, regulators, time clocks, valves, meters and other apparatus involved in division activities.
Applicable federal, state, and local laws, codes, and ordinances related to building trades.
Occupational hazards, safety precautions, and safe work practices including proper use and maintenance of power tools and other equipment.
Principles and procedures of recordkeeping and report preparation.
Principles and practices of lead supervision and effective training methods.
Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software relevant to work performed.
Exhibit A
CITY OF BREA
Building Maintenance Crew Leader (continued)
3 Techniques for providing high level of customer service when interacting with the public, vendors, contractors, and City staff.
Ability to:
Oversee and coordinate the work of others in the Building Maintenance Division.
Perform a range of technically complex tasks in building and facility maintenance.
Make basic estimates of materials and labor requirements for a job or project.
Operate and maintain a variety of machinery, power tools, and other equipment of the carpentry, plumbing, and electrical trades.
Understand and carry out written and oral instructions.
Maintain effective working relationships; interact effectively and courteously with the public.
Utilize a wide variety of technical data and information, such as building codes, contracts, work orders, invoices, policies, procedures, and maintenance manuals.
Prepare and maintain reports and records.
Communicate effectively, both orally and in writing.
Experience and Education
To qualify for this classification, an individual must possess any combination of experience and education that would likely produce the required knowledge and abilities, and enable the individual to successfully perform the essential functions of the position. A typical combination is:
Experience:
Five (5) years of increasingly responsible experience in plumbing, carpentry, electrical maintenance, and/or other related building construction maintenance, including one (1) year of lead or supervisory experience.
Exhibit A
CITY OF BREA
Building Maintenance Crew Leader (continued)
4 Education
Completion of high school or equivalent. Specialized vocational/technical training in building maintenance or construction is desirable.
License and Certificates
Possession of a valid Driver’s License issued from the California Department of Motor Vehicles is required upon appointment.
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS include, but are not limited to, the following:
Ability to:
Perform strenuous physical labor for extended periods of time requiring physical strength, dexterity and endurance, which includes grasping, sitting, standing, walking, bending, kneeling, pulling, pushing, twisting, lifting, and carrying on a regular basis.
Hear and speak to the general public and City staff on the telephone and in person.
Read reports, contracts, correspondence, memorandums, and other records.
Input data into computer, typewriter and calculator for prolonged periods of time.
Read written instructions and diagrams.
Exposure to:
Direct sunlight, heat, humidity, rain, wind, and cold while working outdoors.
Noisy equipment such as various hand-held power tools.
Vibration while operating vehicles or power equipment.
Computer glare.
Vibrations and pitch of computer, tablet, photocopier, and other office equipment.
FLSA: Non-Exempt
Exhibit A
CITY OF BREA
WATER QUALITY SPECIALIST
DEFINITION
Under general supervision, performs a variety of technical tasks to implement and administer the City’s water quality monitoring plan and cross-connection control plan; conducts field inspections to ensure compliance with regulations related to backflow, cross-connection prevention, and water quality; performs a variety of technical tasks relative to conducting and interpreting standard to complex laboratory analysis; and perform related duties as assigned.
DISTINGUISHING CHARACTERISTICS
This is a journey level classification in the Utility Division of the Public Works Department and is responsible for performing a variety of general and technical tasks specifically related to water quality, cross connection, backflow prevention and other water related issues. This single incumbent class works independently and is responsible for maintaining records and submitting reports to the various regulatory agencies and for assisting water operations and Public Works staff in maintaining water quality standards.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Public Works Utilities Supervisor or designee.
Exercises no direct supervision.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS – Duties may include, but are not limited to, the following: (These functions may not be present in all positions in this classification.
When a position is to be filled, the essential functions will be noted in the announcement of position availability. Management reserves the right to add, modify, change or rescind work assignments as needed.)
Oversees water sampling programs and monitors results to insure compliance with all applicable regulatory agencies.
Collects bacteriological samples at sampling stations throughout the distribution system; collects water samples at all City sources including, reservoirs and import connections; compiles and reports all monitoring data to various regulatory agencies.
Reviews the results of test samples and produces various public reports; reads, interprets and implements changes in state and federal water regulations.
Reviews and updates the City’s Title 22 Drinking Water Quality Plan Exhibit A
Assist with preparation of water quality reports and conservation.
Oversees the City’s cross connection program, including coordinating cross connection control activities and inspections for unauthorized cross connections and potential interconnections.
Coordinates water production and cross connection activities with other divisions, outside agencies and organizations.
Reviews construction plans to determine compliance with cross connection program regulations. Issues shutdown orders for non-compliance with City’s cross connection control ordinances.
Reviews and updates backflow device accounts and reports.
Maintains records and files on backflow tests and survey inspections in compliance with regulatory standards.
Advises contractors, property owners, and developers of backflow prevention device installation and testing requirements.
Reviews, analyzes, and prepares a variety of records, contracts, reports, and other data.
Attends training to stay current with trends, regulations and plumbing practices.
Drives a City vehicle on City business; travels to offsite locations within and outside the City.
Perform related duties, as assigned.
QUALIFICATIONS
Knowledge of:
Water distribution systems.
Water quality testing and sampling methods to include water chemistry.
Hydraulics and plumbing systems to include plumbing techniques, practices, methods and materials.
Federal, state, and local ordinances governing water standards, inspection criteria and testing techniques in water quality sampling, approved backflow prevention devices and installation, and cross connection control hazards.
Exhibit A
Plumbing practices and the Uniform Plumbing Code.
Cross connection control inspection criteria and testing techniques.
Commercial and industrial water systems, plumbing equipment, and other various types of backflow contamination hazards to public water supply.
Proper English usage, spelling, and grammar.
Ability to:
Operate a computer and use applicable software.
Read and interpret engineering drawings and maps as it relates to plumbing plans.
Collect water samples and investigate water quality complaints in the field.
Maintain accurate records.
Understand, interpret, and apply administrative and departmental policies and procedures as well as pertinent federal, state, local policies, laws and regulations.
Prepare and deliver oral and written presentations and reports.
Perform a range of water system backflow inspection activities with minimal supervision.
Read and interpret diagnostic test results.
Communicate effectively, orally and in writing.
Establish and maintain effective and cooperative working relationships with those contacted in the course of work.
Work flexible and extended hours to accommodate City needs, including responding to after-hours emergencies within a reasonable time period.
Experience and Education
To qualify for this classification, an individual must possess any combination of experience and education that would likely produce the required knowledge and abilities, and enable the individual to successfully perform the essential functions of the position. A typical combination is:
Exhibit A
Experience:
Two (2) years of experience in water systems.
Experience in water quality or maintaining, coordinating, and administering a cross connection program is preferred.
Education:
Equivalent to an Associate’s degree in chemistry, biology, natural science or a related field
OR
An additional two (2) years of experience in water systems can supplement for the Associate’s degree.
License and Certificates
Possession of a valid Class C Driver’s License issued from the California Department of Motor Vehicles.
Possession of an American Water Works Association (AWWA) Cross Connection Control Program Specialist Certificate.
Possession of a Grade 2 Water Treatment Operator Certificate issued by the California State Water Resources Control Board.
Possession of a Grade 2 Water Distribution Operator Certificate issued by the California State Water Resources Control Board.
Possession of a Backflow Prevention Device Tester Certification issued by the Orange County Health Care Agency or equivalent must be acquired prior to the completion of one year of employment.
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS include, but are not limited to, the following:
Ability to:
Perform strenuous physical labor for extended periods of time requiring physical strength, dexterity and endurance, which includes grasping, sitting, standing, Exhibit A
walking, bending, kneeling, pulling, pushing, twisting, lifting, and carrying on a regular basis.
Lift tools and equipment weighing 50 pounds or less, such as water pipes and pipe fittings.
Hear and speak to the general public and City staff on the telephone and in person.
Read reports, contracts, correspondence, memorandums, and other records.
Input data into computer, tablet and calculator for prolonged periods of time.
Wear personal protective equipment including hardhats, gloves, goggles, respirators, face protectors, ear protection, and coveralls.
Works at heights above ground level or in confined spaces.
Exposure to:
Direct sunlight, heat, humidity, rain, wind, and cold while working outdoors.
Vibration while operating vehicles or equipment.
Vehicle or machinery exhaust fumes, dust, engine grease, oils, and chemicals used in the water industry to include chlorine, ozone and ammonia.
Computer glare.
Vibrations and pitch of computer, photocopier, adding machine and other office equipment.
FLSA: Non-Exempt
Exhibit A
Exhibit B
Building Maintenance Crew Leader
CITY OF BREA SALARY TABLE
Effective pay period beginning 04/11/2026
APPROX APPROX
STEP HOURLY MONTHLY ANNUAL
1 $34.43 $5,967.38 $71,608.57
2 $35.29 $6,116.57 $73,398.78
3 $36.17 $6,269.48 $75,233.75
4 $37.07 $6,426.22 $77,114.60
5 $38.00 $6,586.87 $79,042.46
6 $38.95 $6,751.54 $81,018.52
7 $39.92 $6,920.33 $83,043.99
8 $40.92 $7,093.34 $85,120.09
9 $41.95 $7,270.67 $87,248.09
10 $42.99 $7,452.44 $89,429.29
11 $44.07 $7,638.75 $91,665.02
Exhibit B
Water Quality Specialist
CITY OF BREA SALARY TABLE
Effective pay period beginning 04/11/2026
APPROX APPROX
STEP HOURLY MONTHLY ANNUAL
1 $34.74 $6,022.00 $72,264.00
2 $35.61 $6,172.55 $74,070.60
3 $36.50 $6,326.86 $75,922.37
4 $37.41 $6,485.04 $77,820.42
5 $38.35 $6,647.16 $79,765.93
6 $39.31 $6,813.34 $81,760.08
7 $40.29 $6,983.67 $83,804.09
8 $41.30 $7,158.27 $85,899.19
9 $42.33 $7,337.22 $88,046.67
10 $43.39 $7,520.65 $90,247.83
11 $44.47 $7,708.67 $92,504.03
RESO NO. 2026-
April 7, 2026
RESOLUTION NO. 2026-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA 1) AMENDING
THE EXISTING CLASSIFICATION PLAN, AS AMENDED, AS ADOPTED FOR CITY
EMPLOYEES, TO INCLUDE THE CLASSIFICATION SPECIFICATIONS AND
SALARY RANGE FOR THE POSITIONS OF BUILDING MAINTENANCE CREW LEADER AND WATER QUALITY SPECIALIST; 2) ASSIGNING THE
CLASSIFICATIONS TO THE BREA CITY EMPLOYEES’ ASSOCIATION FOR PURPOSES OF REPRESENTATION; AND 3) AMENDING THE POSITION
ALLOCATION LIST TO ADD THE POSITIONS WITHIN THE PUBLIC WORKS DEPARTMENT.
A. Recitals.
(i) Section 2.08 of the Brea Municipal Code provides that the City Council shall prepare, revise and maintain a position classification plan covering all positions within the classified services, including employment standards and qualifications for each classification.
(ii) The Brea Municipal Code provides that the City Council shall approve a plan of compensation directly correlated to the position classification plan and a rate or range of pay for each classification.
(iii) It is necessary, from time to time, to review and adjust the classification and compensation plan to reflect the changing organizational responsibilities of the City and to insure the efficient economical operation of the various City departments.
(iv) In order to most effectively implement and monitor the position classification plan, it is necessary, from time to time, to amend the Position Allocation List which specifies the actual number and distribution of authorized positions within the City.
RESO NO. 2026-
April 7, 2026
B. Resolution.
NOW THEREFORE, it is found, determined and resolved by the City Council of the City of Brea to:
(i) Amend the City’s existing classification plan to include the full-time classification specifications for Building Maintenance Crew Leader and Water Quality Specialist as attached hereto as Exhibit A and incorporated herein by reference. (ii) Adopt the salary range for Building Maintenance Crew Leader and Water Quality Specialist as attached hereto as Exhibit B and incorporated herein by reference.
(iii) Assign the positions of Building Maintenance Crew Leader and Water Quality Specialist to the Brea City Employees’ Association for purposes of employee representation.
(iv) Amend the Position Allocation List for FY 2025/26 to add one Building Maintenance Crew Leader and one Water Quality Specialist to the Public Works Department.
RESO NO. 2026-
April 7, 2026
APPROVED and ADOPTED THIS 7th day of April 2026.
______________________________
Cecilia Hupp, Mayor
ATTEST: __________________________
Victoria Popescu, City Clerk
I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Brea, held on the 7th of April 2026, and was adopted by the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
DATED: ______________________________
_____________________________________
Victoria Popescu, City Clerk
CITYof BREA
City Council Regular Meeting
Communication
April 7, 2026
Item No. 5E.
Second Reading of Ordinance No. 1272 to Reestablish Parking Restrictions on Public Streets for Street Sweeping
TO PREPARED BY
Honorable Mayor and City Council Members Omar Brioso , Police Sergeant
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Adam Hawley, Police Chief Kristin Griffith, City Manager
RECOMMENDATION
Staff recommends that the City Council take the following action:
1. Waive full of reading and adopt Ordinance No. 1272, "An Ordinance of the City Council of the City of Brea Amending the Brea City Code to Reestablish Parking Restrictions on Public Streets for Street Sweeping Purposes and Approving a CEQA Exemption Determination."
BACKGROUND/DISCUSSION
On March 3, 2026, the City Council introduced by title only and waived further reading of Ordinance No. 1272, which reestablishes and codifies the street-sweeping parking restrictions originally adopted by Resolution No. 2009-64. The ordinance adds Section 10.24.070 (“Parking Restrictions for Street Sweeping Purposes”) to Chapter
10.24 (Parking Limits) of Title 10 (Vehicles and Traffic) of the City Code, clarifies applicable exemptions for disabled persons consistent with state law, and provides for enforcement through fines established by City Council resolution.
The ordinance includes a finding that it has been evaluated in accordance with the California Environmental Quality Act (CEQA) Guidelines and the City's environmental regulations. Pursuant to Section 15061(b)(3) of the CEQA Guidelines, the proposed ordinance is exempt from the requirements to prepare additional environmental documentation as it can be seen with certainty that there is no possibility that adoption of the ordinance may have a significant effect on the environment.
FISCAL IMPACT/SUMMARY
There is no direct fiscal impact associated with the introduction of the ordinance. Street sweeping operations and parking enforcement activities are existing City services.
Attachments
Ordinance No 1272.pdf
11222-0001\1572937v1.doc
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BREA AMENDING THE BREA CITY CODE TO
REESTABLISH PARKING RESTRICTIONS ON PUBLIC
STREETS FOR STREET SWEEPING PURPOSES AND
APPROVING A CEQA EXEMPTION DETERMINATION
THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:
A. RECITALS.
(i) Vehicle Code Section 22507.6 authorizes local authorities, by ordinance or resolution, to prohibit or restrict parking or standing of vehicles on designated streets or highways, or portions thereof, for street sweeping purposes. (ii) On July 7, 2009, the City Council adopted Resolution No. 2009-64 establishing parking restrictions on public streets for street sweeping purposes. (iii) Vehicle Code Section 22511.5 permits disabled persons displaying special license plates or a distinguishing placard to park in certain parking restricted areas, including any parking zone that is restricted as to the length of time parking is permitted as indicated by posted signage.
(iv) The purpose of this Ordinance is reestablish and codify, with amendments to protect accessibility for disabled persons, the parking restrictions established by Resolution No. 2009-64.
(v) All legal prerequisites to the adoption of this Ordinance have occurred.
B. ORDINANCE.
Section 1. Declaration. The facts set forth in the Recitals, Part A, above, of this Ordinance, are true and correct.
Section 2. Code Amendment. Chapter 10.24 (Parking Limits) of Title 10 (Vehicles and Traffic) of Part I (Municipal Code) of the Brea City Code is amended by adding a new Section 10.24.070 to read as follows:
Ҥ 10.24.070 Parking restrictions for street sweeping purposes.
A. Prohibition. For purposes of street sweeping, parking is prohibited between the hours of 8:00 a.m. and 2:00 p.m., on the City streets, or portions thereof, and on those days, as are set forth in a resolution of the City Council.
B. Exemptions. A disabled person or disabled veteran displaying special license plates issued pursuant to Cal. Veh. Code § 5007 or a valid disabled person placard issued pursuant to Cal. Veh. Code §§ 22511.55 or 22511.59, may park on a City -2-
street during posted street-sweeping hours without penalty. This exemption shall also apply to a disabled person or disabled veteran displaying current special license plates or a disabled person placard validly issued by another state or foreign jurisdiction.
C. Exceptions. The exemptions in paragraph B do not apply in any of the following situations:
1. On streets where stopping, standing, or parking is completely prohibited by state law or local ordinance.
2. In areas of streets reserved for special types of vehicles, such as bus zones, taxi zones, commercial loading zones, or other restricted-use spaces.
3. When the parked vehicle is being used in the operation of a streetvending business.
D. The penalty for parking in violation of this Section shall be a fine in such amount as established by resolution of the City Council.” Section 3. Signage. Prior to commencement of enforcement of Section
10.40.070, as adopted herein, the Public Works Director or designee shall ensure that appropriate signs have been erected indicating either the streets affected by this Ordinance or the streets not affected, as such official determines will best serve to give notice of the street sweeping parking restrictions.
Section 4. Prior Enactments. Upon the effective date of this Ordinance, Resolution No. 2009-64, and any and all provisions of any other resolutions or uncodified ordinances in effect that are inconsistent with this Ordinance, are hereby superseded and shall be of no further force or effect; provided, however, that such supersession shall not affect or excuse any violation of any such resolution or ordinance occurring prior to this Ordinance becoming effective.
Section 5. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because its adoption will result in more complete maintenance of City streets, and minimization of street dust, trash, and rubbish from entering the City’s storm drain system. It is, therefore, exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3), of the California Code of Regulations.
Section 6. Severability. The City Council declares that should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final action of a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect.
Section 7. Certification. The City Clerk shall certify to the adoption of this Ordinance.
-3-
PASSED AND ADOPTED this _____ day of _____________, 2026. ___________________________________
________________________, Mayor
I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea held on the _____ day of ____________, 2026, and was finally passed at a regular meeting of the City Council of the City of Brea held on the _____ day of _________, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST: ________________________________
Victoria Popescu,
City Clerk of the City of Brea
CITYof BREA
City Council Regular Meeting
Communication
April 7, 2026
Item No. 5F.
Approve an Agreement between the City of Brea and Brea Towing Services, LLC, to provide official police towing services
TO PREPARED BY
Honorable Mayor and City Council Members Chris Winger, Police Lieutenant
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Adam Hawley, Police Chief Kristin Griffith, City Manager
RECOMMENDATION
1. Approve an Agreement between the City of Brea and Brea Towing Services, LLC (Brea Towing) for the provision of official police towing and storage services; and
2. Authorize the City Manager to execute the three-year agreement, with the option to approve up to two, oneyear extensions.
BACKGROUND/DISCUSSION
The Police Department is authorized to maintain an agreement with a towing company to provide towing and storage services. The Department pays for these services in cases involving criminal investigations such as homicides, major assaults, and fatal traffic collisions when vehicles remain stored until the conclusion of court proceedings, sometimes for several years.
The Police Department previously contracted with Brea Towing for these services under an agreement that expired.
The Purchasing Division issued a Request for Proposals (RFP), seeking proposals for official police towing services. Two responsive proposals were received.
Police Officers from local Orange County agencies assisted in this comprehensive review process. They reviewed and rated the proposals based on responsiveness and ability to meet timelines, qualifications and experience, technical approach, value and economy, and pricing to meet the City of Brea's expectations as outlined in the RFP.
Interviews with each proposer were conducted, and references were contacted. Based on this review process, Brea Towing Services, LLC, was determined to be best suited to provide towing and storage services. In addition to proposal ratings, interviews, and references, the Police Department has a long-standing positive relationship with Brea Towing; currently, several vehicles held as evidence are stored at their indoor storage facility; and Brea Towing is located within the City of Brea.
Under the City of Brea's Tow Policy, Brea Towing's towing and storage rates are tied to those established by the Santa Ana Area California Highway Patrol. Consistent with the terms in the RFP and established California Highway Patrol rates, the Department will pay a percentage of those rates for both towing and storage.
The Police Department recommends that the City Council approve the attached 3-year agreement with Brea Towing Services, LLC (Brea Towing) for the provision of official police towing and storage services; and authorize the City Manager to execute the three-year agreement, with the option to approve up to two one-year extensions.
FISCAL IMPACT/SUMMARY
The Police Department has funding allocated in the FY 25-27 General Fund, Professional Services - Other, account (110-21-2121-4249), for towing and storage services. As such, there is no additional fiscal impact to the General Fund.
Attachments
City of Brea's RFP for Police Towing Services
Brea Towing's Proposal
Signed Towing Services Agreement 3-31-2026
RFP No. 2025.10.28.01
Request for Proposals
Police Towing Services
TIMELINE | Key Milestones
Key Milestone Schedule
Release of RFP Tuesday, October 28, 2025
Question Deadline Tuesday, November 4, 2025 by 5:00 pm PST Pre-Proposal Conference (if applicable) Not Applicable
Final Addendum Issued Tuesday November 11, 2025
Proposal Deadline Tuesday, November 25, 2025 by 5:00 pm PST Interviews (week of)* Monday, December 1, 2025
Selection of Contractor* Thursday, December 4, 2025
Finance Committee Recommendation* Tuesday, December 9, 2025 City Council Award* Tuesday, December 16, 2025
Contract Start Date* Tuesday, December 16, 2025
* Tentative; at the discretion of the City
To obtains solicitation documents, submit questions, receive answers, and submit a proposal, proposer’s can visit the City’s eProcurement Portal at the following hyperlink https://www.publicpurchase.com/gems/brea,ca/buyer/public/home (registration required).
Please note that proposals may only be submitted electronically.
RFP No. 2025.10.28.01
City of Brea
Police Towing Services
PART I
REQUEST FOR PROPOSALS
RFP No. 2025.10.28.01
City of Brea
Police Towing Services
Request for Proposals
Police Towing Services
I. Overview
A. Purpose
The City of Brea (“City”) is requesting proposals from qualified service providers to provide Police Towing Services for a three-year term with an optional two one-year extension, as further set forth in Part III hereto, the Scope of Services and Specification Section (“Services”). Those submitting proposals are each referred to herein as “proposer”. Any proposer selected to provide the foregoing services are sometimes referred to herein as “contractor”, “service provider” or “consultant.” B. Specific Processes Applicable to this Request for Proposal (RFP) To obtain solicitation documents, submit questions, receive answers, ad submit a proposal, visit the City’s eProcurement Portal at the following hyperlink (registration is required) City’s eProcurement Portal
https://www.publicpurchase.com/gems/brea,ca/buyer/public/home
PROPOSALS MAY ONLY BE SUBMITTED ELECTRONICALLY
II. Questions and Answers.
A. Questions
Any person contemplating submitting a proposal in response to this RFP who has questions, requires clarification, or finds any discrepancies with respect to any part of this RFP, the Scope of Services and Specifications, the City’s standard agreement contained herein, or any of the terms and conditions included therein (collectively, “Solicitation” or “RFP”), must submit their questions through the City’s eProcurement Portal listed above by the Question Deadline set forth in the Timelines referenced on page one or as may be modified by any addendum. Questions not received by the Question Deadline will not be considered. As such questions, are non-responsive to the Solicitation requirements.
B. Answers
The City will issue addenda to answer question(s) received by the Question Deadline and provide clarifications and modifications to the Solicitation utilizing the City’s eProcurement Portal as provided above, when deemed to be of sufficient importance or otherwise necessary to more fully implement the goals and intent of this RFP. Proposers must acknowledge receipt of all City-issued addenda. Only City’s written addenda can modify the requirements of this RFP. Any modifications set forth in such addenda will supersede and take precedence over the original RFP and any preceding addendums. Any other form of communications shall have no force or effect with respect. to this Solicitation. The City will not be bound by any verbal representations of any City official or employee.
RFP No. 2025.10.28.01
City of Brea
Police Towing Services
PROPOSALS NOT RECEIVED ELECTRONICALLY BEFORE THE PROPOSAL DUE DATE, SHALL NOT BE OPENED AND SHALL BE DISREGARDED. PROPOSERS BEAR ANY AND ALL RISKS OF UNTIMELY, OR NON-RECEIPT OF ANY PROPOSAL, REGARDLESS OF THE CAUSE.
III. Costs Included in Proposal
A. Preparation Expense
Proposers prepare and make proposal(s) at their sole expense.
B. All-Inclusive Costs
Pricing Must Be All-Inclusive. EACH PROPOSAL MUST BE INCLUSIVE OF ALL COSTS TO PERFORM THE REQUIRED SERVICES. Any and all costs of labor, transportation, materials, software, equipment, proprietary licenses, and any and all other fees, costs, taxes, insurance, and expenses necessary to comply with the requirements of this RFP and to provide the Services, must be included in the proposal price.
IV. Proposal Submission Requirements
A. General
i. Checklist. Use this section as a checklist to help provide a complete response. Failure to include and provide all the information specified may result in rejection of the proposal without further evaluation or award consideration.
ii. Signatures. Proposers must sign all forms where indicated. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5. iii. Additional Material. Do not include any promotional material or any material that is not directly relevant to the objectives of this Solicitation. iv. Organization. Organize the proposal in the order shown below, separate each section with a section page and title, and number each section beginning with one. v. Sections Division and Purpose. Note the Qualifications and Forms sections will be used to determine if the proposer is qualified and responsive, while the Technical and Costs sections will be used to determine how well the proposer meets the requirements of this Solicitation and if the proposed costs are fair and reasonable. The Technical and Costs sections of the successful proposal may be attached to and incorporated as part of Exhibit A to the City’s standard Agreement for execution.
B. Introduction Section
i. Title Page. Provide a title page showing the Solicitation subject; the proposer’s name; address, and the date of the proposal.
ii. Table of Contents. Provide a table of contents detailing the various sections and page numbers of the information contained in the proposal.
iii. Letter of Transmittal. Provide a letter of transmittal signed by an individual authorized to bind the proposer, briefly stating the proposer's understanding of the work to be done, the commitment to perform the work within the required time period(s), a statement why the proposer believes itself to be best qualified to perform the Services and a statement that the RFP No. 2025.10.28.01
City of Brea
Police Towing Services
proposal is a firm and irrevocable proposal.
C. Qualifications Section
i. Background. Provide the proposer company’s full legal name, address, phone, fax, email, website; Prior company names (if any) and years in business; mergers, buyouts; Organizationalstructure (i.e. corp., LLC, sole proprietorship, etc.) and chart; Names and titles of the principal owner(s); Person(s) authorized to contractually bind the company. List any pending litigation and describe any contracts terminated for cause and any governmental enforcement actions against proposer’s company during the previous five (5) years. List any special recognition or awards.
ii. Experience. Provide a summary of experience with similar kinds of work; Familiarity with state and federal procedures; Experience working with public agencies. Provide current business references for whom your company has provided similar services, and a very brief description of the provided services.
iii. Qualifications. Provide a summary of financial responsibility; Demonstrated technical ability; Capability of developing innovative or advanced techniques; Special qualifications, training, credentials; Staff names, titles, role, qualifications, experience, and length of service and the designated project manager to be assigned to this agreement. iv. Understanding. Describe proposer’s understanding of the work to be done as required by this RFP. Include any issues that will require special consideration in providing the Services and identify any unique approaches or strengths your company may have.
D. Technical Section
i. Approach. Provide a detailed discussion and proposed methodologies of the proposer’s approach to the successful performance of the Services. Include thorough discussions of methodologies proposer believes are essential to accomplishing each task. Include a proposed work schedule to accomplish all of the required tasks and identify the team member responsible for each.
ii. Proposed Schedule. Provide a detailed recommended schedule of activities. If a Meet and Confer and Presentation Requirements and/or a Tentative Schedule are provided in the Scope of Services and Specifications Requirements Section any recommended modifications should be addressed.
E. Cost Section
i. Pricing. Pricing shall be as specifically described in Exhibit “A” to the City’s standard form of agreement attached hereto and incorporated by reference herein.
F. Forms Section
i. Standard Forms
a. Non-Collusion Affidavit Form
b. References Form
c. Subcontractors List-Standard Form
d. Statement of Compliance or Exceptions Form
RFP No. 2025.10.28.01
City of Brea
Police Towing Services
e. Status of Past and Present Contracts Form
f. Insurance Commitment Form
g. Proposer Qualification Response Form
h. Firm Proposal Form
i. Price Form
G. Withdrawal and Validity. Proposals may be withdrawn before the Proposal Deadline.
Otherwise, proposals are binding for 120 days from the Proposal Deadline.
V. Proposal Review
A. Opening Proposals. Proposals remained unopened until the Proposal Deadline and thereafter will be electronically unsealed to begin the review and evaluation process set forth in the Evaluation, Award, Contract, Notice to Proceed Section below.
B. Proposal Information Posted. Proposals received by the Proposal Deadline, will have results posted on the City’s website at www.ci.brea.ca.us/1254/Requests-for-Bids-Proposals-andQuotes. The Proposal results are subject to change based on responsiveness and determination of qualifications. Further information may be obtained by visiting the webpage, clicking on Requests for Bids, Proposals, and Quotes, and scrolling to the desired solicitation. City will not provide results by any other means.
C. Information Posted. For this RFP, only company names of proposers timely submitting proposals, will be initially posted. No proposal will be available for public review until the evaluation phase has been completed and an award recommendation, if any, has been made.
D. All Proposals Become City Property and Public Records. All submitted proposals will become City property and public records subject to disclosure. However, no proposal will be disclosed unless and until a proposer is selected and recommended for contract award to the City Council; all proposals are rejected; or, this RFP process is terminated.
DO NOT SUBMIT CONFIDENTIAL INFORMATION. Any and all notices of “trade secrets”, “confidential information”, “do not disclose”, and/or any similar types of notices in a proposal will be disregarded.
VI. Evaluation
A. Non-Responsive Proposals. Proposals that are late or misdirected; or where the proposer did not attend any required mandatory Pre-Proposal Meeting or is suspended or debarred (www.sam.gov) are non-responsive. Proposals that did not include the required documents or information; modified any terms and conditions; had excessive or inadequate price relative to the Scope of Services and Specifications Requirements may cause the Proposal to be deemed non-responsive. Non-responsive Proposals will not be considered for further evaluations or award.
B. Responsive Proposals. Proposals that conform in all material respects to the RFP and are eligible for further consideration.
RFP No. 2025.10.28.01
City of Brea
Police Towing Services
C. Informalities. City may waive any informalities in any proposal or this RFP process as deemed in City’s best interest.
D. Basis of Award and Evaluation Criteria. If an award is made, it shall be made based on the proposal determined to provide the greatest benefit to the City. City will evaluate and score each proposal based on how well it meets the Proposal Submission Requirements including, but not limited to, the Qualifications, Technical, Cost, Forms sections; any required clarifications, presentations, interviews; other available information; any required Best and Final Offer (BAFO) responses; and any other requirements of this RFP not mentioned specifically in this paragraph.
The scoring for Evaluation Criteria is set forth below:
Responsiveness of the Proposal including ability to meet the City’s timelines, and acceptance of City’s standard form of agreement
30%
Proposer’s qualifications and prior experience 30%
Technical approach to provide the Services 20%
Value and economy to City of the proposed Project approach 15% Pricing 5%
The City reserves the right to select one or more proposers for further consideration or award of a contract, based solely on their proposal or, on their proposal and any interviews. The City reserves the right to negotiate a final agreement with one or more of the top scoring proposers.
Award, Reject, Rescind.
As may be in City’s best interest, City may accept and award a contract to any proposer; rescind any award; reject any or all proposals; and/or terminate this RFP process at any time.
Agreement.
If an agreement is awarded, City will do so after the successful proposer has satisfied all post-award requirements (insurance, bonding, etc.). The City’s standard form of agreement is attached. Any requested changes to the agreement will be considered as part of the evaluation/scoring process.
Notice to Proceed.
City will issue a notice to proceed to contractor(s) to commence providing the Services at the time stated in that notice. Absent a formal notice to proceed letter, delivery of the Purchase Order becomes the de facto notice to proceed unless otherwise stated in the Purchase Order.
End of this Section.
RFP No. 2025.10.28.01
City of Brea
Police Towing Services
PART II
STANDARD FORMS
REQUEST FOR PROPOSALS
Brea Towing Services
2025.10.28.01
STANDARD FORM A
NON-COLLUSION AFFIDAVIT FORM
Note: To be executed by Proposer and submitted with Proposal. proposal (name of proposing company)
that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal; that the PROPOSER has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or to refrain from proposing; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the PROPOSER or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer; that all statements contained in the proposal are true; and, the PROPOSER has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a PROPOSER that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the PROPOSER.
I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct and that this declaration is executed as set forth.
Signature: ____________________________________________ Name/Title Date: ____________________________________________ Notary is not required for this proposal.
State of
(the State of the place of business)
County of
(the County of the place of business)
, being first duly sworn, deposes and
(name of the person signing this form)
says that he/she is of
(title of the person signing this form)
, the party making the foregoing
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM B
REFERENCES FORM
(Proposer’s Company Name)
Provide current business references for whom your company has provided similar services.
Provide very brief description of the Project services your company provided to the reference.
Any unsatisfactory references or past unsatisfactory work performance with City may eliminate Proposer from further consideration (Brea City Code Sec. 3.24.020.M)
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM C
SUBCONTRACTORS LIST-STANDARD FORM
(Proposer’s Company Name)
Provide the information requested below. Duplicate this form as necessary to complete list. ☐ Check this box, if no subcontractors are to be used for any of the proposed work.
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM D
STATEMENT OF COMPLIANCE OR EXCEPTIONS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation.
(Proposer’s Company Name)
Select one:
No Exceptions
By checking the above box, Proposer declares their Proposal was prepared in strict compliance with the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement.
With Exceptions
By checking the above box, Proposer declares their Proposal was prepared in consideration of but with exceptions to one or more of the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement, in which case Proposer must provide a detailed list for all such exceptions in the following format.
Section
Page # Term, Condition, Specification Exception & Benefit to City City A
or D
Proposer acknowledges that City may accept or reject any or all of Proposer’s listed exceptions or reject the Proposer’s entire Proposal that contain any exceptions.
Signature: ____________________________________________ Name/Title Date: ____________________________________________
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM E
STATUS OF PAST AND PRESENT CONTRACTS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation. As used in this form, “Proposer” means Proposer or any 10% or greater owner of the proposing company; “Contract Termination” means termination for cause by any other party to a contract with the Proposer; “Settlement” means settlement of any claim or lawsuit brought against Proposer in connection with Proposer’s services; and, “Legal Action” means any lawsuit alleging fraud, breach or any other misconduct by, or filed against, Proposer.
By checking the above box, Proposer declares that the Proposer has not had any Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder and currently does not have any pending Contract Terminations, Settlements, or Legal Actions.
One or More Contract Terminations, Settlements, or Legal Actions By checking the above box, Proposer declares that the Proposer has had either one or more Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder in which case, Proposer must provide a list for all such contracts and include:
Contract Title, Contract Value, Termination Date, Company Name, Contact Name, Phone Number, and Reasons for and descriptions of the Terminations, Settlements, or Legal Actions.
The Proposer acknowledges that City may: reject any declarations that are not accompanied with the required documentation as described above; or reject any Proposals wherein Proposer has had any Terminations, Settlements, or Legal Actions that City in its sole discretion deems unacceptable.
Signature: ____________________________________________ Name/Title Date: ____________________________________________ (Proposer’s Company Name)
No Contract Terminations, Settlements, or Legal Actions
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM F
INSURANCE COMMITMENT FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation.
(Proposer’s Company Name)
Proposer acknowledges that:
City reserves the right to modify the insurance requirements as set for in the Insurance Requirements section of the Agreement including limits, based on nature of the risk, prior experience, insurer, coverage, or other special circumstances.
City’s acceptance and/or approval of the proposer’s insurance documents does not and shall not be construed to relieve proposer of any obligations, responsibilities or liabilities under any resultant Contract.
Proposer’s failure to comply with the required insurance as set forth in the Insurance Requirements of the Agreement is a breach of contract, which may result in one or more of the following: suspension of work, suspension or termination of contract, remuneration of procurement costs for obtaining a replacement contractor, and suspension from submitting future proposal based on proposer’s default.
Proposer, at Proposer’s sole cost and expense, hereby promises and agrees to:
Acquire required insurance set forth in the Insurance Requirements of the Agreement.
Provide policies of insurance from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California prior to commencing any work and allowing any subcontractor to commence work on any subcontract until it has secured all required insurance unless otherwise permitted or waived in writing by City’s Risk Manager.
Maintain in force at all times during the term of any Contract, insurance policies as set forth in the Insurance Requirements of the Agreement; replace any policies whose carrier’s rating falls below A VII with policies that meet or better the required A VII rating no later than the renewal date of the policy; amend, supplement, or endorse existing insurance policies that do not meet the insurance requirements set forth in the Insurance Requirements.
Proposer certifies, represents, and commits to all the Insurance Requirements of the Agreement.
Signature: ____________________________________________ Name/Title Date: ____________________________________________
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM G
PROPOSER QUALIFICATIONS RESPONSE FORM
(Proposer’s Company Name)
Proposers must have demonstrated trustworthiness, as well as the necessary quality, fitness, capacity, and experience to satisfactorily provide the requirements specified in this Solicitation based on prior experience with city, references, and other available information.
Provide the information requested below. Do not omit or renumber any sections. All items listed must be submitted and checked off to ensure qualification responsiveness.
1. Background.
Please provide the following information about your company:
☐ Your company’s full legal name, address, phone, fax, email, website. ☐ Prior company names (if any) and years in business; mergers, buyouts, etc. ☐ Organizational structure (i.e. corp., LLC, sole proprietorship, etc.). ☐ Names and titles of the principal owner(s).
☐ Person(s) authorized to make commitments for your company. ☐ Special recognition or awards.
2. Experience.
Provide the following information relative to required services:
☐ Summary of Experience with similar kinds of work.
☐ Familiarity with state and federal procedures.
☐ Experience working with public agencies.
☐ Narrative of the working relationship with current business references for information not already included in the References Form.
3. Qualifications.
Provide the following information relative to required services:
☐ Financial responsibility.
☐ Demonstrated Technical Ability.
☐ Capability of developing innovative or advanced techniques. ☐ Special qualifications, training, credentials.
☐ Staff names, titles, role, qualifications, and experience assigned to this Project. ☐ Designated project manager assigned to this Project.
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
4. Understanding.
Provide the following information relative to required services:
☐ Understanding of the work to be done based on this Solicitation. ☐ Include issues that you believe will require special consideration for this Project. ☐ Identify unique approaches or strengths your company has relative to required services.
5. Approach.
Provide the following information relative to required services:
☐ Understanding of the work to be done.
☐ Adequacy of labor and resources to satisfactorily perform the requested services and meet the City’s needs.
☐ Names and titles of key management personnel.
☐ Team to be assigned for these services.
Submitted by:
Signature: ____________________________________________ Name/Title Date: ____________________________________________
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM H
FIRM PROPOSAL FORM
(Proposer’s Company Name)
FIRM PROPOSAL made by Proposer to the City of Brea:
I, the undersigned, hereby represent and warrant that I am authorized to submit this Proposal on behalf of and to bind the principals who I represent, to all the requirements of the City of Brea’s Terms and Conditions, Specifications, Scope or Work, any attachments, exhibits, amendments; and I offer and agree to those requirements at the prices set forth in the Proposal Form.
Further, I understand that no contract exists unless City accepts this Proposal by executing the attached Agreement.
Business Name: ___________________________________________ Business Address: ___________________________________________ Federal ID#: ___________________________________________ If any Work is a Public Works Contractor Lic#: _________ DIR#: _________ Business Type: ______ 1. Individual/Sole Proprietor or Single-Member LLC; 2. C Corporation; (Proposer enter a number) 3. Corporation; 4. Partnership; 5. Trust/Estate; 6. Limited Liability Co.
By: _______________________________ By: _______________________________ Name: Name:
Title: Title:
Email: Email:
Date Signed: ________________________ Date Signed: ________________________ CORPs: Chairperson, President, Vice President CORPs: Secretary, Assist. Secretary, Chief Finance LLCs Manager Officer, Assist. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), for limited liability companies, both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.]
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM I
PRICE FORM
(Proposer’s Company Name)
Separate and describe your tasks, and associated costs, for the Scope of Services requirements.
Attach additional pages if necessary.
Please note that pricing Must Be All-Inclusive. EACH PROPOSAL MUST BE INCLUSIVE OF ALL COSTS TO PERFORM THE REQUIRED SERVICES. Any and all costs of labor, transportation, materials, software, equipment, proprietary licenses, and any and all other fees, costs, taxes, insurance, and expenses necessary to comply with the requirements of this RFP and to provide the Services, must be included in the proposal price.
Additional comments/remarks:
_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________
REQUEST FOR PROPOSALS
Police Towing Services
2024.09.19.01
PART III
AGREEMENT &
SCOPE OF SERVICES
SAMPLE TOWING SERVICES AGREEMENT
AGREEMENT BETWEEN THE CITY OF BREA AND
<SERVICE PROVIDER NAME> TO PROVIDE
OFFICIAL POLICE TOW SERVICES
THIS AGREEMENT is made and entered into as <MONTH, DAY, YEAR> between the City of Brea, a municipal corporation, by and through the Brea Police Department ("CITY") and <SERVICE PROVIDER NAME> ("TOWING COMPANY"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SERVICES The CITY hereby retains TOWING COMPANY to provide timely and professional towing and storage services for vehicles, in accordance with the provisions of this Agreement, when a representative of the Brea Police Department or other authorized CITY representative requests towing services.
2. NON-EXCLUSIVE FRANCHISE TO PROVIDE OFFICIAL POLICE
TOW SERVICES
Section 5.240.030 of the Brea City Code requires every towing company performing official services to possess a franchise granted by the CITY pursuant to Chapter 5.240 of said Code. In furtherance thereof, this Agreement shall serve as the required franchise unless and until its termination or expiration. As a franchisee, TOWING COMPANY shall serve as an Official Police Tow Service Provider for the CITY. Depending on the TOWING COMPANY's ranking on the CITY's tow rotation list, TOWING COMPANY shall have the right during the term of this Agreement to receive calls from the CITY to provide towing and storage services for vehicles which are involved in accidents, are disabled, abandoned or impounded for evidence, are impeding the flow of traffic or are otherwise subject to being towed and stored at the direction of the CITY.
TOWING COMPANY's priority on CITY's tow rotation list shall be established pursuant to CITY's Policy and Specifications Applicable to Official Vehicle Towing and Storage Service Providers ("Tow Policy" hereinafter), attached hereto as Exhibit "A". The Tow Policy may be modified by the CITY following not less than thirty
(30) days prior, written notice to TOWING COMPANY, and thereafter this Agreement shall be deemed modified by replacing the previous Tow Policy with the amended Tow Policy. The amended Tow Policy shall replace the previous Tow Policy as Exhibit "A" hereto.
3. TERM
Unless sooner terminated as provided herein, the term of this Agreement isthree consecutive years.
Prior to the expiration of the foregoing term, and in accordance with B.C.C. Section 5.240.090.C, the TOWING COMPANY may apply to renew this Agreement for an additional two (2) years on the same terms and conditions.
4. ABILITY TO PERFORM
The TOWING COMPANY shall at all times have sufficient towing equipment and storage yard capacity, as required by the Tow Policy and/or the Towing Ordinance, to perform the obligations set forth in this Agreement. The storage yard shall be in full compliance with any applicable zoning and building requirements. The TOWING COMPANY shall, at all times, possess a valid CITY Business License.
5. TRAINING/ABILITY - QUALIFICATIONS
A. The TOWING COMPANY's drivers and other personnel (collectively "employees") must be sufficiently trained and shall provide safe and proper service.
B. All drivers shall possess the proper class of driver's license required to perform their duties according to Section 12520(a) of the California Vehicle Code. The TOWING COMPANY's owner(s)/operators shall participate in the Employer Pull Notice Agreement through the Department of Motor Vehicles. The TOWING COMPANY is required to notify the Brea Police Department ("Department") Traffic Unit Supervisor of any Pull Notices received about any of its drivers.
C. The TOWING COMPANY's drivers shall present a neat, clean and professional appearance. Drivers shall at all times wear uniform type pants and shirt as described in the Tow Policy, and shall otherwise conduct themselves as required by the Tow Policy.
D. Should any TOWING COMPANY employee appear at the scene of a tow call with the odor of alcohol, such employee shall submit to a preliminary alcohol-screening test upon demand by a Brea Police Officer.
6. COMPLIANCE WITH TOW POLICY
The TOWING COMPANY and each and every employee thereof shall, at all times when providing services pursuant to this Agreement, comply fully with all provisions of the Tow Policy.
Any failure to comply with the Tow Policy shall constitute a breach of this Agreement and grounds for suspension or revocation of this franchise, and/or reduction in position of priority on the CITY's tow rotation list.
7. COMPLIANCE WITH TOWING ORDINANCE
TheTOWING COMPANY and each and every employee thereof shall, at all times when providing services pursuant to this Agreement, comply fully with all provisions of the CITY Towing Ordinance, Chapter 5.240 of the Brea City Code, as the same may be amended from time to time.
Any failure to comply with the CITY Towing Ordinance shall constitute a breach of this Agreement and grounds for suspension or revocation of this franchise, imposition of liquidated damages, and/or reduction in ranking on, or removal from, the CITY's tow rotation list.
8. RESPONSE TIMES
The TOWING COMPANY shall respond to Brea Police Department calls twenty-four
(24) hours a day, seven days a week, including holidays, with maximum response times as set forth in the Tow Policy.
9. FRANCHISE FEE
The franchise fee payable to the City by the TOWING COMPANY as required by the CITY Towing Ordinance shall be in such amount as established by resolution of the Brea City Council, and as may be amended from time to time following notice to the TOWING COMPANY.
10. SIGNS AND ADVERTISING
The TOWING COMPANY shall not display any signs or advertising material which indicates that his/her business is an official towing service or police storage facility of the CITY without the express written permission from the Chief of Police.
11. INDEMNITY
The TOWING COMPANY shall be bound by the indemnification provisions set forth in Section
5.240.150 of the Brea City Code.
12. INSURANCE
Without limiting the TOWING COMPANY's indemnification of the CITY as provided in this Agreement, the TOWING COMPANY shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, insurance coverage as set forth in the Tow Policy and the Towing Ordinance.
13. RISK
The TOWING COMPANY shall be responsible for damage to or theft of the vehicles and other property towed and stored by the TOWING COMPANY, its employees or agents. Any and all claims, demands or liability arising out of or encountered in connection with this Agreement shall be borne by the TOWING COMPANY.
14. TERMINATION
A. The CITY may terminate this Agreement should TOWING COMPANY remain in breach of any provision ofthis Agreement following service of a written notice of breach and demand to cure within thirty (30) days. If the Agreement is terminated by the CITY, and provided TOWING COMPANY is not then in breach, the TOWING COMPANY shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and the TOWING COMPANY shall have no other claim against the CITY by reason of such termination. Notwithstanding the foregoing, the CITY may immediately suspend this Agreement, pending further action, when determined by the Chief of Police to be necessary in order to more fully protect the public health and safety.
B. The TOWING COMPANY may terminate this Agreement only for a material breach and if the City fails to cure the breach within sixty (60) days following written notice from the TOWING COMPANY.
15. GENERAL PROVISIONS
C. Independent Contractor
At all times during the term of this Agreement, the TOWING COMPANY shall be an independent contractor and shall not be an employee of the CITY. The CITY shall have the right to control the TOWING COMPANY only insofar as the results of the TOWING COMPANY's services rendered pursuant to this Agreement; however, the CITY shall not have the right to control the means by which the TOWING COMPANY accomplishes services rendered pursuant to this Agreement.
D. Required Licenses and Permits
The TOWING COMPANY represents and warrants to the CITY that the TOWING COMPANY has all licenses, permits, qualifications and approvals that are legally required for the TOWING COMPANY to perform the services required under this Agreement pursuant to Vehicle Code Section 12804.9. The TOWING COMPANY represents and warrants to the CITY that the TOWING COMPANY shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for the TOWING COMPANY to perform the services.
E. No Agency
Except as the CITY may specify in writing, the TOWING COMPANY shall have no authority, express or implied, to act on behalf of the CITY as an agent in any capacity whatsoever. The TOWING COMPANY shall have no authority, express or implied, pursuant to this Agreement, to bind the CITY to any obligation.
F. Assignment
The TOWING COMPANY shall not assign any right or obligation pursuant to this Agreement without the prior written consent of the City Council. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect
and constitute a default under this Agreement. The sale or transfer of controlling interest in a company shall constitute an assignment within the meaning of this Agreement.
G. Standard of Performance
The TOWING COMPANY shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent towing company providing the kinds of services in which the TOWING COMPANY is engaged in the geographical area in which the TOWING COMPANY is operating.
H. No Employee Financial Interest
No employee of the CITY shall have any direct or indirect financial interest in the TOWING COMPANY.
I. Compliance with all Laws and Regulations
The TOWING COMPANY shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The TOWING COMPANY shall at all times observe and comply with all such ordinances, laws and regulations. The CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the TOWING COMPANY to comply with this section.
J. Notices
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To CITY: City of Brea
Police Department
1 Civic Center Circle Brea,
CA 92821
Attention: Chief of Police
To TOWING COMPANY:
Service Provider Name
Service Provider Address
City, State, Zip Code
K. Time of Essence
In the performance of this Agreement, time is of the essence.
L. Authority to Execute
The persons executing this Agreement on behalf of the TOWING COMPANY warrants and represents that he or she has the authority to execute this Agreement on behalf of the TOWING COMPANY and has the authority to bind the TOWING COMPANY to the performance of its obligations hereunder.
M. Integrated Agreement
This Agreement and Exhibit "A" (Tow Policy) hereto constitute the entire agreement between the parties with respect to the subject matter herein. No representation or promise not expressly set forth herein shall be binding or have any force or effect. In the event of any conflict between this document, the Tow Policy, or the Towing Ordinance, the provisions of the Towing Ordinance, then the Tow policy, shall govern.
N. Governing Law and Venue
The provisions of this Agreement shall be governed by the laws of the State of California. Venue for any legal action shall be the Superior Court of the County of Orange, California.
SIGNATURE ON NEXT PAGE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
<SERVICE PROVIDER NAME>
By: __________________________ By: __________________________ {ConSigner1Name} {ConSigner2Name}
{ConSigner1Title} {ConSigner2Title}
{ConSigner1Email} {ConSigner2Email}
Date Signed: _______________ Date Signed: _______________ CORPs: Chairperson, President, Vice President; CORPs: Secretary, Asst. Secretary, Chief Finance LLCs: Manager Officer, Asst. Treasurer LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] CITY OF BREA Attest (if over $50,000)
By: __________________________ By: __________________________ Christine Marick Lillian Harris-Neal
Mayor City Clerk
Date Signed: _______________ Date Signed: _______________
POLICY AND SPECIFICATIONS APPLICABLE TO OFFICIAL VEHICLE
TOWING AND STORAGE SERVICE PROVIDERS
The following rules, guidelines, specifications and standards shall constitute the City of Brea's official policy ("Policy" hereinafter) governing providers of vehicle towing and storage services initiated by the Brea Police Department:
1. Prioritized list of official towing and storage service providers established.
A. The City of Brea, by and through the Brea Police Department, hereby establishes a priority system governing the City-initiated dispatch of approved official towing and storage service providers ("Official Provider(s)" hereinafter.) B. Based upon the level of existing need and necessity asto the maximum number of Official Providers, as heretofore determined by the City, such priority system shall be based upon a list of Official Providers, with the first Official Provider (i.e., ranked No. 1) receiving all calls for service initiated by the Brea Police Department. In the event the No. 1 Official Provider is unable to respond within the approved response time, the second Official Provider (i.e., ranked No. 2) shall be given the call. In the event the No. 2 Official Provider is also unable to respond within the approved response time, then the third Official Provider (i.e., ranked No. 3) shall be given the call. Each Official Provider shall occupy the rank assigned unless and until re-ranked (up or down), suspended, or removed from the priority list, as provided herein.
C. In accordance with Section 8 hereof, any Official Provider failing to comply with any provision of these specifications, following notice and an opportunity for a hearing, may be re-ranked, suspended, or removed from the priority list, depending upon the severity of the violation. In such instance, the second ranked Official Provider shall move to the No. 1 position, and the third ranked Official Providershall move to the No. 2 position, and so forth, provided all requirements of this Policy are satisfied.
2. General Requirements
In order to be eligible to be placed on the priority list as an Official Provider, each towing and storage company must comply with all applicable requirements of this Policy, including this Section 2.
A. Location
1. Each Official Provider ranked No. 1 must maintain a place of business and storage yard within one (1) mile of the Brea City limits. For purposes of this Section 2, each place of business must serve as the primary point of dispatch for all tow trucks providing service to the City of Brea.
2. Any other Official Provider may maintain a place of business and
storage yard at any location outside of the City of Brea, not to exceed five (5) miles from the City limits, provided the response time requirements set forth herein are satisfied.
3. Each Official Provider shall have a current City of Brea business license.
4. Each Official Provider shall provide towing and storage service on a twenty-four (24) hours per day, seven (7) days per week basis. In the event an Official Provider is unable, or anticipates that it will be unable, to provide such service, the Official Provider shall immediately notify the Brea Police Department and shall further state the anticipated duration of the interruption of service. During any such interruption of service, the next in rank Official Provider shall occupy the ranking of the Official Provider currently unable to provide service. Any Official Provider whose service is interrupted for fortyeight (48) or more consecutive hours shall be subject to suspension or removal from the list of Official Providers.
B. Response Times
Each Official Provider dispatched pursuant to a request of the Brea Police Department shall arrive at the designated location with fifteen (15) minutes during the hours of 6:00 a.m. to 10:00 p.m., seven (7) days per week, and within twenty (20) minutes during the hours of 10:00 p.m. to 6:00 a.m., seven (7) days per week.
Maximum response times for tows of large truck, tractors, trailers, buses, and similar large vehicles, shall be as set forth in Section 4.A of this Policy. Any Official Provider which is unable to comply with these response times, or anticipates such inability, shall immediately advise the Brea Police Department or other requesting City Department at the time the request for services is made. An Official Provider that fails to comply with these response times on three (3) or more occasions during any three (3) month period shall be subject to re-ranking, suspension or removal from the list of Official Providers.
Each Official Provider shall maintain written records establishing the time of any receipt of request for service from the Brea Police Department and the time of arrival at the requested location by the tow truck. Such records shall be made available for inspection by the Chief of Police, or designee thereof during the normal business hours.
C. General
1. No Official Provider shall advertise or in any way publicize any official or other connection with the City of Brea, nor shall any Official Provider advertise any address or telephone number of the City of Brea as a location to contact for vehicle
towing and storage service.
2. Each Official Provider shall at all times comply with all local, state and federal regulations, laws and statutes pertaining to the towing and storage of vehicles, including, but not limited to, California Vehicle Code Sections 24605, 25253, 25300, 27700, and 27907, as the same may be amended from time to time.
3. Official Provider shall be available to provide towing and roadside assistance services for City of Brea vehicles. Provider may charge the City for those services at the following rate: Free of charge within a 7 mile radius of the Brea Civic and Cultural Center, $5.00 per mile thereafter (one-way).
D. Insurance Requirements
Each Official Provider, prior to rendering any services to, or on behalf of the City of Brea, shall procure, and provide evidence of having so procured, the policies of insurance specified in Attachment "A" hereto. Such policies of insurance shall be maintained in full force and effect so long as any towing and storage service provider shall serve as an Official Provider to the City of Brea, and current certificates of insurance shall be filed with the City at all times
E. Any of the provisions of this Policy may be waived by the Chief of Police, upon the concurrence of the City Manager, where deemed necessary in order to protect the public health, safety or welfare from any threat of harm or risk of injury.
3. Application Requirements
A. No towing and storage service company may serve as an Official Provider without filing and having approved an application therefor, as provided in this Policy. Each vehicle towing and storage service company desiring to become an Official Provider shall file an application with the Chief of Police, which application shall, among other things, set forth a list of all of the operating locations which will be utilized to serve calls from the City of Brea, including any back-up locations for the applicant's normal operating locations. The list shall describe each storage yard and shall specify the equipment and personnel stationed at each location, including a description of each tow truck it operates from each particular location, together with the State motor vehicle license number of each tow truck, a recent photograph of each tow truck, and a description of the two-way communications equipment in each tow truck. Any additions to or deletions from the tow truck fleet at any such location shall be forthwith reported to the Brea Police Department in writing, with similar descriptions and information. Any change in operating locations used to service callsfrom the City of Brea shall be reported in writing at least thirty (30) days prior to such change. Each applicant shall provide a list of telephone numbers to be called in order of priority, and forthwith upon any prospective change in said telephone numbers or in the priority thereof shall notify the Brea Police Department in writing with the effective date of the change.
B. Each applicant shall provide a schedule of rates proposed to be charged for the towing and storage of vehicles as an Official Provider. Rates will not exceed rates approved by the Santa Ana Area office of the California Highway Patrol. An Official Provider shall notify the Brea Police Department of any change in this schedule at least thirty (30) calendar days in advance of the date the change is to become effective. Each Official Provider agrees that the rates so on file with the Brea Police Department shall constitute the maximum rates to be charged for the towing and storage of vehicles until the expiration of thirty (30) calendar days following the notification of any change in the schedule of rates as above provided, after which the changed schedule shall reflect the maximum rates until at least sixty (60) calendar days after a subsequent notification.
C. Each applicant shall provide the following information with respect to any person having any ten percent (10%) or greater ownership interest, any person having managerial responsibilities, and any person who will drive a tow truck or supervise a storage lot as part of services rendered as an Official Provider:
1. Full name, birthdate, and residential address;
2. California driverslicense number;
3. Date and nature of any and all felony convictions, and any and all misdemeanor convictions occurring in connection with employment as a tow service employee, or in the rendering of services to the public, occurring within the previous ten
(10) years;
4. The name of any and all other public entities to which the applicant has provided regular vehicle towing and/or storage services within the previous ten (10) years;
5. Whether or not the Applicant, or any owner of a ten percent (10%) or greater interest has ever had a permit or license to provide vehicle towing and/or storage services revoked, including the date and circumstances of any such revocations;
6. Whether or not any proposed driver has had a driver's license revoked within the previous ten (10) years, including the date, location, and circumstances surrounding any such revocation;
7. Full, true and correct copies of any and all licenses, certifications, or other approvals required by any county, state, or federal statutes, rules or regulations, in order to provide vehicle towing and/or storage services to the City of Brea.
D. Upon receipt of an application deemed to be complete, the Chief of Police may approve the application, or in his/her discretion, schedule a hearing to be conducted where circumstances so require. In the event a hearing is scheduled, it shall be conducted on
an informal basis before the City Manager who shall consider whether or not the facts stated in the application are true and correct, and whether or not all requirements of this Policy have been satisfied.
Provided the Chief of Police, or the City Manager fo11owing a hearing, determines that all requirements of this Policy are satisfied by the applicant, the applicant shall be notified that it has been conditionally approved as an Official Provider, which approval shall remain conditional until all facts stated in the application have been verified to the satisfaction of the Chief of Police. Upon verification, the conditionally approved Official Provider shall then be advised that the facts have been verified and that the Official Provider's status as an "official provider" shall remain in effect on an ongoing basis unless and until suspended or removed from the priority list as provided herein or until it is determined that there is insufficient need and necessity, or as otherwise provided by law. Upon receiving such approval, each Official Provider shall be advised of its position on the priority list. Unless otherwise advised in writing, a newly-approved Official Provider shall assume the lowest ranking on the priority list.
4. Tow Truck Requirements
A. Each tow truck and equipment contained therein shall be capable of providing emergency towing service for a passenger vehicle, small truck, trailer, or other similar equipment. Each Official Provider shall also own or have ready access to a sufficiently large tow truck and towing equipment adequate to handle large trucks, trailers, buses, tractors, or other similar heavy vehicles. The Official Provider may satisfy the foregoing requirements by having a sufficiently sized tow truck available for immediate use and capable of providing a response time to the required location of not less than 40 minutes from the time of notification by Brea Police Department of the type and approximate size of the vehicle required to be towed. Inspection of the vehicle to be towed by an employee or agent of the Official Provider prior to dispatching the larger tow vehicle is not acceptable.
B. Each tow truck must pass an initial and annual inspection of its mechanical condition and safety features and equipment and provide satisfactory written evidence thereof prior to being used for emergency towing service and annually thereafter. An official, annual inspection completed by the California Highway Patrol shall satisfy this requirement upon submittal of a completed, approved CHP234B form. Periodic inspections may be required thereafter as determined necessary by the Brea Police Department to insure the vehicle's continued good condition.
C. Each tow truck shall be maintained in good working order and in clean condition.
D. Each tow truck shall be equipped with a two-way business radio or other communications equipment acceptable to the Chief of Police. All dispatching of tow trucks shall be done by a radio dispatcher at the Official Provider's place of business or storage facility. Citizen's Band radios and cellular telephones are not acceptable.
E. Each tow truck shall be equipped with a cable winch of sufficient size and capacity to retrieve vehicles which have gone over embankments or off roadways into inundated areas of other inaccessible locations. At least one tow truck shall be equipped with at least two hundred and fifty (250) feet of one-half (1/2) inch cable.
F. Each tow truck shall carry equipment for use in the unlocking of locked vehicles.
G. Excepting only large capacity tow trucks utilized as required by Section 4.A, above, every tow truck utilized by an Official Provider shall bear a conspicuous logo or other marking clearly identifying the tow truck with the name of the Official Provider.
5. Storage Yard Requirements
A. Each vehicle storage lot shall be properly fenced with a material acceptable to the Chief of Police, and such fence shall be at least six (6) feet in height. Said vehicle storage lot need not be located on the same property as the headquarters of the towing and storage service company; however, as to first call companies, it shall be situated within one mile of the corporate limits of the City of Brea, and in compliance with all zoning requirements. All other storage yards shall be located within five (5) miles of the corporate limits of the City of Brea.
B. Each vehicle storage lot shall be equipped to provide adequate lighting during the hours of darkness and with ample facilities for locking or otherwise securing said storage lot.
C. A building for the storage and impoundment of vehicles requiring special investigation (i.e., fingerprinting, photographing, searching, etc.) shall be provided at one or more of the storage lots operated by each Official Provider, and at no cost to the City of Brea.
Said building shall be capable of being secured in a manner acceptable to the Brea Police Department. Vehicles impounded in said building shall not be moved, relocated, or touched by personnel of an Official Provider or any persons other than authorized employees or officials of the Brea Police Department, without the written approval of the Brea Police Department. For any vehicle impounded as evidence, the City shall pay 50% of the towing service rate. Storage fees for vehicles stored as evidence shall be the following:
• Storage per day for days one through five - 25% of current daily storage rate • Storage per day for days six through thirty - 50% of current daily storage rate • Storage per day for greater than thirty days- 8.5% of current daily storage rate D. Official Providers shall not perform work, or contract to perform work, on a vehicle impounded or stored at the direction of the Brea Police Department until such vehicle has been released by the Brea Police Department.
E. It is the responsibility of each Official Provider to protect all vehicles, vehicle parts and/or accessories to vehicles stored pursuant to a request of the Brea Police Department, until such time as any vehicle has been released or disposed of in accordance with law. Vehicle parts and/or attached accessories may be removed for safe keeping by employees of an Official Provider from vehicles which have not been stored for evidentiary purposes provided a written record of such removal and safe keeping has been prepared, the Official Provider has in place a procedure whereby the owner of such parts or accessories is notified of the removal, such parts or accessories are stored in a safe and secure location pending release, and further provided that any part or accessory so removed is reinstalled and the vehicle is restored to its original condition at no cost to the owner unless the owner directs otherwise.
Any delay in the release of a vehicle necessitated by the reinstallation of any removed parts or accessories shall not be charged to the owner of the vehicle.
F. It is the responsibility of each Official Provider to safe-guard all personal property in stored or impounded vehicles. Each Official Provider shall maintain a written record of the identity of all persons who have entered a stored or impounded vehicle for purposes of accessing personal property. A written description of any property taken shall also be maintained. No Official Provider shall permit access to any vehicle which has been impounded for evidentiary purposes by anyone other than police personnel, unless otherwise authorized in writing by the Brea Police Department. No Official Provider shall permit access to any other stored vehicle to any person other than the vehicle's registered owner, or representative thereof possessing written authorization, or to a legal owner, or as otherwise may be permitted by law. No employee of an Official Provider shall access any locked area of a stored vehicle, including, but not limited, any glove box or trunk, except as authorized by law, by Brea Police Department personnel, or the registered owner of such vehicle.
G. Each Official Provider shall maintain full and complete records of any and all vehicles stored or impounded in its capacity as an Official Provider. Among other things, such records shall include, but shall not be limited to, the exact time and date that the vehicle was received at the storage yard. Each Official Provider shall, to the extent not done by police personnel, complete a vehicle inventory form listing, among other things, any and all personal property and accessories contained within, or attached to, the vehicle, exclusive of locked areas. Said records shall be available for inspection by Brea Police Department representatives during normal business hours. At the end of each month, each Official Provider shall provide a physical or electronic report to Brea Police Department listing each and every vehicle impounded and/or stored during such month, and the status of each such vehicle. Vehicle status includes all vehicles released, vehicles currently impounded and/or stored, and vehicles being held as evidence.
H. Towing charges shall not commence until the tow truck arrives at the assigned location, and shall terminate at the time the towed vehicle arrives at the storage facility.
Storage charges shall not commence until a towed vehicle arrives at the storage facility.
Storage charges imposed shall be in conformance with state law and with this Policy.
However, when the release of a stored or impounded vehicle is authorized by the Brea Police Department and the registered owner or authorized representative of the vehicle owner presents such written authorization to an Official Provider within two (2) hours of the arrival of such vehicle at the storage yard, no storage fee shall be imposed.
I. Stored and impounded vehicles shall be available for release Monday through Friday, 8:00 AM- 6:00 PM, excepting days which fall upon official holidays of the City of Brea, or as otherwise provided by state law. Official City of Brea holidays are: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving Day, Christmas Eve, Christmas Day, and New Year's Eve. Any Official Provider may make vehicles available for release on any days additional to the foregoing designated days.
J. No vehicles stored or impounded by the Brea Police Department may be released without a written vehicle release form issued by the Police Department. Pursuant to applicable provisions of state law, payment of property storage fees may be made in cash or by major credit card. An Official Provider must accept these forms of payment, but is not prohibited from accepting other forms of payment.
6. Driver and Attendant Requirements
The full name, date of birth, and driver'slicense number of each person employed by an Official Provider who will drive a tow truck or supervise any vehicle storage facility on behalf of an Official Provider shall be provided to the Brea Police Department. In addition, proof shall be provided that all drivers are enrolled in the following:
• Drug/Alcohol quarterly testing per DOT requirements
• DMV Pull notice program
• LiveScan background check with arrest notifications
Each Official Provider shall immediately notify the Brea Police Department of any pull notices on any tow driver. All drivers shall comply with the following requirements:
A. Each driver shall have a California driver's license issued pursuant to California Vehicle Code Section 12804, together with any and all other licenses necessary to drive a tow truck on behalf of an Official Provider.
B. Have sufficient ability to speak, read and write English so as to enable basic communications between such person and any English speaking member of the public.
C. Wear a distinctive uniform while on duty, which shall be marked in such a manner as to clearly identify the Official Provider's official name, and the
employee's' name.
D. Be free of any felony convictions for the previous ten (10) years, and/or any misdemeanor convictions for the previous ten (10) years which involve the rendering of services to the public including, but not limited to, crimes involving theft, dishonesty and/or fraud. With respect to drivers, such persons must not have been convicted of drunk driving (DUI), driving under the influence of drugs, reckless driving, possession of or being under the influence of narcotics, or violation of any law of any state which would constitute drunk driving, driving under the influence of drugs, reckless driving, or possession of or being under the influence of narcotics, under California law, during the previous five (5) years.
E. Abstain from consuming or possessing alcoholic beverages while on duty.
F. Abstain from unlawfully using or possessing narcotics or dangerous drugs at any time.
G. Be sufficiently skilled so as to competently provide towing services, including, but not limited to, having the ability to enter a locked vehicle as required by an authorized Brea Police Department representative, as is customary and usual in the towing business.
H. Comply at all times with the provisions of this Policy, including but not limited to, public relations requirements set forth in Section 7 hereof.
It shall be a violation of this Policy for any employee of an Official Provider to perform any servicesforthe City ofBrea, prior to satisfactory evidence being provided to the Chief of Police, that such employee is in full compliance with subsections A, B, D, and G of this Section 6. Not less than every twelve (12) months, each Official Provider shall provide satisfactory, written evidence to the Chief of Police that each and every driver employed by the Official Provider, is currently in compliance with subsections A, B, D, and G of this Section 6.
7. Public Relations Requirements
A. Written Policy Required
It shall be the responsibility of each Official Provider to establish a written policy to guide the conduct of all employees and officers of the Official Provider in dealing with members of the public. Such policy shall require, among other things, that each employee or officer dealing with the public be courteous at all times, avoid the use of vulgar or profane language and otherwise be as accommodating to the public as possible. Each employee and officer having contact with the public shall provide accurate information concerning the means by which a vehicle may be released, and no employee or officer shall in any manner mislead, provide incomplete information, or otherwise act in any manner which would tend to delay the release
of a vehicle or the accrual of additional charges of any nature. A copy of the policy required to be adopted hereby shall be filed with the Brea Police Department and shall be provided to each employee or officer of an Official Provider having contact with the public, and a copy of the policy shall be available upon request to any member of the public.
B. Complaint Procedure Required
It shall be the further responsibility of each Official Provider to establish and maintain a written citizen complaint procedure which shall include a process by which the Official Provider shall promptly review any written complaints received from any member of the public concerning services provided by the Official Provider, including complaints pertaining to the actions of any employee or officer thereof. An easily readable sign containing letters no lessthan one-half inch high shall be posted in a conspicuous location in the immediate area where storage/towing payments are received from members of the public stating words to the effect that any person may file a written complaint concerning any towing or storage charge or actions of any employee with respect to vehicle towing or storage services. It shall be the responsibility of the Official Provider to investigate any and all written complaints received and to provide a written response to the person filing the complaint, within thirty (30) days of receipt thereof. Copies of all complaints and the written responses thereto shall be maintained by each Official Provider for no less than one (1) year following the date of complaint. Records of complaints and responses thereto shall be available for review by Brea Police Department representatives during normal business hours.
8. Performance Review, Re-ranking, and Removal from Priority List.
A. Performance Review
Following receipt of approval to serve as an Official Provider, the Brea Police Department may, in its discretion, periodically review the performance of such Official Provider to ensure compliance with all requirements of this Policy. In performing such review, the Brea Police Department may request, and any Official Provider shall provide, full, true and correct copies of any and all records required to be maintained by each Official Provider, including, but not limited to, copies of any and all citizen's complaints and/or records of response times.
B. Re-ranking
In the event any Official Provider fails to maintain compliance with any requirement of this Policy, said Official Provider may be re-ranked on the priority list, depending upon the severity of the violation. In the case of a minor violation, the Brea Police Department reserves the right to provide a written warning to an Official Provider, together with a time by which such violation must be remedied. A failure to remedy a violation within a specified period may result in re ranking, suspension or removal from the priority list.
Where the violation is deemed to be substantial, the Official Provider shall be given written
notice of the Brea Police Department's intent to re-rank the Official Provider as of a specified date. Such preliminary determination may be objected to by an Official Provider by filing with the City Manager a written objection, within ten (10) business days of the date of the written notice, therein specifying all grounds upon which the Official Provider believes the determination to be in error, and any relevant evidence in support of that contention. Upon receipt of a written objection, the City Manager shall receive relevant information from Police Department personnel upon which the determination to re-rank is based, and shall thereupon and with written findings sustain, modify, or reverse the determination, with or without conditions. The Official Provider shall be given written notice of the City Manager's decision which decision shall be final. Where no objection is timely filed, re-ranking shall become effective as of the date set forth in the written notice.
C. Suspension and Removal from Priority List
Where a substantial and severe violation, or repeated violations, of this Policy has occurred, the Official Provider may be given written notice of the City's intent to suspend or remove the Official Provider from the priority list of Official Providers. Such suspension or removal shall become effective as of the date set forth in the notice unless such determination is appealed to the City Manager in writing within ten (10) business days of the date of the notice.
Upon receipt of a timely written appeal, a public hearing shall be scheduled to be conducted before the City
Manager in the manner described in Section B, above, with respect to re-ranking. The decision of the City Manager shall be final, unless appealed in writing to the City Council within ten (10) business days of the date of the decision. In the event the City Manager's decision is timely appealed, a public hearing before the City Council shall be scheduled and the Appellant shall be given written notice of the date and time of the hearing. Following the conclusion of the public hearing, the City Council may sustain, modify or reverse, with or without conditions, the
decision of the City Manager. All decisions shall be made in writing, with findings, and shall be final.
D. Notwithstanding any provision of this Policy, the Chief of Police, with the concurrence of the City Manager, may immediately suspend an Official Provider from the priority list pending a hearing, where deemed necessary in order to protect the public health, safety or welfare from an immediate threat of harm or risk of injury.
E. Any Official Provider which is removed from the priority list may not re-apply to be placed upon the list for at least six (6) months, unless otherwise provided by the City Council following appeal pursuant to sub-section C, above.
City of Brea Tow Policy
Attachment A
City of Brea Insurance Requirements
1. Insurance.
Unless otherwise permitted or waived in writing by City’s Risk Manager, Consultant shall not commence work until it has secured all insurance required under this section and provided evidence thereof that is acceptable to City. In addition, Consultantshall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under thissection.
A. Commercial General Liability
i. Consultant shall take out and maintain, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
iii. Commercial General Liability Insurance must include coverage for the following:
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this Agreement g. Broad Form Property Damage
h. Independent Consultants Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents,servants, designated volunteers and agentsserving as independent contractors in the role of
PROFESSIONAL SERVICES AGREEMENT
Police Towing Services
City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.
B. Automobile Liability
i. Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City.
ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
iii. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds.
iv. Subject to City’s written approval, the automobile liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.
C. Workers’ Compensation/Employer’s Liability
i. Consultant certifies that Consultant is aware of the provisions of Labor Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Consultant shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.
D. Professional Liability (Errors and Omissions)
Consultant shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Consultant in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
PROFESSIONAL SERVICES AGREEMENT
Police Towing Services
E. Cyber Liability
Consultant shall maintain cyber liability insurance providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City Data (as defined below); (ii) data breach including theft, destruction, and/or unauthorized use of City Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of City Data.
F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following checked insurance limits are required for this Agreement:
Combined Single Limit
☒ Commercial General
Liability
$1,000,000 per occurrence/ $2,000,000 aggregate for
bodily injury, personal injury, and property damage
☒ Automobile Liability $2,000,000 per occurrence (any auto) for bodily injury and property damage (Not required if vendor
establishes that no vehicles will be used, except for
delivery)
☒ Workers’
Compensation
In the amount required by California law. $1,000,00
employers liability limit
☐ Employer’s Liability $1,000,000 per occurrence
☒ Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
☐ Cyber Liability $2,000,000 per occurrence
iii. Defense costs shall be payable in addition to the limits.
PROFESSIONAL SERVICES AGREEMENT
Police Towing Services
iv. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
G. Proof of Insurance
Within five days of execution of this Agreement, but prior to commencement of the Services, Consultantshall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
H. Policy Provisions Required
i. Consultant shall provide City at least 30 days prior written notice of cancellation of any policy required by this Agreement, except that Consultant shall provide at least 10 days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Consultant shall deliver renewal certificate(s) including the required additional insured endorsement to City at least 10 days prior to the effective date of cancellation or expiration. ii. The Commercial General Liability Policy and AutomobileLiability Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss.
iii. The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. If a “claims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv. All required insurance coverages, except for the professional and cyber liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Consultant from liability in excess of such coverage, nor shall it limit Consultant’s indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.
PROFESSIONAL SERVICES AGREEMENT
Police Towing Services
I. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Agreement, including the provisions concerning indemnification. ii. If at any time during the term of this Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement for cause.
iii. City may require Consultant to provide for inspection by City, complete copies of all insurance policies in effect for the duration of the Agreement. iv. No City official, officer, employee, agent or volunteer shall be personally responsible for any liability arising under or by virtue of this Agreement. v. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Consultant under this Agreement.
J. Subcontractor Insurance Requirements
Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that it has secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds, using ISO form CG 20 38 04 13 or an endorsement providing the same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particularsubcontractors.
RFP No. 2025.10.28.01
City of Brea
Police Towing Services
Proposal submitted by:
TOWING SERVICE
Section
1 INTRODUCTION
RFP No. 2025.10.28.01
City of Brea
Police Towing Services
Proposal submitted by:
Brea Towing Service, LLC
509 W. Lambert Rd
Brea, CA. 92821
(714) 773-0100
November 18, 2025
TOWING SERVICE RFP No. 2025.10.28.01 i
TABLE OF CONTENTS
Introduction: (Section One) Page
Title page i
Table of contents ii
Letter of Transmittal iii
Qualifications: (Section Two)
Background 1
Experience 1
Qualifications 2
Understanding 3
Technical: (Section Three)
Approach 4
Proposed Schedule 4
Cost: (Section Four)
Pricing 5
Forms: (Section Five)
Non-Collusion Affidavit Form (Standard Form A) 6
References Form (Standard Form B) 7
Subcontractors List-Standard Form (Standard Form C) 8
Statement of Compliance or Exceptions Form (Standard Form D) 9 Status of Past and Present Contracts Form (Standard Form E) 10 Insurance Commitment Form (Standard Form F) 11
Proposer Qualification Response Form (Standard Form G) 12 Firm Proposal Form (Standard Form H) 14
Price Form (Standard Form I) 15
Truck List 16
Personnel List 17
TOWING SERVICE RFP No. 2025.10.28.01 ii
November 18, 2025
Ms. Stephanie Garcia
Senior Buyer / Administrative Services
City of Brea
1 Civic Center Circle
Brea, CA 92821
Subject: Proposal (RFP No. 2025.10.28.01) Police Towing Services Dear Ms. Garcia:
Brea Towing Service, LLC is pleased to present this proposal to the City of Brea in Orange County. Brea Towing Service meets all the requirements and complies with all of the contract terms necessary to successfully deliver the services set forth in the proposed agreement.
Legal Name: Brea Towing Service, LLC
Addresses: 509 W. Lambert Rd. Brea, CA 92821
Phone: (714) 773-0100
Fax: (714) 447-3424
Contact: Shahram Rahimian, President
[email protected]
Brea Towing Service began as a single tow truck bringing cars to our local gas station which had a service bay back in the 1980’s. It began to grow and was incorporated in 1996. We have been providing roadside service for AAA for 30 years. When the City of Brea needed a towing company, Brea Towing Service began providing towing and roadside services for the city in 1996. Since then, Brea Towing Service has continually provided excellent quality services to other agencies such as the California Highway Patrol, AAA, and private clients TOWING SERVICE RFP No. 2025.10.28.01 iii
Section
2 QUALIFICATIONS
Background
Prior company names, years in business, mergers, buyouts, etc.
Brea Towing Service has been in business for over 30 years.
Organizational structure
Brea Towing Service is an LLC.
Names and titles of the principal owner(s).
Shahram (Sam) Rahimian is the owner.
Person(s) authorized to make commitments for the company.
Persons authorized to make decisions and commitments are Sam Rahimian, James Dunn, and Robert Shartrand.
Special recognitions and awards.
We have been recognized several times over the years by AAA for our achievements in providing quality service to AAA members.
Experience
Summary of experience with similar kinds of work.
Brea Towing Service provides towing and roadside services for the California Highway Patrol as well as thousands of AAA members every month.
Familiarity with state and federal procedures.
We comply with all state and federal regulations. We have our DOT, CA, MCP, City business license, current registrations, DMV Pull Notice EIN, CSAT program, etc.
Experience working with public agencies.
We have worked with the City of Brea and CHP for many years. We are knowledgeable on the process of releasing vehicles, processing franchise fees, getting our trucks inspected annually by CHP, and maintaining a secure storage area for vehicles in impound, storage, and evidence.
TOWING SERVICE RFP No. 2025.10.28.01 Page | 1
Qualifications
Financial responsibility.
After 30 years in the business we know the costs of running a business. We are financially strong and will be there for the City of Brea for many years to come.
Demonstrated technical ability.
Our tow drivers have constant training and are responding to several towing calls every day.
They are very reliable at accident scenes and always keep safety in mind.
Capability of developing innovative or advanced techniques.
Many of our drivers have been with us for over 15 years and have been on accident scenes with vehicles over embankments or overturned in precarious situations. They are always sharing their experience and knowledge with newer drivers. We also conduct classes to teach proper techniques.
Special qualifications, training, and credentials.
Most of our tow drivers have completed the Traffic Incident Management (TIM) course. They also have training certificates from AAA. Before our drivers are allowed to complete any calls for the City of Brea they must be approved by CHP. This requires a Livescan background check, certain training requirements, drug and alcohol tests, and be enrolled in the DMV pull notice program.
Staff names, titles, role, qualifications, and experience.
Robert Shartrand – Manger - 16 years with the company, scheduling, hiring, Jim Dunn – Contracts – 9 years with the company, retired CHP officer.
Designated project manager assigned to this project.
Jim Dunn is assigned to making sure this project runs smoothly.
TOWING SERVICE RFP No. 2025.10.28.01 Page | 2
Understanding
Understanding of the work to be done based on this solicitation.
We have provided towing services for the City of Brea for about 30 years. We are very familiar with what is expected by your officers. We understand this is a 24 hour 365 day commitment.
Issues that we believe will require special consideration.
Unlike other agencies, the City of Brea requires that we maintain the spare tires for several types of vehicles at our office. A police car has lots of extra equipment and gear in the vehicle and by removing the spare tire it allows the officers to have more space in the trunk of their vehicles.
When a Police car gets a flat tire we take the spare tire from our office to them at the scene and change the tire for them. It is important to take the proper size wheel and tire. This also helps the officer by keeping their uniforms clean, avoid injuries to their backs, and provide officer safety so they don’t turn their backs on wrongdoers while they change their own tires.
Unique approaches or strengths our company has.
Our drivers are very familiar with the layout of the city. We are located within the city limits so we can provide fast and efficient arrival times. Our location is 0.9 miles from the Police Department and 0.25 miles from the Brea Maintenance Yard.
Our primary service area for AAA is the City of Brea so our trucks are always staged throughout the city for the AAA calls. This allows us to have an average response time of less than 10 minutes to calls for the City of Brea. Any other provider outside the city limits would require longer response times, exposing officers and the public to more danger as they wait for service.
We continue to offer for no charge to the City of Brea; towing, tire changes, jump-starts, gas delivery, and other roadside services.
We have a large warehouse where we have over 5,000 square feet of space dedicated to evidence storage. The evidence vehicles are kept indoors, behind locked 6’ gates, with secured access to only authorized personnel and law enforcement. The investigating officers have plenty of covered space to conduct their investigations inside the facility, away from the elements of the weather and with proper lighting.
TOWING SERVICE RFP No. 2025.10.28.01 Page | 3
Section
3 TECHNICAL
Approach
Understanding of the work to be done.
We have provided towing services for the City of Brea and understand your needs. We focus on properly staffing, training, and managing our tow technicians, dispatchers, and yard/maintenance personnel to accommodate Brea PD calls 24/7/365.
Adequacy of labor and resources to satisfactorily meet the City’s needs.
We maintain a fleet of 30 trucks, 40 tow technicians, and 6 office/yard employees to meet or exceed the needs of the city.
Names and titles of key management personnel.
Sam Rahimian – Owner
Robert Shartrand – Manager
Jim Dunn - Contracts
Team to be assigned for these services.
Robert Shartrand, Jim Dunn, all tow technicians, dispatchers, office staff, and yard/maintenance personnel are all assigned these tasks.
Proposed Schedule
We are ready and prepared to continue with these services 24/7/365 effective immediately. All employees are currently working all shifts, day and night, and will continue to provide the best towing services we can for the City of Brea.
When we receive a call from your dispatch we are usually not responding from our yard or office. We keep our drivers/trucks staged throughout the city of Brea all day and night. This allows our drivers to arrive to the scene in a quick and timely manner, reducing the amount of time your officers have to wait for a tow truck to arrive.
TOWING SERVICE RFP No. 2025.10.28.01 Page | 4
Section
4 COST
Cost
Pricing.
Brea Towing Service has submitted the required “Standard Form I” (Price Form) for this RFP.
The form can be found in the Forms section of the RFP. (See page 15) Brea Towing Service charges the same rates that are approved by the Santa Ana Area California Highway Patrol (CHP). Rates are posted on the wall in our front office as well as in our tow trucks for the public to view. We feel our rates are fair based on the economy in Orange County.
Costs of real estate, labor, insurance, fuel, tow trucks, equipment, licensing, and other fees in this part of the country are much higher than in other parts of the country. We have also submitted rates for evidence towing and storage that we feel are necessary to conduct our business. We continue to offer towing, tire changes, jump-starts, lock-out services, gas delivery, and other services to the Brea Police Department and other City of Brea vehicles and personnel at no cost to the City of Brea.
At the bottom of Standard Form I (Price Form) we included a discounted rate for evidence towing and storage. We reduced the price from our previous rates and made the storage rate a set price from day 1 rather than a tiered system of rates. This proposed rate will reduce the cost to the city and make the monthly invoicing a much more simple process.
TOWING SERVICE RFP No. 2025.10.28.01 Page | 5
Section
5 FORMS
REQUEST FOR PROPOSALS
Brea Towing Services
2025.10.28.01
STANDARD FORM A
NON-COLLUSION AFFIDAVIT FORM
Note: To be executed by Proposer and submitted with Proposal. proposal (name of proposing company)
that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal; that the PROPOSER has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or to refrain from proposing; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the PROPOSER or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer; that all statements contained in the proposal are true; and, the PROPOSER has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a PROPOSER that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the PROPOSER.
I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct and that this declaration is executed as set forth.
Signature: ____________________________________________ Name/Title Date: ____________________________________________ Notary is not required for this proposal.
State of
( the State of the place of business) t
County of
( the County of the place of business) t
, being first duly sworn, deposes and
( name of the person signing this form)
says that he/she is of
( title of the person signing this form)
, the party making the foregoing
Shahram Rahimian / Owner / November 18, 2025
California
Orange
Shahram Rahimian
Owner
Brea Towing Service, LLC
Page | 6
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM B
REFERENCES FORM
(Proposer’s Company Name)
Provide current business references for whom your company has provided similar services.
Provide very brief description of the Project services your company provided to the reference.
Any unsatisfactory references or past unsatisfactory work performance with City may eliminate Proposer from further consideration (Brea City Code Sec. 3.24.020.M) Brea Towing Service, LLC
California Highway Patrol
2031 E Santa Clara Ave. Santa Ana, CA. 92705
Officer Sergio Rivera / Tow Officer
714 338-5543
[email protected]
Towing and roadside services
Contract renewed annually since 1996
Automobile Club Of Southern California (AAA)
3350 Harbor Blvd. Costa Mesa, CA. 92626
Jose Escoto / Service Representative
949 738-0151
[email protected]
Provide towing and roadside services for AAA members
Contract is current
Page | 7
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM C
SUBCONTRACTORS LIST-STANDARD FORM
(Proposer’s Company Name)
Provide the information requested below. Duplicate this form as necessary to complete list. տ Check this box, if no subcontractors are to be used for any of the proposed work.
Brea Towing Service, LLC
Anaheim-Fullerton Towing
1041 N. Kemp St. Anaheim, CA. 92801
Oscar / Office Manager
714 533-4575
[email protected]
Heavy Duty Towing
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REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM D
STATEMENT OF COMPLIANCE OR EXCEPTIONS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation.
(Proposer’s Company Name)
Select one:
No Exceptions
By checking the above box, Proposer declares their Proposal was prepared in strict compliance with the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement.
With Exceptions
By checking the above box, Proposer declares their Proposal was prepared in consideration of but with exceptions to one or more of the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement, in which case Proposer must provide a detailed list for all such exceptions in the following format.
Section
Page # Term, Condition, Specification Exception & Benefit to City City A
or D
Proposer acknowledges that City may accept or reject any or all of Proposer’s listed exceptions or reject the Proposer’s entire Proposal that contain any exceptions.
Signature:
Name/Title Date:
____________________________________________
Shahram Rahimian / Owner / November 18, 2025
Brea Towing Service, LLC
✔
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REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM E
STATUS OF PAST AND PRESENT CONTRACTS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation. As used in this form, “Proposer” means Proposer or any 10% or greater owner of the proposing company; “Contract Termination” means termination for cause by any other party to a contract with the Proposer; “Settlement” means settlement of any claim or lawsuit brought against Proposer in connection with Proposer’s services; and, “Legal Action” means any lawsuit alleging fraud, breach or any other misconduct by, or filed against, Proposer.
By checking the above box, Proposer declares that the Proposer has not had any Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder and currently does not have any pending Contract Terminations, Settlements, or Legal Actions.
One or More Contract Terminations, Settlements, or Legal Actions By checking the above box, Proposer declares that the Proposer has had either one or more Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder in which case, Proposer must provide a list for all such contracts and include:
Contract Title, Contract Value, Termination Date, Company Name, Contact Name, Phone Number, and Reasons for and descriptions of the Terminations, Settlements, or Legal Actions.
The Proposer acknowledges that City may: reject any declarations that are not accompanied with the required documentation as described above; or reject any Proposals wherein Proposer has had any Terminations, Settlements, or Legal Actions that City in its sole discretion deems unacceptable.
Signature: ____________________________________________ Name/Title Date: Shahram Rahimian / Owner / November 18, 2025 (Proposer’s Company Name)
No Contract Terminations, S Y ettlements, or Legal Actions Brea Towing Service, LLC
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REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM F
INSURANCE COMMITMENT FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation.
(Proposer’s Company Name)
Proposer acknowledges that:
City reserves the right to modify the insurance requirements as set for in the Insurance Requirements section of the Agreement including limits, based on nature of the risk, prior experience, insurer, coverage, or other special circumstances.
City’s acceptance and/or approval of the proposer’s insurance documents does not and shall not be construed to relieve proposer of any obligations, responsibilities or liabilities under any resultant Contract.
Proposer’s failure to comply with the required insurance as set forth in the Insurance Requirements of the Agreement is a breach of contract, which may result in one or more of the following: suspension of work, suspension or termination of contract, remuneration of procurement costs for obtaining a replacement contractor, and suspension from submitting future proposal based on proposer’s default.
Proposer, at Proposer’s sole cost and expense, hereby promises and agrees to:
Acquire required insurance set forth in the Insurance Requirements of the Agreement.
Provide policies of insurance from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California prior to commencing any work and allowing any subcontractor to commence work on any subcontract until it has secured all required insurance unless otherwise permitted or waived in writing by City’s Risk Manager.
Maintain in force at all times during the term of any Contract, insurance policies as set forth in the Insurance Requirements of the Agreement; replace any policies whose carrier’s rating falls below A VII with policies that meet or better the required A VII rating no later than the renewal date of the policy; amend, supplement, or endorse existing insurance policies that do not meet the insurance requirements set forth in the Insurance Requirements.
Proposer certifies, represents, and commits to all the Insurance Requirements of the Agreement.
Signature:
Name/Title Date:
____________________________________________
Shahram Rahimian / Owner / November 18, 2025
Brea Towing Service, LLC
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REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM G
PROPOSER QUALIFICATIONS RESPONSE FORM
(Proposer’s Company Name)
Proposers must have demonstrated trustworthiness, as well as the necessary quality, fitness, capacity, and experience to satisfactorily provide the requirements specified in this Solicitation based on prior experience with city, references, and other available information.
Provide the information requested below. Do not omit or renumber any sections. All items listed must be submitted and checked off to ensure qualification responsiveness.
1. Background.
Please provide the following information about your company:
܆ Your company’s full legal name, address, phone, fax, email, website. ܆ Prior company names (if any) and years in business; mergers, buyouts, etc. ܆ Organizational structure (i.e. corp., LLC, sole proprietorship, etc.). ܆ Names and titles of the principal owner(s).
܆ Person(s) authorized to make commitments for your company. ܆ Special recognition or awards.
2. Experience.
Provide the following information relative to required services:
܆ Summary of Experience with similar kinds of work.
܆ Familiarity with state and federal procedures.
܆ Experience working with public agencies.
܆ Narrative of the working relationship with current business references for information not already included in the References Form.
3. Qualifications.
Provide the following information relative to required services:
܆ Financial responsibility.
܆ Demonstrated Technical Ability.
܆ Capability of developing innovative or advanced techniques. ܆ Special qualifications, training, credentials.
܆ Staff names, titles, role, qualifications, and experience assigned to this Project. ܆ Designated project manager assigned to this Project.
Brea Towing Service, LLC
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
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REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
4. Understanding.
Provide the following information relative to required services:
܆ Understanding of the work to be done based on this Solicitation. ܆ Include issues that you believe will require special consideration for this Project. ܆ Identify unique approaches or strengths your company has relative to required services.
5. Approach.
Provide the following information relative to required services:
܆ Understanding of the work to be done.
܆ Adequacy of labor and resources to satisfactorily perform the requested services and meet the City’s needs.
܆ Names and titles of key management personnel.
܆ Team to be assigned for these services.
Submitted by:
Signature:
Name/Title Date:
____________________________________________
Shahram Rahimian /Owner / November 18, 2025
x
x
x
x
x
x
x
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REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM H
FIRM PROPOSAL FORM
(Proposer’s Company Name)
FIRM PROPOSAL made by Proposer to the City of Brea:
I, the undersigned, hereby represent and warrant that I am authorized to submit this Proposal on behalf of and to bind the principals who I represent, to all the requirements of the City of Brea’s Terms and Conditions, Specifications, Scope or Work, any attachments, exhibits, amendments; and I offer and agree to those requirements at the prices set forth in the Proposal Form.
Further, I understand that no contract exists unless City accepts this Proposal by executing the attached Agreement.
Business Name: ___________________________________________ Business Address: ___________________________________________ Federal ID#: ___________________________________________ If any Work is a Public Works Contractor Lic#: _________ DIR#: _________ Business Type: ______ 1. Individual/Sole Proprietor or Single-Member LLC; 2. C Corporation; (Proposer enter a number) 3. Corporation; 4. Partnership; 5. Trust/Estate; 6. Limited Liability Co.
By: _______________________________ By: _______________________________ Name: Name:
Title: Title:
Email: Email:
Date Signed: November 18, 2025 Date Signed: November 18, 2025 CORPs: Chairperson, President, Vice President CORPs: Secretary, Assist. Secretary, Chief Finance LLCs Manager Officer, Assist. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), for limited liability companies, both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] 509 W. Lambert Rd. Brea, CA. 92821
33-0731968
Brea Towing Service, LLC
Brea Towing Service, LLC
Shahram Rahimian Shahram Rahimian
President
[email protected]
Chief Financial Officer
[email protected]
6 Page | 14
REQUEST FOR PROPOSALS
Police Towing Services
2025.10.28.01
STANDARD FORM I
PRICE FORM
(Proposer’s Company Name)
Separate and describe your tasks, and associated costs, for the Scope of Services requirements.
Attach additional pages if necessary.
Please note that pricing Must Be All-Inclusive. EACH PROPOSAL MUST BE INCLUSIVE OF ALL COSTS TO PERFORM THE REQUIRED SERVICES. Any and all costs of labor, transportation, materials, software, equipment, proprietary licenses, and any and all other fees, costs, taxes, insurance, and expenses necessary to comply with the requirements of this RFP and to provide the Services, must be included in the proposal price.
Additional comments/remarks:
_______________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ *The above rates are based on the currently approved rates of the Santa Ana Area California Highway Patrol.
Rates will adjust annually on July 1st based on the CHP approved rates.
Brea Towing Service, LLC
Light Duty Towing (Per hour) *
After Hours Towing (Per hour)
Storage - Cars & Motorcycles (Outside, Per day)
Storage - Cars & Motorcycles (Inside, Per day)
Medium Duty Towing (per hour)
Heavy Duty Towing (Per hour)
Storage - Commercial Vehicles (Per day)
Gate Fee/After hours Fee = 50% of hourly tow rate
Drop Fee = 50% of hourly tow rate
Evidence rates = See information in "Additional comments" 330.00
365.00
95.00 95.00
345.00
485.00
100.00
Page | 15
Evidence rates:
Towing: = 50% of the regular towing rates.
_____________________________________________________________________________ Storage: = 20% of the regular towing rates. _____________________________________________________________________________ ______________________