FOR CASH ACCOUNT: 284-99-999-999-1032- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 1285 07/25/2024 PRINTED 007451 EXP US SERVICES INC 1,462.50 1286 07/31/2024 PRINTED 007451 EXP US SERVICES INC 832.50 2 CHECKS CASH ACCOUNT TOTAL 2,295.00 .00 3 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 09/04/2024 08:16
User: jmanalo
Program ID: apchkrcn
UNCLEARED CLEARED
2 CHECKS FINAL TOTAL 2,295.00 .00 ** END OF REPORT - Generated by Jane Manalo **
4 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 09/04/2024 08:14
User: jmanalo
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 174898 08/22/2024 PRINTED 007030 A&M FIRST AID, INC. 10,000.50 174899 08/22/2024 PRINTED 000137 ADMINISTRATIVE SERVICES C 27,339.84 174900 08/22/2024 PRINTED 002904 ADMINSURE INC 9,363.00 174901 08/22/2024 PRINTED 000042 ALIN PARTY SUPPLY CO 398.40 174902 08/22/2024 PRINTED 005523 AMAZON CAPITAL SERVICES 881.08 174903 08/22/2024 PRINTED 000543 AQUA FLO SUPPLY 3,132.17 174904 08/22/2024 PRINTED 006426 B AND H PHOTO 11,039.50 174905 08/22/2024 PRINTED 004410 B D WHITE TOP SOIL CO INC 4,150.89 174906 08/22/2024 PRINTED 004641 BILLYE BATES 50.00 174907 08/22/2024 PRINTED 008370 BREANNE KELLY 3,879.12 174908 08/22/2024 PRINTED 001627 BSN SPORTS LLC 7,732.13 174909 08/22/2024 PRINTED 000167 CALIFORNIA PRO SPORTS 7,561.85 174910 08/22/2024 PRINTED 000079 CALIFORNIA WATER SERVICE 76,381.61 174911 08/22/2024 PRINTED 008141 CARTER PICTURE FRAMING & 2,446.44 174912 08/22/2024 PRINTED 001610 CHICAGO TITLE CO 262.00 174913 08/22/2024 PRINTED 004351 COLANTUONO HIGHSMITH AND 2,725.50 174914 08/22/2024 PRINTED 001629 CORTEZ GRAPHICS 882.00 174915 08/22/2024 PRINTED 006396 KIMBERLEY DAVENPORT 50.00 174916 08/22/2024 PRINTED 008364 DE'ANTE DUCKETT 2,500.00 174917 08/22/2024 PRINTED 007860 DEITRICK HADDON 7,500.00 174918 08/22/2024 PRINTED 000534 DIRECTV 173.13 174919 08/22/2024 PRINTED 001155 DISH 148.46 174920 08/22/2024 PRINTED 006876 DONS AUDIO VISUAL 9,207.00 174921 08/22/2024 PRINTED 008351 ERIC B. TALBERT 3,750.00 174922 08/22/2024 PRINTED 007994 ERIC MONDRAGON 5,000.00 174923 08/22/2024 PRINTED 003667 ERNESTINE LEVERETTE 50.00 174924 08/22/2024 PRINTED 000039 EWING IRRIGATION PRODUCTS 4,592.43 174925 08/22/2024 PRINTED 000355 FERGUSON ENTERPRISES INC 1,192.13 174926 08/22/2024 PRINTED 000221 FLEET PRIDE 576.32 174927 08/22/2024 PRINTED 001268 GBROS INC 675.55 174928 08/22/2024 PRINTED 000941 GOLDEN STATE WATER COMPAN 11,209.12 174929 08/22/2024 PRINTED 001093 SHIRLEY GRAVES 50.00 174930 08/22/2024 PRINTED 008361 THEMIS VIOLARIS 7,500.00 174931 08/22/2024 PRINTED 000234 THE HOME DEPOT INC 631.95 174932 08/22/2024 PRINTED 001798 CHINYERE IFEACHO 50.00 174933 08/22/2024 PRINTED 007778 IRENE T. VIERNES 50.00 174934 08/22/2024 PRINTED 008365 JANICE BALASTA JAVIER 1,500.00 174935 08/22/2024 PRINTED 007103 JOE A. GONSALVES & SON 8,000.00 174936 08/22/2024 PRINTED 007093 KILEY & ASSOCIATES LLC 5,000.00 174937 08/22/2024 PRINTED 008272 LARHONDA BROWN 50.00 174938 08/22/2024 PRINTED 004767 DELIA LOPEZ 50.00 174939 08/22/2024 PRINTED 000243 LOS ANGELES BUSINESS JOUR 19,000.00 174940 08/22/2024 PRINTED 000067 LOS ANGELES COUNTY DEPT O 74,412.88 174941 08/22/2024 PRINTED 007248 MARIA'S GARDEN CENTER & L 308.70 174942 08/22/2024 PRINTED 007999 MAURILIO CENDEJAS MORALES 1,639.82 174943 08/22/2024 PRINTED 006271 MAYFLOWER DISTRIBUTING CO 749.34 174944 08/22/2024 PRINTED 007310 VIGILANT SOLUTIONS, LLC 149,650.00 174945 08/22/2024 PRINTED 007964 MOUR GROUP ENGINEERING + 1,030.00 174946 08/22/2024 PRINTED 000173 MUNICIPAL MGMT ASSN OF SO 1,225.00 174947 08/22/2024 PRINTED 000173 MMASC 1,100.00 174948 08/22/2024 PRINTED 000563 JANNY NOA 104.32 174949 08/22/2024 PRINTED 010999 MYESHIA HORTON 101.59 5 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 09/04/2024 08:14
User: jmanalo
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 174950 08/22/2024 PRINTED 000528 PARTY PRONTO 3,213.00 174951 08/22/2024 PRINTED 008348 PERPETUA Z ROXAS 20,000.00 174952 08/22/2024 PRINTED 004862 PRINCIPAL LIFE INSURANCE 2,648.80 174953 08/22/2024 PRINTED 000118 JULIE RUIZ RABER 50.00 174954 08/22/2024 PRINTED 008230 RAJO, A CALIF. CORP 80.00 174955 08/22/2024 PRINTED 001255 JESSICA RAMOS 50.00 174956 08/22/2024 PRINTED 006571 RECREONICS INC 59.19 174957 08/22/2024 PRINTED 004145 CASSANDRA REED 50.00 174958 08/22/2024 PRINTED 003829 REGIONAL TAP SERVICE CENT 46.27 174959 08/22/2024 PRINTED 003304 REQUEST LINE MUSIC 650.00 174960 08/22/2024 PRINTED 010000 CARSON CHAPTER 3320 AARP 370.00 174961 08/22/2024 PRINTED 010000 CHRISTOPHER TAYLOR 500.00 174962 08/22/2024 PRINTED 010000 KARL S. STOKES 164.00 174963 08/22/2024 PRINTED 010000 POLLY TATUM 500.00 174964 08/22/2024 PRINTED 000402 ROADLINE PRODUCTS INC USA 179.27 174965 08/22/2024 PRINTED 002515 MYRNA RONQUILLO 50.00 174966 08/22/2024 PRINTED 001715 HARRIETT RUSS 50.00 174967 08/22/2024 PRINTED 000120 S AND S WORLDWIDE INC 112.22 174968 08/22/2024 PRINTED 000427 SAM'S CLUB DIRECT 11.14 174969 08/22/2024 PRINTED 000124 SEPULVEDA BUILDING MATERI 197.95 174970 08/22/2024 PRINTED 001803 VERGIE SEYMORE 50.00 174971 08/22/2024 PRINTED 000211 SMART AND FINAL IRIS 1,065.85 174972 08/22/2024 PRINTED 000171 SOUTHERN CALIFORNIA ASSOC 12,594.00 174973 08/22/2024 PRINTED 000240 SOUTHERN CALIFORNIA EDISO 37,090.66 174974 08/22/2024 PRINTED 007796 SOUTH BAY FORD INC 5,440.68 174975 08/22/2024 PRINTED 006249 STATE CONTROLLER 1,075.16 174976 08/22/2024 PRINTED 005013 SWAYZER CORPORATION 34,279.39 174977 08/22/2024 PRINTED 007780 TERESITA J. JUNIO 50.00 174978 08/22/2024 PRINTED 004017 TYLER TECHNOLOGIES 19,509.30 174979 08/22/2024 PRINTED 006769 CITY MANAGER 6,308.76 174980 08/22/2024 PRINTED 006404 UNIFIRST CORPORATION 1,928.28 174981 08/22/2024 PRINTED 001249 VERIZON WIRELESS 160.04 174982 08/22/2024 PRINTED 000437 ITELIA WALKER 50.00 174983 08/22/2024 PRINTED 000212 WEST COAST ARBORISTS 1,176.95 174984 08/22/2024 PRINTED 008247 YATAE A. LEWIS 4,000.00 174985 08/29/2024 PRINTED 007589 AISHA K. CHILDS 50.00 174986 08/29/2024 PRINTED 007692 ALBERT A. WEBB ASSOCIATES 6,471.25 174987 08/29/2024 PRINTED 000042 ALIN PARTY SUPPLY CO 435.62 174988 08/29/2024 PRINTED 006506 ALL IN ONE PARTIES 570.00 174989 08/29/2024 PRINTED 004388 AIS TRUST ACCOUNT NEWPORT 1,508.22 174990 08/29/2024 PRINTED 005523 AMAZON CAPITAL SERVICES 2,877.88 174991 08/29/2024 PRINTED 008006 ANGELA M. RIVERS 50.00 174992 08/29/2024 PRINTED 007663 ARTHUR R. BATUCAL 50.00 174993 08/29/2024 PRINTED 004410 B D WHITE TOP SOIL CO INC 2,370.37 174994 08/29/2024 PRINTED 007541 B&B DISCOUNT POOL & SPA S 605.48 174995 08/29/2024 PRINTED 008194 BARRIOS & ASSOCIATES, LLC 13,771.25 174996 08/29/2024 PRINTED 001438 BLUE DIAMOND MATERIALS 220.99 174997 08/29/2024 PRINTED 001435 ROBERT BOYD 50.00 174998 08/29/2024 PRINTED 001762 ROGER BRANCH JR 50.00 174999 08/29/2024 PRINTED 004165 CALIFORNIA CONSULTING 10,000.00 175000 08/29/2024 PRINTED 001489 CHOURA VENUE SERVICES 120.00 175001 08/29/2024 PRINTED 001311 LOUIS JOSEPH COGUT 50.00 6 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 09/04/2024 08:14
User: jmanalo
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 175002 08/29/2024 PRINTED 008147 CYNTHIA STAFFORD 500.00 175003 08/29/2024 PRINTED 000268 DAILY JOURNAL CORP 353.40 175004 08/29/2024 PRINTED 007176 DAVEY COACH SALES INC. 6,008.62 175005 08/29/2024 PRINTED 000534 DIRECTV 251.24 175006 08/29/2024 PRINTED 007595 DONNIE R. DORSEY 50.00 175007 08/29/2024 PRINTED 006876 DONS AUDIO VISUAL 1,221.50 175008 08/29/2024 PRINTED 001590 ENVIRONMENTAL SCIENCE ASS 3,217.59 175009 08/29/2024 PRINTED 000039 EWING IRRIGATION PRODUCTS 1,354.87 175010 08/29/2024 PRINTED 000355 FERGUSON ENTERPRISES INC 1,147.08 175011 08/29/2024 PRINTED 006733 FRESH PRINTS LA 344.53 175012 08/29/2024 PRINTED 003563 FUN EXPRESS LLC 185.71 175013 08/29/2024 PRINTED 005044 ROMEO GALEON 50.00 175014 08/29/2024 PRINTED 000941 GOLDEN STATE WATER COMPAN 483.58 175015 08/29/2024 PRINTED 000793 GRAINGER 407.00 175016 08/29/2024 PRINTED 007678 HEIDI LETICIA ROMERO 50.00 175017 08/29/2024 PRINTED 000234 THE HOME DEPOT INC 6,305.33 175018 08/29/2024 PRINTED 008188 HOUSE OF VIBES NUTRITION 200.00 175019 08/29/2024 PRINTED 007596 KEITH EDWARD ARNOLD 50.00 175020 08/29/2024 PRINTED 000663 LANGUAGE NETWORK 6,525.33 175021 08/29/2024 PRINTED 006596 PRENTISS E LEWIS 50.00 175022 08/29/2024 PRINTED 004284 LIFE INSURANCE COMPANY OF 63,095.40 175023 08/29/2024 PRINTED 004435 LINCOLN AQUATICS 2,810.73 175024 08/29/2024 PRINTED 000243 LOS ANGELES BUSINESS JOUR 1,200.00 175025 08/29/2024 PRINTED 000067 LOS ANGELES COUNTY DEPT O 102,027.95 175026 08/29/2024 PRINTED 000178 LOS ANGELES COUNTY 6.00 175027 08/29/2024 PRINTED 007248 MARIA'S GARDEN CENTER & L 1,657.02 175028 08/29/2024 PRINTED 007966 MARINA GRAPHIC CENTER, IN 951.46 175029 08/29/2024 PRINTED 008373 MARK LIDDELL 250.00 175030 08/29/2024 PRINTED 006776 MEDIASTAR INC 1,652.40 175031 08/29/2024 PRINTED 007605 MICHAEL K WILSON 50.00 175032 08/29/2024 PRINTED 010999 KENT TRAN 658.25 175033 08/29/2024 PRINTED 003832 PARS - PUBLIC AGENCY RETI 1,496.20 175034 08/29/2024 PRINTED 004862 PRINCIPAL LIFE INSURANCE 2,702.70 175035 08/29/2024 PRINTED 001128 QUINN COMPANY 440.44 175036 08/29/2024 PRINTED 001081 BRIAN RABER 50.00 175037 08/29/2024 PRINTED 006973 RACE TELECOMMUNICATIONS, 1,061.18 175038 08/29/2024 PRINTED 010000 ELIZABETH ORDONEZ 6,325.00 175039 08/29/2024 PRINTED 007230 RICHARD A HERNANDEZ 100.00 175040 08/29/2024 PRINTED 000791 EMMANUEL A SALOMON 50.00 175041 08/29/2024 PRINTED 000427 SAM'S CLUB DIRECT 242.34 175042 08/29/2024 PRINTED 007957 SAMUEL DACUS 50.00 175043 08/29/2024 PRINTED 001667 SEA COAST DESIGN GROUP IN 652.26 175044 08/29/2024 PRINTED 007632 SEAY, AL CARNEL 50.00 175045 08/29/2024 PRINTED 003159 SITEONE LANDSCAPE SUPPLY 3,603.81 175046 08/29/2024 PRINTED 008371 SJL MARKETING INC 25,000.00 175047 08/29/2024 PRINTED 000211 SMART AND FINAL IRIS 1,076.64 175048 08/29/2024 PRINTED 000240 SOUTHERN CALIFORNIA EDISO 33,419.30 175049 08/29/2024 PRINTED 007386 KAISER FOUNDATION HEALTH 305.00 175050 08/29/2024 PRINTED 004417 SOCALGAS 6,928.39 175051 08/29/2024 PRINTED 004977 CHARTER COMMUNICATION 3,609.36 175052 08/29/2024 PRINTED 000289 STATE OF CA DOJ/ACCTG OFF 257.00 175053 08/29/2024 PRINTED 006654 SWANK MOTION PICTURES INC 490.00 7 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 09/04/2024 08:14
User: jmanalo
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 175054 08/29/2024 PRINTED 007956 THOMAS WOODS 50.00 175055 08/29/2024 PRINTED 007981 TOTAL IMAGING SOLUTIONS, 695.00 175056 08/29/2024 PRINTED 007705 TRANSTECH ENGINEERS, INC. 31,706.00 175057 08/29/2024 PRINTED 004017 TYLER TECHNOLOGIES 58,794.00 175058 08/29/2024 PRINTED 006769 CITY MANAGER 3,637.94 175059 08/29/2024 PRINTED 000002 UNITED RENTALS (NORTH AME 2,156.50 175060 08/29/2024 PRINTED 007730 URM TECHNOLOGIES, INC. 6,589.03 175061 08/29/2024 PRINTED 007124 VARGAS AND RAMIREZ SPORTS 276.51 175062 08/29/2024 PRINTED 001249 VERIZON WIRELESS 190.18 175063 08/29/2024 PRINTED 001011 W.G. ZIMMERMAN ENGINEERIN 13,680.00 175064 08/29/2024 PRINTED 000562 THE WALKING MAN INC 800.00 175065 08/29/2024 PRINTED 002925 KARL WILVERT 50.00 175066 08/29/2024 PRINTED 004222 RICHARD WOODS JR 50.00 175067 08/29/2024 PRINTED 000144 YAMADA CO INC 2,063.55 175068 08/29/2024 PRINTED 008099 NGOZICHUKWU MORDI 11,550.00 175069 08/29/2024 PRINTED 008041 NORBERT DE LENDORFF 32,400.00 172 CHECKS CASH ACCOUNT TOTAL 1,135,779.06 .00 8 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 09/04/2024 08:14
User: jmanalo
Program ID: apchkrcn
UNCLEARED CLEARED
172 CHECKS FINAL TOTAL 1,135,779.06 .00 ** END OF REPORT - Generated by Jane Manalo **
9 CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
Agenda Ready File 2024-0760 CHA Demand Reso No 24-09-CHA 9.17.24.pdf 701 East Carson Street
CITY OF CARSON
801 E. Carson St., Hall B
File #: 2024-0760, Version: 1
RESOLUTION NO. 24-09-CHA
RESOLUTION NO. 24-09-CHA, A RESOLUTION OF THE CARSON HOUSING AUTHORITY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $47,124.00, DEMAND CHECK NUMBERS HA-002000 THROUGH HA-002009
THE CARSON HOUSING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: The claims and demands have been reviewed and verified for accuracy and compliance with the budget and applicable agreements and are hereby ratified in the amount hereinafter set forth, a copy of which is attached hereto as Exhibit No. 1.
SECTION 2: On September 17, 2024, the Carson Housing Authority ratified the above demand numbers HA-002000 through HA-002009. The City Treasurer is hereby directed to pay, out of the funds named hereon, to each of the claimants listed above, the amount of warrant appearing opposite their respective names, for the purpose stated on the respective demands, making a total of $47,124.00.
SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED and ADOPTED this 17th DAY OF SEPTEMBER, 2024.
CARSON HOUSING AUTHORITY, acting as the successor
housing agency of the CARSON REDEVELOPMENT
AGENCY, a public body
By:
APPROVED AS TO FORM: CITY OF CARSON:
Sunny K. Soltani, Agency Counsel Lula Davis-Holmes, Chairman ATTEST:
Dr. Khaleah K. Bradshaw, Secretary
CITY OF CARSON Printed on 9/11/2024Page 1 of 2
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1 File #: 2024-0760, Version: 1
CERTIFICATION
In accordance with Section 37202 of the California Government Code, I hereby certify that the above demands are accurate and that funds are available for payment thereof.
I certify under penalty of perjury that the foregoing is true and correct.
EXECUTED THE __________ DAY OF
_________________ AT CARSON, CALIFORNIA:
David C. Roberts, Jr., Executive Director
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, Secretary of the Carson Housing Authority, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 24-09-CHA, adopted by the Carson Housing Authority at its held on September 17, 2024, by the following vote:
AYES: AUTHORITY BOARD MEMBERS:
NOES: AUTHORITY BOARD MEMBERS:
ABSTAIN: AUTHORITY BOARD MEMBERS:
ABSENT: AUTHORITY BOARD MEMBERS:
Dr. Khaleah K. Bradshaw, Secretary
CITY OF CARSON Printed on 9/11/2024Page 2 of 2
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2 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 09/04/2024 08:32
User: jmanalo
Program ID: apchkrcn
FOR CASH ACCOUNT: 255-99-999-999-1012- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2000 07/11/2024 PRINTED 000114 CITY OF CARSON PETTY CASH 75.00 2001 07/18/2024 PRINTED 006884 LYFT, INC. 129.49 2002 07/25/2024 PRINTED 000423 AVALON COURTYARD, LLC 13,481.50 2003 07/25/2024 PRINTED 000547 CARSON TERRACE PARTNERS L 6,110.00 2004 08/01/2024 PRINTED 000685 AMERINATIONAL COMMUNITY S 666.67 2005 08/01/2024 PRINTED 000423 AVALON COURTYARD, LLC 12,398.00 2006 08/01/2024 PRINTED 000547 CARSON TERRACE PARTNERS L 6,110.00 2007 08/08/2024 PRINTED 000114 CITY OF CARSON PETTY CASH 43.34 2008 08/29/2024 PRINTED 001924 THE BANK OF NEW YORK MELL 2,000.00 2009 08/29/2024 PRINTED 000547 CARSON TERRACE PARTNERS L 6,110.00 10 CHECKS CASH ACCOUNT TOTAL 47,124.00 .00 3 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 09/04/2024 08:32
User: jmanalo
Program ID: apchkrcn
UNCLEARED CLEARED
10 CHECKS FINAL TOTAL 47,124.00 .00 ** END OF REPORT - Generated by Jane Manalo **
4 CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
Agenda Ready File 2024-0761 CSA Demand Reso No 24-09-CSA 9.17.24.pdf 701 East Carson Street
CITY OF CARSON
801 E. Carson St., Hall B
File #: 2024-0761, Version: 1
RESOLUTION NO. 24-09-CSA
RESOLUTION NO. 24-09-CSA, A RESOLUTION OF THE CARSON SUCCESSOR AGENCY RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $29.60, DEMAND CHECK NUMBERS SA-001931 THROUGH SA-001931
THE CARSON SUCCESSOR AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: The claims and demands have been reviewed and verified for accuracy and compliance with the budget and applicable agreements and are hereby ratified in the amount hereinafter set forth, a copy of which is attached hereto as Exhibit No. 1.
SECTION 2: On September 17, 2024, the Carson Successor Agency ratified the above demand numbers SA-001931 THROUGH SA-001931. The City Treasurer is hereby directed to pay, out of the funds named hereon, to each of the claimants listed above, the amount of warrant appearing opposite their respective names, for the purpose stated on the respective demands, making a total of $29.60.
SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED and ADOPTED this 17th DAY OF SEPTEMBER, 2024.
CARSON SUCCESSOR AGENCY to the dissolved CARSON
REDEVELOPMENT AGENCY, a public body
APPROVED AS TO FORM: CITY OF CARSON:
Sunny K. Soltani, Agency Counsel Lula Davis-Holmes, Chairman ATTEST:
Dr. Khaleah K. Bradshaw, Secretary
CITY OF CARSON Printed on 9/11/2024Page 1 of 2
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1 File #: 2024-0761, Version: 1
CERTIFICATION
In accordance with Section 37202 of the California Government Code, I hereby certify that the above demands are accurate and that funds are available for payment thereof.
I certify under penalty of perjury that the foregoing is true and correct.
EXECUTED THE __________ DAY OF
_________________ AT CARSON, CALIFORNIA:
David C. Roberts, Jr., Executive Director
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, Secretary of the Carson Successor Agency, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 24-09-CSA, adopted by the Carson Successor Agency at its meeting held on September 17, 2024, by the following vote:
AYES: AGENCY BOARD MEMBERS:
NOES: AGENCY BOARD MEMBERS:
ABSTAIN: AGENCY BOARD MEMBERS:
ABSENT: AGENCY BOARD MEMBERS:
Dr. Khaleah K. Bradshaw, Secretary
CITY OF CARSON Printed on 9/11/2024Page 2 of 2
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2 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 09/04/2024 08:46
User: jmanalo
Program ID: apchkrcn
FOR CASH ACCOUNT: 782-99-999-999-1030- FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 1931 07/25/2024 PRINTED 000797 ALESHIRE AND WYNDER LLP 29.60 1 CHECKS CASH ACCOUNT TOTAL 29.60 .00 3 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 09/04/2024 08:46
User: jmanalo
Program ID: apchkrcn
UNCLEARED CLEARED
1 CHECKS FINAL TOTAL 29.60 .00 ** END OF REPORT - Generated by Jane Manalo **
4 CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
(Item#19) 2024-0765.pdf
701 East Carson Street
CITY OF CARSON
701 E. Carson St.
File #: 2024-0765, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:
CONSIDER MONTHLY INVESTMENT AND CASH REPORT FOR THE CITY OF
CARSON, CARSON HOUSING AUTHORITY, CARSON SUCCESSOR AGENCY- MONTH ENDING AUGUST 31, 2024
I. SUMMARY
Submitted to the Mayor and City Council is the monthly Investment and Cash Report for the City of Carson, former Successor Agency and Carson Housing Authority for the month ending August 31, 2024. Following are the total reserves and cash on hand for the City of Carson and each Carson entity:
City of Carson reserves (Invested assets): $226,901,564.68 City of Carson available cash: $29,484,725.44
Restricted funds for the city of Carson include cash on hand and reserves for the Successor Agency, Housing Authority and Co-Op Agreement:
Total City of Carson restricted funds: $32,940,135.57
II. RECOMMENDATION
RECEIVE and FILE.
III. ALTERNATIVES
TAKE another action the Council deems appropriate.
IV. BACKGROUND
The monthly Investment and Cash Report is submitted to the Mayor and City Council to CITY OF CARSON Printed on 9/11/2024Page 1 of 2
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1 File #: 2024-0765, Version: 1
The monthly Investment and Cash Report is submitted to the Mayor and City Council to ensure the legislative body is kept abreast of reserves and available cash for each Carson entity. The report includes the reserves for the City of Carson, former Successor Agency and the Housing Authority.
The investment program herein provides sufficient liquidity to meet six months of estimated expenditures. All investments follow the California state code 503600, City of Carson Investment Policy and all applicable bond indentures.
V. FISCAL IMPACT
None
VI. EXHIBITS
1. Summary of Cash (Pg. 3)
2. City of Carson Investment (Pgs.4-6)
3. City of Carson Successor Agency Investments (Pg.7)
Prepared by: Monica Cooper, City Treasurer
CITY OF CARSON Printed on 9/11/2024Page 2 of 2
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2 Cash and Investment Report Summary
City of Carson, Carson Successor Agency, Carson Housing Authority August 31, 2024
Av
ailable Cash Invested Funds
General Fund $29,484,725.44 $226, 901,564.68
S
uccessor Agency (restricted revenue) $15,886,015.59 $7,489,604.2 Housing Authority (restricted revenue) $ 7,611,896.14
Co-Op Agreement (restricted revenue) $ 1,952,619.64
3 EXHIBIT NO. 1
C
ITY OF CARSON PORTFOLIO RESERVES SUMMARY
FOR THE MONTH ENDING
AUGUST 31, 2024
Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio Cash
BNY Cash Reserve Cash MM1159A 0.000 6,854,468.47 6,854,468.47 6,854,468.47 3.02 Preferred Premier Cash MM942 4.000 38,859,172.99 38,859,172.99 38,859,172.99 17.13 Sub Total / Average Cash 3.400 45,713,641.46 45,713,641.46 45,713,641.46 20.15 Certificate Of Deposit
American Express Natl BK 1.8 3/3/2025 02589ABM3 1.800 245,000.00 245,000.00 241,153.40 0.11 Eaglemark Saving Bank 2 3/2/2027 27004PCM3 2.000 245,000.00 245,000.00 233,404.93 0.11 East/West Bank 4.1 2/9/2025 178208467A 4.100 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.1 2/9/2025 178740303A 4.100 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.1 2/9/2025 1787740303A 4.100 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.1 2/9/2025 17854698A 4.100 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.1 2/9/2025 178659182 4.100 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.15 1/24/2025 178064422A 4.150 2,000,000.00 2,000,000.00 2,000,000.00 0.88 East/West Bank 4.15 1/24/2025 178944242A 4.150 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.15 1/24/2025 178502444A 4.150 2,000,000.00 2,000,000.00 2,000,000.00 0.88 East/West Bank 4.15 1/24/2025 178417994A 4.150 2,000,000.00 2,000,000.00 2,000,000.00 0.88 East/West Bank 4.15 1/24/2025 1178622841A 4.150 2,000,000.00 2,000,000.00 2,000,000.00 0.88 East/West Bank 4.6 11/2/2024 01-78585526 4.600 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.6 11/2/2024 01-78800198 4.600 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.6 11/2/2024 01-78225460 4.600 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.6 11/3/2024 01-78002788 4.600 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.6 11/4/2024 01-78011696 4.600 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 5.03 10/27/2024 30000006915 5.030 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 5.2 2/1/2025 6907A 5.200 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 5.22 10/26/2024 300691-E 5.220 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 5.22 10/26/2024 300683-J 5.220 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 5.22 10/28/2024 306119-G 5.220 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 5.22 10/29/2024 300000003703 5.220 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 5.22 11/10/2024 7199-B 5.220 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 5.22 11/10/2024 7180-A 5.220 1,000,000.00 1,000,000.00 1,000,000.00 0.44 4 EXHIBIT NO. 2
Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio Preferred Bank 5.25 2/1/2025 6893A 5.250 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Sallie Mae Bank/ Salt Lake 1 7/14/2026 7954507A7 1.000 250,000.00 250,000.00 235,624.98 0.11 Toyota Finl Svgs BK 1.05 10/21/2026 8923M-LW-9 1.050 245,000.00 245,000.00 230,069.53 0.11 USBS BANK1.05 10/27/2026 90348JV56 1.050 245,000.00 245,000.00 229,883.11 0.11 Sub Total / Average Certificate Of Deposit 4.425 29,230,000.00 29,230,000.00 29,170,135.95 12.88 Corporate
Bank of America 1.4 5/14/2026-22 06048WL99 1.400 300,000.00 300,000.00 283,539.00 0.13 BERKSHIRE HATHAWAY FIN 2.3 3/15/2027 084664CZ2 2.580 300,000.00 296,087.07 287,826.00 0.13 GOOGLE- Alphabet Inc. 1.998 8/15/2026 02079KAC1 2.000 300,000.00 299,972.90 288,561.00 0.13 John Deere Capital Corp 1.05 6/17/2026 24422EVR7-A 1.050 300,000.00 300,000.00 283,560.00 0.13 JPMORGAN CHASE CO 1.2 4/30/2026-23 48128G3G3 1.200 300,000.00 300,000.00 283,902.00 0.13 TARGET CORPORATION 1.95 1/15/2027 87612EBM7 1.990 500,000.00 499,063.55 477,245.00 0.22 Truist Bank 1.5 3/10/2025 89788JAA7 1.850 250,000.00 245,845.97 245,240.00 0.11 WestPac BKG Corp 1.019 11/18/2024 961214EU3 1.019 300,000.00 300,000.00 297,315.00 0.13 Sub Total / Average Corporate 1.660 2,550,000.00 2,540,969.49 2,447,188.00 1.12 Local Government Investment Pool
LAIF LGIP LGIP9143 4.579 35,105,090.34 35,105,090.34 35,105,090.34 15.47 Sub Total / Average Local Government Investment
Pool 4.579 35,105,090.34 35,105,090.34 35,105,090.34 15.47 Money Market
East/West Bank MM 22305 3.570 83,306,382.24 83,306,382.24 83,306,382.24 36.71 Sub Total / Average Money Market 3.570 83,306,382.24 83,306,382.24 83,306,382.24 36.71 US Agency
FAMC 0.77 12/6/2024 31422XQV7 0.770 996,450.64 996,450.64 985,569.40 0.44 FAMC 1.57 2/18/2025 31422XUH3 1.570 1,000,000.00 1,000,000.00 985,960.00 0.44 FAMC 2.3 3/8/2027 31422XVA7 2.300 1,000,000.00 1,000,000.00 958,810.00 0.44 FAMC 3 8/15/2025 31422XD74 3.280 1,000,000.00 992,106.27 984,590.00 0.44 FFCB 0.84 3/2/2026-21 3133EMSK9 0.907 1,000,000.00 996,743.00 953,080.00 0.44 FFCB 1.27 11/2/2026 3133ENCQ1 1.270 1,000,000.00 1,000,000.00 941,900.00 0.44 FFCB 1.43 11/23/2026-22 3133ENEM8 1.430 1,000,000.00 1,000,000.00 943,750.00 0.44 FFCB 1.53 1/26/2026 3133ENLDO 1.530 2,000,000.00 2,000,000.00 1,930,860.00 0.88 FHLB 1 3/26/2026-21 313ALMV3 1.000 1,000,000.00 1,000,000.00 951,360.00 0.44 FHLB 1 9/30/2026 3130AP6D2 1.000 1,000,000.00 1,000,000.00 938,360.00 0.44 FHLB 1.125 10/14/2026 313OAPBS3 1.125 1,000,000.00 1,000,000.00 940,740.00 0.44 FHLB 1.13 7/20/2026 3130AN3R9 1.130 1,000,000.00 1,000,000.00 945,890.00 0.44 FHLB 1.3 11/24/2026-22 3130APU37 1.326 1,000,000.00 998,750.00 941,450.00 0.44 FHLB 1.31 10/28/2026 3130APLN3 1.310 1,000,000.00 1,000,000.00 943,490.00 0.44 FHLB 1.375 11/16/2026 3130APLP8 1.375 1,000,000.00 1,000,000.00 943,590.00 0.44 FHLB 1.5 1/27/2027 3130AQHM8 1.500 1,000,000.00 1,000,000.00 942,410.00 0.44 5 Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio FHLB 5 10/18/2027 3130ATH34 5.000 1,000,000.00 1,000,000.00 999,520.00 0.44 FHLB 5 9/27/2024 3130AVJZ6 5.000 1,000,000.00 1,000,000.00 999,760.00 0.44 FHLB 5.125 12/20/2024 3130AUHL1 5.125 1,000,000.00 1,000,000.00 999,230.00 0.44 FHLMC 2.05 3/17/2025 3134GXMJO 2.060 1,000,000.00 999,701.62 986,190.00 0.44 FHLMC 4.12 9/29/2025 3134GX2M5 4.145 1,000,000.00 999,273.00 998,750.00 0.44 FHLMC 5.1 10/28/2025 3134GX4R2 5.116 1,000,000.00 999,513.00 999,140.00 0.44 FHLMC 5.2 2/24/2026 3134GYH96 5.259 500,000.00 499,177.36 499,995.00 0.22 FHLMC 5.25 2/17/2026-24 3134GYJ86 5.268 500,000.00 499,750.00 500,010.00 0.22 Sub Total / Average US Agency 2.336 23,996,450.64 23,981,464.89 23,214,404.40 10.58 US Treasury
T-Bond 1.125 1/22/2025 91282CDS7 1.125 1,000,000.00 1,000,000.00 986,510.00 0.44 T-Bond 3.125 8/15/2025 91282CFE6 3.246 1,000,000.00 996,573.44 988,130.00 0.44 T-Bond 4.125 2/15/2027 91282CKA8 4.424 1,000,000.00 991,750.00 1,006,090.00 0.44 T-Note 3 7/15/2025 91282CEY3 4.739 2,000,000.00 1,966,765.62 1,975,080.00 0.88 T-Note 4 1/31/2029 91282CJW2 4.283 1,000,000.00 987,532.55 1,010,080.00 0.44 T-Note 4 2/25/2026 91282CGL9 4.469 1,000,000.00 989,003.13 998,320.00 0.44 Sub Total / Average US Treasury 3.861 7,000,000.00 6,931,624.74 6,964,210.00 3.09 Total / Average 3.659 226,901,564.68 226,809,173.16 225,921,052.39 100 6 C
ITY OF CARSON SUCCESSOR AGENCY PORTFOLIO RESERVES SUMMARY
FOR THE MONTH ENDING
AUGUST 31, 2024
Description CUSIP/Ticker YTM @ Cost Face Amount/Shares Cost Value Market Value % of Portfolio Cash
Preferred Bank Cash MM0099 4.000 6,059,446.72 6,059,446.72 6,059,446.72 80.90 Sub Total / Average Cash 4.000 6,059,446.72 6,059,446.72 6,059,446.72 80.90 Local Government Investment Pool
LAIF LGIP LGIP9016 4.579 1,430,157.48 1,430,157.48 1,430,157.48 19.10 Sub Total / Average Local Government Investment Pool 4.579 1,430,157.48 1,430,157.48 1,430,157.48 19.10 Total / Average 4.111 7,489,604.20 7,489,604.20 7,489,604.20 100 7 EXHIBIT NO. 3
CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
Agenda Ready 2024-0737 Intra Budget Transfers 9.17.24.pdf 701 East Carson Street
CITY OF CARSON
801 E. Carson St., Hall B
File #: 2024-0737, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:
CONSIDER A REPORT ON ALL INTRADEPARTMENTAL BUDGET TRANSFERS
APPROVED UNDER THE CITY MANAGER OR DESIGNEE AUTHORITY FOR THE MONTHS OF JULY AND AUGUST OF 2024 PER ORDINANCE 24-2401 (CITY
COUNCIL)
I. SUMMARY
On February 20, 2024 (Item No. 27) Council approved the second reading of Ordinance 24 -2401 amending section 2955.1 (Budget Transfers) of Chapter 9.5 (Fiscal Administration) of Article II (Administration) of the Carson Municipal Code. Section 2 requires that once per month during a regular City Council meeting, a list of all intradepartmental budget transfers approved under City Manager authority, including any Departmental Director-approved transfers, shall be presented to the City Council. Staff are presenting to Council a report for Intradepartmental transfers authorized by the City Manager or Designee for the period of June 1, 2024, through June 30, 2024 (Exhibit No. 1).
This staff report outlines departmental budget transfers for review by the City Council. It provides a comprehensive overview of the proposed transfers, their rationale, and the impact on departmental operations. The report aims to ensure transparency and fiscal responsibility in managing the city's budget.
II. RECOMMENDATION
RECEIVE and FILE this information.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate and consistent with the requirements of the law.
CITY OF CARSON Printed on 9/10/2024Page 1 of 2
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1 File #: 2024-0737, Version: 1
IV. BACKGROUND
The city's budget is a critical tool for allocating resources to various departments and initiatives, ensuring the efficient delivery of services to residents. Throughout the fiscal year, departments may encounter unforeseen circumstances or evolving priorities that necessitate adjustments to their budgets. These adjustments often involve transferring funds between line items to address emerging needs or to capitalize on new opportunities.
In compliance with city regulations, department directors may also approve intradepartmental budget transfers within their respective Departments on terms prescribed by the City Manager (subject to compliance with this section and applicable law), except that: (i) Department Directors shall not be permitted to approve any intradepartmental budget transfers involving personnel-related funds or expenditures, such as salaries or benefits; and (ii) the City Manager shall have authority to restrict (including by removing) the intradepartmental budget transfer authority of one or more Department Directors as deemed necessary in the City Manager’s sole discretion.
These requests undergo careful review to assess the justification, necessity, and potential impact of the proposed transfers. The City Manager's office then presents these requests to the City Council.
Attached as Exhibit 1 is the Intradepartmental Transfers Report for City Manager or Designee Authority executed in July and August of 2024.
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. Intradepartmental Transfers for July and August of 2024. (pg. 3) Prepared by: William Jefferson, Director of Finance
CITY OF CARSON Printed on 9/10/2024Page 2 of 2
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2 INTRADEPARTMENTAL TRANSFERS
EFFECTIVE DATE DEPARTMENT ACCOUNT FROM AMOUNT
FROM ACCOUNT TO AMOUNT TO DESCRIPTION OF TRANSFER
8/6/2024 Public Safety 101-55-592-158-8003 $ 10,000.00 101-55-592-158-6009 10,000.00$ To allocate funds for the Animal Control Materials and Supplies account to support the Animal Control Officer
8/20/2024 Public Safety 101-55-593-138-6001 $ 1,500.00 101-55-592-251-7002 1,500.00$ To designate funds for the expense associated with the PSEO's Ford Lightning EV charging stations EXHIBIT NO. 1 3
CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
Agenda Ready 2024-0762 City Contracts 9.17.24.pdf
701 East Carson Street
CITY OF CARSON
701 E. Carson St.
File #: 2024-0762, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:
CONSIDER A REPORT OF ALL CITY CONTRACTS APPROVED UNDER CITY MANAGER OR DESIGNEE AUTHORITY FOR THE PERIOD JULY 1, 2024 THROUGH AUGUST 31, 2024 PURSUANT TO CMC SECTION 2607 (CITY COUNCIL) I. SUMMARY
On January 9, 2024 (Item No. 27), Council approved the final reading of Ordinance No. 23- 2309 amending various section amending various sections of Chapter 6 (Purchasing System) of Article II (Administration) of the Carson Municipal Code. Section 2607 requires that all City Contracts approved under City Manager or Designee (Section 2605) authority be presented to Council monthly. Staff are presenting to Council a report for contracts authorized by the City Manager or Designee for the period July 1, 2024 through August 31, 2024. Due to the cancellation of the August 20, 2024 meeting, this report covers multiple periods.
II. RECOMMENDATION
RECEIVE and FILE this information.
III. ALTERNATIVES
TAKE another action as deemed appropriate by the City Council, consistent with the requirements of the law.
IV. BACKGROUND
The City of Carson (“City”)became a charter city as of November 6, 2018. All charter cities have the right to adopt and enforce ordinances, regulations and laws regarding municipal affairs, subject only to conflicting provisions in the federal and state Constitutions and to preemptive state law (California Constitution, Article XI, Section 5; Domar Elec. Inc. v. City CITY OF CARSON Printed on 9/12/2024Page 1 of 2
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1 File #: 2024-0762, Version: 1
of Los Angeles, 9 Cal.4th 161 (1994)).
On February 8, 2024, the Ordinance No. 23-209 went into effect following the applicable readings and protest period. As a result, one of the changes made to CMC Chapter 6 was the requirement to report all City Contracts entered into by authorization of the City Manager, or Designee, on a monthly basis to the Council.
Attached as Exhibit 1 is the Contract Report for City Manager or Designee Authority executed between July 1, 2024 through August 31, 2024.
V. FISCAL IMPACT
None.
VI. EXHIBITS
1. Contract Report - City Manager or Designee Authority (pg. 3) Prepared by: Josilla Togiola, Purchasing Manager, William Jefferson, Finance Director CITY OF CARSON Printed on 9/12/2024Page 2 of 2
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2 Authorized
Signatory
Original/
Amendment
Contract
Number Vendor Name Vendor
Number Category Description of Service Sum Department
Effective Date
(Attestation Date -
pg 1)
Expiration Date Notes
W JEFFERSON Renewal 24-088 PITNEY BOWES 1020 LEASE AGREEMENT NASPO VALUEPOINT FMV LEASE AGREEMENT $19,081.20 FINANCE 7/1/2024 7/1/2029 D ROBERTS Original 24-116 HARRELL AND COMPANY ADVISORS LLC 5113 CONSULTANT CA DEBT & INVESTMENT ADVISORY COMMISSION REPORTS $40,000.00 FINANCE 7/1/2024 6/30/2027 D ROBERTS Original 24-138 THE WALKING MAN INC 562 CONSULTANT ON-CALL FLYER DISTRIBUTION $45,000.00 FINANCE 7/1/2024 6/30/2027 S NAASEH Original 24-166 TELECOM LAW FIRM PC 5079 CONSULTANT ON-CALL WIRELESS APPLICATION REVIEW $3,000.00 COMMUNITY DEVELOPMENT 7/9/2024 7/8/2025 S NAASEH Amendment No. 1 24-166 TELECOM LAW FIRM PC 5079 CONSULTANT ON-CALL WIRELESS APPLICATION REVIEW $10,000.00 COMMUNITY DEVELOPMENT 7/9/2024 7/8/2025 M WHITTIKER Original 24-180 ABILITY FIRST 801 LICENSE AGREEMENT SWIMMING FACILITIES LICENSE AGREEMENT $3,750.00 COMMUNITY SERVICES 7/22/2024 12/31/2024 D ROBERTS Original 24-168 LEARNING TREE INTERNATIONAL USA, INC. 8171 CONSULTANT ITIL TRAINING CAMP $18,407.00 IT 7/24/2024 7/23/2025 D ROBERTS Original 24-176 NTH GENERATION COMPUTING, INC. 8358 CONSULTANT ONE-TIME DATA MIGRATION $65,760.00 IT 8/5/2024 8/4/2025 D ROBERTS Original 24-197 ILLUMA ELECTRIC DESIGN LLC 8284 CONSULTANT NEW FLAGPOLE CABLE & ASSEMBLY INSTALLATION $6,268.00 COMMUNITY SERVICES 8/14/2024 8/13/2025 M WHITTIKER Original 24-160 JOHN D LOYOLA 7499 EVENT SERVICE PROVIDE AGREEMENT 2024 CSCA WELCOME DINNER $200.00 ISPM 07/29/24 * T RAHMANI Original 24-172 NICHOLAS MILLER 7462 EVENT SERVICE PROVIDE AGREEMENT CSCA FAREWELL DINNER $500.00 ISPM 08/05/24 * M WHITTIKER Original 24-174 BROADCAST SUPPORT INC 4297 EVENT SERVICE PROVIDE AGREEMENT 2024 ONCE ON THIS ISLAND JR MUSICAL $1,725.00 COMMUNITY SERVICES 08/09/24 * M WHITTIKER Original 24-163 FAITH MANAGEMENT 8332 EVENT SERVICE PROVIDE AGREEMENT 2024 FAMFEST $15,000.00 COMMUNITY SERVICES 08/24/2024 * M WHITTIKER Original 24-164 ERIC MONDRAGON dba DW3 MUSIC 7994 EVENT SERVICE PROVIDE AGREEMENT 2024 FAMFEST $6,000.00 COMMUNITY SERVICES 08/24/2024 * M WHITTIKER Original 24-192 YATAE A. LEWIS 8247 EVENT SERVICE PROVIDE AGREEMENT 2024 FAMFEST $4,000.00 COMMUNITY SERVICES 08/24/2024 * M WHITTIKER Original 24-194 JANICE BALASTA JAVIER 8365 EVENT SERVICE PROVIDE AGREEMENT 2024 FAMFEST $1,500.00 COMMUNITY SERVICES 08/24/2024 * M WHITTIKER Original 24-195 REQUEST LINE MUSIC 3304 EVENT SERVICE PROVIDE AGREEMENT 2024 FAMFEST $650.00 COMMUNITY SERVICES 08/24/2024 * M WHITTIKER Original 24-196 MAURILIO CENDEJAS MORALES 7999 EVENT SERVICE PROVIDE AGREEMENT 2024 FAMFEST $1,639.82 COMMUNITY SERVICES 08/24/2024 * M WHITTIKER Original 24-201 DE'ANTE DUCKETT 8364 EVENT SERVICE PROVIDE AGREEMENT 2024 FAMFEST $2,500.00 COMMUNITY SERVICES 08/24/2024 * M WHITTIKER Original 24-191 VIBE COLLECTIVE AGENCY LLC 8362 EVENT SERVICE PROVIDE AGREEMENT 2024 CAJUN BLUES FEST - WHITE LINEN AFFAIR $13,500.00 COMMUNITY SERVICES 09/07/2024 * M WHITTIKER Original 24-193 ERIC B. TALBERT 8351 EVENT SERVICE PROVIDE AGREEMENT 2024 CAJUN BLUES FEST - WHITE LINEN AFFAIR $7,500.00 COMMUNITY SERVICES 09/07/2024 * M WHITTIKER Original 24-200 ELAINE GIBBS 8360 EVENT SERVICE PROVIDE AGREEMENT 2024 CAJUN BLUES FEST - WHITE LINEN AFFAIR $3,000.00 COMMUNITY SERVICES 09/07/2024 * M WHITTIKER Original 24-202 LOUISIANA TO LOS ANGELES ORGANIZING COM 8017 EVENT SERVICE PROVIDE AGREEMENT 2024 CAJUN BLUES FEST - WHITE LINEN AFFAIR $500.00 COMMUNITY SERVICES 09/07/2024 * M WHITTIKER Original 24-203 KENNETH C SARA 7586 EVENT SERVICE PROVIDE AGREEMENT 2024 CAJUN BLUES FEST - WHITE LINEN AFFAIR $1,200.00 COMMUNITY SERVICES 09/07/2024 * M WHITTIKER Original 24-207 DAVID DESHAWN LEE JR DBA AMAZIBOOTH 7962 EVENT SERVICE PROVIDE AGREEMENT 2024 CAJUN BLUES FEST - WHITE LINEN AFFAIR $900.00 COMMUNITY SERVICES 09/07/2024 * M WHITTIKER Original 24-209 MIXONE SOUND 2703 EVENT SERVICE PROVIDE AGREEMENT 2024 CAJUN BLUES FEST - WHITE LINEN AFFAIR $7,000.00 COMMUNITY SERVICES 09/07/2024 * M WHITTIKER Original 24-210 KHADIJAH BLANCHE-DIOP 7592 EVENT SERVICE PROVIDE AGREEMENT 2024 CAJUN BLUES FEST - WHITE LINEN AFFAIR $2,335.00 COMMUNITY SERVICES 09/07/2024 * M WHITTIKER Original 24-213 REQUEST LINE MUSIC 3304 EVENT SERVICE PROVIDE AGREEMENT 2024 CAJUN BLUES FEST - WHITE LINEN AFFAIR $650.00 COMMUNITY SERVICES 09/07/2024 * M WHITTIKER Original 24-214 MICHAEL ANTHONY PHILLIPS 8339 EVENT SERVICE PROVIDE AGREEMENT 2024 CAJUN BLUES FEST - WHITE LINEN AFFAIR $3,750.00 COMMUNITY SERVICES 09/07/2024 * M WHITTIKER Original 24-198 JUAN CARLOS REYNOSO 7648 EVENT SERVICE PROVIDE AGREEMENT 2024 COUNTRY WESTERN FAIR $900.00 COMMUNITY SERVICES 09/13/2024 * M WHITTIKER Original 24-199 THEMIS VIOLARIS 8361 EVENT SERVICE PROVIDE AGREEMENT 2024 COUNTRY WESTERN FAIR $15,000.00 COMMUNITY SERVICES 09/13/2024 * M WHITTIKER Original 24-208 WILLIE ROBINSON 7997 EVENT SERVICE PROVIDE AGREEMENT 2024 COUNTRY WESTERN FAIR $2,500.00 COMMUNITY SERVICES 09/13/2024 * M WHITTIKER Original 24-212 MARK LIDDELL 8373 EVENT SERVICE PROVIDE AGREEMENT 2024 COUNTRY WESTERN FAIR $250.00 COMMUNITY SERVICES 09/13/2024 * M WHITTIKER Original 24-215 JAMES RENE INTVELD 8372 EVENT SERVICE PROVIDE AGREEMENT 2024 COUNTRY WESTERN FAIR $3,250.00 COMMUNITY SERVICES 09/13/2024 * M WHITTIKER Original 24-167 RODRIGO RODRIGUEZ DIAZ 5053 EVENT SERVICE PROVIDE AGREEMENT 2024 MARIACHI FIESTA $390.00 COMMUNITY SERVICES 09/27/2024 * M WHITTIKER Original 24-178 CARLOS PARRA 8350 EVENT SERVICE PROVIDE AGREEMENT 2024 MARIACHI FIESTA $3,000.00 COMMUNITY SERVICES 09/27/2024 * M WHITTIKER Original 24-179 SALVADOR ORTEGA 7581 EVENT SERVICE PROVIDE AGREEMENT 2024 MARIACHI FIESTA $400.00 COMMUNITY SERVICES 09/27/2024 * M WHITTIKER Original 24-162 STEVEN D. SHOEMAKER 7585 EVENT SERVICE PROVIDE AGREEMENT 2024 MARIACHI FIESTA $1,450.00 COMMUNITY SERVICES 09/27/24 * M WHITTIKER Original 24-170 LUIS GOMEZ DBA FULLRANGE PRODUCTIONS 7995 EVENT SERVICE PROVIDE AGREEMENT 2024 FAMFEST $5,585.00 COMMUNITY SERVICES 8/24/2024 * M WHITTIKER Original 24-181 CLAUDETTE LEMUS 8333 EVENT SERVICE PROVIDE AGREEMENT 2024 FAMFEST $1,500.00 COMMUNITY SERVICES 8/24/2024 * M WHITTIKER Original 24-182 AUNDRAE RUSSELL 8000 EVENT SERVICE PROVIDE AGREEMENT 2024 FAMFEST $1,000.00 COMMUNITY SERVICES 8/24/2024 * M WHITTIKER Original 24-183 ERICA R. BECKWITH 8359 EVENT SERVICE PROVIDE AGREEMENT 2024 FAMFEST $2,000.00 COMMUNITY SERVICES 8/24/2024 * D ROBERTS Original 24-175 NORBERT DE LENDORFF 8041 CONSULTANT DESIGN FIBER OPTICS PLAN $62,000.00 IT 8/6/2024 * = One-time event-related service agreement.
3 3
EXHIBIT NO. 1
CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
Agenda Ready File 2024-0738 Continuing Appropriations 9.17.24.pdf 701 East Carson Street
CITY OF CARSON
701 E. Carson St.
File #: 2024-0738, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:
FISCAL YEAR 2023-2024 YEAR-END CONTINUING APPROPRIATIONS (CITY
COUNCIL)
I. SUMMARY
At the close of each fiscal year, the staff compiles a list of budgeted appropriations recommended for carryover into the next fiscal year. This list, known as the Proposed Continuing Appropriations (Exhibit No. 1: Capital Improvement Projects; Exhibit No. 2:
General Fund and Non-Departmental, Exhibit No. 3: Special Revenues), highlights Capital Projects that are either incomplete or have experienced delays, grants, as well as invoices for services provided during the last fiscal year but received after the year-end close. In some instances, the unspent budget from the previous year must be carried forward to ensure funding for the project's completion.
The primary purpose of this report is to request continuing appropriations for a variety of projects from every department. There is no fiscal impact associated with the request.
II. RECOMMENDATION
Waive further reading and adopt:
1. RESOLUTION NO. 24-085, A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO CONTINUE UNSPENT APPROPRIATIONS TO FISCAL YEAR 2024-2025; and
2. RESOLUTION NO. 24-086, A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO CONTINUE UNSPENT APPROPRIATIONS FROM FISCAL YEAR 2023-2024.
CITY OF CARSON Printed on 9/11/2024Page 1 of 3
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1 File #: 2024-0738, Version: 1
III. ALTERNATIVES
TAKE another action the City Council deems appropriate.
IV. BACKGROUND
The staff has established a carryover review process where departments are required to submit justification and funding sources for any unencumbered, available funds they wish to carry over. The final list of continued appropriations, outlined in Exhibit No. 1 (Capital Improvement Projects), Exhibit No. 2 (General Fund), and Exhibit No. 3 (Special Revenues), is adopted by the City Council in September and becomes part of the City’s Fiscal Year 2024-2025 annual budget.
Each year, during the budget development process, staff reviews and evaluates project priorities, available funding, and makes necessary adjustments to stay within the resources available. The Capital Improvement Program (CIP) is a dynamic plan that is updated annually to reflect the changing needs, priorities, and funding opportunities of the community, ensuring that the infrastructure supports the City Council’smission, vision, and priorities. For Fiscal Year 2023-2024, the City of Carson approved an amended budget of $66.5 million for the CIP, of which $23.5 million (35% of the budget) was expensed, leaving a balance of $43 million at the close of the fiscal year.
Exhibit 1 in the report lists requests to carry over unused budget for Capital Projects that are either incomplete or delayed, as well as invoices received after the fiscal year-end for services rendered in the previous fiscal year.
· Public Works Department: $10.2 million from various special revenue funding sources for ongoing CIP projects.
Exhibit 2 outlines various departmental requests for continued appropriations from the General Fund, summarized as follows:
· Community Development Department: $936,255 in unspent FY 2023-2024 funds for the Community Development Façade Program, allowing the City to reimburse businesses up to 50% of improvement costs.
· Community Services Department: $115,561 requested in FY 2023-2024 for continued appropriation.
· Human Resources Department: $222,424 requested, including $214,500 for completing the Class and Comp Study, and various outstanding invoices. · Public Safety Department: $14,908 requested, covering various expenses including invoices, and ongoing projects.
· Public Works: $360k, for On-Call contracts, related to projects, $44,932 forCITY OF CARSON Printed on 9/11/2024Page 2 of 3 powered by Legistar™
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· Public Works: $360k, for On-Call contracts, related to projects, $44,932 for vehicles (with delivery expected in Q1 2024), $11,540 related to Grant Service.
Exhibit 3 provides various departmental requests for continued appropriations from Special Revenue Funds, summarized as follows:
· City Manager-Housing Division: $1.9M in unspent funding for various Grants related to Housing.
· Community Development Department: $9,010 for African American Cultural Heritage Action Fund Grant
· Public Works Department: $378k in unspent Funds for CIP related projects Overall, the staff is requesting a total of $14,204,162 to be carried forward. $10,207,064 for the CIP Continued Appropriations (Exhibit No. 1), and $1,705,280 in the General Fund and Non-Departmental (Exhibit No. 2), and $2,291,818 for Special Revenues.
V. FISCAL IMPACT
There is no fiscal impact associated with the carryover requests. If approved, the budget will be reduced in Fiscal Year 2023-2024 and the budget will be increased in Fiscal Year 2024-2025; resulting in no change or impact to the General Fund estimated spending and fund balance.
VI. EXHIBITS
1. CIP Continued Appropriation (pgs. 4-5)
2. General Fund Continued Appropriation (pgs. 6-8)
3. Special Revenue Continued Appropriation (pg. 9)
4. Resolution No. 24-085 to decrease FY 23-24 (pgs. 10-13)
5. Resolution No. 24-086 to increase FY 24-25 (pgs. 14-17) Prepared by: William Jefferson, Director of Finance
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3 CAPITAL IMPROVEMENT PROJECTS CONTINUED APPROPRIATIONS
Exhibit No. 1
PROJECT NAME FUND NAME CARRY FORWARD
ANDERSON PARK CONCRETE REPAIR DIF $ 472,752 ANDERSON PARK CONCRETE REPAIR Quimby $ 222,000 ANNUAL PAVEMENT OVERLAY Measure M $ 65,711 ANNUAL PAVEMENT OVERLAY Measure R $ 170,738 BRIDGE MAINTENANCE REPAIRS General Fund $ 1,546,700 CALAS PARK STORMWATER INFILTRATION Measure W $ 40,452 CARRIAGE CREST PARK-STORM DRAIN Measure W $ 723,449 CARRIAGE CREST PK - REDEVELOP & DEV DIF $ 111,867 CARRIAGE CREST PK - REDEVELOP & DEV Prop 68 $ 198,736 CARSON ACTIVE TRANSPORTATION PLAN General Fund $ 7,605 CARSON ACTIVE TRANSPORTATION PLAN SB1 $ 201,214 CITY HALL CARPET REPLACEMENT General Fund $ 8,426 CITYWIDE ANNUAL CONCRETE REPLACEMEN Measure M $ 33,507 CITYWIDE SLURRY SEAL ARPA $ 8,165
COMMUNITY CENTER COURTYARD Quimby $ 17,388 CONTINGENCY DIF $ 38,876
CONTINGENCY DIF $ 16,954
CONTINGENCY DIF $ 168,809
CONTINGENCY General Fund $ 26,213
CONTINGENCY General Fund $ 40,390
CONTINGENCY General Fund $ 232,005
CONTINGENCY General Fund $ 26,770
CONTINGENCY General Fund $ 292,464
CONTINGENCY Measure M $ 2,989
CONTINGENCY Measure R $ 115,521
CONTINGENCY Measure R $ -
CONTINGENCY Prop 68 $ 36,588
4 CAPITAL IMPROVEMENT PROJECTS CONTINUED APPROPRIATIONS
Exhibit No. 1
CONTINGENCY Prop 68 $ 90,446
CONTINGENCY Quimby $ 18,235
DEL AMO BL REHAB CENTRAL TO WILM General Fund $ 403,723 EV CHARGERS AT CITY CIVIC PKG LOTS DIF $ 20,000 FOISIA PARK PROP 68 GRANT APPLICAT DIF $ 161,767 MILLS PARK SHADE COVER DIF $ 42,891
MILLS PARK SHADE COVER Prop 68 $ 101,748
ON-CALL CONSULTING General Fund $ 11,257 ON-CALL CONSULTING General Fund $ 242,128
ON-CALL CONSULTING General Fund $ 19,880 ON-CALL CONSULTING General Fund $ 323,248
ON-CALL CONSULTING General Fund $ 284,150
ON-CALL CONSULTING General Fund $ 196,542
ON-CALL CONSULTING General Fund $ 300,000
ON-CALL CONSULTING General Fund $ 247,082
ON-CALL CONSULTING General Fund $ 178,934
ON-CALL CONSULTING General Fund $ 345,596
ON-CALL CONSULTING General Fund $ 78,709 ON-CALL CONSULTING General Fund $ 231,397
ON-CALL CONSULTING General Fund $ 453,497
PUBLIC SAFETY General Fund $ 1,008,140
SEPULVEDA BLVD WIDENING COOP $ 34,318
SEPULVEDA BLVD WIDENING General Fund $ 195,932 STORMWATER FACILITIES & IMP STUDY Measure W $ 155,974 STORMWATER GREEN STREET ENGINEERING Measure W $ 186,190 TRAFFIC SIGNAL INSTALLATION Measure M $ 22,953 TRAFFIC SIGNAL INTERSECTIONUPGRADES DIF $ 25,834 WILMINGTON I405 INTERCHANGE Measure R $ 208 Grand Total
$ 10,207,064
5 GENERAL FUND APPROPRIATIONS INCLUDING NON-DEPARTMENTAL
Exhibit No. 2
PROJECT NAME DEPARTMENT JUSTIFICATION CARRY FORWARD
COMMUNITY
DEVELOPMENT
Community Development Façade program and
consultants (various)
$ 936,255
COMMUNITY
SERVICES
Community Services PO issued in May 2024 but
scoreboards were not
delivered until August.
Manufacturer was unable
to do installation until
scoreboards were
delivered. PO#22402177
$ 28,200
Community Services Purchase order was issued
in March 2024, but the
project extends into
September 2024.
PO#22401818
$ 15,600
Community Services PO issued June 2024, but
vendor is unable to deliver
items until September
2024. PO#22402225
$ 4,865
Community Services PO issued January 2024,
but items have not been
delivered. PO#22401424
$ 3,880
Community Services PO issued June 2024 but
items were not delivered
until August 2024.
PO#22402243
$ 6,650
Community Services PO issued June 2024, but
invoice was not provided
until August 2024.
PO#22402228
$ 4,964
Community Services PO issued June 2024, but
vendor is unable to deliver
items until after August
2024. PO#22402217
$ 3,528
6 GENERAL FUND APPROPRIATIONS INCLUDING NON-DEPARTMENTAL
Exhibit No. 2
Community Services PO issued June 2024 but
items will not be delivered
until September 2024.
PO#22402301
$ 46,873
Community Services Received invoice for
$1,640.14 after Samoan
Heritage Day event.
BPO#22400688 Line 5
Samoan Heritage Day -
$1,000 and Line 11 -
Memorial Day $640.14.
$ 1,000
EQUIPMENT
PURCHASE
Public Works Remaining 2024 Chevrolet
Colorado Truck
$ 44,939
GRANT SERVICE
Public Works Contract 24-015; SB 1383
Compliance
$ 11,540
HUMAN
RESOURCES
Human Resources Outstanding invoices Segal
Company - Class & Comp
Study PO 22400907, State
of CA DOJ Live Scans PO
22500120
$ 214,500
Human Resources Overlapping Employee
Relations Services AALRR
PO 22401935, Stafford HR
Consulting PO 22500391
$ 7,924
ON-CALL
CONSULTING
Public Works CSG PO22401611 $ 120,250
Public Works FCG PO22401613 $ 35,654
Public Works Totum PO22401482 $ 63,635
Public Works Transtech PO22401487 $ 3,785 7 GENERAL FUND APPROPRIATIONS INCLUDING NON-DEPARTMENTAL
Exhibit No. 2
Public Works WGZimmerman
Engineering
$ 77,237
Public Works Z&K (CM) $ 7,624
Public Works Back-ordered item, invoice
sent for payment
$ 4,638
Public Works Contract 22-218 $ 7,303
Public Works Contract 21-073; CC File ID
2023-0634 - Resolution
#23-175
$ 39,526
PUBLIC SAFETY
Public Safety PO22402238 Climatec work
pending completion
$ 4,544
Public Safety PO22401234 Witt O'Brien
Hazard Mitigation Plan
$ 10,363
Grand Total
$ 1,705,280
8 SPECIAL REVENUE
Exhibit No. 3
PROJECT NAME FUND NAME CARRY FORWARD
CARSON ST REHABILITATION SB1 Gas Tax $ 2,627 COMMUNITY DEVELOPMENT Special Revenue $ 9,010 CONTINGENCY Gas Tax $ 365,100
HOUSING CDBG $ 69,045
HOUSING CDBG $ 351,908
HOUSING CDBG $ 59,666
HOUSING CDBG $ 13,180
HOUSING CDBG $ 26,403
HOUSING CDBG $ 285,896
HOUSING CDBG $ 10,657
HOUSING CDBG $ 40,235
HOUSING Housing Rehab
Program
$ 577,263
HOUSING Housing Rehab
Program
$ 444,338
HOUSING Housing Rehab
Program
$ 26,599
WILMINGTON I405 INTERCHANGE Gas Tax $ 9,891 Grand Total
$ 2,291,818
9 RESOLUTION NO. 24-085
Exhibit No. 4
RESOLUTION NO. 24-085
A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2023/24 BUDGET TO CONTINUE UNSPENT APPROPRIATIONS TO FISCAL YEAR 2024/25 WHEREAS, the City Council adopted the Fiscal Year 2024/25 budget on June 18, 2024 for the General Fund and Special Revenue Funds of the City via Resolution No. 24-056; and WHEREAS, the FY 23/24 budget included appropriations for non-recurring projects that have not been completed, as well as appropriations that have not fully spent; and WHEREAS, staff recommends to continue certain unspent FY 23/24 appropriations over to FY 24/25; and
WHEREAS, the City Council has determined it necessary to amend the FY 23/24 budget in various funds of the City.
NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The following reductions will be made to the City’s FY23/24 budget.
DEPARTMENT FUND DECREASE
Community Development 101-70-701-100-6004 $936,255
Community Development 211-70-999-999-6004 $9,010
Community Services 101-90-901-100-6004 $15,600
Community Services 101-90-901-100-6009 $28,200
Community Services 101-90-950-324-6009 $4,865
Community Services 101-90-950-604-6009 $10,531
Community Services 101-90-950-619-6009 $4,964
Community Services 101-90-950-620-6009 $3,528
Community Services 101-90-950-680-6009 $46,873
Community Services 244-90-950-709-6004 $1,000
Housing 215-50-720-100-5001 $69,045
Housing 215-50-720-100-6004 $26,403
Housing 215-50-720-964-6004 $13,180
Housing 215-50-720-964-6062 $285,896
10 RESOLUTION NO. 24-085
Exhibit No. 4
Housing 215-50-720-968-6062 $392,143
Housing 215-50-720-968-6063 $59,666
Housing 215-50-720-980-6004 $10,657
Housing 221-50-790-711-6004 $470,937
Housing 221-50-790-712-6004 $577,263
Human Resources 101-65-650-100-6004 $214,500
Human Resources 101-65-680-100-6004 $7,924
Public Safety 101-55-592-127-6004 $4,544
Public Safety 101-55-593-138-6004 $10,363
Public Safety 101-99-999-904-8012 $1,008,140
Public Works 101-80-999-904-6004 $19,880
Public Works 101-99-999-100-6004 $3,252,192
Public Works 101-99-999-904-6004 $52,983
Public Works 101-99-999-904-8008- $8,426
Public Works 101-99-999-904-8009 $232,005
Public Works 101-99-999-904-8009- $2,486,814
Public Works 205-80-801-100-6004 $11,540
Public Works 212-80-840-281-6004- $9,891
Public Works 212-80-840-281-8009- $367,727
Public Works 216-80-820-904-8008- $257,623
Public Works 254-80-820-904-8009- $286,467
Public Works 268-80-820-904-6004- $141,226
Public Works 268-80-820-904-8008 $90,446
Public Works 268-80-820-904-8008- $195,845
Public Works 281-80-820-904-8009- $99,218
Public Works 281-80-820-904-8023- $25,941
Public Works 284-80-820-904-8009- $34,318
11 RESOLUTION NO. 24-085
Exhibit No. 4
Public Works 288-80-820-904-8009- $201,214
Public Works 289-80-820-904-8008 $42,891
Public Works 289-80-820-904-8008- $332,509
Public Works 289-80-820-904-8009- $434,904
Public Works 289-80-820-904-8019- $206,658
Public Works 289-80-820-904-8023- $42,788
Public Works 295-80-820-904-8011 $723,449
Public Works 295-80-820-904-8011- $382,616
Public Works 299-80-820-904-7020- $8,165
Public Works 638-99-999-999-8003 $44,939
Grand Total
$14,204,162
Section 2. The City Clerk shall certify to the adoption of this resolution and shall keep a copy of this resolution attached to the FY24/25 budget on file, and effective as of September 17, 2024, the same shall be in force and effect.
12 RESOLUTION NO. 24-085
Exhibit No. 4
PASSED, APPROVED, AND ADOPTED this 17th day of September, 2024.
APPROVED AS TO FORM: CITY OF CARSON:
__________________________ _______________________________ Sunny K. Soltani, City Attorney Lula Davis-Holmes, Mayor
ATTEST:
_______________________________
Dr. Khaleah K. Bradshaw, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 24-085 adopted by the City of Carson City Council at its meeting held on September 17, 2024, by the following vote:
AYES: COUNCIL MEMBERS: None
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMEBES: None
ABSENT: COUNCIL MEMBERS: None
_________________________________________
Dr. Khaleah K. Bradshaw, City Clerk
13 RESOLUTION NO. 24-086
Exhibit No. 5
RESOLUTION NO. 24-086
A RESOLUTION OF THE CITY OF CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2024/25 BUDGET TO CONTINUE UNSPENT APPROPRIATIONS TO FISCAL YEAR 2023/24 WHEREAS, the City Council adopted the Fiscal Year 2024/25 budget on June 18, 2024 for the General Fund and Special Revenue Funds of the City via Resolution No. 24-056; and WHEREAS, the FY 23/24 budget included appropriations for non-recurring projects that have not been completed, as well as appropriations that have not fully spent; and WHEREAS, staff recommends to continue certain unspent FY 23/24 appropriations over to FY 24/25; and
WHEREAS, the City Council has determined it necessary to amend the FY 24/25 budget in various funds of the City.
NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The following increases will be made to the City’s FY24/25 budget.
DEPARTMENT FUND INCREASE
Community Development 101-70-701-100-6004 $936,255
Community Development 211-70-999-999-6004 $9,010
Community Services 101-90-901-100-6004 $15,600
Community Services 101-90-901-100-6009 $28,200
Community Services 101-90-950-324-6009 $4,865
Community Services 101-90-950-604-6009 $10,531
Community Services 101-90-950-619-6009 $4,964
Community Services 101-90-950-620-6009 $3,528
Community Services 101-90-950-680-6009 $46,873
Community Services 244-90-950-709-6004 $1,000
Housing 215-50-720-100-5001 $69,045
Housing 215-50-720-100-6004 $26,403
Housing 215-50-720-964-6004 $13,180
Housing 215-50-720-964-6062 $285,896
14 RESOLUTION NO. 24-086
Exhibit No. 5
Housing 215-50-720-968-6062 $392,143
Housing 215-50-720-968-6063 $59,666
Housing 215-50-720-980-6004 $10,657
Housing 221-50-790-711-6004 $470,937
Housing 221-50-790-712-6004 $577,263
Human Resources 101-65-650-100-6004 $214,500
Human Resources 101-65-680-100-6004 $7,924
Public Safety 101-55-592-127-6004 $4,544
Public Safety 101-55-593-138-6004 $10,363
Public Safety 101-99-999-904-8012 $1,008,140
Public Works 101-80-999-904-6004 $19,880
Public Works 101-99-999-100-6004 $3,252,192
Public Works 101-99-999-904-6004 $52,983
Public Works 101-99-999-904-8008- $8,426
Public Works 101-99-999-904-8009 $232,005
Public Works 101-99-999-904-8009- $2,486,814
Public Works 205-80-801-100-6004 $11,540
Public Works 212-80-840-281-6004- $9,891
Public Works 212-80-840-281-8009- $367,727
Public Works 216-80-820-904-8008- $257,623
Public Works 254-80-820-904-8009- $286,467
Public Works 268-80-820-904-6004- $141,226
Public Works 268-80-820-904-8008 $90,446
Public Works 268-80-820-904-8008- $195,845
Public Works 281-80-820-904-8009- $99,218
Public Works 281-80-820-904-8023- $25,941
Public Works 284-80-820-904-8009- $34,318
15 RESOLUTION NO. 24-086
Exhibit No. 5
Public Works 288-80-820-904-8009- $201,214
Public Works 289-80-820-904-8008 $42,891
Public Works 289-80-820-904-8008- $332,509
Public Works 289-80-820-904-8009- $434,904
Public Works 289-80-820-904-8019- $206,658
Public Works 289-80-820-904-8023- $42,788
Public Works 295-80-820-904-8011 $723,449
Public Works 295-80-820-904-8011- $382,616
Public Works 299-80-820-904-7020- $8,165
Public Works 638-99-999-999-8003 $44,939
Grand Total
$14,204,162
Section 2. The City Clerk shall certify to the adoption of this resolution and shall keep a copy of this resolution attached to the FY24/25 budget on file, and effective as of September 17, 2024, the same shall be in force and effect.
16 RESOLUTION NO. 24-086
Exhibit No. 5
PASSED, APPROVED, AND ADOPTED this 17th day of September, 2024.
APPROVED AS TO FORM: CITY OF CARSON:
__________________________ _______________________________ Sunny K. Soltani, City Attorney Lula Davis-Holmes, Mayor
ATTEST:
_______________________________
Dr. Khaleah K. Bradshaw, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 24-085 adopted by the City of Carson City Council at its meeting held on September 17, 2024, by the following vote:
AYES: COUNCIL MEMBERS: None
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMEBES: None
ABSENT: COUNCIL MEMBERS: None
_________________________________________
Dr. Khaleah K. Bradshaw, City Clerk
17 CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
No.2024-0771.pdf
701 East Carson Street
CITY OF CARSON
801 E. Carson St., Hall B
File #: 2024-0771, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:
CONSIDER ADOPTING RESOLUTION NO. 24-092 AMENDING THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUND AND SPECIAL REVENUE FUNDS, AND AMENDING THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM TO
INCORPORATE VARIOUS CAPITAL PROJECTS TO BE FUNDED, IN PART, BY THE 2024 LEASE REVENUE BONDS (CITY COUNCIL)
I. SUMMARY
On July 16, 2024, the City Council and the Carson Public Financing Authority authorized and directed execution of certain financing documents and directed certain related actions in connection with the issuance of its 2024 Lease Revenue Bonds in an aggregate principal amount not to exceed $92,000,000. This strategy was intended to provide immediate funding for high priority capital projects without depleting the City’s General Fund Reserves.
On September 12, 2024, bond revenues were to be deposited into the General Fund Reserve ahead of this meeting. As such, staff is seeking City Council approval to allocate proceeds from the Lease Revenue Bonds, now in the City’s General Fund Reserve, to various capital projects. Consequently, staff is requesting City Council approve amendment of the Fiscal Year 2024-25 5-year Capital Improvement Program to reflect the high priority projects not previously listed.
II. RECOMMENDATION
ADOPT Resolution No. 24-092 “A RESOLUTION OF THE CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUND AND SPECIAL REVENUE FUNDS, AND AMENDING THE FISCAL YEAR 2024-25 CAPITAL
IMPROVEMENT PROGRAM TO INCORPORATE VARIOUS CAPITAL PROJECTS TO BE FUNDED, IN PART, BY THE 2024 LEASE REVENUE BONDS”.
III. ALTERNATIVES
TAKE another action deemed appropriate by the City Council as allowed by law. IV.CITY OF CARSON Printed on 9/10/2024Page 1 of 3 powered by Legistar™
1 File #: 2024-0771, Version: 1
TAKE another action deemed appropriate by the City Council as allowed by law. IV.
BACKGROUND
On July 16, 2024 the City Council and the Carson Public Financing Authority adopted Resolution Nos. 24-071 and 24-01-CPFA respectively, authorizing and directing execution of certain financing documents and directing certain related actions in connection with the issuance of its 2024 Lease Revenue Bonds in an aggregate principal amount not to exceed $92,000,000.
Staff has been actively managing various high priority capital projects to be funded by the proceeds of the Lease Revenue Bonds in anticipation of the funds being deposited into city accounts. Several of these projects were not originally included in the adopted Fiscal Year 2024-25 5-year Capital Improvement Program. Notably, on July 2, 2024 the City Council amended the City’s Fiscal Year 2024-25 budget (via Resolution No. 24-067) and Capital Improvements Program to incorporate Project No. 1731: City Hall Basement/Emergency Operations Center Renovations. That action also included a budget amendment to transfer and borrow funds from various other capital projects to ensure there were funds available to immediately fund the project.
As a result, staff is requesting approval of a new budget amendment to reimburse the various capital projects accounts that were reduced by Resolution No. 24-067.
Additionally, the budget amendment is seeking to allocate funds to the various high priority capital projects as follows:
Project Name/No. Amount
Carriage Crest - PW1368 $10,436,995.00
Comm Ctr - PW1726 $9,000,000.00
Comm Ctr Coiling Wall - PW1632 $1,484,000.00
Security Cameras Phase III - PW1674 $1,500,000.00
Mills Park Rec Ctr - PW1795 $2,189,854.00
Foisia Park - PW1610 $7,750,000.00
Anderson Park - PW1718 $1,307,000.00
City Hall Restrooms - PW1786 $1,697,000.00
Street Paving - PW1791 $15,000,000.00
EOC Renovation - PW1731 $206,000.00
Finally, staff is requesting an amendment to the Fiscal Year 2024-25 5-year Capital Improvement Program by adding the following:
Add Project No. PW1795 - Mills Park Recreation Center Renovations Add Project No. PW1794 - Council Chambers AV Improvements Add Project No. 1786 - City Hall Bathrooms and Kitchenettes Add Project No. 1632 - Community Center Coiling Wall
At the time of authoring this report, the City was scheduled to receive all funds from the Lease Revenue Bonds on September 12, 2024, after which staff will deposit into the City General Fund Reserve. By the date of this public City Council meeting, sufficient funds will be available to allocate to the projects referenced in this staff report via Resolution No. 24-092.
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2 File #: 2024-0771, Version: 1
V. FISCAL IMPACT
Staff is requesting a budget amendment of $56,870,849.00 from the General Fund Reserve to fund the various high priority capital projects, as outlined in Resolution No. 24- 092 (Exhibit 1).
VI. EXHIBITS
1. Resolution 24-092 (pgs. 4-6)
2. Amended FY24/25 CIP (pgs. 7-15)
1. Prepared by: Dr. Arlington Rodgers, Jr., Public Works Director; William Jefferson, Finance Director; Dr. Robert Lennox, Assistant City Manager CITY OF CARSON Printed on 9/10/2024Page 3 of 3
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3 Resolution No. 24-092
RESOLUTION NO. 24-092
A RESOLUTION OF THE CARSON CITY COUNCIL
AMENDING THE FISCAL YEAR 2024 -25 BUDGET IN THE
GENERAL FUND AND SPECIAL REVENUE FUNDS, AND
AMENDING THE FISCAL YEAR 2024 -25 CAPITAL
IMPROVEMENT PROGRAM TO INCORPORATE VARIOUS
CAPITAL PROJECTS TO BE FUNDED BY THE 2024 LEASE
REVENUE BONDS
WHEREAS, the City Council adopted the City’s Fiscal Year (FY) 2024-25 budget on June 18, 2024 via Resolution No. 24-056; and
W
HEREAS, the City Council amended the City’s Fiscal Year (FY) 2024-25 budget and Capital Improvements Program on July 2, 2024 via Resolution No. 24-067 to incorporate Project No. 1731: City Hall Basement/Emergency Operations Center Renovations; and W
HEREAS, on Ju ly 16 , 2024 the City Council and the Carson Public Financing Authority adopted Resolution Nos. 24 -071 and 24 -01-CPFA respectively, authorizing and directing execution of certain financing documents and directing certain related actions in connection with the issuance of its 2024 Lease Revenue Bonds in an aggregate principal amount not to exceed $92,000,000; and
WH
EREAS, the City Council has determined it necessary to amend the FY2024- 25 General Fund budget and Special Revenue Funds budget to allocate the 2024 Lease Revenue Bonds funding; and
W
HEREAS, the City Council has determined it necessary to amend the FY2024- 25 Capital Improvement Program to incorporate new projects identified to be funded by the 2024 Lease Revenue Bonds; and
NOW
, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
S
ection 1. The following amendment(s) will be made to the City’s FY2024-25 budget:
R
epayment from Project No. PW1731 per Resolution No. 24-067 (EOC Renovation - $6,300,000):
Account Division/Object Description Increase/(Decrease) Fund 3601 General Fund Reserve ($6,300,000.00)
289-80-820-904-8009-PW1753 DIF Funds – PW1753 $1,816,000.00 289-80-820-904-8008-PW1648 DIF Park – PW1648 $1,680,494.00 101-99-999-904-8009-PW1694 CIP-Gen Fund – PW 1694 $1,319,506.00 289-80-820-904-8023-PW1784 DIF Transportation – PW1784 $600,000.00 289-80-820-904-8009-PW1715 DIF Administration – PW1715 $400,000.00 289-80-820-904-6004-PW1748 DIF Government Buildings – PW1748 $300,000.00 289-80-820-904-8019-PW1536 DIF Traffic – PW1536 $184,000.00 Exhibit 1
4 Resolution No. 24-092
B
ond Funding to new and existing capital projects:
Account Division/Object Description Increase/(Decrease) Fund 3601 General Fund Reserve ($50,570,849.00)
101-99-999-904-8008-PW1368 Carriage Crest – PW1368 $10,436,995.00 101-99-999-904-8008-PW1726 Comm Ctr – PW1726 $9,000,000.00 101-99-999-904-8005-PW1632 Comm Ctr Coiling Wall -PW1632 $1,484,000.00 101-99-999-904-8008-PW1674 Security Cameras Phase III – PW1674 $1,500,000.00 101-99-999-904-8008-PW1795 Mills Park Rec Ctr – PW1795 $2,189,854.00 101-99-999-904-8008-PW1610 Foisia Park – PW1610 $7,750,000.00 101-99-999-904-8008-PW1718 Anderson Park – PW1718 $1,307,000.00 101-99-999-904-8005-PW1786 City Hall Restrooms – PW1786 $1,697,000.00 101-99-999-904-8009-PW1791 Street Paving – PW1791 $15,000,000.00 101-99-999-904-6004-PW1731 Basement/EOC Renovation – PW1731 $206,000.00 S
ection 2. The following amendment(s) will be made to the City’s FY2024-25 Capital Improvement Program:
A
dd Project No. PW1795 – Mills Park Recreation Center Renovations Add Project No. PW1794 – Council Chambers AV Improvements Add Project No. PW1786 – City Hall Restrooms & Kitchenettes Add project No. PW1632 – Community Center Coiling Wall
Se
ction 3. The City Clerk shall certify to the adoption of this resolution and shall keep a copy of this resolution attached to the FY 2024-25 budget on file, and effective as of September 17, 2024, the same shall be in force and effect.
PA
SSED, APPROVED, and ADOPTED this 17th day of September 2024.
APPROVED AS TO FORM:
_______________________
Sunny K. Soltani, City Attorney
CITY OF CARSON:
__________________________
Lula Davis-Holmes, Mayor
ATTEST:
__________________________
Dr. Khaleah K. Bradshaw, City Clerk
5 Resolution No. 24-092
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Dr
. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 24-092 adopted by the City of Carson City Council at its meeting held on September 17, 2024, by the following vote:
AYE
S: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_________
____________________
Dr. Khaleah K. Bradshaw, City Clerk
6 CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $1,500,000 -$ -$ -$ -$ 2, 4 COOP - Fund 284
$4,696 2, 4 Measure M PS&E - Fund 283
$0 3,500,000$ -$ -$ -$ 2, 4 DIF Traffic (4941)
$0 -$ -$ -$ -$ 4 Gas Tax - Fund 212
$0 Measure R
$12,460,709 -$ -$ -$ -$ 2 OGALS - Fund 268
$6,400,000 4,607,383$ -$ -$ -$ 2 General Fund
$190,000 $ - $ - $ - $ - 1, 2, 3, 4 Measure R - Fund 254 $0 $ - $ - $ - $ - 1, 2, 3, 5 Measure M - Fund 281 1 Construction PW1411-4 Roadways Main Street Concrete Improvement from Carson St to Victoria
Annual concrete program - Main Street: Carson to Victoria. Concrete reconstruction, tree removal and replacement, repair of damagesidewalk, driveway approaches, curbs and gutter, access ramps to meet the requirements of ADA.
CC Previously Approved
Projects $ 500,000 $0 $ - $ - $ - $ - 0 Measure M - Fund 281 1 Construction PW1515 Stormwater Carson Stormwater Capture Facility at Carriage Crest Park
Compliance Project - Stormwater chambers under baseball field to divert stormwater into LA County Sanitation District's Regional & Water Pollution Control Plant
CC Previously Approved
Projects 22,110,713$ $500,000 -$ -$ -$ -$ 2 Measure W $4,250,000 -$ -$ -$ -$ 4 OGALS
$800,000 -$ -$ -$ -$ 4 DIF
$7,750,000 -$ -$ -$ -$ 4 General Fund
**Foisia Park Design and
Construction
Design - Various upgrades to park facility. Competitave Grant and the award of funding will be available withing the next 3-4 months. Prop 68 1
CC Previously Approved
Projects 12,757,062$
**Carriage Crest Park Expansion
and Improvement Project
Refurbish main building facility and develop the additional 10 acres leased from Sanitation District. The project will include extending existing parking lot, adding new parking lot, Dog park, and remote restroom on South East end of property. New
playground, outdoor fitness equipment area, new athletic ball fields with Security lights, upgrades to existing basketball courts, and general site improvements including walking/jogging loop (Prop 68-$13M) +($3.3M General Fund) 1
CC Previously Approved
Projects 23,468,092$
Main Street Improvement from Carson
St to Victoria
Citywide Annual Overlay Program - Main Street - Carson to Victoria. The project includes grinding existing asphalt pavement and overlay with ARHM to extend life of the pavement. 1
CC Previously Approved
Projects $ 3,600,000
Sepulveda Blvd -Widening
The project involves widening and improvement of the roadway and bridge along Sepulveda Blvd to provide three lanes of traffic in both directions, construction of new sidewalk, relocation of existing electrical poles, and modification of existing traffic signal. 1
CC Previously Approved
Projects 14,500,000$
Roadways Wilmington /I-405 Fwy Interchange
Installation of improvements needed to provide easy access to the existing pull boxes located under the existing bridge necessary to maintain the traffic signall at the intersection of 223rd and Wilmington. 1
CC Previously Approved
Projects 300,000$
PW0675 Roadways1 Construction
1 Construction PW0919
1 Construction PW1368 Parks
Parks
Roadways1 Construction PW1393-4
1 Construction PW1610
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 1
Exhibit No. 2
7 CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source 1 Construction PW1614 Traffic Traffic Signal Installation - Del Amo Bl at Stamps Dr
Traffic signal installation at intersection of Del Amo and Stamps - The project includes the installation of complete traffic signal system on all three legs of intersection. The project will improve safety for pedestrians and vehicles coming in and out of the residential community located on the northside of Del Amo. It will also serve the patrons of the future commercial development located on the south side of Del Amo.
CC Previously Approved
Projects 1,200,000$ $20,000 1,180,000$ -$ -$ -$ 1 DIF Traffic (4941) 1 Construction PW1630 Parks **Anderson Park Electrical Panel- Design and Construction
Replace and upgrade main electrical switch gear and lighting control panel. (Combined PW1630 & PW1671)
CC Previously Approved
Projects $ 75,000 $75,000 $ - $ - $ - $ - 3 Park Development (Quimby Fund 216) 1 Construction PW1632 Buildings Community Center Coiling Wall & Seismic Analysis
Repair coiling wall at Community Center Main Hall - Seismic Analysis
CC Previously Approved
Projects $ 1,484,000 $1,484,000 $ - $ - $ - $ - 4 General Fund $145,000 -$ -$ -$ -$ 3 RMRA (SB1) - Fund 288
$161,000 General Fund
1,707,575$ $1,707,575 -$ -$ -$ -$ 1, 2, 3, 4 Load Shed - Fund 246 1,680,494$ $0 -$ -$ -$ -$ 1, 2, 3, 5 Park Development (Quimby) - Fund 216 $1,680,494 -$ -$ -$ -$ 1, 2, 3, 6 DIF: Park & Related Facilities (4942) $322,350 1,200,000$ -$ -$ -$ 1, 2, 4 HSIP - Fund ? $0 -$ -$ -$ -$ 1, 2, 5 DIF Transportation (4945) $877,650 -$ -$ -$ -$ 1, 2, 6 DIF MBK Traffic - Fund 291 $1,865,000 1,865,000$ -$ -$ -$ 1, 2, 3, 4 Measure R, MTA Award in July 21'
$0 Measure M
1 Construction PW1662 Buildings City Hall Renovation (HVAC & Roof) Upgrade hvac & roof at city hall and community center CC Previously Approved Projects 6,612,971$ $350,000 -$ -$ -$ -$ 4 Load Shed - Fund 246 $150,000 -$ -$ -$ -$ 1 DIF Traffic (4941)
$350,000 Measure M Grant
500,000$ 1 Construction PW1667 Traffic *Upgrade existing traffic signal - Avalon Bl at Gardena Bl
Traffic Signal Upgrade to include addition of left turn phase on north and south bound direction of Avalon Blvd.
CC Previously Approved
Projects
2,400,000$
1 Construction PW1657 Traffic
*Traffic Signal Upgrades (M312.41 and
M312.46) - Figueroa St at 234th St,
Figueroa St at 223rd St, Figueroa St at
Victoria St/190th St, Main St at 220th
St, Main St at Albertoni St, and Main St
at Victoria St
Traffic Signal Upgrades at 6 Intersections - Figueroa St at 234th St, Figueroa St at 223rd St, Figueroa St at Victoria St/190th St, Main St at 220th St, Main St at Albertoni St, and Main St at Victoria St
Pending MTA's fuding agreement for construction
CC Previously Approved
Projects 3,730,000$
*Athletic Field and walking path
replacement Lighting -LED
Upgrade athletic field lights to central control lighting system and convert the existing lights to LED - All Parks (Construction to began at Calas Park 3/23) CC Previously Approved
Projects
PW16491 Construction Traffic
Traffic Signal Intersection Upgrades -
Avalon Blvd at Victoria, Main St at
Sepulveda, Main St at 223rd St, and
Figueroa St at Torrance Blvd
Traffic Signal Upgrades at 4 Intersections - Avalon Blvd at Victoria, Main St at Sepulveda,Main St and 223rd St, Figueroa St at Torrance Blvd) CC Previously Approved
Projects
1 Construction PW1648 Parks
Del Amo Blvd Rehabilitation - Central
to Wilmington
Del Amo Blvd rehabilitation - Central to Wilmington. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps. CC Previously Approved
Projects 3,500,000$ Roadways1 Construction PW1642
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 2
8 CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $1,500,000 -$ -$ -$ -$ 1, 2, 3, 4 General Fund
$0 -$ -$ -$ -$ 1, 2, 3, 5
1 Construction PW1676 Stormwater
City of Carson Stormwater Green
Street Engineering, Design &
Implementation (Gardena & Main
Street)
Compliance to the RWQCB stormwater - Includes engineered systems, permeable pavements & nature-based systems. The goal is to comply with regulations.
CC Previously Approved
Projects $ 3,000,000 $500,000 $ 2,500,000 $ - $ - -$ 1, 2, 3, 4 Measure W - Fund 295 $0 $ - $ - $ - -$ 1, 2 Local: Quimby
$0 $ - $ - $ - -$ 1, 2 DIF Utilities & Sustainability (4946) 1 Construction PW1687 Roadways Carson Street Intelligent Transportation System (ITS) Project
Installation of new fiber cables, the installation of 100' conduit gap across Main Street, CCTV cameras, hardware, software, and other elements that improve traffic flow on Carson Street from the 405 Fwy to Figueroa CC Previously Approved
Projects 700,000$ $700,000 -$ -$ -$ -$ 2 Measure M Grant $500,000 500,000$ -$ -$ -$ 1, 4 Measure R - Fund 254 $0 Measure M - Fund 281
1 Construction PW1691 Roadways Avalon Street Rehabilitation Avalon Blvd. Street Rehabilitation from Carson St. to 223rd Street. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
CC Previously Approved
Projects 4,500,000$ $0 4,500,000$ -$ -$ -$ 1, 2, 3, 4 UNFUNDED $1,500,000 -$ -$ -$ -$ 1, 2, 3, 4 SCE Charge Ready $0 -$ -$ -$ -$ 1, 2, 3, 5 DIF Utilities & Sustainability (4946) 1 Construction PW1694 Roadways *Bridge Maint Repair - Various Locations
Maintenance repair on vehicular bridges (20) per recommendation on the inspection report completed by Caltrans and LA County.
CC Previously Approved
Projects 1,778,705$ $1,778,705 -$ -$ -$ -$ 1, 2, 3, 4 General Fund $550,000 -$ -$ -$ -$ 3 DIF: Park & Related Facilities (4942) $1,307,000 -$ -$ -$ -$ 3 General Fund
$65,093 -$ -$ -$ -$ 1, 2 DIF Traffic (4941)
$1,086,368 Measure R
$2,348,539 Measure M
1,500,000$
1 Construction PW1722 Roadways 213th St Street Improvement (Avalon to Main)
213th St. Improvement from Avalon to Main. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
Maintenance 3,500,000$
1 Construction PW1693 Buildings ****Electric Vehicle Charging Infrastructure
Install 128 EV Chargers in City Parks. At City Hall install EV Charger infrastructure and charging equipment. SCE Charge Ready Program - Assume SCE will cover all infrastructure.
CC Previously Approved
Projects
1 Construction PW1718 Parks **Anderson Park Concrete
Repair
Limited accessibility upgrades compliance. Concrete
reconstruction, asphalt concrete pavement reconstruction, new curbs, steps, and added walkways.
CC Previously Approved
Projects 1,857,000$
$ 20,000
1 Construction PW1688 Roadways
Traffic Signal Synchronization Project
(TSSP) - Avalon Bl from 126th St to
Sepulveda Bl
Traffic signal synchronization at intersection (Total of 21 TSSP) along Avalon Bl from 126th St to Sepulveda Bl
CC Previously Approved
Projects 1,000,000$
1 Construction PW1683 Buildings Park Gym Lighting - Stevenson & Vets Replace gym and office lighting to led fixtures at both gyms (2 at Vets and Stevenson)
CC Previously Approved
Projects
1 Construction PW1674 Parks **Security Cameras Install tamper proof security cameras at parks. Work on broadband requirements. (Johnson Contols)
CC Previously Approved
Projects 7,351,975$
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 3
9 CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $9,000,000 -$ -$ -$ -$ 4 General Fund
$1,000,000 DIF: Park & Related Facilities (4942)
1 Construction PW1729 Buildings City Hall Interior Lights Upgrade Remove and Replace existing interior lights and replace with LED.
CC Previously Approved
Projects 150,000$ $150,000 -$ -$ -$ -$ 4 Load Shed - Fund 246 1 Construction PW1730 Buildings EV Chargers at Community Center West Wing
Install EV Charger Level 3 infrastructure and charging equipment at Community Center West Wing
New Project 288,341$ $44,000 -$ -$ -$ -$ 4 DIF Utilities & Sustainability (4946) 1 Construction PW1731 Buildings EOC/Basement Renovations Modify CY facility to accommodate for all upgrades required CC Previously Approved Projects 6,506,000$ $6,506,000 4 Geneal Fund
1 Construction PW1763 Roadways Citywide Slurry Seal Citywide Slurry Seal Project CC Previously Approved Projects 3,500,000$ $418,155 -$ -$ -$ -$ 1, 2, 3, 4 ARPA - Fund 299 1 Construction PW1773 Roadways CATCP
CARSON ACTIVE TRANSPORTATION AND COMMUNITY CONNECTIVITY PLAN (CATCP) Transportation studies and planning work to develop the CAT-CP to bring safety and connectivity to the disadvantaged communities of Carson.
New Project
405,000$ $301,344 -$ -$ -$
-$
1, 2, 3, 4 Grant SB-1
1 Construction PW1784 Roadways Traffic Signal Modification Traffic Signal modification at Central Avenue and University Drive: Install left turn arrows on all approaches at the intersection of Central Avenue and University Drive.
New Project - Unapproved
600,000$ $600,000 -$ -$ -$
-$ DIF Transportation (4945)
1 Construction PW1786 Buildings City Hall Bathroom and
Kitchenette Renovations
Renovating all City Hall restrooms and upgrading to current Americans with Disabilities Act standards and applicable California Building Codes.
CC Previously Approved
Projects 1,697,000$ $1,697,000 -$ -$ -$
-$
4 General Fund
1 Construction PW1787 Buildings CH Lobby Carpet Replacement Replacing the carpet and base of the 2nd floor of city hall, 1st floor lobby, and stair access corridor adjacent to the City Clerks office. The project also includes resurfacing the concrete bands throughout the 1st floor.
New Project - Unapproved
150,000$ $150,000 -$
-$
4 DIF Gov Facilities (4944)
1 Construction PW1790 Buildings
Community Center Lighting and AV
Equipmeny Upgrade
Upgrade existing lighting and AV equipment at Community Center Main Hall. New Project - Unapproved 1,200,000$ $0 1,200,000$ 4 UNFUNDED- HIGH Priorty 1 Construction PW1794 Buildings Council Chambers AV & Lighting Upgrade AV & Ligting equipment in the Council Chambers New Project 600,000$ $600,000 PEG $183,859 OGALS
$2,189,854 General Fund
10,000,000$ 1 Construction PW1726 Buildings Community Center Courtyard (West) & Community Center East Parking Lot
Redesign/Upgrade Courtyard area. Outdoor entertainment - Although used occasionally by the public, the West courtyard and garden area of the Community Center it is not optimized for reservations in private events. The project proposes redesigning to include a raised Amphitheatre stage, large shade sales , open grass and concrete seating areas , and enclosed fenced perimeter to accommodate private rentals. Additional lighting , sound , and landscape amenities will also be included. Redesign Parking lot island in front of East entrance - With the addition of a mobile stage for large scale citywide special events come on the east parking lot of the Community Center is in need of modification to allow for easy set up and orientation of the stage to accommodate better visibility and access by the community.
Parking lot adjustments will include the full or partial elimination of a single parking lot planter and associated landscape adjustments. The resulting design will allow for the stage to be erected at the east entrance of the Community Center with the stage facing toward the east.
New Project
1 Construction PW1795
Parks
Mills Park Rec Center
Renovation
Upgrades and Improvements to the Recreation Center at Mills Park New Project
3,000,000$
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 4
10 CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $552,333 $ 4,704,667 $ - $ - -$ 1, 2, 3, 4 Metro $403,000 $ 806,000 HSIP
$134,400 $ 644,500 $ - $ - -$ 1, 2, 3, 4 DIF Transportation (4945) $0 $ 510,100 DIF Traffic (4941)
$0 $ - $ - $ - -$ 1, 2, 3, 4 General Fund, Local Match $148,800 $594,667 $ 4,789,333 $ - $ - -$ 1, 2, 3, 4 Metro $376,333 $ 752,667 HSIP
$125,600 $ 631,900 $ - $ - -$ 1, 2, 3, 4 DIF Traffic (4941) $0 $ 507,500 DIF Transportation (4945)
$0 $ - $ - $ - -$ 1, 2, 3, 4 General Fund, Local Match $139,100; $939,464 $ - $ - $ - -$ 3, 4 MTA Grant
$0 $ - $ - $ - -$ 3, 4 TDA Article 3;)
$0 $ - $ - $ - -$ 3, 4 DIF Transportation (4945) $0 $ 8,060,536 $ - $ - -$ 3, 4 General Fund
2 Design PW1534 Bikeways Active Transporation Program - Santa Fe Bike Lane
Design and construction 1.5 mile bike lane along Santa Fe Ave between Del Amo Bl and Warnock Wy (Metro Funded) Upgrade of curb ramps citywide.
CC Previously Approved
Projects 3,451,000$ $300,000 3,151,000$ -$ -$ -$ 3 ATP Cycle 6 $334,527 -$ -$ -$ -$ 1
MTA Call for Projects, PROP A, Measure
M, Net Toll Revenue; ; DIF MBK Traffic or
Shuttle
$189,791 DIF Traffic (4941)
$1,069,486 $ - $ - $ - -$ 1, 4 MTA Grant
$0 $ - $ - $ - -$ 1, 5 TDA Article 3
$0 $ - $ - $ - -$ 1, 6 DIF Transportation (4945) 524,318$
2 Design PW1600 Bikeways Dominguez Channel Bike Path II Bike path installation along Dominguez Channel from Avalon to Carson St CC Previously Approved
Projects $ 5,500,000
2 Design PW1536 Roadways Rapid Bus Priority System
Purchase and installation of bus shelters to improve the bus stops at 10 locations along Avalon Blvd and along Victoria Street within the vicinity of the Dignity Health Sports Park and CSUDH campus. The improvement involves covered bus shelters that are illuminated by solar powered batteries, installation of bike racks, repairs of adjacent sidewalks, and wayfinding signage. CC Previously Approved
Projects
$ 7,778,000
2 Design PW1490 Bikeways Dominguez Channel Bike Path I
Bike path installation along Dominguez Channel from Main St to Avalon Blvd.
Its construction also includes the bridge over the ravine to continue the alignment to Avalon Boulevard
CC Previously Approved
Projects $ 9,000,000
2 Design PW1452 Bikeways
Bike Lane Installation - 223rd St,
Avalon Bl, Central Ave, Del Amo Bl,
and University Dr
Design and construction of bike lanes on 223rd St, Avalon Bl, Central Ave, Del Amo Bl, and University Dr including median modification to accommodate bike lane buffer zone
CC Previously Approved
Projects
2 Design PW1451B Bikeways Bike Lane Installation - Carson St, Figueroa, Main St, and Victoria St
Design and construction of 14.6 mile bike lanes on Carson St, Figueroa, Main St, and Victoria St, including median modification to accommodate bike lane buffer zone
CC Previously Approved
Projects $ 7,755,000
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 5
11 CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $0 $ 4,430,514 $ - $ - -$ 1, 7 General Fund
2 Design PW1608 Roadways MLK Blvd Improvements
Reconstruction of Martin Luther King Blvd. The project includes removal and replacement of existing native soil and aggregate base to reconstruct roadway section per current City Standard.
CC Previously Approved
Projects 10,000,000$ $0 10,000,000$ -$ -$ -$ 1 UNFUNDED $100,000 500,000$ -$ -$ -$ 1 Measure R Grant
$0 -$ -$ -$ -$ 1 DIF Transportation (4945)
2 Design PW1613 Traffic Traffic Signal Installation - Main St at Lenardo Dr
Traffic signal installation at intersection - Main St and Lenardo Dr CC Previously Approved Projects $ 400,000 $400,000 $ - $ - $ - -$ 1, 2 Measure MR-MM Bonds - Fund 256 2 Design PW1615 Traffic Traffic Signal Installation - Lenardo Dr at Stamps Dr
Traffic signal installation at intersection - Lenardo Dr and Stamps Dr CC Previously Approved Projects $ 600,000 $0 $ - $ - $ - -$ 1 Measure MR-MM Bonds - Fund 256 2 Design PW1616 Traffic Traffic Signal Installation-3 Driveways - Lenardo Dr at FOLA Driveways
Traffic signal installation at intersection - Lenardo Dr and FOLA Driveways CC Previously Approved Projects $ 1,500,000 $0 $ - $ - $ - -$ 1 Measure MR-MM Bonds and/or DIF Transportation (4945)
2 Design PW1617 Roadways Lenardo Drive Construction of new roadway to serve the 157 acre site development CC Previously Approved Projects 19,000,000$ $5,000,000 14,000,000$ -$ -$ -$ 1 Measure MR-MM Bonds - Fund 256 $0 $ 2,200,000 $ - $ - -$ 2, 4 Measure R
$0 $ - $ - $ - -$ 2, 4 Measure M
2 Design PW1620 Roadways Lomita Blvd-Street Improvement - Figueroa to Avalon
Lomita Blvd - The project includes pavement rehabilitationilitaion, tree removal and replacement, and concrete reconstruction. (Combine PW1620, 1393-5, 1411-5)
CC Previously Approved
Projects $0 $ - $ - $ - -$ 2, 4 DIF Traffic (4941) 2 Design PW1624 Roadways Figueroa Street Improvement -
Torrance to 223rd
Figueroa Street Improvement - Torrance to 223rd. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
CC Previously Approved
Projects 2,000,000$ $0 2,000,000$ -$ -$ -$ 2 Measure M and/or R $4,020,400 -$ -$ -$ -$ 3 OGALS
$0 DIF: Park & Related Facilities
(4942)
$0 Park Development (Quimby Fund
216)
$0 1,019,181$ -$ -$ -$ 1, 2, Measure R - Fund 254 $0 740,819$ DIF Transportation (4945)
3,445,254$
2 Design PW1647 Roadways
I-110 Freeway Arterial Improvements -
Figueroa St at Del Amo Blvd, Figueroa
St at I-110 NB Ramps, Figueroa St at I-
110 SB Ramps, Main St at I-405 SB On
Ramp, Main St at I-405 SB Off Ramp,
and Hamilton Ave at Del Amo Blvd
Traffic signal system improvement on the arterial roadways along the east and west side of the i-110 corridor at 6 Intersections - Figueroa St at Del Amo Blvd, Figueroa St at I-110 NB Ramps, Figueroa St at I-110 SB Ramps, Main St at I-405 SB On Ramp, Main St at I-405 SB Off Ramp, and Hamilton Ave at Del Amo Blvd
Pending MTA's approval for scope change and time extension CC Previously Approved
Projects 3,520,000$
2 Design PW1636 Parks **Mills Park Renovations
Install new shade structure over picnic shelters and outdoor exercise equipment, Construct Unisex restrooms (pre-fabrication) for public use, monument sign, wading pool demo - Per Capita Grant
CC Previously Approved
Projects
600,000$
2 Design PW1620 Roadways Lomita Blvd-Street Improvement - Figueroa to Avalon
Lomita Blvd - The project includes pavement rehabilitationilitaion, tree removal and replacement, and concrete reconstruction. (Combine PW1620, 1393-5, 1411-5) CC Previously Approved
Projects $ 2,200,000
2 Design PW1612 Traffic *Traffic Signal Installation- Broadway and Griffith
Traffic signal installation at Broadway and Griffith
CC Previously Approved
Projects
2 Design PW1600 Bikeways Dominguez Channel Bike Path II Bike path installation along Dominguez Channel from Avalon to Carson St CC Previously Approved
Projects $ 5,500,000
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 6
12 CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $0 1,760,000$ Metro Expresslane NetToll Revenue Grant 2 Design PW1671 Parks **Dolphin Park Electrical Panel
Upgrade - design and Construction
Replace and upgrade electrical panels and lighting control for field lights. (Combined PW1671 & PW1630)
CC Previously Approved
Projects $ 100,000 $0 $ - $ - $ - -$ 3 Park Development (Quimby) - Fund 216 2 Design PW1681 Parks Pool Building Shelter Cover Provide covering over open slots in the locker rooms to prevent debries and water from entering (Carson & Foisia pool)
CC Previously Approved
Projects 50,000$ $0 50,000$ -$ -$ -$ 1, 4 Local: Quimby 2 Design PW1682 Stormwater Stormwater Master and
Implementation Plan
Create a comprehensive Stormwater Implementation Plan to inform strategic stormwater capital planning, maintenance, operations, and program management in the City. The plan must consolidate municipal stormwater quality compliance; targeted drainage and flood improvements; operations, maintenance, and non-structural program management; and financial strategy (government grants, regional programs and partnerships, City funds if required, General Fund and Safe, Clean Water Program) into one guiding program.
CC Previously Approved
Projects 1,364,143$ $165,000 -$ -$ -$ -$ 0 Measure W - Fund 295 2 Design PW1684 Parks Wading Pool Demo Demolition of wading pools at Anderson, Calas, Veterans CC Previously Approved Projects 100,000$ $100,000 -$ -$ -$ -$ 2, 3 Local: Quimby, County Pk, DIF $0 $ - $ - $ - -$ 1 DIF: Park & Related Facilities (4942) Park Development (Quimby Fund 216)
$0 DIF: Park & Related Facilities (4942)
$0 $ 1,000,000 $ - $ - -$ 1 Park Development (Quimby Fund 216) 2 Design PW1710 Roadways Walnut St rehabilitation (Avalon to Central)
Walnut St rehabilitation from Avalon to Central. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
CC Previously Approved
Projects 3,900,000$ $0 3,900,000$ -$ -$ -$ 1 RMRA (SB1) - Fund 288 2 Design PW1715 Roadways Medians Plan: Construct &
Relandscape Center Medians
Replace and install all new landscape at the center medians located through out the city with drought tolerant plants.
CC Previously Approved
Projects, Grants-Eligible $ 1,500,000 $400,000 $ 1,000,000 $ - $ - -$ 1, 2, 3, 4 DIF Administration (4940) 2 Design PW1723 Buildings International Scuplture Garden City Council request, the existing statue of Jose Rizal is the first of potentially several historical leaders to be memorialized in the international sculpture garden. Staff recommendation is to congregate all sculptures in an accessible area adjacent to the Community Center and outside of the footprint of the proposed Teen/Innovation Center.
New Project 200,000$ $0 -$ -$ -$ -$ 4 UNFUNDED 2 Design PW1732 Parks Solar @ Vets Park Microgrid-Solar panels and Battery Storage Systems at SportsComplex Parking Lot and some areas of roofing. New Project 2,000,000$ $2,000,000 2,000,000$ -$ -$ -$ 2 Fed Gov't Appropriation from HUD
Grant# B-23-CP-0CA-0076
2 Design PW1738 Technology WiFi in Parks Expand WiFi throughout the parks to have accessibility on fields, parking lots, courts, etc.
CC Previously Approved
Projects 350,000$ $350,000 -$ -$ -$ -$ 1, 2, 3, 4 ARPA - Fund 299 $300,000 3,700,000$ -$ -$ -$ 1 DIF Gov Facilities (4944) $0 DIF Gov Facilities (4944)
2 Design PW1749 Buildings EV Bus Chargers Installation of EV bus chargers with electrical conduits and potential transformer
CC Previously Approved
Projects 250,000$ $250,000 -$ -$ -$ -$ 1 Maybe loadshed or Prop C; DIF Utilities & Sustainability (4946)
$ 1,000,000
2 Design PW1748 Buildings
Corporate Yard Energy Efficient &
Other Improvements - Evaluate and
construct, if viable
•Optimize equipment layout and parking space
•Wall and roof repair and insulation at main corporate yard building •Driveway at 18601 S. Main St for alternate Corporate Yard exit •Wash station and compliance requirements
•Covered parking, Fire Suppression system at Warehouse and Community Services
CC Previously Approved
Projects 4,000,000$
2 Design PW1707 Parks Stevenson Park Picnic Shelters Installation of New Picnic Shelters (Combine PW1707 & PW1706) CC Previously Approved Projects
2 Design PW1706 Parks Stevenson Park Bungalow Removal Removal of bungalow "North End" (Combine PW1706 & PW1707) CC Previously Approved Projects
2 Design PW1647 Roadways
I-110 Freeway Arterial Improvements -
Figueroa St at Del Amo Blvd, Figueroa
St at I-110 NB Ramps, Figueroa St at I-
110 SB Ramps, Main St at I-405 SB On
Ramp, Main St at I-405 SB Off Ramp,
and Hamilton Ave at Del Amo Blvd
Traffic signal system improvement on the arterial roadways along the east and west side of the i-110 corridor at 6 Intersections - Figueroa St at Del Amo Blvd, Figueroa St at I-110 NB Ramps, Figueroa St at I-110 SB Ramps, Main St at I-405 SB On Ramp, Main St at I-405 SB Off Ramp, and Hamilton Ave at Del Amo Blvd
Pending MTA's approval for scope change and time extension CC Previously Approved
Projects 3,520,000$
* PW Priority
** CS Priority
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13 CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $1,000,000 1,559,000$ -$ -$ -$ 1, 3 Surface Transporation Program Local (STPL) $2.7M from STPL
$1,816,000 -$ DIF Traffic (4941) $0 Measure R
$0 Measure M
2 Design PW1758 Roadways Main Street - 228th St to Carson Street Main St. (0.9 miles) Grind and overlay from 228th St. to Carson St. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
New Project 4,000,000$ $0 -$ 1,350,000$ -$ -$ 2, 4 RMRA (SB1) - Fund 288 $800,000 -$ -$ -$ -$ 3 Measure R Measure M
2 Design PW1776
Stormwater
Calas Park Stormwater Infiltration and
Water Quality Improvements
Supplemental Environment Project (SEP)
New Project
6,000,000$ $500,000 5,500,000$ -$ -$ -$
3 LA County Sanitation Districts
2 Design PW1780 Roadways Victoria Street Transit Center Construction of a new transit center adjacent to CSUDH New Project - Unapproved 3,250,000$ $0 3,250,000$ -$ -$ -$ 1 Metro Grant 2 Design PW1783 Stormwater Delford Culvert Replacement Reconstruct the culvert between Delford Avenue and 226th Place. New Project - Unapproved 294,470$ $0 -$ -$ -$ -$ General Fund 2 Design PW1785 Bikeways Carson Bicycle Master Plan
Carson's Master Bicycle Plan will serve as an informative guide when developing a framework that improves the city's physical bicycle system and reduces transportation inequities. With 18.7 sq miles of grid street networks (including California State University, Dominguez Hills), connecting Carson’s communities can enable widespread mode shifts to bicycling.
New Project - Unapproved
897,000$ $897,000
-$ ATP Cycle 6
2 Design PW1788 Stormwater Del Amo Park Drainage Evaluate draining for northern portion of del amo park. And prepare PS&E for basketball courts and problematic areas. 3,000,000$ $150,000 3,000,000$ -$ Gen-Fun On-call 3 Maintenance PW1396 Roadways Dominguez Street Roadway
Reconstruction
Dominguez Street from Wilmington to Alameda. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
CC Previously Approved
Projects $ 3,120,000 $0 $ - $ - $ - -$ 1, 2, 3, 4 UNFUNDED 3 Maintenance PW1413-5 Roadways Annual Slurry Seal & Crack Seal Program (Preventative Maintenance)
Annual preventative maintenace using a rubberized slurry seal on city streets - New Project $ 900,000 $0 $ - $ - $ 900,000 -$ 1, 2, 3, 4 UNFUNDED 3 Maintenance PW1426 Roadways *Citywide Park Slurry Seal Parking Lot, Green Streets & Sustainability
Preventative maintenance for parking lot at all City Parks (12 @$85k) New Project /Funded Const. $ 1,020,000 $0 $ - $ 1,020,000 $ - -$ 1, 2, 3, 4 UNFUNDED 3 Maintenance PW1484 Parks Dugout Cover Installation at 9 Parks Repair and or replace dugout roof material (Calas, Carriage Crest, Del Amo, Dolphin, Dominguez, Foisia, Hemingway, Stevenson, Veterans) 26 total CC Previously Approved
Projects 75,000$ $0 75,000$ -$ -$ -$ 1, 2, 3, 4 Local: Quimby 3 Maintenance PW1639 Parks Veterans Park Office & Meeting Room & Kitchen Refurbishment
Replace counters, counter tops, cabinets and plumbing fixtures, flooring in Activity rooms and office and remodel Kitchen with new
floor/cabinets/appliances
CC Previously Approved
Projects 200,000$ $0 200,000$ -$ -$ -$ 2 Local: Quimby, County Pk 3 Maintenance PW1673 Parks **Pool Slides Replacement at Dominguez Park and Hemingway Park
Replace and install new pool slides for Dominguez Pool and Hemingway Pool CC Previously Approved Projects 900,000$ $0 450,000$ 450,000$ -$ -$ 1, 3 Local: Quimby, County Pk DIF: Park &
Related Facilities (4942), Park
Development (Quimby Fund 216)
$207,500 $207,500 $207,500 $207,500 -$ 2 Safe Clean Water $207,500 , General Fund 1:1 Match $207,500 $ 1,037,500 3 Maintenance PW1692 Stormwater *Carson Stormwater & Runoff Project (O&M Carriage Crest Park)
Operation & Maintenance of stormwater capture facility at Carriage Crest Park. Safe clean water program requirements CC Previously Approved Projects
4,375,000$
2 Design PW1775 Roadways 213th St. Street Lights Chico to Wilmington New Project 800,000$ 2 Design PW1753 Roadways University Drive Rehabilitation - Avalon Blvd to Wilmington Ave
University Dr. Rehabilitation (1.8 miles) from Avalon to Wilmington Ave. The project includes removal and replacement of asphalt pavement section and base, grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
New Project
* PW Priority
** CS Priority
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14 CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $207,500 $207,500 $207,500 $207,500 General Fund 1:1 Match $207,500 3 Maintenance PW1699 Buildings Community Center Upgrades - Dominguez Halls and Kitchen
Upgrades to facility kitchen and halls (Dominguez Halls) at community center (Later to avoid construction conflicts w/ coiling wall) CC Previously Approved
Projects 1,870,000$ $0 1,870,000$ -$ -$ -$ 4 UNFUNDED 3 Maintenance PW1712 Buildings Park Facility HVAC Installation Design and Construct - $750k per Gymnasium and Facility Maintenance 7,500,000$ $0 2,000,000$ 2,000,000$ 2,000,000$ 1,500,000$ 1, 2, 3, 4 UNFUNDED 3 Maintenance PW1754 Roadways Figueroa Street - Torrance to Victoria Figueroa St. (2.3 miles) Grind and overlay from Torrance to Victoria. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
New Project 6,540,000$ $0 650,000$ 5,890,000$ -$ -$ 1, 2 UNFUNDED 3 Maintenance PW1791 Roadways Street Repair Citywide Street Repair Maintenance 32,000,000$ $15,000,000 -$ FUNDED -CIP-GENFUN $116,402,392 $112,880,100 $11,125,000 $3,315,000 $1,500,000 $ 1,037,500 3 Maintenance PW1692 Stormwater *Carson Stormwater & Runoff Project (O&M Carriage Crest Park)
Operation & Maintenance of stormwater capture facility at Carriage Crest Park. Safe clean water program requirements CC Previously Approved Projects
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 9
15 CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
Agenda File Id # 2024-0805.pdf
701 East Carson Street
CITY OF CARSON
701 E. Carson St.
File #: 2024-0805, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:
CONSIDER TAKING A POSITION OF OPPOSITION AND SENDING A
CORRESPONDING LETTER REGARDING ASSEMBLY BILL 98 (CARRILLO, REYES)
REGARDING WAREHOUSE AND LOGISTICS USE STANDARDS AND RELATED
MATTERS (CITY COUNCIL)
I. SUMMARY
This item transmits a request for the City Council to take a position of opposition and authorize staff to transmit a corresponding letter regarding Assembly Bill 98 (Carrillo, Reyes), the “Warehouse Design and Build Standards Bill.” Staff recommends the City Council to oppose AB 98 because the measure limits a city’s ability to site a new or expanded use of a logistic use development or warehouse. Local ordinances are already aimed at ensuring zoning regulations are tailored to the unique needs and concerns of our communities. Local jurisdictions are best equipped to determine appropriate setback requirements and conditions for logistic use developments in their cities, rather than be forced to use a one-size-fits-all approach.
This bill, if enacted, would limit new or expanded logistics use developments and warehouses on existing and rezoned industrial sites within 900 feet of sensitive receptors (including homes, hospitals, schools, and public recreational areas) by requiring a 300-to- 500-foot setback, 50-to-100-foot buffer zones, and required trucking routes. The bill would also require all local governments to update their circulation elements to include truck routes, signage, parking, and idling, and would authorize the Attorney General to fine local jurisdictions $50,000 every six months if they are not in compliance.
II. RECOMMENDATION
TAKE a position of opposition for Assembly Bill 98 (Carrillo, Reyes) and AUTHORIZE staff to transmit a corresponding letter.
CITY OF CARSON Printed on 9/11/2024Page 1 of 2
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1 File #: 2024-0805, Version: 1
III. ALTERNATIVES
TAKE another action the Council deems appropriate and that is consistent with applicable laws.
IV. BACKGROUND
See letter of opposition included as Exhibit 1.
V. FISCAL IMPACT
No fiscal impact as the purpose of this item is to seek concurrence of the letter, only.
VI. EXHIBITS
1. Letter of Opposition for Assembly Bill 98 (Carrillo, Reyes) (pgs. 3 - 6)
2. Assembly Bill 98 (pgs. 7 - 26)
Prepared by: Michael George, Assistant to the City Manager CITY OF CARSON Printed on 9/11/2024Page 2 of 2
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2 EXHIBIT NO. 1
Honorable Governor Gavin Newsom
State Capitol
Sacramento, CA 95814
RE: Warehouse Design and Build Standards Bill (Anticipated to be AB 98) Notice of OPPOSE (As of the draft RN# 24 21421, August 23, 2024, date stamped 1:12PM)
Dear Honorable Governor Gavin Newsom,
The City of Carson requests that you veto AB 98, as we strongly oppose the forthcoming warehouse bill (as described in the August 23, 2024 draft RN# 24 21421 date stamped at 1:12PM). The bill would limit new or expanded logistics use developments and warehouses on existing and rezoned industrial sites within 900 feet of sensitive receptors (including homes, hospitals, schools, and public recreational areas) unless specific standards are met. The bill would also require all local governments to update their circulation elements logistic use development information, including truck routes, signage, parking, and idling, and would authorize the Attorney General to fine local jurisdictions $50,000 every six months if they are not in compliance.
The process of developing the warehouse bill excluded Cal Cities, county associations, and other key stakeholders. While the bill intentions are aimed at addressing air quality related concerns adjacent to warehouse operations, this problematic gut-and-amend includes stringent requirements that will severely impact the ability for local jurisdictions to site based on unique geographic and community characteristics, and stifles economic and workforce development in their communities.
1. The warehouse bill was negotiated behind closed doors and excluded key stakeholders, including cities and counties.
The policy presented in the warehouse bill goes far beyond previous legislative efforts, including AB 1000 (Reyes) from earlier this year. Not only is the legislation far-reaching, but it has not been fully vetted through the legislative process. No policy committee has deliberated on this bill. Only hand-picked stakeholders were able to have their positions heard, and there has been no public hearings or opportunity for public comment on this substantial policy matter that forces a ‘one-size-fits-all’ approach on communities.
3 2. The warehouse bill takes local community-based solutions completely off the table.
We are extremely concerned that this measure overly constrains local governments by outright limiting a city’s ability to site a new or expanded use of a logistic use development or warehouse that are within 900 feet of a sensitive receptors. Local decision making is essential to ensure zoning regulations are tailored to the unique needs and concerns of various communities. Cities and counties have good neighbor policies and local ordinances that make them better equipped to determine appropriate setback requirements and conditions for logistic use developments based on the specific geographic and regional factors in their communities and allows local governments the ability to engage the public. Cities are actively siting and zoning to prepare for community growth and development. Cities are already planning for housing, lowering vehicle miles traveled, updating climate action plans, zoning for open space and greenbelts, and more.
We believe that local governments should retain their abilities to exercise local discretion when siting logistic use developments prior to any state-mandated conditions being required.
3. The warehouse bill creates an uneven playing field for local governments, creating winners and losers based on geography, hampering employment opportunities, and limiting future economic growth.
The warehouse bill establishes a tiered framework that applies different setback requirements and warehouse conditions depending on existing industrial or re-zoned sites across the state. This would make logistic use and warehouse developments in certain cities or counties more attractive compared to other cities or counties. This uneven playing field will benefit certain local governments to the detriment of others, in some cases solely based on geographic differences, hindering the ability of cities and counties to provide future job opportunities for their communities.
Additionally, several definitions in the bill would make the implementation of the measure extremely complex and remain problematic. The definition of ‘logistic use’ would include that the development may incidentally serve retail customers for onsite purchases and the bill also states that a logistic use development may not sell directly to consumers. This is contradictory and misleading. Similar, the definition of ‘sensitive receptor’ would include schools. Local governments are not responsible for the siting of schools and therefore would have no control should a school re-locate directly adjacent to a logistic use development or warehouse.
4. The warehouse bill proposes a cart-before-the-horse approach that lacks science-based evidence for the standards imposed.
The warehouse bill would require the South Coast Air Quality Management District (SCAQMD) to deploy mobile air monitoring systems within the counties of Riverside and San Bernardino beginning January 1, 2026 to January 1, 2032 and after conducting an air modeling analysis to evaluate the impact of air pollution on sensitive receptors from logistic use development operations, submit findings to the legislature by January 1, 2033. It is pre-emptive to require such stringent standards, including setback distances, when sound scientific data hasn’t been collected and isn’t available to justify these prescriptive requirements. Further, it is unclear why a bill with statewide standards and conditions would not require air quality monitoring and modeling across 4 the state to ensure such standards are in fact effectuating the change the bill intends to seek statewide.
The stringent standards in the bill are new and compounding on existing laws and regulations that local governments are already complying with. Without sound science backing the need for additional requirements, the warehouse bill would simply provide greater constrains that will hurt local communities. As noted, cities are already addressing environmental impacts by complying with existing regulatory frameworks such as 1) implementing the California Environmental Quality Act (CEQA), 2) developing regional transportation and land use plans through regional council of governments, 3) implementing the Advanced Clean Fleet (ACF) regulations promulgated by the California Air Resources Board, and 4) meeting existing rules related to air quality standards, such as by the SCAQMD, which has established regulations to limit emissions from certain types of businesses, including logistics and warehouse facilities.
Ultimately, this bill would set a precedent of usurping local control without a sound scientific basis.
5. The required circulation element update is extensive and triggers existing statutory requirements in the circulation element to now be updated based on the new deadlines included in the bill.
The warehouse bill would require all local governments to update their circulation element with truck routing information by either January 1, 2028 or, if located in San Bernardino and Riverside counties, by January 1, 2026. This would require a local government to make these updates within two years and for the Inland Empire region, within one year of the statute coming into effect. The circulation element update would be required and would result in costly fines if not completed. However, the bill is not abundantly clear that cities and counties can disapprove a logistic use facility development from moving forward. Therefore, the bill thrusts extensive provisions onto local governments with no regard to the actual development of logistic uses and warehouses in their communities.
An unintended consequence of the warehouse bill would trigger that, based on the deadlines in the bill, existing statute that requires cities and counties to update their circulation element with protective safety measures for bicyclists and pedestrians must also meet the January 1, 2026 and January 1, 2028 deadlines, as prescribed in the bill. This would require local governments to complete all updates in the circulation element in this time frame, otherwise the enforcement provisions and costly fines would apply.
The circulation element update would also require that truck traffic avoid residential areas and sensitive receptors. The bill would limit the trucks traveling from highways to industrial zoned areas to only use major and minor collector streets and roads that predominantly serve commercially oriented uses. Communities are uniquely situated and not all regions can to meet these restrictive requirements. Further understanding of the potential implications in small to mid-size communities, and suburban, rural and urban communities should be further analyzed before imposing such restrictions.
6. The provisions of the bill will impose costly, unfunded mandates for local governments. 5 The warehouse bill would require local governments to comply with the extensive standards included in the bill and does not offer any form of cost reimbursement based on these mandates.
Local governments work hard to comply with existing statute and regulations, such as CEQA, ACF, among many other state-mandated requirements. By adding new and complicating requirements, without including a mechanism for local governments to receive reimbursement for such mandated costs is unreasonable. This would make it more challenging for local governments to meet the demands in the bill which should ultimately be the intent of the legislation, should be to encourage local governments to achieve the proposed requirements, not make it harder with greater unfunded mandates.
7. The enforcement provisions are overly harsh, aiming to punish all local governments.
The warehouse bill would authorize the Attorney General to impose a fine of $50,000 every six months on local jurisdictions that do not complete their circulation element updates. Other legislation that has included similar fines, have been contingent upon a court order or litigation prior to such fines being imposed. With a ‘no-questions-asked’ approach to enforcement, local governments are being targeted with this punitive provision. Furthermore, this provision singles out local governments based on the completion of their circulation element update, rather than focusing on the implementation of all of the standards included in the bill. It should be noted that there are no other enforcement provisions in the bill for any of the other standards that are proposed.
For these reasons, the City of Carson joins Cal Cities and CSAC to oppose the warehouse bill.
Please contact our City Manager’s Office at [email protected] or 310-952-1731 if you have questions or concerns regarding our position.
Sincerely,
City of Carson City Council
6 Assembly Bill No. 98
Passed the Assembly August 31, 2024
Chief Clerk of the Assembly
Passed the Senate August 31, 2024
Secretary of the Senate
This bill was received by the Governor this day
of , 2024, at o’clock m.
Private Secretary of the Governor
EXHIBIT NO. 2
7 CHAPTER
An act to add Section 65302.02 to, and to add Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of, the Government Code, and to add Sections 40458.5 and 40522.7 to the Health and Safety Code, relating to land use.
legislative counsel’s digest
AB 98, Juan Carrillo. Planning and zoning: logistics use: truck routes.
(1) Existing la w, the Planning and Zoning La w, sets forth various requirements relating to the review of development project permit applications and the issuance of de velopment permits for specified classes of development projects.
This bill, be ginning January 1, 2026, w ould prescribe v arious statewide warehouse design and build standards for any proposed new or e xpanded logistics use de velopments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping b uffers, entry gates, and signage. The bill would except from those design and build standards certain e xisting logistics use de velopments, proposed expansions of a logistics use development, and property currently in a local entitlement process to become a logistics use, under prescribed conditions. The bill w ould require a f acility operator, prior to the issuance of a certificate of occupanc y, to establish and submit for appro val by a city , county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city, county, or city and county, as prescribed. The bill would require a facility operator to enforce the plan. The bill w ould provide for the re vision of the plan in specified circumstances.
The bill would prohibit a city, county, or city and county from approving development of a logistics use that does not meet or exceed the standards outlined in the bill. The bill would require a city, county, or city and county to condition approval of a logistics use on 2-to-1 replacement of an y demolished housing unit that was occupied within the last 10 years unless the housing unit was declared substandard by a b uilding official, as specified, and 97 — 2 — AB 98
8 payments to displaced tenants if residential dwellings are affected through purchase, as prescribed. The bill would define terms for these purposes.
(2) The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensi ve, long-term general plan for the ph ysical development of the county or city and specified land outside its boundaries that includes, among other specified mandatory elements, a circulation element consisting of the general location and e xtent of e xisting and proposed major thoroughf ares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
Existing la w requires, upon an y substanti ve re vision of the circulation element, that the legislative body modify the element to address specified additional issues.
This bill w ould require a county or city , by January 1, 2028, except as provided, to update its circulation element, as prescribed, including identifying and establishing specific travel routes for the transport of goods, materials, or freight for storage, transfer , or redistribution to safely accommodate additional truck traffic and avoid residential areas and concentrations of sensiti ve receptors, as defined. The bill w ould establish specific standards for truck routes. The bill w ould require a county or city to pro vide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations. The bill would require a county or city to mak e truck routes publicly available and share maps of the truck routes with warehouse operators, fleet operators, and truck dri vers. The bill would authorize the Attorney General to enforce these provisions, as provided, including by imposition of a fine of up to $50,000 every 6 months if the required updates have not been made. (3) Existing law provides for the creation of the South Coast Air Quality Management District in those portions of the Counties of Los Angeles, Orange, Riverside, and San Bernardino included within the area of the South Coast Air Basin, as specified. Existing law provides that the south coast district is go verned by a board consisting of 13 members and requires the district to adopt rules and re gulations to carry out the south coast district air quality management plan that are not in conflict with state and federal laws and rules and regulations.
97 AB 98 — 3 —
9 This bill w ould require the south coast district to establish a process for recei ving community input on ho w an y penalties assessed and collected for violation of the Warehouse Indirect Source Rule are spent, as specified. The bill w ould require the south coast district, subject to an appropriation for this e xpress purpose, to, be ginning on January 1, 2026, and until January 1, 2032, deploy mobile air monitoring systems within the Counties of Ri verside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments. The bill would require the south coast district to use the data collected to conduct an air modeling analysis to evaluate the impact of air pollution on sensiti ve receptors from logistics use development operations and to submit its findings to the Legislature on or before January 1, 2033. The bill would also require the district to submit an interim report to the Le gislature on or before January 1, 2028, to evaluate the impact of air pollution on sensitive receptors, as defined, from logistics use development operations in the Counties of Ri verside and San Bernardino, as provided.
(4) By modifying the duties of local agencies with regard to the approval of logistics use de velopment and requiring the re vision of the circulation element of a general plan, the bill would impose a state-mandated local program.
(5) The bill would include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(6) The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill w ould provide that no reimb ursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Chapter 2.8 (commencing with Section 65098)
is added to Division 1 of Title 7 of the Government Code, to read:
97 — 4 — AB 98
10 Chapter 2.8. Warehouse Design and Build Standards
65098. As used in this chapter:
(a) “21st century warehouse” means a logistics use that meets all of the following:
(1) Complies with or e xceeds all requirements of the most current building energy efficiency standards specified in P art 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Re gulations), including, but not limited to, the follo wing requirements related to:
(A) Photovoltaic system installation and associated battery storage.
(B) Cool roofing.
(C) Medium- and heavy-duty vehicle charging readiness. (D) Light-duty electric vehicle charging readiness and installed charging stations.
(2) Has sk ylights in at least 1 percent of the roof area, or equivalent LED efficient lighting.
(3) Provides conduits and electrical hookups at all loading bays serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay.
(4) Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(5) (A) Ensures that all classes of forklifts used on site, pursuant to State Air Resources Board’s Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially of f-the shelf a vailable, and adequate power available on site.
(B) (i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate po wer available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a f actor in determining operational feasibility pursuant to this subparagraph.
(6) (A) Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site.
97 AB 98 — 5 —
11 (B) (i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate po wer available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a f actor in determining operational feasibility pursuant to this subparagraph.
(C) Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use f acility shall preferentially contract for services utilizing zero-emission small off-road engines.
(b) “Expansion of an existing logistics use” means the expansion of an existing logistics use by 20 percent or more of the e xisting square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold.
(c) “Heavy-duty truck” means a class 7 or class 8 truck. As used in this subdivision:
(1) “Class 7 truck” means a truck with a gross v ehicle weight rating of 26,001 to 33,000 pounds.
(2) “Class 8 truck” means a truck with a gross v ehicle weight rating of greater than 33,000 pounds.
(d) “Logistics use” means a building in which cargo, goods, or products are moved or stored for later distrib ution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the mo vement of the car go, goods, or products. “Logistics use” does not include any of the following:
(1) Facilities where food or household goods are sold directly to consumers and are accessible to the public.
(2) A building primarily served by rail to move cargo goods or product.
(3) (A) A Strategic Intermodal Facility.
(B) For purposes of this subdi vision, “Strate gic Intermodal Facility” means a project that satisfies all of the follo wing requirements:
(i) Logistics facilities, including warehousing and transloading facilities, served by rail.
(ii) Intermodal freight transport services.
(iii) All facility structures and related rail operations are located within a single site footprint.
(e) “Sensitive receptor” means one or more of the following:
97 — 6 — AB 98
12 (1) A residence, including, but not limited to, a pri vate home, apartment, condominium unit, group home, dormitory unit, or retirement home.
(2) A school, including, b ut not limited to, a preschool, prekindergarten, or school maintaining kinder garten or an y of grades 1 to 12, inclusive.
(3) A daycare f acility, including, b ut not limited to, in-home daycare.
(4) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the development of a logistics use.
(5) Nursing homes, long-term care f acilities, hospices, convalescent facilities, or similar live-in housing.
(6) Hospitals, as defined in Section 128700 of the Health and Safety Code.
(f) “Small off-road engines” means spark-ignition engines rated at or below 19 kilowatts.
(g) “Tier 1 21st century warehouse” means a logistics use that meets all of the following:
(1) Complies with or e xceeds all requirements of the most current building energy efficiency standards specified in P art 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Re gulations), including, but not limited to, the follo wing requirements related to:
(A) (i) Photovoltaic system installation and associated battery storage.
(ii) For purposes of the photo voltaic system installation requirement in clause (i), all warehouse square footage should be considered conditioned space.
(B) Cool roofing.
(C) Medium- and heavy-duty vehicle charging readiness. (D) Light-duty electric vehicle charging readiness and installed charging stations.
(2) Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.
(3) Has a microgrid-ready switchgear system capable of supporting distributed energy resources.
97 AB 98 — 7 —
13 (4) Is advanced smart metering ready.
(5) Has a minimum of 50 percent of all passenger v ehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles. (6) Has a minimum of 10 percent of all passenger v ehicle parking spaces installed with electric vehicle charging stations. (7) Provides conduits and electrical hookups at all loading bays serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay.
(8) Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(9) (A) Ensures that all classes of forklifts used on site, pursuant to State Air Resources Board’s Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially of f-the shelf a vailable, and adequate power available on site.
(B) (i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate po wer available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a f actor in determining operational feasibility pursuant to this subparagraph.
(10) (A) Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the shelf available, and adequate power available on site.
(B) (i) If not operationally feasible, commercially off-the shelf available, or if there is inadequate po wer available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a f actor in determining operational feasibility pursuant to this subparagraph.
(C) Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use f acility shall preferentially contract for services utilizing zero-emission small off-road engines.
(h) “Warehouse concentration region” includes the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino. 97 — 8 — AB 98
14 65098.1. (a) Commencing January 1, 2026, any proposed new or expanded logistics use development 250,000 square feet or more where the loading bay is within 900 feet of a sensiti ve receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial w as ultimately approved shall comply with all of the following:
(1) Include all Tier 1 21st century w arehouse design elements described in subdivision (g) of Section 65098.
(2) Orient truck loading bays on the opposite side of the logistics use de velopment a way from sensiti ve receptors, to the e xtent feasible.
(3) Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method. (4) Have a separate entrance for hea vy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck dri ve aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6) Include buffering and screening to mitig ate for light and noise, as described in Section 65098.2.
(b) Commencing January 1, 2026, e xcept as pro vided for in subdivision (c), an y proposed ne w or e xpanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, where the loading bay is within 900 feet of a sensiti ve receptor, shall comply with all of the following:
(1) If the logistics use de velopment is 250,000 square feet or more it shall include all Tier 1 21st century w arehouse design elements described in subdi vision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century w arehouse design elements described in subdivision (a) of Section 65098.
(2) Orient truck loading bays on the opposite side of the logistics use de velopment a way from sensiti ve receptors, to the e xtent feasible.
97 AB 98 — 9 —
15 (3) Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method. (4) Have a separate entrance for hea vy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck dri ve aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6) Include buffering and screening to mitig ate for light and noise, as described in Section 65098.2.
(c) Commencing January 1, 2026, an y proposed ne w or
expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, and is located in the warehouse concentration region, shall comply with all of the following:
(1) If the logistics use de velopment is 250,000 square feet or more it shall include all Tier 1 21st century w arehouse design elements described in subdi vision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century w arehouse design elements described in subdivision (a) of Section 65098.
(2) Orient truck loading bays on the opposite side of the logistics use de velopment a way from sensiti ve receptors, to the e xtent feasible.
(3) Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method. (4) Have a separate entrance for hea vy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck dri ve aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(6) Include buffering and screening to mitig ate for light and noise, as described in Section 65098.2.
(d) Commencing January 1, 2026, an y proposed ne w or
expanded logistics use development less than 250,000 square feet 97 — 10 — AB 98
16 where the loading bay is within 900 feet of a sensiti ve receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial w as ultimately approved shall comply with all of the following:
(1) Orient truck loading bays on the opposite side of the logistics use de velopment a way from sensiti ve receptors, to the e xtent feasible.
(2) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck dri ve aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.
(3) Include buffering and screening to mitig ate for light and noise, as described in Section 65098.2.
(4) Complies with or e xceeds all requirements of the most current building energy efficiency standards specified in P art 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Re gulations), including, but not limited to, the follo wing requirements related to:
(A) Photovoltaic system installation and associated battery storage.
(B) Cool roofing.
(C) Medium- and heavy-duty vehicle charging readiness. (D) Light-duty electric vehicle charging readiness and installed charging stations.
(5) Provides conduits at loading bays equal to one truck per every loading bay serving cold storage. Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay. (6) Ensures that any heating, ventilation, and air-conditioning is high-efficiency.
(7) Have a separate entrance for hea vy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.
(e) (1) Except as provided in paragraph (2), on or before January 1, 2028, a city , county , or city and county shall update its circulation element to include truck routes, as specified in Section 65302.02.
97 AB 98 — 11 —
17 (2) On or before January 1, 2026, all cities and counties in the warehouse concentration region shall update its circulation element to include truck routes, as specified in Section 65302.02. 65098.1.5. (a) (1) Notwithstanding an y other pro vision of law, an y e xisting logistics use de velopment in e xistence as of September 30, 2024, shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdi vision (c) of Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after the effective date of this chapter. (2) Notwithstanding any other provision of law, if, by September 30, 2024, a proposed expansion of a logistics use development is in a local entitlement process, then the proposed e xpansion shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdi vision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(3) Notwithstanding any other provision of law, if, by September 30, 2024, a property is currently in a local entitlement process to become a logistics use, then the proposed logistics use development shall not be subject to the requirements described in paragraph (3) of subdi vision (a) of, paragraph (3) of subdi vision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter.
(b) (1) Any new logistics use de velopments that require the rezoning of land and must undergo a municipal entitlement process shall not be subject to the requirements described in paragraph (3) of subdi vision (a) of, paragraph (3) of subdi vision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if the start of the entitlement process for the logistics use be gan before an y sensiti ve receptor started its o wn entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations. (2) During a logistics use de velopment’s entitlement process for a new or expanded logistics use, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdi vision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, 97 — 12 — AB 98
18 then those distance requirements shall not apply to the logistics use development so long as the logistics use development was not already subject to those requirements prior to the ne w sensitive receptor being proposed or established.
(c) This chapter shall not apply to an y logistics projects that were subject to a commenced local entitlement process prior to September 30, 2024.
(d) The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including an y necessary rezoning actions and through the de velopment period. If no development acti vity occurs within fiv e years of entitlement approvals, the protections shall be waived.
(e) This chapter shall not apply to a logistics project that received an approval by a local agency prior to the effective date of this chapter. For purposes of this subdivision, “approval” shall have the same meaning as set forth in subdi vision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations.
65098.2. (a) Any new logistics use facility within 900 feet of a sensitive receptor shall have a buffer as follows:
(1) If the logistics use development is subject to the requirements of subdivision (a) or (d) of Section 65098.1, the buffer shall be 50 feet in width measured from the property line of all adjacent sensitive receptors that fully screen the project from the sensitive receptor.
(2) If the logistics use de velopment is subject to either subdivision (b) or subdi vision (c) of Section 65098.1, the b uffer shall be 100 feet in width measured from the property line of all adjacent sensitive receptors that fully screen the project from the sensitive receptor.
(b) Buffer areas shall include a solid decorative wall, landscaped berm and w all, or landscaped berm 10 feet or more in height, drought tolerant natural ground landscaping with proper irrigation, and solid-screen buffering trees as described in subdivision (c). (c) Trees shall be used as part of a solid-screen b uffering treatment and planted in two rows along the length of the property line adjacent to the sensitive receptor. Trees used for this purpose shall be e vergreen, drought tolerant, to the e xtent feasible, composed of species with low biogenic emissions, of a minimum 97 AB 98 — 13 —
19 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees shall not be utilized.
65098.2.5. The entry gates into the loading truck court for a new or expanded logistics use facility shall be positioned after a minimum of 50 feet of total a vailable stacking depth inside the property line. The stacking depth shall be increased by 70 feet for every 20 loading bays be yond 50 loading bays, to the e xtent feasible.
65098.2.7. (a) The purpose of this section is to ensure that logistics use developments, beginning January 1, 2026, are sited in locations that minimize adv erse impacts on residential communities and enhance transportation efficienc y. This is achieved by restricting logistics use development to roadways that are suited to handle the associated traffic and that predominantly serve commercial uses.
(b) (1) Any new logistics use de velopment shall be sited on roadways that meet the following classifications:
(A) Arterial roads.
(B) Collector roads.
(C) Major thoroughfares.
(D) Local roads that predominantly serve commercial uses. (2) For purposes of this chapter, local roads shall be considered to predominantly serve commercial uses if more than 50 percent of the properties fronting the road within 1000 feet are designed for commercial or industrial use according to the local zoning ordinance.
(c) A waiver may be granted where siting on the designated roadways pursuant to subdivision (b) is impractical due to unique geographic, economic, or infrastructure-related reasons. The waiver shall be approved by the city, county, or city and county, provided that the applicant demonstrates all of the following:
(1) There is no feasible alternati ve site that e xists within the designated roadways.
(2) A traffic analysis has been completed and submitted to the local approving authority.
(3) The site is an existing industrial zone.
(4) The proposed site will incorporate mitigations to minimize traffic and en vironmental impacts on residential areas to the greatest extent feasible.
97 — 14 — AB 98
20 65098.3. (a) Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use developments along entrances to the site and at the truck loading bays.
(b) Signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan, as described in Section 65098.4, and in the state highway system.
65098.4. Prior to the issuance of a certificate of occupancy, a facility operator shall establish and submit for appro val to the planning director or equi valent position for the city , county, or city and county a truck routing plan to and from the state highway system based on the latest truck route map of the city , county, or city and county . The truck routing plan shall describe the operational characteristics of the use of the f acility operator , including, but not limited to, hours of operation, types of items to be stored within the b uilding, and proposed truck routing to and from the f acility to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include measures, such as signage and pa vement markings, queuing analysis, and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The facility operator shall be responsible for enforcement of the truck routing plan. A revised truck routing plan shall be submitted to the planning director or equi valent position prior to a b usiness license being issued by the city, county, or city and county for any new tenant of the property . The planning director or equi valent position shall have discretion to determine if changes to the truck routing plan are necessary , including, b ut not limited to, an y additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.
65098.5. (a) A city , county , or city and county shall not approve development of a logistics use that does not meet or exceed the standards outlined in this chapter.
(b) This section shall not be construed to restrict the e xisting authority of a city, county, or city and county to den y a logistics use facility altogether.
65098.6. A city, county, or city and county shall condition approval of a logistics use on the following:
97 AB 98 — 15 —
21 (a) Two-to-one replacement of an y demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, pursuant to Section 17920.3 of the Health and Safety Code, prior to purchase by the developer. For each housing unit demolished, regardless of market value of the unit, two units of affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that are deed-restricted shall be built within the jurisdiction. Funds from an y fee imposed for the replacement of demolished housing units shall be placed in a housing-specific set-aside account and shall be used for housing within three years of collection.
(b) If residential dwellings are af fected through purchase, the developer shall be required to pro vide any displaced tenant with an amount equivalent to 12 months’ rent at the current rate. 65098.7. Nothing in this chapter shall be construed to supersede mitigation measures required by the California En vironmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
65098.8. The Legislature finds and declares that the movement and storage of freight and the impact of this acti vity on public health and communities across the state as set forth in this chapter is a matter of state wide concern and is not a municipal af fair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities.
65098.9. The provisions of this chapter shall not apply to a logistics use development if it meets both of the following:
(a) The logistics use development is a mixed-use development that may create sensitive receptors on the site of the new logistics use development.
(b) There are no existing sensitive receptors within 900 feet of the loading bay.
SEC. 2. Section 65302.02 is added to the Government Code, to read:
65302.02. By January 1, 2028, e xcept as pro vided for in subdivision (h), a county or city shall update its circulation element, as required by subdi vision (b) of Section 65302, to do all of the following:
97 — 16 — AB 98
22 (a) Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors, as defined by Section 65098. (b) Maximize the use of interstate or state divided highways as preferred routes for truck routes. The county or city shall also maximize use of arterial roads, major thoroughf ares, and predominantly commercially oriented local streets when state or interstate highw ays are not utilized. Truck routes shall comply with the following:
(1) Major or minor collector streets and roads that predominantly serve commercially oriented uses shall be used for truck routes only when strictly necessary to reach existing industrial zones. (2) Trucks shall be routed via transportation arteries that minimize exposure to sensitive receptors.
(3) On and after January 1, 2028, all proposed development of a logistics use development, as defined in subdivision (d) of Section 65098, shall be accessible via arterial roads, major thoroughfares, or roads that predominantly serve commercially oriented uses. (A) The purpose of this section is to ensure that logistics use developments are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency.
This is achie ved by restricting logistics use de velopments to roadways that are suited to handle the associated traffic and that predominantly serve commercial uses.
(B) For purposes of this section, local roads shall be considered to predominantly serve commercial uses if more than 50 percent of the properties fronting the road within 1000 feet are designated for commercial or industrial use according to the local zoning ordinance.
(c) The county or city may consult with the Department of Transportation and the California Freight Advisory Committee for technical assistance.
(d) The county or city shall provide for posting of conspicuous signage to identify truck routes and additional signage for truck parking and appropriate idling facility locations.
(e) The county or city shall make truck routes publicly available in geographic information system (GIS) format and share GIS maps of the truck routes with warehouse operators, fleet operators, and truck drivers.
97 AB 98 — 17 —
23 (f) The city or county shall pro vide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, educational, and other community groups through public hearings and any other means the planning agenc y deems appropriate, consistent with Section 65351.
(g) The city or county shall mak e a diligent ef fort to achie ve public participation of all economic se gments of the community in the development of the changes required pursuant to this section. (h) The warehouse concentration region, as defined in Section 65098, shall implement the provisions of this section by January 1, 2026.
(i) The Attorney General may enforce this section.
(1) The Attorney General may impose a fine ag ainst a
jurisdiction that is in violation of this section of up to fifty thousand dollars ($50,000) e very six months if the required updates ha ve not been made.
(2) Upon appropriation by the Legislature, any fines collected shall be distrib uted by the Attorney General and returned to the local air quality management district in which the fine was imposed and be used for the district’s efforts to improve air quality.
SEC. 3. Section 40458.5 is added to the Health and Safety Code, to read:
40458.5. (a) Subject to an appropriation for this e xpress purpose, the south coast district shall, be ginning on January 1, 2026, and until January 1, 2032, deplo y mobile air monitoring systems within the Counties of Ri verside and San Bernardino to collect air pollution measurements in communities that are near operational logistics use developments.
(b) The south coast district shall use the data collected pursuant to subdivision (a) to conduct an air modeling analysis to evaluate the impact of air pollution on sensiti ve receptors, as defined in Section 65098 of the Go vernment Code, from logistics use development operations in the Counties of Ri verside and San Bernardino, including relati ve pollution concentrations from logistics use de velopments at v arying distances from sensiti ve receptors.
(c) The south coast district shall submit its findings to the Legislature on or before January 1, 2033. On or before January 1, 2028, the south coast district shall submit an interim report to 97 — 18 — AB 98
24 evaluate the impact of air pollution on sensiti ve receptors, as defined in Section 65098 of the Government Code, from logistics use development operations in the Counties of Riverside and San Bernardino, including relati ve pollution concentrations from logistics use de velopments at v arying distances from sensiti ve receptors. This report shall be used to assess the ef fectiveness of setbacks on public health.
(d) (1) The requirement for submitting a report imposed pursuant to subdi vision (c) is inoperati ve on January 1, 2040, pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdi vision (c) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 4. Section 40522.7 is added to the Health and Safety Code, to read:
40522.7. The south coast district shall establish a process for receiving community input on ho w an y penalties assessed and collected for violations of the Warehouse Indirect Source Rule are spent. The south coast district shall ensure a wide range of community groups are included in the process and that groups represent the geographic areas where there are high numbers of warehouse facilities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to le vy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
97 AB 98 — 19 —
25 Approved , 2024
Governor
26 CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
Agenda Ready 2024-0791.pdf
701 East Carson Street
CITY OF CARSON
701 E. Carson St.
File #: 2024-0791, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:
CONSIDER APPROVAL OF AMENDMENT NO. 5 FOR THE GOFORTH & MARTI
CONTRACT (CITY COUNCIL)
I. SUMMARY
The City Clerk’sOffice is in need of a new counter to provide added security and eliminate the ability for the public to have easy access over the counter. Additionally, a more secure door will be installed to minimize the public gaining access to the staff. The new counter is taller in height and does not have any low points, which the current counter does.
II. RECOMMENDATION
1. APPROVE Amendment No. 5 to the contract between the City and Goforth & Marti originally entered upon by the two parties on October 4, 2022.
2. AUTHORIZE the Mayor to execute Amendment No. 5 to the contract following approval as to the form by the City Attorney.
III. ALTERNATIVES
N/A
IV. BACKGROUND
The purpose for this installation is one hundred percent due to safety concerns and a need to improve security in the City Clerk’sOffice. Previous incidents have left the City Clerk and the staff in vulnerable positions where safety and security were compromised leaving many concerns and a need to correct and address the matter.
City Council is being asked to approve Amendment No. 5 in spite of the small amount of $12,799.24 because under the Purchasing Ordinance, all contract amendments for additional monies where the original contract was approved by Council must either be approved by Council or the Contract Officer, provided the contract authorizes the Contract CITY OF CARSON Printed on 9/11/2024Page 1 of 2
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1 File #: 2024-0791, Version: 1
approved by Council or the Contract Officer, provided the contract authorizes the Contract Officer to approve amendments; this particular contract does not provide any such Contract Officer authorization.
V. FISCAL IMPACT
The amount of the new counter is $12,799.24. This full amount will be absorbed by the City Clerk’sOffice’scurrent budget for fiscal year 2024/2025. No additional funds from outside the department’s budget will be needed.
VI. EXHIBITS
1. Amendment No. 5 of the Goforth & Martin contract
Prepared by: Dr. Khaleah Bradshaw, City Clerk
CITY OF CARSON Printed on 9/11/2024Page 2 of 2
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2
AMENDMENT NO. 5
TO PURCHASE AGREEMENT
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A. Section 1 (Purchase and Sale of Goods) of the Agreement is here by amended to read in its entirety as follows:
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C. Section 3 (Purchase Price) of the Agreement is hereby amended to read in its entirety as follows:
³3. Purchase Price. 7KHWRWDO3XUFKDVH3ULFHZKLFK&LW\DJUHHVWRSD\WR6HOOHU IRUSXUFKDVHDQGVDOHRIWKH*RRGVDQGWKHLUGHOLYHU\DQGDQFLOODU\6HUYLFHVLVQRWWRH[FHHG7ZR 0LOOLRQ (LJKW +XQGUHG Fifty Four )RUW\ 2QH 7KRXVDQG Four 6L[ +XQGUHG 6HYHQW\Five6 L [ 'ROODUVDQGForty Two(LJKWHHQ&HQWV($2,854,475.42)DVSURYLGHGLQIXUWKHUGHWDLO LQ([KLELW$([KLELW$([KLELW$([KLELW$([KLELW$ ([KLELW$,DQG([KLELW$, and Exhibit A-7´
D. Section 25 (Exhibit A) of the Agreement is hereby amended to read in its entirety as follows:
³25. Exhibit A. 7KH3DUWLHVDFNQRZOHGJHDQGXQGHUVWDQGWKDW([KLELW$([KLELW $([KLELW$([KLELW$([KLELW$([KLELW$DQG([ KLELW$ and Exhibit A-7 DUH VWULFWO\LQWHQGHGWRVHWIRUWKWKHSDUWLFXODUVWKDWZLOOFRPSUL VHWKH*RRGV6HUYLFHVDQGDVVRFLDWHG SULFLQJDQGWKDWDQ\WH[WFRQWDLQHGLQ([KLELW$ ,([KLELW$([KLELW$([KLELW$([KLELW $([KLELW$DQG([KLELW$and Exhibit A-7 WKDWPD\RWKHUZLVHEHFRQVWUXHGWREHRIOHJDO VLJQLILFDQFH
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2. Continuing Effect of Agreement. ([FHSWDVDPHQGHGE\WKLV$PHQGPHQW1R DOOSURYLVLRQVRIWKH$JUHHPHQW$PHQGPHQW1R$PHQGPHQW1R $PHQGPHQW1RDQG $PHQGPHQW1RVKDOOUHPDLQXQFKDQJHGDQGLQIXOOIRUFHDQGHIIHFW)URPDQGDIWHUWKHGDWHRI WKLV$PHQGPHQW1RZKHQHYHUWKHWHUP³$JUHHPHQW´DSSHDUVLQ WKH$JUHHPHQWLWVKDOOPHDQ WKH$JUHHPHQWDVDPHQGHGE\WKLV $PHQGPHQW1R$PHQGPHQW1R $PHQGPHQW1R $PHQGPHQW1RDQG$PHQGPHQW1R
3. Affirmation of Agreement; Warranty Re Absence of Defaults. &LW\ DQG &RQVXOWDQWHDFKUDWLI\DQGUHDIILUPHDFK DQGHYHU\RQHRIWKHU HVSHFWLYHULJKWVDQGREOLJDWLRQV DULVLQJ XQGHU WKH $JUHHPHQW $PHQGPHQW 1R $PHQGPHQW 1R $PHQGPHQW 1R DQG $PHQGPHQW1R(DFKSDUW\UHSUHVHQWVDQGZDUUDQWVWRWKHRWKHUWKDWWKHUHKDYHEHHQQRZULWWHQ RU RUDO PRGLILFDWLRQV WR WKH $JUHHPHQW RWKHU WKDQ DV SURYLGHG KHUHLQ DQG $PHQGPHQW 1R $PHQGPHQW1R$PHQGPHQW1RDQG$PHQGPHQW1R(DFKSDUW\UHSUHVHQWVDQGZDUUDQWV WRWKHRWKHUWKDWWKH$JUHHPHQWDVDPHQGHGE\$PHQGPHQW1R$PHQGPHQW1R$PHQGPHQW
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9
EXHIBIT A
DESCRIPTION OF GOODS, SERVICES AND PRICING
SEE ATTACHED QUOTATION 206811 FOR $883,209.27
(CITY HALL)
10
EXHIBIT A-1
DESCRIPTION OF GOODS, SERVICES AND PRICING
SEE ATTACHED QUOTATION 216401 FOR $18,401.19
(CITY HALL)
11
EXHIBIT A-2
DESCRIPTION OF GOODS, SERVICES AND PRICING
SEE ATTACHED QUOTATION 218664 FOR $47,733.33
(CITY HALL)
12
EXHIBIT A-3
DESCRIPTION OF GOODS, SERVICES AND PRICING
SEE ATTACHED QUOTATION 216328 FOR $76,915.23
(VETERAN’S SPORTS COMPLEX)
13
EXHIBIT A-4
DESCRIPTION OF GOODS, SERVICES AND PRICING
SEE ATTACHED QUOTATION 213153 FOR $420,413.36 AND FABRIC FINISHES (COMMUNITY CENTER)
14
EXHIBIT A-5
DESCRIPTION OF GOODS, SERVICES AND PRICING
SEE ATTACHED QUOTATION 222508 FOR $310,388.64
(CITY HALL)
15
EXHIBIT A-6
DESCRIPTION OF GOODS, SERVICES AND PRICING
SEE ATTACHED QUOTATION 211023 FOR $618,134.20
SEE ATTACHED QUOTATION DATED JUNE 13, 2024 FOR $466,480.96 (CITY HALL)
16
EXHIBIT A-7
DESCRIPTION OF GOODS, SERVICES AND PRICING
SEE ATTACHED QUOTATION 229313 FOR $12,799.24
(CITY HALL)
17 CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
Agenda Ready File 2024-0734.pdf
701 East Carson Street
CITY OF CARSON
801 E. Carson St., Hall B
File #: 2024-0734, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:
CONSIDER APPROVAL OF THE GREAT PLACE TO WORK CERTIFICATION
CONTRACT AGREEMENT (CITY COUNCIL)
I. SUMMARY
Great Place to Work is a Global leader in workplace culture, helping organizations create consistent and overwhelming positive employee experience. A Great Place to Work Certification is a prestigious award given to companies and organizations with exceptional cultures. It is the only official recognition based on an assessment of employee experience and culture analysis conducted by Great Place to Work. Attracting and retaining the best talent in today’sworkforce is critical for the success of any organization. This certification can offer a range of advantages, including building a thriving company culture that promotes collaboration, creativity, and long-term prosperity.
II. RECOMMENDATION
1. APPROVE Great Place to Work certification and contract agreement.
2. AUTHORIZE the Mayor to execute the Great Place to Work agreement.
III. ALTERNATIVES
The City Council may take any action deemed appropriate.
IV. BACKGROUND
Great Place to Work offers recognition and tools to help organizations elevate their brands, capture, and understand employee experiences, build cultures that retain talent, and unlock the potential of every employee. To obtain the certification badge, organizations must complete a two-step process:
CITY OF CARSON Printed on 9/10/2024Page 1 of 3
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· Survey employees with the Trust Index Survey
· Complete a brief company questionnaire
Positive employee responses to the Trust Index Survey (four and above on the five-point scale) are averaged to provide an organization wide assessment of culture. (Exhibit 2 - sample Trust Index survey). The survey can measure where your organization is today in comparison to the best organizations in the industry. Organizations that score above the current threshold become Great Place to Work Certified.
Key benefits of Great Place to Work Certification:
· Attract and Retain Top Talent
· Increase Employee Engagement
· Boost Organization Reputation
· Improve Performance and Innovation
· Enhance Corporate Social Responsibility
· Improved Diversity, Equity, and Inclusion (DEI)
This certification will be a good opportunity to align with the benefits listed above by prioritizing the needs and interests of employees, allowing the City to offer outstanding employee experience; for example, organizations with favorable workplace cultures often have lower turnover rates, which can reduce the costs associated with recruiting and training new employees.
Even though the cost associated with the contract is only $11,990.00 which ordinarily wouldn’t require City Council approval, the City Council is being asked to approve the contract due to the insistence that City agree to indemnify vendor for claims arising out of either (a) City’suse of vendor’sCertification Badge, Regional List Badge, or National List Badge, in violation of the Certification Badge Guide or (b) City’s use of other vendor’s intellectual property which infringes or misappropriates any registered Consultant copyright, trademark, trade secret, or patent.
The contract was otherwise heavily negotiated to the point where at one time it didn’t appear the City would be able to retain vendor due to the parties’inability to agree on certain terms but ultimately, vendor made it clear that those terms were non-negotiable and the City Manager’sOffice elected to proceed in spite of the then pending situation. As a result, City has no choice but to agree to vendor’sterms if it seeks to benefit from vendor’s services.
Some examples of the negotiated terms follow: vendor has agreed to only indemnify City to the extent (i) vendor engages in gross negligence or willful misconduct while breaching its duty to keep confidential information confidential or (ii) there are allegations that the permitted uses of the subscription services infringe or misappropriate any registered CITY OF CARSON Printed on 9/10/2024Page 2 of 3
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permitted uses of the subscription services infringe or misappropriate any registered copyright or patent; vendor refuses to add City as an additional insured for the various coverages City requires of vendor, which request is extremely rare; and vendor’sliability will be limited to the amount paid or payable by City during the 12 month period leading up to any claim except in the event of gross negligence or willful misconduct.
In spite of vendor’srigid contract requirements, the risk of any harm resulting to City arising from this contract seems low, especially because the nature of survey questions appears to be fairly innocuous.
V. FISCAL IMPACT
It is anticipated that the fiscal impact will be minimal. Cost of the certification process is $11,990.00.
VI. EXHIBITS
1. Great Places to Place Work Agreement (pgs.4 - 32)
2. Trust Index Sample survey (pg. 33)
Prepared by: Lakeina Johnson-Greene, Adminstrative Analyst CITY OF CARSON Printed on 9/10/2024Page 3 of 3
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF CARSON AND
GREAT PLACE TO WORK INSTITUTE INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of September, 20 24 by and between the CITY OF CARSON, a California municip al corporation (“City” or “Customer” ) and GREAT PLACE TO WORK INSTITUTE, INC., a California corporation (“Consultant” or “GPTW”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law . All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.
1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this referenc e. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum . For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Eleven Thousand Nine Hundred Ninety Dollars ($11,990.00) (“Contract Sum”).
2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, 4 01007.0001/976398.2 -2-
materials, equipment, supplies, and sub contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice ; however, Consultant acknowledges and agrees that due to City war rant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services . City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively , must be approved by the City Council. No claim for an increase in the Contract Sum or time for perfo rmance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence . Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay 5 01007.0001/976398.2 -3-
when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Sheila Kelly, Account Executive, is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. Joshua Boudreaux, Director of Human Resources, or such person as may be designated by the City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment . Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Coverage Form ISO CGL CG 00 01 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in 6 01007.0001/976398.2 -4-
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement , with Employer’s Liability insuran ce coverage limits of at least $1,000,000.00.
(c) Automotive Insurance ( Coverage Form ISO CA 00 01 including “any auto” and endorsement CA 0025 or equivalent) . A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession, as determined by the City’s Risk Manager, provided that the limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate . This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B.”
(g) Broader Coverages and Higher Limits . Notwithstanding anything else herein to the contrary, if Consultant maintains broader coverages and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverages and/or higher limits maintained by Consultant.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All 7 01007.0001/976398.2 -5-
of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence un til the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City.
City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any indiv idual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. Notwithstanding anything else herein, design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the service s hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. 8 01007.0001/976398.2 -6-
6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City a nd to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a resu lt of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law . This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, 9 01007.0001/976398.2 -7-
State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or inj unctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.4 Termination Prior to Expiration of Term . This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer.
Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provide d therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
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7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitiga te such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination . Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color , creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class
8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Carson, 701 East Carson, Carson, California 90745 and in the case of the Consultant, to the person(s) at the address designat ed on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement whi ch are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 11 01007.0001/976398.2 -9-
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be grante d, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts.
This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Agreement.
8.10 Warranty & Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial inte rest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he i s directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understan ds that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized 12 01007.0001/976398.2 -10-
to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agr eement to which said party is bound.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CARSON, a municipal corporation
David C. Roberts, Jr, City Manager
ATTEST:
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[jho:rjl]
CONSULTANT:
GREAT PLACE TO WORK INSTITUTE, INC. , a
California corporation
By:
Name:
Title:
By:
Name:
Title:
Address: 1999 Harrison Street, Suite 2070
Oakland, CA 94612
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RU LES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY . 14 01007.0001/976398.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 15 01007.0001/976398.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 16 01007.0001/976398.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
Consultant shall provide City with subscription services to allow City to access, use and leverage Emprising™, the Consultant’s people analytics platform, to review survey results modules including interactive dashboards, comparison filters, heat maps, applicable benchmarks, comments and .CSV or .DOC exports, where applicable. Subscription includes one (1) Certification ™ and Best Workplaces ™ List-eligible Trust Index© Survey* as well as the ability to add custom statements and demographics; and one (1) 30- minute virtual results call with a Customer Success Manager.
*City must invite all employees to survey.
II. As part of the Services, Consultant will provide City with access to the following:
Survey results modules including interactive dashboards, comparison filters, heat maps, applicable benchmarks, comments and .CSV or .DOC exports, where applicable.
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:
As directed by City’s Contract Officer.
IV. All Consultant orders are final, non -cancellable and not refundable. If, during the Initial Subscription Term or applicable Renewal Subscription Term, Customer meets the Certification Eligibility Requirements described in https://www.greatplacetowork.com/certification-best-workplaces- lists-terms, Customer will be designated as Great Place To Work® Certified ™. Customer’s designation as Great Place to Work Certified will continue only for twelve months from the date Customer receives the designation (“Certification Period”). The Certification Period shall be twelve months only, irrespective of whether the order’s Initial Subscription Term or Renewal Subscription Term is then in effect or has expired. Customer acknowledges and agrees that Customer’s designation as Great Place To Work Certified does not automatically renew after the expiration of the Certification Period. Customer must meet the then current Certification Eligibility Requirements during an active Initial Subscrip tion Term or applicable Renewal Subscription Term to be designated as Great Place To Work Certified for any additional Certification Period. Customer may only survey their employees for purposes of achieving Certification during an active Initial Subscription Term or applicable Renewal Subscription Term. As the majority of customers complete the Certification process within ninety (90) days of the start of an Initial Subscription 17 01007.0001/976398.2
Term or applicable Renewal Subscription Term, the Subscription Term and Certification Period will not be the same.
V. Consultant will utilize the following personnel to accomplish the Services:
Consultant shall use professional and qualified personnel to accomplish the Services.
18 C-1
01007.0001/976398.2
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(new text shown in bold italics, deleted text in strikethrough)
I. Article 1. (SERVICES OF CONSULTANT) is hereby amended to read in its entirety to SERVICES OF CONSULTANT AND ACKNOWLEDGMENTS.
II. Section 1.2 (Compliance with Law) of the Agreement is hereby amended to read in its entirety as follows:
“1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, and regulations of the City and any applicable Federal, State or local governmental agency of competent jurisdiction.” III. Section 1.3 (Licenses, Permits, Fees and Assessments) of the Agreement is hereby amended to read in its entirety as follows:
“1.3 Licenses, Permits, Fees and Assessments . Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by applicable law for the performance of the services required by the Agreement.” IV. A new Section 1.5 (Reservation of Rights) is hereby added to the Agreement to read in its entirety as follows:
“1.5 Reservation of Rights. The Services set forth in this Agreement are provided with a limited right to use and are not sold, and Consultant reserves and retains all rights not expressly granted in this Agreement. Consultant has and shall maintain sole and exclusive ownership of a ll rights, title, and interest in the Services, and all modifications and enhancements thereof (including ownership of all trade secrets, copyrights, trademarks, brands, and other intellectual property rights pertaining thereto). There will be no “work for hire” or any deliverables owned by City created as part of the Services and all works, customizations, and developments created as part of the Services shall be considered a part of the Services. “Services” means the (a) Subscription Services; (b) Support Services; (c) Professional Services; and (d) other services or offerings as set forth in an order. “Subscription Services” means those Consultant software -as-a-service (“SaaS”) applications set forth in Exhibit A and made available t o City via a hosted multi -tenant environment to use on a subscription basis. “Support Services” means support and maintenance services provided by Consultant for the Subscription Services, as described in this Agreement. “Professional Services” means the deployment, launch, configuration, implementation, integration, delivery, consulting, managed, and other similar services provided hereunder.” V. A new Section 1.6 (Use Restrictions) is hereby added to the Agreement to read in its entirety as follows:
“1.6 Use Restrictions. Except as expressly provided in this Agreement, no other use of the Services provided by Consultant is permitted. City may not, and may not cause or permit 19 01007.0001/976398.2
others to: (a) reverse engineer, disassemble, adapt, translate, or decompile the Subscription Services, including, without limitation, any third party components, or otherwise attempt to derive source code, trade secrets, or knowhow from the Subscription Services; (b) license, sell, transfer, assign, distribute, or outsource use of the Subscription Services, or provide service bureau, data processing, or time sharing access to the Subscription Services; (c) create Internet "links" to the Subscription Servic es or "frame" or "mirror" the Subscription Services on any other server, or wireless or Internet -based device; (d) access or use the Subscription Services to build or support, directly or indirectly, products or services competitive to Consultant; (e) interfere with or disrupt the integrity or performance of any Subscription Services or any data contained therein; (f) attempt to gain unauthorized access to any Subscription Services or its related data, systems, or networks; or (g) remove or alter any proprietary notices or marks on the Services.”
VI. A new Section 1.7 (GPTW Badges) is hereby added to the Agreement to read in its entirety as follows:
“1.7 GPTW Badges. GPTW grants to City a non-exclusive, revocable, limited license to use and display:
(a) The Certification Badge during the Certification Period for the sole purpose of promoting City’s designation as a Great Place to Work during the Certification Period. City will remain in full compliance with the Certification Badge Guidelines located at https://www.greatplacetowork.com/certification-brand-guide (“Certification Badge Guidelines”) when displaying the Certification Badge.
(b) The Regional List Badge during the Regional List Inclusion Period for the sole purpose of promoting City’s designation as a company that has achieved one of the top Trust Index scores within a global region, as defined by GPTW. C ity will remain in full compliance with the International Regional List Badge Guidelines located at https://www.greatplacetowork.com/regional-list-badge-guide (“Regional List Guide”) when displaying the Regional List Badge.
(c) The National List Badge during the National List Inclusion Period for the sole purpose of promoting C ity’s designation as a company that has achieved one of the top Trust Index scores within a designated country. City will remain in full compliance with the National List Badge Guidelines located at https://www.greatplacetowork.com/national- list-badge-guide (“National List Guide”) when displaying the National List Badge.
VII. Section 2.2 (Invoices) of the Agreement is hereby amended to read in its entirety as follows:
“2.2 Invoices. Each month Consultant shall furnish to City an original invoice for the Services set forth in Exhibit A all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. 20 01007.0001/976398.2
The invoice shall detail charges for all necessary and actual expenses by the following categories, as applicable: labor (by sub -category), travel, material s, equipment, supplies, and sub contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City war rant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.” VIII. Section 3.4 (Term) of the Agreement is hereby amended to read in its entirety as follows:
“3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two one (21) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).”
IX. Section 4.1 (Representative of Consultant) of the Agreement is hereby amended to read in its entirety as follows:
“4.1 Representative of Consultant . Sheila Kelly, Account Executive, is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, and shall keep City reasonably informed of any changes that impact Consultant’s performance of the Services unde r this Agreement.”
X. Section 4 .3 (Prohibition Against Subcontractor or Assignment) of the Agreement is hereby amended to read in its entirety as follows:
“4.3 Prohibition Against Subcontracting or Assignment . Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntar ily or by operation of law, without the prior written approval of City; provided, however, that Consultant may with written notice provided to City assign this Agreement in its entirety (including all or ders or statements of work) as part of a merger, 21 01007.0001/976398.2
acquisition, transfer, or sale of all or substantially all of its assets, stock or business, including to an Affiliate, so long as the assignee agrees to be bound by all of the terms and conditions of this Agreement, any orders and statements of work. Any such prohibited assignment or transfer shall be void. “Affiliate” means, as to Consultant, those entities that are directly or indirectly controlled by, control, or are under common control with Great Place to Work Institute, Inc., including, but not limit ed to, those entities who have entered into license agreements with Consultant to be able to sell and provide the Subscription Services; as to City, those City entities that directly or indirectly control, are controlled by, or are under common control with City. “Control” (in this context) means the possession, directly or indirectly, of the power to direct or cause the direction of the ma nagement and operating policies of the entity in respect of which the determination is being made through the ownership of the majority of its voting or equity securities, contract, or otherwise.”
XI. Section 5.1 (Insurance Coverages) of the Agreement is hereby amended to read in its entirety as follows:
“5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Coverage Form ISO CGL CG 00 01 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any inj uries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement, with Employer’s Liability insuran ce coverage limits of at least $1,000,000.00.
(c) Automotive Insurance (Coverage Form ISO CA 00 01 including “any auto” and endorsement CA 0025 or equivalent) . A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession, as determined by the City’s Risk Manager, provided that the limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate . This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this 22 01007.0001/976398.2
Agreement. The insurance must will be maintained for the duration of the Agreement and similar coverage will be maintained for at least three (3) 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon written request of the City submit written evidence of this continuous coverage.
(e) Cyber Liability. Technology professional liability errors & omissions insurance appropriate to Consultant’s profession and the Services and Products hereunder with limits not less than $1,000,000 per claim/loss, and $1,000,000 in the aggregate.
Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant pursuant to this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information or data breach, theft, loss, damage or misuse, release of private information, extortion and network security. If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the contract. The insurance shall include the following coverage:
i. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. ii. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
iii. Liability arising from the failure of Consultant’s proprietary technology products (software) required under the contract for Consultant to properly perform the services intended.
iv. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep -linking or framing, and infringement or violation of intellectual property rights. v. Liability arising from the failure to render professional services as defined by industry standards appropriate to the technology being used. (f) Subcontractors. Consultant shall include all applicable subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(g) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B.””
(h) Broader Coverages and Higher Limits . Notwithstanding anything else herein to the contrary, if Consultant maintains broader coverages and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverages and/or higher limits maintained by Consultant.”
23 01007.0001/976398.2
XII. Section 5.2 (General Insurance Requirements) of the Agreement is hereby amended to read in its entirety as follows:
“5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insu rance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City.
City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.”
XIII. Section 5 .3 (Indemnification) of the Agreement is hereby amended to read in its entirety as follows:
“5.3 Indemnification. Consultant represents and warrants that it owns or is otherwise authorized to grant City the right to use, all intellectual property rights associated with Consultant’s provision of the Subscription Services. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, and its directors, officers and employees, who are acting on behalf of City and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all third party notices, charges, claims, actions, causes of action and suits, or proceedings actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “Claim(s) or liabilities”) to the extent (i) Consultant or any of its directors, officers or employees engages in gross negligence or willful misconduct while violating Section 6.3(d) or (ii) alleging that the permitted uses of the Subscription Services, infringe or misappropriate any registered copyright or patent. Consultant will indemnify and hold harmless the Indemnified Parties against any liabilities, obligations, costs, or expenses (including, without limitation, reasonable attorneys’ fees) actually awarded to a third party by a court 24 01007.0001/976398.2
of applicable jurisdiction as a result of such Claim, or as a result of Consultant’s settlement of such a Claim.that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions.
Notwithstanding anything else herein, design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. City will defend, hold harmless, and indemnify Consultant and Consultant’s respective directors, officers, and employees, who are acting on behalf of Consultant, from and against any and all liabilities, obligations, costs, or expenses (including, without limitation, reasonable attorneys’ fees) arising out of either (a) City’s use of Consultant’s Certification Badge, Regional List Badge, or National List Badge, in violation of the Certification Badge Guide or (b) City’s use of other Consultant intellectual property which infri nges or misappropriates any registered Consultant copyright, trademark, trade secret, or patent. The indemnity obligations shall be binding on successors and assigns of the Parties Consultant and shall survive termination of this Agreement.
In the event of any Claims for infringement or misappropriation of any registered copyright or patent (“IP Claims), or in Consultant’s opinion is likely to occur, Consultant shall at its option and expense and with prior notice to City: (a) replace or modify the Subscription Services to be non-infringing; or (b) obtain for City the right to use the Subscription Services as set out in this Agreement at no cost to City. Consultant’s options set forth in this paragraph, whether or not exercised, shall in no way eliminate, reduce, curtail or abridge Consultant’s obligations to indemnify and defend City in the event of any IP Claims.
Consultant shall have no liability to indemnify or defend City hereunder to the extent the alleged infringement or misappropriation of the Subscription Services is based on (a) a modification undertaken by the City or on behalf of the City; (b) use other t han as authorized by this Agreement; or (c) the combination, operation or use of the Subscription Services with any equipment, service, software, hardware or other materials not furnished or approved in writing by Consultant, where the Subscription Service s would not otherwise infringe, misappropriate or become the subject of the IP Claim.
City will provide written notice to Consultant promptly after receiving notice of a n IP Claim. If defense of such IP Claim is materially prejudiced by a delay in providing notice, Consultant will be relieved from providing such indemnity to the extent of the delay’s impact on the defense. Consultant have sole control of the defense of any indemnified IP Claim and all negotiations for its settlement or compromise, provided that Consultant will not enter into any settlement which imposes any obligations on City without the prior written consent of City. City will cooperate fully (at Consultant’s request and expense) with Consultant in the defense, settlement, and compromise of any such action. City may retain its own counsel at its own expense, subject to Cons ultant’s rights above. This “Indemnification” section states Consultant’s sole liability and City’s exclusive remedy for all third party claims and damages.” 25 01007.0001/976398.2
XIV. A new Section 5.4 (Limitation of Liability) is hereby added to the Agreement to read in its entirety as follows:
“5.4 Limitation of Liability.
(a) DURING ANY TWELVE (12) MONTH CONTRACT TERM (BEGINNING ON THE EFFECTIVE DATE OF THE APPLICABLE ORDER), A PARTY’S TOTAL
AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH ANY
SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT PAID OR PAYABLE BY CITY TO CONSULTANT DURING SUCH TWELVE (12) MONTH CONTRACT TERM FOR THE SERVICE GIVING RISE TO SUCH CLAIM(S).
(b) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES; FOR THE COST OF ACQUIRING SUBSTITUTE OR REPLACEMENT SERVICES; OR FOR ANY LOST OR
IMPUTED PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOST GOODWILL, OR
LOST DATA RESULTING FROM OR RELATED TO THE SERVICES OR THIS AGREEMENT, HOWEVER CAUSED; OR ANY DAMAGES TO THE EXTENT CAUSED BY CITY’S DATA OR APPLICATIONS, OR UNAUTHORIZED THIRD PARTY ACCESS OR INTRODUCTION OF MALICIOUS CODE.
(c) THE LIMITATIONS OF LIABILITY CONTAINED IN SECTIONS 5.4(a ) AND 5.4(b) SHALL NOT APPLY TO LIABILITIES ARISING FROM (A) A PARTY ’S INDEMNITY OBLIGATIONS; (B) CITY ’S PAYMENT OBLIGATIONS; OR (C) A PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.
(d) THESE LIMITATIONS APPLY FOR ANY REASON, REGARDLESS OF ANY LEGAL
THEORY AND FOR WHATEVER REASON LIABILITY IS ASSERTED, EVEN IF A PARTY
HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. NOTWITHSTANDING ANYT HING TO
THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS SECTION OR ELSEWHERE
IN THIS AGREEMENT SHALL OPERATE TO EXCLUDE OR LIMIT THE LIABILITY OF
ANY PARTY TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE SO LIMITED OR EXCLUDED UNDER APPLICABLE LAW. INSOF AR AS APPLICABLE LAW
PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT
SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.
THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN
ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.”
XV. Section 6.1 (Records) of the Agreement is hereby amended to read in its entirety as follows:
26 01007.0001/976398.2
“6.1 Records. Consultant shall keep, and require its applicable subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessa ry to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completi on of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.”
XVI. Section 6.2 (Reports) of the Agreement is hereby removed and deleted from this Agreement.
XVII. Section 6.3 (Confidentiality and Release of Information) of the Agreement is hereby renamed “Confidentiality, Release of Information, and Data Privacy” and amended to read in its entirety as follows:
“6.3 Confidentiality and Release of Information.
(a) “Confidential Information” is any non-public All information gained or work product produced by Consultant in performance of relating to a Party that is disclosed pursuant to this Agreement, and which reasonably should be understood by the recipient of such information to be confidential because of (a) legends or other markings; (b) the circumstances of the disclosure; or (c) the nature of the information itself shall be considered confidential, unless such information is in the public domain or already known to Consultant.
Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer .
Information will not be considered Confidential Information if the information was (a) in the public domain without any breach of this Agreement; (b) disclosed to the receiving Party on a non-confidential basis from a source lawfully in possession of such Confidential Information and, to the knowledge of the receiving Party, is not prohibited from disclosing such Confidential Information to receiving Party; (c) released in writing from confidential treatment by disclosing Party; or (d) is independently developed by the receiving Party without use of or reference to the Confidential Information.
(b) Except as expressly permitted in this section, neither Party shall release or disclose the other Party’s Confidential Information to any third party. Furthermore, City expressly acknowledges and agrees that Consultant is not required to, and will not, disclose the Raw Data, to Customer. “Raw Data” means the responses received by Consultant from City’s employees in connection with Trust Index Survey(s) and/or one-to-one interviews administered by Consultant to support the Subscription Services.
(cb) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information 27 01007.0001/976398.2
concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided and to the extent permitted by applicable law, Consultant gives the City notice of such court order or subpoena. (dc) If Consultant provides any information or work product in violation of this Agreement as a result of gross negligence or willful misconduct , then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct, as set forth in Section
5.3. (ed) Confidential Information may be shared with and disclosed to any Affiliate, subcontractor, or other third party who has a need to know to enable the receiving Party to exercise its rights or perform its obligations in connection with this Agreement and have non-disclosure obligations at least as stringent as the confidentiality provisions of this Agreement that apply to the Confidential Information. Except where prohibited by applicable law, the receiving Party Consultant shall promptly notify the disclosing Party City should Consultant the receiving Party be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City The disclosing Party retains the right, but has no obligation, to represent the receiving Party Consultant or be present at any deposition, hearing or similar proceeding.
Consultant The receiving Party agrees to reasonably cooperate fully with the disclosing party City and to the extent permitted by applicable law, provide the City disclosing party with the opportunity to review any response to discovery requests provided by the receiving Party Consultant.”
XVIII. Section 6.4 (Ownership of Documents) of the Agreement is hereby amended to read in its entirety as follows:
“6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. City shall retain ownership of the entire right, title, and interest in and to City Data and Raw Data. City grants Consultant a non -exclusive, worldwide license for the term of this Agreement, to use, sample, collect, and compile the City Data for the purposes of providing, maintaining, improving, or operating the Services, and for benchmarking purposes. “City Data” means all content, information, and data City inputs into the Subscription Services or collected by Consultant while providing Professional Services, including but not limited to Personal Data. “Personal Data” means “personal data” as defined under the GDPR; “personal information” as defined under the CCPA; and as similar terms, such as “personally identifiable information,” are defined under other applicable data protection laws. 28 01007.0001/976398.2
City grants to Consultant a non -exclusive, perpetual, irrevocable, worldwide license to use, sample, collect, and compile Raw Data in aggregated, de -identified form, that does not identify City Confidential Information, and that is stripped of all persistent identifiers (e.g., device identifiers, IP addresses, and cookie IDs), in a manner that does not allow the Raw Data on its own to be identified as originating from any individual survey taker, for the purposes of providing or maintenance of, improvement to, and operation of the Services, for new or different products or services, and for benchmarking purposes.
Each Party agrees to comply with Applicable Laws in its processing of Personal Data.
Consultant and its sub-processors will process Personal Data in accordance with GPTW’s Data Processing Addendum, which is incorporated herein by reference. All City Data will be secured and protected as set forth in Schedule 2 (Technical and Organizational Measures) of GPTW’s Data Processing Addendum. “Applicable Law(s)” means any applicable provisions of all laws , codes, legislative acts, regulations, ordinances, administrative rules, rules of court, and court orders which govern a Party’s respective business.”
XIX. Section 7.2 (Disputes; Default) of the Agreement is hereby amended to read in its entirety as follows:
“7.2 Disputes; Default. In the event that Consultant either Party is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the non-defaulting Party City may give notice to the defaulting Party Consultant of the default and the reasons for the default. The notice shall include the timeframe in which the defaulting Party Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If the defaulting Party Consultant does not cure the default, the non- the defaulting Party City may take necessary steps to terminate this Agreement under this Article.
XX. Section 7.3 (Legal Action) of the Agreement is hereby amended to read in its entirety as follows:
“7.3 Legal Action. In addition to any other rights or remedies, either Pparty may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consist ent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either Pparty of one or more of such rights or remedies shall not preclude the exercise by it, at the same or 29 01007.0001/976398.2
different times, of any other rights or remedies for the same default or any other default by the other Pparty.”
XXI. Section 7.4 (Termination Prior to Expiration of Term) of the Agreement is hereby removed and deleted from this Agreement.
XXII. Section 7.5 (Termination for Default of Consultant) of the Agreement is hereby renamed to “Termination for Default,” and amended to read in its entirety as follows:
“7.5 Termination for Default of Consultant. If termination is due to Either Party may terminate this Agreement if the other Party the failsure of the Consultant to fulfill its material obligations under this Agreement, and such Party is not able to cure the non -performance in accordance City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for comple tion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.” XXIII. Section 8.3 (Notice) of the Agreement is hereby amended to read in its entirety as follows:
“8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either Pparty desires or is required to give to the other Pparty or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Carson, 70 1 East Carson, Carson, California 90745 and in the case of the Consultant, to the person (s) at the address designated on the execution page of this Agreement.
Either Pparty may change its address by notifying the other Pparty of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.” XXIV. A new Section 8.12 (Publicity) is hereby added to the Agreement to read in its entirety as follows:
“8.12 Publicity. Consultant may refer to the City as Consultant’s customer and use City’s name and C ity’s logo, on public platforms that include, but are not limited, to lists of Consultants’s customers, and on Consultant’s website. Where required under Applicable Law, the Parties will agree to the specific use of the name and logo in writing.”
30 01007.0001/976398.2
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated in accordance with the following, which will include any and all expenses:
All Services at $5,995.00 per year.
II. The City will compensate Consultant for the Services set forth in Exhibit A upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:
Line items for all charges.
III. The total compensation for the Services shall not exceed $11,990.00, as provided in Section 2.1 of this Agreement.
31 D-1
01007.0001/976398.2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all S ervices timely in accordance with the following schedule:
Tasks will be continuous, ongoing and as directed by the Contract Officer.
II. The Contract Officer may approve extensi ons for performance of the S ervices in accordance with Section 3.2.
32 Great Place to Work® Trust Index©
Overview
Great Place to Work has researched and studied great workplaces for over 20 years. We have collected and analyzed billions of discrete data points from over 100 million employees surveyed. With locations across 57 countries, we have deep information and analytics on workplace experiences and practices for companies of all sizes, across all industries, and including employee demographics. At the core of its research, Great Place to Work lever ages the Trust Index© survey, a proprietary tool developed to measure levels of critical aspects of employees’ experiences impacting business performance.
Survey Statements
Employees are instructed to respond to each of the following statements using the following scale:
1 = Almost always untrue
2 = Often untrue
3 = Sometimes untrue/sometimes true
4 = Often true
5 = Almost always true
1 I am given the resources and equipment to do my job.
2 This is a physically safe place to work.
3 Everyone has an opportunity to get special recognition. 4 People here are willing to give extra to get the job done. 5 You can count on people to cooperate.
6 Management makes its expectations clear.
7 I can ask management any reasonable question and get a straight answer. 8 I am offered training or development to further myself professionally. 9 Management shows appreciation for good work and extra effort. 10 People here are paid fairly for the work they do.
Copyright © 2018 Great Place to Work® Institute. All rights reserved. This survey instrument may not be reproduced, distribut ed, transmitted, adapted, translated or otherwise used in whole or in part without the prior written approval of Great Place to Wor k Institute. No license or consent is granted. 33 CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
Agenda ID# 2024-0344.pdf
701 East Carson Street
CITY OF CARSON
801 E. Carson St., Hall B
File #: 2024-0344, Version: 1
Report to
Tuesday, September 17, 2024
Consent
SUBJECT:
CONSIDER AWARDING A THREE-YEAR CONTRACT SERVICE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. TO PROVIDE PROFESSIONAL CROSSING
GUARD SERVICES FOR THE CITY OF CARSON (CITY COUNCIL)
I. SUMMARY
For the past four years, the City has maintained a contract service agreement for professional Crossing Guard services with All City Management Services, LLC (ACMS), which has had a strong relationship with the City. On August 4, 2020, the City Council approved a three-year contract with ACMS covering July 1, 2020, through June 30, 2023, with the option for extension if deemed necessary by the Contract Officer. On August 1, 2023, the Council approved a one-time extension of the contract. As the June 30, 2024, expiration date approached, ACMS was informed of the contract’send and the City’splan to issue a Request for Proposals. To ensure uninterrupted coverage for the 2024/2025 school year, the City agreed to a sixty-day extension, extending the contract to September 30, 2024.
On August 8, 2024, a Request for Proposals (RFP) was issued through Planet Bids, inviting qualified firms to submit proposals to provide professional crossing guard services for the City of Carson. The City received five proposals, and after a thorough review and evaluation, staff recommends awarding a three-year contract to All City Management Services, Inc. (ACMS), expiring on June 30, 2027. The contract's total amount is not to exceed $1,617,581.00. Additionally, the City will have the option to extend the contract for two one-year periods, potentially extending the agreement until June 30, 2029, at the City's sole discretion (Exhibit No. 1).
II. RECOMMENDATION
TAKE the following actions:
1. APPROVE the proposed three-year Contract Service Agreement with All City Management Services, Inc., including two optional one-year extensions, for the provision of professional crossing guard services for the City of Carson, with a total contract amount not to exceed $1,617,581.00, for the term expiring on June 30, 2027 CITY OF CARSON Printed on 9/9/2024Page 1 of 3
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contract amount not to exceed $1,617,581.00, for the term expiring on June 30, 2027 (Exhibit No. 1) ("Agreement").
2. AUTHORIZE the Mayor to execute the Agreement, following approval as to form by the City Attorney.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate, subject to compliance with applicable law.
IV. BACKGROUND
The City of Carson’sPedestrian Safety Program provides Crossing Guard services for the Carson Community of Schools at twenty-five (25) locations (Exhibit No. 2). Twenty-two (22) of these sites are staffed by contracted Crossing Guards; the remaining three (3) sites are staffed by Part-Time City employees. In the event a Part-Time City employee is absent, the Contractor may be called upon to provide relief coverage for as long as needed.
For the past four years, the City has maintained a contract service agreement for professional Crossing Guard services with All City Management Services, LLC (ACMS), which has had a strong relationship with the City. On August 4, 2020, the City Council approved a three-year contract with ACMS covering July 1, 2020, through June 30, 2023, with the option for extension if deemed necessary by the Contract Officer. On August 1, 2023, the Council approved a one-time extension of the contract. As the June 30, 2024, expiration date approached, ACMS was informed of the contract’send and the City’splan to issue a Request for Proposals. To ensure uninterrupted coverage for the 2024/2025 school year, the City agreed to a sixty-day extension, extending the contract to September 30, 2024.
On August 8, 2024, the Purchasing Division published RFP 24-016 via Planet Bids for Contracted Crossing Guard Services at twenty-five (25) permanent locations and relief Crossing Guard coverage on an as-needed basis. The RFP 24-016 for Contracted Crossing Guard Services closed at 9:00 am on September 3, 2024. The City received five (5) proposals, of which only three (3) were complete proposals, one (1) didn’tprovide a cost proposal, and one (1) was not relevant to the crossing guard services requested in the RFP.
The proposals were reviewed by the division’sEmergency Management Specialist, Public Safety Supervisor and the Emergency Services Manager. Each proposal was ranked based on the following criteria: (1) understanding of the scope of work, (2) demonstrating professional skills and credentials related to the scope of work (3) evaluation of work methodology, and (4) completion of bid proposal submittal and cost.
After a thorough evaluation, Staff has determined that ACMS is the most qualified bidder under Carson’sMunicipal Code and, for the past four (4) years, has had an outstanding relationship with the City. Accordingly, staff recommends that ACMS be awarded the proposed contract at a not-to-exceed contract sum of $1,617,581.00, for the period commencing October 1, 2024 and expiring June 30, 2027, with two additional one-year CITY OF CARSON Printed on 9/9/2024Page 2 of 3
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commencing October 1, 2024 and expiring June 30, 2027, with two additional one-year extensions at the sole discretion of the City and should the City exercise those options, the agreement has the potential of reaching June 30, 2029. (Exhibit No. 1).
V. FISCAL IMPACT
No fiscal impact. Funds have been allocated in the Public Safety FY 24/25 budget in the amount of $514,008.00 under the account numbers 101-55-593-133-6004 and 101-55-593 -133-5004- to cover anticipated costs.
VI. EXHIBITS
1. (Proposed) Agreement with All City Management Services, Inc. (pgs. 4-34)
2. All City Management Services proposal (pgs. 35-79)
3. Crossing Guard
Locations Serviced by Contractor (pg. 80)
Prepared by: Nora Garcia, Emergency Services Manager
CITY OF CARSON Printed on 9/9/2024Page 3 of 3
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3 CONTRACT SERVICES AGREEMENT
By and Between
CITY OF CARSON
and
ALL CITY MANAGEMENT SERVICES, INC.
Exhibit No. 1
4 01007.0001/1014205.1 -1-
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF CARSON AND
ALL CITY MANAGEMENT SERVICES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 1st day of October, 2024 by and between the CITY OF CARSON, a California municipal corporation (“City”) and ALL CITY MANAGEMENT SERVICES, INC., a California Corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Carson’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 5 01007.0001/1014205.1 -2-
professional standards” shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
6 01007.0001/1014205.1 -3-
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Million, Six Hundred Seventeen Thousand, Five Hundred Eighty One Dollars and No Cents ($1,617.581.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
7 01007.0001/1014205.1 -4-
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
8 01007.0001/1014205.1 -5-
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
David Mecusker Marketing & Contracts Manager
(Name) (Title)
9 01007.0001/1014205.1 -6-
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Nora A. Garcia, MPA, Emergency Services Manager, or as otherwise designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, 10 01007.0001/1014205.1 -7-
compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Coverage Form ISO CGL CG 00 01 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement, with Employer’s Liability insurance coverage limits of at least $1,000,000.00.
(c) Automotive Insurance (Coverage Form ISO CA 00 01 including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability 11 01007.0001/1014205.1 -8-
insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession, as determined by the City’s Risk Manager, provided that the limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(g) Broader Coverages and Higher Limits. Notwithstanding anything else herein to the contrary, if Consultant maintains broader coverages and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverages and/or higher limits maintained by Consultant.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply 12 01007.0001/1014205.1 -9-
with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, 13 01007.0001/1014205.1 -10-
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk 14 01007.0001/1014205.1 -11-
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of 15 01007.0001/1014205.1 -12-
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions 16 01007.0001/1014205.1 -13-
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 17 01007.0001/1014205.1 -14-
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 18 01007.0001/1014205.1 -15-
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 19 01007.0001/1014205.1 -16-
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Carson, 701 East Carson, Carson, California 90745 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Agreement.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
20 01007.0001/1014205.1 -17-
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “non-interests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
21 01007.0001/1014205.1 -18-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CARSON, a municipal corporation
Lula Davis-Holmes, Mayor
ATTEST:
Dr. Khaleah Bradshaw, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[vas; rjl]
CONSULTANT:
ALL CITY MANAGEMENT SERVICES, INC., a
California corporation
By:
Name:
Title:
By:
Name:
Title:
Address: 10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA 90670
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 22 01007.0001/1014205.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 23 01007.0001/1014205.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 24 01007.0001/1014205.1 B-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
Consultant shall provide one (1) field supervisor and up to twenty-five (25) crossing guards for crossing guard services at locations and times determined by the Contract Officer. Sites numbered 1, 15 and 16 are staffed by part-time City employees. Consultant shall provide permanent crossing guards and relief crossing guards. Permanent crossing guard services means crossing guard services provided by Consultant under the Agreement. Relief crossing guard services means crossing guard services provided on a relief basis to cover crossing guards, including those designated for sites 1, 15 and 16, who are temporarily off work due to illness or vacation. City reserves the right, in its sole and absolute discretion to change the locations of contractor’s crossing guards, to add or reduce services, and to adjust the dates and times based on annual individual school schedules.
For the services rendered pursuant to this Agreement, Consultant shall staff crossing guard locations in accordance with the Los Angeles Unified School District (LAUSD) academic year. The number of school days is subject to change based on State of California and L.A.
County health order guidelines. As of the execution of this Agreement the locations are as follows:
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A. Consultant shall provide services four (4) hours per day for each day each individual school is in session. In order to maintain compliance with the State of California Split Shift Differential Laws, crossing guards are to provide services for three (3) hours per scheduled school day, but will be compensated for four (4) hours. Relief staff services shall be provided on an as-needed basis. For any relief staffing services provided, Consultant will bill the City a minimum of two (2) hours per actual location staffed.
27 01007.0001/1014205.1 B-4
B. Consultant shall provide trained and certified crossing guards at specified locations.
C. Consultant shall ensure that crossing guards are present at designated times, typically during school arrival and dismissal periods.
D. Consultant shall maintain a reliable and effective communication system for reporting incidents, absences, and emergencies.
E. Consultant shall adhere to all local, state, and federal requirements regarding pedestrian safety.
F. Consultant shall assist children and other pedestrians in safely crossing the street.
G. Consultant shall maintain order among children and ensure they follow traffic safety rules.
H. Consultant shall use appropriate signage and signals to control traffic flow in accordance with local traffic regulations.
I. Consultant shall report any unsafe conditions or incidents to the appropriate authorities immediately.
J. Consultant shall provide all necessary and required safety equipment, including but not limited to, an ANSI-approved safety vest and apparel to ensure crossing guards are readily identifiable as crossing guards, a handheld stop sign, and a whistle.
Apparel must be appropriate for all weather conditions. All apparel and equipment shall be approved by the City’s Contract Officer.
K. Consultant shall provide training, at no cost to the City, in accordance with all applicable local, state, and federal laws pertaining to pedestrian safety and school crossing areas. Training shall also include general traffic safety for pedestrians, motorists, and crossing guards.
L. Crossing guards shall be tested annually to ensure compliance with all required laws, ordinances, and regulations.
M. Consultant shall maintain all records documenting training for all crossing guards, and said records shall be made available for inspection. Copies of such records shall be provided to the City upon request at no additional cost.
N. Consultant shall provide adequate reserve personnel to ensure that all crossing locations are staffed during the required times and that all crossing guards are providing services as outlined in the Scope of Services. Reserve personnel shall staff locations vacated due to illness, injury, or failure to report to work. In the event a location remains unstaffed, the Consultant shall pay, or alternatively, reduce the monthly billing by $100.00 for any portion of one hour not staffed by the Consultant.
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O. Consultant shall be responsible for all timekeeping and payroll functions related to crossing guard wages and benefits.
P. Consultant shall provide supervisory personnel to ensure that all crossing guard locations are staffed during the required times.
Q. Consultant shall provide proposed staffing plan, including the number of crossing guards and supervisory personnel.
R. Consultant shall provide detailed schedule for crossing guard shifts and locations.
S. Consultant shall provide communication and incident reporting procedures.
T. Staff Qualifications: Consultant shall provide detailed information regarding the training and certification process for crossing guards. This includes outlining the procedures for conducting background checks and screening procedures for crossing guards. Consultant shall also describe the process for managing staffing shortages and addressing absenteeism. The City reserves the right, at its sole discretion, to request the removal or reassignment of any crossing guard for reasons of convenience. Consultant shall make all reasonable efforts to recruit, hire, train, staff and employ crossing guards from among the current residents of the City of Carson, wherever feasible.
II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by the City.
III. Consultant will utilize the following personnel to accomplish the Services.
A. Kim Brooks, National Operations Manager
B. Patricia Pohl, Vice President of Operations.
C. Jennifer Lucero, Team Manager
D. Laura De La Torre, Local Area Supervisor
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is hereby amended as follows (deletions shown in strikethrough and additions shown in bold italics):
I. Section 2.4 (Invoices) of the Agreement is hereby amended to read in its entirety as follows:
“2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred on a bi-weekly basis during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.”
II. Section 3.4 (Term) of the Agreement is hereby amended to read in its entirety as follows:
“3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services commencing October 1, 2024 and expiring June 30, 2027but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).” The City may, at its sole discretion, elect to extend the Term by two (2) additional one-year terms (each, an “Extension Term”). The pricing to be applied for each Extension Term is listed in Exhibit “C.”
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services in Exhibit A, Section I at the hourly rates listed below which are fully loaded rates, meaning they include but are not limited to, recruitment, background clearance, training, equipment, insurance, supervision and management of the City’s Crossing Guard Program.*
Thirty-two Dollars and Forty-five Cents ($32.45) per hour, per guard. This pricing is based upon 22 crossing guards compensated an average of 4.0 hours per day, for 180 school days annually. Relief coverage for City staffed sites will be billed at the same billing rate and daily hours. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 15,840 hours, the projected Not to Exceed price is $514,008.00 for the 2024/2025 school year.
Crossing Guard Wages: $20.00 per hour Area
Supervisor Wages: $23.00 per hour
Proposed Hourly Rate for 2025/2026-Thirty-four Dollars and Seven Cents ($34.07), per hour, per guard. Based upon 15,840 hours, the projected Not to Exceed price is $539,669.00.
Crossing Guard Wages: $21.00 per hour
Area Supervisor Wages: $24.00 per hour
Proposed Hourly Rate for 2026/2027 - Thirty-five Dollars and Sixty Cents ($35.60), per hour per guard. Based upon 15,840 hours, the projected Not to Exceed price is $563,904.00.
Crossing Guard Wages: $22.00 per hour
Area Supervisor Wages: $25.00 per hour
3 Year Total $1,617,581.00
Option Year 27/28 - $37.02 with a Not to Exceed price of $586,397.00.
Crossing Guard Wages: $22.75 per hour
Area Supervisor Wages: $25.75 per hour
Option Year 28/29 - $38.50 with a Not to Exceed price of $609,840.00.
Crossing Guard Wages: $23.50 per hour
Area Supervisor Wages: $26.50 per hour
5 Year Total $2,813,818.00
*YEAR 1 – October 1, 2024 to June 30, 2025 *YEAR 2 – July 1, 2025 to June 30, 2026 *YEAR 3 – July 1, 2026 to June 30, 2027
*YEAR 4 – July 1, 2027 to June 30, 2028 (optional)
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*YEAR 5 – July 1, 2028 to June 30, 2029 (optional)
II. In the event a location remains unstaffed, Consultant shall pay, or in the alternate, reduce the monthly billing by $100 for any portion of one-hour not staffed by Consultant.
III. The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost will be billed to the City.
IV. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
V. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
E. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
F. Line items for all materials and equipment properly charged to the Services.
G. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
H. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
VI. The total compensation for the Services shall not exceed $1,617,581.00 as provided in Section 2.1 of this Agreement.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following schedule:
The following table identifies the locations crossing guards will be stationed and the total number of hours to be allotted per location and per day. The City reserves the right in its sole discretion to change locations, to add or reduce services, and to adjust the dates and times based on annual individual school schedules. Sites numbered 1, 15, and 16 are staffed by part-time City employees.
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II. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.
34 Exhibit No. 2
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 LOCATION SITE NUMBER SCHOOL
MAXIMUM
HOURS PER
DAY
Billings Dr./Sherman Ave. 1 Ambler Elementary 4
220th St./Bonita St. (N/E) 2 Bonita Elementary* 4
220th St./Bonita St. (N/W) 3 Bonita Elementary* 4
220th St./ Avalon Blvd. 4 Bonita Elementary* 4
Andmark Ave./ Kramer Dr. 5 Broadacres Elementary* 4
Gunlock Ave./Turmont St. 6 Broadacres Elementary* 4
Carson St./ Bonita St. (N/E) 7 Carnegie Middle School* 4 Carson St./ Bonita St. (N/W) 8 Carnegie Middle School* 4 Calbas St./Bonita St. 9 Caroldale Learning
Community* 4
224th Pl./ Caroldale Ave. 10 Caroldale Learning
Community* 4
223rd St./ Moneta Ave. 11 Caroldale Learning
Community* 4
Figueroa St./Shadwell Ave. 12 Caroldale Learning
Community* 4
213th St./Bolsa Ave. 13 Carson Elementary* 4
215th St./ Orrick Ave. 14 Carson Elementary* 4
Avalon Blvd. / Scottsdale Dr. 15 Catskill Elementary 4
236th St./ Panama Ave. 16 Catskill Elementary 4
236th St./ Catskill Ave. 17 Catskill Elementary* 4
Diamondale Dr./Central Ave. 18 Curtiss Middle School* 4 213th St./Water St. 19 Del Amo Elementary* 4
224th St./ Catskill Ave. 20 Dolores Elementary* 4
228th St./ Catskill Ave. 21 Dolores Elementary* 4
Carson St./ Santa Fe Ave. 22 Dominguez Elementary* 4
220th St./ Figueroa St. 23 Stephen White Middle
School* 4
220th St./ Moneta Ave. 24 Stephen White Middle
School* 4
189th St./ Towne Ave. 25 Towne Avenue Elementary* 4
*Assigned to Contractor
Exhibit No. 3
33 80
CITY OF CARSON
File #: Version:
This topic was imported from Granicus. Please See Attachments
Attachments
Agenda 2024-0764.pdf
701 East Carson Street
CITY OF CARSON
801 E. Carson St., Hall B
File #: 2024-0764, Version: 1
Report to Mayor and City Council
Tuesday, September 17, 2024
Consent
SUBJECT:
CONSIDER AWARDING A PUBLIC WORKS AGREEMENT TO JOHNSON CONTROLS, INC., FOR INSTALLATION SERVICES OF SPECIALIZED AUDIO-VISUAL SYSTEMS FOR CAPITAL IMPROVEMENT PROJECT PW 1731: CITY HALL
BASEMENT/EMERGENCY OPERATIONS CENTER RENOVATION (CITY COUNCIL) I. SUMMARY
The current Emergency Operations Center (EOC) is outdated and lacks the essential equipment recommended by the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (CalOES), affecting the City’s ability to respond effectively to emergencies. To address this issue, the City has invested in the upgrade of the EOC. This investment aims to equip the EOC with modern and adequate resources to fulfill its crucial role during emergencies. As a result, the City has designed a state-of-the art EOC and has purchased the necessary materials and equipment. This agreement is specifically for the installation of the A/V equipment.
On August 7, 2024, an Invitation For Bids (IFB) (Exhibit No. 2) was released via Planet Bids for qualified firms to submit proposals to provide professional installation of specialized materials and audio-visual equipment as needed in the Emergency Operations Center (EOC), as part of Capital Project PW 1731: City Hall Basement/Emergency Operations Center Renovation. The City received one (1) bid proposal (Exhibit No. 3).
After reviewing and evaluating the proposal, Staff determined that Johnson Controls, Inc., is a suitable candidate with the required licenses/certifications for the installation of the specialized materials and audio-visual equipment as needed in the Emergency Operations Center. Accordingly, Staff recommends that Johnson Controls, Inc., be awarded the proposed contract at a not-to-exceed contract sum of $369,938.51, with installation to be completed within one year. Thereafter, maintenance services will be provided for a period of five years (Exhibit No. 1).
II. RECOMMENDATION
CITY OF CARSON Printed on 9/9/2024Page 1 of 3
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1 File #: 2024-0764, Version: 1
TAKE the following actions:
1. APPROVE the proposed Public Works Agreement with Johnson Controls, Inc., for the installation of specialized materials and audio-visual equipment as needed in the Emergency Operations Center (EOC), as part of Capital Improvement Project PW 1731: City Hall Basement/Emergency Operations Center Renovation, for a not- to-exceed contract sum of $369,938.51 (Exhibit No. 1).
2. AUTHORIZE the Mayor to execute the Agreement, following approval as to form by the City Attorney.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate, subject to compliance with applicable law.
IV. BACKGROUND
The City of Carson was awarded American Rescue Plan Act funding to support various projects, one of which is the basement renovation including the Emergency Operation Center (EOC), as well as administrative office space for the Public Safety & Emergency Services (PS/ES) and the Information Technology & Security (ITS) Departments.
Recognizing the critical role these areas play in emergency coordination, the City has prioritized improvements to the basement facilities. The EOC is essential for supporting emergency response, business continuity, and crisis communication efforts. When activated, it serves as a centralized command and control center where various regional agencies can collaborate on fire safety, law enforcement, emergency medical services, and public information dissemination for the community. Additionally, when not in use for emergencies, the EOC will function as a training facility focused on emergency preparedness.
The existing systems and audio-visual capabilities require upgrades due to their age, frequency of use, and advancements in technology. Once the renovations are completed, the facility will be equipped to better prepare for, respond to, and recover from both natural and man-made disasters.
Staff developed a detailed design-build plan, to include a list of specialized materials needed for the installation of state-of-the-art technology. This technology will enhance the viewing of visual information, data, and video feeds, improving the current systems in use.
On August 6, 2024, Staff recommended, and City Council approved the purchase of these specialized materials from the Johnson Controls Bill of Materials and awarded a five-year equipment service agreement.
The equipment manufacturers require all installations of their equipment and systems to be performed by a licensed/certified partner. Additionally, a CTS-I and CTS-D certified employee will be required to maintain the warranty status. Any equipment installation or service provided by an unauthorized party will void the equipment warranty. Therefore, on August 7, 2024, an Invitation For Bids (IFB) was released via Planet Bids for qualified firms to submit proposals to provide professional installation of specialized materials and audio- CITY OF CARSON Printed on 9/9/2024Page 2 of 3
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2 File #: 2024-0764, Version: 1
visual equipment as needed. The IFB closed successfully on August 29, 20224 at 11:00 am with one (1) bid submittal from Johnson Controls, Inc.
Following a review of their proposal, Staff determined that Johnson Controls, Inc., is a suitable candidate with the required licenses/certifications for the installation of the specialized materials and audio-visual equipment as needed in the Emergency Operations Center. Accordingly, staff recommends that Johnson Controls, Inc., be awarded the proposed contract at a not-to-exceed contract sum of $369,938.51 (Exhibit No. 1).
V. FISCAL IMPACT
If the Agreement is approved, the total cost of $369.938.51 will be paid out of 101-99-999- 904-6004 PW 1731 Basement/Emergency Operation Center Renovation account, resulting in no fiscal impact.
VI. EXHIBITS
1. Agreement with Johnson Controls, Inc. (pgs.4-44)
2. IFB 24-22: EOC AVS installation (pgs.45-57)
3. Johnson Controls EOC AVS Installation Proposal (pgs.58-97) Prepared by: Nora Garcia, Emergency Services Manager
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3 01007.0006/712786.4 1
PUBLIC WORKS AND MAINTENANCE AGREEMENT
BETWEEN THE CITY OF CARSON AND
JOHNSON CONTROLS INC.
THIS PUBLIC WORKS AGREEMENT (“ Agreement”) is made and entered into this ____ day of __________________, 2024, by and between the City of Carson, a California charter city (“City”) and Johnson Controls Inc., a Wisconsin corporation authorized to conduct business in California (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”
RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. Pursuant to the City of Carson Municipal Code and California state law, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES
1.1 Scope of Work.
The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled Invitation for Bids (IFB) No. 24-22 Emergency Operations Center (EOC): Specialized Audio-Visual Systems Installation Services (“ Global Project”). Contractor shall install specialized materials and audio-visual equipment to be furnished by the City as needed in City’s Emergency Operations Center (EOC). The scope of work includes two integrations, encompassing hardware and software components. For hardware integration, the project involves installing and integrating specialized audio-visual equipment as specified by Samsung, Premier Mounts, RGB Spectrum, QSC, Apple, Iport, CISCO, Shure, Logitech, Middle Atlantic, JCI-PSA and Surgex, which includes a direct-view LED video wall, multiple displays, dedicated PCs with HDMI outputs, a comprehensive video wall processor, audio Exhibit No. 1
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01007.0006/712786.4
equipment with DSP and microphones, conferencing components, equipment racks, control systems, and wireless access points. The detailed installation plan ensures all components are positioned and interconnected to function cohesively within the audio-visual system. For software integration, the scope focuses on configuring a robust control system that manages all audio-visual components centrally which involves designing user interfaces tailored to different roles, implementing functional requirements such as content sharing and conferencing capabilities, developing intuitive graphical user interfaces, customizing systems to align with City preferences, integrating all equipment into the control system, providing comprehensive training and documentation, conducting rigorous testing, and ongoing maintenance support post-installation.
Together, these efforts aim to deliver an optimized audiovisual environment that seamlessly meets the City’s operational needs. Contractor shall collaborate with the material/equipment providers to ensure cohesive oversight and secure equipment storage, minimizing disputes and logistical concerns. Contractor shall also provide City a five (5) year device warranty. The entirety of the Global Project minus the warranty and ongoing maintenance support post-installation will comprise the public works component of the Global Project (“Project”). All work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Global Project, including but not limited to, the Invitation for Bids, Instructions to Bidders, Contractor’s Bid/Proposal dated August 22, 2024, Contract Documents, Special Provisions, Technical Provisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all applicable permit requirements, any addenda, any applicable Project Labor Agreement, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement and made part hereof. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.
1.2 Incorporation of Greenbook.
The provisions of the 2021 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. 5 -3-
01007.0006/712786.4
(c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation 6 -4-
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for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.4 Compliance with Project Labor Agreement
If and to the extent that the work to be performed under this Agreement is within the scope of the City’s Project Labor Agreement, which was fully executed as of March 4, 2020, by and between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions (the “Project Labor Agreement”), City and Contractor acknowledge and agree that Contractor is required to comply with the provisions of the Project Labor Agreement, and that in the event of a conflict between the provisions of this Agreement and the Project Labor Agreement, the Project Labor Agreement shall supersede and take precedence over the conflicting provision(s) of this Agreement.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
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1.6 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
1.7 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
1.8 Unidentified Utilities.
To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall 8 -6-
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immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.
1.9 Trench Excavation.
Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.
1.10 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.11 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an 9 -7-
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additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.12 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the City’s Director of Public Works or City Engineer, or either of their designees, to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and City’s Director of Public Works or City Engineer, or either of their designees, prior to commencing the extra work thereunder. (b) Any increase in compensation of up to the amount of contingency approved by the City Council at the time the Project was awarded to Contractor plus any additional subsequent contingency approved by the City Council, if any, taken either separately or cumulatively, or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s Director of Public Works or City Engineer, or either of their designees. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City’s Director of Public Works or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is 10 -8-
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done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.13 CARB Compliance.
For a project involving the use of in-use off-road diesel-fueled vehicles, as defined by 13 CCR 2449, Contractor shall obtain copies of the valid Certificates of Reported Compliance, as described in 13 CCR 2449(n), for the fleet performing services pursuant to this contract and all listed subcontractors, if applicable, prior to commencing any work pursuant to this Contract or any renewed contract with that fleet. Contractor shall indemnify, defend and hold harmless the District, its officers, agents, employees and directors from any liability imposed arising from Contractor’s violation of any regulation set forth in 13 CCR 2449.
1.14 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 11 -9-
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of an amount not to exceed Three Hundred Sixty Nine Thousand Nine Hundred Thirty Eight Dollars and Fifty One Cents ($369,938.51) (“Contract Sum”) for completion of the Global Project. Of this amount, the amount attributable to the Project is Three Hundred Sixty Nine Thousand Nine Hundred Thirty Eight Dollars and Fifty One Cents ($369,938.51), as the warranty and ongoing maintenance support post-installation will be provided at no cost to the City.
2.2 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month using the form attached hereto as Exhibit E and incorporated herein by this reference. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.
All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
2.3 Payment.
(a) Payments Made by City. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
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(b) Payments Made by Contractor to Subcontractors. Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.
2.4 Retention.
Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.
In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
2.6 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Schedule of Performance.
Contractor shall complete the Project within one (1) year after receiving a “Notice to Proceed” from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in writing.
Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement with respect to the Project shall expire one (1) year following City’s acceptance of the Project. Once the Project is accepted by the City, Contractor 13 -11-
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will provide City with warranty and ongoing maintenance support post-installation services for a period of five (5) years thereafter.
3.2 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Thousand Dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Final Acceptance.
Acceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City.
As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:
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Mark Thummel ___________ Account Executive-Building Solutions (Name) (Title)
John Kalinin _____________ Account Executive-Building Solutions (Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Project Manager.
The Project Manager shall be Nora A. Garcia, MPA, Emergency Services Manager, or any other person as may be designated by the City’s Director of Public Works or City Engineer. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City’s Director of Public Works or City Engineer, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or 15 -13-
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control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form ISO CGL CG 00 01 or equivalent, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form ISO CA 00 01, including “any auto” and endorsement CA 0025 or equivalent, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident. 16 -14-
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(c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.
If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.
(e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000 in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17 -15-
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5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other 18 -16-
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requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance 19 -17-
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under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Payment Bonds.
Concurrently with execution of this Agreement, Contractor shall deliver to the City all of the following bonds if the Contract Sum should exceed $25,000:
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(a) A performance bond securing the faithful performance of the Project component of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with work for the Project component of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
All bonds shall be on the applicable forms provided in Exhibit “C” and Exhibit “D” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager.
5.7 Release of Securities.
City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement that concerns the Project; (b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the 21 -19-
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performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain 22 -20-
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or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT; DEFAULT, SUSPENSION AND
TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Default of Contractor.
Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served 23 -21-
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upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7.3 Suspension and Termination.
(a) The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. (b) This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Global Project accepted by City up to the effective date of termination unless any portion of the Global Project is accepted by City after termination in which event Contractor shall be paid for such completed portion.
7.4 Dispute Resolution Process.
Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. 24 -22-
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(b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. 25 -23-
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(e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.
A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim 26 -24-
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arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
7.5 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by 27 -25-
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a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.6 Rights and Remedies Are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.7 Unfair Business Practices Claims.
Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 28 -26-
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8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Provisions Required By Law.
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.
9.2 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Carson, 701 E Carson Street, Carson, California 90745 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.3 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 29 -27-
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9.4 Counterparts.
This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Agreement. All signatures on bonds must be originals.
9.5 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.6 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.7 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such 30 -28-
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payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.8 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CARSON, a California charter
city
______________________________
Lula Davis-Holmes, Mayor
ATTEST:
Dr. Khaleah R. Bradshaw, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________
Sunny K. Soltani, City Attorney
[rjl]
CONTRACTOR:
JOHNSON CONTROLS, INC., a Wisconsin
corporation
*By: _______________________________
Name: _____________________________
Title: _____________________________
*By: _______________________________
Name: _____________________________
Title: _____________________________
Address: 5757 N. Green Bay Ave.
Milwaukee, WI 53209
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 32 01007.0006/712786.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 33 01007.0006/712786.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 34 01007.0006/712786.4 A-1
EXHIBIT A
CONTRACTOR’S BID
35 01007.0006/712786.4 A-2
36 01007.0006/712786.4 A-3
37 01007.0006/712786.4
EXHIBIT B
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.
I. Section 5.1 (Insurance Coverages) of the Agreement is hereby amended to read in its entirety as follows:
“5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form ISO CGL CG 00 01 or equivalent, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form ISO CA 00 01, including “any auto” and endorsement CA 0025 or equivalent, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key 38 01007.0006/712786.4
equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.
If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.
(e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000 in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession, as determined by the City’s Risk Manager, provided that the limits shall be no less than $5,000,000 per claim and no less than $5,000,000 general aggregate. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.”
39 01007.0006/712786.4
EXHIBIT C
PERFORMANCE BOND
We, Johnson Controls Inc., a Wisconsin corporation, as Principal, and _____________________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of Three Hundred Sixty Nine Thousand Nine Hundred Thirty Eight Dollars and Fifty One Cents ($369,938.51). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.
Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.
40 01007.0006/712786.4
Executed this day of _________, ____.
Seal of Corporation _____________
By:____________________________________
Authorized Representative of Principal
Title: _____________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one)
Surety's agent for service
of process in California: ( ) _____________________
[name of surety company]
_________________________ ____________________________________ Name Street Number
_________________________ ____________________________________ Street Number City and State
_________________________ ____________________________________ City and State Telephone Number
_________________________
Telephone Number
By:____________________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
41 01007.0006/712786.4
EXHIBIT D
PAYMENT BOND
We, Johnson Controls Inc., a Wisconsin corporation, as Principal, and _____________________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of Three Hundred Sixty Nine Thousand Nine Hundred Thirty Eight Dollars and Fifty One Cents ($369,938.51). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.
Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.
If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement.
Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.
This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.
Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.
42 01007.0006/712786.4
Executed this _____________ day of ___________, ______.
Seal of Corporation ______________
By:______________________________
Authorized Representative of Principal
Title: __________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one)
Surety's agent for service
of process in California: ( ) ________________
[name of surety]
_________________________ _____________________________ Name Street Number
_________________________ _____________________________ Street Number City and State
_________________________ _____________________________ City and State Telephone Number
_________________________
Telephone Number
By:_____________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
43 01007.0006/712786.4
EXHIBIT E
INVOICE FORM
44 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2 h City of Carson
Purchasing Division
701 E. Carson Street
Carson, CA 90745
INVITATION FOR BIDS (IFB) NO. 24-22
Notice is hereby given that the Purchasing Manager of the City of Carson will accept bids for:
EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO-VISUAL SYSTEMS
INSTALLATION SERVICES
ISSUE DATE: 08/07/24
QUESTIONS DEADLINE: 08/15/24 | 09:00 AM
BID DEADLINE: 08/229/24 | 11:00 AM
BIDS MUST BE SUBMITTED ELECTRONICALLY
REGISTER AS A VENDOR AND SUBMIT ELECTRONIC BIDS AT:
https://www.planetbids.com/portal/portal.cfm?CompanyID=32461 No late bids will be accepted. Bids received after the deadline established will not be considered. Bidders are strongly encouraged to carefully read the entire IFB and are solely responsible for the timely submittal of complete bids. The City reserves the sole right to evaluate the bids submitted, waive any irregularity therein, approve s ub-consultants (if applicable), and select or reject bids, should such action be deemed in the best interests of the City.
All questions or requests for interpretation regarding this solicitation must be submitted online through PlanetBids by the date and time specified. Any City response for this solicitation not submitted through PlanetBids is unauthorized and will be considered invalid.
Any attempt to lobby members of the Carson City Council, or City of Carson staff during the release of the solicitation and the announcement of th e award determination, may result in disqualification from the selection process. Please note submissions are not confidential and are subject to release in response to a public records request opening of bids.
Please note, in the event of a conflict between any details included in this IFB and any details in PlanetBids, this IFB 24-22 shall control and govern.
To view other bidding opportunities from the City of Carons, please visit:
https://ci.carson.ca.su/Finance/Bidding.aspx
Exhibit No. 2
45 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
IFB No. 24-22
EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO-VISUAL SYSTEMS
INSTALLATION SERVICES
Table of Contents
A. Summary
B. Specific Bid Requirements
C. Questions and Addendums
D. Bidder Qualifications
E. Project Location and Schedule
F. Insurance Requirements
G. Bid Opening, Document Review and Award of Contract
H. Project Scope and Specifications
Additional Documents Available as Downloads from PlanetBids
1. Affidavit of Non-Federal Lobbyist Requirements
2. Affidavit of Non-Collusion and Non-Discrimination
3. Client Reference List
4. Debarment and Suspension Certification
5. W-9 Request for Taxpayer Identification Number and Certification
6. Instructions for Entering Electronic Bids
7. Acknowledgement of Insurance Endorsements
8. Contract Services Agreement Template
46 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
A. SUMMARY
The City of Carson, hereinafter referred to as “City”, is seeking bids from qualified and experienced contractors to install specialized materials and audio -visual equipment as needed in an Emergency Operations Center (EOC). The current EOC is outdated and lacks the essential equipment recommended by the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (CalOES), compromising its ability to respond effectively to emergencies. To address this issue, the city has invested in the upgrade of the EOC. This investment aims to equip the EOC with modern and adequate resources to fulfill its crucial role during emergencies. As a result, the city has designed a state -of-the art EOC and has purchased the necessary materials and equipment. This solicitation is for the installation of the equipment.
No bid may be with drawn for a period of 90 days once bids have been opened by the Purchasing Manager or assigned designee.
No contract exists on the part of the City until the City Council has made the award and a contract has been fully executed. The award, if made, will take place approximately 90 days after the scheduled bid opening date.
The City reserves the right to rej ect any and all bids received or any parts therein, and to be the sole judge of the merits of each bid received.
Unless expressly stated otherwise, documents must be uploaded in PDF format. It is the bidder’s responsibility to ensure its bid documents are properly and timely uploaded onto the City’s online bid management system. Bids that are missing pages, cannot be opened, etc. may be considered nonresponsive. It is the bidder’s sole responsibility to contact the City’s online bid management provider (PlanetBids at 818 -992-1771) to resolve any technical issues related to electronic bidding, including (but not limited to) registering as a vendor, updating passwords, updating profiles, uploading/downloading d ocuments, submitting an electronic bid/proposal, etc. All questions or requests for interpretation regarding this IFB solicitation must be submitted online through PlanetBids within the date and time specified. Bidders are not to contact City personnel or Elected Officials with any questions or clarifications concerning this IFB other than through PlanetBids, as only the Purchasing Manager may be contacted. Any City response for this IFB that is not posted through PlanetBids is unauthorized and will be co nsidered invalid. Bidders are solely responsible for “on time” submission of their electronic bids. The Bid Management System will not accept late bids and no exceptions shall be made. Bidders will receive an e -bid confirmation number with a time stamp fro m the Bid Management System indicating that their bid was submitted successfully. The City will only receive those bids that were transmitted successfully.
NOTE: E-Bids are sealed and cannot be viewed by the City until the closing date and time.
If you need to withdraw your bid, you may do so any time before the bid deadline, by going back into the system and selecting “withdraw.”
B. SPECIFIC BID REQUIREMENTS
All bids in response to this IFB must be submitted electronically on PlanetBids no later than the due date and time established. Please allow sufficient time to prepare, scan and upload 47 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
your documents into the electronic bid system prior to the deadline, as the system will lock and not allow entry of bid after the designated deadline. Any technical questions regarding use of PlanetBids must be directed to PlanetBids. Faxed, emailed, or delivered bids will not be accepted.
Bidders will be required to complete “item” fields in PlanetBids that include description, quantity, and price. In addition to completing all required fields in PlanetBids, bidders will be required to upload the following supplemental documents. Each suppl emental document must be numbered in accordance with the following table.
Required Bid Sections and Documents
1 Company Certification and Personnel Verification
Certification, on company letterhead that the person submitting the bid is authorized to contract on behalf of the prospective vendor. Examples of authorized persons include owner, partner, or corporate officer. Include name, title, address, and contact information. If bidder is a corporation, certification should include statement that corporation is in good standing with the California Secretary of State.
Required
2 Client Reference List
Governmental entities preferred. Include client contact information and a brief description of the product provided to each client. Minimum of three (3) references. (download from PlanetBids)
Required
3 Subcontractor List (if applicable)
Include the subcontractor’s qualifications and the nature and extent of work to be performed by each subcontractor
Required if
Applicable
4 Modification, Changes or Exceptions to the City ’s Contract Services Agreement (template available for download from PlanetBids)
Exceptions to the specifications of any proposed items, contract terms and conditions shall be fully described and stated in writing Required if
Applicable
5 Cost
Include all relative pricing information Required
6 Affidavit of Non-Collusion and Non-Discrimination
(download from PlanetBids) Required
7 Affidavit of Non-Federal Lobbyist Requirements
(download from PlanetBids) Required
8 Debarment and Suspension Certificate
(download from PlanetBids) Required
9 Acknowledgement of Insurance Endorsement
(download from PlanetBids) Required
Every document uploaded to PlanetBids must include bidder name and IFB No. 24-22.
C. QUESTIONS AND ADDENDA
48 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
All project scope questions must be posted to PlanetBids by the date and time established.
The City will coordinate responses and post them to PlanetBids five (5) days prior to the bid deadline for all interested bidders to review.
If discrepancies or omi ssions are found for this document, the City reserves the right to make such changes as deemed appropriate. Any such changes will be by written addenda, which will be posted to PlanetBids no later than five (5) days prior to the bid deadline. The City reserves the right to extend the bid deadline.
Type of Question Contact Contact Info
Those related to the Project PlanetBids Post directly to PlanetBids Use of PlanetBids PlanetBids (818) 992-1771
City’s Purchasing Process Josilla Togiola
Purchasing Manager
[email protected]
(310) 830-7600 ext. 1237
D. BIDDER QUALIFICATIONS
Bidders must meet the following minimum qualifications outlined below. Bidders who do not meet the minimum qualifications will be disqualified.
1. Awarded contractor and any subcontractors must be registered with the California Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5.
Contractors and any subcontractors are responsible for maintaining active registration with the DIR for the duration of the contract. Pursuant to Labor Code Section 1773, this work is subject to prevailing wages as established by the DIR for the locality in which the public work is to be performed for each craft, classification or type of worker needed to perform the contract. Refer to the California DIR’s website, http://www.dir.ca.gov/dlsr for such prevailing wages and additional information. Certified payrolls must be submitted to the DIR online portal.
3. Awarded contractor and any subcontractors must pay the City’s business license tax and submit required insurance documents prior to execution of the contract.
4. Awarded contractor must maintain good standing, having completed RGB Spectrum 301-C training at RGB HQ in Alameda, CA, within the past year.
5. Awarded contractor must maintain and include: certification as an AV Provider of Excellence (APEx) by Infocomm/AVIXA, staff with Certified Technology Specialist (CTS) credentials (including CTS, CTS-Design, and CTS-Installation), an operational office within 50 miles of the project site capable of providing service and support, dedicated experience in control room environments, particularly in command and operation centers, extensive project management experience specific to RGB Spectrum projects, and recent references demonstrating proficiency with the required equipment within the same geographic market over the last three years.
6. Staff Qualifications:
a. Must be AV Provider of Excellence (APEx) Certified Company by Infocomm/AVIXA b. Must be in good standing, having completed RGB Spectrum 301-C training at RGB HQ in Alameda, CA in the last 12 months.
c. Must have CTS certified personnel on staff
49 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
i. Certified Technology Specialist
ii. CTS – Design
iii. CTS – Installation
d. Must have an office capable of providing service and support within 50 miles of project site.
e. Must have a division dedicated to working on control room environments such as command centers and operation centers.
f. Must have project managers with 5+ years of experience in similar RGB Spectrum projects.
g. Must have references utilizing the requested equipment in the last 3 years in the same geographic market.
Failure of the contractor to maintain or include evidence of the specified requirements may result in a bid being deemed nonresponsive. The equipment manufacturers require all installations of their equipment and systems to be performed by a licensed/certified partner. Additionally, a CTS-I and CTS-D certified employee will be required to maintain the warranty status. Any equipment installation or service provided by an unauthorized party will void the equipment warranty. Failure of a bidder to demonstrate the ability to complete the services without jeopardizing warranty may result in the bid being deemed nonresponsive.
E. PROJECT LOCATION & SCHEDULE
Job location: City Hall – 701 E Carson St., Carson, CA 90745 Job Work Schedule: TBD
Note: The area is currently undergoing construction and no specific photos of the EOC site are readily available. In addition, due to the nature of the intended use for the space as an Emergency Operations Center, the specific area within the building will be disclosed to the selected bidder for the work.
F. INSURANCE REQUIREMENTS
The selected bidder must comply with the insurance requirements detailed in the Contract Services Agreement and below.
If a bidder believes any of City’s proposed insurance is not appropriate for any reason and/or the requirements warrant an adjustment, City invites submiss ion of a written request with explanation of the same to be submitted prior to 5 days before the bid deadline. City will review the request and if appropriate, will issue an amendment to the insurance requirements as a written addendum.
Certificate of Insurance:
Shows GL, Auto, Work Comp and Professional Liability coverages with valid effective dates General Liability: Add’l Insured and Waiver of Subrogation must be checked.
Auto Liability: Add’l Insured and Waiver of Subrogation must be checked.
Workers Compensation: Waiver of Subrogation must be checked. * - if applicable
Description of Operations:
50 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
1. City of Carson, its elected and appointed officers, employees, volunteers and agents are additional insured on GL and Auto policies.
2. GL is Primary and Non-Contributory.
3. Waiver of Subrogation endorsement in favor of City of Carson OR in favor of additional insured.
Certificate Holder: City of Carson, 701 E Carson Street, Carson, CA 90745 Insurance Carriers: AM Best rating A- VII or Better
(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Servi ces Office form ISO CGL CG 00 01 or equivalent, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been am ended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form ISO CA 00 01, including “any auto” and endorsement CA 0025 or equivalent, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned , hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident.
(c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liabilit y Insurance (with limits of at least $1,000,000).
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession, as determined by the City’s Risk Manager, provided that the limits shall be no less than $5,000,000 per claim and no less than $5,000,000 general aggregate. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. Du ring this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
Bonds
a. Payment Bond: Required, 100% of Bid Amount
b. Performance Bond: Required, 100% of Bid Amount
F. PRICING
Bidders shall provide everything necessary, at their own expense including, but not limited to, labor, prep work, materials, supplies, parts, tools, and equipment required to provide the required products and to dispose of materials.
The lump sum bid price must include all necessary materials and fees to provide the 51 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
required vehicles. Permits, licenses and fees must be obtained at the awarded Bidder’s sole expense. Federal taxes must not be included, as the City is exempt from paying federal taxes. However, the City does pay Sales Tax on the purchase of items, which must be included as a separate line within the total bid price.
The following costs will not be allowed: additional charges such as fuel surcharges and mileage rates, fines , entertainment, advertising, and any costs considered inappropriate for reimbursement from taxpayer money.
Refer to Table B of the Project Scope and Specifications.
G. BID OPENING, DOCUMENT REVIEW AND AWARD OF CONTRACT
All bids will be opened publicly by the Office of the City Clerk, via PlanetBids, on the date and time established. Bid results will not be given out via telephone, or facsimile. Bid documents must be submitted on time and meet the minimum requirements outlined in the Specifications/Cost Sheet.
Once award is determined , a Notice of Intent to Award will be issued via email to all participants of this IFB.
Bid protest procedures may be obtained from Purchasing. Protests must be submitted within five (5) business days following the electronic notification of intent to award.
No contract exists until the City Council has made the award, and the Contract Services Agreement has been fully executed.
H. SPECIFIC EVALUATION CRITERIA FOR AWARD OF CONTRACT
Award will be made pursuant to PCC 22038.
The City may request a qualification interview with the highest ranked bidders(s) prior to determining the final ranking. This selection will be conducted according to the City’s adopted procedures. The City reserves the right to reject any and all proposals received or any parts therein, and to be the sole judge of the merits of each proposal received.
This IFB does not commit the City of Carson to award a contract or to pay any cost incurred in the preparation of any response to the IFB. All responses to this IFB become the property of the City.
52 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
PROJECT SCOPE AND SPECIFICATIONS
IFB 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO-
VISUAL SYSTEMS INSTALLATION SERVICES
SCOPE OF WORK
The scope of work includes two integrations, encompassing hardware and software components.
For hardware integration, the project involves installing and integrating specialized audio-visual equipment as specified by Samsung, Premier Mounts, RGB Spectrum, QSC, Apple, Iport, CISCO, Shure, Logitech, Middle Atlantic, JCI-PSA and Surgex. This includes a direct-view LED video wall, multiple displays, dedicated PCs with HDMI outputs, a comprehensive video wall processor, audio equipment with DSP and microphones, conferencing components, equipment racks, control systems, and wireless access points. The detailed installation plan ensures all components are positioned and interconnected to function cohesively within the audio -visual system. The City will supply all equipment for the project.
For software integration, the scope focuses on configuring a robust control system that manages all audio-visual components centrally. This involves designing user interfaces tailored to different roles, implementing functional requirements such as content sharing and conferencing capabilities, developing intuitive graphical user interfaces, customizing systems to align with client preferences, integrating all equipment into the control system, providing comprehensive training an d documentation, conducting rigorous testing, and offering ongoing support post - installation. Together, these efforts aim to deliver an optimized audiovisual environment that seamlessly meets the city’s operational needs.
In undertaking this substantial project, the City mandates that the installer collaborates with the material/equipment provider to ensure cohesive oversight and secure equipment storage, minimizing disputes and logistical concerns.
Note: Any equipment installation or service provided by an unauthorized party will void the equipment warranty. To preserve the City’s Investment of Materials/Equipment, the City reserves the right to be the judge of a vendor’s authorization to perform the required services.
Table A: Bill of Materials
The table below lists the materials (City-furnished) that will require installation.
53 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
Mfg. Description Qty.
Main Wall Displays
SAMSUNG IAB 110" 2K - Wall Displays, LED, 1.26M, 640X360 PIXELS, 1600 NITS, 219 LB 109.3"DIA INDO
3 SIDE DISPLAYS
SAMSUNG LCD, 55" COMMERCIAL 4K UHD DISPLAY, 700 NIT 2
PREMIER MOUNTS
MOUNT, UNIVERSAL REDUCED DEPTH FLAT WALL FOR
42-63" (BLACK)
2 VIDEO WALL PROCESSOR - 40 IN and 8 OUT
RGB SPECTRUM GO56A CHASSIS, WIN10, 2x MD-4H-4, 10x IP4K-E, Raid, Plus, Un
1 RGB SPECTRUM CABLE RETENTION BRACKET FOR GO IP4K AND IP4K-E CARDS
10 RGB SPECTRUM ADAPTER, MINI HDMI TO HDMI 40
RGB SPECTRUM BRACKET, CABLE RETENTION FOR GO MD-4H-4 CARD 2 RGB SPECTRUM TRANSMITTER, SINGLE CHANNEL CAT-LINX 3 CATX 40 RGB SPECTRUM RECEIVER, SINGLE CHANNEL CAT-LINX 3 CATX 40 RGB SPECTRUM SHELF, 6RU FOR UP TO 10 CAT-LINX 2 UNITS 5
RGB SPECTRUM
POWER SUPPLY, 12 PORTS @ 12VDC/25W PER PORT,
400W FULL
LOAD
4 RGB SPECTRUM
BRACKET, TABLE OR WALL FOR A SINGLE CAT-LINX 2
OR ZIO ENDPOI
40 COMPREHENSIVE
VIDEO
CABLE, 6' ULTRA HIGH SPEED 8K 48G HDMI, BLACK
80 SOURCES
CLIENT PROVIDED
OFE - DELL INSPIRON 27" ALL IN ONE
(Owner Furnished Equipment)
33 CLIENT PROVIDED
OFE - GUEST LAPTOPS WITH HDMI OUTPUT
(Owner Furnished Equipment)
2 CLIENT PROVIDED
OFE - CABLE TV RECEIVER WITH HDMI OUTPUT
(Owner Furnished Equipment)
1 CLIENT PROVIDED
OFE - INTERNET FEED FOR NEWS STATIONS
(Owner Furnished Equipment)
2 COMPREHENSIVE
VIDEO
CABLE, 6' ULTRA HIGH SPEED 8K 48G HDMI, BLACK
3 AUDIO/CONTROL SYSTEM
QSC SYSTEM, UNIFIED SERIES CORE W/ 24 LOCAL I/O
CHANNELS, 1RU
1 QSC SOFTWARE LICENSE, Q-SYS DANTE 32x32 CHANNEL,
PERPETUAL
1 54
IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
QSC SOFTWARE LICENSE, Q-SYS CORE 110 UCI
DEPLOYMENT,
PERPETUAL
1 QSC SOFTWARE LICENSE, Q-SYS CORE 110
SCRIPTING ENGINE, PERPETUAL
1 QSC Q-SYS PERIPHERAL PROVIDING CONTROL EXPANSION
W/1IR
RCV/4IR E
1 QSC NETWORK I/O EXPANDER, 4 SERIAL COMMUNICATION
I/O
1 QSC TRAY, RACK MOUNT AND BALNKING PANELS, UP TO 4
UNITS
1 QSC CONTROLLER, 10.1" TOUCH PANEL FOR IN-WALL
MOUNT, BLACK
1 QSC TABLETOP MOUNTING ACCESSORY FOR TSC-70-G3 /
TSC-101W- G3
1 APPLE COMPUTER IPAD PRO, 11", 128GB, WI-FI, silver 6
IPORT CASE, 10.9" IPAD AIR 4TH GEN (BLACK) 6
IPORT BASE STATION, CONNECT PRO, BLACK 6
CISCO Wi-Fi Access Point - CB150AX 1
SHURE MICROPHONE, 24" CEILING ARRAY, SQUARE, WHITE 6
SHURE RECEIVER, DUAL DIGITAL WIRELESS W/INTERNAL PWR
SUP, 1/2 WAVE
1 SHURE BRACKET, MOUNT AND BNC ADAPTER FOR REMOTE
ANTENNA
2 SHURE CABLE, 25' UHF REMOTE ANTENNA EXTENSION 1
SHURE CABLE, 50' UHF 1
SHURE DIGITAL WIRELESS BODYPACK TRANSMITTER W/MINI 4-
PIN CONNECTOR
2 SHURE MICROFLEX CARDIOID LAVALIER MICROPHONE 2
SHURE DUAL DOCKING CHARGER W/OUT POWER SUPPLY 1
QSC SPEAKER, 6.5" CEILING LOW PROFILE, 70/100V (ORDER
IN PAIRS)
6 QSC AMPLIFIER, 4 CHANNEL 1/2 RU, ENERGY STAR 1
QSC AMPLIFIER, 2 CHANNEL 1/2 RU, ENERGY STAR 1
NETGEAR SWITCH, M2450 40G8F POE PLUS MNGD SW 1
CONFERENCING - BYOM
QSC CAMERA, 20X OPTICAL ZOOM PTX, POE W/WALL MNT
BRACKET
3 QSC BRACKET, CEILING MOUNT FOR PTZ CAMERA 3
QSC ALLOCATION FOR CONFERENCING COMPUTER 1
LOGITECH KEYBOARD/MOUSE COMBO, WIRELESS DESKTOP 3
55 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
WAVE MK550
LIBERTY WIRE AND
CABLE
EXTENDER, USB 2.0 SET 3
Mfg. Description Qty.
COMPREHENSIVE
VIDEO
CABLE, 6' USB 2.0 TO B MALE
3 COMPREHENSIVE
VIDEO
CABLE, 6' ULTRA HIGH SPEED 8K 48G HDMI, BLACK
3 RACK EQUIPMENT
MIDDLE ATLANTIC
RACK, 41 SPACE 38" DEEP MULTIBAY BRG RK
2 MIDDLE ATLANTIC FAN TOP, INTEGRATED 552 CFM DC, INCLUDES 8 FANS 2 MIDDLE ATLANTIC DOOR, VENTED FRONT, FITS 41 SPACE BGR SERIES RAC
2 MIDDLE ATLANTIC SIDE PANELS, 41SP/38DP - BGR 2
SURGEX
POWER CONDITIONER, RACK MOUNT 1RU 9 OUTLET 20
AMP W/REMOTE
4 MIDDLE ATLANTIC SCREW, W/WASHER PHILLIPS 10-32 (100 PC) 1 MIDDLE ATLANTIC NUT, 10/32 CAGE 2
MIDDLE ATLANTIC RACKSHELF, 1 SPACE VENTED, 4PK 2
MIDDLE ATLANTIC 1 SPACE (1 3/4") VENT PANEL, 64% OPEN AREA 8 MIDDLE ATLANTIC 2 SPACE (3 1/2") VENT PANEL, 64% OPEN AREA 8 MIDDLE ATLANTIC "L" SHAPED LACING BAR, 10 PC. PACK 2
DELL OR EQUAL ALLOCATION FOR NEWS FEED COMPUTER 2
Device Warranty - 5 Years
SAMSUNG 110" Wall Display – Includes Advanced Replacement Kit 3 SAMSUNG 55" Display 2
RGB SPECTRUM GALILEO Video Controller, Software, Equipment 1
Room Support and Maintenance
Preventative Maintenance Agreement 60 Months
Table B: Cost Sheet
Description Price
Labor: The installation includes A/V Systems integration with the Qumulex system, systems engineering, documentation, drawings and programming, material installation, all fabrication with modifications, assembly on and off premises, testing,
commissioning, customer training, and project management on $
56 IFB No. 24-22 EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO -VISUAL SYSTEMS INSTALLATION SERVICES – ADDENDUM 2
and off premises. (*Prevailing Wages)
Labor: Wire installation, testing with certification (*Prevailing Wages)
$
Total Bid: $
Note: Any equipment installation or service provided by an unauthorized party will void the equipment warranty.
57 Augu
st 22, 2024
Addendum No. 01 Dated August 21 in PlanetBids is Acknowledged and Accepted Addendum No. 02 Dated August 21 in PlanetBids is Acknowledged and Accepted Presented to:
The City of Carson, California
Nora A. Garcia
Emergency Services Manager
Submitted by:
Mark Thummel and John Kalinin
Account Executives-Building Solutions NA
(702) 664-9100
mar
[email protected]
City of Carson, CA
INVI
TATION FOR BIDS (IFB) NO. 24-22
Emergency Operations Center (EOC): Specialized Audio-Visual Systems Installation Services Exhibit No. 3
58 JCI City of Carson E.O.C. Project Response Page 2 of 40
Table of Contents
A JOHNSON CONTROLS, INC. - PROPOSAL RESPONSE 3
B REQUIRED BID SECTIONS AND DOCUMENTS 4
1 Item No. 1: Company Certification and Personnel Verification 5 2 Item No. 2: Client Reference List 6
3 Item No. 3: Subcontractor List 7
4 Item No. 4: Modification, Changes or Exceptions to the City’s Contract Services 8-10 5 Item No. 5: Cost – See “F TABLE B: COST SHEET 1 1
6 Item No. 6: Affidavit of Non-Collusion and Non-D iscrimination 12 7 Item No. 7: Affidavit of Non-Federal Lobbyist Re quirements 13 8 Item No. 8: Debarment and Suspension Certificate 14 9 Item No. 9: Acknowledgement of Insurance Endorse ment 15
C SCOPE OF WORK 16
D TABLE A: BILL OF MATERIALS 17-19
E TABLE B: COST SHEET 20
F BIDDER QUALIFICATIONS – CERTIFICATIONS 21-23
G CUSTOMER RESPONSIBILITIES 24-25
H INCLUSIONS & EXCLUSIONS 26
10 CONTRACTOR LICENSE CONFIRMATION 27
11 INSURANCE CERTIFICATE 28
12 BOND REQUIREMENTS - DOCUMENTATION 29-40
59 JCI City of Carson E.O.C. Project Response Page 3 of 40
A. JOHNSON CONTROLS INC. - PROPOSAL RESPONSE
Johnson Controls is pleased to provide the followin g proposal outlining the scope of work, specialized audio-visual systems installation services for the bill of material items, which include the following : The installation of the A/V Systems, integration with t he Qumulex system, systems engineering, documentation, drawings, programming, material installation, all fabrication with modifications, assembly on and off premises, testing, commissioning, custom er training, and project management on and off premises. Labor is provided at Prevailing Wages rates.
Johnson Controls has a deep history of being a security solutions provider for hundreds of municipalities nationwide. We have an appreciation for the work that local city leaders do, the challenges they face, and we are proud to serve as the preferred security solutions provider for so many cities, townships, and others.
This proposal is being submitted by John Kalinin and Mark Thummel for your review and consideration.
Part of the management team for this account includes Andrew Krynen. Andrew is authorized to contract with the City of Carson on behalf of Johnson Controls Inc.
Johnson Controls Inc. has locations throughout the state of California, and we are in good standing with the California Secretary of State. Additional information about JCI includes:
Name of Company Johnson Controls Inc.
Corporate Address Corporate Headquarters
5757 N. Green Bay Ave.
Milwaukee, WI 53209
Form of Ownership C Corp.
Number of Employees Johnson Controls Security Inc. has approximately 10,400 employees.
Johnson Controls International plc has a global team of approximately 105,000 employees.
FEIN 39-0380010
DIR – Prevailing Wage 100000593
Description of Business Johnson Controls Inc, a uni t of Johnson Controls International plc, is the security industries’ leading systems integrator in North America and has been doing business in the United States since 1874.
The contents of this proposal(s) in their entirety are presented solely, as representation of our development, design, and delivery capabilities. The entire contents of this document are confidential may not be disclosed, copied to any other document, or distributed, without sole written permission by an authorized Johnson Controls, Inc. representative.
60 JCI City of Carson E.O.C. Project Response Page 4 of 40
B. Required Bid Sections and Documents
Required Bid Sections and Documents
1 Company Certifi cation and Personnel Verification Certification, on company letterhead that the perso n submitting the bid is authorized to contract on behalf of the prospect ive vendor.
Examples of authorized persons include owner, partner, or corporate officer. Include name, title, address, and contact information. If bidder is a corporation, certification should include statement that corporation is in good standing with the California Secretary of State.
Required
Attached
Item No. 1
2 Client Reference List
Governmental entities preferred. Include client contact information and a brief description of the product provided to each client.
Minimum of three (3) references. (download from PlanetBids)
Required
Attached
Item No. 2
3 Subcontractor List (if applicable)
Include the subcontractor’s qualifications and the nature and extent of work to be performed by each subcontractor
Required
Attached
Item No. 3
4 Modification, Changes or Exceptions to the City’s Contract Services Agreement (template available for download from PlanetBids) Exceptions to the specifications of any proposed it ems, contract terms and conditions shall be fully described and stated in writing
Required
Attached
Item No. 4
5 Cost
Include all relative pricing information
Required
Attached
Item No. 5
6 Affidavit of Non-Collusion and Non-Discrimination
(download from PlanetBids)
Required
Attached
Item No. 6
7 Affidavit of No n-Federal Lobbyist Require ments
(download from PlanetBids)
Required
Attached
Item No. 7
8 Debarment and Suspension Certificate
(download from PlanetBids)
Required
Attached
Item No. 8
9 Acknowledgement of Insurance Endorsement
(download from PlanetBids)
Required
Attached
Item No. 9
61 JCI City of Carson E.O.C. Project Response Page 5 of 40
1. ITEM NO. 1: COMPANY CERTIFICATION AND PERSONNE L
VERIFICATION
In addition to this attached Delegation of Authority Certificate, Johnson Controls, Inc. confirms that Johnson Controls, Inc. is in good standing with the California Secretary of State. 62 JCI City of Carson E.O.C. Project Response Page 6 of 40
2. ITEM NO. 2: CLIENT REFERENCE LIST
63 JCI City of Carson E.O.C. Project Response Page 7 of 40
3. ITEM NO. 3: SUBCONTRACTOR LIST
Johnson Controls Inc. Response:
Johnson Controls Inc will use AVI-SPL Security as a sub-contractor for this proposal, and we have worked closely we are completely aligned in delivering the highest standards of delivery excellence.
AVI-SPL will be providing the systems off site and on site assembly, installation, testing and final commissioning.
The following is information about AVI-SPL Security, plus a copy of their executive summary.
Business Name: AVI-SPL
Contractor’s License Number: 1077523
Entity: LLC
Expiration Date: 06/30/2025
All subcontractors are required to submit verification that any of their employees who may perform work at a customer jobsite have undergone drug screening and background checks. When using subcontractors, Johnson Controls always maintains ownership of the project and interacts directly and consistently with the subcontractor to coordinate installations. Every Installation performed by a subcontractor is evaluated and certified by a Johnson Controls field service technician to ensure quality standards are met
64 JCI City of Carson E.O.C. Project Response Page 8 of 40
4. ITEM NO. 4: MODIFICATION, CHANGES OR EXCEPTIONS TO THE CITY’S CONTRACT SERVICES
Johnson Controls, Inc.
Rider to City of Carson
IFB No. 24-22 Public Works Agreement
This Rider is made as of August 19, 2024, by and between Johnson Controls, Inc. (“Contractor”) and City of Carson (“City”) and amends the IFB No. 24-22 Emergency Operations Center (EOC): Specialized Audio- Visual Systems Install Services Public Works Agreement ( the “Agreement”). This Rider is effective as of the date of last signature below. The provisions of thi s Rider supersede and replace any other agreement o r agreements between Contractor and City with respect to the subject matters covered by this Rider and constitutes the entire agreement of the parties on the subject matter hereof. Notwithstanding anything to the cont rary, in the event of a conflict between the provisions of this Rider and the Agreement, the provisions of this Rider shall prevail.
1. Price Adjustments: The pricing set forth in this Agreement is based on Contractor’ quoted scope of work and known site conditions (“Scope of Work”). I f the City requests additional work beyond that set forth in the Scope of Work, the price will be incre ased accordingly. Prices for products covered may also be adjusted by Contractor to reflect any increase i n Contractor’ cost of raw materials (e.g., steel, aluminum) incurred after issuance of Contractor’ ap plicable proposal or quotation. Pricing for Equipment and material covered by this Agreement does not inc lude any amounts for changes in taxes, tariffs, duties or other similar charges imposed and/or enac ted by a government.
2. Force Majeure: Contractor shall not be liable, nor in breach or de fault of its obligations under this Agreement, for delays, interruption, failure to per form under this Agreement, caused, in whole or in p art, directly or indirectly, by a Force Majeure Event. A “Force Majeure Event” is an event beyond the reasonable control of Contractor, foreseeable or unforeseeable, including, without limitation, acts of God, severe weather, declared or undeclared natural disa sters, acts or omissions of any governmental authority including change in applicable law, epide mics, pandemics, disease, viruses, quarantines or other public health risks and/or responses, strikes , lock-outs, labor shortages or disputes, an increa se of 5% or more in tariffs, fires, explosions or othe r casualties, thefts, vandalism, civil disturbances , riots, war, terrorism, power outages, interruptions or deg radations in telecommunications, computer, network, or electronic communications systems, data breach, cyber-attacks, ransomware, unavailability or shortage of parts, materials, supplies, or transportation. If Contractor’ performance is delayed, impa cted, or prevented by a Force Majeure Event or, its conti nued effects, Contractor shall be excused from performance under the Agreement. If Contractor is d elayed in achieving any scheduled milestones due to a Force Majeure Event, Contractor will be entitl ed to extend such milestones by the amount of time Contractor was delayed as a result of such event, plus additional time to overcome the effect of the delay.
3. Indemnity: Notwithstanding anything to the contrary in the Agr eement, Contractor agrees to indemnify the City for all damages, losses and expenses with respect to any third-party claims for personal inju ry, including death, or tangible property damage but only to the extent such damages, losses and expenses are caused by the negligent acts or willful miscond uct of Contractor in fulfilling its obligations und er this Agreement.
4. Limitation of Liability. IN NO EVENT SHALL C ONTRACTOR AND ITS AFFILIATES AND
THEIR RESPECTIVE PERSONNEL, SUPPLIERS AND VENDORS BE LIABLE FOR ANY DAMAGES,
CLAIMS, DEMANDS, SUITS, COSTS, OR LOSS RELATING TO THIS AGREEMENT OR THE
SERVICES CONTEMPLATED THEREBY IN ANY AMOUNT EXCEEDI NG THE TOTAL AMOUNT
PAID TO CONTRACTOR UNDER THE AGREEMENT, REGARDLESS OF THE CAUSE OR FAULT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
5. Liquidated Damages. Taken in the aggregate, shall not exceed 10% of Con tractor contract sum and may only be allocated to Contractor to the extent actual project delay occurs impacting the work of others that is directly caused by Contractor and no t causes outside of its reasonable control.
Liquidated damages are the sole remedy against Contractor for any delays caused by Contractor.
65 JCI City of Carson E.O.C. Project Response Page 9 of 40
6. Payment. Amounts are due upon receipt of the invoice and sha ll be paid by the City within thirty (30) days. Invoicing disputes must be identified in writing within twenty-one (21) days of the invoice date. Payments of any disputed amounts are due and payable upon resolution. Work performed on a time and material basis shall be at Contractor’ the n-prevailing rate for material, labor, and related items, in effect at the time supplied under this Ag reement. Contractor shall invoice the City for progress payments to
100% percent based upon equipment delivered or stor ed, and services performed. In the event project duration exceeds one month, Contractor reserves the right to submit partial invoices for progress payments for work completed at the project site. Th e City agrees to pay any progress invoices in accordance with the payment terms set forth herein. The City’s failure to make payment when due is a material breach of this Agreement and will give Contractor, without prejudice to any other right or remedy, the right to (a) stop performing any Services and/o r withhold further deliveries of equipment and othe r materials; terminate or suspend any unpaid software licenses; and/or terminate this Agreement.
7. Waiver of Consequential Damages: IN NO EVENT, WHETHER IN CONTRACT, TORT OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY
IN TORT), WILL CONTRACTOR AND ITS AFFILIATES AND THEIR RESPECTIVE PERSONNEL,
SUPPLIERS AND VENDORS BE LIABLE TO THE CITY (DIREC TLY OR INDIRECTLY) UNDER ANY
CAUSE OF ACTION OR THEORY OF LIABILITY ARISING FROM , RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBI LITY OF SUCH DAMAGES, FOR ANY:
(A) SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE , OR INDIRECT DAMAGES; (B) LOST
PROFITS, REVENUES, DATA, CUSTOMER OPPORTUNITIES, BU SINESS, ANTICIPATED SAVINGS, OR GOODWILL; (C) BUSINESS INTERRUPTION; OR (D) DATA LOSS OR OTHER LOSSES ARISING
FROM VIRUSES, RANSOMWARE, CYBERATTACKS OR FAILURES OR INTERRUPTIONS TO NETWORK SYSTEMS.
8. Warranty: Contractor warrants that the work shall be free fro m defects in material and workmanship arising from normal wear and tear for a period of one year from the date of substantial completion of Contract or.
Upon written notice from the City, Contractor shall, at its option, repair or replace the defective work, provided, however, for equipment or materials furnished and/o r installed but not manufactured by Contractor, the warranty of Contractor will be limited to extending the warranty terms and conditions which Contractor receives from the manufacturer of said equipment or materials. These warranties do not extend to any w ork or services that have been abused, altered, misused or repaired by the City or third parties without w ritten approval of Contractor; or if serial numbers or war ranty date decals have been removed or altered. The City must promptly report any failure of equipment to Co ntractor in writing. THESE WARRANTIES ARE IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDI NG BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. All other warranties are expressly waived.
9. Insurance: With the exception of its workers’ compensation and employer liability obligations, Contractor shall add the required as additional insured, make its policy primary but only to the extent of Contra ctor’ negligence.
10. Insurance: Notwithstanding anything to the contrary in the Agr eement, Contractor shall maintain insurance to cover its proportionate share of liability in am ounts set forth below in full force and effect at a ll times until the (a) obligations under the Agreement have been c ompleted or (b) the Agreement is cancelled or terminated and shall provide a certificate evidenci ng such coverage promptly following the City’s requ est therefor. Copies of Contractor insurance policies will not be provided.
COVERAGES LIMITS OF LIABI LITY Workmen's Compensation Insurance or self-insurance,
including Employer's Liability
Statutory
66 JCI City of Carson E.O.C. Project Response Page 10 of 40
Commercial General Liability Insurance $5,000,000 Per Occurrence $10,000,000 Aggregate
Comprehensive Automobile Liability Insurance
Professional Liability
$2,000,000 Combined Single Limit
$5,000,000 Per Occurrence
$5,000,000 Aggregate
The above limits may be obtained through primary and excess policies and may be subject to self- insured retentions.
Any insurance protection afforded to the City under this policy will be limited to the terms of the certificate of insurance and/or endorsement and will not expand upon, alter, supplant, or supersede Contractor’
contractual obligations hereunder including any ind emnification obligations. The amount payable under the policy will be the lesser of the amount required by the contract and limits provided by the policy.
The City shall maintain all insurance coverage that the City believes is necessary to protect the City, the City’s property, and persons in or on the premises, including coverage for personal injury and property damage throughout the term of the Agreement.
City of Carson Johnson Controls, Inc. (“City”) (“Contractor”)
By: By:
Authorized Signatory Authorized Signatory
Title: Title:
67 JCI City of Carson E.O.C. Project Response Page 11 of 40
5. ITEM NO. 5: COST – SEE “E. TABLE B: COST SHEET
Description Price
Labor: The installation includes A/V Systems integr ation with the Qumulex system, systems engineering, documentation, drawings and progra mming, material installation, all fabri cat ion with $356,025.47
modifi cat ions, assembly on and off pre mises, testing, commissioning, custo mer tra ining, and project managem ent on and off premises. (*Prevailing Wages)
La bor: Wire i n s t a l l a t i o n , test ing w it h c e r t i f i c a t i o n $13,913.04 Wa ges)
Total Bid: $369,938.51
Note: Any equipment installation or service provided by an unauthorized party will void the equi pment warranty.
Line-Item Form Downloaded from Planetbid
City of Carson
Line Items for Project EMERGENCY OPERATIONS CENTER (EOC): SPECIALIZED AUDIO-VISUAL SYSTEMS INSTALLATION SERVICES (IFB 24-22) Issued on 08/07/2024
Bid Due on August 22, 2024 11:00 AM (PDT)
Exported on 08/21/2024
Item Num Section Item Code Item Description Unit of Mea sure Quantity Reference Unit Price 1 Section 1 Lump Sum Bib EA 1 (IFB) No. 24-22 $369,938.5 1 68 JCI City of Carson E.O.C. Project Response Page 12 of 40
6. ITEM NO. 6: AFFIDAVIT OF NON-COLLUSION AND NON-
DISCRIMINATION
69 JCI City of Carson E.O.C. Project Response Page 13 of 40
ITEM NO. 7: AFFIDAVIT OF NON-FEDERAL LOBBYIST
REQUIREMENTS
70 JCI City of Carson E.O.C. Project Response Page 14 of 40
ITEM NO. 8: DEBARMENT AND SUSPENSION CERTIFICATE
71 JCI City of Carson E.O.C. Project Response Page 15 of 40
9. ITEM NO. 9: Acknowledgement of Insurance Endorsement
72 JCI City of Carson E.O.C. Project Response Page 16 of 40
C. SCOPE OF WORK
This scope of work includes two integrations, encompassing hardware and software components.
For hardware integration, JCI will install and integrate specialized audio-visual equipment as specified by Samsung, Premier Mounts, RGB Spectrum, QSC, Apple, Iport, CISCO, Shure, Logitech, Middle Atlantic, JCI-PSA and Surgex. This includes a direct-view LED video wall, multiple displays, dedicated PCs with HDMI outputs, a comprehensive video wall processor, audio equipment with DSP and microphones, conferencing components, equipment racks, control systems, and wireless access points. The detailed installation plan ensures all components are positioned and interconnected to function cohesively within the audio-visual system. The City will supply all equipment for the project.
The software integration focuses on configuring a robust control system that manages all audio- visual components centrally. This includes designing user interfaces tailored to different roles, implementing functional requirements such as content sharing and conferencing capabilities, developing intuitive graphical user interfaces, customizing systems to align with client preferences, integrating all equipment into the control system, providing comprehensive training and documentation, conducting rigorous testing, offering ongoing support post- installation. The aim is to deliver an optimized audiovisual environment that seamlessly meets the city’s operational needs.
In undertaking this substantial project, JCI will collaborate with the material/equipment provider to ensure cohesive oversight and secure equipment storage, minimizing disputes and logistical concerns.
73 JCI City of Carson E.O.C. Project Response Page 17 of 40
D. TABLE A: BILL OF MATERIALS
The table below lists the materials (City-furnished) that will require installation.
Mfg. Description Qty.
Main Wall Displays
SAMSUNG IAB 110" 2K - Wall Displays, LED, 1.26M, 64 0X360 PIXELS, 1600 NITS, 219 LB 109.3"DIA INDO
3 SIDE DISPLAYS
SAMSUNG LCD, 55" COMMERCIAL 4K UHD DISPLAY, 700 NIT 2
PREMIER MOUNTS
MOUNT, UNIVERSAL REDUCED DEPTH FLAT WALL FOR
42-63" (BLACK)
2 VIDEO WALL PROCESSOR - 40 IN and 8 OUT
RGB SPECTRUM GO56A CHASSIS, WIN10, 2x MD-4H-4, 10x IP4K-E, Raid, Plus, Un
1 RGB SPECTRUM CABLE RETENTION BRACKET FOR GO IP4K AN D IP4K-E CARDS
10 RGB SPECTRUM ADAPTER, MINI HDMI TO HDMI 40
RGB SPECTRUM BRACKET, CABLE RETENTION FOR GO MD-4H- 4 CARD 2 RGB SPECTRUM TRANSMITTER, SINGLE CHANNEL CAT-LINX 3 CATX 40 RGB SPECTRUM RECEIVER, SINGLE CHANNEL CAT-LINX 3 CA TX 40 RGB SPECTRUM SHELF, 6RU FOR UP TO 10 CAT-LINX 2 UNI TS 5
RGB SPECTRUM
POWER SUPPLY, 12 PORTS @ 12VDC/25W PER PORT,
400W FULL
LOAD
4 RGB SPECTRUM
BRACKET, TABLE OR WALL FOR A SINGLE CAT-LINX 2
OR ZIO ENDPOI
40 COMPREHENSIVE
VIDEO
CABLE, 6' ULTRA HIGH SPEED 8K 48G HDMI, BLACK
80 SOURCES
CLIENT PROVIDED
OFE - DELL INSPIRON 27" ALL IN ONE
(Owner Furnished Equipment)
33 CLIENT PROVIDED
OFE - GUEST LAPTOPS WITH HDMI OUTPUT
(Owner Furnished Equipment)
2 CLIENT PROVIDED
OFE - CABLE TV RECEIVER WITH HDMI OUTPUT
(Owner Furnished Equipment)
1 CLIENT PROVIDED
OFE - INTERNET FEED FOR NEWS STATIONS
(Owner Furnished Equipment)
2 COMPREHENSIVE
VIDEO
CABLE, 6' ULTRA HIGH SPEED 8K 48G HDMI, BLACK
3 74
JCI City of Carson E.O.C. Project Response Page 18 of 40
AUDIO/CONTROL SYSTEM
QSC SYSTEM, UNIFIED SERIES CORE W/ 24 LOCAL I/O
CHANNELS, 1R U
1 QSC SOFTWARE LICENSE, Q-SYS DANTE 32x32 CHANNEL,
PERPETUAL
1 QSC SOFTWARE LICENSE, Q-SYS CORE 110 UCI
DEPLOYMENT,
PERPETUAL
1 QSC SOFTWARE LICENSE, Q-SYS CORE 110
SCRIPTING ENGINE, PERPETUAL
1 QSC Q-SYS PERIPHERAL PROVIDING CONTROL EXPANSION
W/1IR
RCV/4IR E
1 QSC NETWORK I/O EXPANDER, 4 SERIAL COMMUNICATION
I/O
1 QSC TRAY, RACK MOUNT AND BALNKING PANELS, UP TO 4
UNITS
1 QSC CONTROLLER, 10.1" TOUCH PANEL FOR IN-WALL
MOUNT, BLACK
1 QSC TABLETOP MOUNTING ACCESSORY FOR TSC-70-G3 /
TSC-101W- G3
1 APPLE COMPUTER IPAD PRO, 11", 128GB, WI-FI, silver 6
IPORT CASE, 10.9" IPAD AIR 4TH GEN (BLACK) 6
IPORT BASE STATION, CONNECT PRO, BLACK 6
CISCO Wi-Fi Access Point - CB150AX 1
SHURE MICROPHONE, 24" CEILING ARRAY, SQUARE, WHITE 6
SHURE RECEIVER, DUAL DIGITAL WIRELESS W/INTERNAL PW R
SUP, 1/2 WAVE
1 SHURE BRACKET, MOUNT AND BNC ADAPTER FOR REMOTE
ANTENNA
2 SHURE CABLE, 25' UHF REMOTE ANTENNA EXTENSION 1
SHURE CABLE, 50' UHF 1
SHURE DIGITAL WIRELESS BODYPACK TRANSMITTER W/MINI 4-
PIN CONNECTOR
2 SHURE MICROFLEX CARDIOID LAVALIER MICROPHONE 2
SHURE DUAL DOCKING CHARGER W/OUT POWER SUPPLY 1
QSC SPEAKER, 6.5" CEILING LOW PROFILE, 70/100V (ORD ER
IN PAIRS)
6 QSC AMPLIFIER, 4 CHANNEL 1/2 RU, ENERGY STAR 1
QSC AMPLIFIER, 2 CHANNEL 1/2 RU, ENERGY STAR 1
NETGEAR SWITCH, M2450 40G8F POE PLUS MNGD SW 1
CONFERENCING - BYOM
75 JCI City of Carson E.O.C. Project Response Page 19 of 40
QSC CAMERA, 20X OPTICAL ZOOM PTX, POE W/WALL MNT
BRACKE T
3 QSC BRACKET, CEILING MOUNT FOR PTZ CAMERA 3
QSC ALLOCATION FOR CONFERENCING COMPUTER 1
LOGITECH KEYBOARD/MOUSE COMBO, WIRELESS DESKTOP
WAVE MK550
3 LIBERTY WIRE AND
CABLE
EXTENDER, USB 2.0 SET
3 Mfg.
Description
Qty.
COMPREHENSIVE
VIDEO
CABLE, 6' USB 2.0 TO B MALE
3 COMPREHENSIVE
VIDEO
CABLE, 6' ULTRA HIGH SPEED 8K 48G HDMI, BLACK
3 RACK EQUIPMENT
MIDDLE ATLANTIC
RACK, 41 SPACE 38" DEEP MULTIBAY BRG RK
2 MIDDLE ATLANTIC FAN TOP, INTEGRATED 552 CFM DC, INC LUDES 8 FANS 2 MIDDLE ATLANTIC DOOR, VENTED FRONT, FITS 41 SPACE B GR SERIES RAC
2 MIDDLE ATLANTIC SIDE PANELS, 41SP/38DP - BGR 2
SURGEX
POWER CONDITIONER, RACK MOUNT 1RU 9 OUTLET 20
AMP W/REMOTE
4 MIDDLE ATLANTIC SCREW, W/WASHER PHILLIPS 10-32 (100 PC) 1 MIDDLE ATLANTIC NUT, 10/32 CAGE 2
MIDDLE ATLANTIC RACKSHELF, 1 SPACE VENTED, 4PK 2
MIDDLE ATLANTIC 1 SPACE (1 3/4") VENT PANEL, 64% OP EN AREA 8 MIDDLE ATLANTIC 2 SPACE (3 1/2") VENT PANEL, 64% OP EN AREA 8 MIDDLE ATLANTIC "L" SHAPED LACING BAR, 10 PC. PACK 2
DELL OR EQUAL ALLOCATION FOR NEWS FEED COMPUTER 2
Devi ce War ranty - 5 Years
SAMSUNG 110" Wall Display – Includes Advanced Repla cement Kit 3 SAMSUNG 55" Display 2
RGB SPECTRUM GALILEO Video Controller, Software, Eq uipment 1
Room Support and Maintenance
Preventative Maintenance Agreement 60 Months
76 JCI City of Carson E.O.C. Project Response Page 20 of 40
E. TABLE B: COST SHEET
Description Price
Labor: The installation includes A/V Systems integr ation with the Qumulex system, systems engineering, documentation, drawings and progra mming, material installation, all fabri cat ion with $356,025.47
modifi cat ions, assembly on and off pre mises, testing , commissioning, custo mer tra ining, and project managem ent on and off premises. (*Prevailing Wages)
La bor: Wire i n s t a l l a t i o n , test ing w it h c e r t i f i c a t i o n $13,913.04 Wa ges)
Total Bid: $369,938.51
Note: Any equipment installation or service provided by an unauthorized party will void the equi pment warranty.
77 F. BIDDER QUALIFICATIONS – CERTIFICATIONS
Johnson Controls, and or AVI-SPL currently maintains the following:
RGB Spectrum: 301 training at RGB HQ in Alameda, CA, within the past year. Certification as an AV Provider of Excellence (APE x) by Infocomm/AVIXA Certified Technology Specialist (CTS) credentials (including CTS, CTS-Design, and CTS-Installation).
An operational office within 50 miles of the proje ct site capable of providing service and support, dedicated experience in control room environments, particularly in command and operation centers, extensive project management experience specific to RGB Spectrum projects, and project managers with 5+ years of experience in similar RGB Spectrum projects.
Recent references demonstrating proficiency with t he required equipment within the same geographic market over the last three years is included in the Item No. 2 Client Reference List.
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