Definitions Obligations. This refers to a single tax- exempt governmental obligation if Form 8038-GC is used for separate reporting or to multiple tax-exempt governmental obligations if the form is used for consolidated reporting. Tax-exempt obligation. This is any obligation including a bond, installment purchase agreement, or financial lease on which the interest is excluded from income under section 103. Tax-exempt governmental obligation. A tax-exempt obligation that isn’t a private activity bond (see below) is a tax-exempt governmental obligation. This includes a bond issued by a qualified volunteer fire department under section 150(e). Private activity bond. This includes an obligation issued as part of an issue in which: • More than 10% of the proceeds are to be used for any private activity business use, and • More than 10% of the payment of principal or interest of the issue is either (a) secured by an interest in property to be used for a private business use (or payments for such property) or (b) to be derived from payments for property (or borrowed money) used for a private business use. It also includes a bond, the proceeds of which (a) are to be used to make or finance loans (other than loans described in section 141(c)(2)) to persons other than governmental units and (b) exceeds the lesser of 5% of the proceeds or $5 million. Issue. Generally, obligations are treated as part of the same issue only if they are issued by the same issuer, on the same date, and as part of a single transaction, or a series of related transactions. However, obligations issued during the same calendar year (a) under a loan agreement under which amounts are to be advanced periodically (a “draw- down loan”) or (b) with a term not exceeding 270 days, may be treated as part of the same issue if the obligations are equally and ratably secured under a single indenture or loan agreement and are issued under a common financing arrangement (for example, under the same official statement periodically updated to reflect changing factual circumstances). Also, for obligations issued under a draw- down loan that meets the requirements of the preceding sentence, obligations issued during different calendar years may be treated as part of the same issue if all of the amounts to be advanced under the draw-down loan are reasonably expected to be advanced within 3 years of the date of issue of the first obligation. Likewise, obligations (other than private activity bonds) issued under a single agreement that is in the form of a lease or installment sale may be treated as part of the same issue if all of the property covered by that agreement is reasonably expected to be delivered within 3 years of the date of issue of the first obligation. Arbitrage rebate. Generally, interest on a state or local bond isn’t tax-exempt unless the issuer of the bond rebates to the United States arbitrage profits earned from investing proceeds of the bond in higher yielding nonpurpose investments. See section 148(f).
Construction issue. This is an issue of tax- exempt bonds that meets both of the following conditions: 1. At least 75% of the available construction proceeds of the issue are to be used for construction expenditures with respect to property to be owned by a governmental unit or a 501(c)(3) organization, and 2. All of the bonds that are part of the issue are qualified 501(c)(3) bonds, bonds that aren’t private activity bonds, or private activity bonds issued to finance property to be owned by a governmental unit or a 501(c)(3) organization. In lieu of rebating any arbitrage that may be owed to the United States, the issuer of a construction issue may make an irrevocable election to pay a penalty. The penalty is equal to 1-1/2% of the amount of construction proceeds that do not meet certain spending requirements. See section 148(f)(4)(C) and the Instructions for Form 8038-T. Specific InstructionsIn general, a Form 8038-GC must be completed on the basis of available information and reasonable expectations as of the date of issue. However, forms that are filed on a consolidated basis may be completed on the basis of information readily available to the issuer at the close of the calendar year to which the form relates, supplemented by estimates made in good faith. Part I—Reporting Authority Amended return. An issuer may file an amended return to change or add to the information reported on a previously filed return for the same date of issue. If you are filing to correct errors or change a previously filed return, check the Amended Return box in the heading of the form. The amended return must provide all the information reported on the original return, in addition to the new corrected information. Attach an explanation of the reason for theamended return and write across the top “Amended Return Explanation.” Line 1. The issuer’s name is the name of the entity issuing the obligations, not the name of the entity receiving the benefit of the financing. In the case of a lease or installment sale, the issuer is the lessee or purchaser. Line 2. An issuer that doesn’t have an employer identification number (EIN) should apply for one online by visiting the IRS website at www.irs.gov/EIN. The organization may also apply for an EIN by faxing or mailing Form SS-4 to the IRS. Lines 3 and 4. Enter the issuer’s address or the address of the designated contact person listed on line 6. If the issuer wishes to use its own address and the issuer receives its mail in care of a third party authorized representative (such as an accountant or attorney), enter on the street address line “C/O” followed by the third party’s name and street address or P.O. box. Include the suite, room, or other unit number after the street address. If the post office doesn’t deliver
purchase. For line 9d, enter the type of item that is leased. For lines 9e through 9h, enter the amount on the appropriate line that represents a bank loan. For line 9h, enter the type of bank loan. Lines 9i and 9j. For line 9i, enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds, including proceeds that will be used to fund an escrow account for this purpose. Several lines may apply to a particular obligation. For example, report on lines 9i and 9j obligations used to refund prior issues which represent loans from the proceeds of another tax-exempt obligation. Line 9k. Enter on line 9k the amount on line 8a that doesn’t represent an obligation described on lines 9a through 9j. Line 10. Check this box if the issuer has designated any issue as a “small issuer exception” under section 265(b)(3)(B)(i)(III).Line 11. Check this box if the issue is a construction issue and an irrevocable election to pay a penalty in lieu of arbitrage rebate has been made on or before the date the bonds were issued. The penalty is payable with a Form 8038-T for each 6-month period after the date the bonds are issued. Don’t make any payment of penalty in lieu of rebate with Form 8038-GC. See Rev. Proc. 92-22, 1992-1 C.B. 736, for rules regarding the “election document.” Line 12. Enter the name of the vendor or bank who is a party to the installment purchase agreement, loan, or financial lease. If there are multiple vendors or banks, the issuer should attach a schedule. Line 13. Enter the employer identification number of the vendor or bank who is a party to the installment purchase agreement, loan, or financial lease. If there are multiple vendors or banks, the issuer should attach a schedule. Signature and Consent An authorized representative of the issuer must sign Form 8038-GC and any applicable certification. Also, write the name and title of the person signing Form 8038-GC. The authorized representative of the issuer signing this form must have the authority to consent to the disclosure of the issuer’s return information, as necessary to process this return, to the person(s) that has been designated in this form. Note: If the issuer authorizes on line 6 the IRS to communicate with a person other than an officer or other employee of the issuer (such authorization shall include contact both in writing regardless of the address entered on lines 3 and 4, and by telephone), by signing this form, the issuer’s authorized representative consents to the disclosure of the issuer’s return information, as necessary to process this return, to such person.
Paid Preparer If an authorized representative of the issuer filled in its return, the paid preparer’s space should remain blank. Anyone who prepares the return but does not charge the organization shouldn’t sign the return. Certain others who prepare the return shouldn’t sign. For example, a regular, full-time employee of the issuer, such as a clerk, secretary, etc., shouldn’t sign. Generally, anyone who is paid to prepare a return must sign it and fill in the other blanks in the Paid Preparer Use Only area of the return. A paid preparer cannot use a social security number in the Paid Preparer Use Only box. The paid preparer must use a preparer tax identification number (PTIN). If the paid preparer is self-employed, the preparer should enter his or her address in the box. The paid preparer must: •Sign the return in the space provided for thepreparer’s signature, and•Give a copy of the return to the issuer.Paperwork Reduction Act NoticeWe ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for tax exempt organizations filing this form is approved under OMB control number 1545-0047 and is included in the estimates shown in the instructions for their information return. If you have suggestions for making this form simpler, we would be happy to hear from you. You can send us comments through www.irs.gov/FormComments. Or you can write to: Internal Revenue Service Tax Forms and Publications 1111 Constitution Ave. NW, IR-6526 Washington, DC 20224 Do not send Form 8038-GC to this address. Instead, see Where To File, earlier.
Dell Financial Services Private Entity Master Lease AgreementDATE
Reference: Page 1 of 5 Master Lease Agreement_NOV2018
MASTER LEASE AGREEMENT NO. EFFECTIVE DATE: LESSOR: DELL FINANCIAL SERVICES L.L.C. Mailing Address: One Dell WayRound Rock, TX 78682 LESSEE: Principal Address: Fax: Attention: This Master Lease Agreement ("Agreement"), effective as of the Effective Date set forth above, is between the Lessor and Lessee named above. Capitalized terms have the meaning set forth in this Agreement. 1. LEASE.Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the equipment (”Products”), software, services or fees described in any lease schedule (“Schedule”). Each Schedule shall incorporate by reference the terms and conditions of this Agreement and contain such other terms as are agreed by Lessee and Lessor. Each Schedule signed or otherwise authenticated by Lessee and Lessor shall constitute a separate lease of Products ("Lease"). In the event of any conflict between the terms of a Schedule and the terms of this Agreement, the terms of the Schedule shall prevail. Lessor reserves all rights to the Products not specifically granted to Lessee in this Agreement or in a Schedule. Execution of this Agreement does not create an obligation of either party to lease to or from the other. 2. ACCEPTANCE DATE; SCHEDULE.(a) Subject to any right of return provided by the Product seller (“Seller”),named on the Schedule, Products are deemed to have been irrevocablyaccepted by Lessee upon delivery to Lessee’s ship to location(“Acceptance Date”). Lessee shall be solely responsible for unpacking,inspecting and installing the Products.(b) Lessor shall deliver to Lessee a Schedule for Products. Provided that the Schedule contains no material error, Lessee agrees to sign orotherwise authenticate and return each Schedule by the later of theAcceptance Date or 5 days after Lessee receives a Schedule from Lessor. If the Schedule is not signed or otherwise authenticated by Lessee andreturned to Lessor within the time provided in the prior sentence, then upon written notice from Lessor and Lessee’s failure to cure within 5 days ofsuch notice, Lessor may require the Lessee to purchase the Products bypaying the Product cost charged by the Seller, plus any shipping charges,Taxes and Duties (defined below) and interest at the Overdue Rate(defined below) accruing from the date the Products are shipped throughthe date of payment. If Lessee returns any leased Products in accordance with the Seller’s return policy, it will notify Lessor. When Lessor receivesa credit from Seller for the returned Product, the Schedule will be deemedamended to reflect the return of the Product and Lessor will adjust its billing records and Lessee’s invoice for the applicable Lease. In addition, Lessee and Lessor agree that a signed Schedule may be amended by writtennotice from Lessor to Lessee provided such notice is (i) to correct the serial (or service tag) number of Products or (ii) to adjust the related Rent(defined below) on the Schedule (any increase up to 15% or any decrease) caused by any change made by Lessee in Lessee’s order with the Seller.3. TERM.The initial term (“Primary Term”) for each Lease shall begin on the date set forth on the Schedule as the Commencement Date (“Commencement Date”) and continue for the number of months set forth in the Schedule. The period beginning on the Acceptance Date and ending on the last day of the Primary Term, together with any renewals or extensions thereof, is defined as the “Lease Term”. The Lease is non-cancelable by Lessee. 4. RENT; TAXES; PAYMENT OBLIGATION.(a) The rental payment amount ("Rent") and the payment period for each installment of Rent (“Payment Period”) shall be stated in the Schedule. Aprorated portion of Rent, calculated on a 30-day month, 90-day quarter or360-day year as appropriate, for the period from the Acceptance Date tothe Commencement Date shall be added to the first payment of Rent. AllRent and other amounts due and payable under this Agreement or anySchedule shall be paid to Lessor in lawful funds of the United States ofAmerica at the payment address set forth above or at such other addressas Lessor may designate from time to time in writing. Whenever Rent andother amounts payable under a Lease are not paid when due, Lessee shall pay interest on such amounts at a rate equal to the lesser of 1-1/2% permonth or the highest rate permitted by applicable law (“Overdue Rate”).Lessor shall use reasonable commercial efforts to invoice Lessee for allamounts due. The rate factors used for the calculation of the payment arebased in part on similar or like term swap or T-bill rates as published bythe US Federal Reserve Board. In the event the applicable rates changebetween Lessor initially providing the rate factors and the commencementof a Schedule, Lessor reserves the right to change the applicable ratefactor commensurate with the change in the applicable rates.(b) Each Lease shall be a net lease. In addition to Rent, Lessee shallpay sales, use, property, added value or other taxes (excepting taxesbased on Lessor’s income), fees, levies or assessments (collectively,“Taxes”), and customs, duties or surcharges on imports or exports(collectively, "Duties") plus all expenses incurred in connection withLessor’s purchase of the Products, including but not limited to shipment,delivery, installation, and insurance. Unless Lessee provides Lessor witha tax exemption certificate acceptable to the relevant taxing authority priorto Lessor’s payment of such Taxes, Lessee shall pay Lessor all Taxesupon demand by Lessor. Unless otherwise set forth in the Schedule andwhere applicable, Lessee agrees to pay a periodic personal property taxfee (“PPT Fee”) calculated by Lessor as a prorated portion of the annualestimated property tax assessed by the applicable taxing authority on theProducts during the Lease Term. The PPT Fee shall be payable with each installment of Rent.(c) LESSEE'S OBLIGATION TO PAY ALL RENT AND OTHERAMOUNTS WHEN DUE AND TO OTHERWISE PERFORM ASREQUIRED UNDER THIS AGREEMENT AND EACH SCHEDULE SHALL BE ABSOLUTE AND UNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION, SET-OFF, DEFENSE,COUNTERCLAIM, INTERRUPTION, DEFERMENT OR RECOUPMENTFOR ANY REASON WHATSOEVER WHETHER ARISING OUT OF ANYCLAIMS BY LESSEE AGAINST LESSOR, SELLER, OR THE SUPPLIEROR MANUFACTURER OF THE PRODUCTS, TOTAL OR PARTIAL LOSS OF THE PRODUCTS OR THEIR USE OR POSSESSION, OR
Reference: Page 2 of 5 Master Lease Agreement_NOV2018 Internal Use - Confidential OTHERWISE. If any Product is unsatisfactory for any reason, Lessee shall make its claim solely against the Seller of such Product (or the Licensor in the case of Software, each as defined below) and shall, nevertheless, pay Lessor or its assignee all amounts due and payable under the Lease. 5. LICENSED MATERIALS. Software means any operating system software or computer programs included with the Products (collectively, “Software”). ”Licensed Materials” are any manuals and documents, end user license agreements, evidence of licenses, including, without limitation, any certificate of authenticity and other media provided in connection with such Software, all as delivered with or affixed as a label to the Products. Lessee agrees that this Agreement and any Lease (including the sale of any Product pursuant to any purchase option) does not grant any title or interest in Software or Licensed Materials. Any use of the terms "sell," "purchase," "license," "lease," and the like in this Agreement or any Schedule with respect to Software shall be interpreted in accordance with this Section 5. 6. USE; LOCATION; INSPECTION. Lessee shall: (a) comply with all terms and conditions of any Licensed Materials; and (b) possess and operate the Products only (i) in accordance with the Seller’s supply contract and any service provider’s maintenance and operating manuals, the documentation and applicable laws; and (ii) for the business purposes of Lessee. Lessee may move Products from the location specified in the Schedule provided that Lessee notifies Lessor by the following May 31st or November 30th (whichever occurs next), and then only to a location within the United States and at Lessee’s expense. Without notice to Lessor, Lessee may temporarily use laptop computers at other locations, including outside of the United States, provided Lessee complies with the United States Export Control Administration Act of 1979 and the Export Administration Act of 1985, as those Acts are amended from time to time (or any successor or similar legislation). Provided Lessor complies with Lessee’s reasonable security requirements, Lessee shall allow Lessor to inspect the premises where the Products are located from time to time during reasonable hours after reasonable notice in order to confirm Lessee’s compliance with its obligations under this Agreement. 7. RETURN. At the expiration or earlier termination of the Lease Term of any Schedule, and except for Products purchased pursuant to any purchase option under the Lease, Lessee will (a) remove all proprietary data from the Products and (b) return them to Lessor at a place within the contiguous United States designated by Lessor. Upon return of the Products, Lessee‘s right to the operating system Software in returned Products will terminate and Lessee will return the Products with the original certificate of authenticity (attached and unaltered) for the original operating system Software. Lessee agrees to deinstall and package the Products for return in a manner which will protect them from damage. Lessee shall pay all costs associated with the packing and return of the Products and shall promptly reimburse Lessor for all costs and expenses for missing or damaged Products or operating system Software. If Lessee fails to return all of the Products at the expiration of any applicable Lease Term, the Lease Term with respect to the Products that are not returned shall continue to be renewed as described in the Schedule. 8. RISK OF LOSS; MAINTENANCE; INSURANCE. (a) From the date the Products are delivered to Lessee’s ship to location until the Products are returned to Lessor’s designated return location or purchased by Lessee, Lessee agrees: (i) to assume the risk of loss or damage to the Products; (ii) to maintain the Products in good operating condition and appearance, ordinary wear and tear excepted; (iii) to comply with all requirements necessary to enforce all warranty rights; and (iv) to promptly repair any repairable damage to the Products. During the Lease Term, Lessee at its sole discretion has the option to purchase a maintenance agreement from the provider of its choice (including, if it so chooses, to self-maintain the Products) or to forgo such maintenance agreement altogether; regardless of Lessee's choice, Lessee will continue to be responsible for its obligations as stated in the first sentence of this Section. At all times, Lessee shall provide the following insurance: (i) casualty loss insurance for the Products for no less than the Stipulated Loss Value (defined below) naming Lessor as loss payee; and (ii) liability insurance with respect to the Products in an amount as required by Lessor, naming Lessor as an additional insured. Upon Lessor’s prior written consent, Lessee may provide this insurance pursuant to Lessee’s existing self insurance policy. Lessee shall either provide Lessor with an annual certificate of third party insurance or a written description of its self insurance policy, as applicable. The certificate of insurance will provide that Lessor shall receive at least ten (10) days prior written notice of any material change to or cancellation of the insurance policy. (b) If the Products are lost, stolen, destroyed, damaged beyond repair or in the event of any condemnation, confiscation, seizure or expropriation of any Products (“Casualty Products”), Lessee shall promptly (i) notify Lessor of the same, and (ii) pay to Lessor the Stipulated Loss Value for the Casualty Products. The “Stipulated Loss Value” of any Product is an amount equal to the sum of (a) all Rent and other amounts then due and owing (including interest at the Overdue Rate from the due date until payment is received) under the Lease, plus (b) the present value of all future Rent to become due under the Lease during the remainder of the Lease Term, plus (c) the present value of the estimated in place Fair Market Value of the Product at the end of the Primary Term as determined by Lessor. Each of (b) and (c) shall be calculated using the discount rate of the Federal Reserve Bank of Chicago on the Commencement Date of the applicable Schedule. 9. ALTERATIONS. Lessee shall, at its expense, make such alterations to Products during the Lease Term as are legally required or provided at no charge by Seller. Lessee may make other alterations, additions or improvements to Products provided that any alteration, addition or improvement shall be readily removable and shall not materially impair the value or utility of the Product. Upon the return of any Product to Lessor, any alteration, addition or improvement that is not removed by Lessee shall become the property of Lessor, free and clear of all liens and encumbrances. 10. REPRESENTATIONS AND WARRANTIES OF LESSEE. (a) Lessee represents, warrants and covenants to Lessor at the time Lessee enters into this Agreement and each Schedule that: (i) Lessee is an entity duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization and in all jurisdictions with respect to which its ownership or its conduct of business or leasing of property requires such qualification; (ii) The execution and delivery of and performance under this Agreement, any Schedules, Certificates of Incumbency or other documents related to a Lease (”Documents”) to which Lessee is a party have been authorized by all necessary action, and have been executed and delivered on Lessee's behalf by persons duly authorized in that regard. The Documents constitute legal, valid and binding agreements of Lessee, enforceable against Lessee in accordance with their respective terms except as limited by bankruptcy or other similar laws; (iii) The execution and delivery of or performance under the Documents do not contravene Lessee’s charter or bylaws or any law, regulation, order, writ, decree, judgment, or other form of prohibition of which Lessee is aware is binding on it or its assets; and does not and will not contravene the provisions of, or constitute a default under, or result in the creation of a lien upon the Products under any material indenture, mortgage, contract, or other instrument to which it is a party or by which it or its assets are bound; (iv) To the best of Lessee’s knowledge, there is no action, suit or proceeding pending or, to the knowledge of Lessee, threatened in any court or tribunal or before any competent authority against Lessee or any of its property or assets which challenges the Documents or any of the transactions contemplated hereunder or which may have a material adverse effect on the financial condition or business of Lessee; and (v) The financial statements and other information furnished and to be furnished to Lessor by Lessee are and shall be true and correct in all material respects, and since the date that such financial statements or information were prepared, there has not been any material adverse change in Lessee’s business or condition, financial or otherwise.
Reference: Page 3 of 5 Master Lease Agreement_NOV2018 Internal Use - Confidential (b) If any person guarantees payment or performance by Lessee of any liabilities or obligations of Lessee under this Agreement or any Schedule (a "Guarantor"), the preceding representations, warranties and covenants shall be deemed to be made by Lessee on behalf of such Guarantor as if such Guarantor were named in addition to Lessee therein. 11. WARRANTY ASSIGNMENT; EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY; FINANCE LEASE. (a) Provided no Event of Default has occurred and is continuing, Lessor assigns to Lessee for the Lease Term the benefit of any Product warranty and any right of return provided by any Seller. (b) LESSEE ACKNOWLEDGES THAT LESSOR DID NOT SELECT, MANUFACTURE, SUPPLY OR LICENSE ANY PRODUCT AND THAT LESSEE HAS MADE THE SELECTION OF PRODUCTS BASED UPON ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE ON STATEMENTS MADE BY LESSOR OR ITS AGENTS. LESSOR LEASES THE PRODUCTS AS-IS AND MAKES NO WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES ANY CLAIM IT MIGHT HAVE AGAINST LESSOR OR ITS ASSIGNEE FOR ANY LOSS, DAMAGE OR EXPENSE CAUSED BY OR WITH RESPECT TO ANY PRODUCTS. (c) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY SCHEDULE OR THE SALE, LEASE OR USE OF ANY PRODUCTS, EVEN IF THE OTHER PARTY IS ADVISED IN ADVANCE OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES AND EVEN IF THAT PARTY ASSERTS OR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT. (d) Lessee agrees that it is the intent of both parties that each Lease qualify as a statutory finance lease under Article 2A of the Uniform Commercial Code (“UCC”). Lessee acknowledges either (i) that Lessee has reviewed and approved any written supply contract covering the Products purchased from the Seller for lease to Lessee or (ii) that Lessor has informed or advised Lessee, in writing, either previously or by this Agreement, that Lessee may have rights under the supply contract evidencing the purchase of the Products and that Lessee should contact the Seller for a description of any such rights. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LESSEE HEREBY WAIVES ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A of the UCC. 12. EVENTS OF DEFAULT. It shall be an event of default hereunder and under any Schedule ("Event of Default") if: (a) Lessee fails to pay any Rent or other amounts payable under this Agreement or any Schedule within 30 days after the date that such payment is due; (b) Any representation or warranty made by Lessee or any Guarantor to Lessor in connection with this Agreement, any Schedule or any other Document is at the time made materially untrue or incorrect; (c) Lessee fails to comply with any other obligation or provision of this Agreement or any Schedule and such failure shall have continued for 30 days after notice from Lessor; (d) Lessee (i) is generally not paying its debts as they become due or (ii) takes action for the purpose of invoking the protection of any bankruptcy or insolvency law, or any such law is invoked against or with respect to Lessee or its property and such petition is not dismissed within 60 days; or (e) Lessee or any Guarantor is in default under any other lease, contract, or obligation now existing or hereafter entered into with Lessor or Seller or any assignee of Lessor. 13. REMEDIES. (a) Upon an Event of Default under any Schedule, all of Lessee's rights (including its rights to the Products), but not its obligations thereunder, shall automatically be cancelled without notice and Lessor may exercise one or more of the following remedies in its sole discretion: (i) require Lessee to return any or all Products as provided in Section 7 and/or if requested by Lessor, assemble the Products in a single location designated by Lessor granting Lessor the right to enter the premises where such Products are located for the purpose of repossession; (ii) sell, lease or otherwise dispose of any or all Products (as agent and attorney-in-fact for Lessee to the extent necessary) upon such terms and in such manner (at public or private sale) as Lessor deems advisable in its sole discretion (a "Disposition"); (iii) declare immediately due and payable as a pre-estimate of liquidated damages for loss of bargain and not as a penalty, the Stipulated Loss Value of the Products in lieu of any further Rent, in which event Lessee shall pay such amount to Lessor within 10 days after the date of Lessor’s demand; or (iv) proceed by appropriate court action either at law or in equity (including an action for specific performance) to enforce performance by Lessee or recover damages associated with such Event of Default or exercise any other remedy available to Lessor in law or in equity. (b) Lessee shall pay all costs incurred by Lessor in connection with an Event of Default, including reasonable legal fees and expenses, and all costs related to the repossession, transportation, re-furbishing, storage and Disposition of any or all Products (“Default Expenses”). In the event Lessor recovers proceeds from its Disposition of the Products, Lessor shall credit such proceeds (net of Default Expenses) against the owed Stipulated Loss Value. Lessee shall remain liable to Lessor for any deficiency. With respect to this Section, to the extent the proceeds of a Disposition (net of Default Expenses) exceed the Stipulated Loss Value owed under the Lease, or if Lessee has paid Lessor the Stipulated Loss Value, the Default Expenses and all other amounts owing under the Lease, Lessee shall be entitled to such excess and shall have no further obligations with respect to such Lease. All rights of Lessor are cumulative and not alternative and may be exercised by Lessor separately or together. 14. QUIET ENJOYMENT. Lessor shall not interfere with Lessee's right to possession and quiet enjoyment of Products during the relevant Lease Term, provided no Event of Default has occurred and is continuing. Lessor represents and warrants that as of the Commencement Date of the applicable Schedule, Lessor has the right to lease the Products to Lessee. 15. INDEMNIFICATION. Lessee is responsible for losses, damages, penalties, claims, costs (including attorneys’ fees and expenses), actions, suits and proceedings of every kind, (collectively “Claims”) whether based on a theory of strict liability or otherwise caused by or related to this Lease or the Products, (including any defects in the Products). Upon Lessor’s request Lessee will reimburse and defend Lessor against any Claims. 16. OWNERSHIP; LIENS AND ENCUMBRANCES; LABELS. As between Lessor and Lessee, title to Products (other than any Licensed Materials) is and shall remain with Lessor. Products are considered personal property and Lessee shall, at Lessee's expense, keep Products free and clear of liens and encumbrances of any kind (except those arising through the acts of Lessor) and shall immediately notify Lessor if Lessor’s interest is subject to compromise. Lessee shall not remove, cover, or alter plates, labels, or other markings placed upon Products by Lessor, Seller or any other supplier. 17. NON PERFORMANCE BY LESSEE. If Lessee fails to perform any of its obligations hereunder or under any Schedule, Lessor shall have the right but not the obligation to effect such performance and Lessee shall promptly reimburse Lessor for all out of pocket and other reasonable expenses incurred in connection with such performance, with interest at the Overdue Rate. 18. NOTICES.
Reference: Page 4 of 5 Master Lease Agreement_NOV2018 Internal Use - Confidential All notices shall be given in writing and, except for billings and communications in the ordinary course of business, shall be delivered by overnight courier service, delivered personally or sent by certified mail, return receipt requested and shall be effective from the date of receipt unless mailed, in which case the effective date will be 4 Business Days after the date of mailing. Notices to Lessor by Lessee shall be sent to: Dell Financial Services L.L.C., Legal Department, One Dell Way, Round Rock, TX 78682, or such other mailing address designated in writing by Lessor. Notice to Lessee shall be to the address on the first page of this Agreement or such other mailing address designated in writing by Lessee. 19. ASSIGNMENT. (a) LESSEE MAY ASSIGN THIS AGREEMENT OR ANY SCHEDULE, OR SUBLEASE ANY PRODUCT(S) WITH THE PRIOR WRITTEN CONSENT OF LESSOR (SUCH CONSENT NOT TO BE UNREASONABLY WITHHELD). LESSOR, AT ITS SOLE DISCRETION, MAY ASSESS AN ADMINISTRATIVE FEE FOR ANY APPROVED ASSIGNMENT OR SUBLEASE. No assignment or sublease shall in any way discharge Lessee’s obligations to Lessor under this Agreement or any Schedule. (b) Lessor may at any time and without notice, but subject to the rights of Lessee, transfer, assign, or grant a security interest in any Product, this Agreement, any Schedule, or any rights and obligations hereunder or thereunder, in whole or in part. (c) Subject to the foregoing, this Agreement and each Schedule shall be binding upon and inure to the benefit of Lessor, Lessee and their successors and assigns. 20. GOVERNING LAW; JURISDICTION AND VENUE; WAIVER OF JURY TRIAL. THIS AGREEMENT AND EACH SCHEDULE SHALL BE GOVERNED BY TEXAS LAW WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND, TO THE EXTENT APPLICABLE, THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. LESSEE CONSENTS TO THE JURISDICTION OF ANY FEDERAL COURT LOCATED IN TRAVIS COUNTY, TEXAS AND WAIVES ANY OBJECTION TO VENUE, AND FURTHER WAIVES ANY RIGHT TO A TRIAL BY JURY. 21. MISCELLANEOUS. (a) The headings used in this Agreement are for convenience only and shall have no legal effect. This Agreement shall be interpreted without any strict construction in favor of or against either party. (b) The provisions of Sections 5, 10, 11(b), 11(c), 11(d), 15, 20 and 21 shall continue in full force and effect even after the term or expiration of this Agreement or any Schedule. (c) Failure of Lessor at any time to require Lessee's performance of any obligation shall not affect the right to require performance of that obligation. No term, condition or provision of this Agreement or any Schedule shall be waived or deemed to have been waived by Lessor unless it is in writing and signed by a duly authorized representative of Lessor. A valid waiver is limited to the specific situation for which it was given. (d) Lessee shall furnish such financial statements of Lessee and any Guarantor (prepared in accordance with generally accepted accounting principles) and other financial information, Certificates of Incumbency or other documents related to a Lease as Lessor may from time to time reasonably request. (e) If any provision(s) of this Agreement is deemed invalid or unenforceable to any extent (other than provisions going to the essence of this Agreement) the same shall not in any respect affect the validity, legality or enforceability (to the fullest extent permitted by law) of the remainder of this Agreement, and the parties shall use their best efforts to replace such illegal, invalid or unenforceable provisions with an enforceable provision approximating, to the extent possible, the original intent of the parties. (f) Unless otherwise provided, all obligations hereunder shall be performed or observed at the respective party’s expense. (g) Lessee shall take any action reasonably requested by Lessor for the purpose of fully effectuating the intent and purposes of this Agreement or any Schedule. The parties intend for each Lease to constitute a true lease under the UCC and all applicable laws; however, if any Lease is determined to be other than a true lease, Lessee hereby grants to Lessor a first priority security interest in the Products and all proceeds thereof. Lessee acknowledges that by signing this Agreement, Lessee has authorized Lessor to file any financing statements or related filings as Lessor may reasonably deem necessary or appropriate. Lessor may file a copy of this Agreement or any Schedule in lieu of a financing statement. (h) This Agreement and any Schedule may be signed in any number of counterparts each of which when so executed or otherwise authenticated and delivered shall be an original but all counterparts shall together constitute one and the same instrument. To the extent each Schedule would constitute chattel paper as such term is defined in the UCC, no security interest may be created through the transfer or control or possession, as applicable, of a counterpart of a Schedule other than the original in Lessor’s possession marked by Lessor as either “Original” or “Counterpart Number 1”. (i) If any Lease is determined to be a lease intended as security, in no event shall Lessee be obligated to pay any time price balance differential in excess of the maximum amount permitted by applicable law (as specified herein or the state where the Products are located, whichever law permits the greater amount). In the event Lessor shall receive anything of value under a Lease that is deemed interest which would exceed the maximum amount of interest allowed under the law, the excess amount shall be applied to the reduction of the unpaid time price balance or shall be refunded to Lessee. In order to reduce the unpaid time price balance, any amount deemed interest shall, to the fullest extent permitted by applicable law, be amortized and spread uniformly throughout the Lease Term. (j) This Agreement and the Schedules hereto between Lessor and Lessee set forth the entire agreement between the parties and supersede and merge all prior written or oral communications, understandings, or agreements between the parties relating to the subject matter contained herein. Except as permitted herein, this Agreement and any Schedule may be amended only by a writing duly signed or otherwise authenticated by Lessor and Lessee. (k) If Lessee delivers this signed Master Lease, or any Schedule, amendment or other document related to the Master Lease (each a “Document”) to Lessor by facsimile transmission, and Lessor does not receive all of the pages of that Document, Lessee agrees that, except for any pages which require a signature, Lessor may supply the missing pages to the Document from Lessor’s database which conforms to the version number at the bottom of the page. If Lessee delivers a signed Document to Lessor as an e-mail attachment, facsimile transmission or by U.S. mail, Lessee acknowledges that Lessor is relying on Lessee’s representation that the Document has not been altered. Lessee further agrees that, notwithstanding any rule of evidence to the contrary, in any hearing, trial or proceeding of any kind with respect to a Document, Lessor may produce a tangible copy of the Document transmitted by Lessee to Lessor by facsimile or as an e-mail attachment and such signed copy shall be deemed to be the original of the Document. To the extent (if any) that the Document constitutes chattel paper under the Uniform Commercial Code, the authoritative copy of the Document shall be the copy designated by Lessor or its assignee, from time to time, as the copy available for access and review by Lessee, Lessor or its assignee. All other copies are deemed identified as copies of the authoritative copy. In the event of inadvertent destruction of the authoritative copy, or corruption of the authoritative copy for any reason or as the result of any cause, the authoritative copy may be restored from a backup or archive copy, and the restored copy shall become the authoritative copy. At Lessor’s option, this electronic record may be converted into paper form. At such time, such paper copy will be designated or marked as the authoritative copy of the Document.
Reference: Page 5 of 5 Master Lease Agreement_NOV2018 Internal Use - Confidential EXECUTED by the undersigned on the dates set forth below, to be effective as of the Effective Date. “Lessee” BY: NAME: TITLE: DATE: Dell Financial Services L.L.C. “Lessor”BY: NAME: TITLE: DATE:
Instructions for completing the attachedof Incumbency and Authority form.___________________________________of , (the “Lessee”); (ii) each ofwhosetitleNAME OF AUTHORIZED TITLE OF AUTHORIZED SIGNATURE OF AUTHORIZEDSIGNATORY SIGNATORY SIGNATORY__________________________ __________________________ ____________________________________________________ __________________________ ____________________________________________________ __________________________ ____________________________________________________ __________________________ __________________________By:_________________________________________Name: ______________________________________Title:________________________________________Date: _______________________________________ or more other people tomulti-year-(CEO, CFO, CTO,Viceor Secretary). etc.) toa multi-yearthat will create a liabilityauthoritybeauthorized3.thetitle of theNo. 1 LESSEE’S CERTIFICATE OF INCUMBENCYAND AUTHORITYle No. ___________- has NAME OF AUTHORIZED TITLE OF AUTHORIZED SIGNATURE OF AUTHORIZEDSIGNATORY SIGNATORY SIGNATORY__________________________ __________________________ ____________________________________________________ __________________________ ____________________________________________________ __________________________ ____________________________________________________ __________________________ __________________________By:_________________________________________Name: ______________________________________Title:________________________________________Date: _______________________________________ofAuthority - MLA
Dell Financial ServicesBilling and Schedule InformationWelcome to Dell Financial Services (DFS). We look forward to establishing a long-lasting relationship with you and your team. To ensure your account is setup properly in our systems please provide the information below, working with your Accounts Pay-able team as needed. Once ready, return it to your DFS Sales Representative or send it to [email protected]. If you have any questions about the form, contact your representative. Thank you.I. Preparing Your A/P System to Remit DFS Payments:Below is the most commonly requested information by our customers to assist them in setting up their systems to successfullyremit DFS payments. If you require any other information, please contact your representative.ACH Instructions (preferred)Wire Transfer InstructionsPayee InformationJPMorgan Chase Bank, N.A.1 Chase Manhattan PlazaNew York, NY 10081DFS Accounts OnlyABA # 021000021Account # 432217011MUST INCLUDE CONTRACT & SCHEDULE NUMBER OR INVOICE NUMBEREmail remittance to [email protected] Chase Bank, N.A.1 Chase Manhattan PlazaNew York, NY 10081 DFS Accounts OnlyABA # 021000021Account # 432217011MUST INCLUDE CONTRACT & SCHEDULE NUMBER OR INVOICE NUMBEREmail remittance to [email protected] JPM Swift Code for international wires only: CHASUS33Dell Financial Services L.L.C. Payment Processing CenterFederal Tax ID# 74-2825828 PO Box 6549 Carol Stream, IL 60197-6549II. Your Company Information:Company Name:Physical Address (primary location):City, State, ZIP:Federal Tax ID:III. Schedules:Name of recipient(s) to receive monthly schedules for reconciliation:Attention: Email Address:Name of individual(s) that will sign schedules Attention: Title:Telephone Number: Email Address:Would you prefer to sign your documents electronically via Echosign? Yes No (not available to Public entities)Do any of the following criteria need to appear on your schedule?* Cost Center Equipment Type Equipment Location PO Number*Invoices will follow the format of the schedule and include a breakout of the items above if requested.IV. Purchase Orders:Your PO should be issued to Dell Financial Services L.L.C.If you are unable to issue purchase orders to DFS please specify how the PO Number will be issued:Do you utilize blanket PO Numbers? Yes NoDFS will consolidate shipped orders and place on a schedule for your review. If you have any special consolidation requirements,please contact your DFS Sales representative.Is board approval necessary? Yes No If yes, when are meetings held?Fiscal Year is from to VIII. Additional Tax Information:Sales/Use Tax Exemption:-icates intended for Leases should be issued to Dell Financial Services L.L.C., and those for Loans should be issued to the productvendor. Where required, sales/use taxes will be assessed and invoiced to DFS by the vendor.Note: for each state in which the products are located.• Address to Dell Financial Services• Should coincide with the date the schedule is signed• Signed by an authorized employee/owner• CA letter exempting a company from Franchise and Income Tax• W-9 formBusiness Personal Property Tax:-gible property is personal property that can be seen, weighed, measured, felt, or otherwise perceived by the senses but does not include a document that constitutes evidence of a valuable interest, claim, or right and has negligible or no intrinsic value.
VI. Invoice Preferences (choose one from each category):Note: the typical invoice processing time is 30 days. If you require more time, please contact your DFS Sales Representative.Invoice Options: Contract Level (one invoice per contract)Consolidated (one invoice for all contracts that have the same due date)Invoice Format: Detail (asset level) SummaryDelivery Format: Paper (USPS) PDF (paper copy is not mailed) Electronic CSV (converted to Excel)3rd Party Invoicing Tool, Ariba/SAP (enter tool name):Do you need separate invoices for miscellaneous billings? Yes NoDo you require a PO Number on the invoice to process payment? Yes NoV. Invoicing/Billing Contact Information:Accounts Payable (AP) Contact Name:Does this billing address match the primary location above? Yes (If yes, please skip and proceed to Invoice Preference) No AP Address:City, State, ZIP:County: AP Email Address: AP Direct Telephone Number:VII. Taxes and Fees:Is your company/entity tax exempt? Yes NoPersonal Property Tax (PPT): Rebill Annually Monthly Property Management Fee Exhibit F Flex on Demand (FOD) Information
[Customer Name]MASTER LEASE AGREEMENT SCHEDULE NO.PRODUCT SELLER: ProductDescriptionProductLocationLessee PurchaseOrder No.Rent*Primary Term(Mos.)CommencementDate**Total Product Acquisition Cost: END OF LEASE OPTIONS
COMPLETION OF SCHEDULE
MASTER LEASE AGREEMENT SCHEDULE NO. PRODUCT SELLER: ProductDescriptionProductLocationLessee PurchaseOrder No.Rent*Primary Term(Mos.)Commencement Date**Total Product Acquisition Cost: END OF LEASE OPTIONSSECURITY INTERESTCOMPLETION OF SCHEDULE
MLA_Schedule_(HW_or_Software_Only)_Jan2021.doc
[LESSEE NAME] MASTER LEASE AGREEMENT SCHEDULE NO. XXX-XXXXXX-XXX THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEASE AGREEMENT NO.________________AND ANY AMENDMENTS, IF APPLICABLE, ("Agreement") DATED _________________ BETWEEN DELL FINANCIAL SERVICES L.L.C. ("Lessor") AND __________________________________ ("Lessee"). If the entity named on thisSchedule is not the Lessee named under the Agreement, then such entity, if an affiliate of Lessee approved in writing in advance by Lessor, shall be deemed the Lessee under this Schedule.Lessor hereby agrees to lease and/or make available to Lessee subject to the terms, conditions and provisions set forth in this Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. PRODUCT DESCRIPTION AND LOCATION:See below or Exhibit “A” attached to and made a part hereof.PRODUCT SELLER: [Dell, One Dell Way, Round Rock, TX 78682 / OTHER VENDOR NAME] Product Description Product Location Lessee Purchase Order No. Rent* Primary Term (Mos.) Commencement Date**Total Product Acquisition Cost: $_____________________ Rent is payable: ____in advance; ____in arrears [specify] Interest Rate: _________% Payment Period: ____ Monthly ____ Quarterly ____ Annually ____ Other (specify ______________) *Lessee is responsible for applicable taxes, shipping and other amounts as described in the Agreement, and, with the first payment ofRent, any prorated Rent if applicable. Such amounts are further described in Exhibit “A”.**The Commencement Date may be extended for one Payment Period until the Schedule is returned in accordance with the terms stated in the Agreement. Lessor may charge Lessee prorated Rent accruing from the Acceptance Date to the Commencement Date, as such date is finally determined. NATURE OF SCHEDULE: Lessee and Lessor acknowledge that this Schedule is strictly a financing arrangement providing for the repayment of a lease purchase in the amount of the Lessor’s Basis (as defined below) made by Lessor to Lessee by performing Lessee’s payment obligations to the Product Seller under Lessee’s Purchase Order referenced above and is to be repaid as and when set forth herein. The amount of the Rent payments provided for herein represents payments of principal and interest on such lease purchase. ACCEPTANCE, MASTER AGREEMENT PROVISIONS, TERMINATION: Lessee agrees that for the purpose of this Schedule, all Products, Software and services covered by this Schedule and identified on Exhibit A have been delivered, installed, and accepted by Lessee. Upon Lessee’s acceptance of the Products under this Schedule, title to the Products shall vest in Lessee. Lessee and Lessor agree that (i) any language in the Agreement pertaining to Lessor’s ownership of the Products, Software and services and (ii) the following sections of the Agreement shall not apply to this Schedule: 7 (Return); 9 (Alterations); 13(a)(ii) (in so far as it purports to provide Lessor a right to sell, lease, or otherwise dispose of the Products consisting of Software licenses that would violate the underlying license agreement); and, 16 (Ownership; Liens and Encumbrances; Labels). Notwithstanding the foregoing, Lessee acknowledges that the remaining terms and conditions of the Agreement shall apply to this Schedule including without limitation: Sections 4 (Rent; Taxes; Payment Obligation); 5 (Licensed Materials); 11 (Warranty Assignment; Exclusion of Warranties; Limitation of Liability; Finance Lease); 15 (Indemnification); and, 21(i) (Limit on Interest Charges). This Schedule shall terminate upon the expiration of the Primary Term without extension or renewal; provided, however, that such termination of the Schedule shall not affect obligations of Lessee accruing prior to the termination.
MLA_Schedule_(HW_or_Software_Only)_Jan2021.doc
ADDITIONAL PROVISIONS: For purposes of this Schedule, the “Lessor’s Basis” shall consist of the following amounts: (i) the Total Product Acquisition Cost set forth above; plus (ii) all other amounts that become due and owing under this Schedule that are not included in the amounts paid to Lessor pursuant to clause (i). As security for Lessee’s obligations hereunder and subject to applicable law and the Software license agreement, Lessee grants Lessor, a first-priority security interest in all of Lessee’s rights and interest in and to the Products (including with respect to any Software or services, Lessee’s right to use the Software and right to obtain the services) and all proceeds thereof (including without limitation any refunds with respect to the Products, Software or services financed under this Schedule (each a “Refund”) that are received by Lessee or that Lessee has a right to receive), free and clear of all security interests, liens or encumbrances whatsoever. Upon Lessor’s written instructions after an Event of Default with respect to this Schedule, Lessee agrees to (a) immediately cease using Software and services, (b) deinstall and delete all copies of the Software from any computer systems owned or controlled by Lessee or used for Lessee's benefit, and (c) provide Lessor with a certificate signed by an authorized representative of Lessee attesting to such cessation of use and maintenance, deinstallation, deletion and destruction. In the event that Lessee shall be entitled to a Refund from the Seller, Software licensor or service provider, Lessee authorizes Lessor to deliver a copy of this Schedule to the such party as evidence of Lessee’s consent to Lessor’s collection and receipt of the Refund directly; provided, however, nothing herein shall obligate Lessor to pursue Lessee’s Refund rights (if any do exist) or modify, excuse or limit Lessee’s obligations pursuant to this Schedule that Lessee acknowledges and agrees are absolute and unconditional. Lessor shall apply any Refund actually received by Lessor against the next scheduled Rent payment(s) and all other amounts owed under this Schedule. Lessee agrees that it shall owe any unpaid amounts hereunder remaining after application of such Refund. Notwithstanding anything in the Agreement to the contrary, the Stipulated Loss Value that Lessee may be required to pay Lessor upon an Event of Default under this Schedule shall equal the total sum of the then remaining payments due and unpaid under this Schedule for the Primary Term, discounted at the lesser of (x) the discount rate of the Federal Reserve Bank of Chicago on the Commencement Date of this Schedule and (y) the interest rate set forth above. COMPLETION OF SCHEDULE: Lessee hereby authorizes Lessor to insert or update the serial numbers (or similar information) of the Products, Software and services as necessary. If Lessee delivers this signed Schedule, any amendment or other document related to this Schedule or the Master Lease (each a “Document”) to Lessor by facsimile transmission, and Lessor does not receive all of the pages of that Document, Lessee agrees that, except for any pages which require a signature, Lessor may supply the missing pages to the Document from Lessor’s database which conforms to the version number at the bottom of the page. If Lessee delivers a signed Document to Lessor as an e-mail attachment, facsimile transmission or by U.S. mail, Lessee acknowledges that Lessor is relying on Lessee’s representation that the Document has not been altered. Lessee further agrees that, notwithstanding any rule of evidence to the contrary, in any hearing, trial or proceeding of any kind with respect to a Document, Lessor may produce a tangible copy of the Document transmitted by Lessee to Lessor by facsimile or as an e-mail attachment and such signed copy shall be deemed to be the original of the Document. To the extent (if any) that the Document constitutes chattel paper under the Uniform Commercial Code, the authoritative copy of the Document shall be the copy designated by Lessor or its assignee, from time to time, as the copy available for access and review by Lessee, Lessor or its assignee. All other copies are deemed identified as copies of the authoritative copy. In the event of inadvertent destruction of the authoritative copy, or corruption of the authoritative copy for any reason or as the result of any cause, the authoritative copy may be restored from a backup or archive copy, and the restored copy shall become the authoritative copy. At Lessor’s option, this electronic record may be converted into paper form. At such time, such paper copy will be designated or marked as the authoritative copy of the Document. By signing below, each of the parties agrees to be bound by the terms of the Agreement, this Schedule and the attached Exhibit “A”. __________ DELL FINANCIAL SERVICES L.L.C. (Lessee) (Lessor) By: By: (Authorized Signature) (Authorized Signature) (Name/Title) (Name/Title) (Date) (Date) [LESSEE NAME]MASTER LEASE AGREEMENT SCHEDULE NO. (SOFTWARE AND/OR SERVICES ONLY FINANCING SCHEDULE)PRODUCT SELLER: ProductDescriptionProductLocationLessee PurchaseOrder No.Rent*Primary Term(Mos.)CommencementDate**Total Product Acquisition Cost: NATURE OF SCHEDULEPRODUCTS CONSISTING SOLELY OF SOFTWARE AND/OR SERVICES
ADDITIONAL PROVISIONS
COMPLETION OF SCHEDULE
Reference: Page 1 of 6 Master Lease Agreement – Public NOV2018 EFFECTIVE DATE: MASTER LEASE AGREEMENT NO. LESSOR: PHAROS FINANCIAL SERVICES L.P. Mailing Address: One Dell Way Round Rock, TX 78682 LESSEE: Principal Address: Fax: Attention: This Master Lease Agreement ("Agreement"), effective as of the Effective Date set forth above, is between the Lessor and Lessee named above. Capitalized terms have the meaning set forth in this Agreement. 1. LEASE.Lessor hereby leases to Lessee and Lessee hereby leases the equipment (“Products”), Software (defined below), and services or fees, where applicable, as described in any lease schedule ("Schedule"). Each Schedule shall incorporate by reference the terms and conditions of this Agreement and contain such other terms as are agreed to by Lessee and Lessor. Each Schedule shall constitute a separate lease of Products ("Lease"). In the event of any conflict between the terms of a Schedule and the terms of this Agreement, the terms of the Schedule shall prevail. Lessor reserves all rights to the Products not specifically granted to Lessee in this Agreement or in a Schedule. Execution of this Agreement does not create an obligation of either party to lease to or from the other. 2. ACCEPTANCE DATE; SCHEDULE.(a) Subject to any right of return provided by the Product seller (“Seller”),named on the Schedule, Products are deemed to have been irrevocablyaccepted by Lessee upon delivery to Lessee's ship to location(“Acceptance Date”). Lessee shall be solely responsible for unpacking,inspecting and installing the Products.(b) Lessor shall deliver to Lessee a Schedule for Products. Lesseeagrees to sign or otherwise authenticate (as defined under the UniformCommercial Code, “UCC”) and return each Schedule by the later of theAcceptance Date or five (5) days after Lessee receives a Schedule fromLessor. If the Schedule is not signed or otherwise authenticated by Lessee within the time provided in the prior sentence, then upon written notice from Lessor and Lessee’s failure to cure within five (5) days of such notice,Lessor may require the Lessee to purchase the Products by paying theProduct Cost charged by the Seller, plus any shipping charges, Taxes orDuties (defined below) and interest at the Overdue Rate accruing from thedate the Products are shipped through the date of payment. If Lesseereturns any leased Products in accordance with the Seller’s return policy,it will notify Lessor. When Lessor receives a credit from the Seller for thereturned Product, the Schedule will be deemed amended to reflect thereturn of the Product and Lessor will adjust its billing records and Lessee’s invoice for the applicable Lease. In addition, Lessee and Lessor agreethat a signed Schedule may be amended by written notice from Lessor toLessee provided such notice is (i) to correct the serial (or service tag)number of Products or (ii) to adjust the related Rent (defined below) on theSchedule (any increase up to 15% or any decrease) caused by any change made by Lessee in Lessee’s order with the Seller.3. TERM.The initial term (the “Primary Term”) for each Lease shall begin on the date set forth on the Schedule as the Commencement Date (the “Commencement Date”). The period beginning on the Acceptance Date and ending on the last day of the Primary Term, together with any renewals or extensions thereof, is defined as the "Lease Term". The Lease is noncancelable by Lessee, except as expressly provided in Section 5. 4. RENT; TAXES; PAYMENT OBLIGATION.(a) The rental payment amount ("Rent") and the payment period for each installment of Rent (“Payment Period”) shall be stated in the Schedule. Aprorated portion of Rent calculated based on a 30-day month, 90-dayquarter or 360-day year (as appropriate) for the period from theAcceptance Date to the Commencement Date shall be added to the firstpayment of Rent. All Rent and other amounts due and payable under thisAgreement or any Schedule shall be paid to Lessor in lawful funds of theUnited States of America at the payment address for Lessor set forthabove or at such other address as Lessor may designate in writing fromtime to time. Whenever Rent and other amounts payable under a Leaseare not paid when due, Lessee shall pay interest on such amounts at arate equal to the lesser of 1% per month or the highest such rate permittedby applicable law (“Overdue Rate”). Rent shall be due and payablewhether or not Lessee has received an invoice showing such Rent is due.Late charges and reasonable attorney’s fees necessary to recover Rentand other amounts owed hereunder are considered an integral part of thisAgreement. The rate factors used for the calculation of the payment arebased in part on similar or like term swap or T-bill rates as published bythe US Federal Reserve Board. In the event the applicable rates changebetween Lessor initially providing the rate factors and the commencementof a Schedule, Lessor reserves the right to change the applicable ratefactor commensurate with the change in the applicable rates.(b) EACH LEASE SHALL BE A NET LEASE. In addition to Rent, Lessee shall pay sales, use, excise, purchase, property, added value or othertaxes, fees, levies or assessments lawfully assessed or levied againstLessor or with respect to the Products and the Lease (collectively “Taxes”), and customs, duties or surcharges on imports or exports (collectively,“Duties”), plus all expenses incurred in connection with Lessor’s purchaseand Lessee’s use of the Products, including but not limited to shipment,delivery, installation, and insurance. Unless Lessee provides Lessor witha tax exemption certificate acceptable to the relevant taxing authority priorto Lessor’s payment of such Taxes, Lessee shall pay to Lessor all Taxesand Duties upon demand by Lessor. Lessor may, at its option, invoiceLessee for estimated personal property tax with the Rent Payment.Lessee shall pay all utility and other charges incurred in the use andmaintenance of the Products.(c) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 5, LESSEE'SOBLIGATION TO PAY ALL RENT AND OTHER AMOUNTS WHEN DUEAND TO OTHERWISE PERFORM AS REQUIRED UNDER THISAGREEMENT AND EACH SCHEDULE SHALL BE ABSOLUTE ANDUNCONDITIONAL, AND SHALL NOT BE SUBJECT TO ANYABATEMENT, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM,INTERRUPTION, DEFERMENT OR RECOUPMENT FOR ANY REASON WHATSOEVER WHETHER ARISING OUT OF ANY CLAIMS BY LESSEE Reference: Page 2 of 6 Master Lease Agreement – Public NOV2018 AGAINST LESSOR, LESSOR'S ASSIGNS, THE SELLER, OR THE SUPPLIER OR MANUFACTURER OF THE PRODUCTS, TOTAL OR PARTIAL LOSS OF THE PRODUCTS OR THEIR USE OR POSSESSION, OR OTHERWISE. If any Product is unsatisfactory for any reason, Lessee shall make its claim solely against the Seller of such Product (or the Licensor in the case of Software, as defined below) and shall nevertheless pay Lessor or its assignee all amounts due and payable under the Lease. 5. APPROPRIATION OF FUNDS.(a) Lessee intends to continue each Schedule for the Primary Term andto pay the Rent and other amounts due thereunder. Lessee reasonablybelieves that legally available funds in an amount sufficient to pay all Rentduring the Primary Term can be obtained and agrees to do all thingslawfully within its power to obtain and maintain funds from which the Rentand other amounts due may be paid.(b) Lessee may terminate a Schedule in whole, but not in part by givingat least sixty (60) days’ notice prior to the end of the then current FiscalPeriod (as defined in the Lessee’s Secretary/Clerk’s Certificate providedto Lessor) certifying that: (1) sufficient funds were not appropriated andbudgeted by Lessee’s governing body or will not otherwise be available tocontinue the Lease beyond the current Fiscal Period; and (2) that theLessee has exhausted all funds legally available for payment of the Rentbeyond the current Fiscal Period. Upon termination of the Schedule,Lessee’s obligations under the Schedule (except those that expresslysurvive the end of the Lease Term) and any interest in the Products shallcease and Lessee shall surrender the Products in accordance with Section 8. Notwithstanding the foregoing, Lessee agrees that, without creating apledge, lien or encumbrance upon funds available to Lessee in other thanits current Fiscal Period, it will use its best efforts to take all actionnecessary to avoid termination of a Schedule, including making budgetrequests for each Fiscal Period during each applicable Lease Term foradequate funds to meet its Lease obligations and to continue the Schedule in force..(c) Lessor and Lessee intend that the obligation of Lessee to pay Rentand other amounts due under a Lease constitutes a current expense ofLessee and is not to be construed to be a debt in contravention of anyapplicable constitutional or statutory limitation on the creation ofindebtedness or as a pledge of funds beyond Lessee’s current FiscalPeriod.6. LICENSED MATERIALS.Software means any operating system software or computer programs included with the Products (collectively, “Software”). “Licensed Materials” are any manuals and documents, end user license agreements, evidence of licenses, including, without limitation, any certificate of authenticity and other media provided in connection with such Software, all as delivered with or affixed as a label to the Products. Lessee agrees that this Agreement and any Lease (including the sale of any Product pursuant to any purchase option) does not grant any title or interest in Software or Licensed Materials. Any use of the terms "sell," "purchase," "license," "lease," and the like in this Agreement or any Schedule with respect to Software shall be interpreted in accordance with this Section 6. 7. USE; LOCATION; INSPECTION.Lessee shall: (a) comply with all terms and conditions of any Licensed Materials; and (b) possess and operate the Products only (i) in accordance with the Seller's supply contract and any service provider's maintenance and operating manuals, the documentation and applicable laws; and (ii) for the business purposes of Lessee. Lessee agrees not to move Products from the location specified in the Schedule without providing Lessor with at least 30 days prior written notice, and then only to a location within the continental United States and at Lessee's expense. Without notice to Lessor, Lessee may temporarily use laptop computers at other locations, including outside the United States, provided Lessee complies with the United States Export Control Administration Act of 1979 and the Export Administration Act of 1985, as those Acts are amended from time to time (or any successor or similar legislation). Provided Lessor complies with Lessee's reasonable security requirements, Lessee shall allow Lessor to inspect the premises where the Products are located from time to time during reasonable hours after reasonable notice in order to confirm Lessee's compliance with its obligations under this Agreement. 8. RETURN.At the expiration or earlier termination of the Lease Term of any Schedule, and except for Products purchased pursuant to any purchase option under the Lease, Lessee will (a) remove all proprietary data from the Products and (b) return them to Lessor at a place within the contiguous United States designated by Lessor. Upon return of the Products, Lessee`s right to the operating system Software in returned Products will terminate and Lessee will return the Products with the original certificate of authenticity (attached and unaltered) for the original operating system Software. Lessee agrees to deinstall and package the Products for return in a manner which will protect them from damage. Lessee shall pay all costs associated with the packing and return of the Products and shall promptly reimburse Lessor for all costs and expenses for missing or damaged Products or operating system Software. If Lessee fails to return all of the Products at the expiration of the Lease Term or earlier termination (other than for non-appropriation) in accordance with this Section, the Lease Term with respect to the Products that are not returned shall continue to be renewed as described in the Schedule. 9. RISK OF LOSS; MAINTENANCE; INSURANCE.(a) From the date the Products are delivered to Lessee's ship to locationuntil the Products are returned to Lessor's designated return location orpurchased by Lessee, Lessee agrees: (i) to assume the risk of loss ordamage to the Products; (ii) to maintain the Products in good operatingcondition and appearance, ordinary wear and tear excepted; (iii) to comply with all requirements necessary to enforce all warranty rights; and (iv) topromptly repair any repairable damage to the Products. During the LeaseTerm, Lessee at its sole discretion has the option to purchase amaintenance agreement from the provider of its choice (including, if it sochooses, to self-maintain the Products) or to forgo such maintenanceagreement altogether; regardless of Lessee's choice, Lessee will continueto be responsible for its obligations as stated in the first sentence of thisSection. At all times, Lessee shall provide the following insurance: (x)casualty loss insurance for the Products for no less than the StipulatedLoss Value (defined below) naming Lessor as loss payee; and (y) liabilityinsurance with respect to the Products for no less than an amount asrequired by Lessor, with Lessor named as an additional insured; and (z)such other insurance as may be required by law which names Lessee asan insured and Lessor as an additional insured. Upon Lessor’s priorwritten consent, Lessee may provide this insurance pursuant to Lessee’sexisting self-insurance policy or as provided for under state law. Lesseeshall provide Lessor with either an annual certificate of third partyinsurance or a written description of its self-insurance policy or relevantlaw, as applicable. The certificate of insurance will provide that Lessorshall receive at least ten (10) days prior written notice of any materialchange to or cancellation of the insurance policy or Lessee’s self-insurance program, if previously approved by Lessor. If Lessee does notgive Lessor evidence of insurance in accordance with the standardsherein, Lessor has the right, but not the obligation, to obtain suchinsurance covering Lessor’s interest in the Products for the Lease Term,including renewals. If Lessor obtains such insurance, Lessor will add amonthly, quarterly or annual charge (as appropriate) to the Rent toreimburse Lessor for the insurance premium and Lessor’s then currentinsurance administrative fee.(b) If the Products are lost, stolen, destroyed, damaged beyond repair orin the event of any condemnation, confiscation, seizure or expropriation ofsuch Products (“Casualty Products”), Lessee shall promptly (i) notifyLessor of the same and (ii) pay to Lessor the Stipulated Loss Value for theCasualty Products. The Stipulated Loss Value is an amount equal to thesum of (a) all Rent and other amounts then due and owing (includinginterest at the Overdue Rate from the due date until payment is received)under the Lease, plus (b) the present value of all future Rent to becomedue under the Lease during the remainder of the Lease Term, plus (c) thepresent value of the estimated in place Fair Market Value of the Productat the end of the Primary Term as determined by Lessor; plus (d) all otheramounts to become due and owing during the remaining Lease Term.Unless priced as a tax-exempt Schedule, each of (b) and (c) shall becalculated using the federal funds rate target reported in the Wall StreetJournal on the Commencement Date of the applicable Schedule. Thediscount rate applicable to tax-exempt Schedules shall be federal funds Reference: Page 3 of 6 Master Lease Agreement – Public NOV2018 rate target reported in the Wall Street Journal on the Commencement Date of the applicable Schedule less 100 basis points. 10. ALTERATIONS.Lessee shall, at its expense, make such alterations to Products during the Lease Term as are legally required or provided at no charge by Seller. Lessee may make other alterations, additions or improvements to Products provided that any alteration, addition or improvement shall be readily removable and shall not materially impair the value or utility of the Products. Upon the return of any Product to Lessor, any alteration, addition or improvement that is not removed by Lessee shall become the property of Lessor free and clear of all liens and encumbrances. 11. REPRESENTATIONS AND WARRANTIES OF LESSEE.Lessee represents, warrants and covenants to Lessor and will provide to Lessor at Lessor’s request all documents deemed necessary or appropriate by Lessor, including Certificates of Insurance, financial statements, Secretary or Clerk Certificates, essential use information or documents (such as affidavits, notices and similar instruments in a form satisfactory to Lessor) and Opinions of Counsel (in substantially such form as provided to Lessee by Lessor and otherwise satisfactory to Lessor) to the effect that, as of the time Lessee enters into this Agreement and each Schedule that: (a) Lessee is an entity duly organized and existing under and by virtue of the authorizing statute or constitutional provisions of its state and is a state or political subdivision thereof as described in Section 103(a) of theInternal Revenue Code of 1986, as amended, and the regulationspromulgated thereunder as in effect and applicable to the Agreement orany Schedule, with full power and authority to enter into this Agreementand any Schedules and perform all of its obligations under the Leases;(b) This Agreement and each Schedule have been duly authorized,authenticated and delivered by Lessee by proper action of its governingboard at a regularly convened meeting and attended by the requisitemajority of board members, or by other appropriate official authentication,as applicable, and all requirements have been met and procedures haveoccurred in order to ensure the validity and enforceability of this Agreement against Lessee;(c) This Agreement and each Schedule constitute the valid, legal andbinding obligations of Lessee, enforceable in accordance with their terms;(d) No other approval, consent or withholding of objection is requiredfrom any federal, state or local governmental authority or instrumentalitywith respect to the entering into or performance by Lessee of theAgreement or any Schedule and the transactions contemplated thereby;(e) Lessee has complied with such public bidding requirements and otherstate and federal laws as may be applicable to the Agreement and anySchedule and the acquisition by Lessee of the Products;(f) The entering into and performance of the Agreement or any Schedule will not (i) violate any judgment, order, law or regulation applicable toLessee; (ii) result in any breach of, or constitute a default under, anyinstrument to which the Lessee is a party or by which it or its assets maybe bound; or (iii) result in the creation of any lien, charge, security interestor other encumbrance upon any assets of the Lessee or on the Products,other than those created pursuant to this Agreement;(g) There are no actions, suits, proceedings, inquiries or investigations,at law or in equity, before or by any court, public board or body, pendingor threatened against or affecting Lessee, nor to the best of Lessee'sknowledge and belief is there any basis therefor, which if determinedadversely to Lessee will have a material adverse effect on the ability ofLessee to fulfill its obligations under the Agreement or any Schedule;(h) The Products are essential to the proper, efficient and economicoperation of Lessee or to the services which Lessee provides to itscitizens. Lessee expects to make immediate use of the Products, for which it has an immediate need that is neither temporary nor expected todiminish during the applicable Lease Term. The Products will be used forthe sole purpose of performing one or more of Lessee's governmental or proprietary functions consistent within the permissible scope of Lessee's authority; and (i) Lessee has, in accordance with the requirements of law, fullybudgeted and appropriated sufficient funds to make all Rent payments and other obligations under this Agreement and any Schedule during thecurrent Fiscal Period, and such funds have not been expended for otherpurposes.12. WARRANTY ASSIGNMENT; EXCLUSION OF WARRANTIES;LIMITATION OF LIABILITY; FINANCE LEASE.(a) Provided no Event of Default has occurred and is continuing, Lessorassigns to Lessee for the Lease Term the benefit of any Product warrantyand any right of return provided by any Seller.(b) LESSEE ACKNOWLEDGES THAT LESSOR DID NOT SELECT,MANUFACTURE, SUPPLY OR LICENSE ANY PRODUCT AND THATLESSEE HAS MADE THE SELECTION OF PRODUCTS BASED UPONITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCEON STATEMENTS MADE BY LESSOR OR ITS AGENTS. LESSORLEASES THE PRODUCTS AS-IS AND MAKES NO WARRANTY,EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF DESIGN, MERCHANTABILITY, ORFITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVESANY CLAIM IT MIGHT HAVE AGAINST LESSOR OR ITS ASSIGNEEFOR ANY LOSS, DAMAGE OR EXPENSE CAUSED BY OR WITHRESPECT TO ANY PRODUCTS.(c) IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY ACTUAL,SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGESARISING OUT OF OR RELATED TO THIS AGREEMENT, ANYSCHEDULE OR THE SALE, LEASE OR USE OF ANY PRODUCTS EVEN IF LESSOR IS ADVISED IN ADVANCE OF THE POSSIBILITY ORCERTAINTY OF SUCH DAMAGES AND EVEN IF LESSEE ASSERTSOR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANYLIMITED REMEDY PROVIDED IN THIS AGREEMENT.(d) Lessee agrees that it is the intent of both parties that each leasequalify as a statutory finance lease under Article 2A of the UCC. Lesseeacknowledges either (i) that Lessee has reviewed and approved anywritten supply contract covering the Products purchased from the Sellerfor lease to Lessee or (ii) that Lessor has informed or advised Lessee, inwriting, either previously or by this Agreement, that Lessee may haverights under the supply contract evidencing the purchase of the Productsand that Lessee should contact the Seller for a description of any suchrights. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,LESSEE HEREBY WAIVES ALL RIGHTS AND REMEDIESCONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCC.13. EVENTS OF DEFAULT.It shall be an event of default hereunder and under any Schedule ("Event of Default") if: (a) Lessee fails to pay any Rent or other amounts payable under thisAgreement or any Schedule within 15 days after the date that suchpayment is due;(b) Any representation or warranty made by Lessee to Lessor inconnection with this Agreement, any Schedule or any other Document isat the time made materially untrue or incorrect;(c) Lessee fails to comply with any other obligation or provision of thisAgreement or any Schedule and such failure shall have continued for 30days after notice from Lessor;(d) Lessee (i) is generally not paying its debts as they become due or (ii)takes action for the purpose of invoking the protection of any bankruptcyor insolvency law, or any such law is invoked against or with respect toLessee or its property and such petition is not dismissed within 60 days; or(e) Any provision of this Agreement ceases to be valid and binding onLessee, is declared null and void, or its validity or enforceability iscontested by Lessee or any governmental agency or authority whereby the loss of such provision would materially adversely affect the rights or Reference: Page 4 of 6 Master Lease Agreement – Public NOV2018 security of Lessor, or Lessee denies any further liability or obligation under this Agreement; or (f) Lessee is in default under any other lease, contract, or obligation now existing or hereafter entered into with Lessor or Seller or any assignee ofLessor.14. REMEDIES: TERMINATION(a) Upon an Event of Default under any Schedule all of Lessee's rights(including its rights to the Products), but not its obligations thereunder,shall automatically be cancelled without notice and Lessor may exerciseone or more of the following remedies in its sole discretion:(i) require Lessee to return any and all such Products inaccordance with Section 8, or if requested by Lessor, to assemble the Products in a single location designated by Lessor and to grant Lessor the right to enter the premises where such Products are located (regardless of where assembled) for the purpose of repossession; (ii) sell, lease or otherwise dispose of any or all Products (as agentand attorney-in-fact for Lessee to the extent necessary) upon such terms and in such manner (at public or private sale) as Lessor deems advisable in its sole discretion (a "Disposition"); (iii) declare immediately due and payable as a pre-estimate ofliquidated damages for loss of bargain and not as a penalty, the Stipulated Loss Value of the Products in lieu of any further Rent, in which event Lessee shall pay such amount to Lessor within 10 days after the date of Lessor's demand; or (iv) proceed by appropriate court action either at law or in equity(including an action for specific performance) to enforce performance by Lessee or recover damages associated with such Event of Default or exercise any other remedy available to Lessor in law or in equity. (b) Lessee shall pay all costs and expenses arising or incurred byLessor, including reasonable attorney fees, in connection with or relatedto an Event of Default or the repossession, transportation, re-furbishing,storage and Disposition of any or all Products (“Default Expenses”). In the event Lessor recovers proceeds (net of Default Expenses) from itsDisposition of the Products, Lessor shall credit such proceeds against theowed Stipulated Loss Value. Lessee shall remain liable to Lessor for anydeficiency. With respect to this Section, to the extent the proceeds of theDisposition (net of Default Expenses) exceed the Stipulated Loss Valueowed under the Lease, or Lessee has paid Lessor the Stipulated LossValue, the Default Expenses and all other amounts owing under the Lease, Lessee shall be entitled to such excess and shall have no furtherobligations with respect to such Lease. All rights of Lessor are cumulativeand not alternative and may be exercised by Lessor separately or together.15. QUIET ENJOYMENT.Lessor shall not interfere with Lessee's right to possession and quiet enjoyment of Products during the relevant Lease Term, provided no Event of Default has occurred and is continuing. Lessor represents and warrants that as of the Commencement Date of the applicable Schedule, Lessor has the right to lease the Products to Lessee. 16. INDEMNIFICATION.To the extent permitted by law, Lessee shall indemnify, defend and hold Lessor, its assignees, and their respective officers, directors, employees, representatives and agents harmless from and against, all claims, liabilities, costs or expenses, including legal fees and expenses (collectively, "Claims"), arising from or incurred in connection with this Agreement, any Schedule, or the selection, manufacture, possession, ownership, use, condition, or return of any Products (including Claims for personal injury or death or damage to property, and to the extent Lessee is responsible, Claims related to the subsequent use or Disposition of the Products or any data in or alteration of the Products. This indemnity shall not extend to any loss caused solely by the gross negligence or willful misconduct of Lessor. Lessee shall be responsible for the defense and resolution of such Claim at its expense and shall pay any amount for resolution and all costs and damages awarded against or incurred by Lessor or any other person indemnified hereunder; provided, however, that any person indemnified hereunder shall have the right to participate in the defense of such Claim with counsel of its choice and at its expense and to approve any such resolution. Lessee shall keep Lessor informed at all times as to the status of the Claim. 17. OWNERSHIP; LIENS AND ENCUMBRANCES; LABELS.As between Lessor and Lessee, title to Products (other than any Licensed Materials) is and shall remain with Lessor. Products are considered personal property and Lessee shall, at Lessee's expense, keep Products free and clear of liens and encumbrances of any kind (except those arising through the acts of Lessor) and shall immediately notify Lessor if Lessor's interest is subject to compromise. Lessee shall not remove, cover, or alter plates, labels, or other markings placed upon Products by Lessor, Seller or any other supplier. 18. NON PERFORMANCE BY LESSEE.If Lessee fails to perform any of its obligations hereunder or under any Schedule, Lessor shall have the right but not the obligation to effect such performance and Lessee shall promptly reimburse Lessor for all out of pocket and other reasonable expenses incurred in connection with such performance, with interest at the Overdue Rate. 19. NOTICES.All notices shall be given in writing and, except for billings and communications in the ordinary course of business, shall be delivered by overnight courier service, delivered personally or sent by certified mail, return receipt requested, and shall be effective from the date of receipt unless mailed, in which case the effective date will be four (4) Business Days after the date of mailing. Notices to Lessor by Lessee shall be sent to: Pharos Financial Services L.P., Attn. Legal Department, One Dell Way, Round Rock, TX 78682, or such other mailing address designated in writing by Lessor. Notice to Lessee shall be to the address on the first page of this Agreement or such other mailing address designated in writing by Lessee. 20. ASSIGNMENT.(a) LESSEE MAY ASSIGN THIS AGREEMENT OR ANY SCHEDULE,OR SUBLEASE ANY PRODUCT(S) WITH THE PRIOR WRITTENCONSENT OF LESSOR (SUCH CONSENT NOT TO BEUNREASONABLY WITHHELD). LESSOR, AT ITS SOLE DISCRETION,MAY ASSESS AN ADMINISTRATIVE FEE FOR ANY APPROVEDASSIGNMENT OR SUBLEASE. No assignment or sublease shall in anyway discharge Lessee's obligations to Lessor under this Agreement orSchedule.(b) Lessor may at any time without notice to Lessee, but subject to therights of Lessee, transfer, assign, or grant a security interest in anyProduct, this Agreement, any Schedule, or any rights and obligationshereunder or thereunder in whole or in part. Lessee hereby consents tosuch assignments, agrees to comply fully with the terms thereof, andagrees to execute and deliver promptly such acknowledgments, opinionsof counsel and other instruments reasonably requested to effect suchassignment.(c) Subject to the foregoing, this Agreement and each Schedule shall bebinding upon and inure to the benefit of Lessor, Lessee and theirsuccessors and assigns.21. GOVERNING LAW; JURISDICTION AND VENUE; WAIVER OFJURY TRIAL.THIS AGREEMENT AND EACH SCHEDULE SHALL BE GOVERNED BY LAW WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND, TO THE EXTENT APPLICABLE, THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. LESSEE CONSENTS TO THE JURISDICTION OF ANY FEDERAL COURT LOCATED IN , , AND WAIVES ANY OBJECTION TO VENUE IN SUCH COURT, AND FURTHER WAIVES ANY RIGHT TO A TRIAL BY JURY. 22. MISCELLANEOUS.
Reference: Page 5 of 6 Master Lease Agreement – Public NOV2018 (a) The headings used in this Agreement are for convenience only andshall have no legal effect. This Agreement shall be interpreted without any strict construction in favor of or against either party.(b) The provisions of Sections 6, 8, 11, 12(b), 12(c), 12(d), 16, 21 and 22shall continue in full force and effect even after the term or expiration ofthis Agreement or any Schedule.(c) Failure of Lessor at any time to require Lessee's performance of anyobligation shall not affect the right to require performance of that obligation. No term, condition or provision of this Agreement or any Schedule shall be waived or deemed to have been waived by Lessor unless it is in writingand signed by a duly authorized representative of Lessor. A valid waiveris limited to the specific situation for which it was given.(d) Lessee shall furnish such financial statements of Lessee (prepared in accordance with generally accepted accounting principles) and otherinformation as Lessor may from time to time reasonably request.(e) If any provision(s) of this Agreement is deemed invalid orunenforceable to any extent (other than provisions going to the essence ofthis Agreement) the same shall not in any respect affect the validity,legality or enforceability (to the fullest extent permitted by law) of theremainder of this Agreement, and the parties shall use their best efforts toreplace such illegal, invalid or unenforceable provisions with anenforceable provision approximating, to the extent possible, the originalintent of the parties.(f) Unless otherwise provided, all obligations hereunder shall beperformed or observed at the respective party's expense.(g) Lessee shall take any action reasonably requested by Lessor for thepurpose of fully effectuating the intent and purposes of this Agreement orany Schedule. If any Lease is determined to be other than a true lease,Lessee hereby grants to Lessor a first priority security interest in theProducts and all proceeds thereof. Lessee acknowledges that by signingthis Agreement, Lessee has authorized Lessor to file any financingstatements or related filings as Lessor may reasonably deem necessaryor appropriate. Lessor may file a copy of this Agreement or any Schedulein lieu of a financing statement.(h) This Agreement and any Schedule may be signed in any number ofcounterparts each of which when so executed or otherwise authenticatedand delivered shall be an original but all counterparts shall togetherconstitute one and the same instrument. To the extent each Schedulewould constitute chattel paper as such term is defined in the UCC, nosecurity interest may be created through the transfer or control orpossession, as applicable, of a counterpart of a Schedule other than theoriginal in Lessor's possession marked by Lessor as either “Original” or“Counterpart Number 1”.(i) This Agreement and the Schedules hereto between Lessor andLessee set forth all of the understandings and agreements between theparties and supersede and merge all prior written or oral communications,understandings, or agreements between the parties relating to the subject matter contained herein. Except as permitted herein, this Agreement andany Schedule may be amended only by a writing duly signed or otherwiseauthenticated by Lessor and Lessee.(j) If Lessee delivers this signed Master Lease, or any Schedule,amendment or other document related to the Master Lease (each a“Document”) to Lessor by facsimile transmission, and Lessor does notreceive all of the pages of that Document, Lessee agrees that, except forany pages which require a signature, Lessor may supply the missingpages to the Document from Lessor’s database which conforms to theversion number at the bottom of the page. If Lessee delivers a signedDocument to Lessor as an e-mail attachment, facsimile transmission or byU.S. mail, Lessee acknowledges that Lessor is relying on Lessee’srepresentation that the Document has not been altered. Lessee furtheragrees that, notwithstanding any rule of evidence to the contrary, in anyhearing, trial or proceeding of any kind with respect to a Document, Lessor may produce a tangible copy of the Document transmitted by Lessee toLessor by facsimile or as an e-mail attachment and such signed copy shallbe deemed to be the original of the Document. To the extent (if any) thatthe Document constitutes chattel paper under the Uniform CommercialCode, the authoritative copy of the Document shall be the copy designated by Lessor or its assignee, from time to time, as the copy available for access and review by Lessee, Lessor or its assignee. All other copies are deemed identified as copies of the authoritative copy. In the event of inadvertent destruction of the authoritative copy, or corruption of the authoritative copy for any reason or as the result of any cause, the authoritative copy may be restored from a backup or archive copy, and the restored copy shall become the authoritative copy. At Lessor’s option, this electronic record may be converted into paper form. At such time, such paper copy will be designated or marked as the authoritative copy of the Document.
Reference: Page 6 of 6 Master Lease Agreement – Public NOV2018 EXECUTED by the undersigned on the dates set forth below, to be effective as of the Effective Date.{Lessee Name} “Lessee” BY: NAME: TITLE: DATE: PHAROS FINANCIAL SERVICES L.P. By: PHAROS FINANCIAL SERVICES, INC. ITS GENERAL PARTNER “Lessor” BY: NAME: TITLE: DATE:
Secretary/Clerk Certificate InstructionsThe person(s) listed and executing in the blocksunder paragraph (ii) must not be the same person executing the Certificate on behalf of the Public Entity (Clerk,Secretary, etc.) listed at the top of the Certificate and executing in the signature block at the bottom of theCertificate under the “In Witness Whereof” language;
Reference: Page 2 of 3 Secretary Clerk Certificate - Public Internal Use - Confidential SECRETARY/CLERK CERTIFICATE I, ____________________________________________, do hereby certify that: (i) I am the duly elected, qualified, and acting __________________________________ (Clerk, Secretary, etc.)of , a public entity (the “Public Entity”).(ii) Each of the persons whose name, title and signature appear below is a duly authorized representative of thePublic Entity and holds on the date of this Certificate the formal title set forth opposite his/her name and the signature appearing opposite each such person’s name is his/her genuine signature: NAME OF AUTHORIZED SIGNATORY(cannot be Clerk/Secretary authenticating this certificate) TITLE OF AUTHORIZED SIGNATORY SIGNATURE OF AUTHORIZED SIGNATORY (iii) Each such representative is duly authorized for and on behalf of the Public Entity to execute and deliver thatcertain Master Lease Agreement No. (the “Agreement”) and any related Lease Schedules from time to time thereunder (the “Schedules”) between the Public Entity and Customer, or its assignee (collectively, “Lessor”), and all agreements, documents, and instruments in connection therewith, including without limitation, schedules, riders and certificates of acceptance. (iv) The execution and delivery of any such Agreement and/or Schedule and all agreements, documents, andinstruments in connection therewith for and on behalf of the Public Entity are not prohibited by or in any manner restricted by the terms of the Charter or other document pursuant to which the Public Entity is organized or of any loan agreement, indenture or contract to which the Public Entity is a party or by which it or any of its property is bound. (v) [STRIKE IF NOT APPLICABLE] The Public Entity did, at a duly called _____________ (regular or special)meeting of the governing body of the Public Entity attended throughout by the requisite majority of the members thereof held on the ______ day of ________________ by motion duly made, seconded and carried, in accordance with all requirements of law, approve and authorize the execution and delivery of the Agreement, the related Schedule(s) and all agreements, documents, and instruments in connection therewith on behalf of the Public Entity by the authorized representative(s) of the Public Entity named in paragraph (ii) above. Such action approving the Agreement, the related Schedule(s) and all agreements, documents, and instruments in connection therewith and authorizing the execution thereof has not been altered or rescinded by the Public Entity. (vi) No event or condition that constitutes (or with notice or lapse of time or both, would constitute) an Event ofDefault, as defined in the Agreement, exists at the date hereof. (vii) All insurance required in accordance with the Agreement is currently maintained by the Public Entity.
ACH Instructions (preferred)Wire Transfer InstructionsPayee Information021000021432217011USDFSCASHPAYMENTS@[email protected] reconciliation:will sign Sales/Use Tax Exemption:Note: for each stateBusiness Personal Property Tax:
Note:Contract LevelConsolidatedDetail SummaryPaper PDFElectronic CSV3rd Party Invoicing Tool, Ariba/SAP
TRUE LEASE SCHEDULE NO. MASTER LEASE AGREEMENT NO. PRODUCT SELLER: ProductDescriptionProductLocationLessee PurchaseOrder No.Rent*Primary Term(Mos.)Commencement Date**Total Product Acquisition Cost: TRUE LEASE PROVISIONS TRUE LEASEEND OF LEASE OPTIONS
COMPLETION OF SCHEDULE.
MASTER LEASE AGREEMENT SCHEDULE NO. (SOFTWARE AND/OR SERVICES ONLY FINANCING SCHEDULE)PRODUCT SELLER: ProductDescriptionProductLocationLessee PurchaseOrder No.Rent*Primary Term(Mos.)Commencement Date**Total Product Acquisition Cost: NATURE OF SCHEDULEPRODUCTS CONSISTING SOLELY OF SOFTWARE AND/OR SERVICES
ADDITIONAL PROVISIONS
COMPLETION OF SCHEDULE
{Lessee Name} PHAROS FINANCIAL SERVICES L.P.By: PHAROS FINANCIAL SERVICES, INC. ITS GENERAL PARTNER SAMPLE VALIDITY OPINION LETTER TO BE EXECUTED ON COUNSEL'S LETTERHEAD [LESSOR NAME HERE] *
MASTER LEASE AGREEMENT1. LEASE.2. ACCEPTANCE DATE; SCHEDULE.
3. TERM.
4. RENT; TAXES; PAYMENT OBLIGATION.
5. LICENSED MATERIALS6. USE; LOCATION; INSPECTION.7. RETURN8. RISK OF LOSS; MAINTENANCE; INSURANCE.
9. ALTERATIONS10. REPRESENTATIONS AND WARRANTIES OF LESSEE
11. WARRANTY ASSIGNMENT; EXCLUSION OF WARRANTIES;LIMITATION OF LIABILITY; FINANCE LEASE
12. EVENTS OF DEFAULT
13. REMEDIES
14. QUIET ENJOYMENT.15. INDEMNIFICATION16. OWNERSHIP; LIENS AND ENCUMBRANCES; LABELS.
17. NON PERFORMANCE BY LESSEE18. NOTICES19. ASSIGNMENT.20. GOVERNING LAW; JURISDICTION AND VENUE; WAIVER OFJURY TRIAL.21. MISCELLANEOUS. {Lessee Name} PHAROS FINANCIAL SERVICES L.P. By: PHAROS FINANCIAL SERVICES, INC. ITS GENERAL PARTNER Instructions for completing the attachedof Incumbency and Authorityform.
2. The persons named/signatures in this section are thoseauthorized by the person listed above (CEO, CFO,etc.) to sign amulti-year contract that will create a liabilityfor your business.The same person cannot designate authority and be anauthorized signatory.
Reference: {MLA #}Certificate of Incumbency and Authority - MLA
LESSEE'S CERTIFICATE OF INCUMBENCY AND AUTHORITY
ACH Instructions (preferred)Wire Transfer InstructionsPayee Information021000021432217011USDFSCASHPAYMENTS@[email protected] reconciliation:will sign Sales/Use Tax Exemption:Note: for each stateBusiness Personal Property Tax:
Note:Contract LevelConsolidatedDetail SummaryPaper PDFElectronic CSV3rd Party Invoicing Tool, Ariba/SAP
MASTER LEASE AGREEMENT SCHEDULE NO. PRODUCT SELLER: ProductDescriptionProductLocationLessee PurchaseOrder No.Rent*Primary Term(Mos.)Commencement Date**Total Product Acquisition Cost: END OF LEASE OPTIONS
COMPLETION OF SCHEDULE
{Lessee Name} PHAROS FINANCIAL SERVICES L.P. By: PHAROS FINANCIAL SERVICES, INC. ITS GENERAL PARTNER MASTER LEASE AGREEMENT SCHEDULE NO. PRODUCT SELLER: ProductDescriptionProductLocationLessee PurchaseOrder No.Rent*Primary Term(Mos.)Commencement Date**Total Product Acquisition Cost: END OF LEASE OPTIONSSECURITY INTERESTCOMPLETION OF SCHEDULE
[LESSEE NAME] MASTER LEASE AGREEMENT SCHEDULE NO. XXX-XXXXXX-XXXPRODUCT DESCRIPTION AND LOCATION:PRODUCT SELLER: [VENDOR NAME] Product Description Product LocationLessee Purchase Order No. Rent* Primary Term (Mos.) Commencement Date**Total Product Acquisition Cost: $_____________________*NATURE OF SCHEDULE:ACCEPTANCE, MASTER AGREEMENT PROVISIONS, TERMINATION: ADDITIONAL PROVISIONS:
COMPLETION OF SCHEDULE:{Lessee Name}PHAROS FINANCIAL SERVICES L.P. By: PHAROS FINANCIAL SERVICES, INC. ITS GENERAL PARTNER Proprietary to Dell Financial Services, LLC
Internal Use -
Software Licensor:Vendor:Products:AgreementPACustomerPayee“Products” Licensed SoftwareFeesPayment AmountsPayment ScheduleDue DatePAYMENT AMOUNTS DO NOT INCLUDE APPLICABLE TAX, UNLESS SPECIFIED OTHERWISE.
any Default
forum non conveniensEACH PARTY WAIVES ANY OBJECTION TO SUCH JURISDICTION AS WELL AS ITS RIGHT TO A TRIAL BYJURY Payment Schedule
ContractCustomerDFS* The signers on the Contract and this Secretary/Clerk’s Certificate of Authority must be two different authorized signatories.
SAMPLE OPINION LETTER FOR PAYMENT AGREEMENT TRANSACTIONS TO BE EXECUTED ON COUNSEL'S LETTERHEAD* *
Exhibit A Payment Schedule
PAYMENT AGREEMENTSoftware Licensor:Vendor:Products: AgreementPACustomerPayee“Products”Licensed SoftwareFeesPayment AmountsPayment ScheduleDue DatePAYMENT AMOUNTS DO NOT INCLUDE APPLICABLE TAX, UNLESS SPECIFIED OTHERWISE.
any Default
EACH PARTY WAIVES ANY OBJECTION TO SUCH JURISDICTION AS WELL AS ITS RIGHT TO A TRIAL BY JURYPayment Schedule
ContractCustomerDFS* The signers on the Contract and this Certificate of Authority must be two different authorized signatories.
PAYMENT AGREEMENTSoftware Licensor:Vendor:Products: AgreementPACustomerPayee“Products”Licensed SoftwareFeesPayment AmountsPayment ScheduleDue DatePAYMENT AMOUNTS DO NOT INCLUDE APPLICABLE TAX, UNLESS SPECIFIED OTHERWISE. any Default
EACH PARTY WAIVES ANY OBJECTION TO SUCH JURISDICTION AS WELL AS ITS RIGHT TO A TRIAL BY JURYPayment Schedule ContractCustomerPFS* The signers on the Contract and this Certificate of Authority must be two different authorized signatories.
Dell EMC APEX Flex on Demand (FOD) – Public Sector Terms Only1. Master Flexible Consumption Agreement (MFCA) – Public Sector Only2. Flex on Demand (FOD) Schedule – Public Sector Only MASTER FLEXIBLE CONSUMPTION AGREEMENTAPEX FLEX ON DEMAND TERMS AND CONDITIONS – PUBLIC SECTOR ONLYFor DELL EMC Use OnlyMASTER FLEXIBLE CONSUMPTION AGREEMENT – U.S. STATE & LOCAL GOVERNMENT (“Master Agreement”“MFCA”) “Effective Date”EMC Corporation (“Dell EMC”) Xxxxxxxxxxxxxx (“Customer”)176 South Street And XxxxxxxxxxxxxHopkinton, MA 01748 XxxxxxxxxxxxxxxxEmail for Legal Notices: [email protected] Email for Legal Notices:Schedule(s)1. DEFINITIONS.A. “Billing Period” B.Customer DataC. “Documentation”D.Flexible ConsumptionE.Flexible Consumption Fee” F.Flexible Consumption PeriodG. “Installation Site” .H. “Monthly Committed Capacity” I. “Deployed Capacity”“Equipment”“Software”J. “Prime Contract” K. “Return”L. “Support Services” M.Third Party Deployed CapacityN. “Warranty Period”
2. SCHEDULES, PURCHASING, FEES AND PAYMENT.Schedules.Ordering.Authorization to Monitor; Flexible ConsumptionFees.
Payment and Assignment.
E. Taxes. F. Interruption of Monitoring Capabilities.
3. DELIVERY, RISK, TITLE, USE AND RETURN.A. Installation Site PreparationB. Deployed Capacity Shipment.
C. Risk of Loss. .D. Customer Insurance Coverage.E. Personal Property and Identification.
F. Ownership of Customer Data.G. Return of Deployed Capacity; Data Migration4. LICENSE TERMS. License Grant5. WARRANTY.A. DELL EMC Warranty B. Exclusions. No Further Warranties; Disclaimer.Customer Warranties(i). Validity and Documentation E. Operating Environment Warranty. 6. INDEMNITY.A. IP Indemnity.
B. Exclusions from Indemnity
C. Indemnification Process7. LIMITATION OF LIABILITY.A. Limitation on Direct Damages. B. No Indirect Damages.
C. Limitation Period.8. CONFIDENTIALITY.A. Existing Non-Disclosure Agreement: B. Confidential Information. “Confidential Information”9. TRADE COMPLIANCE
10. TERM; APPROPRIATION OF FUNDS; EVENTS OFDEFAULT; REMEDIES.A. Master Agreement Term.. B. Appropriation of Funds.
C. Events of Default
D. Remedies
11. MISCELLANEOUS.A. Notices. B. Entire Agreement.
C. Assignment and Change in Control.D. Governing Law.E. Waiver.
F. Independent Contractors.G. Financial StatementsH. Severability. I. Order of PrecedenceIn Witness Whereof, EMC Corporation (“Dell EMC”) CUSTOMER NAME (“Customer”)By:________________________________________ By:________________________________________Name (Print):_______________________________ Name (Print):_______________________________Title:_______________________________________ Title:_______________________________________ APEX FLEX ON DEMAND SCHEDULE TO THE MASTER FLEXIBLE CONSUMPTION AGREEMENTSUPPLEMENTAL TERMS AND CONDITIONS – PUBLIC SECTOR ONLYFor DELL EMC Use OnlyFlexible Consumption Schedule (Flex on Demand) – U.S. STATE & LOCAL GOVERNMENT“Schedule”)CustomerDELL EMCGoverning AgreementEffective Date: ________________Governing Agreement:Customer’s existing Master Flexible Consumption Agreement with DELL EMC dated on or Name of Dell EMC entity (“DELL EMC”):EMC CORPORATION 176 SOUTH STREET HOPKINTON MA 01748Name of Customer:[xxxxx]XxxxXxxxxxx1. Effective Date, Commencement Date.1.1 Schedule Effective Date and Transaction Start Date. Effective Date1.2. Commencement Date. “Commencement Date”2. Listing of Deployed Capacity; Unit of Measure (“UOM”) for Software; Level of Support Services.2.1 Deployed Capacity. 2.2 Unit of Measure for Software. https://www.dellemc.com/content/dam/digitalassets/active/en/unauth/manual-warranty-informations/products/data-protection/h2483-sw-use-rights.pdf2.3 Support Services.Table 2.3 – Level of Support ServicesXxxxxxxxxxx2.4 Support Services Terms. https://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16453-dellemc-prosupport-mc-option.pdfhttps://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16454-dellemc-prosupport-plus-option.pdfhttps://www.delltechnologies.com/content/dam/documents-and-videos/dv1/en/services/support/legal-pricing/dell-emc-prosupport-one-for-data-center.pdf3. BILLING/METRICS. PURCHASE ORDER, FLEXIBLE CONSUMPTION PERIOD AND RENEWALS.3.1 Billing Metrics and Flexible Consumption Period. Flexible Consumption Period
DELL EMC SLED MFCA SCHEDULE20210401
Monthly Committed Capacity“Monthly Reserve Capacity”).3.2 Capacities and Asset Metering.“Metered Total Capacity”3.3 Rate, Billing Period and Flexible Consumption Fee; Reserve Capacity CapTable 3.3 – Billing Information3.4 Purchase Order Requirements.Table 3.4 – Purchase Order Amount 3.5 Increasing Monthly Committed Capacity/Flexible Consumption Period.
Table 3.5 – Pricing for Increases Monthly Committed Capacity/Flexible Consumption Period3.6 Renewal and/or Month-to-Month Extension4. DELIVERY, INSTALLATION AND IDENTIFICATION.4.1 Delivery. 4.2 Deployment Services. 4.3. Shipment and Installation Site(s).Table 4.3 – Shipment and Installation Site(s).Licensed Software Ship-To Address (one address): Installation Site(s), if any:5. Miscellaneous. EMC CORPORATION (“DELL EMC”) ABC (“Customer”)
DELL EMC SLED MFCA SCHEDULE20210401
Dell EMC APEX Flex on Demand (FOD) – Commercial Terms Only1. Master Flexible Consumption Agreement (MFCA) – Commercial Use Only2. Flex on Demand (FOD) Schedule – Commercial Use Only MASTER FLEXIBLE CONSUMPTION AGREEMENT APEX FLEX ON DEMAND TERMS AND CONDITIONS – COMMERCIAL USE ONLYFor DELL EMC Use OnlyMASTER FLEXIBLE CONSUMPTION AGREEMENT – U.S. (“Master Agreement” “MFCA”) “Effective Date” EMC Corporation (“Dell EMC”) Xxxxxxxxxxxxxx (“Customer”)176 South Street And XxxxxxxxxxxxxHopkinton, MA 01748 Xxxxxxxxxxxxxxxx Email for Legal Notices: [email protected] Email for Legal Notices:Schedule(s)1. DEFINITIONS.A. “Billing Period” B.Customer DataC. “Documentation”D.Flexible ConsumptionE.Flexible Consumption Fee” F.Flexible Consumption PeriodG. “Installation Site” .H. “Monthly Committed Capacity” I. “Products”“Equipment”“Software” J. “Return”K. “Support Services” L.Third Party ProductsM. “Warranty Period”2. SCHEDULES, PURCHASING, FEES AND PAYMENT.A. Schedules. B. Ordering.C. Authorization to Monitor; Flexible ConsumptionFees.
D. Payment.E. Taxes. F. Interruption of Monitoring Capabilities.
3. DELIVERY, RISK, TITLE, USE AND RETURN.A. Installation Site PreparationB. Product Shipment.C. Risk of Loss. .D. Customer Insurance Coverage.E. Personal Property and Identification.
F. Ownership of Customer Data.G. Return of Products; Data Migration4. LICENSE TERMS.License Grant5. WARRANTY.A. Dell EMC Warranty B. Exclusions. C. No Further Warranties; Disclaimer. D. Customer Operating Environment Warranty...6. INDEMNITY.6.1 IP Indemnity.
6.2 Exclusions from Indemnity
6.3 Indemnification Process7. LIMITATION OF LIABILITY.A. Limitation on Direct Damages.
B. No Indirect Damages. C. Limitation Period. 8. TRADE COMPLIANCE
9. TERM; EVENTS OF DEFAULT; REMEDIES. A. Master Agreement Term. . B. Events of DefaultC. Remedies
10. MISCELLANEOUS. A. Notices.
B. Entire Agreement. C. Assignment and Change in Control.D. Governing Law. E. Waiver. F. Independent Contractors. G. Financial StatementsH. Severability. I. Order of Precedence In Witness Whereof, EMC Corporation (“Dell EMC”) CUSTOMER NAME (“Customer”) By:________________________________________ By:________________________________________ Name (Print):_______________________________ Name (Print):_______________________________ Title:_______________________________________ Title:_______________________________________ MFCA SCHEDULE 20190412
APEX FLEX ON DEMAND SCHEDULE (DIRECT) TO THE MASTER FLEXIBLE CONSUMPTION AGREEMENTSUPPLEMENTAL TERMS AND CONDITIONS – COMMERCIAL USE ONLY For DELL EMC Use OnlyFlexible Consumption Schedule (Flex on Demand) – U.S.“Schedule”)CustomerDell EMCGoverning AgreementEffective Date: ________________Governing Agreement:Customer’s existing Master Flexible Consumption Agreement with Dell EMC dated on or Name of Dell EMC entity (“Dell EMC”):EMC CORPORATION 176 SOUTH STREET HOPKINTON MA 01748Name of Customer:[xxxxx]XxxxXxxxxxx1. Effective Date, Commencement Date. 1.1 Schedule Effective Date and Transaction Start Date. Effective Date1.2. Commencement Date. “Commencement Date”2. Listing of Products; Unit of Measure (“UOM”) for Software; Level of Support Services.2.1 Products. 2.2 Unit of Measure for Software. https://www.dellemc.com/content/dam/digitalassets/active/en/unauth/manual-warranty-informations/products/data-protection/h2483-sw-use-rights.pdf2.3 Support Services.Table 2.3 – Level of Support ServicesXxxxxxxxxxx2.4 Support Services Terms. https://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16453-dellemc-prosupport-mc-option.pdfhttps://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16454-dellemc-prosupport-plus-option.pdfhttps://www.delltechnologies.com/content/dam/documents-and-videos/dv1/en/services/support/legal-pricing/dell-emc-prosupport-one-for-data-center.pdf3. BILLING/METRICS. PURCHASE ORDER, FLEXIBLE CONSUMPTION PERIOD AND RENEWALS. 3.1 Billing Metrics and Flexible Consumption Period. Flexible Consumption Period
MFCA SCHEDULE 20210401
Monthly Committed Capacity“Monthly Reserve Capacity”).3.2 Capacities and Asset Metering.“Metered Total Capacity”3.3 Rate, Billing Period and Flexible Consumption Fee; Reserve Capacity CapTable 3.3 – Billing Information 3.4 Purchase Order Requirements. Table 3.4 – Purchase Order Amount 3.5 Increasing Monthly Committed Capacity/Flexible Consumption Period.
MFCA SCHEDULE 20190412
Table 3.5 – Pricing for Increases Monthly Committed Capacity/Flexible Consumption Period3.6 Renewal and/or Month-to-Month Extension4. DELIVERY, INSTALLATION AND IDENTIFICATION.4.1 Delivery. 4.2 Deployment Services. 4.3. Shipment and Installation Site(s).Table 4.3 – Shipment and Installation Site(s).Licensed Software Ship-To Address (one address): Installation Site(s), if any:5. Miscellaneous. EMC Corporation (“Dell EMC”) ABC (“Customer”)
MFCA SCHEDULE - VXRAIL 20210401
MFCA SCHEDULE20190412
APEX FLEX ON DEMAND SCHEDULE (VxRail) TO THE MASTER FLEXIBLE CONSUMPTION AGREEMENTSUPPLEMENTAL TERMS AND CONDITIONS – COMMERCIAL USE ONLYFor Dell EMC Use OnlyFlexible Consumption Schedule (Flex on Demand) VxRail – U.S. “Schedule”)CustomerDell EMCGoverning AgreementEffective Date: ________________ Governing Agreement:Customer’s existing Master Flexible Consumption Agreement with Dell EMC dated on or Name of Dell EMC entity (“Dell EMC”):EMC CORPORATION 176 SOUTH STREET HOPKINTON MA 01748Name of Customer:[xxxxx]XxxxXxxxxxx1. Effective Date, Commencement Date.1.1 Schedule Effective Date and Transaction Start Date. Effective Date1.2. Commencement Date. “Commencement Date”2. Listing of Products; Unit of Measure (“UOM”) for Software; Level of Support Services.2.1 Products. 2.2 Unit of Measure for Software. https://www.dellemc.com/content/dam/digitalassets/active/en/unauth/manual-warranty-informations/products/data-protection/h2483-sw-use-rights.pdf2.3 Support Services.Table 2.3 – Level of Support ServicesXxxxxxxxxxx2.4 Support Services Terms. https://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16453-dellemc-prosupport-mc-option.pdfhttps://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16454-dellemc-prosupport-plus-option.pdfhttps://www.delltechnologies.com/content/dam/documents-and-videos/dv1/en/services/support/legal-pricing/dell-emc-prosupport-one-for-data-center.pdf3. BILLING/METRICS. PURCHASE ORDER, FLEXIBLE CONSUMPTION PERIOD AND RENEWALS.3.1 Billing Metrics and Flexible Consumption Period. Flexible Consumption Period
MFCA SCHEDULE - VXRAIL 20210401
Monthly Committed Capacity“Monthly Reserve Capacity”).“Consumed Raw Storage”“Consumed Physical Node RAM”3.3 Capacities and Asset Metering.“Metered Total Capacity”3.4 Rate, Billing Period and Flexible Consumption Fee; Reserve Capacity CapTable 3.3 – Billing Information - StorageTable 3.3 – Billing Information - Memory MFCA SCHEDULE20190412
3.5 Purchase Order Requirements.Table 3.4 – Purchase Order Amount 3.5 Increasing Monthly Committed Capacity/Flexible Consumption Period. Table 3.5 – Pricing for Increases Monthly Committed Capacity/Flexible Consumption PeriodSTORAGEMEMORY 3.6 Renewal and/or Month-to-Month Extension4. DELIVERY, INSTALLATION AND IDENTIFICATION.4.1 Delivery. 4.2 Deployment Services. 4.3. Shipment and Installation Site(s).
MFCA SCHEDULE - VXRAIL 20210401
Table 4.3 – Shipment and Installation Site(s). Licensed Software Ship-To Address (one address): Installation Site(s), if any: 5. Miscellaneous. EMC Corporation (“Dell EMC”) ABC (“Customer”) MFCA SCHEDULE20190412
MFCA SCHEDULE - POWERONE 20210401
APEX FLEX ON DEMAND SCHEDULE (PowerFlex) TO THE MASTER FLEXIBLE CONSUMPTION AGREEMENTSUPPLEMENTAL TERMS AND CONDITIONS – COMMERCIAL USE ONLY For Dell EMC Use OnlyFlexible Consumption Schedule for PowerFlex (Flex on Demand) - US“Schedule”)CustomerDell EMCGoverning AgreementEffective Date: ________________Governing Agreement:Customer’s existing Master Flexible Consumption Agreement with Dell EMC dated on or Name of Dell EMC entity (“Dell EMC”):EMC CORPORATION 176 SOUTH STREET HOPKINTON MA 01748Name of Customer:[xxxxx]XxxxXxxxxxx1. Effective Date, Commencement Date. 1.1 Schedule Effective Date and Transaction Start Date. Effective Date1.2 Commencement Date. “Commencement Date”2. Listing of Products; Unit of Measure (“UOM”) for Software; Level of Support Services.2.1 Products. 2.2 Unit of Measure for Software. https://www.dellemc.com/content/dam/digitalassets/active/en/unauth/manual-warranty-informations/products/data-protection/h2483-sw-use-rights.pdf2.3 Support Services.Table 2.3 – Level of Support ServicesXxxxxxxxxxx2.4 Support Services Terms. https://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16453-dellemc-prosupport-mc-option.pdfhttps://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16454-dellemc-prosupport-plus-option.pdfhttps://www.delltechnologies.com/content/dam/documents-and-videos/dv1/en/services/support/legal-pricing/dell-emc-prosupport-one-for-data-center.pdf3. BILLING/METRICS. PURCHASE ORDER, FLEXIBLE CONSUMPTION PERIOD AND RENEWALS. 3.1 Billing Metrics and Flexible Consumption Period. Flexible Consumption Period
MFCA SCHEDULE20190412
“Monthly Committed Hours”“Monthly Committed Capacity”“Reserve Hours” “Reserve Capacity” .Activated Node-Hour”Consumed Useable Storage”3.2 Capacities and Asset Metering. 3.2.1 ComputeTable 3.2.1 – Available Hours Information- Compute 3.2.2 Storage3.3 Rate, Billing Period and Flexible Consumption FeesTable 3.3 – Billing Information 3.3.1 Compute:Table 3.3.1 – Billing Information – Compute MFCA SCHEDULE - POWERONE 20210401
3.3.2 Storage. Table 3.3.2 – Billing Information- Storage 3.4 Purchase Order Requirements Table 3.4 – Purchase Order Amount 3.5 Increasing Monthly Committed Capacity/Flexible Consumption Period. Table 3.5 – Pricing for Increases Monthly Committed Capacity/Flexible Consumption Period Compute: Rate table to be added Storage: Rate table to be added MFCA SCHEDULE20190412
3.6 Renewal and/or Month-to-Month Extension4. DELIVERY, INSTALLATION AND IDENTIFICATION.4.1 Delivery. 4.2 Deployment Services. 4.3. Shipment and Installation Site(s).Table 4.3 – Shipment and Installation Site(s).Licensed Software Ship-To Address (one address): Installation Site(s), if any:5. Miscellaneous. EMC Corporation (“Dell EMC”) ABC (“Customer”) MFCA – DATA PROTECTION SCHEDULE 20210401
MFCA SCHEDULE20190412
APEX FLEX ON DEMAND SCHEDULE (WITH DATA PROTECTION) TO THE MASTER FLEXIBLE CONSUMPTION AGREEMENTSUPPLEMENTAL TERMS AND CONDITIONS – COMMERCIAL USE ONLY For Dell EMC Use OnlyFlexible Consumption Schedule (Flex on Demand with Data Protection) – U.S.“Schedule”)CustomerDell EMCGoverning AgreementEffective Date: ________________Governing Agreement:Customer’s existing Master Flexible Consumption Agreement with Dell EMC dated on or Name of Dell EMC entity (“Dell EMC”):EMC CORPORATION 176 SOUTH STREET HOPKINTON MA 01748Name of Customer:[xxxxx]XxxxXxxxxxx1. Effective Date, Commencement Date. 1.1 Schedule Effective Date and Transaction Start Date. Effective Date1.2. Commencement Date. “Commencement Date”2. Listing of Products and Data Protection Service; Unit of Measure (“UOM”) for Software; Level of Support Services.2.1 Products. 2.2 Unit of Measure for Software. https://www.dellemc.com/content/dam/digitalassets/active/en/unauth/manual-warranty-informations/products/data-protection/h2483-sw-use-rights.pdf2.3 Support Services.Table 2.3 – Level of Support ServicesXxxxxxxxxxx2.4 Support Services Terms. https://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16453-dellemc-prosupport-mc-option.pdfhttps://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16454-dellemc-prosupport-plus-option.pdfhttps://www.delltechnologies.com/content/dam/documents-and-videos/dv1/en/services/support/legal-pricing/dell-emc-prosupport-one-for-data-center.pdf2.5 Data Protection Service Description and Terms. https://i.dell.com/sites/csdocuments/Legal_Docs/en/us/managed-services-for-data-protection-with-flex-on-demand-sd-en.pdf
MFCA – DATA PROTECTION SCHEDULE 20210401
https://i.dell.com/sites/csdocuments/Legal_Docs/en/dtmscloudtscs.pdf (“Data Protection Terms”). In the event of a conflict between the Data Protection Terms and the terms of this Schedule, the Terms of this Schedule shall govern. 3. BILLING/METRICS. PURCHASE ORDER, FLEXIBLE CONSUMPTION PERIOD AND RENEWALS. 3.1 Billing Metrics and Flexible Consumption Period. Flexible Consumption PeriodMonthly Committed Capacity“Monthly Reserve Capacity”).3.2 Capacities and Asset Metering.“Metered Total Capacity”3.3 Rates; Billing Period; Flexible Consumption Fee; Reserve Capacity Cap.Table 3.3 – Billing Information 3.4 Purchase Order Requirements. Table 3.4 – Purchase Order Amount 3.5 Increasing Monthly Committed Capacity/Flexible Consumption Period.
MFCA SCHEDULE20190412
Table 3.5 – Pricing for Increases Monthly Committed Capacity/Flexible Consumption Period3.6 Renewal and/or Month-to-Month Extension4. DELIVERY, INSTALLATION AND IDENTIFICATION.4.1 Delivery. 4.2 Deployment Services. 4.3. Shipment and Installation Site(s).Table 4.3 – Shipment and Installation Site(s).Licensed Software Ship-To Address (one address): Installation Site(s), if any:5. Miscellaneous. EMC Corporation (“Dell EMC”) ABC (“Customer”)
MFCA SCHEDULE – ONE YEAR 20210401
MFCA SCHEDULE 20190412
APEX FLEX ON DEMAND SCHEDULE (US - ONE YEAR FLEX) TO THE MASTER FLEXIBLE CONSUMPTION AGREEMENTSUPPLEMENTAL TERMS AND CONDITIONS – COMMERCIAL USE ONLY For Dell EMC Use OnlyFlexible Consumption Schedule (Flex on Demand) – US (One Year Flex)“Schedule”)CustomerDell EMCGoverning AgreementEffective Date: ________________Governing Agreement:Customer’s existing Master Flexible Consumption Agreement with Dell EMC dated on or Name of Dell EMC entity (“Dell EMC”):EMC CORPORATION 176 SOUTH STREET HOPKINTON MA 01748Name of Customer:[xxxxx]XxxxXxxxxxx1. Effective Date, Commencement Date. 1.1 Schedule Effective Date and Transaction Start Date. Effective Date1.2. Commencement Date. “Commencement Date”2. Listing of Products; Unit of Measure (“UOM”) for Software; Level of Support Services.2.1 Products. 2.2 Unit of Measure for Software. https://www.dellemc.com/content/dam/digitalassets/active/en/unauth/manual-warranty-informations/products/data-protection/h2483-sw-use-rights.pdf2.3 Support Services.Table 2.3 – Level of Support ServicesXxxxxxxxxxx2.4 Support Services Terms. https://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16453-dellemc-prosupport-mc-option.pdfhttps://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16454-dellemc-prosupport-plus-option.pdfhttps://www.delltechnologies.com/content/dam/documents-and-videos/dv1/en/services/support/legal-pricing/dell-emc-prosupport-one-for-data-center.pdf
MFCA SCHEDULE – ONE YEAR 20210401
3. BILLING/METRICS. PURCHASE ORDER, FLEXIBLE CONSUMPTION PERIOD AND RENEWALS. 3.1 Billing Metrics and Flexible Consumption Period. Flexible Consumption PeriodMonthly Committed Capacity“Monthly Reserve Capacity”).3.6 Capacities and Asset Metering.“Metered Total Capacity” 3.7 Rate, Billing Period and Flexible Consumption Fee; Reserve Capacity CapTable 3.3 – Billing Information 3.8 Purchase Order Requirements. Table 3.4 – Purchase Order Amount 3.9 Schedule Amendments during the Flexible Consumption Period MFCA SCHEDULE 20190412
3.9.1 Increasing Monthly Committed Capacity during the Flexible Consumption Period.3.9.2 Extending the duration of the Flexible Consumption PeriodTable 3.5 – Pricing for Increasing Monthly Committed Capacity or Extension of Flexible Consumption PeriodRate table to be added3.6 Expiration of Flexible Consumption Period 4. DELIVERY, INSTALLATION AND IDENTIFICATION.4.1 Delivery. 4.2 Deployment Services. 4.3. Shipment and Installation Site(s).Table 4.3 – Shipment and Installation Site(s).Licensed Software Ship-To Address (one address): Installation Site(s), if any:5. Miscellaneous. EMC CORPORATION (“Dell EMC”) ABC (“Customer”) MFCA SCHEDULE - IDPA 20210401
MFCA SCHEDULE 20190412
APEX FLEX ON DEMAND SCHEDULE (IDPA) TO THE MASTER FLEXIBLE CONSUMPTION AGREEMENTSUPPLEMENTAL TERMS AND CONDITIONS – COMMERCIAL USE ONLY For Dell EMC Use OnlyFlexible Consumption Schedule (Flex on Demand) – U.S. (IDPA)“Schedule”)CustomerDell EMCGoverning AgreementEffective Date: ________________Governing Agreement:Customer’s existing Master Flexible Consumption Agreement with Dell EMC dated on or Name of Dell EMC entity (“Dell EMC”):EMC CORPORATION 176 SOUTH STREET HOPKINTON MA 01748Name of Customer:[xxxxx]XxxxXxxxxxx1. Effective Date, Commencement Date. 1.1 Schedule Effective Date and Transaction Start Date. Effective Date1.2. Commencement Date. “Commencement Date”2. Listing of Products; Unit of Measure (“UOM”) for Software; Level of Support Services.2.1 Products. 2.2 Unit of Measure for Software. https://www.dellemc.com/content/dam/digitalassets/active/en/unauth/manual-warranty-informations/products/data-protection/h2483-sw-use-rights.pdf2.3 Support Services.Table 2.3 – Level of Support ServicesXxxxxxxxxxx2.4 Support Services Terms. https://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16453-dellemc-prosupport-mc-option.pdfhttps://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16454-dellemc-prosupport-plus-option.pdfhttps://www.delltechnologies.com/content/dam/documents-and-videos/dv1/en/services/support/legal-pricing/dell-emc-prosupport-one-for-data-center.pdf
MFCA SCHEDULE - IDPA 20210401
3. BILLING/METRICS. PURCHASE ORDER, FLEXIBLE CONSUMPTION PERIOD AND RENEWALS. 3.1 Billing Metrics and Flexible Consumption Period. Flexible Consumption PeriodMonthly Committed Capacity“Monthly Reserve Capacity”).“Consumed Useable Storage”3.10 Capacities and Asset Metering.“Metered Total Capacity”3.11 Rate, Billing Period and Flexible Consumption Fee; Reserve Capacity CapTable 3.3 – Billing Information 3.12 Purchase Order Requirements. Table 3.4 – Purchase Order Amount MFCA SCHEDULE 20190412
3.5 Increasing Monthly Committed Capacity/Flexible Consumption Period. Table 3.5 – Pricing for Increases Monthly Committed Capacity/Flexible Consumption Period3.6 Renewal and/or Month-to-Month Extension3.7 Option to Refresh; Capacity Upgrades.3.7.1IDPA RefreshCapacity Upgrade3.7.23.7.33.7.4
MFCA SCHEDULE - IDPA 20210401
Table 3.7 4. DELIVERY, INSTALLATION AND IDENTIFICATION.4.1 Delivery. 4.2 Deployment Services. 4.3. Shipment and Installation Site(s). Table 4.3 – Shipment and Installation Site(s). Licensed Software Ship-To Address (one address): Installation Site(s), if any: 5. Miscellaneous. EMC Corporation (“Dell EMC”) ABC (“Customer”) MFCA SCHEDULE 20190412
MFCA SCHEDULE - SERVERS 20210401
APEX FLEX ON DEMAND SCHEDULE (SERVERS) TO THE MASTER FLEXIBLE CONSUMPTION AGREEMENTSUPPLEMENTAL TERMS AND CONDITIONS – COMMERCIAL USE ONLY For Dell EMC Use OnlyFlexible Consumption Schedule for Servers (Flex on Demand) – U.S.“Schedule”)CustomerDell EMCGoverning AgreementEffective Date: ________________Governing Agreement:Customer’s existing Master Flexible Consumption Agreement with Dell EMC dated on or Name of Dell EMC entity (“Dell EMC”):EMC CORPORATION 176 SOUTH STREET HOPKINTON MA 01748Name of Customer:[xxxxx]XxxxXxxxxxx1. Effective Date, Commencement Date. 1.1 Schedule Effective Date and Transaction Start Date. Effective Date1.2. Commencement Date. “Commencement Date”2. Listing of Products; Unit of Measure (“UOM”) for Software; Level of Support Services.2.1 Products. 2.2 Unit of Measure for Software. https://www.dellemc.com/content/dam/digitalassets/active/en/unauth/manual-warranty-informations/products/data-protection/h2483-sw-use-rights.pdf2.3 Support Services.Table 2.3 – Level of Support ServicesXxxxxxxxxxx2.4 Support Services Terms. https://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16453-dellemc-prosupport-mc-option.pdfhttps://www.delltechnologies.com/content/dam/digitalassets/active/en/unauth/offering-overview-documents/services/h16454-dellemc-prosupport-plus-option.pdfhttps://www.delltechnologies.com/content/dam/documents-and-videos/dv1/en/services/support/legal-pricing/dell-emc-prosupport-one-for-data-center.pdf3. BILLING/METRICS. PURCHASE ORDER, FLEXIBLE CONSUMPTION PERIOD AND RENEWALS. 3.1 Billing Metrics and Flexible Consumption Period. Flexible Consumption Period
MFCA SCHEDULE 20190412
“Monthly Committed Hours“Reserve Hours”).“Activated Node-Hour”3.13Capacities and Asset Metering.Table 3.2 – Capacity Information3.14Rate, Billing Period and Flexible Consumption FeeTable 3.3 – Billing Information – Server TypeTable 3.3 – Billing Information – Server Type MFCA SCHEDULE - SERVERS 20210401
3.7 Purchase Order Requirements. Table 3.4 – Purchase Order Amount 3.8 Increasing Monthly Committed Capacity/Flexible Consumption Period. Table 3.5 – Pricing for Increases Monthly Committed Capacity/Flexible Consumption Period Server Type Server Type 3.6 Renewal and/or Month-to-Month Extension 4. DELIVERY, INSTALLATION AND IDENTIFICATION.4.1 Delivery. 4.2 Deployment Services. 4.3. Shipment and Installation Site(s). Table 4.3 – Shipment and Installation Site(s). Licensed Software Ship-To Address (one address): Installation Site(s), if any: 5. Miscellaneous.
MFCA SCHEDULE 20190412
EMC Corporation (“Dell EMC”) ABC (“Customer”)
DELL EMC SLED MFCA SCHEDULE20210401
1. Usage Agreement.2. Acceptance; Schedule.
3. Ownership; Software.4. Term.5. Usage Payments; Nature of Obligations; Flexible Consumption Terms.
6. Appropriation of Funds.
7. Risk in Equipment.
8. Equipment at End of Term.9. Return of Equipment. 10. Covenants.11. Customer Warranties.12. Default.
13. Early Termination Payment.14. Casualty Value.15. Assignment by Usage Provider.16. Miscellaneous.
17. Invalidity.18. Applicable Law.forum nonconveniensDell Financial Services L.L.C. [Customer full legal name]NameNameTitleTitleDate: Date Internal Use- Confidential
Secretary/Clerk Certificate InstructionsThe person(s) listed andexecuting in the blocks under paragraph (ii) must not be the same person executing the Certificate on behalfof the Public Entity (Clerk, Secretary, etc.) listed at the top of the Certificate and executing in the signatureblock at the bottom of the Certificate under the “In Witness Whereof” language;
SECRETARY/CLERK CERTIFICATE
SAMPLE OPINION LETTER FOR PAYMENT AGREEMENT TRANSACTIONS TO BE EXECUTED ON COUNSEL'S LETTERHEAD* *
ACH Instructions (preferred)Wire Transfer InstructionsPayee Information021000021432217011USDFSCASHPAYMENTS@[email protected] reconciliation:will sign Sales/Use Tax Exemption:Note: for each stateBusiness Personal Property Tax:
Note:Contract LevelConsolidatedDetail SummaryPaper PDFElectronic CSV3rd Party Invoicing Tool, Ariba/SAP
Public Usage Schedule PCaaSUsage Schedule No. xxx-xxxxxx-xxxx dated [ ][Customer ][Usage Provider]Address:AddressBase Term: Due Dates:Usage Period: Base Term Commencement Date:Equipment Location: Currency for Usage Payment:Flexible Consumption Terms:
Jurisdiction Specific Terms Applicable Lawforum non conveniens Extension Option Holdover Period If this Usage Schedule was transmitted to Customer for signature in electronic format, Customer represents and warrants that the text originally transmitted has not been altered in any way. Usage Provider’s acceptance of this Usage Schedule is based on its reliance on, and specifically conditioned by, the truth of this representation and warranty. This Usage Schedule and the terms of the MUA constitute the entire Usage Agreement. Usage Provider [Customer Signer]
NameNameTitleTitleDate: DateSample Acceptance Certificate Acceptance Certificate for Usage Schedule No. ___ (Customer must fill in.)[Customer full legal name]NameTitleDate Usage Schedule Usage Schedule No. xxx-xxxxxx-xxxxdated [ ][Customer ][Usage Provider]Address:AddressBase Term: Due Dates:Usage Period: Base Term Commencement Date:Equipment Location: Currency for Usage Payment:Jurisdiction Specific TermsApplicable Lawforum non conveniens Extension Option Holdover Period If this Usage Schedule was transmitted to Customer for signature in electronic format, Customer represents and warrants that the text originally transmitted has not been altered in any way. Usage Provider’s acceptance of this Usage Schedule is based on its reliance on, and specifically conditioned by, the truth of this representation and warranty. This Usage Schedule and the terms of the MUA constitute the entire Usage Agreement. Usage Provider [Customer Signer]NameNameTitleTitleDate: DateSample Acceptance Certificate Acceptance Certificate for Usage Schedule No. ___ (Customer must fill in.)[Customer full legal name]
Exhibit A LEASE SCHEDULE Contract #: Customer Name: Commencement Date: Termination Date: Order # PO # Tie Number Qty Item # Service Tag Item Description Equipment Location LRF Asset Asset Invoice Periodic Rent Exp ensed Items Shipping Cost Soft Costs Total Equipment Upfront Tax Ship Date Type Cost
Exhibit B U. S. Return Policy U.S. Return Policy Direct (applies only to purchases directly from Dell) Dell values its relationship with you and offers you the option to return most products you purchase directly from Dell. For all purchases not made directly from Dell, please check the return policy of the location from which you purchased your product. Note: If your purchase qualifies for a promotion offered by Dell that extends the return period for a specific product, the return rights and obligations included with the promotion will apply to your purchase. 30 Day Return Period for Certain Products and Accessories: Unless you have a separate agreement with Dell, or except as provided below, all hardware, accessories, peripherals and parts may be returned if requested and approved by Dell within 30 calendar days from the date on the packing slip or invoice for a refund or credit of the purchase price paid. Note that your refund or credit may be reduced by the amount of shipping and handling fees and any applicable restocking fees (as further described below). Any product returned to Dell without prior authorization from Dell will be considered an unauthorized return, and you will not receive a refund or credit for the product and Dell will not ship the product back to you. For instructions about requesting a return, see "How to Return a Product" below. All approved returns must be received by Dell within 30 calendar days of the return approval date otherwise the amount of refund or credit may be reduced or eliminated if the product(s) are returned late. Exceptions to Dell's 30-Day Return Period: Software may not be returned at any time, unless the software being returned is: 1. Application software or operating systems installed by Dell on a returnable system which is being returned within the applicable return period; or 2. Media-based software that is unopened and still in its sealed package or, if delivered electronically, software that you have not accepted by clicking to agree to applicable terms. Additional products not eligible for return at any time: 1. Dell EMC-branded products (Dell and non-Dell branded enterprise products, including servers, data storage, data protection, converged infrastructure, hyperconverged infrastructure, and networking products) 2. Dell Wyse and Wyse-branded products 3. Non-Dell-branded enterprise hardware and software products 4. Customized products 5. Gift Cards (except where required by law) 6. APEX. Unless you have specifically agreed otherwise in your written agreement with Dell,
there is no right of return for software purchased under any type of volume license arrangement. Dell reserves the right to deny any returns in circumstances involving repeated returns, violation of the Dell Terms of Sale or other impermissible activity. Restocking Fees: Unless the product is defective or the return is a direct result of a Dell error, Dell may charge a restocking fee of 15% of the purchase price paid less shipping and handling, plus any applicable sales tax, which would be applied through a total reduced refund or credit. Promotional Items: If you return a purchased item that qualified you for a discount, promotional item or promotional card (for example, buy a service, get a computer half off; buy a computer, get a free printer; buy a TV, get a promotional gift card) and either (i) do not also return the discounted or promotional item or (ii) have already redeemed the promotional card, Dell may deduct the value of the discount, promotional item or redeemed card from any refund or credit you receive for the return of the purchased item. How to Return a Product: Before returning a product, you MUST first contact Dell customer service and obtain a Credit Return Authorization (CRA) number before the end of the applicable return period. Dell will not accept returns without a CRA number. To find the appropriate phone number or to send an email to customer service to request a CRA number, go to www.dell.com/contactus or see the "Contacting Dell" or "Getting Help" section of your customer documentation. To initiate a return online, please click here. NOTE: You MUST follow these steps when returning a product: Ship the product to Dell. Please note that all approved returns must be received by Dell within 30 days of the date that Dell issues the return authorization and instructions. Ship back all products you are seeking to return to Dell and for which you received a CRA number. For partial returns, your refund or credit may be less than the invoice or individual component price due to bundled or promotional pricing or any unadvertised discounts or concessions. Return the products in their original packaging, in as-new condition, along with any media, documentation and any other items that were included in your original shipment. For customers returning a TV, the TV must be returned in the original packaging it was received in (including box and protective cushioning). If you do not have the original packaging, you must provide separate packaging. For commercial customers, you must ship the products at your expense, and make sure the shipment is insured, or accept the risk of loss or damage during shipment. Upon receipt of your return, Dell will issue a credit or refund of the purchase price paid, which may be reduced by the amount of shipping and handling fees and any applicable restocking fees subject to this policy.
Changes to Dell Return Policypolicy and this Exhibit B, the terms of this agreement shall prevail. Note about operating systems: Systems configured with an Intel® 8th-generation or later CPU are designed to run optimally with the Microsoft Windows 11 operating system. Removing the factory-installed operating system to run a non-Windows 11 operating system (such as Windows XP or Windows 10) may make the product ineligible for return to Dell for a refund. It also can cause system instability and performance issues that your warranty, support, or service agreements may not cover. REV. 18JUNE2025 City of Gardena
Gardena City Council
Meeting
AGENDA REPORT
SUMMARY
Agenda Item No. 14A.
Section: DEPARTMENTAL
ITEMS - COMMUNITY
DEVELOPMENT
Meeting Date: December 9,
2025
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE: Discussion to Eliminate or Reduce Fees for Food Distribution Events COUNCIL ACTION REQUIRED:
At the City Council Meeting held November 18, 2025, a directive was given to consider reducing or eliminatingpermit fees to conduct Food Distribution events. In accordance with Gardena Municipal Code 18.60.050(A)(6),food distribution events must take place in conjunction with a nonprofit organization.
Resolution No. 6659 establishes the following current fees for conducting this type of an event:
• $360 - 1-99 attendees• $447 - 100-299 attendees• $756 - 300 more attendees
RECOMMENDATION AND STAFF SUMMARY:
Staff is seeking further direction for the amount of reduction or whether to completely eliminate the fee.
FISCAL IMPACT/COST:
Any reduction or elimination of the fee would be subsidized by the City's General Funds.
APPROVED:
___________________________
Clint Osorio, City Manager
Attachment(s): Resolution No. 6659
Attachments
RESO-NO-6659-Adopting-an-Application-Fee-for-Temporary-Use-and-Temporary-Event-Permits.pdf 0 RESOLUTION NO. 6659
A RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDENA,
CALIFORNIA, ADOPTING AN APPLICATION FEE FOR TEMPORARY
USE AND TEMPORARY EVENT PERMITS AND FINDING THAT THE
FEE IS EXEMPT UNDER PUBLIC RESOURCES CODE SECTION
21080(B)(8) AND CEQA GUIDELINES SECTION 15273
.
W
HEREAS, the City of Gardena City Council has introduced Ordinance No. 1835 to amend the provisions on Temporary Use Permits; and
WHEREAS, Section 18.16.060 of Ordinance No. 1865 provides that applications for Temporary Use Permits and Temporary Event Permits shall be accommodated by a fee in an amount established by resolution of the City Council; and W
HEREAS, Government Code Section 66014 provides that when a local agency charges fees for filing and processing applications for planning services or under any other authority, those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged, and such fees may include the costs reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations; and W
HEREAS, the City Council has determined that the cost of staff time for processing these permit applications should be borne by the applicants rather than the citizenry-at-large; and
W
HEREAS, on March 12, 2024, the City Council held a duly noticed public hearing on the fees that are the subject of this Resolution, which hearing was noticed in accordance with Government Code section 6062(a); and
W
HEREAS, at the close of the public hearing the City Council directed staff to amend the Ordinance to add provisions which would allow food distribution centers operated in conjunction with non-profits; and
W
HEREAS, on April 23, 2024, the City Council of the City of Gardena held a duly noticed public hearing on the fees that are the subject of this Resolution and Ordinance No. 1871.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA, DOES HEREBY RESOLVE AS FOLLOWS:
S
ECTION 1. The City Council has determined that Temporary Use Permit fees imposed under Ordinance No. 1865 of the Gardena Municipal Code shall each be $1,160.50. This fee supersedes the Temporary Use Permit fee set forth in Resolution No. 6386.
DocuSign Envelope ID: 08DE171A-C0C3-47EA-8BC2-2E7F14B6CC81 Resolution No. 6659
2 SECTION 2. The City Council has determined that Temporary Event Permit fees imposed under Ordinance No. 1865 of the Gardena Municipal Code shall be as follows:
• $360 Small Events with 1-99 attendees
• $447 Medium Events with100-299 attendees
• $756 Large Events with 300 more attendees
S
ECTION 3. The City Council finds that all of the Whereas Clauses set forth above are true and correct. The City Council further finds that the fees do not exceed the cost of providing the services for which the fees are charged.
S
ECTION 4. CEQA. The establishment of these fees are statutorily exempt from the requirements of CEQA because setting these fees fit within the exemptions for local agency decisions involving rates, tolls, or other charges as specified by Public Resources Code section 21080(b)(8) and CEQA Guidelines section 15273.
S
ECTION 5. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Resolution, or any part hereof, including any specific fee, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution or any part thereof, including any other fee. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, phrase or fee, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or fees be declared invalid or unconstitutional.
S
ECTION 6. CITY CLERK. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.
S
ECTION 7. EFFECTIVE. The Temporary Use Permit fee shall be effective immediately.
The Temporary Event Permit fees shall not be effective until such time as Ordinance No. 1865 takes effect.
P
assed, approved, and adopted this 23rd day of April, 2024. ___
____________________________
TASHA CERDA, Mayor
A
TTEST:
___
_____________________________
MINA SEMENZA
City Clerk
DocuSign Envelope ID: 08DE171A-C0C3-47EA-8BC2-2E7F14B6CC81
Resolution No. 6659
2 APPR
OVED AS TO FORM:
CARMEN VASQUEZ, City Attorney
DocuSign Envelope ID: 08DE171A-C0C3-47EA-8BC2-2E7F14B6CC81
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF GARDENA )
I, MINA SEMENZA, City Clerk of the City of Gardena, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution, being Resolution No. 6659 duly passed and adopted by the City Council of said City of Gardena, approved and signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of said City Council held on the 23rd day of April 2024, and that the same was so passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS FRANCIS AND LOVE, MAYOR PRO TEM
HENDERSON, MAYOR CERDA, AND COUNCIL MEMBER TANAKA
NOES: NONE
ABSENT: NONE
City of Gardena
Gardena City Council
Meeting
AGENDA REPORT
SUMMARY
Agenda Item No. 15B.
Section: DEPARTMENTAL
ITEMS - ELECTED & CITY
MANAGER'S OFFICES
Meeting Date: December 9,
2025
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE: Second Amendment to City Manager Employment Agreement Contract through December 8, 2029; and Adopting the City of Gardena Classification and Compensation Plan, effective December 9, 2025 COUNCIL ACTION REQUIRED:
Staff Recommendations:
Discuss and consider Second Amendment to the City Manager Employment Agreement between the City of Gardena and Clint Osorio, effective December 9, 2025 through December 8, 2029 Discuss and consider the City of Gardena Classification and Compensation Plan, effective December 9, 2025
RECOMMENDATION AND STAFF SUMMARY
The City Council has completed its annual evaluation of Clint Osorio's performance as City Manager. At the conclusion of the evaluation, the City Council directed the City Attorney to prepare a possible compensation adjustment and contract amendment for consideration and discussion in open session.
The Second Amendment to the City Manager's Employment Agreement (Exhibit A) makes the following changes to the terms and conditions of the Agreement:
1. The term of the Agreement is for four (4) years, from December 9, 2025 to December 8, 2029
2. The current base salary is $333,732/annually. Cost of Living Adjustment ("COLA") and Longevity Pay provisions to follow Unrepresented Employees Resolution No. 6550 (Attachment A to Exhibit A), or later resolution which provides for greater benefits.
3. The leave balances (Sick Leave, Management Leave, Floating Holiday, Holiday Leave Earned, Vacation Leave) shall be transferred into one All-Purpose Leave Bank ("APLB"), at full value of the balances
4. APLB accruals at 33.17 hours/monthly, with annual cashout options. No cap for APLB
5. Educational Incentive Pay at 12% of Base Salary
6. Deferred Compensation (401(a)) city contribution of $60,000/annually All other provisions of the contract remain unchanged.
The Classification and Compensation plan is included as Exhibit B.
FISCAL IMPACT/COST:
Estimated Fiscal Impact
Salary Type
Fiscal
Year
2025-
2026
Fiscal
Year
2026-
2027
Fiscal
Year
2027-
2028
Fiscal
Year
2028-
2029
Fiscal Year
2029-2030
Base Salary $- $347,080$360,963$375,401$180,193
Benefits 190,969167,180171,448175,886 115,885
Total $190,969$514,260$532,411$551,287$296,078
APPROVED:
___________________________________________
Raymond Beeman, Director of Administrative Services
Attachments
Exhibit A- Second Amendment to Employment Agreement between the City of Gardena and Clint Osorio.pdf Exhibit B - Classification and Compensation Schedule - Eff. December 9 2025.pdf CM_Employment_Agreement__Dec._10__2019.pdf
SECOND AMENDMENT TO
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF GARDENA AND CLINT OSORIO
This Second Amendment to the Employment Agreement between the City of Gardena and Clint Osorio ("Second Amendment") is entered into as of December 9, 2025 ("Second Amendment Effective Date"), by and between the City of Gardena, a municipal corporation of the State of California ("City") and Clint Osorio, an individual ("Osorio") (City and Osorio are collectively referred to as "the Parties").
RECITALS
A. WHEREAS, on December 10, 2019, the City and Osorio entered into the Employment Agreement Between the City of Gardena and Clint Osorio ( the "Employment Agreement") to employ Osorio as City Manager of the City; and
B. WHEREAS, the Parties executed a First Amendment to the Employment Agreement for the City Manager, effective June 28, 2022 ("First Amendment") and concluding June 28, 2026.
C. WHEREAS, the City Council recently conducted an annual performance evaluation of Osorio; and
D. WHEREAS, the Gardena City Council wishes to continue to retain Osorio to serve in the position of City Manager at least through December 8, 2029 and make certain amendments to the Employment Agreement.
AGREEMENT
NOW, THEREFORE, in consideration for the mutual promises and undertakings of the Parties as set forth below, the City and Osorio agree to amend the Employment Agreement and First Amendment to the Employment Agreement as follows:
1. Term. Section 3, paragraph A, of the Employment Agreement shall be removed and replaced with the following:
"A. The term of this Agreement is four (4) years, commencing on December 9, 2025, and expiring on December 8, 2029, unless otherwise terminated sooner. This Agreement shall automatically trigger a re-opener evaluation on or before 2028, for consideration of extension of this Agreement.
EXHIBIT "A"
1 2. Benefits. Section 6, Paragraph A of the Employment Agreement shall be removed and replaced with the following;
"A. Except as otherwise provided in this Agreement, Osorio shall receive the benefits set forth in City's Unrepresented Employees Resolution, City Council Resolution No. 6550 ("Management Resolution" or "Reso. 6550"),including but not limited to, the benefits set forth in the Cost of Living Adjustment ("COLA") and Longevity Pay provisions. The Management Resolution exclusively sets forth the wages, hours and terms and conditions of employment for Executive Management Positions, and it is incorporated herein by reference and attached as Attachment "A" to this Agreement. If Reso. 6550 is replaced by a later resolution of the City Council, then Osorio shall continue to be entitled to the terms described in Reso. 6550, unless such later resolution provides for greater benefits and is made expressly applicable to the City Manager or except as otherwise may be required by law."
Section 6, Paragraph C of the Employment Agreement shall be removed and replaced with the following.
"C. Effective December 9, 2025, Osorio's leave balances shall be provided in accordance with this Employment Agreement. Osorio's then-current balances of Sick Leave, Management Leave, Floating Holiday, Holiday Leave Earned, and Vacation Leave shall be transferred into the All-Purpose Leave Bank ("APLB"). The full value of such leave balances shall be preserved in this conversion, and no loss of time or monetary value shall result from the consolidation of such leave balances.
After December 9, 2025, Osorio shall accrue thirty-three point seventeen (33.17) hours per month into the APLB. All hours accrued in the APLB shall be available for use immediately upon accrual. Osorio may use the leave time at his discretion, subject to applicable approvals, scheduling procedures, and City policies. There is no cap for the APLB.
Osorio shall be eligible to make an irrevocable election to cash out APLB at full value on an annual basis ("Election"). Osorio may make the Election by December 1st each year, and such Election shall only apply to leave earned during the calendar year following the calendar year in which Osorio made the Election. Any leave subject to Osorio's Election shall be paid during the calendar year following the Election. By way of example, if Osorio were to make the Election by December 1, 2026, then such Election would only apply to leave earned during the 2027 calendar year, and any payment for leave under the Election would be paid out to Osorio during the 2027 calendar year.
Section 6 of the Employment Agreement shall be amended to include the following:
2 "D. Effective December 9, 2025, Osorio shall be entitled to Educational Incentive Pay on an annual basis in an amount equal to 12% of his base annual salary.
Section 6 of the Employment Agreement shall be amended to include the following:
"E. Subject to all applicable eligibility requirements, Osorio shall continue to participate in the City's qualified 401(a) Plan ("401(a) Plan") and, during the Term, the City shall contribute $60,000 annually, up to applicable IRS limits, to the 401(a) Plan for Osorio's use."
3. Salary. Section 7, Paragraph A, of the Employment Agreement and Section 3 of the First Amendment shall be removed and replaced with the following "A. Osorio's initial base annual salary is $333,732. Said amount shall be payable in monthly or bi-weekly installments at the same time and in the same manner as other employees of the City are paid."
4. Agreement to Remain in Effect. This Second Amendment replaces and supersedes in its entirety the First Amendment to the Employment Agreement. As of the Second Amendment Effective Date, the First Amendment to the Employment Agreement shall have no further legal force or effect. Except as expressly amended by this Second Amendment, the underlying terms and conditions of the Employment Agreement shall remain in effect.
5. Governing Law. This Second Amendment shall be construed and enforced in accordance with and governed by the laws of the State of California.
6. Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
7. References. All references to the Employment Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Employment Agreement, unless expressly stated to the contrary in this Second Amendment.
3 IN WITNESS WHEREOF, the Parties have executed this Agreement.
Tasha Cerda
Mayor
City of Gardena, California
ATTEST:
Mina Semenza
City Clerk
City of Gardena, California
�-
Clint Osorio
City Manager
City of Gardena California
4 1
RESOLUTION NO. 6550
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA,
ESTABLISHING BENEFITS FOR ALL UNREPRESENTED POSITIONS WHICH ARE
NOT COVERED UNDER AN APPROVED MEMORANDUM OF UNDERSTANDING WITH A COLLECTIVE BARGAINING GROUP, REPEALING RESOLUTION NO. 6332 WHERE
AS, on October 9, 2018, the City Council approved Resolution No. 6332 setting forth the rate of compensation and/or benefits for all unrepresented employee positions; and WHEREAS, the City Council now desires to approve a new resolution setting forth the rate of compensation and/or benefits for all unrepresented employees who are not covered under an approved Memorandum of Understanding (“MOU”) with a recognized employee labor organization, or an employment agreement as approved by the City Council; and WHEREAS, this Management Resolution repeals Resolution No. 6332.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CITY COUNCIL PAY POLICY: It is the intent of the City Council to establish and maintain a Compensation Plan that attracts and maintains skilled management, technical and professional employees, promotes efficiency and economy, and supports the selection, maintenance, and compensation of employees designated herein based on merit, skill, and internal equity for both represented and unrepresented employees.
For the determination of benefits for employees not specifically addressed in this Management Resolution, Non-Sworn Management and Confidential Employees, designated herein, may be considered part of any of the employee represented organizations formally recognized by the City.
SECTION 2. UNREPRESENTED POSITIONS : Elected, appointed, executive management confidential, and any other positions not represented by a designated labor group for the purposes of establishing wages, benefits and working conditions shall be covered by the terms of this Management Resolution. For the purposes of this Management Resolution, these position categories shall be defined as follows:
1. ELECTED POSITIONS shall include the positions of Mayor, City Councilmember, City Clerk and City Treasurer.
a. For purposes of determining benefits, City elected officials shall be deemed to be classified as Unrepresented Executive Management Employees and accordingly shall receive the same benefits available and paid to Executive Management Employees.
2. APPOINTED POSITIONS shall include the Deputy City Clerk and the Deputy City Treasurer.
a. Appointed positions serve under the authority of the City Manager and at the will of the elected official making the appointment.
3. EXECUTIVE MANAGEMENT POSITIONS shall include City Manager, City Attorney, Chief of Police, Department Head, Police Captain, Police Lieutenant, and any other position established by the City Manager as a member of the Executive Management Team.
ATTACHMENT "A"
R
esolution No. 6550
2 4. CONFIDENTIAL POSITIONS shall mean an employee who, in the course of his/her duties, is (1) privy to decisions of the City Council or management affecting employer -employee r
elations; (2) has access to or possesses information relating to the City’s employer - employee relations; or (3) who has access to confidential employee and financial records and/or other confidential information not generally available to the public. a. Any position permanently assigned to work in the Elected and City Manager’s Office that m
eets the definition of Confidential Position as stated shall be designated as “Confidential” by the City Manager without the obligation to meet and confer. b. If an incumbent employee represented by a bargaining group is determined to be in a pos
ition that should be classified as "Confidential," the Human Resources Officer will meet and confer with the representative bargaining group prior to changing the affected employee’s classification. Upon designation as "Confidential," a represented employee will be removed from the bargaining group and will become an unrepresented employee.
5. TRANSITIONAL POSITIONS:
a. It is the intent of the City Council to attract and maintain skilled management, technical, and professional employees in transitional positions which are funded by federal, stat e and/or
funding sources other than the City General Fund and City Enterprise Funds , w
ho are not represented by an employee labor organization and not covered under an approved MOU (herein referred to as "Grants Employees"). b. Transitional positions include any employee appointed to a position which is funded by federal, state or any funding source other than the City General Fund or Enterprise Funds or any position. Such positions are considered unrepresented for purposes of
c
ompensation and benefits. The City Manager at his discretion may designate any position in the City as transitional to meet organizational needs. c. The position title, salary range and benefits of such positions shall be set in accordance with the terms of the agreement and available funding of said funding agency and i f
pr
actical be aligned with similar positions in the City Classification and Compensati on P
lan.
d. Subject to the final approval of the City Manager, transitional employees shall be entitled to r
eceive the applicable rate of compensation as other employees consistent with the terms of any contractual agreement with the respective grant funding agency. Shoul d the gr
ant not provide for the same level of salary and benefits as other City employees in similar classifications, the terms of the contractual agreement with the fundi ng author
ity shall take precedence.
e. By authorization of the City Manager transitional positions may be deemed as "Unclassified" and thereby established, amended, and eliminated based on the terms of
the
applicable funding source and shall be independent of the City's Classification and Compensation Plan.
f. If a regular City employee represented by a bargaining group is subsequently placed in a transitional position, said employee shall continue to receive benefits consistent with the MOU of the respective employee bargaining gr
oup.
g. Tr
ansitional employees shall receive the same benefits as a respective management or non-management employee in a comparable position, subject to availability of fundi ng fr
om sources other than the City General Fund, including the post-retirement health insurance coverage upon meeting the retirement qualifications in accordance with the MO
U of the respective employee bargaining group.
R
esolution No. 6550
3 SECTION 3. COMPENSATION:
1. Base Salaries. Unrepresented employees as designated herein, shall be entitled to receive the applicable, respective rate set forth in the City ’s Classification and Compensation Plan subject to the final approval of the City Manager. Assignment to a step and pr ogression w
ithin the specified Salary Schedule shall be based on the appointee's experience at time of hire, and thereafter based on merit as determined by an annual performance evaluation conducted by the City Manager and/or applicable Department Head.
2. Monthly Car Allowance. In addition to the amounts of salary or compensation provided herein, the following Executive Management Positions shall be entitled to a monthly car allowance for the use of his or her private motor vehicle in connection with the performance of his or her duties for the City.
a. Monthly Car Allowance shall be paid as follows:
i Mayor; City Council $ 420.00
ii City Clerk; City Treasurer $ 260.00
iii City Manager; City Attorney Set by Contract
iv Assistant City Manager $ 420.00
v Department Heads $ 420.00
b. S
aid allowances shall be compensation in full to the employees, as designated herein, for the use of his or her privately-owned motor vehicles in City services. c. All expense incidental to the maintenance, repair or replacement of such vehicles must be bor
ne by the owners thereof, and the City is to be put to no further cost or expense of any kind whatsoever or at all with reference thereto.
3. Meal Reimbursement / Per Diem. Refer to the current Administrative Services – City Travel Policy.
SECTION 4. WORK SCHEDULE:
1. Work Schedule. The Management Compensation Plan for all employees, as designated herein, except for sworn Police personnel, and other employees so designated by separate r
esolution of the City Council, are set forth herein in consideration of a pay period which may be based on a work week of five (5) eight (8) hour days, a work week of four (4) ten (10) hour
days, a work period of eighty (80) hours in nine (9) working days, or some other mutually agreed upon schedule for all or part of the employees covered by this Management Resolution. The City Manager and department directors’ work schedules and/or work hours will be assigned as needed for the effective and efficient operations of the City .
2. O
vertime. All employees, as designated herein, shall receive no compensation for any overtime work . T he monthly salary shall be considered full compensation for all hours worked for such employees and no overtime shall be earned for said employee. In addition, the City Manager has discretionary authority to approve modified flex time as needed to meet the operational needs of the department or City.
3. Management Leave. In lieu of overtime pay, affected employees covered under this Resolution shall receive sixty (60) hours of annual Management Leave to be taken within the calendar year earned. All Management Leave hours will be credited to the employee on January 1 of each calendar year. Affected employees are designated in Exhibit “A” of this resolution.
R
esolution No. 6550
4 Such leave will be taken at a mutually convenient time for the employee and the department.
All Management Leave hours must be used within the calendar year earned or on December 31 of each calendar year any remaining balance will be forfeited.
4. Acting Time Compensation. Acting time shall be paid to the employees designated herein upon tem
porary assignment to a higher pay classification to fil l a vacancy pending a permanent appointment, or to assume specified duties of a filled position due to the temporary unavailability of a permanent employee who is on an authorized absence from the City due to illness or other cause. For those positions desi gnated herein, appointment to an acting position shall be made by the City Manager with acting time compensati on c
ommencing and ending based on the City Manager's appointment. Such acting time compensation shall be set by the City Manager and shall be at the rate as defined in accordance with the MOU of the respective employee bargaining group.
5. S
pecial Holiday Provisions Employees covered herein, as determined by the City Manager shall receive the same special holiday provisions provided to miscellaneous employees as set forth in the M OU between the City of Gardena and the recogniz ed
em
ployee association for miscellaneous employees. Personnel covered herein who are required to work on a designated holiday shall be entitled to each such holiday one (1) workday off equal in hours to the hours of the employee’s normal work schedule o n the
des
ignated holiday. Hours off shall be taken with the permission of the appropriate department head.
a. Hours will be designated as Holiday Leave Earned (“HLE”); b. Thes
e hours must be used prior to other accrued time off;
c. H
ours not used at the end of the Fiscal Year are forfeited; and d. H
LE hours cannot be sold back or cashed out at separation.
Sworn employees covered herein shall be compensated for holidays in accordance with the agreement with the Gardena Police Officer Association.
SECTION 5. HEALTH AND INSURANCE BENEFITS:
1. Life Insurance. All affected employees covered under this Resolution shall be provided Ter
m Life Insurance in an amount equal to one and one-half (1½) times the actual annual salary of the covered employee.
2. P
ost-Retirement Health Insurance for Elected Officials. Any Elected Official who retires and meets the minimum requirements listed below shall receive paid health insurance for such retired Elected Official and his or her dependent. The am ount of the C
ity’s contributions shall be set at the same level as the amount set for active employees.
A
ny required co-payment for active employees will also be required for retirees. This benefit shall accrue to the spouse upon the death of a retiree who is insured under this provision. Retiree health benefits shall be in accordance with the City of Gardena Insur ed
Se
lf-Funded Health Plan and any amendments thereto. The Elected Official must have at least twelve (12) years of service with the City, commence to receive CalPERS retirement benefits, and subject to the stipulations listed below:
a. Classic CalPERS Members. Upon simultaneous retirement from the City and from CalPERS Retirement system, a “Classic” member who has reached the age of fifty - five (55) shall continue to receive City paid health insurance based on the followi ng ter
ms of eligibility and level of City payment for the benefit:
R
esolution No. 6550
5 i. A
ll Classic Officials elected prior to March 15, 2000 shall be eligible for City paid health insurance for the Official and his/her spouse. ii. For all Classic Officials elected between March 15, 2000 and December 31, 2008
, the cost of the retiree coverage shall be paid by the City with the cost of such insurance for spousal coverage paid by the retiree at a rate of one-hundred s
eventy-five dollars ($175) per month.
iii. For all Classic Officials elected on or after January 1, 2009, the cost of the retiree coverage shall be paid by the City with the cost of such insurance for spousal coverage paid by the retiree at a base rate of two hundred and fifty dollars ($250) per month.
1) This rate shall be adjusted annually upwards or downwards at the beginning of eac
h Health Plan Year by half of the percentage change in the City’s contribution to the Health Insurance Plan compared to the prior year. 2) At no time should the retiree’s cost exceed 50% of the City’s actual cost. b. PEPR
A CalPERS Members Upon simultaneous retirement from the City and from CalPERS Retirement system, a “PEPRA” member elected on or after January 1, 2013 who has reached the age of sixty-two (62) shall continue to receive City paid heal th i
nsurance based on the following terms of eligibility and level of City payment for the benefit:
i. F
or any PEPRA member elected on or after January 1, 2013, the City shall pay the premium contribution toward health insurance of such PEPRA member who upon retirement has reached the age of 62 years, has at least twelve (12) years of service with the City, and commences to receive CalPERS benefits. ii. The cost of spousal coverage shall be $250 per month. This rate shall be adj
usted downward or upward annually by half of the City’s percentage change compared to the prior plan year. This rate adjustment shall be effective for Pl an Y
ear beginning 2019.
iii. At no time should the retiree’s cost exceed 50% of the City’s actual cost.
3. All other positions covered in this Resolution will follow the benefits negotiated in the MOU of the respective employee bargaining group.
4. Wellness S
tipend
a. All affected employees will receive up to five hundred dollars ($500.00) per fiscal year to cover the cost of physical examinations, smoking cessation, diabetes managemen t
pr
ograms, weight loss programs, preventative health screenings and gym memberships. This amount shall be cumulative to a total of one thousand dollars ($1,000) every two years.
b. A
ny doctor of the employee’s choice may provide said examination. c. A
cceptable proof of participation in a wellness program such as a doctor’s certification, certificate of completion from a recognized medical professional, and/or statement or receipt for gym membership. Proof of participation must be current and within a ti
meframe comparable to expected completion of said program/examination.
5. Indust
rial Injur y Benefits — Workers Compensation. For leave of absence due to injury arising out of, and in the course of employment, the City will pay in accordance with the
MOU of the respective employee bargaining group in lieu of temporary disability Resolution No. 6550
payments. Sworn personnel covered herein shall be compensated in accordance with the California Labor Code for sworn personnel.
SECTION 6. EFFECT: This Resolution shall take effect immediately upon adoption by the City Council.
SECTION 7. REPEALS: Any previous resolutions and amendments of the City Council affecting the rate of compensation and/or benefits for all unrepresented employee positions, as designated herein, are hereby repealed.
Passed, approved and adopted on this 25th day of January, 2022.
ATTEST:
APPROV
'.@
T
�
FORM
CARMEN VAZQUEZ, City Attorney
��TASHA CERDA, Mayor
6 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF GARDENA )
I, MINA SEMENZA, City Clerk of the City of Gardena, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution, being Resolution No. 6550 duly passed and adopted by the City Council of said City of Gardena, approved and signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of said City Council held on the 25th day of January, 2022, and that the same was so passed and adopted by the following roll call vote:
AYES:
NOES:
COUNCIL MEMBERS HENDERSON, KASKANIAN, MAYOR PRO TEM TANAKA
AND COUNCIL MEMBER FRANCIS, AND MAYOR CERDA
NONE
ABSENT: NONE
fv"city Clerk ofhe City of Gardena, California
(SEAL)
Resolution No. 6550
E X H I B I T "A"
LIST OF POSITIONS AS OF JANUARY 25, 2022
ELECTED OFFICIALS:
Mayor
Councilmember
City Clerk
City Treasurer
APPOINTED POSITIONS: Appointed At-Will
City Manager* — Appointed by City Council
City Attorney — Professional Services Agreement (not compensated as a City employee) Deputy City Clerk* – Appointed by City Clerk
Deputy City Treasurer* – Appointed by City Treasurer
EXEC UTIVE MANAGEMENT POSITIONS: Appointed At-Will
Chief of Police
Department Head*
Police Captain
Police Lieutenant
CONFIDENTIAL POSITIONS:
Accountant/Cost Accountant* (Administrative Services)
Accounting/Finance Manager* (Administrative Services)
Assistant to the City Manager*
Chief Fiscal Officer* (Administrative Services)
Executive Assistant to Chief of Police*
Executive Office Assistant* (Elected & City Manager’s Office) Financial Services Manager*
Financial Services Technician* (Administrative Services) Help Desk Technician*
Human Resources Analyst*
Human Resources/Dept Coordinator* (Administrative Services) Human Resources Manager*
Human Resources Technician*
Information Technology Coordinator*
Information Technology Supervisor*
Joint Powers Authority Accountant*
Payroll Specialist*
Payroll/Personnel Technician* (Administrative Services) Senior Human Resources Analyst*
Transit Administrative Officer*
Transit Maintenance Manager*
Transit Operations Manager*
Transit Operations Officer*
* P
ositions identified to receive Management Leave
Note: Any position permanently assigned to work in the City Manager’s Office or the Human Resources Office shall be classified as a Confidential Position without the obligation to Meet & Confer.
HOURLY *1*
16.5000
HOURLY RANGE 20.00 - 35.00
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 27,984.00 29,388.00 30,852.00 32,400.00 34,020.00 35,724.00 MONTHLY 2,332.00 2,449.00 2,571.00 2,700.00 2,835.00 2,977.00 BI-WEEKLY 1,076.31 1,130.31 1,186.62 1,246.15 1,308.46 1,374.00 HOURLY 13.4538 14.1288 14.8327 15.5769 16.3558 17.1750 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 27,336.00 28,704.00 30,144.00 31,656.00 33,240.00 34,908.00 MONTHLY 2,278.00 2,392.00 2,512.00 2,638.00 2,770.00 2,909.00 BI-WEEKLY 1,051.38 1,104.00 1,159.38 1,217.54 1,278.46 1,342.62 HOURLY 13.1423 13.8000 14.4923 15.2192 15.9808 16.7827 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 28,020.00 29,424.00 30,900.00 32,448.00 34,068.00 35,772.00 MONTHLY 2,335.00 2,452.00 2,575.00 2,704.00 2,839.00 2,981.00 BI-WEEKLY 1,077.69 1,131.69 1,188.46 1,248.00 1,310.31 1,375.85 HOURLY 13.4712 14.1462 14.8558 15.6000 16.3788 17.1981 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 28,752.00 30,192.00 31,704.00 33,288.00 34,956.00 36,708.00 MONTHLY 2,396.00 2,516.00 2,642.00 2,774.00 2,913.00 3,059.00 BI-WEEKLY 1,105.85 1,161.23 1,219.38 1,280.31 1,344.46 1,411.85 HOURLY 13.8231 14.5154 15.2423 16.0038 16.8058 17.6481 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 29,472.00 30,948.00 32,496.00 34,116.00 35,820.00 37,608.00 MONTHLY 2,456.00 2,579.00 2,708.00 2,843.00 2,985.00 3,134.00 BI-WEEKLY 1,133.54 1,190.31 1,249.85 1,312.15 1,377.69 1,446.46 HOURLY 14.1692 14.8788 15.6231 16.4019 17.2212 18.0808
CITY OF GARDENA
CLASSIFICATION AND COMPENSATION PLAN
4 Lifeguard Trainee
13 7 Storeroom Aide
8 Community Aide I
Schedule 350 - 2nd Amendment to City Manager Employment Contract, Educational Incencive Pay; effective December 9, 2025 Effective December 9, 2025
14 Pool Cashier
6 Police Aide
6 Clerical Aide I
7 Peer Advocate Counselor II
5 Recreation Instructor
EXHIBIT "B"
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 30,216.00 31,728.00 33,312.00 34,980.00 36,732.00 38,568.00 MONTHLY 2,518.00 2,644.00 2,776.00 2,915.00 3,061.00 3,214.00 BI-WEEKLY 1,162.15 1,220.31 1,281.23 1,345.38 1,412.77 1,483.38 HOURLY 14.5269 15.2538 16.0154 16.8173 17.6596 18.5423 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 30,972.00 32,520.00 34,152.00 35,856.00 37,644.00 39,528.00 MONTHLY 2,581.00 2,710.00 2,846.00 2,988.00 3,137.00 3,294.00 BI-WEEKLY 1,191.23 1,250.77 1,313.54 1,379.08 1,447.85 1,520.31 HOURLY 14.8904 15.6346 16.4192 17.2385 18.0981 19.0038
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 31,752.00 33,336.00 35,004.00 36,756.00 38,592.00 40,524.00 MONTHLY 2,646.00 2,778.00 2,917.00 3,063.00 3,216.00 3,377.00 BI-WEEKLY 1,221.23 1,282.15 1,346.31 1,413.69 1,484.31 1,558.62 HOURLY 15.2654 16.0269 16.8288 17.6712 18.5538 19.4827 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 32,544.00 34,176.00 35,880.00 37,680.00 39,564.00 41,544.00 MONTHLY 2,712.00 2,848.00 2,990.00 3,140.00 3,297.00 3,462.00 BI-WEEKLY 1,251.69 1,314.46 1,380.00 1,449.23 1,521.69 1,597.85 HOURLY 15.6462 16.4308 17.2500 18.1154 19.0212 19.9731 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 33,348.00 35,016.00 36,768.00 38,604.00 40,536.00 42,564.00 MONTHLY 2,779.00 2,918.00 3,064.00 3,217.00 3,378.00 3,547.00 BI-WEEKLY 1,282.62 1,346.77 1,414.15 1,484.77 1,559.08 1,637.08 HOURLY 16.0327 16.8346 17.6769 18.5596 19.4885 20.4635 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 34,188.00 35,892.00 37,692.00 39,576.00 41,556.00 43,632.00 MONTHLY 2,849.00 2,991.00 3,141.00 3,298.00 3,463.00 3,636.00 BI-WEEKLY 1,314.92 1,380.46 1,449.69 1,522.15 1,598.31 1,678.15 HOURLY 16.4365 17.2558 18.1212 19.0269 19.9788 20.9769 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 35,028.00 36,780.00 38,616.00 40,548.00 42,576.00 44,700.00 MONTHLY 2,919.00 3,065.00 3,218.00 3,379.00 3,548.00 3,725.00 BI-WEEKLY 1,347.23 1,414.62 1,485.23 1,559.54 1,637.54 1,719.23 HOURLY 16.8404 17.6827 18.5654 19.4942 20.4692 21.4904 18 19
20 15
16 17 Clerk Typist
21 Police Cadet
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 35,904.00 37,704.00 39,588.00 41,568.00 43,644.00 45,828.00 MONTHLY 2,992.00 3,142.00 3,299.00 3,464.00 3,637.00 3,819.00 BI-WEEKLY 1,380.92 1,450.15 1,522.62 1,598.77 1,678.62 1,762.62 HOURLY 17.2615 18.1269 19.0327 19.9846 20.9827 22.0327 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 36,804.00 38,640.00 40,572.00 42,600.00 44,736.00 46,968.00 MONTHLY 3,067.00 3,220.00 3,381.00 3,550.00 3,728.00 3,914.00 BI-WEEKLY 1,415.54 1,486.15 1,560.46 1,638.46 1,720.62 1,806.46 HOURLY 17.6942 18.5769 19.5058 20.4808 21.5077 22.5808 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 37,728.00 39,612.00 41,592.00 43,668.00 45,852.00 48,144.00 MONTHLY 3,144.00 3,301.00 3,466.00 3,639.00 3,821.00 4,012.00 BI-WEEKLY 1,451.08 1,523.54 1,599.69 1,679.54 1,763.54 1,851.69 HOURLY 18.1385 19.0442 19.9962 20.9942 22.0442 23.1462
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 38,676.00 40,608.00 42,636.00 44,772.00 47,016.00 49,368.00 MONTHLY 3,223.00 3,384.00 3,553.00 3,731.00 3,918.00 4,114.00 BI-WEEKLY 1,487.54 1,561.85 1,639.85 1,722.00 1,808.31 1,898.77 HOURLY 18.5942 19.5231 20.4981 21.5250 22.6038 23.7346
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 39,636.00 41,616.00 43,692.00 45,876.00 48,168.00 50,580.00 MONTHLY 3,303.00 3,468.00 3,641.00 3,823.00 4,014.00 4,215.00 BI-WEEKLY 1,524.46 1,600.62 1,680.46 1,764.46 1,852.62 1,945.38 HOURLY 19.0558 20.0077 21.0058 22.0558 23.1577 24.3173
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 40,620.00 42,648.00 44,784.00 47,028.00 49,380.00 51,852.00 MONTHLY 3,385.00 3,554.00 3,732.00 3,919.00 4,115.00 4,321.00 BI-WEEKLY 1,562.31 1,640.31 1,722.46 1,808.77 1,899.23 1,994.31 HOURLY 19.5288 20.5038 21.5308 22.6096 23.7404 24.9288
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 41,628.00 43,704.00 45,888.00 48,180.00 50,592.00 53,124.00 MONTHLY 3,469.00 3,642.00 3,824.00 4,015.00 4,216.00 4,427.00 BI-WEEKLY 1,601.08 1,680.92 1,764.92 1,853.08 1,945.85 2,043.23 HOURLY 20.0135 21.0115 22.0615 23.1635 24.3231 25.5404
24 22 Human Services Aide
22 FCC Program Assistant I
22 Recreation Leader I
23 Community Aide II
28 Police Assistant
28 Meal Services Coordinator
25 27 Lifeguard
26 Pool Supervisor
22 Geriatric Aide
28 Recreation Leader II
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 42,672.00 44,808.00 47,052.00 49,404.00 51,876.00 54,468.00 MONTHLY 3,556.00 3,734.00 3,921.00 4,117.00 4,323.00 4,539.00 BI-WEEKLY 1,641.23 1,723.38 1,809.69 1,900.15 1,995.23 2,094.92 HOURLY 20.5154 21.5423 22.6212 23.7519 24.9404 26.1865
*1* *2* *3* *4* *5* *6*
ANNUAL 43,728.00 45,912.00 48,204.00 50,616.00 53,148.00 55,800.00 MONTHLY 3,644.00 3,826.00 4,017.00 4,218.00 4,429.00 4,650.00 BI-WEEKLY 1,681.85 1,765.85 1,854.00 1,946.77 2,044.15 2,146.15 HOURLY 21.0231 22.0731 23.1750 24.3346 25.5519 26.8269
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 44,832.00 47,076.00 49,428.00 51,900.00 54,492.00 57,216.00 MONTHLY 3,736.00 3,923.00 4,119.00 4,325.00 4,541.00 4,768.00 BI-WEEKLY 1,724.31 1,810.62 1,901.08 1,996.15 2,095.85 2,200.62 HOURLY 21.5538 22.6327 23.7635 24.9519 26.1981 27.5077
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 45,948.00 48,240.00 50,652.00 53,184.00 55,848.00 58,644.00 MONTHLY 3,829.00 4,020.00 4,221.00 4,432.00 4,654.00 4,887.00 BI-WEEKLY 1,767.23 1,855.38 1,948.15 2,045.54 2,148.00 2,255.54 HOURLY 22.0904 23.1923 24.3519 25.5692 26.8500 28.1942
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 47,100.00 49,452.00 51,924.00 54,516.00 57,240.00 60,108.00 MONTHLY 3,925.00 4,121.00 4,327.00 4,543.00 4,770.00 5,009.00 BI-WEEKLY 1,811.54 1,902.00 1,997.08 2,096.77 2,201.54 2,311.85 HOURLY 22.6442 23.7750 24.9635 26.2096 27.5192 28.8981
30 Certified Nursing Assistant
29 Customer Service Clerk I
32 Home Improvement Maintenance Helper
32 Right-of-Way Maintenance Worker
33 Customer Service Clerk II
33 Relief Bus Operator Trainee
30 Custodian I
30 FCC Education Assistant II
31 Paratransit Driver
30 Office Specialist
33 Public Safety Officer
33 Equipment Utility Worker I
29 Recreation Therapist
30 Lifeguard/Swim Instuctor
30 FCC Program Assistant II
31 On-Demand (Micro/Paratransit) Operator
29 Account Clerk
29 Printing & Technology Intern
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 48,276.00 50,688.00 53,220.00 55,884.00 58,680.00 61,620.00 MONTHLY 4,023.00 4,224.00 4,435.00 4,657.00 4,890.00 5,135.00 BI-WEEKLY 1,856.77 1,949.54 2,046.92 2,149.38 2,256.92 2,370.00 HOURLY 23.2096 24.3692 25.5865 26.8673 28.2115 29.6250
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 49,488.00 51,960.00 54,564.00 57,288.00 60,156.00 63,168.00 MONTHLY 4,124.00 4,330.00 4,547.00 4,774.00 5,013.00 5,264.00 BI-WEEKLY 1,903.38 1,998.46 2,098.62 2,203.38 2,313.69 2,429.54 HOURLY 23.7923 24.9808 26.2327 27.5423 28.9212 30.3692
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 50,724.00 53,256.00 55,920.00 58,716.00 61,656.00 64,740.00 MONTHLY 4,227.00 4,438.00 4,660.00 4,893.00 5,138.00 5,395.00 BI-WEEKLY 1,950.92 2,048.31 2,150.77 2,258.31 2,371.38 2,490.00 HOURLY 24.3865 25.6038 26.8846 28.2288 29.6423 31.1250
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 51,996.00 54,600.00 57,336.00 60,204.00 63,216.00 66,372.00 MONTHLY 4,333.00 4,550.00 4,778.00 5,017.00 5,268.00 5,531.00 BI-WEEKLY 1,999.85 2,100.00 2,205.23 2,315.54 2,431.38 2,552.77 HOURLY 24.9981 26.2500 27.5654 28.9442 30.3923 31.9096
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 53,292.00 55,956.00 58,752.00 61,692.00 64,776.00 68,016.00 MONTHLY 4,441.00 4,663.00 4,896.00 5,141.00 5,398.00 5,668.00 BI-WEEKLY 2,049.69 2,152.15 2,259.69 2,372.77 2,491.38 2,616.00 HOURLY 25.6212 26.9019 28.2462 29.6596 31.1423 32.7000
38 Senior Account Clerk
38 Activity Coordinator
37 Relief Bus Operator
38 Police Records Technician I
34 Park Maintenance Worker I
34 On-Demand Transit Dispatcher
37 Nutrition Services Coordinator
38 Equipment Utility Worker II
38 Senior Clerk Typist
35 Help Desk Technician
35 Street Maintenance Worker
36 Intermediate Clerk Typist
38 Homeless Coordinator
34 Graffiti Technician
34 Paratransit Dispatcher
38 Purchasing Clerk
34 Custodian II
38 Police Service Technician
35 Community Aide III
36 Court Liaison
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 54,624.00 57,360.00 60,228.00 63,240.00 66,408.00 69,732.00 MONTHLY 4,552.00 4,780.00 5,019.00 5,270.00 5,534.00 5,811.00 BI-WEEKLY 2,100.92 2,206.15 2,316.46 2,432.31 2,554.15 2,682.00 HOURLY 26.2615 27.5769 28.9558 30.4038 31.9269 33.5250
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 55,980.00 58,776.00 61,716.00 64,800.00 68,040.00 71,448.00 MONTHLY 4,665.00 4,898.00 5,143.00 5,400.00 5,670.00 5,954.00 BI-WEEKLY 2,153.08 2,260.62 2,373.69 2,492.31 2,616.92 2,748.00 HOURLY 26.9135 28.2577 29.6712 31.1538 32.7115 34.3500
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 57,384.00 60,252.00 63,264.00 66,432.00 69,756.00 73,248.00 MONTHLY 4,782.00 5,021.00 5,272.00 5,536.00 5,813.00 6,104.00 BI-WEEKLY 2,207.08 2,317.38 2,433.23 2,555.08 2,682.92 2,817.23 HOURLY 27.5885 28.9673 30.4154 31.9385 33.5365 35.2154
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 58,824.00 61,764.00 64,848.00 68,088.00 71,496.00 75,072.00 MONTHLY 4,902.00 5,147.00 5,404.00 5,674.00 5,958.00 6,256.00 BI-WEEKLY 2,262.46 2,375.54 2,494.15 2,618.77 2,749.85 2,887.38 HOURLY 28.2808 29.6942 31.1769 32.7346 34.3731 36.0923
39 Apprentice Mechanic
41 Deputy City Clerk I
42 Community Services Officer
42 Police Service Officer
42 Community Center Coordinator
42 Tree Trimmer I
39 Park Maintenance Worker II
40 FCC Education Assistant III
39 Records Management Coordinator
40 Engineering Aide
42 Human Services Coordinator
40 Sr. Transit Utility Specialist
41 Permit/Licensing Technician I
42 Social Services Coordinator
42 Recreation Coordinator
42 Secretary
42 Police Records Technician II
39 Home Improvement Lead Person
40 FCC Program Assistant III
40 Public Works Coordinator
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 60,288.00 63,300.00 66,468.00 69,792.00 73,284.00 76,944.00 MONTHLY 5,024.00 5,275.00 5,539.00 5,816.00 6,107.00 6,412.00 BI-WEEKLY 2,318.77 2,434.62 2,556.46 2,684.31 2,818.62 2,959.38 HOURLY 28.9846 30.4327 31.9558 33.5538 35.2327 36.9923
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 61,800.00 64,896.00 68,136.00 71,544.00 75,120.00 78,876.00 MONTHLY 5,150.00 5,408.00 5,678.00 5,962.00 6,260.00 6,573.00 BI-WEEKLY 2,376.92 2,496.00 2,620.62 2,751.69 2,889.23 3,033.69 HOURLY 29.7115 31.2000 32.7577 34.3962 36.1154 37.9212
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 63,348.00 66,516.00 69,840.00 73,332.00 77,004.00 80,856.00 MONTHLY 5,279.00 5,543.00 5,820.00 6,111.00 6,417.00 6,738.00 BI-WEEKLY 2,436.46 2,558.31 2,686.15 2,820.46 2,961.69 3,109.85 HOURLY 30.4558 31.9788 33.5769 35.2558 37.0212 38.8731
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 64,932.00 68,184.00 71,592.00 75,168.00 78,924.00 82,872.00 MONTHLY 5,411.00 5,682.00 5,966.00 6,264.00 6,577.00 6,906.00 BI-WEEKLY 2,497.38 2,622.46 2,753.54 2,891.08 3,035.54 3,187.38 HOURLY 31.2173 32.7808 34.4192 36.1385 37.9442 39.8423
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 66,552.00 69,876.00 73,368.00 77,040.00 80,892.00 84,936.00 MONTHLY 5,546.00 5,823.00 6,114.00 6,420.00 6,741.00 7,078.00 BI-WEEKLY 2,559.69 2,687.54 2,821.85 2,963.08 3,111.23 3,266.77 HOURLY 31.9962 33.5942 35.2731 37.0385 38.8904 40.8346
43 Cement Finisher
46 Street Traffic Painter
43 Administrative Aide
45 Street Sweeper Operator
46 Heavy Equipment Operator
43 Building Maintenance Worker
43 Payroll / Personnel Technician
47 Maintenance Painter
47 Senior Building Maintenance Worker
47 Transit Mechanic
47 Transit Parts/Storeroom Coordinator
44 Building Aide
44 Building/Planning Technician
43 Transit Maintenance Coordinator
44 Administrative Secretary
44 Permit/Licensing Technician II
44 Sewer Maintenance Worker
44 Tree Trimmer II
43 Human Resources / Department Coordinator
43 Senior Citizens Social Services Coordinator
47 Equipment Mechanic
47 Graphics Technician
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 68,220.00 71,628.00 75,204.00 78,960.00 82,908.00 87,048.00 MONTHLY 5,685.00 5,969.00 6,267.00 6,580.00 6,909.00 7,254.00 BI-WEEKLY 2,623.85 2,754.92 2,892.46 3,036.92 3,188.77 3,348.00 HOURLY 32.7981 34.4365 36.1558 37.9615 39.8596 41.8500
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 69,924.00 73,416.00 77,088.00 80,940.00 84,984.00 89,232.00 MONTHLY 5,827.00 6,118.00 6,424.00 6,745.00 7,082.00 7,436.00 BI-WEEKLY 2,689.38 2,823.69 2,964.92 3,113.08 3,268.62 3,432.00 HOURLY 33.6173 35.2962 37.0615 38.9135 40.8577 42.9000
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 71,676.00 75,264.00 79,032.00 82,980.00 87,132.00 91,488.00 MONTHLY 5,973.00 6,272.00 6,586.00 6,915.00 7,261.00 7,624.00 BI-WEEKLY 2,756.77 2,894.77 3,039.69 3,191.54 3,351.23 3,518.77 HOURLY 34.4596 36.1846 37.9962 39.8942 41.8904 43.9846
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 73,464.00 77,136.00 80,988.00 85,032.00 89,280.00 93,744.00 MONTHLY 6,122.00 6,428.00 6,749.00 7,086.00 7,440.00 7,812.00 BI-WEEKLY 2,825.54 2,966.77 3,114.92 3,270.46 3,433.85 3,605.54 HOURLY 35.3192 37.0846 38.9365 40.8808 42.9231 45.0692
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 75,300.00 79,068.00 83,016.00 87,168.00 91,524.00 96,096.00 MONTHLY 6,275.00 6,589.00 6,918.00 7,264.00 7,627.00 8,008.00 BI-WEEKLY 2,896.15 3,041.08 3,192.92 3,352.62 3,520.15 3,696.00 HOURLY 36.2019 38.0135 39.9115 41.9077 44.0019 46.2000
48 Property and Evidence Technician
51 Lead Mechanic
48 Financial Services Technician
51 Electrical/Signal Technician I
52 Purchasing Specialist
49 Administrative Analyst I
48 Custodian-Lead
50 Case Management Supervisor/Instructor
51 Lead Equipment Mechanic
52 Payroll Specialist
51 Emergency Preparedness Coordinator
51 Engineering Technician
50 Transit Dispatcher/Operations Assistant
51 Planning Assistant
51 General Building Inspector
49 Recreation Supervisor
51 Executive Assistant to Chief of Police
48 Human Resources Technician
48 Junior Accountant
49 Program Coordinator
49 Community Services Counselor
51 Information Technology Coordinator
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 77,184.00 81,048.00 85,104.00 89,364.00 93,828.00 98,520.00 MONTHLY 6,432.00 6,754.00 7,092.00 7,447.00 7,819.00 8,210.00 BI-WEEKLY 2,968.62 3,117.23 3,273.23 3,437.08 3,608.77 3,789.23 HOURLY 37.1077 38.9654 40.9154 42.9635 45.1096 47.3654
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 79,128.00 83,088.00 87,240.00 91,608.00 96,192.00 101,004.00 MONTHLY 6,594.00 6,924.00 7,270.00 7,634.00 8,016.00 8,417.00 BI-WEEKLY 3,043.38 3,195.69 3,355.38 3,523.38 3,699.69 3,884.77 HOURLY 38.0423 39.9462 41.9423 44.0423 46.2462 48.5596
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 81,108.00 85,164.00 89,424.00 93,900.00 98,592.00 103,524.00 MONTHLY 6,759.00 7,097.00 7,452.00 7,825.00 8,216.00 8,627.00 BI-WEEKLY 3,119.54 3,275.54 3,439.38 3,611.54 3,792.00 3,981.69 HOURLY 38.9942 40.9442 42.9923 45.1442 47.4000 49.7712
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 83,124.00 87,276.00 91,644.00 96,228.00 101,040.00 106,092.00 MONTHLY 6,927.00 7,273.00 7,637.00 8,019.00 8,420.00 8,841.00 BI-WEEKLY 3,197.08 3,356.77 3,524.77 3,701.08 3,886.15 4,080.46 HOURLY 39.9635 41.9596 44.0596 46.2635 48.5769 51.0058
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 85,212.00 89,472.00 93,948.00 98,640.00 103,572.00 108,756.00 MONTHLY 7,101.00 7,456.00 7,829.00 8,220.00 8,631.00 9,063.00 BI-WEEKLY 3,277.38 3,441.23 3,613.38 3,793.85 3,983.54 4,182.92 HOURLY 40.9673 43.0154 45.1673 47.4231 49.7942 52.2865
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 87,348.00 91,716.00 96,300.00 101,112.00 106,164.00 111,468.00 MONTHLY 7,279.00 7,643.00 8,025.00 8,426.00 8,847.00 9,289.00 BI-WEEKLY 3,359.54 3,527.54 3,703.85 3,888.92 4,083.23 4,287.23 HOURLY 41.9942 44.0942 46.2981 48.6115 51.0404 53.5904
54 Forensic Technician
53 Public Works Lead
53 Public Works Inspector
56 Assistant Engineer
57 Senior Accountant
55 Electrical/Signal Technician II
54 Administrative Analyst II
54 Transit Marketing Coordinator
58 Code Enforcement Supervisor
58 Associate Planner
53 Code Enforcement Officer
56 Administrative Coordinator
54 Building Maintenance Lead
55 Crime Analyst
53 FCC Education Coordinator
53 Park Maintenance Lead
57 Communications Liaison Officer
56 FCC Program Coordinator
53 Transit Operations Training Coordinator
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 89,532.00 94,008.00 98,712.00 103,644.00 108,828.00 114,264.00 MONTHLY 7,461.00 7,834.00 8,226.00 8,637.00 9,069.00 9,522.00 BI-WEEKLY 3,443.54 3,615.69 3,796.62 3,986.31 4,185.69 4,394.77 HOURLY 43.0442 45.1962 47.4577 49.8288 52.3212 54.9346
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 91,764.00 96,348.00 101,160.00 106,224.00 111,540.00 117,120.00 MONTHLY 7,647.00 8,029.00 8,430.00 8,852.00 9,295.00 9,760.00 BI-WEEKLY 3,529.38 3,705.69 3,890.77 4,085.54 4,290.00 4,504.62 HOURLY 44.1173 46.3212 48.6346 51.0692 53.6250 56.3077
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 94,056.00 98,760.00 103,704.00 108,888.00 114,336.00 120,048.00 MONTHLY 7,838.00 8,230.00 8,642.00 9,074.00 9,528.00 10,004.00 BI-WEEKLY 3,617.54 3,798.46 3,988.62 4,188.00 4,397.54 4,617.23 HOURLY 45.2192 47.4808 49.8577 52.3500 54.9692 57.7154
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 96,408.00 101,232.00 106,296.00 111,612.00 117,192.00 123,048.00 MONTHLY 8,034.00 8,436.00 8,858.00 9,301.00 9,766.00 10,254.00 BI-WEEKLY 3,708.00 3,893.54 4,088.31 4,292.77 4,507.38 4,732.62 HOURLY 46.3500 48.6692 51.1038 53.6596 56.3423 59.1577
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 98,820.00 103,764.00 108,948.00 114,396.00 120,120.00 126,132.00 MONTHLY 8,235.00 8,647.00 9,079.00 9,533.00 10,010.00 10,511.00 BI-WEEKLY 3,800.77 3,990.92 4,190.31 4,399.85 4,620.00 4,851.23 HOURLY 47.5096 49.8865 52.3788 54.9981 57.7500 60.6404
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 101,292.00 106,356.00 111,672.00 117,252.00 123,120.00 129,276.00 MONTHLY 8,441.00 8,863.00 9,306.00 9,771.00 10,260.00 10,773.00 BI-WEEKLY 3,895.85 4,090.62 4,295.08 4,509.69 4,735.38 4,972.15 HOURLY 48.6981 51.1327 53.6885 56.3712 59.1923 62.1519
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 103,824.00 109,020.00 114,468.00 120,192.00 126,204.00 132,516.00 MONTHLY 8,652.00 9,085.00 9,539.00 10,016.00 10,517.00 11,043.00 BI-WEEKLY 3,993.23 4,193.08 4,402.62 4,622.77 4,854.00 5,096.77 HOURLY 49.9154 52.4135 55.0327 57.7846 60.6750 63.7096
59 Administrative Support Services Supervisor
64 65
63 61 Information Technology Systems Analyst - Transit
60 62 Information Technology Supervisor
61 Transit Planning and Scheduling Analyst
61 Administrative Analyst III
61 Associate Engineer
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 106,416.00 111,732.00 117,324.00 123,192.00 129,348.00 135,816.00 MONTHLY 8,868.00 9,311.00 9,777.00 10,266.00 10,779.00 11,318.00 BI-WEEKLY 4,092.92 4,297.38 4,512.46 4,738.15 4,974.92 5,223.69 HOURLY 51.1615 53.7173 56.4058 59.2269 62.1865 65.2962
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 109,080.00 114,540.00 120,264.00 126,276.00 132,588.00 139,212.00 MONTHLY 9,090.00 9,545.00 10,022.00 10,523.00 11,049.00 11,601.00 BI-WEEKLY 4,195.38 4,405.38 4,625.54 4,856.77 5,099.54 5,354.31 HOURLY 52.4423 55.0673 57.8192 60.7096 63.7442 66.9288
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 59,424.00 62,400.00 65,520.00 68,796.00 72,240.00 75,852.00 MONTHLY 4,952.00 5,200.00 5,460.00 5,733.00 6,020.00 6,321.00 BI-WEEKLY 2,285.54 2400.00 2520.00 2,646.00 2,778.46 2,917.38 HOURLY 28.5692 30.0000 31.5000 33.0750 34.7308 36.4673 Specialty - 5% 247.60 260.00 273.00 286.65 301.00 316.05 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 65,508.00 68,784.00 72,228.00 75,840.00 79,632.00 83,616.00 MONTHLY 5,459.00 5,732.00 6,019.00 6,320.00 6,636.00 6,968.00 BI-WEEKLY 2,519.54 2,645.54 2,778.00 2,916.92 3,062.77 3,216.00 HOURLY 31.4942 33.0692 34.7250 36.4615 38.2846 40.2000
Lgy Bonus 10 136.48 143.30 150.48 158.00 165.90 174.20
Lgy Bonus 20 272.95 286.60 300.95 316.00 331.80 348.40
Lgy Bonus 25 409.43 429.90 451.43 474.00 497.70 522.60
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 67,140.00 70,500.00 74,028.00 77,724.00 81,612.00 85,692.00 MONTHLY 5,595.00 5,875.00 6,169.00 6,477.00 6,801.00 7,141.00 BI-WEEKLY 2,582.31 2711.54 2847.23 2989.38 3138.92 3295.85 HOURLY 32.2788 33.8942 35.5904 37.3673 39.2365 41.1981
Lgy Bonus 10 139.88 146.88 154.23 161.93 170.03 178.53
Lgy Bonus 20 279.75 293.75 308.45 323.85 340.05 357.05
Lgy Bonus 25 419.63 440.63 462.68 485.78 510.08 535.58
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 68,820.00 72,264.00 75,876.00 79,668.00 83,652.00 87,840.00 MONTHLY 5,735.00 6,022.00 6,323.00 6,639.00 6,971.00 7,320.00 BI-WEEKLY 2,646.92 2,779.38 2,918.31 3,064.15 3,217.38 3,378.46 HOURLY 33.0865 34.7423 36.4788 38.3019 40.2173 42.2308
Lgy Bonus 10 143.38 150.55 158.08 165.98 174.28 183.00
Lgy Bonus 20 286.75 301.10 316.15 331.95 348.55 366.00
Lgy Bonus 25 430.13 451.65 474.23 497.93 522.83 549.00
104
105
90 Bus Operator
67 106
66 Civil Engineer
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 70,548.00 74,076.00 77,784.00 81,672.00 85,752.00 90,036.00 MONTHLY 5,879.00 6,173.00 6,482.00 6,806.00 7,146.00 7,503.00 BI-WEEKLY 2,713.38 2,849.08 2,991.69 3,141.23 3,298.15 3,462.92 HOURLY 33.9173 35.6135 37.3962 39.2654 41.2269 43.2865
Lgy Bonus 10 146.98 154.33 162.05 170.15 178.65 187.58
Lgy Bonus 20 293.95 308.65 324.10 340.30 357.30 375.15
Lgy Bonus 25 440.93 462.98 486.15 510.45 535.95 562.73
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 72,312.00 75,924.00 79,716.00 83,700.00 87,888.00 92,280.00 MONTHLY 6,026.00 6,327.00 6,643.00 6,975.00 7,324.00 7,690.00 BI-WEEKLY 2,781.23 2,920.15 3,066.00 3,219.23 3,380.31 3,549.23 HOURLY 34.7654 36.5019 38.3250 40.2404 42.2538 44.3654
Lgy Bonus 10 150.65 158.18 166.08 174.38 183.10 192.25
Lgy Bonus 20 301.30 316.35 332.15 348.75 366.20 384.50
Lgy Bonus 25 451.95 474.53 498.23 523.13 549.30 576.75
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 74,124.00 77,832.00 81,720.00 85,812.00 90,108.00 94,608.00 MONTHLY 6,177.00 6,486.00 6,810.00 7,151.00 7,509.00 7,884.00 BI-WEEKLY 2,850.92 2,993.54 3,143.08 3,300.46 3,465.69 3,638.77 HOURLY 35.6365 37.4192 39.2885 41.2558 43.3212 45.4846
Lgy Bonus 10 154.43 162.15 170.25 178.78 187.73 197.10
Lgy Bonus 20 308.85 324.30 340.50 357.55 375.45 394.20
Lgy Bonus 25 463.28 486.45 510.75 536.33 563.18 591.30
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 75,960.00 79,764.00 83,748.00 87,936.00 92,328.00 96,948.00 MONTHLY 6,330.00 6,647.00 6,979.00 7,328.00 7,694.00 8,079.00 BI-WEEKLY 2,921.54 3,067.85 3,221.08 3,382.15 3,551.08 3,728.77 HOURLY 36.5192 38.3481 40.2635 42.2769 44.3885 46.6096
Lgy Bonus 10 158.25 166.18 174.48 183.20 192.35 201.98
Lgy Bonus 20 316.50 332.35 348.95 366.40 384.70 403.95
Lgy Bonus 25 474.75 498.53 523.43 549.60 577.05 605.93
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 77,868.00 81,756.00 85,848.00 90,144.00 94,656.00 99,384.00 MONTHLY 6,489.00 6,813.00 7,154.00 7,512.00 7,888.00 8,282.00 BI-WEEKLY 2,994.92 3,144.46 3,301.85 3,467.08 3,640.62 3,822.46 HOURLY 37.4365 39.3058 41.2731 43.3385 45.5077 47.7808
Lgy Bonus 10 162.23 170.33 178.85 187.80 197.20 207.05
Lgy Bonus 20 324.45 340.65 357.70 375.60 394.40 414.10
Lgy Bonus 25 486.68 510.98 536.55 563.40 591.60 621.15
107
108 Economic Development Analyst
109
111
110
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 79,836.00 83,832.00 88,020.00 92,424.00 97,044.00 101,892.00 MONTHLY 6,653.00 6,986.00 7,335.00 7,702.00 8,087.00 8,491.00 BI-WEEKLY 3,070.62 3,224.31 3,385.38 3,554.77 3,732.46 3,918.92 HOURLY 38.3827 40.3038 42.3173 44.4346 46.6558 48.9865
Lgy Bonus 10 166.33 174.65 183.38 192.55 202.18 212.28
Lgy Bonus 20 332.65 349.30 366.75 385.10 404.35 424.55
Lgy Bonus 25 498.98 523.95 550.13 577.65 606.53 636.83
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 81,840.00 85,932.00 90,228.00 94,740.00 99,480.00 104,460.00 MONTHLY 6,820.00 7,161.00 7,519.00 7,895.00 8,290.00 8,705.00 BI-WEEKLY 3,147.69 3,305.08 3,470.31 3,643.85 3,826.15 4,017.69 HOURLY 39.3462 41.3135 43.3788 45.5481 47.8269 50.2212
Lgy Bonus 10 170.50 179.03 187.98 197.38 207.25 217.63
Lgy Bonus 20 341.00 358.05 375.95 394.75 414.50 435.25
Lgy Bonus 25 511.50 537.08 563.93 592.13 621.75 652.88
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 83,880.00 88,080.00 92,484.00 97,104.00 101,964.00 107,064.00 MONTHLY 6,990.00 7,340.00 7,707.00 8,092.00 8,497.00 8,922.00 BI-WEEKLY 3,226.15 3,387.69 3,557.08 3,734.77 3,921.69 4,117.85 HOURLY 40.3269 42.3462 44.4635 46.6846 49.0212 51.4731
Lgy Bonus 10 174.75 183.50 192.68 202.30 212.43 223.05
Lgy Bonus 20 349.50 367.00 385.35 404.60 424.85 446.10
Lgy Bonus 25 524.25 550.50 578.03 606.90 637.28 669.15
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 85,980.00 90,276.00 94,788.00 99,528.00 104,508.00 109,728.00 MONTHLY 7,165.00 7,523.00 7,899.00 8,294.00 8,709.00 9,144.00 BI-WEEKLY 3,306.92 3,472.15 3,645.69 3,828.00 4,019.54 4,220.31 HOURLY 41.3365 43.4019 45.5712 47.8500 50.2442 52.7538
Lgy Bonus 10 179.13 188.08 197.48 207.35 217.73 228.60
Lgy Bonus 20 358.25 376.15 394.95 414.70 435.45 457.20
Lgy Bonus 25 537.38 564.23 592.43 622.05 653.18 685.80
115 Human Resources Analyst
115 Deputy City Clerk/Records Management Officer
115 Deputy City Treasurer
113
114
112
115 Risk Management Analyst
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 88,116.00 92,520.00 97,152.00 102,012.00 107,112.00 112,464.00 MONTHLY 7,343.00 7,710.00 8,096.00 8,501.00 8,926.00 9,372.00 BI-WEEKLY 3,389.08 3,558.46 3,736.62 3,923.54 4,119.69 4,325.54 HOURLY 42.3635 44.4808 46.7077 49.0442 51.4962 54.0692
Lgy Bonus 10 183.58 192.75 202.40 212.53 223.15 234.30
Lgy Bonus 20 367.15 385.50 404.80 425.05 446.30 468.60
Lgy Bonus 25 550.73 578.25 607.20 637.58 669.45 702.90
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 90,312.00 94,824.00 99,564.00 104,544.00 109,776.00 115,260.00 MONTHLY 7,526.00 7,902.00 8,297.00 8,712.00 9,148.00 9,605.00 BI-WEEKLY 3,473.54 3,647.08 3,829.38 4,020.92 4,222.15 4,433.08 HOURLY 43.4192 45.5885 47.8673 50.2615 52.7769 55.4135
Lgy Bonus 10 188.15 197.55 207.43 217.80 228.70 240.13
Lgy Bonus 20 376.30 395.10 414.85 435.60 457.40 480.25
Lgy Bonus 25 564.45 592.65 622.28 653.40 686.10 720.38
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 92,580.00 97,212.00 102,072.00 107,172.00 112,536.00 118,164.00 MONTHLY 7,715.00 8,101.00 8,506.00 8,931.00 9,378.00 9,847.00 BI-WEEKLY 3,560.77 3,738.92 3,925.85 4,122.00 4,328.31 4,544.77 HOURLY 44.5096 46.7365 49.0731 51.5250 54.1038 56.8096
Lgy Bonus 10 192.88 202.53 212.65 223.28 234.45 246.18
Lgy Bonus 20 385.75 405.05 425.30 446.55 468.90 492.35
Lgy Bonus 25 578.63 607.58 637.95 669.83 703.35 738.53
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 94,884.00 99,624.00 104,604.00 109,836.00 115,332.00 121,104.00 MONTHLY 7,907.00 8,302.00 8,717.00 9,153.00 9,611.00 10,092.00 BI-WEEKLY 3,649.38 3,831.69 4,023.23 4,224.46 4,435.85 4,657.85 HOURLY 45.6173 47.8962 50.2904 52.8058 55.4481 58.2231
Lgy Bonus 10 197.68 207.55 217.93 228.83 240.28 252.30
Lgy Bonus 20 395.35 415.10 435.85 457.65 480.55 504.60
Lgy Bonus 25 593.03 622.65 653.78 686.48 720.83 756.90
119 Fleet Maintenance Supervisor
118 Administrative Management Analyst I
119 Transit Administrative Supervisor
117 Transportation Operations Supervisor
119 Transit Training and Safety Supervisor
119 Accountant/Cost Accountant
116
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 97,272.00 102,132.00 107,244.00 112,608.00 118,236.00 124,152.00 MONTHLY 8,106.00 8,511.00 8,937.00 9,384.00 9,853.00 10,346.00 BI-WEEKLY 3,741.23 3,928.15 4,124.77 4,331.08 4,547.54 4,775.08 HOURLY 46.7654 49.1019 51.5596 54.1385 56.8442 59.6885
Lgy Bonus 10 202.65 212.78 223.43 234.60 246.33 258.65
Lgy Bonus 20 405.30 425.55 446.85 469.20 492.65 517.30
Lgy Bonus 25 607.95 638.33 670.28 703.80 738.98 775.95
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 99,696.00 104,676.00 109,908.00 115,404.00 121,176.00 127,236.00 MONTHLY 8,308.00 8,723.00 9,159.00 9,617.00 10,098.00 10,603.00 BI-WEEKLY 3,834.46 4,026.00 4,227.23 4,438.62 4,660.62 4,893.69 HOURLY 47.9308 50.3250 52.8404 55.4827 58.2577 61.1712
Lgy Bonus 10 207.70 218.08 228.98 240.43 252.45 265.08
Lgy Bonus 20 415.40 436.15 457.95 480.85 504.90 530.15
Lgy Bonus 25 623.10 654.23 686.93 721.28 757.35 795.23
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 102,192.00 107,304.00 112,668.00 118,296.00 124,212.00 130,428.00 MONTHLY 8,516.00 8,942.00 9,389.00 9,858.00 10,351.00 10,869.00 BI-WEEKLY 3,930.46 4,127.08 4,333.38 4,549.85 4,777.38 5,016.46 HOURLY 49.1308 51.5885 54.1673 56.8731 59.7173 62.7058
Lgy Bonus 10 212.90 223.55 234.73 246.45 258.78 271.73
Lgy Bonus 20 425.80 447.10 469.45 492.90 517.55 543.45
Lgy Bonus 25 638.70 670.65 704.18 739.35 776.33 815.18
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 104,748.00 109,980.00 115,476.00 121,248.00 127,308.00 133,668.00 MONTHLY 8,729.00 9,165.00 9,623.00 10,104.00 10,609.00 11,139.00 BI-WEEKLY 4,028.77 4,230.00 4,441.38 4,663.38 4,896.46 5,141.08 HOURLY 50.3596 52.8750 55.5173 58.2923 61.2058 64.2635
Lgy Bonus 10 218.23 229.13 240.58 252.60 265.23 278.48
Lgy Bonus 20 436.45 458.25 481.15 505.20 530.45 556.95
Lgy Bonus 25 654.68 687.38 721.73 757.80 795.68 835.43
122 Senior Human Resources Analyst
120 Executive Office Assistant
120 Administrative Management Analyst II
122 Facilities Maintenance Supervisor
123
121
122 Senior Planner
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 107,376.00 112,740.00 118,380.00 124,296.00 130,512.00 137,040.00 MONTHLY 8,948.00 9,395.00 9,865.00 10,358.00 10,876.00 11,420.00 BI-WEEKLY 4,129.85 4,336.15 4,553.08 4,780.62 5,019.69 5,270.77 HOURLY 51.6231 54.2019 56.9135 59.7577 62.7462 65.8846
Lgy Bonus 10 223.70 234.88 246.63 258.95 271.90 285.50
Lgy Bonus 20 447.40 469.75 493.25 517.90 543.80 571.00
Lgy Bonus 25 671.10 704.63 739.88 776.85 815.70 856.50
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 110,052.00 115,560.00 121,344.00 127,416.00 133,788.00 140,472.00 MONTHLY 9,171.00 9,630.00 10,112.00 10,618.00 11,149.00 11,706.00 BI-WEEKLY 4,232.77 4,444.62 4,667.08 4,900.62 5,145.69 5,402.77 HOURLY 52.9096 55.5577 58.3385 61.2577 64.3212 67.5346
Lgy Bonus 10 229.28 240.75 252.80 265.45 278.73 292.65
Lgy Bonus 20 458.55 481.50 505.60 530.90 557.45 585.30
Lgy Bonus 25 687.83 722.25 758.40 796.35 836.18 877.95
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 112,812.00 118,452.00 124,380.00 130,596.00 137,124.00 143,976.00 MONTHLY 9,401.00 9,871.00 10,365.00 10,883.00 11,427.00 11,998.00 BI-WEEKLY 4,338.92 4,555.85 4,783.85 5,022.92 5,274.00 5,537.54 HOURLY 54.2365 56.9481 59.7981 62.7865 65.9250 69.2192
Lgy Bonus 10 235.03 246.78 259.13 272.08 285.68 299.95
Lgy Bonus 20 470.05 493.55 518.25 544.15 571.35 599.90
Lgy Bonus 25 705.08 740.33 777.38 816.23 857.03 899.85
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 115,632.00 121,416.00 127,488.00 133,860.00 140,556.00 147,588.00 MONTHLY 9,636.00 10,118.00 10,624.00 11,155.00 11,713.00 12,299.00 BI-WEEKLY 4,447.38 4,669.85 4,903.38 5,148.46 5,406.00 5,676.46 HOURLY 55.5923 58.3731 61.2923 64.3558 67.5750 70.9558
Lgy Bonus 10 240.90 252.95 265.60 278.88 292.83 307.48
Lgy Bonus 20 481.80 505.90 531.20 557.75 585.65 614.95
Lgy Bonus 25 722.70 758.85 796.80 836.63 878.48 922.43
126 Family Child Care Manager
126 Community Development Manager
126 Economic Development Manager
126 Administrative Services Manager
126 Recreation & Human Services Manager
127
126 Transportation Administrative Manager
124 Assistant Transit Operations Manager
125 Public Information Officer
124 Senior Administrative Analyst
124 Transit Training and Safety Manager
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 118,524.00 124,452.00 130,680.00 137,220.00 144,084.00 151,284.00 MONTHLY 9,877.00 10,371.00 10,890.00 11,435.00 12,007.00 12,607.00 BI-WEEKLY 4,558.62 4,786.62 5,026.15 5,277.69 5,541.69 5,818.62 HOURLY 56.9827 59.8327 62.8269 65.9712 69.2712 72.7327
Lgy Bonus 10 246.93 259.28 272.25 285.88 300.18 315.18
Lgy Bonus 20 493.85 518.55 544.50 571.75 600.35 630.35
Lgy Bonus 25 740.78 777.83 816.75 857.63 900.53 945.53
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 121,488.00 127,560.00 133,944.00 140,640.00 147,672.00 155,052.00 MONTHLY 10,124.00 10,630.00 11,162.00 11,720.00 12,306.00 12,921.00 BI-WEEKLY 4,672.62 4,906.15 5,151.69 5,409.23 5,679.69 5,963.54 HOURLY 58.4077 61.3269 64.3962 67.6154 70.9962 74.5442
Lgy Bonus 10 253.10 265.75 279.05 293.00 307.65 323.03
Lgy Bonus 20 506.20 531.50 558.10 586.00 615.30 646.05
Lgy Bonus 25 759.30 797.25 837.15 879.00 922.95 969.08
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 124,512.00 130,740.00 137,280.00 144,144.00 151,356.00 158,928.00 MONTHLY 10,376.00 10,895.00 11,440.00 12,012.00 12,613.00 13,244.00 BI-WEEKLY 4,788.92 5,028.46 5,280.00 5,544.00 5,821.38 6,112.62 HOURLY 59.8615 62.8558 66.0000 69.3000 72.7673 76.4077
Lgy Bonus 10 259.40 272.38 286.00 300.30 315.33 331.10
Lgy Bonus 20 518.80 544.75 572.00 600.60 630.65 662.20
Lgy Bonus 25 778.20 817.13 858.00 900.90 945.98 993.30
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 127,632.00 134,016.00 140,712.00 147,744.00 155,136.00 162,888.00 MONTHLY 10,636.00 11,168.00 11,726.00 12,312.00 12,928.00 13,574.00 BI-WEEKLY 4,908.92 5,154.46 5,412.00 5,682.46 5,966.77 6,264.92 HOURLY 61.3615 64.4308 67.6500 71.0308 74.5846 78.3115
Lgy Bonus 10 265.90 279.20 293.15 307.80 323.20 339.35
Lgy Bonus 20 531.80 558.40 586.30 615.60 646.40 678.70
Lgy Bonus 25 797.70 837.60 879.45 923.40 969.60 1018.05 130 Revenue and Purchasing Manager
128 Equipment Maintenance Superintendent
129
131 Plan Check Engineer
128 Finance and Administrative Services Manager
130 Information Technology Manager
130 Recreation Program Administrator
130 Accounting/Finance Manager
130 Park Maintenance Superintendent
128 Financial Services Manager
130 Street Maintenance Superintendent
131 Transit Operations Manager
128 Transit Maintenance Manager
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 130,824.00 137,364.00 144,228.00 151,440.00 159,012.00 166,968.00 MONTHLY 10,902.00 11,447.00 12,019.00 12,620.00 13,251.00 13,914.00 BI-WEEKLY 5,031.69 5,283.23 5,547.23 5,824.62 6,115.85 6,421.85 HOURLY 62.8962 66.0404 69.3404 72.8077 76.4481 80.2731
Lgy Bonus 10 272.55 286.18 300.48 315.50 331.28 347.85
Lgy Bonus 20 545.10 572.35 600.95 631.00 662.55 695.70
Lgy Bonus 25 817.65 858.53 901.43 946.50 993.83 1043.55 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 134,076.00 140,784.00 147,828.00 155,220.00 162,984.00 171,132.00 MONTHLY 11,173.00 11,732.00 12,319.00 12,935.00 13,582.00 14,261.00 BI-WEEKLY 5,156.77 5,414.77 5,685.69 5,970.00 6,268.62 6,582.00 HOURLY 64.4596 67.6846 71.0712 74.6250 78.3577 82.2750
Lgy Bonus 10 279.33 293.30 307.98 323.38 339.55 356.53
Lgy Bonus 20 558.65 586.60 615.95 646.75 679.10 713.05
Lgy Bonus 25 837.98 879.90 923.93 970.13 1018.65 1069.58 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 137,448.00 144,324.00 151,536.00 159,108.00 167,064.00 175,416.00 MONTHLY 11,454.00 12,027.00 12,628.00 13,259.00 13,922.00 14,618.00 BI-WEEKLY 5,286.46 5,550.92 5,828.31 6,119.54 6,425.54 6,746.77 HOURLY 66.0808 69.3865 72.8538 76.4942 80.3192 84.3346
Lgy Bonus 10 286.35 300.68 315.70 331.48 348.05 365.45
Lgy Bonus 20 572.70 601.35 631.40 662.95 696.10 730.90
Lgy Bonus 25 859.05 902.03 947.10 994.43 1044.15 1096.35 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 140,868.00 147,912.00 155,304.00 163,068.00 171,216.00 179,772.00 MONTHLY 11,739.00 12,326.00 12,942.00 13,589.00 14,268.00 14,981.00 BI-WEEKLY 5,418.00 5,688.92 5,973.23 6,271.85 6,585.23 6,914.31 HOURLY 67.7250 71.1115 74.6654 78.3981 82.3154 86.4288
Lgy Bonus 10 293.48 308.15 323.55 339.73 356.70 374.53
Lgy Bonus 20 586.95 616.30 647.10 679.45 713.40 749.05
Lgy Bonus 25 880.43 924.45 970.65 1019.18 1070.10 1123.58 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 144,384.00 151,608.00 159,192.00 167,148.00 175,500.00 184,272.00 MONTHLY 12,032.00 12,634.00 13,266.00 13,929.00 14,625.00 15,356.00 BI-WEEKLY 5,553.23 5,831.08 6,122.77 6,428.77 6,750.00 7,087.38 HOURLY 69.4154 72.8885 76.5346 80.3596 84.3750 88.5923
Lgy Bonus 10 300.80 315.85 331.65 348.23 365.63 383.90
Lgy Bonus 20 601.60 631.70 663.30 696.45 731.25 767.80
Lgy Bonus 25 902.40 947.55 994.95 1044.68 1096.88 1151.70 135
136
133 Human Resources Manager
132 FCC Therapist/Trainer II
134 Assistant to the City Manager
133 Public Works Superintendent
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 148,008.00 155,412.00 163,188.00 171,348.00 179,916.00 188,916.00 MONTHLY 12,334.00 12,951.00 13,599.00 14,279.00 14,993.00 15,743.00 BI-WEEKLY 5,692.62 5,977.38 6,276.46 6,590.31 6,919.85 7,266.00 HOURLY 71.1577 74.7173 78.4558 82.3788 86.4981 90.8250
Lgy Bonus 10 308.35 323.78 339.98 356.98 374.83 393.58
Lgy Bonus 20 616.70 647.55 679.95 713.95 749.65 787.15
Lgy Bonus 25 925.05 971.33 1019.93 1070.93 1124.48 1180.73 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 151,704.00 159,288.00 167,256.00 175,620.00 184,404.00 193,620.00 MONTHLY 12,642.00 13,274.00 13,938.00 14,635.00 15,367.00 16,135.00 BI-WEEKLY 5,834.77 6,126.46 6,432.92 6,754.62 7,092.46 7,446.92 HOURLY 72.9346 76.5808 80.4115 84.4327 88.6558 93.0865
Lgy Bonus 10 316.05 331.85 348.45 365.88 384.18 403.38
Lgy Bonus 20 632.10 663.70 696.90 731.75 768.35 806.75
Lgy Bonus 25 948.15 995.55 1045.35 1097.63 1152.53 1210.13 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 155,496.00 163,272.00 171,432.00 180,000.00 189,000.00 198,456.00 MONTHLY 12,958.00 13,606.00 14,286.00 15,000.00 15,750.00 16,538.00 BI-WEEKLY 5,980.62 6,279.69 6,593.54 6,923.08 7,269.23 7,632.92 HOURLY 74.7577 78.4962 82.4192 86.5385 90.8654 95.4115
Lgy Bonus 10 323.95 340.15 357.15 375.00 393.75 413.45
Lgy Bonus 20 647.90 680.30 714.30 750.00 787.50 826.90
Lgy Bonus 25 971.85 1020.45 1071.45 1125.00 1181.25 1240.35 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 159,384.00 167,352.00 175,716.00 184,500.00 193,728.00 203,412.00 MONTHLY 13,282.00 13,946.00 14,643.00 15,375.00 16,144.00 16,951.00 BI-WEEKLY 6,130.15 6,436.62 6,758.31 7,096.15 7,451.08 7,823.54 HOURLY 76.6269 80.4577 84.4788 88.7019 93.1385 97.7942
Lgy Bonus 10 332.05 348.65 366.08 384.38 403.60 423.78
Lgy Bonus 20 664.10 697.30 732.15 768.75 807.20 847.55
Lgy Bonus 25 996.15 1045.95 1098.23 1153.13 1210.80 1271.33 138 Principal Civil Engineer
140
138 Transit Operations Officer
139
137
138 Chief Fiscal Officer
138 Transit Administrative Officer
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 163,368.00 171,540.00 180,120.00 189,132.00 198,588.00 208,512.00 MONTHLY 13,614.00 14,295.00 15,010.00 15,761.00 16,549.00 17,376.00 BI-WEEKLY 6,283.38 6,597.69 6,927.69 7,274.31 7,638.00 8,019.69 HOURLY 78.5423 82.4712 86.5962 90.9288 95.4750 100.2462 Lgy Bonus 10 340.35 357.38 375.25 394.03 413.73 434.40
Lgy Bonus 20 680.70 714.75 750.50 788.05 827.45 868.80
Lgy Bonus 25 1021.05 1072.13 1125.75 1182.08 1241.18 1303.20 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 167,448.00 175,824.00 184,620.00 193,848.00 203,544.00 213,720.00 MONTHLY 13,954.00 14,652.00 15,385.00 16,154.00 16,962.00 17,810.00 BI-WEEKLY 6,440.31 6,762.46 7,100.77 7,455.69 7,828.62 8,220.00 HOURLY 80.5038 84.5308 88.7596 93.1962 97.8577 102.7500 Lgy Bonus 10 348.85 366.30 384.63 403.85 424.05 445.25
Lgy Bonus 20 697.70 732.60 769.25 807.70 848.10 890.50
Lgy Bonus 25 1046.55 1098.90 1153.88 1211.55 1272.15 1335.75 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 171,648.00 180,228.00 189,240.00 198,708.00 208,644.00 219,072.00 MONTHLY 14,304.00 15,019.00 15,770.00 16,559.00 17,387.00 18,256.00 BI-WEEKLY 6,601.85 6,931.85 7,278.46 7,642.62 8,024.77 8,425.85 HOURLY 82.5231 86.6481 90.9808 95.5327 100.3096 105.3231 Lgy Bonus 10 357.60 375.48 394.25 413.98 434.68 456.40
Lgy Bonus 20 715.20 750.95 788.50 827.95 869.35 912.80
Lgy Bonus 25 1072.80 1126.43 1182.75 1241.93 1304.03 1369.20 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 175,932.00 184,728.00 193,968.00 203,664.00 213,852.00 224,544.00 MONTHLY 14,661.00 15,394.00 16,164.00 16,972.00 17,821.00 18,712.00 BI-WEEKLY 6,766.62 7,104.92 7,460.31 7,833.23 8,225.08 8,636.31 HOURLY 84.5827 88.8115 93.2538 97.9154 102.8135 107.9538 Lgy Bonus 10 366.53 384.85 404.10 424.30 445.53 467.80
Lgy Bonus 20 733.05 769.70 808.20 848.60 891.05 935.60
Lgy Bonus 25 1099.58 1154.55 1212.30 1272.90 1336.58 1403.40 142
144
141 Assistant Director of Community Development
143
141 Assistant Public Works Director/City Engineer
141 Assistant Director of Transportation
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 180,336.00 189,348.00 198,816.00 208,752.00 219,192.00 230,148.00 MONTHLY 15,028.00 15,779.00 16,568.00 17,396.00 18,266.00 19,179.00 BI-WEEKLY 6,936.00 7,282.62 7,646.77 8,028.92 8,430.46 8,851.85 HOURLY 86.7000 91.0327 95.5846 100.3615 105.3808 110.6481 Lgy Bonus 10 375.70 394.48 414.20 434.90 456.65 479.48
Lgy Bonus 20 751.40 788.95 828.40 869.80 913.30 958.95
Lgy Bonus 25 1127.10 1183.43 1242.60 1304.70 1369.95 1438.43 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 184,848.00 194,088.00 203,796.00 213,984.00 224,688.00 235,920.00 MONTHLY 15,404.00 16,174.00 16,983.00 17,832.00 18,724.00 19,660.00 BI-WEEKLY 7,109.54 7,464.92 7,838.31 8,230.15 8,641.85 9,073.85 HOURLY 88.8692 93.3115 97.9788 102.8769 108.0231 113.4231 Lgy Bonus 10 385.10 404.35 424.58 445.80 468.10 491.50
Lgy Bonus 20 770.20 808.70 849.15 891.60 936.20 983.00
Lgy Bonus 25 1155.30 1213.05 1273.73 1337.40 1404.30 1474.50 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 189,480.00 198,960.00 208,908.00 219,348.00 230,316.00 241,836.00 MONTHLY 15,790.00 16,580.00 17,409.00 18,279.00 19,193.00 20,153.00 BI-WEEKLY 7,287.69 7,652.31 8,034.92 8,436.46 8,858.31 9,301.38 HOURLY 91.0962 95.6538 100.4365 105.4558 110.7288 116.2673 Lgy Bonus 10 394.75 414.50 435.23 456.98 479.83 503.83
Lgy Bonus 20 789.50 829.00 870.45 913.95 959.65 1007.65 Lgy Bonus 25 1184.25 1243.50 1305.68 1370.93 1439.48 1511.48 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 194,208.00 203,916.00 214,116.00 224,820.00 236,064.00 247,872.00 MONTHLY 16,184.00 16,993.00 17,843.00 18,735.00 19,672.00 20,656.00 BI-WEEKLY 7,469.54 7,842.92 8,235.23 8,646.92 9,079.38 9,533.54 HOURLY 93.3692 98.0365 102.9404 108.0865 113.4923 119.1692 Lgy Bonus 10 404.60 424.83 446.08 468.38 491.80 516.40
Lgy Bonus 20 809.20 849.65 892.15 936.75 983.60 1032.80 Lgy Bonus 25 1213.80 1274.48 1338.23 1405.13 1475.40 1549.20 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 199,068.00 209,016.00 219,468.00 230,436.00 241,956.00 254,052.00 MONTHLY 16,589.00 17,418.00 18,289.00 19,203.00 20,163.00 21,171.00 BI-WEEKLY 7,656.46 8,039.08 8,441.08 8,862.92 9,306.00 9,771.23 HOURLY 95.7058 100.4885 105.5135 110.7865 116.3250 122.1404 Lgy Bonus 10 414.73 435.45 457.23 480.08 504.08 529.28
Lgy Bonus 20 829.45 870.90 914.45 960.15 1008.15 1058.55 Lgy Bonus 25 1244.18 1306.35 1371.68 1440.23 1512.23 1587.83 148
149
147
146
145
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 156,000.00
MONTHLY 13,000.00
BI-WEEKLY 6,000.00
HOURLY 75.0000
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 83,124.00 - - - - - MONTHLY 6,927.00 - - - - - BI-WEEKLY 3,197.08 - - - - - HOURLY 39.9635 - - - - - STEP *1* *2* *3* *4* *5* *6*
ANNUAL 97,788.00 102,660.00 107,808.00 113,184.00 118,860.00 124,800.00 MONTHLY 8,149.00 8,555.00 8,984.00 9,432.00 9,905.00 10,400.00 BI-WEEKLY 3,761.08 3,948.46 4,146.46 4,353.23 4,571.54 4,800.00 HOURLY 47.0135 49.3558 51.8308 54.4154 57.1442 60.0000
EDUCATIONAL INCENTIVE BONUS
AA 1,303.96 1,303.96 1,303.96 1,303.96 1,303.96 1,303.96 BA 1,819.96 1,819.96 1,819.96 1,819.96 1,819.96 1,819.96 SPECIALIST 664.75 664.75 664.75 664.75 664.75 664.75 Lgy Bonus 7 365.00 365.00 365.00 365.00 365.00 365.00 Lgy Bonus 12 520.00 520.00 520.00 520.00 520.00 520.00 Lgy Bonus 20 927.45 947.75 969.20 991.60 1,015.25 1,040.00 Lgy Bonus 26 1,334.90 1,375.50 1,418.40 1,463.20 1,510.50 1,560.00 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 126,528.00 132,864.00 139,488.00 146,472.00 153,804.00 161,496.00 MONTHLY 10,544.00 11,072.00 11,624.00 12,206.00 12,817.00 13,458.00 BI-WEEKLY 4,866.46 5,110.15 5,364.92 5,633.54 5,915.54 6,211.38 HOURLY 60.8308 63.8769 67.0615 70.4192 73.9442 77.6423
EDUCATIONAL INCENTIVE BONUS
AA 1,612.53 1,612.53 1,612.53 1,612.53 1,612.53 1,612.53 BA 2,230.53 2,230.53 2,230.53 2,230.53 2,230.53 2,230.53 SPECIAL DUTY PAY 420.00 420.00 420.00 420.00 420.00 420.00 Lgy Bonus 7 326.00 326.00 326.00 326.00 326.00 326.00 Lgy Bonus 12 520.00 520.00 520.00 520.00 520.00 520.00 Lgy Bonus 20 1,047.20 1,073.60 1,101.20 1,130.30 1,160.85 1,192.90 Lgy Bonus 26 1,574.40 1,627.20 1,682.40 1,740.60 1,801.70 1,865.80 200 Police Trainee
201 Police Officer
203 Police Sergeant
150 Joint Powers Authority Accountant
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 162,720.00 170,856.00 179,400.00 188,376.00 197,796.00 207,684.00 MONTHLY 13,560.00 14,238.00 14,950.00 15,698.00 16,483.00 17,307.00 BI-WEEKLY 6,258.46 6,571.38 6,900.00 7,245.23 7,607.54 7,987.85 HOURLY 78.2308 82.1423 86.2500 90.5654 95.0942 99.8481
CA POST Supervisory/Adv. 1,766.44 1,837.84 1,912.84 1,991.56 2,074.24 2,161.00 CA POST Mgmt. Cert. 678.00 711.90 747.50 784.90 824.15 865.35 Lgy Bonus 20 678.00 711.90 747.50 784.90 824.15 865.35 Lgy Bonus 26 1,356.00 1,423.80 1,495.00 1,569.80 1,648.30 1,730.70 Mgmt Incentive Pay 1,288.20 1,352.61 1,420.25 1,491.31 1,565.89 1,644.17 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 193,476.00 203,148.00 213,300.00 223,968.00 235,164.00 246,924.00 MONTHLY 16,123.00 16,929.00 17,775.00 18,664.00 19,597.00 20,577.00 BI-WEEKLY 7,441.38 7,813.38 8,203.85 8,614.15 9,044.77 9,497.08 HOURLY 93.0173 97.6673 102.5481 107.6769 113.0596 118.7135 CA POST Supervisory/Adv. 2,036.08 2,120.92 2,209.96 2,303.56 2,401.84 2,505.04 CA POST Mgmt. Cert. 806.15 846.45 888.75 933.20 979.85 1,028.85 Lgy Bonus 20 806.15 846.45 888.75 933.20 979.85 1,028.85 Lgy Bonus 26 1,612.30 1,692.90 1,777.50 1,866.40 1,959.70 2,057.70 Mgmt Incentive Pay 1,531.69 1,608.26 1,688.63 1,773.08 1,861.72 1,954.82 STEP *1*
ANNUAL 259,272.00
MONTHLY 21,606.00
BI-WEEKLY 9,972.00
HOURLY 124.6500
CA POST Supervisory/Adv. 2,613.40
CA POST Mgmt. Cert. 1,080.30
Lgy Bonus 20 1,080.30
Lgy Bonus 26 2,160.60
Mgmt Incentive Pay 2,052.57
231 Police Captain
232 Deputy Police Chief
227 Police Lieutenant
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 31,200.00
MONTHLY 2,600.00
BI-WEEKLY 1,200.00
HOURLY 15.0000
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 19,200.00
MONTHLY 1,600.00
BI-WEEKLY 738.46
HOURLY 9.2308
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 12,000.00
MONTHLY 1,000.00
BI-WEEKLY 461.54
HOURLY 5.7692
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 6,000.00
MONTHLY 500.00
BI-WEEKLY 230.77
HOURLY 2.8846
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 300.00 - - - - - MONTHLY 25.00 - - - - - BI-WEEKLY 11.54 - - - - - HOURLY 0.1442 - - - - - STEP *1* *2* *3* *4* *5* *6*
ANNUAL 600.00 - - - - - MONTHLY 50.00 - - - - - BI-WEEKLY 23.08 - - - - - HOURLY 0.2885 - - - - - STEP *1* *2* *3* *4* *5* *6*
ANNUAL 1,200.00 - - - - - MONTHLY 100.00 - - - - - BI-WEEKLY 46.15 - - - - - HOURLY 0.5769 - - - - - 306 Human Services Commissioner
306 Recreation Commissioner
305 Youth Commissioner
304 City Treasurer
303 City Clerk
301 Mayor
306 Senior Citizens Commissioner
308 Planning Commissioner
306 Gardena Beautification Commissioner
306 Gardena Economic Business Advisory Commissioner
302 Councilmember
306 Rent Mediation Board Member
STEP *1* *2* *3* *4* *5* *6*
ANNUAL 188,580.00 198,012.00 207,912.00 218,304.00 229,224.00 240,684.00 MONTHLY 15,715.00 16,501.00 17,326.00 18,192.00 19,102.00 20,057.00 BI-WEEKLY 7,253.08 7,615.85 7,996.62 8,396.31 8,816.31 9,257.08 HOURLY 90.6635 95.1981 99.9577 104.9538 110.2038 115.7135 Lgy Bonus 10 392.88 412.53 433.15 454.80 477.55 501.43
Lgy Bonus 20 785.75 825.05 866.30 909.60 955.10 1002.85 Lgy Bonus 25 1178.63 1237.58 1299.45 1364.40 1432.65 1504.28 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 198,012.00 207,912.00 218,304.00 229,224.00 240,684.00 252,720.00 MONTHLY 16,501.00 17,326.00 18,192.00 19,102.00 20,057.00 21,060.00 BI-WEEKLY 7,615.85 7,996.62 8,396.31 8,816.31 9,257.08 9,720.00 HOURLY 95.1981 99.9577 104.9538 110.2038 115.7135 121.5000 Lgy Bonus 10 412.53 433.15 454.80 477.55 501.43 526.50
Lgy Bonus 20 825.05 866.30 909.60 955.10 1002.85 1053.00 Lgy Bonus 25 1237.58 1299.45 1364.40 1432.65 1504.28 1579.50 STEP *1* *2* *3* *4* *5* *6*
ANNUAL 206,988.00 217,332.00 228,204.00 239,616.00 251,592.00 264,168.00 MONTHLY 17,249.00 18,111.00 19,017.00 19,968.00 20,966.00 22,014.00 BI-WEEKLY 7,961.08 8,358.92 8,777.08 9,216.00 9,676.62 10,160.31 HOURLY 99.5135 104.4865 109.7135 115.2000 120.9577 127.0038 Lgy Bonus 10 431.23 452.78 475.43 499.20 524.15 550.35
Lgy Bonus 20 862.45 905.55 950.85 998.40 1048.30 1100.70 Lgy Bonus 25 1293.68 1358.33 1426.28 1497.60 1572.45 1651.05 STEP *1*
ANNUAL 272,235.00
MONTHLY 22,686.25
BI-WEEKLY 10,470.58
HOURLY 130.8822
CA POST Supervisory/Adv. 2,727.12
CA POST Mgmt. Cert. 1,134.31
Lgy Bonus 20 1,134.31
Mgmt Incentive Pay 2,155.19
STEP *1*
ANNUAL 333,732.00
MONTHLY 27,811.00
BI-WEEKLY 12,835.85
HOURLY 160.4481
Educational Incentive Pay 3,337.32
350 City Manager
340 Police Chief
339 Assistant City Manager
330 Department Head
335 Deputy City Manager
City of Gardena
Gardena City Council
Meeting
AGENDA REPORT
SUMMARY
Agenda Item No. 17A.
Section: DEPARTMENTAL
ITEMS - PUBLIC WORKS
Meeting Date: December 9,
2025
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE: Award Professional Architectural Design Services Contract for the Rowley Park Gymnasium Renovation Project, JN 561 to BOA Architecture, in the Amount of $103,000 and Authorize a 10% Contingency in the Amount of $10,300, for a Total Not-to-Exceed Amount of $113,000 COUNCIL ACTION REQUIRED:
Staff Recommendations:
Award Professional Architectural Design Services Contract for the Rowley Park Gymnasium Renovation Project, JN 561, to BOA Architecture, in the amount of $103,000.
Authorize a 10% contingency in the amount of $10,300.
RECOMMENDATION AND STAFF SUMMARY:
Rowley Park, located at 13220 Van Ness Ave, Gardena, CA, is a vibrant and well-maintained municipal park offering a wide range of amenities and spaces for community gatherings, recreation, and events. The park features a gymnasium used for indoor sports and activities, as well as dedicated skate park for skate enthusiasts. Its comprehensive sports facilities include four ball fields, a full basketball court, two half courts, and four tennis courts.
The City has secured the State Earmark Park Grant to fund the Gymnasium Renovation Project. The Gymnasium was built in 1991 and encompasses approximately 12,800 SF of floor area. While the facility has been well maintained and remains in continuous use for high school athletics and community events, time and regular use have resulted in worn conditions that now require renovation and modernization. The scope of renovation will include the following as budget permits:
New roofing throughout
Entrance lobby upgrade with new flooring and ceiling
Relocation and renovation of men and women restrooms
Replace doors and interior window
Conversion of existing locker rooms into storage
Replace T-bar ceiling at office and computer rooms
New bleachers and electronic scoreboard in the gym
New ADA pathways from gym exit doors to tie-in to existing park Exterior and interior tilt-up wall rainwater leak repairs Interior gym ceiling water leak repairs
New lighting
New Information Distribution Fram (IDF) room
Facilitate coordination meetings (5 meetings) with the design team and City Submit proposed fixtures, material finishes and equipment for City approval Coordinate with City’s selected FF&E (Fixture, Furniture & Equipment) vendor for interior layout and design considerations
Staff extended a Request for Proposal (RFP) to three pre-qualified architectural firms, and all three firms submitted proposals by November 10, 2025, deadline. Each firm provided two sealed envelopes, one containing the firm’s qualifications and one containing the firm’s fee proposal. The fee proposals remained unopened until after staff completed a qualifications-based evaluation to ensure an objective and fair assessment.
Following a comprehensive review of all three firms, staff determined that BOA Architecture was the most qualified firm to prepare the final design and construction documents, based on six criteria BOA receives the highest score:
1. Project approach and understanding.
2. Approach to potential challenges.
3. Anticipated staffing levels.
4. Qualification and experience of proposed team members, including project manager and subconsultant on similar project.
5. Length of the time team members have been with the firm. . Other similar project experience
After the qualification rankings were finalized, staff opened the sealed fee proposals, which were as follows:
Organization Fee Amount
BOA Architecture $103,400
Oldham Architects $120,842
Breen Design Group, Inc. $222,900
BOA Architecture is a 10-person architectural firm with extensive experience in municipal renovation and improvement projects. Their expertise includes building renovations and additions, interior and façade improvements, building systems modernization, roof repair and replacement, and ADA compliance upgrades. BOA specializes in architectural renovation projects ranging from $50,000 to $5,000,000.
With over 65 years in continuous operation, BOA has completed architectural design services for more than 2,000 public works projects across over 80 local cities and public agencies. Notably, they have completed over 500 public park facility renovation projects for various municipalities and counties. Recent relevant projects include construction document design for park and community building renovations at South Gate’s Hollydale Park, Gardena’s Mas Fukai Park, Carson’s Mills Park, Glendale’s Glorietta Park, and Diamond Bar’s Heritage Park.
The final design work is expected to be completed by August 2026 when the project can be sent out for construction bid advertisements shortly after.
Staff respectfully recommend that the City Council award a Professional Design Service Contract for the Rowley Park Gymnasium Renovation Project, JN 561, to BOA Architecture, in the amount of $103,000 and authorize an additional 10% contingency in the amount of $10,300, for a total not-to-exceed amount of $113,000.
FISCAL IMPACT/COST:
JN 561, FY 2024-2025 Project Budget: $2,489,792
Funding Source: State Earmark/Park Grant
APPROVED:
___________________________
Clint Osorio, City Manager
Attachments
PW CONSULTANT AGREEEMENT WITH BOA ARCHITECTURE.pdf
BOA Architecture Response File - Gardena Rowley Park Gym Renovation Project, (JN 561).pdf
Consultant Agreement with BOA Architecture Page 1
CITY OF GARDENA
CONSULTANT AGREEMENT WITH BOA ARCHITECTURE
This Agreement is entered into this day of , 2025, by and between the City of Gardena , a municipal corporation (“City”) and BOA Architecture, a (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree, as follows.
1. RECITALS. This Agreement is made and entered into with respect to the following facts:
A. Whereas, City is desirous of obtaining professional architectural services to prepare construction bid documents for Rowley Park Gymnasium renovation project.
B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to accomplish these services; and
C. Whereas, City has determined that the public interest, convenience and necessity require the execution of this Agreement; and
D. Whereas, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
2. TERM OF AGREEMENT. This Agreement shall commence upon execution and shall continue until completion, unless earlier terminated as provided below.
A. Either party may terminate this Agreement, without cause, by giving thirty (30) days written notice to the other party.
B. City may terminate this Agreement for cause by giving thirty (30) days written notice to Consultant. Lack of funding shall be considered cause for terminating this Agreement.
C. Upon termination, Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to City all data, reports, estimates, summaries, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the services under this Agreement, whether completed or in progress. Consultant shall be entitled to reasonable compensation for the services it performs up to the date of termination; however, if the Agreement
Consultant Agreement with BOA Architecture Page 2
is terminated by City for cause, other than lack of funding, or by Consultant without cause, City shall be entitled to deduct any costs it incurs payment to another consultant for Services, which duplicate Consultant’s Services to date. In the event of termination for other than cause attributable to Consultant, Consultant shall be deemed released for liability for any work assigned but not completed as of the effective date of termination.
3. SERVICES. Consultant agrees to provide the services as specified in the City’s Request for Proposal (RFP), Exhibit A, attached hereto and incorporated herein by this reference (“services”). Unless otherwise specified herein, Consultant shall, at its sole cost and expense, furnish all facilities, equipment and personnel which may be required for providing the Services pursuant to this Agreement.
4. ADDITIONAL SERVICES. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such additional services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the agreed upon charges therefore as set forth in the written authorization. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.
5. CONSULTANT’S PROPOSAL. This Agreement shall include Consultant’s proposal to City’s RFP , which is incorporated herein as Exhibit B. In the event of any inconsistency between the terms of the proposal and this Agreement, it shall be resolved by giving precedence in the following order : (a) The Agreement (b) The Request for Proposal (Exhibit A) (c) The Consultant Proposal or Bid (Exhibit B).
6. PERSONNEL. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City. During the term of this Agreement, Consultant shall provide the services specified in the proposal. Such individual(s) shall not be replaced without the prior written consent of City.
7. PERFORMANCE BY CONSULTANT. Consultant shall maintain or exceed the level of competency presently maintained by other similar practitioners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.
8. TIMING OF PERFORMANCE. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently and timely pursue and complete the performance of the Services required of it by
Consultant Agreement with BOA Architecture Page 3
this Agreement. City, in its sole discretion, may extend the time for performance of any Service.
9. MONITORING OF CONSULTANT. Consultant’s performance of this Agreement shall be continuously monitored by the Public Works Director/City Engineer.
Consultant shall be notified in writing of any deficiency in the performance of this Agreement in a timely manner by the Public Works Director/City Engineer.
Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the Public Works Director/City Engineer. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereunder. Should the Public Works Director/City Engineer determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, City may terminate this Agreement for cause as specified in Section 2 above.
10. COMPENSATION. Consultant shall be compensated as follows:
A. Amount. City shall compensate Consultant for services rendered pursuant to this Agreement at the rate specified in the attached fee proposal hereto and incorporated herein by reference. In no event shall compensation under this Agreement exceed One Hundred Three Thousand and 00/00 ($103,000.00) without the prior written authorization of the City Council.
B. Invoices and Payment. Payment by City to Consultant shall be made upon receipt and approval of invoices for Services rendered. For payment to be made, Consultant’s invoice must include an itemization as to the services rendered, date(s) of service, direct and/or subcontract costs and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced. City shall review the invoices to determine whether services performed, and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or City shall provide Consultant with a written statement objecting to the charges and stating the reasons therefor.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.
C. Expenses. Consultant shall not be entitled to any additional compensation for expenses.
11. INSURANCE REQUIREMENTS.
A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this Agreement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consultant must have and maintain in place all of the insurance coverages required in this Section. Consultant’s insurance shall comply with all items specified by this Agreement. Any subcontractors shall
Consultant Agreement with BOA Architecture Page 4
be subject to all the requirements of this Section and Consultant shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.
B. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.
C. Coverages, Limits and Policy Requirements. Consultant shall maintain the types of coverages and limits indicated below:
1. Commercial General Liability Insurance – a policy for occurrence coverage for bodily injury, personal injury and property damage, with coverage at least as broad as Insurance Services Office Form CG 00 01, with no special limitations affecting City. The limit for all coverage under this policy shall be no less than one million dollars ($1,000,000.00) per occurrence.
2. Commercial Auto Liability Insurance – a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, including Symbol 1 (any auto) with no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.
3. Worker’s Compensation and Employers Liability Insurance – a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.
4. Professional Errors & Omissions (“E&O”) – a policy with minimum limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. This policy shall be issued by an insurance company which is admitted to do business in the State of California.
Consultant Agreement with BOA Architecture Page 5
5. Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
a. Additional ins ureds: “The City Gardena and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
b. Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
c. Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Gardena, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Gardena shall be excess and not contributing with the insurance provided by this policy.”
d. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Gardena, its officers, officials, agents, employees, and volunteers.
e. The 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.
D. Additional Requirements . The procuring of such required policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
There shall be no recourse against City for payment of premiums or other amounts with respect thereto. City shall notify Consultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.
E. Deductibles. Any deductible or self -insured retentions over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self- insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or Consultant shall provide satisfactory financial guarantee for payment of
Consultant Agreement with BOA Architecture Page 6
losses and related investigations, claim administration and defense expenses.
F. Verification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. Consultant shall provide full copies of any requested policies to City within three (3) days of any such request by City.
G. Termination for Lack of Required Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.
H. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
12. INDEMNIFICATION. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subconsultants, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subconsultants, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authorized sub consultants under this Agreement, whether or not the Consultant, its employees, and/or authorized subconsultants are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity and defense shall be limited to the extend required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
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recklessness, or misconduct of Consultant . This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
13. COOPERATION. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
14. INDEPENDENT CONTRACTOR. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.
Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
15. PERS ELIGIBILITY INDEMNIFICATION . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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16. NON-LIABILITY OF CITY. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.
17. OWNERSHIP OF WORK PRODUCT. All documents or other information created, developed, or received by Consultant shall, for purposes of copyright law, be deemed works made for hire for City by Consultant as City employee(s) for hire and shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination or expiration of this Agreement.
18. CONFIDENTIALITY CLAUSE. Consultant acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Agreement or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either state or federal (“Confidential Information”). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types of information. Consultant agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Agreement, to release it only to authorized employees or Sub-consultants requiring such information for the purposes of carrying out this Agreement, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without City's express written consent or as provided by law. Consultant agrees to release such information or material only to employees or Sub -consultants who have signed a nondisclosure agreement, the terms of which have been previously approved by City. Consultant agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information.
"Personal information" including, but not limited to, "Protected Health Information" (PHI) under Health Insurance Portability And Accountability Act (HIPAA), individuals' names, addresses, phone numbers, birth dates, and social security numbers collected, used, or acquired in connection with this Agreement shall be protected against unauthorized use, disclosure, modification or loss.
HIPAA establishes national minimum standards for the use and disclosure of certain health information. The Consultant must comply with all HIPAA requirements and rules when determined applicable by the City. If City determines that (1) City is a "covered entity" under HIPAA, and that (2) Consultant will perform "business associate" services and activities covered under HIPAA, then at City's request, Consultant agrees to execute City's Agreement in compliance with HIPAA.
Consultant shall ensure its directors, officers, employees, Sub-consultants or agents use personal information solely for the purposes of accomplishing the services set forth herein. Consultant and its Sub -consultants agree not to release, divulge,
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publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the City or as otherwise required by law.
Any breach of this provision may result in termination of the Agreement and demand for return of all personal information. Moreover, Consultant will indemnify and hold the City harmless from and against all losses and damages resulting from any unauthorized or improper disclosure, dissemination or use of the information as a result, in whole or in part, of Consultant’s action or inaction.
19. NONUSE OF INTELLECTUAL PROPERTY OF THIRD PARTIES. Contractor shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Contractor has a license. Contractor shall indemnify and hold City harmless against all claims raised against City based upon allegations that Contractor has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Contractor pursuant to this Agreement.
20. WAIVER OR BREACH. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
21. COMPLIANCE WITH LAWS. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
22. CONFLICT OF INTEREST AND REPORTING. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply with the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2.24.020H and 2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Agreement.
23. NON-DISCRIMINATION. Consultant covenants there shall be no discrimination
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based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in activity pursuant to this Agreement.
24. FORCE MAJEURE. Consultant shall not be in default for failing to perform in accordance with the terms of this Agreement if such failure arises out of causes beyond the control and without the fault or negligence of Consultant.
25. ASSIGNMENT. Consultant shall not assign or subcontract any of its obligations pursuant to this Agreement, nor any part thereof, except for any monies due the Consultant, without the prior written consent of City. Such consent by City shall not be unreasonably withheld. Consultant shall be fully responsible to City for all work performed by assignees or subcontractors.
26. NOTICES. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be in writing and shall be given by personal service upon the party to be notified, or by deposit of the same in the custody of the United States Postal Service, postage prepaid, addressed to the party to be notified as follows:
To City: City of Gardena
1700 West 162nd Street
Gardena, California 90247
Attn: Allan Rigg
Director of Public Works
To Consultant: BOA Architecture
1511 Cota Avenue, Long Beach, CA 90813
Attn: Edward Lok Ng, Architect/LEED AP
Notices shall be deemed to have been served upon the date of personal service or three (3) working days after the same has been deposited in the United States Postal Service.
27. LICENSED STATUS. Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a City Business License.
28. FAMILIARITY WITH WORK. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should Consultant discover any conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City and shall not proceed, except at Consultant’s own risk, until written instructions are received from City.
29. PUBLIC RECORD ACT DISCLOSURE. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but
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not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 7920.000 et seq .). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
30. MAINTENANCE OF RECORDS. Consultant shall maintain for a minimum of three (3) years from the completion date of the Services under this Agreement, the following records:
A. All accounts and records, including personnel, property and financial, adequate to identify and account for all costs pertaining to this Agreement and assume proper accounting for all funds;
B. Records which establish that Consultant and all subcontractors who render Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations;
C. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.
D. The aforementioned records shall be made available to City or any authorized representative thereof upon request for audit.
31. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
32. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branch of the Los Angeles County Municipal or Superior Court.
33. SECTION HEADINGS. The Section headings used in this Agreement are for reference purposes only and shall have no binding effect.
34. AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.
35. ATTORNEY’S FEES. In the event that legal action is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover attorney’s fees and court costs from the opposing party.
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36. PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreement. No provision of this Agreement or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.
37. SEVERABILITY. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
38. ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an original. All counterparts, taken together, constitute the executed Agreement. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
39. ELECTRONIC SIGNATURE . The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Agreement and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Agreement had been delivered and had been signed using a handwritten signature. City and Consultant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will reply on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.
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IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first hereinabove set forth.
CITY OF GARDENA CONSULTANT – BOA Architecture
________________________________ _________________________________ Tasha Cerda, Mayor Name
ATTEST:
Sign:_____________________________
Title:
________________________________
Mina Semenza, City Clerk _________________________________ Name
APPROVED AS TO FORM:
Sign:_____________________________
Title:
Carmen Vasquez, City Attorney
REQUEST FOR PROPOSAL
DESIGN ARCHITECTURAL & ENGINEERING
SERVICES FOR ROWLEY PARK GYMNASIUM
RENOVATION PROJECT, JN 561
November 10, 2025
CITY OF GARDENA
SAMPLE SIMILAR PROJECTS DESIGNED BY BOA ARCHITECTURE:
New Banning Wilmington Senior/Multi-Purpose
Center
City of Los Angeles
LA County ISD, Convert Fire Station to the East LA Boxing Club, County of Los Angeles
Sierra Madre Youth Activity-Teen Center
New 1st Floor Entry & 2nd Floor Addition
City of Sierra Madre
Senior Center Lobby
City of Cypress
Fremont Park Community Ctr,
BOA + DVD Teams
City of Glendale
Alondra Park Gym Interior
LACO ISD
BLACK O’DOWD AND ASSOCIATES , INC.
DBA BOA ARCHITECTURE
1511 COTA AVENuE
LONG BEACh, CA 90813
Ph: 562-912-7900
Re: Gardena Rowley Park Gym Renovations
To: Amir Modarressi, PE
MUNICIPAL PARK FACILITIES EXPERTISE
After having thoroughly reviewed your RFP and walking the project site, we feel that the BOA Design Team is a very “good fit” for your Design Services for your Rowley Park Gym Renovation project.
As the prime-consultant BOA is a 10-person architectural firm with a competitive advantage in municipal architectural projects including: renovation/addition; interior improvements, façade improvements, building systems modernization, roof repair/replacement, and ADA compliance projects. Our “sweet spot” are architectural renovation construction projects in the $50,000 to $5,000,000 range. In continuous business for over 65 years, BOA has completed architectural design services for over 2000 public works projects for over 80 local cities and public entities. Of particular interest to you is that we have completed over 500 Public Park facilities architectural renovation projects for numerous municipalities and counties. BOA recently completed the Construction Document design phase for 5 municipal park and community building renovation projects at South Gate Hollydale Park, Gardena Mas Fukai Park, Carson Mills Park, Glendale Glorietta Park, and Diamond Bar Heritage Park. We are confident we can compete favorably with just about any other firm on these types of municipal Park facilities (site amenities and building) renovation projects. Our staff expertise and production systems are geared toward these types of modernization and often “messy” renovation projects.
ADA COMPLIANCE EXPERTISE
During the 10/29/25 Pre-Proposal Meeting it was mentioned that ADA Compliance was important to your project. As an asset to your project, since the 1991 enactment of the American Disabilities Act (ADA), BOA has been at the architectural forefront in the modification of existing facilities to comply with the ADA. Totaling over 800 public facilities, BOA has arguably designed more architectural projects for the sole purpose of ADA Compliance than ANY other architectural firm in Southern California. BOA has in- house, CASp-certified, expertise and an abundance of past ADA compliance experience. BOA has been under contract to retrofit Government-owned facilities for ADA Compliance for the following governmental agencies:
COVER LETTER
• San Bernardino County (35 Projects)
• State of California, Dept. of Motor Vehicle (7 Design & construction projects and ADA transition plan for 32
facilities)
• State of California, Dept. of Mental Health (24 Facilities and 600,000 S.F.)
• City of Long Beach (80 Projects)
• City of Hawthorne (20 Projects)
• City of Irvine (10 Projects)
• City of Placentia (12 Projects)
• U.S. Postal Service (20 Projects for the LA Region)
• City of Santa Maria (56 Facilities)
• Cerritos College (35 Facilities)
• East L.A. College (40 Facilities)
Along with ADA Compliance architectural design expertise, BOA has also provided Access Compliance Plan Review services for the Cities of Placentia and Pasadena and the Los Angeles Basin Regional Office of the Division of the State Architect. Our role was to ensure that construction drawings and specifications comply with accessibility standards based on the California Building Code, the Americans with Disabilities Act Accessibility Guidelines, and DSA’s Accessibility Plan Review Guidelines.
November 10, 2025
BOA has an establish and proven approach to ADA Compliance. We have developed ADA checklists to quickly identify barriers to the Disabled. We have in-house staff with an over abundance of ADA Compliance project experience. We have very accurate ADA Compliance cost estimating.
BOA also has an in-house Quality Control program to ensure project thoroughness. We will use our ADA Compliance expertise to your benefit and to not only resolve your facility’s non-compliance issues but also creatively and esthetically enhance your facilities. BOA will also be evaluating situations where architectural changes in your existing buildings may not be feasible or desirable. In that case, some other reasonable accommodations need to be made. For example, at a Community Center, one would probably not be required to lower all non-compliant countertops for wheelchair access. To save on construction costs, we would recommend modifying only the sink cabinet for ADA compliance. The ADA allows equivalent facilitation where only a portion of the countertop needs to be accessible. Another example is at an existing facility, a new hi-low accessible drinking fountain will probably not be required if an existing accessible drinking fountain was located relatively close by. In this case, a directional sign to the accessible drinking fountains will be all that will be required. We have attached for your review in Section 6. “Other Similar Projects”, several ADA compliance projects that our current in-house staff have completed.
BOA Architecture’s mission statement is to be a recognized leader in architecture and to consistently exceed the expectations of our clients, employees and design partners. We thank you for your time and consideration.
Edward Lok Ng, Architect/ LEED AP
BOA ARCHITECTURE
TABLE OF CONTENTS
City of Cypress:
Fresh and Modern Renovated Lobby at
Cypress Senior Center
City of Diamond Bar:
Heritage Park and Community Center Renovation
Cover Page
Cover Letter
Table of Contents
1. Project Approach and Understanding
2. Approach to Potential Challenges
3. Anticipated Staffing Levels
4. Qualifications and Experience
5. Time Team Members have Been with BOA
6. Other Similar Projects
• ADA Compliance Projects
• List of Projects Completed by BOA in the Last 5
Years
7. References
8. Fee Proposal (Submitted Online Separately)
City of South Gate:
New Hollydale Community Park and New Community
City of Lawndale:
New Teen Youth Development Center
Multi-purpose room
We understand that the Client (or the City) has already completed the concept phase of design per the RFP (concept Design Drawings by Breem Design group dated 7-1-25) for this project and that BOA’s goal is to prepare and submit the final Plans, Specifications, and Estimate (PS&E) and construction contract documents for the Rowley Park Gymnasium Renovation Project and provide ongoing support during the bidding and construction phases.
We also understand that PS&E submittals shall be required at 60%, 90%, and 100% completion stages and must obtain plan check approval from the City’s Community Development Department. Fire plan check and permit approvals are subject to review and approval by the Los Angeles County Fire Department. BOA will be responsible for obtaining these approvals; associated fees will be reimbursable by the City.
We understand that the City has completed the PS&E package of the Rowley Park Gymnasium HVAC Upgrade Project separately and to be advertised for construction as one project with Rowley Park Gymnasium Renovation Project. We understand that this PS&E package will be available upon request to BOA. The completed construction documents shall be incorporated into the final construction documents as part of the work, however, the construction support for HVAC upgrade will be provided by original design engineer.
We understand that the funding is provided through State Park Grant, with $2,300,000 set aside for construction of renovation improvements and HVAC upgrades.
1. PROJECT APPROACH & UNDERSTANDING
SCOPE OF WORK
The Scope of Work for this project includes providing all necessary Architectural and Engineering (A&E) services required to prepare complete plans, specifications, and construction support for the Rowley Park Gymnasium Renovation Project. The following is a list of items in the Scope of Work:
• New roofing throughout
• Entrance lobby upgrade with new flooring and ceiling
• Relocation and renovation of men and women restrooms
• Replace doors and interior window
• Conversion of existing locker rooms to storage
• Replace T-bar ceiling at office and computer rooms
• New bleachers and electronic scoreboard in the gym
• New ADA pathways from gym exit doors to tie-in to existing park • Exterior and interior tilt-up wall rainwater leak repairs • Interior gym ceiling water leak repairs
• New lighting
• New Information Distribution Frame (IDF) room
• Facilitate coordination meetings (5 meetings) with the design team and City. • Submit proposed fixtures, material finishes and equipment for City approval • Coordinate with City’s selected FF&E (Fixture, Furniture & Equipment) vendor for interior layout and design considerations
• Cost estimate
A. Architectural Drawings:
• Prepare and develop the architectural construction documents based on the approved Concept Design previously completed
• Provide building code analysis
• Provide demolition and proposed remodel floor plans and reflected ceiling plans • Reroof plan and proposed finish materials
• Exterior elevations showing repairs, new work and finishes • Interior elevations and accessory schedule
• Provide enlarged restroom plans
• Typical accessibility details and special construction details • Provision for new bleachers – submittal with drawings to be provided by bleacher manufacturer • Provision for new scoreboard – submittal with drawings to be provided by bleacher manufacturer B. Structural Engineering Drawings:
• Design of structural details as needed to support the architectural floor and ceiling layout changes • Anchorage design for bleachers, scoreboard and miscellaneous electrical and plumbing equipment • Identify other structural repairs on plans where necessary • Structural calculations justifying the structural scope of work C. Electrical and Plumbing Engineering Drawings:
• New lighting fixtures throughout
• New emergency lighting
• Title 24 energy reports and calculations
• New receptacles as required
• Power for new bleachers and scoreboard
• Design for new plumbing fixtures and a schedule based on architectural plans • Plumbing for additional drinking fountain as needed per plumbing code D. Civil Engineering Drawings or Architectural Site Plan Drawings:
• Provide demolition and proposed grading plans for new accessible paths of travel from the building exit points to existing park and ADA parking lot to building main entrance E. Plan check:
• Submit plans to City of Gardena Building and Safety and County Fire Department for plan check approval. Plan check and permit fees will be provided by City • Address plan check corrections until permit approval is received F. Bidding & Construction:
• Assigned a project manager to attend construction meetings every 2 weeks. It is assumed the project will have an 8-month construction duration
• Review and approve submittals and shop drawings
• Respond to contractor’s RFIs
• Perform punch walk and issue punch list prior to Owner acceptance of work In addition to the above task, the selected consultant shall provide the following:
1. Records research
2. Utilities. Coordinate with all utilities (including wet and dry) that require verification during construc- tion will need to be considered during the design phase and incorporated into the final plans and contract documents
3. Materials. A complete evaluation of materials/products in the marketplace should be completed to consider including the availability of the materials to be used during construction.
4. Provide on-going support as needed during bis/construction phase for any questions/clarifications from the Contractor for any revisions that maybe necessary due to unforeseen conditions
5. Schedule. A detailed schedule identifying all pertinent tasks, time required to complete each task and tentative completion date for each task.
6. Qualifications. Ability of the Consultant to perform specific tasks outlined in the RFP. Qualifications of key individuals to be assigned to the project.
7. Quality control. The Consultant “Quality Control” program.
8. Reasonableness of the requested fees.
9. Conduct the project PDT meetings.
10. Hold monthly meetings with City staff. The Consultant will be responsible for the preparation of an agenda for at least three (3) working days before the meeting. Meeting minutes are required and should be completed within one week after the meeting
11. Prepare and submit monthly written reports to update the city of the Project progress and schedule status.
12. Conduct all necessary research to obtain record drawings or As-built plan and other related docu- ments to complete the project.
PROPOSED APPROACH
Key to a creative and efficient delivery of your Scope of Work is the close collaboration and coordination between the client and design team. This section contains a description of our project management approach and methodology, highlighting the services we are providing to complete your project as contained in the Scope of Work of the RFP.
Because BOA has completed numerous municipal park renovation projects that are very similar to your project. We totally understand what needs to be done. We will commit to closely collaborating with you to designing your facilities improvements and see it through construction, as written in your RFP.
BOA has over 60 years of continuous architectural experience in managing and designing similar public facilities from project conception to project close-out. Our staff also has an abundance of architectural Public Works facilities experience and successful past performance for the following areas of an architectural project that will be included in your project:
BOA’s project management approach is based upon our extensive past experience in preparing comprehensive architectural construction documents for architectural Community Center, and Youth Center, and Gym renovation projects using a Multi-Discipline Design Team. Your project will need not only architectural expertise, but also other design disciplines, such as ADA Compliance (in-house expertise), Mechanical, Electrical, and Structural Engineering design. BOA will provide leadership and direction to the Design Team. BOA’s management approach incorporates the following 6 components used successfully on facilities design projects:
• Program Development
• Feasibility Studies/Project Definition
• Conceptual Design
• Project Design-Construction Documents
• Specifications
• Design Reviews
• Cost Estimating
• Value Engineering
• Constructability Reviews
• Building Evaluations
• Troubleshooting
• Construction Support Services
• CADD/Drafting Work (BIM/3D)
1. PROJECT MANAGEMENT
BOA, throughout an extensive history of municipal Teen Center, Community Center, and gym design, and facilities addition/renovation, continues to develop and refine its management philosophy to better address its future projects.
BOA will implement our most advanced management techniques in the undertaking of this project. The goal of our management philosophy is to accomplish a well-designed project that exceeds client expectations, meets its budget, is deliverable on time, and meets all functional needs and City, State and County building code requirements. Our techniques of management encompass the ideals by which these goals are achieved. Our project management approach is characterized by the following considerations:
Design/Management Integration: Successful projects require the fusion of the design disciplines with those of management. They must have common goals and an integrated process. This is best achieved by appointing leaders with mutual respect and extensive facilities modernization and public works design experience on similar projects.
1. Project Management
2. Project Documentation
3. Consultant Coordination
4. Construction Administration
5. Quality Control
6. Work Plan
BOA will have Edward Lok Ng, Principal, as the Project Manager on your project. An examination of Mr. Ng’s qualifications reveals that he has personally designed and successfully managed and designed 3 gyms over 10 Senior Centers, 7 Teen Centers, and 40 Community Center projects for nearby cities and over 500 other Municipal facilities architectural projects and he has been the Project Designer in all BOA’s recent projects involving Community Gyms. It is the Project Manager’s task to help establish the appropriate design vision and see it through its successful realization.
Client Participation: Client participation will be critical. Design goals cannot be realized without the thorough understanding of the client’s needs and sensitivity to patrons and city staff that use your facilities. The early involvement of the Client and the users will be continued throughout the design process. The Project Manager will ensure that the efforts of the team are always addressed to the specific client user group. The understanding and involvement of the client will extend to City appointed representatives, i.e., maintenance managers, engineering staff, and City inspectors and engineers in a mutually productive partnership.
BOA is intimately familiar with both modernization and new (ground-up) community gym facilities. Team-work and close coordination among staff, consultants, and the Clients are essential to a successful project. Timely participation and response of the Client is absolutely critical if the project is to be successful and “on time”. BOA will be responsible for ensuring that a high degree of coordination occurs and that project milestones are met. BOA’s biggest assets are its attention to construction details, thoroughness in drawing documentation and ease of constructability. A major priority of BOA will be to establish continuing dialogue with your staff, Building/Safety plan check, and representatives of interested parties so that our products reflect community goal, City policy, and conformance with your Design/ Manual Standards.
Continuity: The understanding of the project needs and the design goals must be maintained throughout the project’s duration. In construction phases, it is as necessary as in the design phases, to make certain that the original intent, of the client and designer are realized in the final built product. This will be very important in the construction phasing of your project. The key members of the team, under the leadership of the Project Manager will be responsible for the direction of the project throughout all phases to ensure continuity of design intent.
2. PROJECT DOCUMENTATION
Project Documentation is a result of systems set up in BOA’s Project Management Manual. This guide on how to run a project effectively and efficiently, developed more than 60 years of architectural practice, is firm, but flexible; responsive to the specific dynamics of specific projects, but unyielding in its insistence on full documentation, responsiveness, and performance. Keys elements include:
Project Checklist: This is initiated at the beginning of each project and services as a guide of all elements of the project to be completed, and as a central index for all project related material. It is continually updated and reviewed during regular project audits.
Product File and Technical Project Checklist: Initiated at the start of design work, this checklist serves to record all considerations and decisions regarding building materials and methods to be used in construction. It also becomes a comprehensive guide for preparation of the Construction Documents.
3. CONSULTANT COORDINATION
The engineering consultants play a very critical and active role in all phases of the work. The Project Manager leads in coordinating the efforts of consultants with the help of:
• Frequent coordination meetings.
• Consultant orientation packets which are distributed at project commencement and periodically through the project.
• Clearly defined scopes of work which define separation of responsibilities and eliminate grey areas. • Milestone Outline, prepared specifically for each project which clearly defines consultant performance expectations for each phase.
• Project Schedule coordinated with a milestone outline, reviewed and signed off by all consultants. • Drawing Status Log which is updated every two weeks which track’s consultant’s performance. • CADD (AutoCAD 2024 and Revit 2024) procedures involving background and overlay methodologies that insure up-to-date and coordinated design effort. Your project drawings will be completed using BIM/3D/Revit 2024 (3 dimensional modeling).
4. CONSTRUCTION ADMINISTRATION
BOA understands the importance of efficient construction administration. To ensure that the design and technical intent are conveyed to the contractor and that the project knowledge is available throughout this phase, the construction administration is led by the project manager. The Project Manager, Edward Lok Ng will personally review shop drawings as well as attend all job site meetings to resolve technical design issues. A Senior Project Manager from each of our engineering consultants will be assigned to assist the Project Manager and ensure that the highest standard, procedures and methods of construction are employed. BOA has a Construction Administration Manuel to assist the Project Manager with an established system to track shop drawings, RFI, change orders, and documentation of construction site meetings, so that keys decisions are tracked and managed for the benefit of the Client.
If there will be on-going operations and services, BOA will assist in the development of a Construction Phasing Plan to ensure that on-going operations and services will have minimum disruptions to city services. BOA is well aware of the need for City facilities and services to remain operational during construction. We have had good results recently assisting the Cities of Long Beach, Torrance, City of Irvine , Pasadena, and Carson on construction projects that require facilities to remain open during construction.
5. QUALITy CONTROL
Quality assurance begins with the commitment, experience and abilities of the team members. All of the firm’s personnel contain many design specialists versed in the complexities of the individual phases of the design process.
The quality assurance program for the project will draw on these skills to assist the team in obtaining its goals for a design of vision that delivers the maximum functional and accessibility solution to the user that addresses the needs of the client and does so with the most efficient construction process. BOA has an established Quality Control program that is based on three mechanisms.
The Quality Control Manual: The Quality Control Manual documents, activities, tasks, and deliverables are to be achieved in each phase of work. Checklists are included and, at the completion of each phase, are signed off by the Project Manager. The manual also includes exemplary forecasts for meetings, programs, schedules and Agendas.
We have a quality control checklist that is customized especially for Public Works facilities projects. Checklist items range from plumbing fixture standards, to City department clearances, to record drawing procedures, to amount to copies needed for review submittals, and much more.
Quality Control Review: Quality Control Reviews occur prior to client Submittals and at key points in the project schedule. During these reviews, the entire sets of documents are checked by an experienced, a highly-skilled architectural professional who has had major experience in the design of similar projects to ensure a “questioning character” in this process. Major emphasis is placed on Constructability and on satisfying the operational requirements of the user and thoroughness of documentation. As a part of this project, BOA will commit Mr. Leo Arteaga, Architect/ Quality Review Officer. He, who has over 30 years of architectural experience and is CASp certified, will be ideal for this role because of his extensive municipal and Public Works experience and familiarity with processes and procedures for these types of projects. Mr. Arteaga will review all deliverables at, 75%, and 95% completion. This involvement is formalized and part of the quality control manual procedures. We are committed to providing quality design services and trust that our past work with other local cities is indicative of that commitment.
Project Standards: From our experience of over 2000 public works architectural projects, BOA has developed its own Project Standard that can be customized to the Client that enhances quality control of bid documents and the construction process. Project Standards include:
1. Construction document detail drawings: With the input of past governmental clients, BOA has developed, refined, and field tested over 300 Standard construction details that are geared for public works renovation/addition projects.
We have Standard, field tested, construction document details for just about every field condition possible; accessible lavatory counters, transitions of existing to new addition, restrooms upgrade, signage, railings, entry doors, stairs, ramps, site work, parking lot, window/door replacement, roof repair, building expansion joints, elevator retrofit, HVAC replacement etc.
2. BOA has developed a standard facilities modernization equipment list e.g., types of new handrails, access lifts, lighting fixtures, plumbing fixtures, drinking fountains, furniture, restroom accessories, audio-visual equipment, etc., complete with manufacturer Model # and their acceptable approved equal. The Standard equipment list has been field tested and proven to be of high quality, durability, parts availability, and acceptable to the many past municipal clients.
3. BOA has developed a standard keynoting system with over 150 items that addresses virtually every facility field condition and many retrofit/repair conditions. These standard keynotes have been field tested and refined, and have proven to be clear and concise to construction contractors.
6. WORK PLAN
An integral part of our management approach is to develop a written Work Plan during the project’s Pre-Design phase, so that the Design Team and Client have clear written directions and instructions for each phase of the project. So that the entire Design Team is on the “Same Page”, We will create a written Work Plan for each design phase of your up-coming Rowley Park Gym Improvement Project, as well as a project Design Schedule, upon initiation of the project. Our preliminary Work Plan is included in the following pages:
Initial Meeting with Client
•Establish protocol and lines of communication
•Statements of Goals and Objectives
•Review schedule & establish significant
milestone dates
•Develop a formal project schedule
•Develop a formal written Work Plan
Program Appraisal
•Verify functional relationships with Users
•Confirm area allowances
•Review functional program
•Prepare a written report for facilities program
•Update program changes
Site Appraisal
•Review site information
•Walk site and document observations
•Photograph site and adjacent areas
•Establish need for destructive testing,
topographic survey, soil/geology reports, as-
built drawings,
•Study planning/context constraints
•Document zoning and parking requirements
•Appraise and document connections/access
•Document expansion requirements
•Establish location of existing utility lines
Cost Plan
•Assessment of non-programmed needs
•Budget review and analysis
•Resolution of scope in relation to budget
•Develop cost plan
Work Plan
•Review sub-consultant selection with Client
•Establish management plan
•Develop project directory
•LEED design approach, if any necessary
•Establish quality control procedures
•Establish project numbers and accounts
•Review legal and agency requirements
•Develop a written Work Plan
Contract Negotiation and Approval
•Ascertain Owner's requirements
•Determine form of contract and review
•Review possible modification to clients
standard contract form.
•Define architects’ scope of work
Client Meetings
•Establish frequency and pattern of attendance
INITIAL PLANNING PHASE- PRE-DESIGN
LA County ISD - Sorensen
Recreation Center Maintenance
and Repair: Initial Site
Assessment at Roof and
Windows
Issue Project Documents
•Program
•Budget & Cost Model
•Schedule
•Project Directory
•Protocol
•Work Plan
Initial Meeting with Consultant Team
•Review project documents
•Establish consultants’ goals
•Establish CADD/3D format and files
Initial Meeting with Client
•Review Schematic Design Schedule
•Establish “Key” dates and participants
•Establish design goals
•Review scope of work
Concept Studies
•Schematic Design, provide 3 options
•Expansion options (if any)
•Study connections/access
•Review construction methods
•Check concepts against cost plan
Complete Phase Documentation
•Preliminary Quality Control (QC) review
•Coordinate all disciplines
Cost Analysis
•Review options with client
Preliminary Agency Review
•Obtain schedule commitment from Bldg.
Dept., fire dept., planning dept.
•Review areas of concern
Quality Control Review
•Final review by Quality Control Officer
•Sign off by Project Manager
•Review pre-fabricated building options
•Review options with client
Inter-Team Interviews
•Establish space planning goals
•Refine selected options
Phase Development & Documentation
•Establish building plans
•Proceed with internal and inter-team QC
review
•Establish building sections, elevations, 3D
views
•Establish building systems; structural,
electrical, natural vent
•Develop overall site design
•Address “special” issues, e.g., ADA code &
design, for crime prevention/security, LEED,
energy savings options.
•Develop preliminary room/space criteria
•Develop preliminary equipment layouts
•Outline Specifications
Issues Backgrounds to Consultants
•Provide translations where necessary
Formal Acceptance by Client
•Notice to proceed with Design Development
Value Engineering
•Review all options with client
•Issue agreed changes to all consultants
Client Meetings
•Scheduled as needed – Involve Client
Maintenance/Repair Service Director & User
Programs Director
SCHEMATIC PLAN PHASE
Review Schematic Design
•Reconcile budget vs. scope
•Incorporate value engineering and energy
saving review changes
•Issue any new directives
Initial Client Meeting
•Review Design Development schedule
•Establish “key” dates and participants
•Confirm work plan
•Review consultant performance and
coordination
Develop Design
•Final detail planning
•Develop building systems
•Select key materials and products
•Develop typical construction methods and
details
•Research materials and specifications
•Finalize site, utilities, and structural
engineering
•Finalize pre-fabricated building system.
Phase Documentation
•Establish building plans
•Internal and inter-team QC review
•Establish building sections and elevations
•Develop room plans at 1/4” scale
•Establish building systems
•Address “special” issues
•Coordinate room/space criteria and
equipment
Issue Backgrounds to Consultants
•Provide translations where necessary
Complete Phase Documentation
•Preliminary QC review
•Coordinate all disciplines
Cost Analysis
•Review options with Client
Agency Review
•Planning Department
•Building Department
Quality Control Review
•Final review by Quality Control Officer
•Sign off by Project Architect
•Review that energy saving features has been
implemented in Drawings and Specifications.
Formal Acceptance by Client
•Obtain Notice to Proceed with Construction
Documents Phase
Constructibility Review
•Inter-team review
•Project Manager sign-off
Value Engineering
•Review all options with Client
•Issue agreed changes to all consultants
Client Meetings
•Scheduled as per scope of work
DESIGN DEVELOPMENT PHASE
Review Design Development
•Reconcile budget vs. scope
•Incorporate value engineering changes
•Issue any new directives
Initial Team Meeting
•Review Construction Documents schedule
•Establish review dates and participants
•Confirm work plan
•Review consultant performance &
coordination Work Plan
•Confirm critical path of the schedule
•Review consultant issues and coordination
•Determine deliverables
•Cartoon all drawings
•Confirm construction contract type and
procedures
•Research specific issues and materials
•Confirm CADD and Revit 3D files and
sequence
•Establish coordination procedures
Phases Documentation
•Check final drawing list against QC manual
•Review final drawing list
•Schedule final CADD effort with CADD
coordinator
•Coordinate room/space criteria and
equipment
Issue Backgrounds to Consultants
•Check all translations before proceeding with
consultant work
Cost Analysis
•Review options with Client
•Estimates at 50% and 85%
Agency Reviews
•Over the counter at 50%
•Resolve any outstanding issues
Submit to Agency
•Schedule for plan check corrections
Quality Control Review
•Final review by Quality Control Officer
•Sign off by Project Manager
•Review that energy savibngs Features have
been implemented in Drawings and Specs.
Final Coordination
•Check completeness of all discipline
documents
•Consultant coordination
•Code compliance
•Check all equipment requirements
Value Engineering
•Review all options with Client
•Pick up changes on all documents
Client Review and Acceptance
•Scope and budget
•Value engineering items
•Drawings/Specifications Submittal 50%, 85%,
100%
Client Meetings -•Scheduled as needed
CONSTRUCTION CONTRACT DOCUMENT PHASE
Pre-Bid Conference
•Present goals and objectives of project
•Review schedule
•Review procedures
•Call attention to special conditions
•Document all questions
Bidding
•Assist Client to agree and issue addenda
•Provide Clarification when to bid documents
•Assist Client to agree on bid alternates
•Assist client in reviewing bids
Pre-construction Meeting
•Establish protocol
•Review procedure
•Review general contractor schedule
•Assist in testing and inspection appointment
•Establish submittal schedule and procedures
•Review and respond to submittals and shop
drawings
•Establish observation procedures
•Schedule meetings and attend site visits
•Confirm procedures regarding field orders,
clarifications, instruction bulletins, change
directions, and change orders.
•Prepare sketches and cost for change order
•Substitutions
•Legal procedures
Bonds, insurance, etc.
•Drawing updates record documents
•Payment requests and certification
Construction schedule and update
•Quality and standards
•Samples
•Delays and defects
•Agency procedures
Site Meetings
•Action list
•Meetings as scheduled
Punch List
•Preliminary and ongoing
•Final
As-Built Drawings
Beneficial Occupancy
Final Completion and Inspection
Manuals, Warranties and Record Drawings
Maintenance and Operational Instructions
BID PHASE
CONSTRUCTION/AS-BUILT/WARRANTy PHASE
As mentioned in “Section 1. Project Approach and Understanding”, of this RFP Response, BOA has an established project management system with checklists, a written Work Plan, Quality Control program, and more. Despite all these in-house control systems and our best efforts, there will still be challenges throughout this project. In any architectural design and construction project, there WILL be challenges and problems/issues that will arise unexpectedly. Especially for renovation projects where one is not sure of what is hidden in the walls or under the slab. It is given that challenges will be a reality in both the design and construction phases.
When challenges arise that go beyond the project scope, but must be done, what do we do? BOA is a firm that believes in the collaborative approach. Where the Owner (or the client), Design Team, and Contractor are notified and work together as a team to resolve the issue(s). BOA’s approach encourages communication between all stakeholders to allow all parties to use all their resources to resolve the challenges that will result in the “best value” for the project. As an agent and an advocate for the Owner, BOA, we will always try to minimize “change orders” while achieving as close to the ideal outcome as possible.
What about when the Design Team makes a mistake? What do we do? An example might be if the Design Team takes too long to respond to structural shop drawings, which causes a delay in the construction, and the contractor charges a justified “Change Order”? Of course, BOA would have tried to retain another structural engineer and use all our resources to resolve beforehand. However, if it is found that the Design Team is at fault, BOA will pay for all the damage caused by the Design Team’s delay and negligence. This is an extreme case, and we all hope this does not occur. But if it does occur, we want to assure you that we will not “bail out”, but be proactive to take full accountability and responsibility. Our approach to challenges is to always be as transparent as possible and to proactively resolve problems collaboratively. We hope that the 2 above scenarios gives you insight into BOA’s integrity and core values.
2. APPROACH TO POTENTIAL CHALLENGES
3. ANTICIPATED STAFFING LEVELS
FIRM PROFILE
Established in 1961, BOA is an S-Corporation architectural firm and a certified Small Business Enterprise (SBE) by the State of California DGS department and City of Los Angeles. The company’s corporate officer and principal is Edward Lok Ng (licensed architect in the State of California). BOA has been in continuous business since 1961.
The firm has ten (10) architectural staff, and one (1) office manager, totaling eleven (11) employees. In addition to architecture, BOA also has in-house expertise in ADA Compliance and interior design services.
LEGAL NAME AND ADDRESS:
Black, O’Dowd and Associates, Inc.
DBA BOA Architecture
1511 Cota Avenue
Long Beach, CA 90813
Phone: (562) 912-7900
STRUCTURE OF FIRM:
California Corporation #D055-4236
Federal I.D. #95-2632309
State I.D. #153-7551-2
City of Los Angeles-Business License
#437008-75
Dun & Bradstreet #04-441-9737
SERVICES PROVIDED By FIRM:
Architecture
Interior Design
ADA Compliance Consultant
PERSONNEL By DISCIPLINE:
Architectural Staff: 9
Administrative Staff: 1
BOA currently employs 10 employees.
yEAR FIRM ESTABLISHED:
BOA was originally established in 1961 under the name of Black, O’Dowd and Associates
CURRENT INSURANCE COVERAGE:
Professional Liability - $10,000,000
General Liability - $10,000,000
Limits can be increased if required and are negotiable on an individual basis.
PRINCIPAL CONTACT:
Edward Lok Ng, Architect, LEED AP
Employed since 1982, Principal since 1996, License CA
#C16840
email: [email protected]
FIRM’S ANNUAL DESIGN FEES RECEIVED:
Approximately $2,000,000
CURRENT WORKLOAD:
Our current workload is moderate and is such that we can begin your Project immediately.
KEy PERSONNEL & RESUMES
Please find in the following pages resumes of BOA’s Key Personnel who will design and manage your project.
These Key Personnel are also long-time in-house staff and have combine to complete over 50 municipal community centers and gyms renovation projects.
Please note that BOA Architecture, as the prime-consultant, will be responsible for all aspects of your project, including architecture and engineering. BOA staff, Edward Lok Ng, Architect (has been employed over 40 years with BOA), will be the project manager overseeing your entire project, and have day-to-day communication with you. Leo Arteaga, CASp (ha been emplyeed 28 years with BOA), will lead the ADA compliance assessment and design, and be responsible for the Quality Control of the entire Construction Documents. Kyle Ng, Interior Designer (has been emplyeed 15 years with BOA), will design the building interior and select all the interior finishes. These 3 in-house staff will design and manage this project from connection to project close-out.
Additionally, these sub-consultants that are listed (Section 5. Time Team Members Have Been with BOA) are all State of California licensed professionals in their respective disciplines, and have teamed with BOA on numerous other municipal park-recreation projects for over 20-years. Our sub-consultant’s full qualifications are available upon request.
PROJECT RESPONSIBILITy
Maintain Client communication, lead overall design effort in form and function, compile client and user group input and maintain day-to-day contact with Client, and the entire Design Team.
EDUCATION
Bachelor of Architecture, University of Hawaii, 1981
PROFESSIONAL REGISTRATION
Licenced Architect, C-16840, State of California, 1986
LEED Acreditted Professional 2009
Completed Accessibility Surveyor Training for State Leased Buildings and Facilities, State of California, since 2003
EXPERIENCE
Edward Lok Ng has been a member of BOA since 1982. Principal and Director of Design, Mr. Ng has over 40 years of experience in all phases of the design process. He has personally designed and managed over 500 municipal facility projects and over 300 parks and recreation projects. And he has designed and managed 3 Community Gym Renovation projects. He leads a talented team of designers and consultants to ensure that design solutions effectively meet the clients’ and users’ needs while adhering to client schedules and budget constraints. He is proficient in computer aided design (CADD). He has been the Project Manager Designer for numerous City Hall facilities, civic/public buildings, parks and recreation, Fire Stations, Police Dept. facilities, and ADA retrofit/transition plan projects. This extensive municipal architecture experience coupled with Mr. Ng’s dedication and commitment to design excellence has led to numerous honors and commendations for BOA. Currently, Mr. Ng is the Project Manager for all Public Park Renovation projects for the Cities of Gardena, Anaheim, Glendale, South Gate and Irvine (4 community center renovations) as well as the firm’s current parks modernization and repair projects with LA County ISD.
A certified plan review consultant to California’s Division of the State Architect, Mr. Ng has completed DSA- sponsored training as an Access Compliance Plan Reviewer and Accessibility Surveyor. As a member of the City of Long Beach Disabled Access Appeals Board since 1994 and the Design Review Board for the City of Downey since 1989, he has reviewed applications and appeals for a broad range of commercial and municipal designed projects. He is also LEED, AP Certified and has design several LEED Certified projects. His expertise on sustainability design will be a definite asset towards your sustainability goals.
EDWARD LOK NG
ARCHITECT, LEED AP
BOA RESUMES
PROJECT RESPONSIBILITy
Apply and interpret technical requirements of the Americans with Disabilities Act and access provisions of the California Building Code for this project. In addition, he will spearhead the ADA Compliance assessment and problem- solving for this project. He will also provide quality control of all Construction Documents for this project
EDUCATION
Bachelor of Architecture, California State Polytechnic University at Pomona, 2002
PROFESSIONAL REGISTRATION
California Certified Access Specialist, 2009 - CASp #55 ICC-Certified Accessinility Inspector and Plan Examiner - #8088179
EXPERIENCE
Leonardo Arteaga is a Project Manager with expertise in applying and interpreting technical requirements of the Americans with Disabilities Act (ADA) and access provisions of the California Building Code (CBC).
Mr. Arteaga is a California Certified Access Specialist. He graduated from California State Polytechnic University, Pomona, in 2002 with a Bachelor of Architecture degree and has been at BOA Architecture since 1997. In 2009, he successfully fulfilled the experience and testing requirements set forth by the Division of the State Architect (DSA) and became a California Certified Access Specialist. His experience ADA Compliance experience includes accessibility plan check services on behalf of the DSA-Los Angeles Basin Regional Office and the County of San Bernardino-Department of Risk Management, ADA Transition Plan and accessibility inspections, compiling inspection information into accurate and concise accessibility reports, cost feasibility reports, and code analysis roles covering all phases of barrier removal. His relevant Public Park experience and expertise includes all types of municipal facilities (Auditorium, Community Centers, Public Restrooms, and the grounds at public parks, parking lots) for ADA Compliance for the Cities of Long Beach, South Gate, Glendale, Pasadena, Placentia, Irvine, Huntington Beach, and City of San Bernardino, and County of San Bernardino. Other experience include DSA-LA Basin Region Office – Consultant Access Compliance Plan Reviewer (2008-2011), County of San Bernardino, CA – Inspection, Review and Analysis, and ADA Title III Private Entity Accessibility Surveys – multiple facilities.
LEONARDO ARTEAGA
PROJECT MANAGER , CASP
BOA RESUMES
PROJECT RESPONSIBILITy
Equipped with a BFA in Interior Architecture (from CSU Long Beach) and Masters of Architecture (Cal Poly Pomona), Kyle is BOA’s Director of Interior Design. Kyle offers valuable design insight especially for the interior of your buildings, and is in-charge of interior design directions, and is responsible for our extensive interior materials library and resources. He works to spearheads the production of interior design construction documents; drawings, specifications and 3-dimensional modeling. He also coordinates with Clients and our sub-consultants/engineers to resolves critical interior design issues.
EDUCATION
Masters of Architecture
Cal Poly Pomona University, 2017
BFA, Interior Architecture from CSU Long Beach
Licensure in Progress
yEARS OF EXPERIENCE
Employed by BOA since 2010
EXPERIENCE
Kyle has been a member of BOA since 2010, with over 12 years of architectural experience in all phases of a project, from conception, through construction, and project close-out. He has experience in both private commercial and especially public works interior renovation projects for numerous public clients; understanding the goals of the Client and that open communications are the keys to a successful project. He leads the interior design and production effort to ensure that design solutions effectively meet the clients’ and users’ needs and goals while adhering to client schedules and budget constraints. He is advance-proficient in both Computer Aided Design (CADD) and in BIM Revit 3D 2020. He has been the Project Designer for interior design projects for numerous public parks renovation projects; Cities of Gardena, Irvine, Costa Mesa, Laguna Beach, Laguna Niguel, Pasadena, and for LA County ISD. Kyle’s wide variety of interior Public Parks design work experience includes:
KyLE NG
PROJECT MANAGER , DIRECTOR OF INTERIOR DESIGN
• City of Laguna Niguel Senior Center interior renovation • LA County ISD, interior & exterior renovation at Public Parks locations • City of Pasadena Villa Parke renovation and addition of the Community Center • Gardena Mas Fukai Park renovation, 5,000 s.f. new community center, public restrooms • San Bernardeno County Wonder Valley Community Center renovation • Lake Forest Sports Park renovation
• City of Lawndale Youth Development Center and Skatepark Most importantly, he has designed the interior over 100 municipal parks/recreation building renovation projects.
BOA RESUMES
4. QUALIFICATIONS & EXPERIENCE
In the following pages, we have attached relevant project progress that have been completed by BOA’s current staff.
** INSERT PROJECTS HERE **
BakersfieldStateUni.Gym
Project: Physical Education Facilities, California State University, Bakersfield; Bakersfield, CA Client: CSU, Bakersfield
Project Description: BOA designed the initial phase of a physical education facility to serve student needs. It must be organized in a manner adaptive to a controlled process of expansion to meeting future needs of the students. The initial facility is to be a compact structure with a relatively complete appearance, yet allowing for expansion with a minimum revision of the completed work. The structure was designed to be compatible with existing campus structures and to conform to the campus master plan. The structure is composed of exposed aggregate concrete block bearing walls which support closely spaced long span, open web, steel joists and/or steel beams with corrugated steel decking and insulating concrete. Skylights enhance the quality of illumination by combing natural with artificial lighting. Other parts of this facility included complete shower and locker rooms, and train rooms for both genders.
BOA Architecture Relevant Experience
LA COUNTY ISD, Add New HVAC to Alondra Park Gym
Client: County of Los Angeles ISD, contact; Orania Stamus 213-200-8094, Shahen Soghomonian 818-751-9377 Construction Cost: $700,000 Completed: 2025 Architect Team: Edward Lok Ng, Leo Arteaga, Kyle Ng In 2018 BOA Architecture was selected to provide Architectural On-Call Services on behalf of the County of Los Angele – Internal Services Department (ISD) for their Deferred Maintenance Program for their existing buildings. To date, we have completed the design of 10 renovation/modernization projects in the cost range of $50,000 to $1,500,000 in construction cost. A challenging but rewarding project was to add new HVAC system to the Alondra basketball Gym at Alondra Park in the City of Lawndale. Since the 1950’s, when it was originally built, this well-use gym only had radiant space heating.
Design Solution: With a very limited construction budget of $700,000, and directions to preserve the existing “mid- century modern” appearance of the building, BOA added
new HVAC units to the existing flat lower roof of the gym building. Tapered roof rigid insulation with PVC single-ply roof was added for proper roof drainage. The rigid
insulation also helped to modulate in-door temperature. A modern-looking steel siding formed a screen to hide the unsightly rooftop equipment and ducts from view. At the interior, large, exposed round HVAC ducts were pushed as high as possible to not obstruct the gym’s play area.
Because there was limited electrical power for the gym, we coordinated with SCE to design a new 400 amp electrical service to accommodate existing demands for the gym,
restrooms, kitchen, and for the new HVAC system.
During construction. AFTER: new HVAC system for the
Gym that is screened from view.
BEFORE: Alondra Gym had only a radiant heating system.
AFTER: new HVAC ducts in the Gym supplying conditioned air.
BOA Architecture Relevant Experience
LA COUNTY ISD, Deferred Maintenance Program
In 2018 BOA Architecture was selected to provide Architectural On-Call Services on behalf of the County of Los Angele –Internal Services Department (ISD), contact; Keith Andersen 310-720-2921 or Shahen Soghomonian 818- 751-9377, for their Deferred Maintenance Program for their existing buildings. To date, we have completed the design of 12 renovation/modernization projects in the cost range of $50,000 to $1,500,000 in construction cost.
We have completed 10 projects, and currently are designing 5 projects. The design of the following on-call assignments has been recently completed.
Roy Campenella Park Recreation Center, 4000 sf Renovation,Construction Cost: $800,000 Located in the City of Compton. Recently completed construction, the
project scope comprised of the replacement and
modernizing of the HVAC & electrical systems, new fire
alarm, new exterior lighting, renovate restrooms for ADA Compliance, add R-30 roof insulation, replace the roof, raingutters, repair rotted wood beams, provide positive stormwater drainage in the courtyard, provide new
flooring, and paint interior/exterior.
Saybrook Recreation Center, 3000 sf Renovation,
Construction Cost: $700,000 Located in East LA Recently completed construction, the project scope comprised of the replacement and modernizing of the plumbing, replace electrical service, new fire alarm, new interior & exterior lighting, renovate restrooms new fixtures/finishes, add R-30 roof insulation, replace the roof, replace HVAC ducts, provide positive
stormwater drainage in the courtyard, provide new flooring, and paint interior/exterior, remove wood siding & invasive vines, install new plaster finish on entire building exterior.
Sorensen Recreation Building, 3000 sf
Renovation, Construction Cost: $600,000
Located in the City of Whittier. Recently
completed construction, the project scope
comprised of the replacement and modernizing
of the HVAC & electrical systems, new fire
alarm, new exterior/interior lighting, renovate
restrooms for ADA Compliance, replace roof,
windows & doors, replace rotted eave fascia,
repair rotted wood trims, provide new flooring,
and paint interior/exterior.
Eddie Heredia Boxing Club, 5000 sf Renovation,
Construction Cost: $1,100,000 Located in East LA. Recently completed construction. This renovation project totally transforms a 1960’s mid- century fire station into recreational community boxing gym. The project scope comprised of the replacement and modernizing of the HVAC, plumbing & electrical systems, new fire alarm, new interior/exterior lighting, new restrooms with lockers, add R-30 roof insulation, replace the roof & raingutters, repair rotted wood beams and fascia, new ADA parking stall, new trash enclosure, new flooring, paint interior/exterior, new entry ramp/stairs, remove walls to create larger rooms, and new sectional garage doors that will allow both natural ventilation and air conditioning for boxing events and training. The new garage doors will also maintain the historic character of the original fire station.
Roy Campanella Rec Ctr, Compton CA,
New HVAC & bldg. repairs
Saybrook Rec Ctr, East LA, CA,
Sorensen Rec Building, Whittier, CA, In-Construction;
Replace HVAC equipment, Windows/Trims, Fascia, remodel restrooms Just completed 2023, Eddie Heredia
Boxing Club, East LA, CA,
3. COMPANY QUALIFICATIONS
PROJECT EXAMPLES
MAS FUKAI PARK, City of Gardena (currently in Construction Document phase of Design) Mas Fukai Park in the City of Gardena is on the cusp of a remarkable transformation, currently in the Construction Document phase with David Volz Design (DVD) and BOA Architecture partnered to took charge to renovate the Park grounds, new community building and park restrooms. This collaborative effort is set to breathe new life into the park, creating an inclusive recreational space that caters to the diverse interests of the community. D VD & BOA 's innovative touch introduces modern pickleball courts and basketball courts, providing sports enthusiasts with top-notch facilities to indulge in their favorite activities. The park's existing ballfields and bleachers are undergoing substantial improvements, ensuring a delightful experience for sports spectators and players alike. Additionally, an invigorating exercise walking path snakes its way through the park's picturesque landscape, complemented by strategically placed exercise equipment, enticing visitors to embrace an active and healthy lifestyle. As a serene oasis for relaxation, a unique foot reflexology labyrinth will be featured, offering a tranquil retreat where visitors can unwind and rejuvenate their senses amidst the soothing natural surroundings. The new 5000sf Community Center will provide state -of-the-art facilities for Teen Center, Dance Studio, and a l arge community rental room for large events. Natural building materials of wood ceilings, concrete floors, and large expanses of glass promotes the indoor-outdoor ambience vision of the Client. The rejuvenated Mas Fukai Park is poised to become a cherished community haven, fostering a sense of unity and well-being for residents and visitors to treasure for years to come.
Client: City of Gardena
Kevin Kwak, PE
Assistant Public Works
Director
1717 West 162nd Street
Gardena, CA 90247 310-
217-9643
[email protected]
Key Elements:
Pickleball courts
Basketball courts
Updated ballfields
Foot reflexology labyrinth
Community building
Public park restrooms
Services provided:
Schematic Plans
Design Development
Construction Documents
Construction Admin.
Design start: Oct. 2022
Construction starts: Dec.
2023
Design cost: $755,830
DVD design team:
Eric Sterling, Kevin Volz,
Luis Pedraza, Sarah
Moon.
BOA Architecture design
team:
Edward Lok Ng, Kyle Ng,
Leo Arteaga.
Project Experience BOA Architecture
LA COUNTY ISD, Eddie Heredia, Eastside Boxing Club
Client: County of Los Angeles ISD, contact; Ourania Stamus 213-200-8094 or Shahen Soghomonian 818-751-9377Construction Cost: $1,300,000 for 5000 sf renovation. Completed: 2023 Located in East LA, this renovation project totally transformed a historic, but obsolete, 1960’s mid-century fire station into a recreational community boxing gym for at-risk local youths. BOA worked with the LA County historian to ensure that the exterior defining architectural features of the building were not altered. The non -original apparatus garage doors at the street frontage and alley, were replaced with new sectional glass garage doors for openness and natural lighting. The new garage doors maintained the historic character of the original fire station. Even though, new HVAC was installed, the large operable glass garage doors allowed for natural open-air boxing-training workouts, which was much desired by the boxers and trainers. The old and ugly rooftop HVAC equipment were removed, and roofing was replaced with new energy-saving reflective shingles. E xterior walls-windows were repaired, patch & painted. The interior was totally gutted to install new electrical/data, new LED lighting, new drywall, and removed some walls to create larger workout-training areas, and a weight room. The former sloped floor apparatus garage, was demolished, re-poured with new concrete, for a boxing ring and enough space around the ring for portable chairs and bleacher for viewing. Other project scope comprised of replacement & modernizing the HVAC, plumbing & electrical systems, fire alarm, interior/exterior lighting, new renovated ADA compliant restrooms with lockers, add R-30 roof insulation, replace the roof & raingutters, repair rotted wood beams and fascia, new rubber sports flooring throughout, paint interior/exterior, removed former kitchen walls & built-ins to create larger rooms.
New exterior sitework included; ADA parking stall, large trash enclosure, and new entry ramp/stairs for accessibility from the street, new gates/fence off alley, AFTER, completed, Jan. 2023
BEFORE
New Restrooms w Lockers
New Trash Enclosure, Gates, Fence, Add ADA Parking New Rubber Sports Flooring wall finishes, LED Lighting
PROJECT EXPERIENCE
HOLLYDALE COMMUNITY PARK, City of South Gate (currently in Construction, at 95% complete) The new vision of this park is a vibrant activity space that would include: play lots, ball courts, health and wellness tracks, a new community building with public restrooms. The improved park is to have new picnic spaces, a play lawn, an open-air theater with a movie screen backdrop, benches, play equipment, shade trees, and a gateway marker at the neighborhood entryway. Various neighborhood gatherings are anticipated for this envisioned green oasis. Gatherings are to include organized neighborhood events and a revamped city-run Halloween program that was very popular in past years at this site. This site will be a gated facility.
It is currently secured on three sides.
The master plan includes a decorative street edge fence. New welcoming gateways are envisioned along busy Industrial Avenue. The ability to close the park will allow for nighttime security and provide protection from the street for young children. Lighting and security cameras will be installed along with emergency vehicles and maintenance access ways. Eleven new parking stalls will be built along the street edge to encourage and accommodate easy access to this needed park facility. A new community center, public restrooms, covered patios and a large room provides indoor recreation programing and community rental opportunities.
Client:
City of South Gate
Reference: Steve Costley
Interim Director of Parks &
Recreation
(323) 563-5494
[email protected]
Key Elements:
Children’s playground
Parking
Hard court activities
Walking trail, Security fencing
Community Bldg. w restrooms.
Services provided:
• (8) Community Outreach
Workshops & Display
Exhibits
• Summary Report
• Design Development
• Final Concept Plan
• Construction Documents
Grant Application
Assistance
Acreage: 1.42
Start Date: October 2017
Cost of Design: $253,000
Construction start: Oct. 2023
DVD Landscape Arch. design
team: Eric Sterling, David Volz,
Luis Pedraza, Sarah Moon,
Xitlali Casarrubias,
BOA Architecture design team:
Edward Lok Ng, Kyle Ng, Leo
Arteaga.
BOA Architecture Relevant Experience Lawndale Youth Development Ctr. - Teen Ctr.
Project: YDC or Youth Development Center-Teen Center, Lawndale, CA Construction Cost: $11,000,000 Owner: City of Lawndale, contact: Jason Minter, Community Development Director Current Status: Schematic Design Project Description: A brand new “state of the art” facility dedicated to the teenagers of Lawndale, it will meet their recreational and social needs and provide space for family counseling and after-school “youth development and intervention” programs.
Through our public outreach efforts, the teens wanted “a creative place to hangout”. In response, on the first floor of this dedicated Teen Center includes a large multi-purpose for social events, hangout, and gaming. It can easily be converted to a creative dance and fitness studio by moving the portable furniture to the sides. Adjacent is kitchen space that can be used as a “test” kitchen for creative cooking. Near the large multi-purpose room is a Classroom / “Maker” room for teen to be creative with computer technology, arts-crafts, and lots of counter space for 3D printing and floor area for animatronics-robotics. At the main lobby entry will be private offices for career counseling, Teen-family counseling, staff office. Outdoor amenities include ping-pong, outdoor gardening, outdoor music stage, and gathering areas. The main feature at the exterior is the Skate Park which will be an attraction for the teen center and will be open to the public. Playful colors and shapes will adorn the interior. Large windows provide a panoramic view of the Skate Park,
outdoor gathering spaces, and let
in a lot of natural light. The second
floor of this 10,000sf building, with
its own separate entry, will be
home to the City’s Municipal
Service Dept offices, and Multi-
media - Cable TV offices. The
exterior building materials of
masonry veneer, large expanses
of glass & generous roof eave
overhangs were arranged into a
contemporary expression that will
blend and be compatible with the
adjacent civic center modern-
contemporary architecture. Site Plan -Floor Plan
North main entry w 1st floor Teen Center, Municipal Services 2nd floor Main Lobby to Teen Ctr.
Teen Center Multi-purpose Room
Outdoor courtyard at Northwest
BOA Architecture Relevant Experience The main entry located at the corner of Pacific Coast Hwy./Eubank Ave in Wilmington, is a contemporary expression of the historic Banning House Playful colors define the stage at the Multi-Purpose Rm. Commercial kitchen for meals program Spacious interior hallways overlook courtyard.
Project: Wilmington Senior/Multi-Purpose Center at Banning Park, Los Angeles Area-Wilmington, CA Client: City of Los Angeles, Recreation & Parks Dept. contact Paul Tseng ph: 213-847-9435 Construction Cost: $2,400,000 Completed: 2003 Architect Team: Edward Lok Ng, Project Description: A new “state of the art” facility dedicated to senior citizens. It will meet recreational/social needs of seniors, and provide a ”home away from home.” This 12,000 sf facility is located on the grounds of National Historic Banning House. BOA worked closely with a Historic Consultant to locate & design a new building that was compatible but not mimic the Banning House. BOA also coordinated with the Councilman’s Office, User Groups, City Cultural affairs, and Park Preservation to resolve design conflicts. This U-shape building with a courtyard focus, offered natural lighting within a secured environment, and provided a pleasant setting for seniors to meet and outdoor recreation. It was designed specifically for seniors with limited mobility and varying disabilities. This facility exceeds ADA accessibility code requirements, featuring, access lift to the stage, automatic opening doors, liberal use of handrails/grab bars in the hallways, and an open plan to facilitate visual accessibility. Crime prevention features included, access controls, selective use of windows at ground level, and natural surveillance at courtyard and front entry. BOA coordinated workshops with senior & park user groups to formulate security, programmatic, and accessibility goals and provided a forum for User input.
BOA Architecture
Bellflower Indoor Pool & Locker Room Renovation
Indoor Pool Before Renovation Rotted Wood Roof Framing Locker Rm Before Renovation Project: Bellflower Aquatic Center, Indoor Pool Locker Room Renovation Construction Cost: $1,500,000 Location: Thompson Park, Bellflower, CA Architect Team: Edward Lok Ng, Leo Arteaga Client: City of Bellflower Dept. of Public Works, contact: Bernie Iniquez (562) 760-3250 Year Built: 2020 Project Description: BOA Architecture was commissioned to repair and improve an old 1960’s indoor pool building and its locker rooms. Our challenges were to replace all the rotted wood framing in the locker rooms. The wood studs had rotted from decades of water seepage from showers, and from the maintenance staff “hose down” the floor twice per day and pool operations (patrons are typically dripping wet when using the locker rooms). BOA’s solution was to carefully sawcut the entire locker room concrete floor, and install new concrete floors sloping and install numerous new drains, to expel water quickly. We designed new concrete curbs to protect new and existing wood stud walls from moisture, rot, and corrosion damage. All rooms were designed have at least 2 floor drains to push water out of each room quickly. New fiberglass doors and door frames provided corrosion protection and allow “hosing-down” of concrete floors in every room. The swimming pool locker rooms can accommodate over 100 swimmers with newly renovated facility included; men & women locker room/showers/restroom, private dressing stalls. Plumbing fixtures and toilet room accessories were chosen for their reliability, low-maintenance and durability in a wet environment. We also remodel the entry lobby, staff offices, and swimmer check-in counter. Also, due to poor ventilation in the concealed ceiling of the indoor pool building, much of the wood framing plywood and roof rafters had rotted. BOA removed and designed a new exposed structural roof deck with exposed rafters and plywood. New rigid insulation and new PVC single-ply “cool roof” helped to moderate interior temperature. Multiple new, large capacity, heavy duty exhaust fans located at the roof ridge helped to promoted ventilation with slow air movement (for patron comfort) while moving large volumes of air. We design large new fabric air conditioning ducts that will not corrode for the existing air conditioning system. These enhancements to the existing mechanical system also expelled pool chemical odor and moisture before its corrosive effects can harm the steel structure. New high-efficiency, up and down, LED lighting replaced old and obsolete fluorescent fixtures, lit pool decks and featured the new exposed ceiling. The large existing structural steel beam were painted with marine grade epoxy painted to minimize further rust and corrosion.
After; New Ceiling Structure, New Lighting, New Fabric Ducts After; New Shower, New Locker Rm BEFORE
AFTER
BOA Architecture
Pasadena Villa Parke Community Center Remodel
Construction Cost: $1,000,000
Location: Villa Parke, Pasadena, CA Architect Team: Edward Lok Ng, Leo Arteaga, Miguel Andrade Client: City of Pasadena Dept. of Public Works, contact: Tiffiny Chen PE (626) 744-6771 Year Built: Nov.. 2022 Project Description: BOA Architecture just completed the design phase with construction to start Dec. 2020. BOA Architecture was commissioned to modernize this old municipal community center and pool facility at the Villa Parke Community Center. The improvements to this expansive 2-story community center includes; bulletproof protective glass at the front public reception counter, new polish concrete flooring in the hallways, replace the roof leak damaged flooring and ceiling in the senior center community room, repair window leaks in multiple locations, and replaces the entire roofing (20,000 sf) with new PVC-TPO roofing. Most of the old pool equipment room will be replaced; pool filters, circulation pum ps, pit submersible pump at backwash pit, boiler, and along with their associated plumbing pipes. On the pool deck, everything on the deck
will be repla ced; includ ing; pool coping, stai rs,
deck drains, lifeguard stands, di ving boa rd,
lockers, light poles,pool depth markers, bleachers,
and remodel the pool locker room. A new feature
that pool patrons will enjoy year-round is the new
shade canopy structure that will protect the
bleachers from the sun. New electrical power and
lighting will allow for extended night-time activities
such as; night swimming and movie-night at the
pool with a big s creen. The “gem” of this
renovation project, is the addition of a new entry
lobby for the existing Boxing Gym and Weight
Room. The existing courtyard that is situated
between the Boxing Gym and Weight Room will
be demoli shed to make way for a new indoor
lobby will have direct access to , not only the
Boxing gym and weight rooms, but the basketball
gym and the pool deck through the Weight Room.
Front entry to Villa Parke Community Center
Jan. 2022 Construction at New Entry Lobby
Proposed Exterior of New Entry Lobby Proposed Interior of New Entry Lobby Proposed Interior of New Entry Lobby
Completed New Shade Structure and Bleachers
BEFORE
Pasadena Villa Parke Pool Deck & Equipment Replacement
June 2022 Construction at Pool Deck
BOA Architecture Relevant Experience BEFORE
AFTER: NEW 1ST FLOOR ENTRY & 2ND FLOOR ADDITION
AERIAL OF NEW AND RENOVATED FACILITIES
Project: Youth Activity-Teen Center,
Construction Cost: $1,400,000
Owner: City of Sierra Madre, CA
Project Description: A new “state of the art”
facility dedicated to teenagers of Sierra Madre,
it will meet their recreational and social needs,
and also provide after-school “intervention”
programs. It was designed specifically for
teens, to give them “their own place, their
“clubhouse” on the second floor over an
existing community center. In outreach
meetings with the teens,, the teens decided
that it should be a “tree house” just for
teenagers. This second floor addition was
nestled among oak trees, incorporated
articulated knee braces (representing tree
branches) and fiber cement siding & generous
roof eave overhangs into a contemporary
expression of craftsman motif to achieve the
“tree house” appearance. The architecture was also sensitive to the surrounding residential craftsman style and the architecture of the existing building on the first floor, by matching the existing horizontal red brick and low pitched wood gable roof. This facility included a large multi-purpose game room, other rooms for homework, computer labs, teen counseling, staff office, skateboard storage, arts and crafts, kitchen for cooking crafts and snacks, and outdoor gardening and gathering areas. Playful colors and shapes dominate the interior. Large corner windows provided panoramic views of the City park grounds. The new second floor addition was built independent of the roof structure below to allow current City programs to remain operational during construction, and to save money on needless demolition and rework of the existing first floor. The first floor was also renovated for ADA compliance that included retrofit restrooms, new ramps, reception counter, and new doors.
BOA Architecture Relevant Experience New 2nd floor Teen Center with a “tree house” theme is built over existing 1st floor Community Center Main entry from parking lot. Colorful 2nd floor entry w cubby hole storage for teens. Soundproof rm. for music & homework Multi-Purpose Rm. for large activities. Kitchen for snacks & cooking craft. Large arts & crafts room Project: Sierra Madre Youth Activity Center (Teen Center) Location: 611 E. Sierra Madre Blvd.. Sierra Madre, CA 91024 Construction Cost: $1,400,000 Year Built: 2005 Client: City of Sierra Madre, Dept. of Public Works BOA Architecture Relevant Experience
Street into entry courtyard Multi-purpose Rm. for dining/dancing/card playing Courtyard entry Project: Bartlett Senior Center, Torrance, CA Client: City of Torrance, 3031 Torrance Blvd., Torrance, CA 90509 Architect Team: Edward Lok Ng; project manager/project designer Project Description: This new two-story, 13,000 square foot facility provides both recreational and social needs of senior citizens in Old Downtown Torrance. It was designed specifically for seniors with limited mobility, and exceeds ADA code requirements. Accessibility features included; an elevator, automatic opening doors, liberal use of handrails/grab bars, and an open plan to facilitate accessibility. An entry courtyard shaded by trees welcomes visitors and seniors. A full commercial kitchen serves over 300 hot meals per day. To bring the project within a tight budget, the 5000 sf multi-purpose room was constructed over 6 existing championship quality shuffleboard courts. Great effort was made to preserve the shuffleboard courts in both the design and construction phases. CPTED (Crime Prevention Through Environmental Design) features include, CCTV, access controls, and natural courtyard surveillance. The building exterior was designed to be architecturally compatible with the adjacent "Art Deco" style museum. A Senior Advisory Committee was organized to formulate security and accessibility goals, and provide user input in the design process. The courtyard allowed seniors to participate in recreational activities or “people watching” in a secured lush/shaded outdoor space.
Cypress Senior Center Interior Improvements
Client: City of Cypress, contact: Kevin Chin, Project Managers Date completed: June. 2024 Architect Team: Edward Lok Ng, Leo Arteaga, Kyle Ng Construction Cost: $1,200,000 Project Description: BOA, was commissioned to design and provide construction support to give this dated Cypress Senior Center a new and fresh look. Composed for a new, modern-contemporary appeal, we provided new paint, carpet, ceiling tiles, LED linear lighting, and new LVT flooring. The old parquet wood flooring and obsolete operable wall in the large multi-purpose assembly room were replaced with LVT flooring and easy-to-use operable wall. All the pink color cabinets doors were refinished with new plastic laminate facing. The old reception counter was replaced with a new modern-style reception desk to greet seniors. The commercial kitchen received new epoxy flooring and new cabinets. The main entry doors were converted with new sensor operating auto- sliding doors. Finally, we totally remodel an old/dated set of men’s-women’s restrooms. We incorporated new porcelain tile floors, tile walls, smooth drywall ceilings, accessible lavatories with expansive countertops, urinals, toilets, new solid phenolic toilet partitions, and LED linear lighting. And arranged in a modern-contemporary composition for a fresh and appealing look. Materials and finishes in the restrooms were selected for durability, easy-maintenance, and their natural aesthetic appeal. Accessibility features that went “beyond the Building Code” included, push-pad auto- doors for easy entry, sensor activated plumbing fixtures, extra grab bars at the urinals, extra semi-ambulatory toilet stalls, and a long shelf above the lavatories to store bags & belongings. These special features were specifically designed to make going to the restroom easier for seniors. Serving 250 seniors daily and wedding & special events on the weekends, these modernized restrooms will be well used and appreciated.
Fresh and Modern Lobby
Old Reception Counter Old Restroom Old Multi-purpose Rm.
Fresh and Modern Restrooms
Fresh and Modern Multi-purpose Rm.
Cypress Senior Center Restrooms Remodel
BEFORE: Original restrooms before renovation
Client: City of Cypress, contact: Kevin Chin, Project Managers Date completed: June. 2024 Architect Team: Edward Lok Ng, Leo Arteaga, Kyle Ng Construction Cost: $500,000 Project Description: BOA, was commissioned to design and provide construction support to completely gut and totally remodel an old/dated set of men’s-women’s restroom at the Cypress Senior Center. This project incorporated new porcelain tile floors, tile walls, smooth drywall ceilings, accessible lavatories with expansive countertops, urinals, toilets, new solid phenolic toilet partitions, and LED linear lighting. And arranged in a modern- contemporary composition for a fresh and appealing look. Building materials and finishes were selected for durability, easy-maintenance, and their natural aesthetic appeal. Accessibility features that went “beyond the Building Code” included, push-pad auto- doors for easy entry, sensor activated plumbing fixtures, extra grab bars at the urinals, extra semi-ambulatory toilet stalls, and a long shelf above the lavatories to store bags & belongings.
These special features were especifically designed to make going to the restroom easier for seniors. Serving 250 seniors daily and wedding & special events on the weekends, these modernized restrooms will be well used and appreciated.
AFTER: Newly Renovated
Restrooms with New
Finishes and Fixtures.
Urinals with Grab bars for
increased accessibility
Push -pad Auto-door
for Easy Entry
PROJECT EXPERIENCE
HERITAGE PARK, City of Diamond Bar (currently in Construction Document phase of Design) Heritage Park, spanning 3 acres in the City of Diamond Bar, is undergoing a comprehensive modernization. BOA Architecture partnered with David Volz Design (DVD) to spearhead the renovation of the park grounds, and completely renovating the existing community building & add 2000sf. This collaborative effort will create an inclusive recreational space that caters to the diverse interests of the community. The revitalization plan with DVD & BOA's innovative touches, encompasses a themed play design inspired by the historic Diamond Bar ranch style that reflects the ranch style of the new shade structure. Within the park, two distinct play areas will be created, accompanied by a new basketball court, and shaded amenities. A picturesque walking path will encircle the park's perimeter, providing a scenic route for visitors. The project also includes a diverse selection of trees and an upgraded irrigation system featuring bioswales, water quality enhancements, and basins. The existing 5000sf Community Center Building (large community rm, daycare rm., admin offices) will be completely remodeled with new lighting, HVAC, flooring, ceiling-wall acoustics, warming kitchen, A 2000sf building addition will further enhance the community building with new storage, expanded kitchen, more offices, and new restrooms. New shade structures with an iconic entry tower will recall the City’s historic windmill structure. Other shade structures off the large community room and daycare room, will further enhance indoor-outdoor programing.
Client: Diamond Bar, City
Nicholas Delgado, PE
Public Works PM
21810 Copley Dr.
Diamond Bar CA
909-839-7043
NDelgado@diamond
barca.gov
Key Elements:
3 age group play
equipment.
Expansive custom shade
structures
Basketball court
Community building
Public Park restrooms
Services provided:
Schematic Plans
Design Development
Construction Documents
Construction Admin.
Design start: 11-2023
Construction 1- 2025
Construction cost: 10 mil
Design cost: $$500,000
BOA Architecture design
team:
Edward Lok Ng, Kyle Ng,
Leo Arteaga, Josue Soma
DVD design team:
Eric Sterling, Kevin Volz,
Luis Pedraza, Xitlali
PROJECT EXPERIENCE
DIAMOND BAR HERITAGE PARK COMMUNITY CENTER RENOVATION & ADDITION Before
Proposed, Community Room Upgrade
and new Kitchen for flexible programing
Proposed, Iconic Entry Structure to Comm Ctr
Proposed, Shaded Patio at Rear Comm Ctr.
For large parties, flexible programing
Before
Before
Proposed floor plan with new
Kitchen, larger restrooms
PROJECT EXPERIENCE
FREMONT PARK, City of Glendale (completed Construction, August 2025) Fremont Park, has a special character and being the oldest park in the city, an important historical context; it provides a wonderful greenspace and needed recreational opportunities for the residents who live just north of downtown Glendale. Through several outreach meetings, the park’s use and current needs for recreation were planned. The range of improvements planned will be enjoyed by all: new synthetic turf soccer fields, community center, play spaces, picnic grounds and ball courts. New lighting, easy access, and a full perimeter drive path will ensure better security. New parking, new maintenance facilities and a refurbished home for the model railroad club will improve this community focal point. This busy facility includes an active tennis community with regularly scheduled lessons, tournaments, and play days. An update of the facility was needed, access, lighting and new fencing, and net stations were installed. BOA Architecture, as a sub-consultant to David Volz Design (DVD Landscape Architects), designed the new community building & new
tennis pro-shop, park restrooms, maintenance bldg. The new 4000sf Community Center Building features a large
multipurpose indoor community rm. a community warming
kitchen, restrooms, and admin offices. Adjacent the
community room is an expansive shaded flexible outdoor area for multipurpose outdoor gatherings. The community bldg.. was designed to be open and flexible, able to accommodate a variety of park/recreation programs and rental events, and ability for enhanced indoor-outdoor programing.
Client: City of Glendale
Joseph Gonzalez, PM
818-550-4415
[email protected]
End Construction 8- 2025
Construction cost: 20 mil
Design cost: $1,100,000
BOA Architecture team:
Edward Lok Ng,, Leo
Arteaga, Josue Soma
DVD design team:
Eric Sterling, Gary Valdez
New play areas next to new Community Ctr.
Large shaded outdoor area next to
Community Ctr. for indoor-outdoor events.
New Community Ctr. w large indoor multipurpose Rm.
New warming kitchen in Community Ctr.
Sub-Consultant
Engineering Design Analysis, Inc.
Mech, Elect, Plumbing Engineers
Sub-Consultant
Pacific Engineering
Structural Engineers
Please note that BOA Architecture, as the prime-consultant, will be responsible for all aspects of your project, including architecture and engineering. BOA staff, Edward Lok Ng, Architect (has been employed over 40 years with BOA), will be the project manager overseeing your entire project, and have day-to-day communication with you. Leo Arteaga, CASp (ha been emplyeed 28 years with BOA), will lead the ADA compliance assessment and design, and be responsible for the Quality Control of the entire Construction Documents. Kyle Ng, Interior Designer (has been emplyeed 15 years with BOA), will design the building interior and select all the interior finishes. Our sub-consultants that are listed above are all State of California licensed professionals in their respective disciplines, and have teamed with BOA on numerous other municipal park-recreation projects for over 20-years. Our sub- consultant’s full qualifications are available upon request.
Mechanical, and Electrical Engineer: Engineering- Design-Analysis 10231 Slater Ave., Suite 203, Fountain Valley, CA 92708 Kevin Friedman, P.E. CA State License# 27267- holds a BSME from Purdue University. Mr. Friedman has over 30 years’ experience in facilities planning and design, interiors design, special building systems planning and design, laboratory design, controls, energy conservation, and computerized building modeling and simulation for commercial and public works projects. EDA has experties in mechanical, electrical, plumbing, engineering for public entities, and has worked with BOA on over 500 building renovation projects for over 20 years.
Structural Engineer: Pacific Engineering, 17703 Crenshaw Blvd. Torrance, CA 90504 17703 Crenshaw Blvd. Torrance, CA 90504; Victor Chaiprasert CA State License #C36235 - Mr. Chaiprasert is a registered structural engineer in the State of California with over 30 years of experience in steel, timber, masonry and reinforced concrete construction of all types of structures. BOA has worked with Pacific Engineering for over 20 years.
CITy OF GARDENA
BOA Architecture
Edward Lok Ng
Architect, LEED AP
Overall Project Manager for Entire
Project
BOA Architecture
Leonardo Arteaga
Quality Control, Overall Project
ADA Compliance, CASp Certified
BOA Architecture
Kyle Ng
Director of Interior Designer,
Production Manager
ORGANIzATION CHART
5. TIME TEAM MEMBERS HAVE BEEN WITH BOA
The following is an organizational chart for the proposed Design Team. Our in-house staff who will work on your project are all long-time BOA employees, and even our sub-consultants, who will work on your project, have worked with BOA for over 20 years. This familiarity will result in added teamwork and thoroughness in documentation. This translates to fewer mistakes and fewer Change Orders, resulting in Cost Savings to you, the owner.
In the following pages, we have attached
• ADA Compliance Projects
• A select list of projects completed by BOA in the last 5 years These are projects and were all performed for public agencies. Many aspects of these projects are similar to your project.
6. OTHER SIMILAR PROJECTS
PRIOR ADA COMPLIANCE EXPERIENCE
Since the 1991 enactment of the American Disabilities Act (ADA) BOA has been at the architectural forefront in the modification of existing facilities to comply with the ADA. Totaling over 500, BOA has arguably designed more architectural projects for the sole purpose of ADA Compliance, than ANY other architectural firm in Southern California. This is BOA's competitive advantage. BOA has been under contract to retrofit Government owned facilities for ADA Compliance for the following governmental agencies:
San Bernardino County (35 projects)
State of California, Dept. of Motor Vehicle (7
design & construction projects and ADA
transition plan for 32 facilities)
State of California, Dept. of Mental Health
(24 facilities and 600,000 S.F.)
City of Long Beach (80 projects)
State of California, RESD, PSB, Various
State Facilities (4 projects)
State of Calif, Dept. Fish&Game (8 projects)
City of Costa Mesa (3 projects)
City of La Puente (5 projects)
City of Hawthorne (20 projects)
City of Irvine (10 projects)
City of Placentia (12 projects)
U.S. Postal Service (20 projects for the Los
Angeles Region)
City of Montebello (5 projects)
City of Tustin (2 projects)
City of Rosemead (2 projects)
City of Los Angeles (2 projects)
City of Redondo Beach (1 project)
City of Lomita (1 project)
City of Santa Maria (56 facilities)
City of Sierra Madre (2 projects)
City of Huntington Beach (7 project)
City of Alhambra (1 project)
City of Redlands (4 facilities)
City of El Segundo (1 project)
Cerritos College (35 facilities)
East L.A. College (40 facilities)
Along with architectural design, BOA has also provided Access Compliance Plan Review services for the Cities of Placentia and Pasadena, and the Los Angeles Basin Regional Office of the Division of the State Architect. Our role is to ensure that construction drawings and specifications comply with accessibility standards based on the 2001 California Building Code, the Americans with Disabilities Act Accessibility Guidelines, and DSA's Accessibility Plan Review Guidelines. Access Compliance Plan Review is a requirement for new and renovated state owned and state leased facilities so that accessibility and usability of these buildings comply with the intent of the California Government Code Section 4450, the California Health and Safety Code Section 19955, the California Civil Code Section 51, and Section 35.130(b)(4) of Title II of the Americans with Disabilities Act.
We have reviewed a wide range of facilities under jurisdiction of DSA's Los Angeles Basin Regional Office, including single and multi-story school facilities encompassing grades K thru 12 (elementary, middle, and high schools); college and university projects; libraries; administrative offices; auditoriums; dining and kitchen facilities; gymnasiums; laboratories; and related site improvements.
BOA's plan review service provides timely, accurate plan reviews and back reviews coordinated with DSA's project submittal processes. A BOA accessibility plan review includes accurate code interpretation, review of construction plans and specifications, identification of areas of nonconformance, and follow-up consultation with project designers prior to back review. For the City of Placentia, we did ADA Compliance plan review of city R.O.W. sidewalks and curb ramps at over 100 street intersections. For the City of Pasadena, we provide and ADA Compliance consultation to city staff and did ADA Compliance plan review for several individual projects.
PROVEN APPROACH
BOA has an establish and proven approach to ADA Compliance. We have developed ADA checklists to quickly identify barriers to the Disabled. We have in-house staff with an over-abundance of ADA Compliance project experience. We have very accurate ADA Compliance cost estimating. BOA also has an in-house Quality Control program to ensure project thoroughness.
ADA COMPLIANCE CHECKLIST
Through more than 20 years of application, BOA has developed and refined their own ADA Compliance Checklist derived from State Code Title-24 and federal ADA Guidelines, used on all projects for public agencies. Our ADA Compliance Checklist provides a comprehensive and efficient method for analyzing existing facilities, site work, and special conditions. Specific areas of concern are ramps, stair, elevators accessible site amenities, corridor and door widths, proximity of reserved “accessible” parking to entrances, heights of counters, plumbing fixtures, types of door hardware, and signage. The ADA Compliance Checklist organizes field survey information and becomes an integral part of the ADA Transition Plan and design program from which to formulate design options.
Besides checklist/building code items, BOA will also be evaluating situations where architectural changes in existing buildings may not be feasible or desirable. In that case, some other reasonable accommodations need to be made. For example, at a library, one would probably not be required to lower all library book shelves to accommodate disabled patrons. One should, however, have a policy whereby an able-bodied staff could assist a disabled patron in accessing otherwise unreachable books.
Another example, at an existing facility, a new hi-low accessible drinking fountain will probably not be required if an existing accessible drinking fountain or a bottle/cup filler was located, relatively close by.
In this case, a directional sign will be all that will be required.
IN-HOUSE EXPERTISE
The assigned personnel, staff that will work directly on your projects, are well qualified. Particularly, Edward Lok Ng, Principal, has been the Project Manager and Designer for most of the municipal civic center, parks and recreation projects listed and for all of our recent bath house projects. His extensive municipal and community center experience has led to his appointments to the City of Long Beach Disabled Appeals Board and the City of Downey Design Review Board which reviews numerous commercial and Public Works design projects. He has personally designed more than 300 public works facilities projects for the sole purpose of ADA Compliance. His knowledge of repair/modernization type constructions cost and the federal ADA guidelines will aid in the development of accurate assessment reports. In addition, the entire staff that designed and administered the construction of more than 500 recent Governmental facilities projects for ADA compliance are still employed by BOA.
ACCURATE COST ESTIMATE
Our public works construction cost database gleaned from our recent municipal ADA compliance projects have been very accurate and up-to-date. We have "line item" cost for just about all ADA Compliance components, e.g., elevator, stairs, restrooms, flooring, roofing, lineal feet of handrail, ramps, disable access parking, door and door hardware, public counters, security systems, book shelves, plumbing fixtures, etc. We also have a close relationship with many local area general contractors who have extensive Public Works modernization/repair experience. As a result, our in- house construction costs estimate for Public Works projects, when compared to actual contractor bid price have been 93% accurately.
LOS ANGELES COMMUNITY COLLEGE DISTRICT (ELAC)
East Los Angeles College Campus-wide - Accessibility Improvement Projects (Completed Construction 2020):
Owner: Los Angeles Community College District, Project Location: Monterey Park, CA Owner Representative: Eugene Santos, Cell: 714-869-8132 e-mail: [email protected]
Architect of Record: Edward Lok Ng Construction Cost: $4 Million Date of Completion: June 2017 In 2010, BOA was contracted to Design on-site accessibility improvements based on BOA’s ADA Transition Plan report. The project was comprised of four components. The Accessibility Master Plan consisted of ELAC’s Phasing and Implementation Plan for Camp us Accessibility, including priorities, schedules, and scopes of work to implement barrier removals identified in the ELAC ADA T ransition Plan. Exterior Wayfinding Signage throughout the campus, on-site exterior accessibility ADA improvements, visual observat ions from site visits, information obtained from Campus and District representatives, and a review of existing construction drawings of the site.
BOA provided software development and support for the ELAC ADA Database. Subsequently, BOA provided accessibility master planning services in support of ELAC’s Phasing and Implementation Plan for Campus Accessibility, including priorities, schedu les, and scopes of work to implement barrier removals. For the Campus Wayfinding Signage worked with a subconsultant who served as the prime design consultant for this project and who retained the required services of wayfinding signage. BOA was responsible fo r project administration and ADA/CBC code analysis services. In the Exterior ADA improvements BOA collaborated with LACCD to prioritize barrier removals and define the project scope which addressed potential safety hazards and severe barriers. BOA coordinated these efforts with civil, structural, electrical, and landscape engineering work for the path -of-travel improvements to accessible onsite parking and to off-site public transportation stops. A key feature of this project has been early pre -design dialogue with DSA – LA to confirm submittal requirements, clarify specific code requirement, and obtai n DSA’s estimated schedule for initial review and back-check. Face-to-face dialogue with DSA has helped BOA and LACCD develop campus -specific projects with separate DSA A#s. This approach addresses the client’s aim to facilitate early closeout and certific ation as work progresses while leveraging economies of scale. Currently this project has DSA approval and now to bid results. The Scope of Work included; exterior ram ps, pedestrian bridge, accessible parking, path-of-travel, re-paving roadways, new concrete walkways, ADA signage, new exterior lighting and photometric study, repair of walkways and roadways, and coordination with other on -going campus project.
New accessible pedestrian bridge. Completed
Sept. 2017
Proposal Pedestrian right-of-way separation from vehicular access and controlled accessible access in stadium
New ADA Parking
Construction to correct non-compliant
ramp
Construction of walkways
New accessible walkways
Construction for new accessible ramp
New ramps
BOA Architecture
New access lift and accessible stair retrofit New drinking fountain New accessible restroom Heritage Park Community Center Harvard Park Community CTR Client: City of Irvine, Public Works Dept.
Architect Team: Edward Lok Ng, Leo Arteaga Construction Completed: 2017; Construction Cost: $400,000 Project Description: BOA designed ADA Compliance
improvements and interior renovations for
modernization and accessibility to 4 community
centers at; Fine Arts Center, Heritage Park Community
Center, Harvard Park Community Center, and
Deerfield Park Community Center. Every effort was
made to isolate construction areas and to minimize
construction cost, and to be architecturally compatible with the existing architecture at each separate
community center. In all locations, the renovations
enhanced the function and aesthetic value of each
Community Center.
The project scope of work at these 4 community
centers included renovation work to create entirely new accessible restrooms, new indoor ramps and stair
handrails, access lift, signage, new doors and door
hardware drinking fountains. Site elements included
concrete accessible ramps, stair handrails drinking
fountains. The greatest challenge for this project was in the construction support phase. Because this was a “smaller” construction project, a “smaller” contractor without much experience on public works projects was the low bidder and awarded the project. Though not covered in our design fee, BOA made numerous site visits to each Community Centers to identify installation deficiencies and provide an on-site sketch design solution to expedite the construction process. We provided constant construction coordination to assist the contractor and his sub-contractor on this difficult and “messy” remodel project.
new ramp to lower level seating new outdoor ramp new accessible restroom
AT FINE ARTS CENTER
New accessible restroom
Harvard Community Center
CITY OF IRVINE ADA COMPLIANCE AT 4 COMMUNITY CENTERS
BOA Architecture Relevant Experience
CITY OF LONG BEACH
As-Needed Citywide ADA Compliance & Other Facilities
For the 80 projects BOA managed and designed, none were ever delivered late. All were “on time” and “on budget”. The accuracy of our construction cost estimates for each project was 96% comparing Final estimate vs. Actual Bid. BOA successfully managed and designed as many as 9 facilities projects concurrently. This As- Needed contract has been renewed every year since 1995 . Since 1995 to 2016, BOA has had an As-Needed contract with the City of Long Beach, Public Works Dept. to design ADA Compliance architectural improvement projects and other A/E renovation projects and new facilities projects. BOA has completed over 60 ADA compliance projects to date (totaling over 1,000,000 GSF of building area) as part of the City’s implementation of its ADA Transition Plan and a $40 million CDBG grant dedicated specifically for ADA Compliance projects. BOA was responsible for ADA Transition Plan validation, field surveys, cost estimates, architecture design for ADA Compliance corrective actions, specifications, construction documents, and construction administration. BOA often managed multiple projects, as many as 12 ADA projects concurrently. In addition to ADA compliance, BOA also designed new and renovation projects; fire station, and many parks/ recreation/ marine facilities projects in the $100,000 to $6,000,000 range. Select projects completed are listed below, followed by their construction cost:
El Dorado Park West Community Centers - $800,000
Fire Station #11 Renovation - $300,000
Mothers Beach Restroom/ Concession - $700,000
Fire Station #11 Renovation - $300,000
MacArthur Park and Community Center - $500,000
New Leeway Sailing Center and Docks - $5,000,000
Main Library and City Hall - $1,500,000
Long Beach Sports Arena, - $1,000,000
Terrace Theater and Convention Center - $1,500,000
Long Beach Senior Center - $400,000
El Dorado Park Nature Center - $350,000
Long Beach, 8 new Beach Restrooms - $4,500,000
Belmont Plaza Pool & Community Center - $400,000
Elevator – Citywide Retrofit - $300,000
El Dorado Regional Park-West - $700,000
Blair Field, 3000 seat baseball stadium - $400,000
Whaley Park and Community Center - $500,000
North Health Center- $200, 000
Client Contacts:
Marilyn Surakus, Project Manager
City of Long Beach
333 West Ocean Blvd.
Long Beach, CA 90802 (562) 570-5793
[email protected]
Long Beach City Hall &Main Library Renovation
Blair Field Baseball Stadium, ADA Compliance
El Dorado Park Improvements, Long Beach, CA
BEFORE AFTER
Terrace Theater & Convention Center ADA Upgrade
BEFORE AFTER
2018 Queensway Beach Restrooms, Long Beach, CA
BOA Architecture Relevant Experience
NAPA STATE HOSPITAL SITE PLAN
Project: Napa State Hospital, ADA Compliance Projects, Napa Valley, Northern California Client: State of California, Dept. Of General Services, RESP, PMB Contact: Don Hansen, Project Manager Construction Cost: $8,000,000 ADA Compliance 24 facilities Architect Team: Glenn Dea, and Edward Lok Ng Project Description: Napa State Hospital is a large 150 acre facility for the mentally disabled and the criminally insane. BOA was commissioned for the specific purpose of updating the hospital’s obsolete ADA Transition Plan and then providing architectural design mitigation to retrofit approximately 24 large hospital buildings totaling 800,000 s.f. and 150 acres of sitework to comply with Federal ADA Guidelines. A sampling of the list of facilities included, Administration, Security Control Station, Nursing Administration, Rehabilitation/Therapies, Main Kitchen, Receiving & Treatment, Patient Housing Wards, Nurse/Faculty House, etc. Scope of work for Phase I, included working with various user groups, facilities audit, “line item” construction cost estimate, accessibility design mitigation & recommendations, validation of existing ADA Transition Plan, and finally, compile all recommendations and construction cost into a comprehensive Access Compliance Report complete with floor plan recommendation for corrective actions. Access Compliance issues included design solutions for improvement of all public/ patient restrooms, security for the mentally insane, retrofit of elevators, new access lift, handrails, stairs, new access ramps, new parking for the Disabled, ADA signage, and automatic doors. Over 30 non-ADA compliant public/patient restrooms were modified to be compliant. Most of the buildings we worked on were listed as Historic structures. BOA worked with a historic/EIR consultant to aid in forming design solutions to obtain State historic agency approval. Much consideration in design and materials selection was given to ensure on-going Hospital Operations during construction.
MANOR HOUSE, ONE OF MANY
HISTORIC STRUCTURES
Built in 1899, this Nursing Admin. Bldg. is one
of 24 facilities that was designed and
scheduled to be rehabilitated for ADA
Compliance. An access lift has been installed
to gain access to this facility. The lift was
located at the rear so that the historic frontage
would not be disturbed.
BOA Architecture Relevant Experience
BACKS COMMUNITY CENTER, ADA Compliance
Client: City of Placentia Contact: Luis Estevez, Director of Public Works Construction Completed: Oct. 2017 Architect Team: Edward Lok Ng, Leo Arteaga Construction Cost: $300,000 CDBG funds Project Description: BOA was responsible for ADA compliance to this 8,000 sq f.t. community center/senior center. Work included, accessible ramp, accessible parking, new walkways and sidewalk repair, stairs retrofit, new guardrails/handrails, restroom totally renovated, door and door hardware, and new drinking fountains. BOA creatively deleted the non-accessible front entry ramp to form an ADA compliant sloping entry ramp.
The restrooms were very tight to begin with. BOA was able to make the restrooms ADA compliant without deleting any
plumbing fixtures, as all the fixtures were needed for special events.
ADA retrofit of stairs and new ramp at the right side
BEFORE, non-ADA compliant sloping ramp
AFTER, new ADA compliant entry ramp
BEFORE, non-ADA compliant restrooms
AFTER, totally new ADA compliant restrooms
Project Owner:
City of Placentia, Public Works Dept.
Luis Estevez, Public Works Director
& Masoud Sepahi
Tel: (714) 993-8120 Email: [email protected]
Sept. 2015 to present
Architect Team:
Edward Lok Ng, Architect; Leo Arteaga, CASp
ADA Compliance Plan Review services for the City of
Placentia, Public Works Dept. Our role is to provide plan review services to ensure that construction drawings
comply with accessibility standards based on the
California Building Code, and the Americans with
Disabilities Act Accessibility Guidelines. The City has made ADA Compliance Plan Review a requirement for
new and renovated in the City Right-of-Way and City
owned parking lots. We have reviewed a wide range of
facilities under the City’s building permit process,
including housing tract development with ROW
improvements, industrial developments with ROW
improvements, City streets/sidewalk curb ramps
improvements, and related site improvements.
BOA's plan review service provides timely, accurate plan reviews and back reviews coordinated with the Public
Works Dept. A BOA accessibility plan review includes
accurate code interpretation, review of construction plans, identification of areas of nonconformance, and follow-up consultation with project designers prior to back review.
Additionally, we provide construction support, for
example; assist the builder to verify curb ramp slopes
before and during the pouring of concrete. We also
provide reports to validate/certify what was built was in conformance to the to the ADA Guidelines.
On-Call ADA Compliance Plan Review Services- City of Placentia 1511 Cota Avenue
Long Beach, CA 90813
Telephone: 562-912-7900
www.boaarchitecture.com
New ADA Compliance improvements at the Civic Center entry reception counter, public restroms, interior ramp with new handrails New ADA signage, stair nosing and handrails New ADA, stair nosing and handrails New ADA, stair nosing and handrails at parking structure New ADA Compliant ramps, handrails, and ADA signage throughout the City of Redlands Civic Center Redland City Hall Improvements & ADA Compliance
Client: City of Redland, CA
Construction Cost: $500,000 CDGS funds
Project Description: BOA was commissioned to design for ADA Compliance and modernization for the civic center plaza, City Hall, engineering dept. and Community Development. Work included; front door entries, public counter retrofit, restroom retrofit, door hardware replacement, new walkways, new ramps, ramp retrofit, stairs retrofit, sitework/parking lot/landscape improvements, new handrails, and signage for better “way- finding.” New ADA Compliant disable access parking & signage PUBLIC ENTITY PROJECTS COST EST. IN
DESIGN
COMPLETED
DESIGN
IN
CONST.
CONST.
COMPLETED
City of Diamond Bar
Heritage Park Reno & Comm Ctr Reno $10 Million X
City of Gardena
Mas Fukai Park & New Teen Ctr $8 Million X
Fire Station 158 Renovation $1 Million X X
City of Glendale
Fremont Park New Comm Ctr ,
Restrooms, Maint Bldg.
$5 Million X X
Central Park new Public Restroom &
Amphitheater
$12 Million X X
City of South Gate
Hollydale Park new Comm Ctr & Public
Restrooms
$1.5 Million X X
City Hall & Auditorium Roof Repair &
Replacement
$1.2 Million X
San Bernardino County
Lawler Lodge, 2 New Cabins in Idyllwile $3 Million X X
Kessler Park Renovation and Snack Bar &
Restroom Bldg
$1.5 Million X X
City of Pasadena
Villa Park Comm. Ctr. Renovation $2 Million X X
City of Buana Park
Peak Park Pool Bldg Renovation
Feasibility Study
$5 Million X
City of Newport Beach
Renovation 7 Beach Restrooms $4 Million X X X
LA County ISD
Eastside Boxing Gym Renovation $2 Million X X
Alondra Gym Remodel $1 Million X X
Saybrook Recreation Ctr Remodel $1 Million X X X
Whittier Narrows Visitors Ctr Remodel $1 Million X X X
Roy Campanella Rec Ctr Remodel $1 Million X X X
Sorensen Rec Ctr. Remodel $1 Million X X X
City of San Bernardino
Seccombe Lake Park Historic Gazebo
Repair
$700,000 X X
San Bernardino County
Lake Cahuilla Park Restroom
Modernization
$2.5 Million X X
PARKS & RECREATION
The following is a select list of projects that BOA has completed or currently in the design or construction phase within the last 5 years. Notice that over 90% of our recently work is for public entities, and the work that perform is very similar to your proposed Renovation project. Our current workload is moderate and we are available to take on your project immediately.
LIST OF PUBLIC CONTRACTS SINCE 2020
PUBLIC ENTITY PROJECTS COST EST. IN
DESIGN
COMPLETED
DESIGN
IN
CONST.
CONST.
COMPLETED
City of Palmdale
EOC Remodel $3 Million X
City of Irvine
City Hall Police Dept. 3rd floor Tenant
Improvement
$1 Million X
Police Dept. Public Counter and Lobby
Renovation
$500,000 X X
City Council Chambers renovation & AV
Tech
$2 Million X X
City of Rialto
Comm Development Offices Renovation $1.5 Million X
Birdsall Park New Snack Bar and
Restroom Pre-Fab Bldg
$1.5 Million X
City of San Bernardeno
Nicholson Park Comm Ctr and Public
Restroom Renovation
$2 Million X X
City of Carson
City Hall Facade Improvement and Interior
Renovation
$2 Million X X X
City of Santa Ana
Back of Council Chambers Translation
Room and Restroom Remodel
$1 Million X X
City of Costa Mesa
City Council Chambers renovation & AV
Tech
$1.5 Million X X
City of Lakewood
City Council Chambers remodel and AV
replacement
$3 Million X
CITy HALL
PUBLIC ENTITY PROJECTS CONSTRUCTION
COST EST.
IN
DESIGN
COMPLETED
DESIGN
IN
CONST.
CONSTRUCTION
COMPLETED
City of Pasadena
Fire Station 33 Remodel $900,000 X X
Fire Station 38 Remodel $1 Million X X
Fire Station 33 Storage Bldg New $400,000 X X
Orange County Fire Authority
FS 41 Air Operations Addition $3 Million X
Fire Station 73 Remodel $800,000 X
Fire Station 12 Remodel $400,000 X
Fire Station 73 Remodel $900,000 X X
City of LaQuinta FS 70 Remodel $700,000 X X
City of Montebello FS 56 Remodel $600,000 X X
City of Costa Mesa FS 3 Remodel $1 Million X X
City of West Covina FS3 Remodel $1.5 Million X
City of Rialto FS 203 Remodel $400,000 X X
City of Rialto FS 204 Remodel $400,000 X X
City of Anahiem FS4 Remodel $3 Million X X
City of Banning FS 89 Remodel $1 Million X
City of Gardena FS 158 Remodel $700,000 X X
FIRE STATIONS
7. REFERENCES
City of Cypress (2018-Current)
5275 Orange Avenue
Cypress, CA 90630
City Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
City of Carson
701 Carson St b24
Carson, CA 90745
Bernie Iniguez
(recently moved to City of Bell Gardens)
(re: Thompson Park Community Ctr. and Aquatic
Ctr. Renovation)
[email protected]
(562) 806-7792
Gilbert M. Marquez, P.E.
(re: City Hall and Mills Park renovation projects)
[email protected]
(310) 952-1700 ext. 1813
Nick Mangkarakiri
(re. Senior Ctr. and Community Center renovation)
[email protected]
(714) 229-6729
City of Newport Beach
100 Civic Center Dr
Newport Beach, CA 92660
Tom Sandefur, P.E.
(re: Cliff Dr. Clubhouse Teen Ctr. and 8 beach
restrooms)
(949) 644-3321
[email protected]
City of Gardena
1917 W. 162nd St.
Gardena CA 90247
Kevin Kwak, P.E. assist Public Works Director
(re: Mas Fukai Parks renovation & new Community
Center)
(310) 217-9643
[email protected]
8. FEE PROPOSAL
Our fee spreadsheet showing work hours for each task and the cost of each task is attached in a separate envelope and a separate file. Our list of standard hourly rates is attached.
City of Gardena
Gardena City Council
Meeting
AGENDA REPORT
SUMMARY
Agenda Item No. 17B.
Section: DEPARTMENTAL
ITEMS - PUBLIC WORKS
Meeting Date: December 9,
2025
TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE: Reject bid for the Gardena Decorative String Lights Project JN 506 and Rebid the Project with Modified Requirement as Needed
COUNCIL ACTION REQUIRED:
Reject Bid and Rebid.
RECOMMENDATION AND STAFF SUMMARY:
In March 2025, the City Council approved the Gardena Decorative Street Lighting Phase by Southern California Edison (SCE) along Gardena Boulevard, from Vermont Avenue to Western Avenue, and on 162nd Street, from Denker Avenue to Western Avenue. The contract with SCE has subsequently been completed, and the material order has been processed by Edison. The City Council also directed staff to include decorative string lighting and poles along the Downtown section of Gardena Boulevard.
Following Council direction, staff has prepared specifications to install approximately 1,300 linear feet of decorative string lights and 15 poles with foundations and anchor bolts along Gardena Boulevard, from Vermont Avenue to Budlong Avenue. The string lights are proposed to be installed in a zigzag pattern to enhance the lighting effect, similar to the design used in the City of Los Angeles east of Vermont Avenue. The decorative lights will be energy-efficient LEDs to minimize power consumption.
The proposed string lighting is designed to withstand all weather conditions year-round. These decorative elements will be durable, require minimal maintenance, and are intended for permanent outdoor installation. Fabrication will include poles and hardware specifically engineered for the string lights along Gardena Boulevard, enhancing the overall ambiance and creating an inviting environment for pedestrians and shoppers.
Four informal bids for the project were solicited in accordance with the California Uniform Construction Cost Accounting (CUCCA) procedures and City Resolution 6059, which allow projects costing up to $200,000 to be awarded using a pre-qualified contractors list. However, only one bid was received, and it exceeds the $200,000 threshold limit.
The following one bid was received on November 26, 2025:
Organization Bid Amount
Waisman Construction, Inc.$355,000.00
Staff respectfully recommend that City Council reject the bid and authorize staff to advertise the Gardena Decorative String Lights Project, JN 506, for open-market rebidding with modified requirements as needed.
FISCAL IMPACT/COST:
None
APPROVED:
___________________________
Clint Osorio, City Manager
Attachments
JN 506 Gardena Deco String Lighting_RFP 9.16.2025 - Copy-merged (1).pdf WCI - JN 506 Gardena Deco String Lighting_RFP 9.16.2025.pdf 1 CITY OF GARDENA
PUBLIC WORKS ENGINEERING
NOTICE OF INVITING INFORMAL BIDS/QUOTES
FOR
GARDENA DECORATIVE STREET LIGHTING PROJECT (JN 506)
STRING LIGHTING ON GARDENA BLVD
FROM VERMONT AVE TO BUDLONG AVE
OCTOBER 2025
Memoranda:
Contract in accordance with California Uniform Construction Cost Accounting Commission (CUCCAC) and City Purchasing Policy APP.
2 NOTICE OF INVITING INFORMAL BIDS/QUOTES
CITY OF GARDENA, CALIFORNIA
Notice is hereby given that the City of Garena will receive bids/quotes via email at the office of the Public Works Department – Public Works Engineering, 1717 W. 162nd Street, Gardena, CA or [email protected] (Attn: Amir Modarressi), until 2 p.m., Wednesday, November 26 , 2025 for:
PROJECT: GARDENA DECORATIVE STREET LIGHTING PROJECT (JN 506) –
STRING LIGHTING ON GARDENA BLVD FROM VERMONT AVE TO BUDLONG AVE
Any bid received after the hour stated above for any reason whatsoever will be considered non-responsive and disqualified. The City reserves the right to withdraw or cancel this Notice Inviting Informal Bids/Quotes at any time without prior and the City makes no representation that any contract will be awarded to any contractor responding to the notice.
The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be based on the negotiated contract accordance with the California Uniform Construction Cost Accounting Commission (CUCCAC) and City Purchasing Policy APP.
GENERAL NOTES:
The proposed decorative string lighting must be designed to withstand all weather conditions, summer, and winter alike. These decorative elements should be robust enough to last with relatively limited maintenance while being permanently installed outside. Fabricate to manufacture lighting attachments for string lights including poles and hardware to be installed along Gardena Boulevard in the area, improve the general mood, and create an inviting space for pedestrians and shoppers. in a zigzag type of pattern at the places and height of starting at 20’ at the light pole (20 ’high Pole) with sag of not more than 3% The proposed 15 poles shall be about 93’ apart. The city will provide three power sources at the point of connection as specified by the contractor.
Material Specifications:
20 Foot Round Tapered Steel Pole With 6 Inch Base Diameter Anchor Base High Wind Zone Rated:
• Heavy Duty Steel Construction 4” round pole
• Size: 11Guage Heavy Duty Steel 20 Poles.
• Extra Strength Welds
• 120 MPH Wind Rating
• Warranty 5 Years for the poles
• Pole Finish: Hot Dip Galvanized and Powder Coated
• All framing is constructed of Aluminum or steel.
• Mounting Brackets and Mounting Ears made from Steel.
• All materials manufactured for outdoor UV-resistant material.
3 Guarantee and Warranty:
1. By submitting a bid, the proposer certifies that he/she is fully aware of the conditions of service and purpose for which the items and services included in this Bid/Proposal are to be purchased.
A bid submittal shall further serve as a guarantee that the proposer’s qualifications and services will meet these conditions to the complete satisfaction of the City of Gardena.
2. The proposer attests that all commodities delivered and install under this Contract shall be new, original, brand name items that have never been refurbished, repaired, or remanufactured.
3. All products delivered under this Contract will have a manufacturer’s warranty covering defects in materials and workmanship for a minimum of one (1) year.
4. The successful proposer shall replace all defective materials immediately upon notification except when it is clearly shown that the defects were caused by misuse and not by faulty manufacture.
SCOPE OF WORK:
The proposer will be responsible for the following tasks:
1. Design and Planning:
• Collaborate with the City of Gardena Public Works Department to create a lighting and decoration plan for designated areas (Gardena Blvd. between Vermont Ave and Budlong Ave), including string lighting (LED) and hardware elements. • Provide creative ideas for unique displays, location of poles. • Consider energy -efficient options, safety requirements, and the local aesthetic when designing the string lighting.
• The proposed decorative string lights shall include but not limited to 15 light poles and required hardware, brackets ,1/16 “stainless steel supporting cable and other apparatus with 24” sockets spacing and LED bulbs warm white that are required to make the whole element of decorative lights improvements safe, functional and achieve the intended purpose of the improvements. The entire length of the proposed decorative string lighting shall be 1,300’ on Gardena Blvd. From Vermont Avenue to Budlong Avenue.
2. Installation:
• Supply and install all necessary lighting and decorations at locations and style as approved by the city.
• Install foundation and Anchored Bols in accordance with LA County Standard as enclosed as Attachment I.
• Ensure all electrical systems are safe and functional and that lighting is properly secured to withstand weather conditions (e.g., wind, snow).
• Install any required infrastructure (e.g., wiring, supports). Power sources will be provided by the City of Gardena.
• Point of Connection (POC) for the power source will be provided by the City at the designated locations, (two POC shall be at Gardena Blvd. and Berendo Ave Intersection and one on Gardena Blvd. and the Alley at Giuliano’s).
4 3. Maintenance and Monitoring:
• Provide regular inspections and maintenance throughout the sixty days after completion of installation and acceptance by the city.
• Ensure all lights are lit daily from (dusk) 4:30 p.m. to 1:00 a.m. or as directed by City.
Timer of photocell preferred.
• Provide emergency responses for any issues or failures that may occur during the maintenance period.
4. Sustainability and Safety:
• Utilize energy-efficient lighting options (e.g., LED) to minimize power consumption. • Ensure all installation and lighting materials are compliant with local safety regulations and electrical codes.
GENERAL TERMS & CONDITIONS
The time of completion of the contract shall be 35 working days as defined in the Standard Specifications for Public Works, latest Edition. Liquidated Damages shall be $100 per consecutive calendar day.
Each bidder must submit a proposal to the City in accordance with these provisions.
The successful bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the contract price, and a payment bond in the amount of 100 percent of the contract price, both in a form satisfactory to the City Attorney. The payment bond requirement shall be waived if the work is to be 100% self-performed.
The general/prime contractor shall at the time of the bidding possess the required valid State of California Contractors License. Licenses Class C-8 and/or Class C-10 and /or Class-A General Engineering Contractor.
Bidders are advised that this Project is a public work for purposes of the California Labor Code, which requires payment of prevailing wages. Accordingly, the bidder awarded the Contract and all subcontractors shall be required to pay not less than the prevailing rate of per diem wages, as determined by the Director of the California Department of Industrial Relations, and otherwise comply with the provisions of Section 1770 et seq. of the California Labor Code, California Code of Regulations, Title 8, Section 16000 et seq., and any other applicable laws, rules and regulations adopted with respect thereto (“California Prevailing Wage Laws”).
Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any Subcontractor under it. Contractor and any Subcontractor under it shall comply with the requirements of said sections in the employment of apprentices.
The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to 5 the Labor Commissioner (aka Division of Labor Standards Enforcement) in a format prescribed by the Labor Commissioner no less than monthly.
As of January 1, 2016 , the requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing. The city may require a copy of the electronic certified payroll records submitted to the DIR at any time.
Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors from furnishing electronic certified payroll records to the Labor Commissioner on a project that is under the jurisdiction of one of the four legacy DIR -approved labor compliance programs (Caltrans, City of Los Angeles, Los Angeles Unified School District, and County of Sacramento) or that is covered by a qualifying project labor agreement.
These requirements will apply to all public works projects that are subject to the prevailing wage requirements of the Labor Code without regard to funding sources.
The State General Prevailing Wage Determination is established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm).
Skilled and Trained Workforce: This project is subject to Skilled and Trained Workforce Requirements per Sections 2600 through 2603 of the Public Contract Code.
Award of Contract: The following are conditions to the award of the contract:
I. Each contractor and subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Professions Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5 provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract was awarded): and
II. No contractor or subcontractor may be awarded this contract unless the contractor and each subcontractor listed on the bid is registered with the Department of Industrial Relations pursuant to Section 17265.5.
Any questions regarding this bid package may be referred to Amir Modarressi, Public Works Engineering Division at (310) 217-9631 or [email protected].
ATTACHMENTS:
1. Appendix “A” Contract
2. Pole Foundation Standard, LA county Standard Drawing, attachment I
3. Areial Map – Approximate proposed pole locations
6 APPENDICES
APPENDIX “A”: Public Works Small Contract &
Bid/Proposal Submittal Documents
7 APPENDIX “A”
PUBLIC WORKS CONTRACT &
BID/PROPOSAL DOCUMENTS
PROJECT NO. JN 506
GARDENA DECORATIVE STREET LIGHTING PROJECT
STRING LIGHTING ON GARDENA BLVD
FROM VERMONT AVE TO BUDLONG AVE
Contractors/vendors submitting the bid or proposal shall complete all forms indicated in the bid package as required, as noted in the upper left corner (i.e., “To be submitted with bid/quote”).
8 (To be executed after award)
CONTRACT
PROJECT NO. (JN 506)
THIS CONTRACT is made and entered by and between THE CITY OF GARDENA, a municipal corporation (“City”) and
(hereinafter "Contractor"). It is agreed by and between the parties that:
1. WORK
1.1 Contractor agrees to perform the following work for the City of Gardena as shown on the attached Notice of Inviting Informal Bids and submitted bid for:
PROJECT: GARDENA DECORATIVE STREET LIGHTING PROJECT,
STRING LIGHTING ON GARDENA BLVD
FROM VERMONT AVE TO BUDLONG AVE
1.2 Should City, at any time during the progress of the Work, request any alterations, deviations, additions or omissions, it shall be at liberty to do so, and the same shall in no way affect or make void the Contract, but will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation.
1.3 The Standard Specifications for Public Works Construction (“Greenbook”) shall be the Standard Specifications of the City. Unless otherwise indicated, the latest edition, including supplements, of the Greenbook shall apply.
2. SCHEDULE
2.1 Contractor shall commence and diligently pursue the Project to completion in Thirty-Five (35) working days, except as such time may be extended in writing by City.
2.2 If the Work called for under the Contract is not completed before the date specified, damage will be sustained by City, and it will be impracticable to determine the actual damage which City will sustain in the event of such delay. Therefore, it is agreed that Contractor shall pay to City $100 per day for each and every working days delay beyond the completion date. In the case the damages are not paid, Contractor agrees that City may deduct the amount from any money due or that may become due Contractor under the Contract. Compliance with the Greenbook is not required for liquidated damages to be assessed.
9 3. CONTRACT PRICE
3.1 City shall pay to Contractor as full consideration for the performance of the Work, the total sum of and 00/00 dollars ($ ).
4. PAYMENTS
4.1 If Contractor desires a progress payment, he shall invoice City for the amount of work satisfactorily completed and inspected as of the closure date. The invoice shall be delivered to the City Engineer. All requests for payment shall be accompanied by th e appropriate conditional waiver and releases in the form set forth in Civil Code section 3262. A five percent (5%) retention shall be retained on all payments. In the event of any claims, amounts determined by the City Engineer to be adequate to cover such claims shall be withheld from the retention payment until resolution of the claims.
4.2 Payment requests that are determined to be improper shall be returned to Contractor with written explanation within 7 days after receipt. The number of days available to make payment without incurring interest shall be reduced by the number of days by which City exceeds the 7-day return requirement.
4.3 Within 60 days of the date of completion and acceptance of the Work, City will pay to Contractor the amount remaining after appropriate modifications are made for change orders, liquidated damages, or any other of the provisions of which, by the terms hereof, City is or may be authorized or required to reserve or retain funds.
Any moneys withheld beyond the allowable amount or prescribed time will accrue interest at a rate of two percent per month until such time that said moneys are released to Contractor, at which time withheld moneys and accrued interest shall be dispensed. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.
4.4 In the event there is any claim specifically excluded by Contractor from the operation of any release, there shall be retained by City an amount not to exceed the amount of the disputed claim. In the event of a dispute after completion of the Project, City may withhold an amount not to exceed 150 percent of the disputed amount.
4.5 No claim shall be made or be filed and neither City, nor any of its elected or appointed officers, employees, agents, or volunteers shall be liable, or held to pay any money, except as specifically provided in the Contract. The acceptance by Contractor of the final payment when no securities or certificates of deposit have been deposited in escrow or with City, or his acceptance from the escrow agent or City of the securities or certificates of deposit substituted for the retention, whichever is later, shall operate as, and shall be, a release to City, and its elected 10 and appointed officers, employees, agents, and volunteers, from all claims and liability to Contractor for anything done or furnished for, or relating to, the Project or for any act or neglect of City or of any person relating to or affecting the Project, except claims previously made as provided for and in accordance with the provisions of the General Conditions and pending at the time of acceptance of final payment or of the securities or certificates of deposit, or the claim against City for the remainde r, if any there be, of the amounts kept or retained due to unpaid claims.
5. LEGAL REQUIREMENTS
State Requirements
5.1 Contractor, its agents and employees shall be bound by and shall comply with all applicable federal, state and local laws regardless of whether enumerated herein.
5.2 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Stan dards Enforcement) in a format prescribed by the Labor Commissioiner no less than monthly. The State General Prevailing Wage Determination is as established by the California Department of Industrial Relation (available at http://www.dir.ca.gov/DLSR/PWD/index.htm).
Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors from furnishing electronic certified payroll records to the labor Commissioner on a project that is under the jurisdiction of one of the four legacy DIR -approved lab or compliance programs (Caltrans, City of Los Angeles, Los Angeles Unified School District, and County of Sacramento) or that is covered by a qualifying project labor agreement.
A. AWARD OF CONTRACT: The following are conditions to the award of the contract:
i. Each contractor and subcontractor listed on the bid must be registered with the Department of Industrial Relation pursuant to Labor Code Section 1725.5 subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Profession Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5 provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded): and
ii. No contractor or subcontractor may be awarded this contract unless the contractor and each subcontractor listed on the bid is registered with the Department of Industrial Relations pursuant to Section 1725.5. 11 Similarly, failure to comply with the registration requirements of Labor Code Section 1725.5, will disqualify a bidder or proposer.
These requirements will apply to all public works projects that are subject to the prevailing wage requirements of the Labor Code without regard to funding source.
5.3 In accordance with the requirements of the California Prevailing Wage Laws, Contractor and each Subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by it in connection with the work done under the Contract. The payroll records shall be certified and made available for in spection at all reasonable hours in accordance with the California Prevailing Wage Laws. Contractor shall be subject to, and fully comply with, all California Prevailing Wage Laws, including, but not limited to, those pertaining to the maintenance and inspection of certified payroll records.
5.4 Pursuant to California Labor Code section 1810 et seq., eight (8) hours labor constitutes a legal day's work. Contractor shall forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day during which such w orker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of t hese hours at a rate of at least one and one -half times the basic rate of pay. (Labor Code § 1813.) City may withhold from any monies payable on account of work performed by Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor, for unpaid wages and liquidated damages as provided for herein.
5.5 Contractor, and any subcontractor under Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the Contract. (Labor Code § 1774.) Copies of the determination of the Director of the Department of Industrial Relations of the rate of per diem wages for each craft, classification or type of worker needed to execute the Contract are on file in, and available at, the office of City. (Labor Code § 1773.2.) When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the prevailing rate per diem wages for cash craft or type of workman needed to execute any contract which may be awarded by City, may be requested by contacting the State Board of Equalization at (800) 400-7115.
5.6 Contractor shall post a copy of the prevailing rates at the work site(s), for the duration of the Work. (Labor Code § 1773.2.)
5.7 Contractor shall comply with all provisions of Labor Code section 1775. In accordance with Labor Code section 1775, Contractor shall forfeit as a penalty to 12 City not more than $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor shall also pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
5.8 Nothing in this Contract shall prevent Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract.
Contractor shall have responsibility for compliance with California Labor Code Section 1777.5 and 1777. 6 for all apprenticeable occupations. These sections require that Contractor and subcontractors shall submit contract award information to the applicable joint apprenticeship committee, shall employ apprentices in apprenticeable occupations, shall contrib ute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Board and that Contractors and subcontractors shall not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, rel igion, creed, national origin, ancestry or color. Only apprentices as defined in Labor Code Section 3077, who are in training under apprenticeship standards and who have written apprentice agreements will be employed in apprenticeable occupations.
5.9 Contractor warrants full compliance with all applicable Federal and California employment laws, including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99 -603). Contractor shall obtain from all covered employees performing serv ices hereunder, all verification and other documentation of employment eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. Contractor shall retain such documentation for all covered employees for the period prescribed by law. Contractor shall indemnify, defend, and hold harmless, City, its elected and appointed officers, employees, agents and volunteers from employer sanctions and any other liability which may be assessed against City in connection with any alleged violation of federal or state statutes or regulations pertaining.
5.10 Neither Contractor, nor any subcontractor under Contractor, shall discriminate in the employment of persons, including apprentices, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age of such person, except as provided in Sections 12940 and 12941 of the Government Code. Contractor shall have responsibility for compliance with this section. (Gov. Code §§ 12940, 12941.)
5.11 Contractor and all subcontractors shall, at Contractor and subcontractor's sole expense, obtain and maintain all necessary licenses for the Work, including but not limited to a valid business license, and give all necessary notices and pay all fees and taxes required by law.
5.12 Contractor shall be responsible f or obtaining at its own expense, all construction permits and licen ses required by the City , including for any subcontracting firm engaged in construction/installation for this Project.
13 5.13 In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body 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 good s, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. (Gov. Code § 4552; Pub. Con. Code § 7103.5.)
5.14 Subcontractors who are ineligible pursuant to Labor Code sections 1777.1 and 1777.7 are ineligible to perform work under this Contract.
5.15 This project is subject to Skilled and Trained Workforce Requirements per Sections 2600 through 2603 of the Public Contract Code.
6. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to City a wholly -independent contractor. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, servants, agents or subcontractors, except as set forth in the Contract Documents.
Contractor shall not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors, are in any manner officers, employees, agents or subcontractors of City.
7. INDEMNIFICATION
7.1 To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Gardena and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with , resulting from, or related to the work performed under the Contract, or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision.
7.2 This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
14 7.3 This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
7.4 Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
7.5 The prevailing party shall pay for reasonable attorney fees and costs incurred in relation to this indemnification provision.
7.6 Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting p ublic agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b).
7.7 This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.
7.8 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
7.9 In the event there is more than one person or entity named in the Agreement as the Contractor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
8. QUALITY ASSURANCE
8.1 All materials furnished, and all Work done under the Project shall be subject to rigid inspection. Work done in the absence of prescribed inspection may be required to be torn out and replaced and the entire cost of repair and replacement shall be borne by Contractor, irrespective of whether the work dismantled is found to be defective.
8.2 If the Work or materials, or any part thereof, shall be found defective any time before the final acceptance of the Project, Contractor shall immediately make good such defect without compensation in a manner satisfactory to the City, regardless of any previous inspection or estimation of such Work for payment.
8.3 If Contractor fails or neglects to make ordered repairs and/or replacement of 15 damaged property within ten (10) DAYS after the service of an order to do such repair and/or replacement, the City, may make the ordered repairs and/or replacement and deduct the cost thereof from the monies due Contractor.
8.4 Prior to final acceptance, Contractor shall restore all areas affected by the work to the original state of cleanliness and repair all damage done to the premises, including the grounds, by his workmen and equipment.
9. INSURANCE
9.1 Commencement of Work. Contractor shall not be authorized to commence Work under this Contract until it has obtained approved insurance. Before beginning Work hereunder, during the entire period of this Contract, for any extensions hereto, and for periods after the end of this Contract as may be indicated below, Contractor must have and maintain in place not less than the insurance coverages required in this Section at his sole cost and expense. Contractor’s insurance shall comply with all items specified by this Contract. Any subcontractors shall be subject to all of the requirements of this Section and Contractor shall be responsible for obtaining evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work.
Alternatively, Contractor’s insurance may cover all subcontractors. The insurance requirements are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this Contract.
9.2. Insurance Company Requirements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted doing business in the State of California. Insurers shall have a current Best’s rating of not less than A-: VII, unless otherwise approved by City.
9.3 Coverages, Limits and Policy Requirements. Contractor shall maintain the types of coverages indicated below:
9.4 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either one million dollars ($1,000,000) per occurrence or two million dollars ($2,000,000) aggregate.
9.5 Commercial Auto Liability Insurance - a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, ed. 12/93, including Symbol 1 (any auto) with no special limitations affecting City.
The minimum auto insurance coverage shall be one million dollars ($1,000,000) combined single limit per accident.
9.6 Worker’s Compensation and Employer’s Liability Insurance - a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars ($1,000,000) per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled 16 thirty (30) days prior written notice, return receipt requested, is mailed to City.
In accordance with the provisions of section 1860 of the California Labor Code, Contractor's attention is directed to the requirement that in accordance with the provisions of section 3700 of the California Labor Code, Contractor and every subcontractor will be required to secure the payment of compensation of his or her employees, or obtain a certificate of consent to self-insurance by the Director of Industrial Relations in accordance with the requirements of Section 3700 of the California Labor Code.
In accordance with the provisions of section 1861 of the California Labor Code, Contractor shall sign and file with the awarding body the following certification prior to performing any work on the Project:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
9.7 Policy Requirements. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:
(i) City and its appointed and elected officers, employees, agents and volunteers shall be added as additional insured to the policy as respects liabilities arising out of the performance of any work done under the Contract.
(ii) The insurer shall agree to provide City with thirty (30) days prior written notice, return receipt requested, of any cancellation, non-renewal or material change in coverage.
(iii) For any claims with respect to the Project covered by this Contract, Contractor’s insurance coverage shall be primary insurance as respects City and its elected and appointed officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City and its elected and appointed officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not contribute with it.
(iv) The policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.
9.8 Course of Construction Insurance - Contractor shall provide course of construction insurance covering for “all risks” of loss in the amount of the completed value of the Work. The City shall be named as a loss payee and the 17 insurer shall waive all rights of subrogation against the City. This policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled until thirty (30) days written notice, return receipt requested, is mailed to the City.
Course of Construction Insurance may be provided for each separate Phase.
9.9 Additional Requirements. The procuring of required insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract. City shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable insurance policies or endorsements with City incorporating such changes within sixty (60) days of receipt of such notice, Contractor shall be deemed in default hereunder.
9.10 Deductibles. Any deductible or self-insured retentions must be declared to and approved by City. Contractor shall guarantee that, at the option of the City, either: the insurer shall eliminate or reduce such deductibles or self-insured retentions with respect to City, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Contractor); or Contractor shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense expenses in the amount of any deductibles or self-insured retentions.
9.11 Verification of Compliance. Contractor shall furnish City with the required endorsements attached hereto. All documents are to be received and approved by City before Work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Contract, Contractor shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefore, or accompanied by other proof of payment satisfactory to City. Contractor shall provide full copies of any requested policies to City within three (3) days of any such request by City.
9.12 Termination for Lack of Required Coverage. If Contractor, for any reason, fails to have in place, at all times during the term of this Contract, including any extension hereto, all required insurance and coverage, City may immediately obtain such coverage at Contractor’s expense and/or terminate this Contract.
Contractor shall indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents and volunteers from any claim resulting from failure of either Contractor or any subcontractor to take out or maintain any insurance required by this Contract.
9.13 Equipment Coverage Any policy or policies of insurance Contractor or his subcontractors elect to carry as insurance against loss or damage to construction equipment and tools or other personal property shall include a provision waiving the insurer’s right of subrogation against City.
18 10. SECURITY
10.1 Contractor shall not commence the Work under this Contract until Contractor has obtained all security required under this Section and such security has been approved by City as to form, amount and carrier.
10.2 Contractor shall maintain in full force and effect during the term of this Contract a certificate regarding workers' compensation, liability insurance certificates, proof of a valid business license and any other documents required by the Contract. If this Contract is for more than $25,000.00, Contractor shall also maintain in full force and effect during the term of this Contract security guaranteeing one hundred percent (100%) of payment (labor and materials) and separate security guaranteeing one hundred percent (100%) of performance. If bonds are the chosen form of security, they shall be submitted on the forms which are part of the Contract Documents; no substitutions shall be accepted. The performance bond shall remain in effect for all deliverables for one full year from the date of acceptance of the Work to insure that defects which appear within said period will be repaired, replaced, or corrected by the Contractor at his own cost and expense to the satisfaction of the City Engineer within thirty (30) days after written notice thereof by City.
10.3 The surety shall be admitted to do business in California, listed with the State of California Department of Insurance and shall comply with all requirements of State law. (No surplus list surety will be accepted.) (Code of Civil Procedure § 995.311.)
10.4 If during this Contract any of the sureties upon the bonds become insufficient in the opinion of City, City may require additional sureties which Contractor shall furnish to City’s satisfaction within 15 calendar days after written notice and failure to do so shall be considered a default by Contractor.
11. CITY'S RIGHT TO TERMINATE
11.1 If Contractor refuses or fails to prosecute the Work with such diligence as will insure its completion within the time specified or any extension thereof, or fails to complete the Work within such time, or if Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of his insolvency, or if Contractor or any subcontractor shall violate any of the provisions of this Contract, or should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, or instructions of City or otherwise breach this Contract, City shall serve written notice on Contractor and Contractor's sureties of the intention that this Contract be terminated together with the reasons therefor. Unless within five (5) working days after the service of such notice such condition or violation shall cease or satisfactory arrangements for the correction thereof be made, this 19 Contract shall upon the expiration of said five (5) working days, cease and terminate. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished.
In event of any such termination, City shall immediately serve written notice thereof upon surety and Contractor, and surety shall have the right to take over and perform this Contract, provided, however, that if surety within five (5) working days after service upon it of said notice of termination does not give City written notice of its intention to take over and perform this Contract or does not commence performance thereof within ten (10) working days from the date of serving such notice, City may take over the Project and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor, and Contractor and its surety shall be jointly and severally liable to City for any excess cost or other damages occasioned City thereby. If City takes over the Project as herein above provided, City may, without liability for so doing, take possession of, and utilize in completing the Project, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Project and necessary therefor.
In the event of any such termination, Contractor will be paid for Work performed, less damages caused to City by the acts of Contractor causing the termination.
11.2 City may terminate the Contract at its own discretion for any reason. Upon such termination, City will pay Contractor fair and reasonable compensation as agreed upon between City and Contractor. In the event that no agreement is reached, City will be liable to Contractor only for the reasonable value of the Work performed and other actual costs sustained by Contractor.
12. WAIVER
No waiver of any provision of this Contract shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
13. NOTICE
13.1 Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving notice or by a duly authorized representative of such party. Any notice shall not be effective for any purpose whatever unless served in the following manner:
13.2 Whenever it shall be necessary for either party to serve notice on the other respecting the Contract, such notice shall be in writing and served by personal delivery or by registered mail, postage prepaid, return receipt requested, addressed as follows:
20 City: City of Gardena
Amir H. Modarressi, P.E.
1717 W. 162nd Street
Gardena, CA 90247
Contractor: TBD
unless and until different addresses may be furnished in writing by either party to the other.
14. ASSIGNMENT
14.1 Contractor shall not assign the performance of the Contract, nor any part thereof, nor any monies due or to become due hereunder, without the prior written consent of City.
14.2 Subject to the provision of this Section regarding assignment, the Contract shall be binding upon the heirs, executors, administrators, successors, and assigns of Contractor.
15. ATTORNEY'S FEES
Except as specifically provided for herein, attorney’s fees shall not be awarded to either party in any action in law or in equity, including an action for declaratory relief, brought to enforce or interpret the provisions of this Contract or to assert any claim resulting or alleged to result from its performance.
16. MISCELLANEOUS PROVISIONS
16.1 The Contract shall be effective from and after the date that this Contract is signed by the representatives of City.
16.2 This Contract may be made in counterparts.
16.3 The captions of the articles, sections, subsections, paragraphs and subparagraphs of the Contract are for reference only and are not to be construed in any way as a part of the Contract.
16.4 The rights and remedies contained in this Contract are cumulative, and in addition to and not in limitation of, any right or remedy at law or in equity to which City may be entitled.
21 16.5 Pursuant to Gardena Municipal Code Section 2.24.020(H), Contractor is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the city of Gardena until completion of Work.
17. ENTIRE AGREEMENT
17.1 This Contract integrates all terms and conditions in connection with the Work and supersedes all negotiations and prior understandings, either oral or in writing, in respect to the subject matter hereof.
17.2 The Contract shall not be amended except by a writing duly executed by the parties.
18. PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Contract and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Contract. No prov ision of this Contract or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.
19. Claims Disputes
Any claims of Contractor, as “claims” are defined in California Public Contract Code Section 9204 shall be processed in accordance with that section. Section 9204 provides in relevant part that upon receiving a claim from a contractor, together with reaso nable documentation to support the claim, a contracting public entity shall conduct a reasonable review of the claim and, within a period not to exceed 45 days [except as otherwise provided in Section 9204], shall provide the claimant 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 shall be processed and made within 60 days after the public entity issues its written statement. If the public entity f ails to issue a written statement, paragraph (3) shall apply. If the contractor disputes the public entity’s written response, or if the public entity fails to respond to a claim within the time prescribed, the contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. 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 public entity shall provide the claimant 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 public entity issues its written statement. Any disputed portion of the claim of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the contractor sharing the associated costs equally. The public entity and contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select 22 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 ne utral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to other applicable procedures.
IN WITNESS WHEREOF, THE PARTIES hereto have caused this Contract to be executed and attested by their duly authorized officers.
CITY CONTRACTOR: XXXXXXXXXX
Clint Osorio, City Manager (Sign) Name & Title
Date:____________________________ Sign:
Date:
ATTEST: (SECOND SIGNATURE)
Mina Semenza, City Clerk (Sign) Name & Title
Date: Sign
Date
APPROVED AS TO FORM:
Carmen Vasquez, City Attorney
Date:
23 (To be submitted after award)
CONTRACT
PROJECT NO. JN 506
FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Gardena has awarded to hereinafter designated as the "Principal", a Contract for:
PROJECT: GARDENA DECORATIVE STREET LIGHTING PROJECT,
STRING LIGHTING ON GARDENA BLVD
FROM VERMONT AVE TO BUDLONG AVE
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract.
NOW, THEREFORE, we, as Principal, and
___________________________________________________________as Surety, are held and firmly bound unto the City, as Obligee, in the sum ($___________ ), lawful money
of the United States of America, this amount being not less than one hundred percent (100%) of the total Contract price, , for payment of which sum well and truly to be made we bind ourselves, our heirs, exe cutors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay all court costs and reasonable attorneys’ fees to the City of Gardena in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, well and truly keep and perform all the undertakings, terms, cov enants, conditions and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all res pects according to their true intent and meaning, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shal l in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.
This bond shall remain in full force and effect for a warranty period of one full year after acceptance of the job by the City.
24 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and
Surety named herein, on the day of , 2025,
the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
[PRINCIPAL]
By
Title
Signature
[SURETY]
By
Title
Address
Phone No.
Signature
All signatures must be notarized.
Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.
25 (To be submitted after award)
CONTRACT
PROJECT NO. JN 506
PAYMENT BOND
WHEREAS, the City of Gardena has awarded to , as Contractor, a contract for the work described as follows:
PROJECT: GARDENA DECORATIVE STREET LIGHTING PROJECT,
STRING LIGHTING ON GARDENA BLVD
FROM VERMONT AVE TO BUDLONG AVE
AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons, as provided by law.
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of , Dollars ($ _________ )
this amount being not less than one hundred percent (100%) of the total Contract price, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Ins urance Code with respect to work or labor performed under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant t o Section 13020 of the Unemployment Insurance Code, or any other amounts due to persons under any applicable project contract or law, with respect to such work and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding t he sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay all court costs and reasonable attorneys’ fees to the plaintiff(s) and City in an amount to be fixed by the court.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.
Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shal l in any way affect its obligations under this bond, and it does hereby waive notice of such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.
This bond shall remain in full force and effect for six full months after the period in which verified claims may be filed as provided for in Section 3184 of the California Civil Code.
26 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and
Surety named herein, on the day of , 2025,
the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
[PRINCIPAL]
By
Title
Signature
[SURETY]
By
Title
Address
Phone No.
Signature
All signatures must be notarized.
Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.
27 (To be submitted after award)
CONTRACT
PROJECT NO. JN 506
WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
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 the Contract.
DATED:
CONTRACTOR
By
Signature
Name & Title
ATTEST:
By
Signature
Name & Title
28 (To be submitted with bid/proposal)
PROPOSAL
PROJECT NO. JN 506
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid , and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the City.
The bidder shall also designate in the space provided indicating whether or not the subcontractor qualifies as a Woman Owned Business Enterprise, "WBE”, or a Minority Business Enterprise, "MBE”.
WBE
or
MBE Portion
of
Work % Subcontractor's Name & Address Type of Work
State
License
Number Class D.I.R. Number
Not more than _____%.
29 (To be submitted with bid/proposal)
PROPOSAL
PROJECT NO. JN 506
NON-COLLUSION AFFIDAVIT
(To be executed by Bidder and submitted with Bid)
State of California
County of Los Angeles
being first duly sworn, deposes
and says that he or she is of
the party making the foregoing bid, that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidde r has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; th at the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her b id price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, or agent thereof to effectuate a collusive or sham bid.
NAME OF BIDDER
SIGNATURE OF BIDDER
ADDRESS OF BIDDER
CITY STATE ZIP
ALL SIGNATURES MUST BE WITNESSED BY NOTARY(attach appropriate jurats) 30 (To be submitted with bid/proposal)
BID SCHEDULE
The undersigned, having examined the proposed Contract Documents titled: GARDENA DECORATIVE STREET LIGHTING PROJECT (JN 506) and having visited the site and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as required by said proposed Contrac t Documents and itemized bid schedule below. All work shall be completed within THIRTY FIVE (35) Working Days from the date the Notice of Proceed is issued by the Engineer. Please note that item 3 is a d eductive alternate bit item . The City reserves the right to remove the alternate bid item from the contract award, either at the time of award or afterward.
Item
No.
Item Description
Unit
Approx.
Quantity
Unit Price
in Figures
Item Total
1 Furnish and Install Decorative
String Lighting including 1/16
“stainless steel supporting
cable
LF
1300
$
$
2 Furnish and Install 20’ tall steel
pole together with Anchor Bolts
and required hardware
EA 15 $ $
3 Deductive
Alternate
Install Anchor Bolts and
hardware embedded in the
Concrete Foundation in
accordance with LA County
Standard as enclosed as
Attachment I.
EA 15 $ $
4 Furnish photocell system and
connect the string lighting to
the power source at designated
point of connections, POC.
(two POC shall be at Gardena
Blvd. and Berendo Ave
Intersection and one on
Gardena Blvd. and the Alley at
Giuliano’s)
EA
3 $
$
GRAND TOTAL
$
*TOTAL CONTRACT BID:
(Figures) $ _______
(Words) ______
* In case of error in extension of price into the total price column, the unit price will govern. 31 BID SCHEDULE (Continued)
All work required and shown on the construction plans and this specification, for which no price or item is listed in this proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowa nce or direct payment of any
kind. Payment for performing such work or furnishing such equipment, labor, tools and materials shall be included in the above lump sum or unit bid prices and no additional compensation will pay therefor.
If the City determines that any of the unit bid prices are significantly unbalanced to the potential detriment of the city, the bid will be replaced as non-responsive.
In case of any discrepancy between the words and the figures, the words prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the bidder’s intention, and all totals will be corrected to confirm thereto.
Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amount of _______________________________________________________________________Dollar s, said amount being not less than 10 percent of the amount bid. Pursuant to Pu blic Contract Code Sections 20172 and 20174, it is agreed that a portion equal to the difference between the low bid and second low bid shall be retained as a bid bond forfeiture by the City if the undersigned fails or refuses to execute the Contract and f urnish the required bonds and certificates of insurance within the time provided.
Name of Bidder
Signature of Bidder
28 (To be submitted with bid/proposal) PROPOSAL PROJECT NO. JN 506 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the City. The bidder shall also designate in the space provided indicating whether or not the WBE or MBEPortion of Work % Subcontractor's Name & Address Type of Work State License Number Class D.I.R. Number Not more than _____%. 5%MAXIMUM BREAK INC 31858 CASTAIC ROAD 183 CASTAIC, CA 91384CONCRETE1084117C-8 B1000846053N/A
30R
(To be submitted with bid/proposal) BID SCHEDULE The undersigned, having examined the proposed Contract Documents titled: GARDENA DECORATIVE STREET LIGHTING PROJECT (JN 506) and having visited the site and examined the conditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as required by said proposed Contract Documents and itemized bid schedule below. All work shall be completed within THIRTY-FIVE (35) Working Days from the date the Notice of Proceed is issued by the Engineer. Please note that item 3A & 3B are deductive alternate bit item. The City reserves the right to remove the alternate bid items from the contract award, either at the time of award or afterward. Item No. Item Description Unit Approx. Quantity Unit Price in Figures Item Total 1 Furnish and Install Decorative String Lighting including 1/16 LF 1300 $ $ 2 Furnish and install pole. Furnish required anchor bolts and all hardware EA 15 $ $ 3A Deductive Alternate Install Anchor Bolts and hardware embedded in the Concrete Foundation in accordance with LA County Standard as enclosed as Attachment I EA 15 $ $ 3B Deductive Alternate Install No. 31/2 Pull Box Per Public Works Standard Plan 513- EA 15 $ $ 4 Furnish photocell system and connect the string lighting to the power source at designated point of connections, POC. (two POC shall be at Gardena Blvd. and Berendo Ave Intersection and one on Gardena Blvd. and the EA 3 $ $ GRAND TOTAL $ *TOTAL CONTRACT BID: (Figures) $ _______ (Words) ______ * In case of error in extension of price into the total price column, the unit price will govern. 355,000.00three hundred fifty-five thousand dollars355,000.00
70.009,260.001,000.005,000.0011,700.0035,100.0075,000.0015,000.00138,900.0091,000.00 thirty-five thousand five hundred dollars
November 14, 2025 GARDENA BLOUVARD DECORATIVE STRING LIGHTING PROJECT (JN 506) RFP ADDENDUM NO. 1 TO: ALL RFP HOLDERS ADDENDUM NO. 1, AS DECRIBED BELOW, IS FOR USE OF CONTRACTOR SUBMITTING PROPOSAL ON THIS PROJECT. ALL PARTIE SHALL INDICATE ON THE PROPOSAL THAT THEY HAVE RECEIVED THIS ADDENDUM, ADDENDUM NO. 1. REVISIONS/CLARIFICATIONS TO THE REQUEST FOR PROPOSALS: 1. Replace BID SCHEDULE on page 30 with attached revised BID SCHEDULE, 30R. 2. Add attached Public Works Construction Standard Plan Drawing Number 513-3 for Pull Box Standard to RFP. END OF ADDENDUM NO. 1
November 17, 2025 GARDENA BLOUVARD DECORATIVE STRING LIGHTING PROJECT (JN 506) RFP ADDENDUM NO. 2 TO: ALL RFP HOLDERS ADDENDUM NO. 2, AS DECRIBED BELOW, IS FOR USE OF CONTRACTOR SUBMITTING PROPOSAL ON THIS PROJECT. ALL PARTIE SHALL INDICATE ON THE PROPOSAL THAT THEY HAVE RECEIVED THIS ADDENDUM, ADDENDUM NO. 2. REVISIONS/CLARIFICATIONS TO THE REQUEST FOR PROPOSALS: 1. Add attached bid bond form for posting the required ten percent bond to be submitted with bid/proposal. END OF ADDENDUM NO. 2