Huntington Park City Council
May 3, 2022

obstruction of vehicular line of sight. It will also require Building and Safety inspections for the temporary stands.

The City Council is the final approval body for all complete fireworks sale permit applications.

Pursuant to Huntington Park Municipal Code 4-8.02, the sale of fireworks shall be limited to the time period of 12:00 noon on June 26th, and ending at 11:59 p.m. July 4th of each calendar year.

Furthermore, Huntington Park Municipal Code 4-8.03 stipulates that complete applications will be presented to City Council at the first meeting in June for consideration. However, from a procedural standpoint, waiting until June will not provide the applicants with enough time to arrange the logistics for their fireworks stand to comply with City requirements.

FISCAL IMPACT
Fireworks sales permits will continue to generate required application fees including besi in addin, the peral perfor e sale orients shall condone tolerate fees. In addition,
of the gross retail sales as reported to the State of California Board of Equalization by the non-profit organization.

CONCLUSION
Upon Council approval, staff will proceed with recommended actions.

Respectfully submitted,
=

RICARDO REYES
City Manager

STEVE FORSTER
Interim Director of Community Development

ATTACHMENTS)
A. Applications Submitted by Local Non-Profit Organizations ATTACHMENT "A"

FIREWORKS PERMIT APPLICATIONS

1. Southeast Women's Organization (2911 E. Florence Ave)

2. Praise Chapel Church (2500 E. Slauson Ave)

3. Huntington Park Police Officers Association (1925 E. Gage Ave)

4. Huntington Park Youth Football (1951 E. Florence Ave)

5. AYSO Region 526 (5900 Pacific Blvd)
Huntington Park Municipal Code
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TITLE 4 PUBLIC SAFETY
Chapter 8 FIREWORKS
4-8.03 Permits-Applications.
(a) Applications for permits to sell fireworks:
(1) Shall be available in the Community Development Department located in City Hall; (2) Shall only be accepted from a local non-profit organization.

For purposes of this chapter, a "local non-profit organization,' "organization," and "applicant" shall mean a non-profit organization, association, or group that:
(i) Possesses a valid and current non-profit status from the State of California, and (ii) Is organized primarily for community service, religious or charitable purposes within the City of Huntington Park, or (iii) Has been organized, established and provides services within the City of Huntington Park for a minimum of one year continuously preceding the filing of the application for the permit; (3) Shall clearly identify the name and address of the organization. In addition, the application shall include at least one active member's name and title as an additional applicant and shall set forth such other information pertaining to the organization as the City of Huntington Park may reasonably request for investigation; (4) Shall be made in writing, addressed to and filed with the Community Development Department; (5) Shall be submitted between March Ist and April 15th of each year except that when the last day falls on a day when the City Hall is closed, the application shall be submitted the following business day; (6) Shall set forth the proposed location of the fireworks stand; (7) Shall be accompanied by an assurance that, if the permit is granted to the applicant, the applicant, at the time of receiving notice hat the permit has been granted, shall obtain insurance and provide the Building Official with a certificate issued to the applicant, fo ach fireworks stand location, showing insurance coverage in effect during the time covered by the permit as follows: insurance limit of not less than one million ($1,000,000.00) dollars per occurrence for bodily injury, property damage, and products liability, with the City, and its officers and employees, named as additional insured. Such insurance certificate shall be furnished for each fireworks stand location prior to the issuance of such permit, with the form of the certificate approved by the City's Risk Manager, City Attorney or designee;
(8) A copy of the required retail fireworks license from the State Fire Marshal shall be furnished prior to the issuance of such permit.
(b) The approval or denial of an application shall take place in the following manner:
(1) All complete applications submitted on or before April 15th will be presented to the City Council at the first meeting in June for consideration. Approval of fireworks permits shall be subject to the City Council. (2) Applicants for such permits shall be notified by the Community Development Department or designee of the approval or denial of their application not later than the following business day proceeding the City Council's determination. (3) The findings of the City Council, shall be endorsed on each of the applications and indicated by the words "granted" or "denied." If the application is denied, the Community Development Department shall give notice of such decision to the applicant and the reasons for the denial.
(§ 1, Ord. 908-NS, eff. June 20, 2013, as amended by § 1, Ord. 2019-974, eff. July 4, 2019) View the mobile version.

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ITEM NO. 6

CITY OF HUNTINGTON PARK
Community Development Department
City Council Agenda Report
May 3, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:

CONSIDERATION AND APPROVAL OF A FIRST TIME HOME BUYER GRANT

PROGRAM
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Approve the First Time Home Buyer Grant Program;

2. Appropriate the allocation of HOME related funding in the amount of $1,675,695 to the fiscal year 2021/22 budget

3. Authorize the City Manager to execute all future documents and agreements on behalf of the City.

BACKGROUND
In 2021, the City Council authorized staff to investigate and develop a program for assisting residents of the City who would like to purchase a home in Huntington Park.

Staff has worked with local funding agencies to develop a set of guidelines that would allow for down payment assistance to start on their path of home ownership. In addition, the City has conducted more than 8 "First Time Home Buyer Workshops" with potential buyers and agents to educate residents and lending agent on the process. These workshops are ongoing.

Currently, the City has set aside approximately $2.9 million dollars of non-general fund money to fund this program dating back to fiscal year 15/16. The allocation would be out of the City's HOME allocation for housing related projects including the first time home buyer program. A substantial amendment will be advertised for the remaining balance ($1,224,305) of HOME allocation money as a future Council action for FY 2022/23.

CONSIDERATION AND APPROVAL OF A FIRST TIME HOME BUYER GRANT

PROGRAM
May 3, 2022

FISCAL IMPACT
The City Council has approved the prior fiscal years HOME allocation. However, this was not included in the fiscal year 2021/22 budget. An appropriation of $1,675,695 to the current fiscal year's budget is required to fund the program. Additional funding in the amount of $1,224,305. Will need a substantial amendment brought to the Council at a future date.

CONCLUSION
Upon Council's direction, staff will proceed with actions as directed.

Respectfully submitted,

RICARDO REYES
City Manager

STEVE FORSTER
Interim Community Development Director
ATTACHMENTS):

1. Draft First Time Home Buyer Guidelines
ATTACHMENT "A"

INGORPORATED

CALIFORNIA

CITY OF HUNTINGTON PARK

FIRST TIME HOMEBUYER PROGRAM
(FTHB PROGRAM)
DRAFT 2022

POLICY AND PROCEDURAL MANUAL
UPDATED APRIL 2022

HUNTINGTON PARK
THE CITY DE PERFECT BALANCE California
First Time Homebuyer Program
The First Time Homebuyer (FTHB) Program is designed to assist creditworthy, income-qualified applicants who wish to purchase their first home within the City of Huntington Park. All required processing forms are included as attachments to this document. The City of Huntington Park reserves the right to modify, change, enforce, waive, accept, and approve individual case files based upon practice and procedure within the real estate lending industry with the sole authority of the City Manager or his/her designee. The City of Huntington Park may revise these guidelines from time to time and will give notice of significant program changes.

For all inquiries, please contact Steve Forster, Interim Community Development Director at [email protected] or 323-584-6318.

Program Guidelines
2021
Income Limits
Family Size 1 2 3 4 5 7 8
(130% of Area
Median $72,800 : $83,200 $93,600 | $104,000 | $112,320 | $120,640 | $128,960| $137,280 Income)
• Single family residences are eligible for purchase by eligible first-time homebuyers. No other properties qualify for the FTHB Program.
• FTHB Program loans will be made to eligible borrowers selected among successfully completed applications.
• Up to $120,000 or 20%, whichever is lesser, in the form of a second mortgage loan deferred for 30 years can be provided by the city for down payment assistance. 1% minimum borrower contribution is required.
: Adjustable interest rate first mortgage loans are not allowed under this Program. • Applicants and co-applicants must be first-time home buyers, defined as: someone who has never had an ownership interest in a residential property. • Applicant agrees that they may not refinance until 5 years after purchase, and they may not sell until 10 years after purchase.
• Only current City of Huntington Park residents are eligible. Eligible applicants are those who have lived within the incorporated city boundaries for the City of Huntington Park a minimum of 1 calendar year.
• The borrower will be required to pay the City the value of the home equity if any of the following occur within 30 years of the loan origination: (1) the borrower sells the property; (2) the borrower transfers title/ownership of the property; (3) the borrower no longer occupies the property as their primary residence; or (4) the borrower refinances their first deed of trust without the City's prior approval.

City of Huntington Park Page 2 of 14

HUNTINGTON PARK
THE CITY OF PERFECT BALANCE California
Application Process Overview
Complete Applications must be postmarked and received by the Department by a designated time as determined by the City Manager or his representative. • A Certificate of Occupancy for the housing unit must be issued by City prior to funding the FTHB Program loan.
• A copy of escrow instructions must be provided to the City twenty-one (21) days after City issues an award letter. Failure to submit escrow instructions will forfeit the applicant's opportunity to continue their participation in the Program.

Application Checklist
In order to assist the City in reviewing and processing your application, the following information is required. Please return the following items:

Signed application including the following:

Section 1 - Applicants) Information
Section 2 - Household Composition
Section 3- Employment History
• Section 4 - Monthly Income Declaration
Section 5 - Monthly Expenses
Section 6 - Applicant(s) Assets
Section 7 - Federal Income Tax Return Filing Statement (if applicable) • Section 8 - Equity Share Disclosure
• Section 9 - Monitoring Disclosure
Section 1 O - Release of Information
Section 11 - Consent and Declaration
Attach the following supporting documentation to your signed application:

1. COPY of last three (3) years' federal income tax return, with W-2s for applicant(s) and other household members 18 and older, if any.

2. COPY of three (3) most recent paycheck stubs for applicants) and other household members 18 and older, if any. Self-employed persons must provide a year-to-date profit and loss statement from a certified public accountant.

3. COPY of three (3) most recent savings account -statements and six (6) most recent checking accounts statements for all accounts (all pages) demonstrating evidence of your 1% minimum contribution toward down payment.
• 4. COPY of purchase and sales agreement and/or escrow instructions (if any)

5. COPY of first mortgage loan approval commitment letter. • 6. COPY of other income documentation (supply a copy of the award letter or a copy of the check m: direct deposit bank statement:

Child Support (If Child Support has been ordered but never or periodically received, please provide proof from the District Attorney Office)
• Alimony
• Social Security, SSI
• Retirement
City of Huntington Park Page 3 of 14

HUNTINGTON PARK
HE CITY PERHEST BALACE Celifarnia
• Disability
AFDC
Proof Of Income for All Persons Living in Household
Interest On Savings/Income Earning Accounts

7. COPY of a credit report no more than 3 months old for applicant(s)

8. PROOF of residency. Applicants) will be required to provide COPIES of documents demonstrating history of residency in the City. Documentation may include tax returns, utility bills, rent receipts, lease, or rent agreement or other documents, as determined by staff to verify residency eligibility.
*****: ******MPORTA**************************
Please submit your original signed application with all the exhibits & photocopies of items 1 through 8.

The City will not be responsible for returning or safeguarding original personal documents for items 1 through 8.

City of Huntington Park Page 4 of 14

HUNTINGTON PARK
PRAZICT DALACE CalifoRiA
Section 1
First Time Homebuyer Program Application

FOR CITY USE ONLY
Application Received Application #: Approved: Denied:

Date: Comments:

Time:

Applicant Information
Applicant Name: Primary Telephone Number:

Social Security Number: Date Of Birth:

Co-Applicant Name: Primary Telephone Number:

Social Security Number: Date Of Birth:

Home Address:

Mailing Address (If Different):

Previous Address (if residing less than 3 years at above address):

Marital Status: • Married • Single • Divorced Legal • Separation Widow Applicant Current Employer:

Work Telephone:

Employer's Address:

Co-Applicant Current Employer:

Work Telephone:

Employer's Address:

City of Huntington Park Page 5 of 14

HUNTINGTON PARK
THE CITY DE PERFECTBALANCE Celifornin
Section 2
Household Composition
(Please list all individuals who will live in the house) Member No. Name Relationship Age Social Security
Number
Head of Applicant
Household
1 2
3 Please check the racial/ethnic group which applies to applicants) (optional). Mark all that apply:

White • African American Native American
• Asian • Latino Other:
• Alaska native Native Hawaiian or
other Pacific Islander
Does anyone live with you now who is not listed above? • Yes • No Does anyone plan to live with you in the future who is not listed above? • Yes • No Please explain any yes answers to the questions above:

The information provided above is true and complete to the best of my/our knowledge and belief. I/we consent to the disclosure of income and financial information from my/our employer and financial reference for purposes of income and asset verification related to my/our application.

Applicant Date
Co-Applicant Date
City of Huntington Park Page 6 of 14

HUNTINGTON PARK
THE COY DIVERFECT BALANCE California
Section 3
Employment Information
Applicant Information
Current Employer: Monthly Gross Income:

Occupation: Phone Number:

Length of Employment: City/State/Zip
Address: Phone Number:

Previous Employer (if less than 2 years): Monthly Gross Income:

Occupation: Phone Number:

Address City/State/Zip
Co-Applicant Information
Occupation: Monthly Gross Income:

Length of Employment: Phone Number:

Address: City/State/Zip
Previous Employer (if less than 2 years):

Occupation: Monthly Gross Income:

Length of Employment: Phone Number:

Address: City/State/Zip
City of Huntington Park Page 7 of 14

HUNTINGTON PARK
INE CITY E* DERFECTBALANCE California
Section 4
Current Monthly Income Chart
(Please list all sources of Household Income)
Other Household Total Monthly
Source Applicant Co-Applicant Members 18 Or
Older Income
Salary/Base Pay $ $ $ $
Overtime Pay $ $ $ $
Commissions $
Fees $
Tips $
Interest and/or $
dividends
Bonus $
... ananaaaaa.

Rental Income $
Social Security $
/Pension/Retirement
Alimony /Child $
Support
AIFDC/Unemployment$
Other $
Other $ $ $
Total Monthly $ $ $ $
Household Income
City of Huntington Park Page 8 of 14

HUNTINGTON PARK
THE CITY OF DERFECT BALANCE California.

Section 5
Applicants Monthly Expenses
Applicants)
Creditor Balance
Monthly Payment
Rent Payment $
Auto Payment $ $
Auto Payment $ $
Student Loan
Student Loan
Credit Card
Credit Card
Credit Card
Credit Card
Credit Card
Other
Other
Other
Other
Other
Other
Other $ $
Other $ $
Total $ $
Have you or any other person listed on this application as a co-applicant previously purchased or had prior ownership interest in residential real estate? • Yes O No Please explain any yes answer to the question above:

City of Huntington Park Page 9 of 14

HUNTINGTON PARK
THE CITY OF PERFECT BALANCE Californin
Section 6
Applicant(s) Assets
Applicants
Creditor Monthly Payment Balance
Rent Payment $ $
Auto Payment $ $
Auto Payment $ $
Student Loan $ $
Student Loan
Credit Card
Credit Card
Credit Card
Credit Card
Credit Card
Other
Other
Other
Other
Other
Other
Other
Other $ $
Total $
I (we) certify that the above statement is true. I (we) authorize the City to verify credit worthiness.

Applicant Date
Co-Applicant Date
City of Huntington Park Page 10 of 14

HUNTINGTON PARK
THE CITY CE PERFECT BALANCE California
Section 7
Federal Income Tax Return Filing Statement
(Submit only if applicable)
Please complete the following if you did not file a federal income tax return for any of the last three (3) years.
1/we, (Print Your Name), did not file a federal
income tax return for the following years: for one
of the following reasons:

1. I/we were instructed by the internal revenue services that my/our income was not sufficient to file a federal income tax return. Please indicate the year:

2. I did not work, I was Please indicate the
year(s):_

3. Other:

I/we, the above-named applicant(s), by signing below, hereby acknowledge, under penalty of perjury, and assert that the statement herein is true and correct, and that any false statement will be just cause for the City to request the full repayment of any loan assistance provided through the Program.

Applicant Date
Co-Applicant Date
City of Huntington Park Page 11 of 14

HUNTINGTON PARK
HE CITY OF PERFECT BALANCE California
Section 8
Equity Share Disclosure
1/we hereby agree and understand that the City will share a portion of the net profit (see table below) 1/we could make in a subsequent sale or transfer, based on the appreciation of the home. The original loan amount will be due and payable upon the sale or transfer of the property, if the property is no longer occupied as my/our primary residence, an unapproved refinance or change of ownership to a non-qualified family member before expiration of the 30-year term.

Year of Transfer/Sale Equity paid to City Loan Interest Rate 0-10 15% 3%
11-15 10% 0%
16-30 5% 0%
After 30 0% Loan is forgiven
An example of this equity share, as it would apply to a Program borrower selling or transferring the home at year 15 is as follows:

A borrower assisted with a Loan of $75,000 for the purchase of a home with a fair market value of $300,000 at the time of its purchase, sells or transfers the home in year 15 to a non-qualified buyer and the value of the home has increased to $400,000.

As indicated in the table above, the borrower must repay the original loan amount of $75,000 and share 10% of the equity or appreciated value. In this example, the borrower would repay the loan of $75,000 and $10,000 in equity share, (10% of $100,000 which is the difference between $300,000 and $400,000) for a total of $85,000.

Applicant Date
Co-Applicant Date
City of Huntington Park Page 12 of 14

HUNTINGTON PARK
CHECITY OF PERFECT BALANCE California
Section 9
Monitoring Disclosure
1/we hereby agree and understand that the City will monitor annually to ensure the home has remained our primary residence. I/We will be required to mail to the City a copy of my/our hazard insurance policy, home telephone bill, a copy of my/our property tax bill, and a copy of my/our electricity and water utility bill by July 1st of each year.

In addition, the City will monitor the general upkeep of the home purchased with City assistance. I/We agree to keep the home in good condition and repair, with no excessive weeds, debris, or chipped paint.

I/We agree to comply with property maintenance standards as established in the City's municipal code.

Applicant Date
Co-Applicant Date
City of Huntington Park Page 13 of 14

HUNTINGTON PARK
THE CITY 2* PERFECT CALANCE California
Section 11
Consent and Declaration
I/We, as undersigned, hereby agree to arrange for an authorized representative of the City of Huntington Park to enter my/our proposed single-family residence for the purpose of evaluating the housing structure. This evaluation will be performed jointly by the property owner (or property owner's agent), the undersigned and an authorized representative of the City. In addition, by signing below, I/We declare that the information provided within my/our application package is true and accurate to the best of my/our belief and knowledge that I/We made no misrepresentations in the application or its related documents, nor did |/We omit pertinent information and that I/We under penalty of perjury have received and read the City's First-Time Homebuyer Program Guidelines.

The undersigned certify the following: I/We have applied for a loan under the First-Time Homebuyer Program funded by the City. In applying for assistance, I/We completed this application containing private information for the purpose of obtaining a loan. I/We understand and agree that the City shall maintain my/our application package as a confidential file and shall not reveal any of its contents to any third party without my/our authorization unless the City is required to treat such information differently pursuant to applicable law or court order.

I/We understand and agree that the City reserves the right to change the review process to a full documentation Program on a case-by-case basis. This may include independent verification of the information provided on the application. I/We expressly consent to and authorize City of Huntington Park to verify the information on the application and hereby instruct all persons so requested to fully cooperate with the City, including, but not limited to providing further confirmation or documentation as the City may request from time to time. I/We understand and agree that the City reserves the right to change the requirements of this application and the FTHB Program at any time.

Applicant Date
Co-Applicant Date
City of Huntington Park Page 14 of 14
ITEM NO. 7

CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report
May 3, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:

REJECT BID PROPOSAL RECEIVED FOR THE DESIGN-BUILD OF FIRE

PROTECTION ALARM SERVICES AT THIRTEEN CITY FACILITIES
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Reject the lone bid proposal for the design-build of fire protection alarm services at thirteen city facilities in accordance with Public Contract Code Section 22038(a)(1); and

2. Authorize staff to publish and solicit a Request for Proposal (RFP) from qualified C-10, C-16 licensed contractors and relevant and experienced engineering firms to design the fire protection alarm system plans and specifications for bidding purposes.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
There are currently thirteen City-owned facilities that either do not have or partially do not contain a fire protection alarm system. The integration of fire alarm systems, fire protection, life safety, and other fire protection systems into the design of all building types is essential to protect public safety, public property and to comply with applicable building codes.

On March 1, 2022, the City Council authorized staff to advertise the Request for Bid (RFB) for the design-build of a fire protection alarm system at thirteen City-owned facilities. RFB was published on March 4, 2022 in a newspaper of general circulation. City received one lone bid proposal on April 19, 2022. Staff analyzed the bid proposal received and after reviewing the bid proposal, the recommendation is to reject the lone bid. The advantages to rejecting the bid proposal and re-advertising the project is that the City may increase the number of participants as the fiscal year comes to an end and provides staff with an opportunity to hold additional pre-job walk meetings and discuss the project scope of work with the designers and find out more about potential risks or uncertainties.

REJECT BID PROPOSAL RECEIVED FOR THE DESIGN-BUILD OF FIRE

PROTECTION ALARM SERVICES AT THIRTEEN CITY FACILITIES
May 3, 2022

Below is a tentative bid schedule:

RFP ISSUED May 13, 2022
MANDATORY PRE-BID MEETING: 9:00 AM May 31, 2022
REQUEST FOR INFORMATION DEADLINE: 5:00 PM June 6, 2022
RELEASE OF INFORMATION REQUESTED: 5:00 PM June 13, 2022 PROPOSAL DUE DATE/SUBMISSION DEADLINE: 2:00 PM June 23, 2022 TENTATIVE CITY COUNCIL AWARD DATE July 5, 2022
APPROXIMATE NOTICE TO PROCEED DATE July 11, 2022
A formal RFP will request a fire protection engineering consultant that designs, takes measurements and lays out the fire protection system through the production of contract plans and specifications for bidding purposes. Upon authorization from the City Council to publish the RFP, staff will upload the RFP to the City's website and provide the City Clerk's Office with the publication notice.

LEGAL REQUIREMENT
Congress adopted the Brooks Act (P.L. 92-582), requiring the use of Qualifications-Based Selection (QBS) for the procurement of architect and engineering services. The use of QBS ensures that taxpayers receive highly technical architect and engineering services from the most experienced and most qualified firms at a fair and reasonable cost.

California's QBS requirements can be found at Government Code sections 4525 et seq., also known as the Mini Brooks Act.

The City Clerk's Office shall publish the RFP announcement in the local newspaper of general circulation, the City's website and other forms of electronic media. The RFP shall describe the project and provides the tasks required from engineering firms to design the project. The time and location to submit proposals shall also be placed within the published RFP. The REP shall be published for a minimum period of twenty-one (21) calendar days. Once proposals are submitted, reviewed and scored, staff will come back to the City Council with a recommendation to award.

FISCAL IMPACT/FINANCING
There is no fiscal impact associated with the rejection of the bids, though there is a minimal cost of approximately $500 associated with publishing the RFP.

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

REJECT BID PROPOSAL RECEIVED FOR THE DESIGN-BUILD OF FIRE

PROTECTION ALARM SERVICES AT THIRTEEN CITY FACILITIES
May 3, 2022

RICARDO REYES
City Manager
Cuar lidar

CESAR ROLDAN
Director of Public Works

ATTACHMENT(S)

1. Request for Proposal
ATTACHMENT "A"

CITY OF H TON PARK
1906

ALIFORNIA

CITY OF HUNTINGTON PARK

REQUEST FOR PROPOSAL BID FOR
Design Services of Fire Protection Alarm System Network PROPOSAL DUE DATE: THURSDAY, JUNE 23, ZOZ2, 2:00 P.M.
6550 Miles Ave
Huntington Park, CA 90255
Contact: Cesar Roldan
323.584.6320
[email protected]
-CITY OF

HUNTINGTON
PARK
Request for Bid Page |1
Design Services of Fire Protection Alarm System Network Table of Contents
INTRODUCTION 2
OVERVIEW. 2

3. SCOPE OF SERVICES 3
A. Task 1 - Design Services of Fire Protection Alarm System Network .3

4. KEY PERSONNEL 5

5. CITY'S STANDARD PROFESSIONAL SERVICES AGREEMENT .. 6

6. INSURANCE REQUIREMENTS.. 6
EVALUATION CRITERIA......... 6
SELECTION PROCESS....... 7
REQUIRED FORMAT FOR TECHNICAL PROPOSAL SUBMITTAL 7

10. FEE.. 8

11. QUESTIONS REGARDING THIS RFP 9

12. PROPOSAL SUBMITTAL PROTOCOL 9

13. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION.... 9 Request for Bid Page 12
Design Services of Fire Protection Alarm System Network

1. INTRODUCTION
The City of HUNTINGTON PARK (City) is seeking proposals from qualified consulting professionals for the design of a fire protection alarm system network at thirteen (13) City facilities where a system does not exist. Requesting a fire protection consultant/design engineer that designs, takes measurements and lays out the contract plans and specifications of fire protection systems for bidding purposes. Consultant must be knowledgeable of all the pertinent equipment associated with these systems and electrical alarm systems. Contractor must be a State of California licensed C-10, C-16 - Fire Protection Contractor, per California Code of Regulations, Title 16, Division 8, Article 3.

Classifications or licensed State of California licensed engineer. Proposals will be received until 2:00 pm on Thursday, June 23, 2022.

2. OVERVIEW
This design professional services agreement includes, though is not limited to, furnishing all materials, equipment, labor and services associated with the design of contract plans and specifications and obtaining proper permits from Los Angeles County Fire Department and other relevant permits for a fire protection alarm system network that protects non-sprinkled historic City buildings and warehouses. The City does not possess building As-built plans, so the selected consultant must take measurements of all City facilities and perform the design without the use of available As-built plans. This project is subject to the latest edition of the Building Code and Public Contracting Code procurement requirements.
• 2019 California Building Code. California Code of Regulations, Title 24. International Code Council.
• 2019 California Fire Code. California Code of Regulations, Title 24. International Code Council.

A mandatory pre-bid meeting has been scheduled for Tuesday, May 31, 2022 at 9:00 a.m.; City of Huntington Park City Hall, 6550 Miles Avenue, Huntington Park, CA 90255. Proposers must attend the pre-bid meeting to be eligible to submit a proposal. Proposers will visit all thirteen City-owned (13) facilities. This is an opportunity for interested proposers to ask questions and take notes. It shall be the responsibility of the consultant to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

Request for Bid Page |3
Design Services of Fire Protection Alarm System Network

3. SCOPE OF SERVICES
The City is seeking a qualified consultant to provide the design of a fire protection alarm system network at thirteen (13) City facilities where a system does not exist. The consultant applying should have significant experience in providing this type of services. • The City reserves the right to delete specific tasks).

A. Task 1 - Design Services of Fire Protection Alarm System Network • The consultant's proposal shall include but not be limited to the following items:
• Prevailing Wage Labor Rates
• System Design Engineering
• Electronic Shop Drawings and Submittals
• Design Drawings must be reviewed and permits issued by the City's Building Division and Los Angeles County Fire Department
• Plan Check review of redline comments, permitting and inspection fees • As-Builts and O&M's Upon Completion
• Standard AVC Insurance Coverage
• Fire Alarm Testing and Inspections
• Onsite System User Training
• System Programming
• Shutoff Wiring and/or Terminations
• 120VAC Wiring and/or Terminations
• Relays rated greater than 10.0amps (24vd/ac or 120va) • Access Panels
• Sprinkler Flow and Tamper Switches
• Knox Box and/or Tamper Switch
Elevator Access Panels for Smoke and Heats
Elevator Control Wiring and/or Terminations
Structural Backing or Supports
• Coring, Cutting, Patching or Painting
• Fire Stopping and Sealing of Penetrations
Bid, Payment, or Performance Bonds
Single Path Communicator(s) (Cell, Radio, or IP Dialers) Request for Bid Page |4
Design Services of Fire Protection Alarm System Network Building Smokes Horn Strobes Pull Stations Other Devices / Heats Strobes
Fleet Building 9 12 6 5
Metro Transit 10 4 7
Street Division 3 2 3
Street Division 2 2 1
Sm Building
Water / Elec Dept 12 7 6
Admin Office 15 3 4
Park Department 5 2 1
Parks Shed 8 1
Recreation Building 65 34 30
City Hall 125 34 11 15
Police Station 85 21 30 6 15
Muni Building 5 1 3
Community Center 32 7 4
Options will include the following, though the bidder may present a case for approved alternative:
• Simplex Commercial Fire Alarm
• Notifier by Honeywell Commercial Fire Alarm
• Fire-Lite Alarm System
• ADT
Installation Method: In Conduit / Open Cable as required By Code The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) shall have the maximum opportunity to participate in the performance of contracts and will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against. No person will be discriminated against on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract. The right is reserved by the City to reject any or all bids, to waive any irregularities or informalities not affected by law, to evaluate the bids submitted and to award the contract according to the bid which best serves the interests of said City.

PER CALIFORNIA LABOR CODE (CLC) THE FOLLOWING IS HEREBY INCORPORATED:

As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City. Proof of registration for each contractor and subcontractor listed on the bid is required. As set forth in CLC section 1771.4(a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Request for Bid Page |5
Design Services of Fire Protection Alarm System Network Department of Industrial Relations. As set forth in CLC section 1773, the City shall obtain the general prevailing rate per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. In accordance with labor code section 1773.2, this information is to be included in the bid specifications and in the contract itself.

In accordance with the provisions of Section 1770 of the Labor Code, the Director of the Department of Industrial Relations of the State of California has ascertained the general prevailing rate of wage:
and employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided in Section 1773.8, apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to the work to be done. These rates shall be a part of the Contract and are on file in the office of the City Engineer and will be made available to any interested person on request. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

Pursuant to Section 22300 of the California Public Contract Code (Section 10263 of the Public Contract Code for State Agencies), the Contractor may substitute securities for any money held by the Owner to insure performance of the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Owner or with a State or federally chartered banks as an escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to written agreement in accordance with the provisions of Section 22300. The Owner shall not certify that the contract has been completed until at least 35 days after filing by the Owner of a Notice of Completion. Securities eligible for investment under this Section shall be limited to those listed in Section 16430 of the California Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon by the Contractor and the public agency.

4. KEY PERSONNEL
It is imperative that the key personnel providing the consulting services have the background, experience, and qualifications to complete the project. The City reserves the right to approve all key personnel individually for work on this contract. All key staff shall be named in the contract. After the contract is signed, the consultant may not replace key staff unless their employment is terminated Request for Bid Page 16
Design Services of Fire Protection Alarm System Network or agreed upon by the City. The City must approve replacement staff before a substitute person is assigned to the Project. The City reserves the right to request that the consultant replace a staff person assigned to the contract should the City consider such a replacement to be for the good of the project.

5. CITY'S STANDARD PROFESSIONAL SERVICES AGREEMENT
Please see ATTACHMENT 2 - CITY'S STANDARD PROFESSIONAL SERVICE AGREEMENT.

6. INSURANCE REQUIREMENTS
Please see ATTACHMENT 3 - CITY'S STANDARD INSURANCE REQUIREMENTS.

7. EVALUATION CRITERIA
Each proposal shall be evaluated on the basis of the consultant's expertise, experience and training and the expertise of its key personnel along with prior contracting history, approach to the project, cost, proposed schedule and compliance with the RFP requirements including the terms of the attached PSA. Each such factor shall be weighted by the City as follows:
• Expertise, Experience and Training Plus Prior Contracting History (65%) - The expertise, experience and training of the consultant and its key personnel and the previous experience with similar work in similar fields and qualifications and depth of staff that will perform the work on this project. This factor includes evaluation of the consultant's prior contracting history, including the review of the consultant's certifications relating to false claims, debarment and civil litigation.
• Project Approach (25%) - The consultant's responsiveness in developing a comprehensive plan to oversee the completion of the design-build project while meeting regulatory requirements and the City's specific needs.
• Compliance with RFP (10%) - The ability of the consultant to comply with all instructions set forth under this RFP as well as the consultant's ability to agree to all of the terms and conditions of the attached PSA without modification, particularly as relates to indemnification, insurance requirements and standards of care.
* Use of the City of Huntington Park City Seal is prohibited.

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Design Services of Fire Protection Alarm System Network

8. SELECTION PROCESS
A selection committee may review the bid proposals. Bid proposals will be ranked based on qualifications and an interview may take place with the top ranked consultants. However, at its sole discretion the City may dispense with interviews and select a consultant to perform the work. • Negotiations regarding a fair and reasonable price may occur subsequent to consultant selection.

9. REQUIRED FORMAT FOR TECHNICAL PROPOSAL SUBMITTAL
All bid proposals shall include the following information and comply with the associated page limit restrictions. Note that 1 page includes the front side of an 8.5" × 11" sheet of paper and the cover does not constitute a page:

Cover Letter: Maximum 1-page cover letter signed by an officer of the firm, binding the consultant to all of the commitments made in the submittal. The letter shall include name, address and phone number of the person authorized to represent the consultant and shall include the following Statement:

I HAVE READ, UNDERSTOOD, AND AGREED TO ALL STATEMENTS IN THIS REQUEST

FOR BID AND ACKNOWLEDGE RECEIPT OF ALL ADDENDUMS/AMENDMENTS AS WELL AS TO THE TERMS, CONDITIONS, AND ATTACHMENTS REFERENCED.

Consultant's Background: Maximum 2-page background on the consultant and its area(s) of professional expertise relevant to this RFP. An additional 1 page may be included to highlight the background of each proposed subconsultant to be used by the consultant and the specific task(s) or functions the subconsultant will perform.

Qualifications and Experience of Consultant's Personnel: Maximum 3-page summary of the relevant work experience, work history, training, education, and special certifications of the consultant's personnel who will be performing the professional services contemplated under this RFP on the consultant's behalf. Briefly discuss the Consultant team's qualification and experience with projects of similar magnitude and nature. Consultants shall provide identical information for all subconsultants performing any of the tasks or services contemplated under this RFP on the consultant's behalf. The summary shall also include the office location of key personnel proposed to work on this contract. Relevant experience can include your company's overall experience, experience with similar projects and the experience of individuals on your proposed team. Show how your experience relates to the demands of this project.

Project Approach: Maximum 2-page of the proposed approach to providing labor compliance for this design-build project. The proposer shall explain the way in which the proposer will timely Request for Bid Page 18
Design Services of Fire Protection Alarm System Network complete all of the tasks called for under this RFP along with any estimate of the time it will take to complete each task. Include a brief overview of the Consultant's understanding of the project. The content will reflect the particular viewpoint of the Consultant.

Proposed Personnel: Maximum 2-page resume for the project manager and 1-page resume for each of the other key personnel, including subconsultants, which will be performing the majority of the work on this project/contract. Resumes for corporate leadership should not be included unless said individuals will be performing substantial work on this project. The designated Project manager shall be the primary contact with the City during the contract period and shall function in that capacity while employed by the firm. In addition, the City must approve changes of personnel.

References: Each consultant must include at least 3 agency references going back not more than five (5) years from the issuance of this RFP in which the consultant was engaged to perform tasks similar to those requested under this RFP. References should place an emphasis on past projects in which the personnel to be used by consultant for this project were deployed. The references should include the name, title and contract information of the public agency officer or employee responsible for overseeing the consultant's work.

Fee Schedule/Cost Proposal: Maximum 1-page detailed cost estimate for performing specific Tasks identified in the RFP and a schedule of rates for each proposed personnel that may be tasked to complete the project. The Task-specific cost estimate shall include an estimate of the number of hours per staff member by proposed task and clearly identify and hourly rate schedule for proposed staff. The proposal shall include the compensation structure for performing specific services identified in Task 1. The proposal shall also include costs and expenses related to photocopying, postage, travel, etc. (i.e. Reimbursement expenses, if any). To the extent that a proposal contemplates the use of the subconsultants to perform any one or more of the above described tasks on the consultant's behalf, the proposal shall include a List of Subconsultants identifying all subconsultants and state the fee for each subconsultant in the Fee Schedule under the appropriate Task under which the service will be provided. In so far as the proposer's proposal contemplates an increase in compensation rates or charges prior to the completion of Task 1, and during the term of the portion of the PSA or any extension term the proposal shall clearly indicate when such increases will take effect and by how much.

10. FEE
The Fee Cost Proposal shall be delivered in a separate sealed envelope which is plainly marked on the outside "Design Services of Fire Protection Alarm System Network" and addressed to the Request for Bid Page 19
Design Services of Fire Protection Alarm System Network above-mentioned location. The envelope shall contain the name and address of the consultant clearly marked on the outside.

11. QUESTIONS REGARDING THIS RFP
All questions regarding this RFB must be submitted via email:

Cesar Roldan, Director of Public Works
E-mail: [email protected]
Questions regarding this proposal shall be submitted via email by 5:00 PM, JUNE 6, 2022. In response to all questions received by this date, City may issue an Addendum and/or send out an email to all of the individuals that downloaded the RFP no later than June 13, 2022. The addendum and/or responses will be emailed to all RFP recipients on record.

12. PROPOSAL SUBMITTAL PROTOCOL
In order to be considered in the selection process, interested parties shall submit two (2) hard copies and one (1) electronic copy (flash drive) of their Proposals no later than 2:00 PM, JUNE 23, 2022, to:

City of Huntington Park - City Clerk's Office
Attn: Cesar Roldan, Director of Public Works
6550 Miles Avenue
Huntington Park, CA 90255
Late proposals may not be accepted.

13. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION The City shall not be liable for any pre-contractual expenses incurred by any consultant or by any selected consultant. Each consultant shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Pre-contractual expenses are defined as expenses incurred by consultants and the selected consultant, if any, in:
• Preparing and submitting information in response to this RFP Negotiations with the City on any matter related to this procurement • Costs associated with interviews, meetings, travel or presentations • All other expenses incurred by a consultant prior to the date of award and a formal notice to proceed.

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Design Services of Fire Protection Alarm System Network The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution, or only award a partial contract for a limited scope of work. The City reserves the right to request or obtain additional information about any and all proposals.

ATTACHMENTS:

ATTACHMENT 1 - IMPORTANT DATES
ATTACHMENT 2 - CITY'S STANDARD PROFESSIONAL SERVICE AGREEMENT ATTACHMENT 3 - CITY'S STANDARD INSURANCE REQUIREMENTS
ATTACHMENT 4 - SITE PLANS
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Design Services of Fire Protection Alarm System Network ATTACHMENT 1 - IMPORTANT DATES
RFP ISSUED May 13, 2022
MANDATORY PRE-BID MEETING: 9:00 AM May 31, 2022
REQUEST FOR INFORMATION DEADLINE: 5:00 PM June 6, 2022
RELEASE OF INFORMATION REQUESTED: 5:00 PM June 13, 2022 PROPOSAL DUE DATE/SUBMISSION DEADLINE: 2:00 PM June 23, 2022 TENTATIVE CITY COUNCIL AWARD DATE July 5, 2022
APPROXIMATE NOTICE TO PROCEED DATE July 11, 2022
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Design Services of Fire Protection Alarm System Network ATTACHMENT 2 - CITY'S STANDARD PROFESSIONAL SERVICE AGREEMENT

PROFESSIONAL SERVICES AGREEMENT
(Engagement: (SERVICE BEING PROVIDED))
entered is PiE IN SERIES AN at by and are the ce of
HUNTINGTON PARK, a California municipal corporation ("CITY") and [NAME OF CONSULTANT]: a California Corporation <INSERT OTHER FORM OF ENTITY> (hereinafter, "CONSULTANT"). For the purposes of this Agreement CITY and CONSULTANT are sometimes hereinafter Individual referred to as a "Party" and collectively referred to as "Parties"

RECITALS
This AGREEMENT is made and entered into with respect to the following facts:
consultant to SLY DESTRONG SERVICES OBE
PERFORMED):

SERVICES]; and
WHEREAS, CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees; and
et forth in this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Huntington Park City Council at its Regular Meeting of [DATEJ.

NOW, THEREFORE, for and in consideration of performance by the Parties of the mutual Folevants and conditions herein contained, the CITY and CONSULTANT agree as

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Design Services of Fire Protection Alarm System Network

1. ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in that certain document entitled "Scope of Services* and attached hereto as Exhibit "A" (hereinafter referred to as the "Scope of Services"). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and work necessary to ompetently perform and timely complete the services and tasks as set forth in th Scope of Services. For the purposes of this Agreement the aforementioned service and tasks set forth in the Scope of Services shall hereinafter be referred to generally

1.2IERM: The term of this Agreement shall commence at 12:00 a.m. on the Effective Date This Agreement shall have an initial term of [NUMBER] years commencing from the Effective Date unless terminated as provided elsewhere in this Agreement (hereinafter, the "Term"). The term of this Agreement shall expire at 11:59 p.m. on [INSERT DATE] (hereinafter, the "Expiration Date"), unless extended by written agreement or terminated in accordance with this Agreement. Upon the conclusion of the Term, this Agreement may be renewed for a [YEARS] year extension term, upon mutual agreement of the Parties and approval from City Council, unless either Party issues written notice sixty (60) days in advance of its intent not to authorize an additional extension term.
otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as further set out herein.

1.3 COMPENSATION: During the term of this Agreement and any extension term provided herein, CONSULTANT shall perform the Services set forth in Section 1.2 above, at the rates of compensation set forth in the Rate Schedule reflected in Exhibit "B". Subject to the CP Index Adjustment section of Exhibit "B", CONSULTANT further agrees that the total compensation for the Work shall not exceed the sum total of $ [AMOUNT]. (hereinafter, the "Contract Price"), and also not exceed the total sum of$|AMOUNT] DOLLARS per year /($[AMOUNT]) per month (hereinafter, the "Base Fee"). CONSULTANT shall not exceed the Contract Price unless such added expenditure is first approved by the CITY Council acting in consultation with the City Manager. In the event CONSULTANT's charges are projected to exceed the contract Price prior to the expiration or the term or any single extension term, CITY mateused in CoNSt 4, perring Cor approval or any anticipated expediteres in excess of the Contract Price or any other CITY-approved amendment to the

1.4 PAYMENT OF COMPENSATION: On the first of each month, CONSULTANT shall submit to CITY an itemized invoice for that month's Base Fee and indicating the additional services and tasks performed during the recently concluded calendar nonth. including services and tasks performed and the reimbursable out-of-pocke expenses incurred, If the amount of CONSULTANT's monthly compensation is a

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Design Services of Fire Protection Alarm System Network function of hours worked by CONSULTANT's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay any undisputed amounts. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the reasonable right to access and examine such records, without charge. CITY shall own and further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities

1.6 ABANDONMENT BY CONSULTANT In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all written materials, including any electronic communications, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages: costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.

PERFORMANCE OF AGREEMENT
21 CITY'S REPRESENTATIVES: The CITY hereby designates the City Manager (hereinafter, the "CITY Representative") to act as its representative for the performance of this. Agreement. The City Manager shall be the chief CITY Representative: The CITY Representative or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representative or their

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates [WHO CONSULTANT DESIGNATES] to act as its representative for the performance of this Agreement (hereinafter, "CONSULTANT
Apresentative shall have ul asturity to represent and at on behal or the CONSULTANT this Agreement.

Ror, using his best skil and tea on, and sail be responsible for al means Notice to the

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Design Services of Fire Protection Alarm System Network CONSULTANT Representative shall constitute notice to CONSULTANT.

CONSULTANT may, by written notice to CITY, advise CITY of any change in CONSULTANT Representative.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY. Representatives or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULT Tar CONSuLT is pr compenly and accordance
CONSULTANT shall perform all Work in a manner in accordance with this Agreement;
CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.):

D. CONSULTANT shall be knowledgeable and subject to CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command;
CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONSULTANT's employees and agents possess sufficient skill, assigned e, train by CoNSULTANT; te perform those services and tasks G. Except as otherwise set forth in this Agreement, all of CONSULTANT'S employees and agents including but not limited to subCONSULTANTs and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and The Parties acknowledge and agree that CONSULTANT shall perform, at caused by

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Design Services of Fire Protection Alarm System Network practicable upon their discovery or notice by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing, in accordance with CELERA applicable industry standards. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITy has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skilfully, competently and in accordance with applicable industry standards of CONSULTANT's profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the be undertaken by CONSULTANT or on behalf of
CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT'S duties or obligations under this Agreement without the prior written consent of the CITY. which consent shall not be unreasonably withheld. CITY shall have up to sixty calendar days to consider any proposed assignment by CONSULTANT CONSULTANT can withhold consent where the CITY determines that the proposed assignee does not have the financial capacity to comply with the terms of this Agreement. In the absence of CITY's prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.

2.6 CONTROL AND PAYMENT OF SUBORDINATES: INDEPENDENT CONSULTANT The Work shall be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent CONSULTANT basis and not as an employee.

CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT's exclusive direction and control. CONSULTANT shall pay all wages, CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax

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Design Services of Fire Protection Alarm System Network withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

2.8 BUSINESS LICENSE: Consultant shall obtain a City business license prior to commencing performance under this Agreement.

2.9 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if CONSULTANT is an out-of-stat corporation or LLC, it must be qualified or registered to do business in the State of California pursuant to section 2105 and 17451 of the California Corporations Code. The CITY, its officers and employees shall not be liable at law or equity occasioned by failure CONSULTANT to comply with this Section. CONSULTANT's compliance applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements. To the extent that any changes in applicable law result in an increase in CONSULTANT's cost of performance, the Parties shall negotiate in good faith to reach a mutually agreeable price adjustment. Should the Parties fail to reach such an agreement within 30 days (or such other agreeable time period) of CONSULTANT's notice to CITY of its increased cost of performance, either Party may terminate this Agreement upon 60 days' written notice.

In the event that water treatment violations occur following the effective date of this Agreement, subject to Sub-Section (b) of Section 7.25 below and the applicable Force Majeure provisions, the CONSULTANT shall, in respect of violations that may be imposed by Applicable Law and to the extent due to CONSULTANT's fault, be responsible for: fines, penalties, or damages. Prior to settlement or payment of any such fines, penalties or damages, the CONSULTANT reserves the right to contest government or private actions. suits or proceedings for violations through administrative procedures or otherwise.

II. To the extent that violations of applicable laws, rules, regulations or permits violations or damages, fines or penalties which result.

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Design Services of Fire Protection Alarm System Network

2.10 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any empiovee, subCONSULTANT, subconsultant or applicant for employment because of race. color, creed religion, sex, marital status. sexual onentation, national orain, ancestry ace, physical or mental disability or medical condition or sexual orientation. CONSULTANT will, in all solicitations or advertisements for emplovees placed by or on behalf of CONSULTANT state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color creed. religion, sex. marital status national origin, ancestry, age physical or mental handicap: medical condition or sexual orientation. CONSULTANT will cause the foregoing provision to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

2.11 CONFLICTS OF INTEREST: CONSULTANT covenants that it presently has no interest and shall not acquire any interest direct or indirect which may be affected by the services to be performed by CONSULTANT under this Agreement or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement CONSULTANT shall not perform any work for another person or entity for whom CONSULTANT was not working at the Effective Date if both (i) such work would require CONSULTANT to abstain from a decision under this Agreement pursuant to a conflict of interest statute, and (i) CITY has not consented in writing prior to CONSULTANT'S performance of such work:

2.12 PERSONNEL: CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by CONSULTANT or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. CONSULTANT reserves the right to determine the assignment of its own employees to the performance of CONSULTANT'S services under this Agreement. but CITY reserves the right, for good cause to require CONSULTANT to exclude anv employee from performing services on CITY'S premises. Name of individual> shall be CONSULTANT'S project administrator and shall have direct responsibility for manacement of CONSULTANT'S performance. under this Agreement. No change shall be made in CONSULTANT'S project administrator without CITY'S prior written consent.
material ("written products") developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation Upon its use or dissemination by CITY, CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subiect of a copyright application by CONSULTANT.

2.14 CITY RESPONSIBILITIES: During the term of this Agreement, the CITY shall:

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Design Services of Fire Protection Alarm System Network a)
comply with Applicable Law relating to the management, ownership operation, maintenance, repair and replacement of the Facilities (to the IlL.

INDEPENDENT CONTRACTOR

3.1 INDEPENDENT CONSULTANT STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained ar employed by CONSULTANT are, and shall at all times remain, wholly independent CONSULTANTs and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONSULTANT.

SUBCONSULTANT. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, norto incur any obligation, debt or liability of any kind on behalf of, or against.

CITY whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing. Neither the CITY nor any of its elected officials, officers or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of the CITY.

Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONSULTANT, CONSULTANT'S employees or CONSULTANT'S subcontractors for injury or sickness arising out of performing services hereunder. Further. the CONSULTANT is not entitled to any benefit typically associated with an employee, such as medical, sick leave or vacation benefit.

3.2 The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

3.3 CITY shall not deduct from the compensation paid to CONSULTANT any sums required for Social Security, withholding faxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONSULTANT. CITY shall have no responsibility to provide CONSULTANT, its employees or subcontractors with workers' compensation or any other insurance.

Page X of 23
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Design Services of Fire Protection Alarm System Network IV.

INSURANCE

4.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain polices of insurance that meet the requirements and specifications set forth under this Article.

CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:

A Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as injury, property damage, operations, products and completed operations, and contractual lability.

Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California. However, if the CONSULTANT has no employees, for example a sole practitioner or a partner in a firm with only contracted support staff, then Workers' Compensation is not required by the State. CONSULTANT shall the city's form stating they are either the owner of the organization or a partner, and are exempt from the State's workers' compensation requirements because they have no employees and agree to hold the Entity harmless from loss or liability for such. A waiver must be signed.

4.2 ADDITIONAL INSURED REQUIREMENTS: The CL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

4.3 The Entity, Its officers, officials; employees, and volunteers are to be covered as 4 REQUIRED CARRIER RATING: All varieties of insurance required under thi greement shall be procured from insurers admitted in the State of California ar

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Design Services of Fire Protection Alarm System Network authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VIl. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

4.5 PRIMACY OF CONSULTANT'S INSURANCE: All polices of insurance provided by CONSULTANT shall be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT's insurance and shall not contribute with it.

4.6 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subCONSULTANTs or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.

4.7 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement
insurance required under this Article is critical to safeguarding CITY's financial well- being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any work or any of the Work. Upon CITY's written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.

V.

INDEMNIFICATION

5.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to this Agreement subjeot to Paragraph 5.2 and 5.3 Accordingly, the provisions of this indemnity provision are intended by the Parties tr e interpreted and construed to provide the CITY Indemnitees with the fulles protection possible under the law. CONSULTANT acknowledges that CITY would not

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Design Services of Fire Protection Alarm System Network enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein.

5.2 Work of CONSULTANT's Design Professionals Services: Except for direct claims by the Parties against each other, the duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a "design professional within the meaning of subsection (c)(2) of section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance work or activities that must be performed by a "design professional." Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss. damage. expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or wilfful misconduct of CONSULTANT or any of CONSULTANT's officers, employees, servants, agents, CONSULTANTs, subCONSULTANTs or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in section 2778 of the California Civil Code. CONSULTANT's obligation to indemnify applies except to the extent that it is finally adjudicated that the liability was caused by the active negligence or sole wiliful misconduct of an indemnified party If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT'S indemnification obligation shall be reduced in proportion to the established comparative liability.

5.3 Work of All Other Persons/Non-Design Professionals: Except for direct claims by the Parties against each other and as otherwise provided under Section 5.:2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend (with counsel of the CITY'S choosing) and hold harmless the CITY Indemnitees from and against all claims, demands, lawsuits, defense costs, civil, penalties, expenses. causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property of every nature arising out of, pertaining to, or caused by CONSULTANT's negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT's officers, employees, servants, CONSULTANT, SUBCONSULTANTs or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost to the extent caused by the negligence or willful misconduct of any or all of the City Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this

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Design Services of Fire Protection Alarm System Network subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.

5.4 CONSULTANT shall reimburse CITY Indemnitees, for any and all legal expenses either (i) pay taxes on amounts received pursuant to this Agreement or (i) comply with applicable workers' compensation laws.

5.5 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers.

5.6 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subCONSULTANT or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or CONSULTANT's subCONSULTANTs or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement, Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

5.7 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, .8 This Article and all provisions contained herein (including but not limited to the dut o indemnify, defend and hold free and harmless) shall survive the termination Which the CiTy mat thave at law or in ed is in adition to any other rights or remedies

5.9 PERS ELIGIBILITY INDEMNITY: In the event that the CONSULTANT or any

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Design Services of Fire Protection Alarm System Network d hold harmless the CITY for the payment of any employee and/or employ intributions for PERS benefits on behalf of the CONSULTANT or its employer Votwithstanding any other agency, state or federal policy, rule, regulation, law o ordinance to the contrary, the CONSULTANT and any of its employees, agents, and VI.

TERMINATION

6.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar day's prior written notice of CITY's intent to terminate this Agreement.

CONSULTANT shall have the right to terminate this Agreement for any reason on sixty (60) calendar days' written notice CITY. CONSULTANT'S notice of termination without cause shall specify the effective date of such termination, which effective date shall not be less than 90 days from the written notice. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 7.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 6.2, below, shall operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.

6.2 EVENTS OF DEFAULT: BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notioe") which shall specify: (i) the nature of the Event of Default; (il) the action required to cure the Event of Default; (il) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 6,2.B and 6.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event

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Design Services of Fire Protection Alarm System Network of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30- day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 6.2B.ii that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Services; (i) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONSULTANT's and/or its employees' disregard or violate any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT. whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any material covenant, condition, obligation or provision of this and/or (vii) CITY's discovery that a statement representation o warranty by CONSULTANT relating to this Agreement is false, misleading or C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior l'age 14 ot 23
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Design Services of Fire Protection Alarm System Network to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4; above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY
D. Either Party may also immediately suspend performance under this Agreement pending the Defaulting Party's cure of any Event of Default by giving said Party:
written. notice of the Party's intent to suspend performance (hereinafter, a "Suspension Notice"). A Party may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT in accordance with this Agreement up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

E No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, 1 service outs ly are or parad a pay chai re the one.

F. The duties and obligations imposed under this Agreement and the rights and remedies avalable hereunder shal be in addition to and not a limitation of anv duties, obligations, rights and remedies otherwise imposed or available by law. in addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies.

Upon a thirty 30) day written notice to CONSULTANT, the CITY may terminate this Agreement in whole or in part,
Upon written notice to CONSULTANT. the CITY may extend the time of performance;
The CITY may exercise any other available and lawful right or remedy.

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Design Services of Fire Protection Alarm System Network

6.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall .4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its tern normal expiration of this Agreement
VII.

MISCELLANEOUS PROVISIONS

7.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY:

Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all materials, equipment, reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT shall require all subcoNSULTANTs and subCONSULTANT working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subCONSULTANT or subCONSULTANT as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

7.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT shall not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similal

7.3 NON-LIABILITY OF OFFICIAL AND EMPLOYEES OF THE CITY: No official of employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may become due to

CONSULTANT

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Design Services of Fire Protection Alarm System Network

7.4 WARRANTIES: Each of the Parties represents and warrants to one another as follows:

A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the fallure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and C. It is agreed that each party has the full right and authority to enter into this agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

7.5 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court ol tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq

7.6 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:
[NAME AND ADDRESS] City of Huntington Park
[DEPARTMENT)
6550 Mile Avenue
Huntington Park, CA 90255
Attn: [REP FOR CITY, TITLE
Phone: (626) XXXXX
Fax: (626) XXXXX
prepaid and addressed to the Party at its applicable address. .7 COOPERATION, FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is

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Design Services of Fire Protection Alarm System Network reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

7.8 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subCONSULTANTs), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement with the exception of provisions relating to insurance requirements and indemnification.

7.9 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other CONSULTANTs in connection with the various projects worked upon by CONSULTANT.

7.10 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement.

Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANI, any fee, commission, percentage, brokerage tee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

7.11 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

7.12 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, the venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

7.13 ATTORNEYS FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with thi greement, the prevailing Party in such litigation shall be entitled to have and recove from the losing Party reasonable attorneys' fees and all other costs of such action.

7.14 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

7.15 NO THIRD PARTY EEmed There are is tended third pa bey bene underes it any right or obligation assumed by the Parties.

Agreement inure exclusively to the Parties.

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Design Services of Fire Protection Alarm System Network

7.16 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
f.1 SEVERABILITY: If any section, subsection, sentence, clause or phrases of this Agreement, orthe application thereof to any of the Parties, is for any reason declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby and may be enforced by the Parties to the Agreement.

7.18 NON-WAIVER: The waiver by CITY or CONSULTANT of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term covenant or condition herein contained. In no event shall the making by CITY of any payment to CONSULTANT constitute or be construed as a waiver by CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by CITY with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by CITY or CONSULTANT unless in writing

7.19 AMENDMENT: MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments. modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

7.20 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.

7.21. INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.

7.22 MISCELLANEOUS.

A. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

B. The representations and warranties made by the Parties to this Agreement shall survive the consummation of the transaction herein described.

C. The respective duties and obligations of the Parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, goverment action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due

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Design Services of Fire Protection Alarm System Network D. Each Party has cooperated in the drafting and preparation of this Agreement.

Therefore, this Agreement shall not be construed against any Party on the basis such Party drafted this Agreement or any provision within it

7.24 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the two remaining counterparts shall remain with the City for archiving and day- to-day reference by the department responsible for administering the Agreement on the City's behalf.

7.25 Notwithstanding any provision to the contrary contained in this Agreement, in no event shall either party be liable for punitive damages.

7.26 FORCE MAJEURE. A party's performance of any obligation under this Agreement shall be excused if, and to the extent that, the party is unable to perform because of any event of Force Majeure. In any such event, the party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder.

Majeure" herein means an event which is beyond the reasonable control of a party, including without limitation: (a) acts of God; (b) flood, fire, earthquake, hurricane or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, rot or other civil unrest; (d) government order or law that prevents CONSULTANT from performing its obligations as set forth in this Agreement; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) is brigations as er me an it gry that i g a color in emerger strikes, labor stoppages or slowdowns or other industrial disturbances, other thar those involving the affected parties employees:| (i) shortage of adequate power of transportation facilities.
[SIGNATURE PAGE TO FOLLOW]

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Design Services of Fire Protection Alarm System Network IN VITIES CArED, A Pate agro have aused his Agreemento be executed CITY OF HUNTINGTON PARK: [NAME OF CONSULTANTI
By:_ By:
[REP FOR CITY]
(TITLE] Name
Title:

APPROVED AS TO FORM:

By:

City Attorney

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Design Services of Fire Protection Alarm System Network EXHIBIT "A"

SCOPE OF WORK
(SEE ATTACHED)
Page IC of 33
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Design Services of Fire Protection Alarm System Network ATTACHMENT 3 - CITY'S STANDARD INSURANCE REQUIREMENTS
Office of the City Clerk

INSURANCE REQUIREMENTS
The City of Huntington Park requires that applicants must submit to the Office of the City Clerk proof of Liability Insurance in the following amounts:

Coverage shall be at least as broad as:
• General Liability - Minimum Limits of: (Pending Event). • $1,000,000 per occurrence and $2,000,000 general aggregate; • $2,000,000 per occurrence and $4;000,000 general aggregate; or • Other:
for bodily injury, personal injury and property damage, including operations; products and completed operations
• Automobile Liability - if vendor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage. (Note - required only if auto is used in performance of work) • Workers Compensation - required by the State of California, with statutory limits; and employer's liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Note - required only if vendor has employees) *Special Events serving/selling alcohol must also include Liquor Liability (limits will vary depending on event type)
The General Liability policy is to contain, or to be endorsed to contain the following:
• The City of Huntington Park, its officers, officials, employees, and volunteers are to be covered as additional insureds.

Special Event Holder or Permittee shall hold harmless, defend and indemnify Entity and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the Request for Bid Page |35
Design Services of Fire Protection Alarm System Network Certificate Holder:
• City of Huntington Park, 6550 Miles Avenue, Huntington Park, CA 90255 Acceptability of Insurers:
• With a curent AM. Best mating or les han A Vi, unles theis ace late to the Entity.

A typed legible name of the Authorized representative must accompany the signature on the certificate of insurance and/or the true and certified copy of the policy

THE ENDORSEMENT PAGE MUST ACCOMPANY THE ACORD FORM
CERTIFICATE OF LIABILITY.

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Design Services of Fire Protection Alarm System Network

SUBJECT TO CHANGE ACCORDING TO EVENT
Must have
DATE a Contact
Name &
ACORD CERTIFICATE OF LIABILITY INSURANCE Ploite
THIS CERTFICATE IS ISSUED AS A MATTER OF FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS munteror ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OP. ALTER THE COVERAGE AFFORDED SY THE POLICIE email BELOW. HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZE addres

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT. the certicate holter la an ADDITIOHAL INSURED. the policy(ic) must tave ADDITIONAL INSURED provisione or be andoned:

IF SUBROGATION IS WAIVED, aubject to the tors and conditions of the pollcy, carain policles may require an endorsement. A statement ot his cerancate dose not confer rights to the certaticate holder in tsu or such endoraementre).

PRODUCEA
Agent or Broker
Name & Address Insuzance

TURERS ART ORGO COVERAGE
• Company
1230n50
Nameis)
Insured Name & Address
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

ISBLED TO THE IL RED NAMED ABOVE FOR THE POLICY PER DO General Liab.

THE INSURANCE
POUSY HUNDER 1srts
| CUMMERCIAL GENERAL LABITN Damare to Rested
Must Peme
Current $1.000,000
Policy Number Policy Period Mad Exe: $5,000
eifher a PERSONAL DAOY ULE
Inju: $1,000,000
"g" Gerie al Aggrig ase:

ALTONOMA LABLTY $4.000,000
ROSEMARY FEE LED! Combured Product,
Policy Number Currert Policy Simele $1,000,000
Period Limit
$1,000,000

DON LAB ACCREDATE

WORKERS COMPENSATON
Policy Number Current Policy Each
Period E BAEMINEN
acadenti
$1,000,000
"The City of Huntington Park, its officers, officlals, employees, and volunteers are to be covered as additional insureds."

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLIOSES SE CANCELLED BEFORE City of Huntington Park
6550 Miles Avenue

AUTHORIZE PAPRESENTATIVE
Huntington Park, CA 90255 SIGNATURE
© 1998-2015 ACOND CORPORATION. All nghts reserved
ACORD 25(201 6/03) The ACORD name and logo are registered marks of ACORD Must be in ACCORD 25 (2016/03) or ACCORD 25 (2014/01) any other form will NOT be acceptable 1523684-1290
Request for Bid Page |37
Design Services of Fire Protection Alarm System Network POLICY NUMBER: COMMERCIAL GENERA 112 ULT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided ander the following:

COMMERCIAL GENERAL. LIABILITY COVERAGE PART

SCHEDULE
State Or Governmental Agancy Or Subdivision Or Poiltical Subdivision:
"The City of Huntington Park, its officers, officials, employees, and volunteers are to be covered as additional insureds."
Information required to complete this Schedule.if not shown above, will be shown in the Declarations.

A. Suction Il - Who Is An Insured is amended to 2. This insurancs does not apply to:
include as an additional insured any state or a Bodlly injury". "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision shown in the Schedule, subject to the of operations perforned for the federal following provisions: government, state or municipality; of

1. This insurance applies only with respect to b. "Bodily injury" or "proparty damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard. subdivision or political subdivision has issued a
permit or authorization. B. With respect to the insurance afforded to these addtional insureds, the following is added to
However: Section Ill - Limits Of Insurance:
a The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent peritted required by a contract or agreement, the most we by law. and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance:
insured is required by contract or

1. Required by the contract of agreement: or
agroament, the insuraned affordad to such
addiional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract insurance shown in the Daclarations; or agreement to provide for such additional whichever is less. insured. endorsement shal not Increase
This the
appicable Limits of Insurance shown in the
Declarations.

CC20 12 04 13 @ Insurance Services Office, Inc.. 2042 Page 1 of 1 Request for Bid Page |38
Design Services of Fire Protection Alarm System Network ATTACHMENT 4 - SITE PLANS

CLERKIN

CLERKIN
Expansion Hall
Building
City of Huntington Park
C.I. Project No: 0G-020A
E1 8-10-12

VESTAUR
O22O1

COND LING PAAN MEN AS BEE
Appeared Ix Owner by
HE Ansa
POWER

REFERENCE NOTES FLOOR PLAN
• COSTING ME MAISE CONTROL, PAND TASE".
• DOSING LO-IDE COVERE PANEL 108".
3 CONNECT TO 4.1GKN, 200V, IPH ELEC. YATER HEATER.

Sheet Nurober
POWER FLOOR PLAN E-4
1 SHE WANTO
smell-on set to
DOOK 1L00%
ill
...

EIY WONGER
edic stito:.
olo
GAN ONCE 28
nuance sorce
20107
22039
* D086Iє 3AACE
1000y5 enane намит
GEr goes 129
GER OMICE 18E

BY LATE
Wl loterven Reur to Alom103, Phoed Estrance
400 isla
CITY HALL GO. HIRST TLOOR PLAN
LIPST /L00R PLAN. H82/9/58
rey of Secone 11008
- Fearman
N
O:
ef e4
BRL-G IL CONERES SPRLEL ArU'
com
OET. AT TYPE 8 00005. Mae 1v.

COONGIL CRANOCO DE
DETAIL - MORTR STAIDMAY SECTION A.4

CITY HALL (O) SECOND TLOOD PLAN
PENTIC
SECOND LLOOR PLAN.
d n. Bosedmey Mre ea
255,. 1. VriR Imane
gimg

OOD WRICLE
Pasirdada

HUNTINGTON PARK, CALIFORNA

URCHITECTURE ENGIHEERING PLANNING HUNTINGTON PARK RECREATION BUILDING

DAVE SZANY & ASSOCIATES TOILET & SHOWER ROOM REMODEL FOR

GIRLS GYMNASIUM

COYS GYMNASIUM

DIRECTOR OF OFFICE
GYMNASIUM EQUIPMENT STORAGE LOUNDGE SCALE 18°= 1:e°

A FOUNTAN
не.

KITCHEN

SOCIAL ROOM
Main Park Recreation Building

FLOOR PLAN
(COPYRONT
UT%.

Public Works Corporate Yard
OR 20° TYP.
tELL MACRE INDICATED
16K wald - T
90 DEGREE PARKING STALL DETAIL
100-HTT IVO PACE STALLS 133HLS
18: 0R 20 TYP
SINGLE 4' LINE

ANGLED PARKING STALL DETAIL
TYPICAL PARKING STALL •Y• OR • •

IN THE FIELD BY CONTRACTOR NED DN

COURDINATION VITH AND APPROVAL OF
THE CITY ENGINEER'S DEFICE. FOUR INCH

WIDE WHITE STRIPES

PARALLEL PARKING STALL DETAIL

ENGINEERING REPARTMENT

STRIPING PLAN

THE GUY WANT ANGE YARD
MAN 02-008