CITY OF
HUNTINGTON PARK
City Council
Regular Meeting
Agenda
Tuesday, February 20, 2024
6:00 p.m.
City Hall Council Chambers
6550 Miles Avenue, Huntington Park, CA 90255
Marilyn Sanabria
Mayor
Karina Macias Arturo Flores
Vice Mayor Council Member
STON
Eduardo "Eddie" Martinez Graciela Ortiz
Council Member Council Member
All agenda items and reports are available for review in the City Clerk's Office and www.hpca.gov. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk located at 6550 Miles Avenue, Huntington Park, California 90255 during regular business hours, 7:00 a.m. to 5:30 p.m., Monday - Thursday, and at the City Hall Council Chambers during the meeting.
Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the City Clerk's Office either in person at 6550 Miles Avenue, Huntington Park, California or by telephone at (323) 584-6230.
Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
PLEASE SILENCE ALL CELL PHONES AND OTHER ELECTRONIC
EQUIPMENT WHILE COUNCIL IS IN SESSION. Thank you.
PLEASE NOTE--The numerical order of items on this agenda is for convenience of reference.
CITY COUNCIL MEETING AGENDA
February 20, 2024 Page 1 of 8
Items may be taken out of order upon request of the Mayor or Members of the City Council.
Members of the City Council and the public are reminded that they must preserve order and decorum throughout the Meeting. In that regard, Members of the City Council and the public are advised that any delay or disruption in the proceedings or a refusal to obey the orders of the City Council or the presiding officer constitutes a violation of these rules. • The conduct of City Council meetings is governed by the portion of the California Government Code commonly known as the "Brown Act" and by the Huntington Park City Council Meeting Rules of Procedure.
• The City Council meeting is for conducting the City's business, and members of the audience must obey the rules of decorum set forth by law. This means that each speaker will be permitted to speak for three minutes to address items that are listed on the City Council agenda or topics which are within the jurisdictional authority of the City.
• No profanity, personal attacks, booing, cheering, applauding or other conduct disruptive to the meeting will be permitted. Any person not adhering to the Rules of Procedure or conduct authorized by the Brown Act may be asked to leave the Council Chambers.
• All comments directed to the City Council or to any member of the City Council must be directed to the Mayor (or Chairperson if Mayor is absent).
We ask that you please respect the business nature of this meeting and the order required for the proceedings conducted in the Council Chambers.
PUBLIC COMMENT
For both open and closed sessions, each speaker will be limited to three minutes per Huntington Park Municipal Code Section 2-1.207. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another. This is the only opportunity for public input except for scheduled public hearing items.
All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
ADDITIONS/DELETIONS TO AGENDA
Items of business may be added to the agenda upon a motion adopted by a minimum two- thirds vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon the request of staff or Council.
IMPORTANT NOTICE
The City of Huntington Park shows replays of City Council Meetings on Local Access Channel 3 and over the Internet at www.hpca.gov. NOTE: Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice,
CITY COUNCIL MEETING AGENDA
February 20, 2024 Page 2 of 8
CALL TO ORDER
ROLL CALL
Mayor Marilyn Sanabria
Vice Mayor Karina Macias
Council Member Arturo Flores
Council Member Eduardo "Eddie" Martine:
Council Member Graciela Ortiz
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATIONS)
1. RECOGNITION OF THE LATE FORMER MAYOR OF HUNTINGTON PARK JIM
ROBERTS
2. RECOGNITION OF LOCAL EDUCATOR, VOLUNTEERS, AND OTHER
RECOGNITIONS
3. AMERICAN HEART MONTH PROCLAMATION
PUBLIC COMMENT
Pursuant to Government Code Section 54954.3(a) Members of the public will have an opportunity to address the City Council on items listed on this agenda. For items on this agenda each speaker will be limited to three minutes per Huntington Park Municipal Code Section 2-1.207. Time limits may not be shared with other speakers and may not accumulate from one period of public
STAFF RESPONSE
RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Consideration of one (1) potential case
CLOSED SESSION ANNOUNCEMENT
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for separate action.
CITY COUNCIL MEETING AGENDA
February 20, 2024 Page 3 of 8
CITY CLERK
1. CITY COUNCIL MEETING MINUTES
RECOMMENDED THAT CITY COUNCIL:
Approve Minute(s) of the following City Council Meeting(s):
1. Regular City Council Meeting held February 6, 2024
FINANCE
2. CHECK REGISTERS
RECOMMENDED THAT CITY COUNCIL:
1. Approve Accounts Payable and Payroll Warrant(s) dated February 20, 2024
END OF CONSENT CALENDAR
REGULAR AGENDA
COMMUNITY DEVELOPMENT
3. APPROVAL OF FILMING AT THE COURTHOUSE BUILDING AND RENTAL
CONTRACT
RECOMMENDED THAT CITY COUNCIL:
1. Authorize filming at the City of Huntington Park Courthouse Building; and
2. Authorize the City Manager to prepare and execute an agreement with Netflix Productions, LLC
CONSIDERATION AND APPROVAL OF RESOLUTION 2024-XX TO
PARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM AND
COOPERATE WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY
RECOMMENDED THAT CITY COUNCIL:
1. Approve Resolution 2024-02 to participate in the National Flood Insurance program and cooperate with the federal emergency management agency.
2. Authorize the Community Development Department to begin processing a floodplain management ordinance that meets or exceeds the minimum National Flood Insurance management programs criteria.
CONSIDERATION AND APPROVAL FOR INNER CITY VISIONS (ICV)
CITY COUNCIL MEETING AGENDA
February 20, 2024 Page 4 of 8
FUNDING FROM THE PERMANENT LOCAL HOUSING ALLOCATION
(PLHA) FOR FISCAL YEARS (FY) 2025-2026, FY 2026-2027, AND FY 2027- RECOMMENDED THAT CITY COUNCIL:
1. Award a Three (3) year professional service agreement (PSA), pending the approval of the PLHA grant, Inner City Visions to provide homeless outreach services tor a not-to-exceed amount of $421,378.91;
2. Authorize City staff to electronically submit the ICV Contract in the PLHA Application to the California Department of Housing and Community Development, California Service-Now Portal (CSP).
3. Amend the Fiscal Year 2023-2024 Budget in accordance with the approved Fiscal Year allocation of funds
CONSIDERATION AND APPROVAL TO AWARD PROFESSIONAL
SERVICES AGREEMENT TO HUB CITIES CAREER CENTER TO CREATE
EMPLOYMENT OPPORTUNITIES FOR RESIDENTS
RECOMMENDED THAT CITY COUNCIL:
1. Award a One (1) year professional service agreement (PSA) to Hub Cities Career Center to create employment opportunities for residents.
2. Authorize the City Manager to execute the PSA
CONSIDERATION AND APPROVAL TO AMEND THE MICHAEL BAKER
INTERNATIONAL, INC. FOR PROFESSIONAL SERVICES RELATED TO
THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CARES ACT
(CV), AND THE HOME INVESTMENT PARTNERSHIP ACT (HOME) GRANT
ADMINISTRATION
RECOMMENDED THAT CITY COUNCIL:
1. Authorize an amendment for professional services related to the CDBG- CV and HOME grant administration and
2. Authorize the City Manager to execute the amendments
CITY COUNCIL MEETING AGENDA
February 20, 2024 Page 5 of 8
PUBLIC WORKS
8. CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION
CONTRACT FOR FIRE PROTECTION ALARM SYSTEM PROJECT FOR CITY
HALL AND OTHER CITY BUILDINGS
RECOMMENDED THAT CITY COUNCIL:
1. Award Jam Corporation the construction contract for Fire Protection alarm system for a not-to-exceed amount of $983,900.00.
2. Authorize the Finance Department to provide the funding source, account number(s) and project code for this specific project in order to process project invoices; and
3. Authorize the City Manager to execute the construction contract agreement.
9. CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION
CONTRACT FOR CIP 2021-04 WELL NO. 16 AND PUMP STATION
IMPROVEMENTS PROJECT
RECOMMENDED THAT CITY COUNCIL:
1. Award the contract to R2BUILD dba R2B Engineering for the construction of CIP 2021-04 Well No. 16 and Pump Station Improvements Project as the lowest responsive and responsible bidder for a not-to-exceed amount of $1,199,379 payable from Account No. 681-8030-461.73-10 ($1,199,379.00); and
2. Approve a fifteen percent (15%) construction contingency in the amount of $179,906.85 payable from Account No. 681-8030-461.73-10 ($179,906.85); and
3. Authorize the City Manager to execute the construction contract agreement and all applicable change orders in good faith
10. CONSIDERATION AND APPROVAL TO AWARD PROFESSIONAL SERVICES AMENDMENT No. 1 TO PROVIDE ARCHITECTURAL SERVICES FOR THE
EMERGENCY OPERATIONS CENTER
RECOMMENDED THAT CITY COUNCIL:
1. Award amendment No. 1 as it relates to Architectural Services for the Emergency Operations Center, to Infrastructure Architects for a not-to-exceed amount of $99,500.
2. Authorize the City Manager to execute the Amendment.
CITY COUNCIL MEETING AGENDA
February 20, 2024 Page 6 of 8
11. CONSIDERATION AND APPROVAL TO PERFORM EMERGENCY REPAIRS TO
THE PUMPING AND BOOSTER EQUIPMENT OF WATER PRODUCTION WELL NO. 14
RECOMMENDED THAT CITY COUNCIL:
1. Pursuant to Municipal Code Section 2-5.13 Emergency purchase, authorize the City Manager, Public Works Director and Finance Director to proceed without solicitation of bids to a contract for the removal and replacement of the pumping and booster equipment at Water Production Well No. 14;
2. Authorize the payment to General Pump Co. for the services and equipment necessary to perform the work for a not-to-exceed amount of $26,548.24 payable from Account No. 681-8030-461.43-30; and
• Authorize thor arent to lilint or 37 Corporal or he purchas o- 461.43-30 and;
4. Authorize the City Manager to sign all applicable documents.
12. CONSIDERATION OF THE CITY OF HUNTINGTON PARK'S PERMANENT
LOCAL HOUSING ALLOCATION (PLHA) - GRANT APPLICATION
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Authorize Staff to apply for PLHA Grant funds in the amount of $ 2,686,264.00.
2. Authorite or Cly Ma Depto exe of aleing a doCummunity Development
3. Authorize City staff to electronically submit the PLHA Application to the California Department of Housing and Community Development, California Service-Now
4. Amar alocation al Yund 2023-2024 Budget in accordance with the approved Fiscal
END OF REGULAR AGENDA
DEPARTMENTAL REPORTS
WRITTEN COMMUNICATIONS
COUNCIL COMMUNICATIONS
CITY COUNCIL MEETING AGENDA
February 20, 2024 Page 7 of 8
Council Member Graciela Ortiz
Council Member Eduardo "Eddie" Martinez
Council Member Arturo Flores
Vice Mayor Karina Macias
Mayor Marilyn Sanabria
ADJOURNMENT
The City of Huntington Park City Council will adjourn the meeting in memory of former Mayor of Huntington Park Jim Roberts to a Regular Meeting on Tuesday, March 5, 2024, at 6:00 P.M.
, Eduardo Sarmiento, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted at City of Huntington Park City Hall ano made available at www.hpca.gov not less than 72 hours prior to the meeting. Dated this 16th day of February 2024.
She St
Eduardo Sarmiento, City Clerk
CITY COUNCIL MEETING AGENDA
February 20, 2024 Page 8 of 8
ITEM 1
MINUTES
Meeting of the
City of Huntington Park City Council
Tuesday, February 6, 2024
The regular meeting of the City Council of the City of Huntington Park, California was called to order at 6:01 p.m. on Tuesday, February 6, 2024, in the Council Chambers at City Hall, 6550 Miles Avenue, Huntington Park, California; Vice Mayor Karina Macias presiding.
PRESENT: Council Member(s):Graciela Ortiz Eduardo "Eddie" Martinez., Vice Mayor Karina Macias
ABSENT: Council Member(s): Flores and Mayor Sanabria
CITY OFFICIALS/STAFF: City Manager Ricardo Reyes; Eduardo Sarmiento, City Clerk; Cosme Lozano Police Chief; Steve Foster Director of Community Development; Sergio Infanzon Director of Communications; Cynthia Norzagaray Director of Parks and Recreation; Araceli Almazan City Attorney.
INVOCATION
Vice Mayor Macias led the invocation.
PLEDGE OF ALLEGIANCE
Council member Ortiz led the Pledge of Allegiance.
PRESENTATION(S)
Prior to presentations Vice Mayor Macias announced that the presentation listed on the agenda will be moved to the Regular meeting on February 20, 2024 due to inclement weather.
RECOGNITION OF LOCAL EDUCATOR, VOLUNTEERS, AND OTHER
RECOGNITIONS
PUBLIC COMMENTS
The following person provided public comment:
1. Scot Binton
2. Myra Casteneda
3. Sonia Rodriguez
STAFF RESPONSE
NONE
At the conclusion of public comment Vice Mayor requested a motion to move item five (5) forward on the agenda to be deliberated on prior to closed session.
At the conclusion of public comment Vice Mayor requested a motion to move item five (5) forward on the agenda to be deliberated on prior to ciosed session.
MOTION: Council member Ortiz move to item five (5) forward on the agenda to be deliberated on prior to closed session, seconded by Council member Martinez. Motion carried by unanimous consent.
AYES: Council Member(s): Ortiz, Martinez, and Vice Mayor Macias NOES: None
ABSENT: Council Member(s) Flores and Mayor Sanabria
COUNCIL
RESOLUTION URING PRIME HEALTHCARE TO REINSTATE EMPLOYMENT
OF THE NINE REGISTERED NURSES AND FRONTLINE HEALTHCARE
WORKERS AT PRIME ST. FRANCIS MEDICAL CENTER IN LYNWOOD
MOTION: Council member Ortiz moved to submit a letter of support and adopt a Resolution urging Prime Healthcare to reinstate employment of the nine registered nurses and frontline healthcare workers at prime St. Francis medical center in Lynwood, seconded by Council member Martinez. Motion carried by unanimous consent.
AYES: Council Member(s): Ortiz, Martinez, and Vice Mayor Macias NOES: None
ABSENT: Council Member(s) Flores and Mayor Sanabria
CLOSSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Consideration of one (1) potential case
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54957.9(d)(1)
ESTATE OF ANGELA MELONCON, by and through, DEBORAH BELL, etc. vs. City of Huntington Park
Los Angeles Superior Court Case No. 23STCV16704
Attorney Araceli Almazan stated that it is appropriate to recess to closed session. Vice Mayor Macias recessed into closed session at 6:17 p.m.
Vice Mayor Macias reconvened the Council meeting from Closed Session at 6:56 p.m.
CLOSED SESSION ANNOUNCEMENT
City Attorney Almazan reported that the record should reflect that with three (3) members of the City Council present, Council members Ortiz, Martinez, and Vice Mayor Macias the two (2) items on the closed session agenda were discussed. Regarding the two (2) items on the closed session agenda, the City Council was briefed but no final action was taken. This concluded the closed session report.
CONSENT CALENDAR
CITY CLERK
MOTION: Council member Martinez moved to approve the consent calendar, seconded by Council member Ortiz. Motion carried by unanimous consent.
AYES: Council Member(s): Ortiz, Martinez, and Vice Mayor Macias NOES: None
ABSENT: Council Member(s) Flores and Mayor Sanabria
1. CITY COUNCIL MEETING MINTUES
Approve Minute(s) of the following City Council Meeting(s):
1. 1. Regular City Council Meeting held December 19, 2023
2. Regular City Council Meeting held January 16, 2024
FINANCE
2. CHECK REGISTER
RECOMMENDED THAT CITY COUNCIL:
1. Approve Accounts Payable and Payroll Warrants) dated February 6, 2024
END OF CONSENT CALENDAR
REGULAR AGENDA
FINANCE
Prior to item three (3) of the agenda Vice Mayor Macias stepped away from the dais.
FISCAL YEAR 2024 BUDGET STATUS REPORT AS OF DECEMBER 31, 2023 MOTION: Council member Ortiz moved to adopt a resolution to receive and file the FY 2024 Q2 Budget Status report as of December 31, 2023; and approve ippropriations and inter-departmental budget transfers; and authorize the Directo f Finance in coniunction with the City Manager to alion the department budgets wit lepartment expenditures through budget transfers, seconded by Council membe Martinez. Motion carried by unanimous consen
AYES: Council Member(s): Ortiz, Martinez, and Vice Mayor Macias NOES: None
ABSENT: Council Members) Flores and Mayor Sanabria
CITY MANAGER
CONSIDERATION AND APPROVAL OF AMERICAN RESCUE PLAN ACT
(ARPA) SPENDING PLAN
MOTION: Council member Martinez moved to approve the American Rescue Plan Act (ARPA) Spending Plan for the following capital improvement projects; and authorize the City Manager to effectuate the distribution of funds according to the approved ARPA Spending Proposal, seconded by Vice Mayor Macias. Motion carried by unanimous consent.
AYES: Council Member(s): Ortiz, Martinez, and Vice Mayor Macias NOES: None
ABSENT: Council Member(s) Flores and Mayor Sanabria
PARKS AND RECREATION
6. CONSIDERATION AND APPROVAL OF A RESOLUTION APPROVING THE
AUTHORITY TO FILE APPLICATION(S) FOR THE LOCAL ASSISTANCE SPECIFIED GRANTS PROGRAM FROM BUDGET ACT 2023/24 FROM THE
STATE DEPARTMENT OF PARKS AND RECREATION
MOTION: Council member Ortiz moved to adopt Resolution approving the authority to file applications for grant funds from the Local Assistance Specified Grants Program from Budget Act 2023/24 from the State Department of Parks and Recreation; and authorize the City Manager to execute all related grant application documents submitted by Parks and Recreation Director, seconded by Council member Martinez. Motion carried by unanimous consent.
AYES: Council Member(s): Ortiz, Martinez, and Vice Mayor Macias NOES: None
ABSENT: Council Member(s) Flores and Mayor Sanabria
COMMUNITY DEVELOPMENT
RETENTION OF CONSULTANT FOR COMMUNITY EDUCATIONAL PROGRAM
FOR MEASURE PP AND CC
Item pulled by City Manager Ricardo Reyes
PUBLIC WORKS
8. REJECT BID RECEIVED FOR CIP 2022-09 CDBG CHESLEY "CIRCLE" PARK
PROJECT IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 22038(A)(1)
MOTION: Council member Martinez moved to reject the bid received for CIP 2022- 09 CDBG Chesley "Circle" Park Project in accordance with Public Contract Code Section 22038(a)(1); and authorize staff to modify the project scope of work in conformance with all applicable engineering standards; and authorize staff to re- advertise the Notice Inviting Bid in accordance with Public Contract Code Section 22038(a)(1)., seconded by Council member Martinez. Motion carried by unanimous consent.
AYES: Council Member(s): Ortiz, Martinez, and Vice Mayor Macias NOES: None
ABSENT: Council Member(s) Flores and Mayor Sanabria
9. CONSIDERATION AND APPROVAL TO REPLACE EXISITING CONCRETE PAD
LOCATED AT THE PUBLIC WORKS YARD TO SUPPORT INSTALLTION OF EV
CHARGING STATIONS
MOTION: Council member Martinez moved pursuant to Huntington Park Municipal Code section 2-5.12 Formal Bid Procedures (i): Waive of Bidding. City Council, by a majority vote, may dispense with bidding and other procedures required by this chapter in any individual instance upon finding that it would be impracticable, useless or economically infeasible to follow such procedures and that the public welfare would be promoted by dispensing with them; and approve the replacement of a 8X10 (minimum) concrete pad to begin the installation process for the EV charging stations. Doty Bros Construction Company will provide materials, equipment, and labor to replace the existing concrete pad and surrounding asphalt for a not-to- exceed amount of $45,000 payable from Account No. 111-8020-431.56-41 and 111- 8010-431.61-20; and authorize the City Manager to execute the quote (Attachment 1) and subsequent purchase order. Seconded by Vice Mayor Macias. Motion carried by unanimous consent.
AYES: Council Member(s): Ortiz, Martinez, and Vice Mayor Macias NOES: None
ABSENT: Council Member(s) Flores and Mayor Sanabria
10. CONSIDERATION AND APPROVAL TO PURCHASE AUTOMATED LICENSE PLATE READER (ALPR) MOBILE CAMERA SYSTEMS WITH YEAR 2021 STATE
HOMELAND SECURITY PROGRAM (SHSP) GRANT FUNDS
MOTION: Council member Martinez moved to authorize the acquisition of Vigilant Solutions Automated License Plate Reader (ALPR) mobile camera systems, which are a product of Motorola Solutions, with Year 2021 State Homeland Security Program (SHSP) grant funds in an amount not to exceed $80,000; and authorize the Chief of Police to purchase and outfit police vehicles with the equipment, seconded by Council member Ortiz. Motion carried by unanimous consent.
AYES: Council Member(s): Ortiz, Martinez, and Vice Mayor Macias NOES: None
ABSENT: Council Member(s) Flores and Mayor Sanabria
END OF REGULAR AGENDA
DEPARTMENTAL REPORTS
Director of Communications and Community Relations provided information on the newsletter and upcoming events for the city. He encouraged everyone to visit the city website for additional information and dates.
WRITTEN COMMUNICATIONS
None
COUNCIL COMMUNICATIONS
Council member Ortiz wished the director of Parks and Recreation and City Clerk a happy birthday and wished everyone an awesome Valentines Day.
Council member Matinez also wished everyone a happy Valentines Day.
Vice Mayor Macias thanked staff for their hard work, especially with the large amount of rain recently. She closed by also wishing everyone a happy Valentines Day.
ADJOURNMENT
Vice Mayor Macias adjourned the at 7:00 p.m. The next City of Huntington Park City Council meeting will be held on Tuesday February 20, 2024 at 6:00 p.m. 1, Eduardo Sarmiento, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted at City of Huntington Park City Hall and made available at www.hpca.gov not less than 72 hours prior to the meeting. Dated this 2nd day of February 2024.
Respectfully submitted
She
Eduardo Sarmiento, City Clerk
ITEM 2
List of Funds - City of Huntington Park
Fund Description Fund Description
111 General Fund 227 Offc of Criminal Justice
112 Waste Collection/Disposal 228 State Dept. of Justice 113 American Rescue Plan Act 229 Police Forfeiture Fund 114 Spec Events Contributions 230 Homeland Security Fund 115 General Fund Reserve 231 Parking System Fund
116 Retirement Fund 232 Art in Public Places Fund
120 Special Revenue DNA ID 233 Bullet Proof Vest Grant
121 Special Revnu Welfare Inm 234 Congressional Earmark 122 Prevention Intervention 235 Federal Street Improvmnt 123 Board of Corrections LEAD 236 HUD Economic Empowerment 124 Auto Theft Prevention 237 Community Planning
150 Emergency Preparedness 238 Air Pollution Grant
151 Economic Development 239 Federal CDBG Fund
152 Greenway Linear Park Proj 240 HUD EZ/EC Soc Sec Block 200 Local Grants 241 CalHome
201 State Grants 242 HUD Home Program
202 CFP Crosswalks 243 HUD 108 B0ЗMC060566
203 Federal Grants 244 HUD EDI Grant
204 SR2S Middleton Safe Route 245 EPA Brownfield
205 CFP Pacific Blvd 246 LBPHCP-Lead Base
206 CFP I Park Pay Station 247 Neighborhood Stabilzation 207 CFP Signal Synchronizatio 248 Homelessness Prevention 208 CMAQ Metro Rapid 249 DEPT OF TOXIC SUBSTANCES
209 CFP City Street Resurfac 250 DTSC Grant
210 Measure M 251 Land & Water Conservation
211 Road Maint & Rehab SB1 252 ABC
212 P & R Grants 253 DEBT SERVICE FUND
213 Park Facilities 254 Home ARP Grant
214 Recreation Field Charter 257 CDC Merged Project Fund 215 Trees for A Better Enviro 258 CDC Merged Debt Service 216 Employees Retirement Fund 259 CDC Low/Mod Income Housin 217 OPEB 262 CDC Neighbor Preservn Cap
218 PARS 263 CDC Neighbor Presrvn Debt
219 Sales Tax-Transit Fund A 264 CDC Nghbr Prsrvn Low/Mod 220 Sales Tax-Transit C 267 CDC Sta Fe Redev Project
221 State Gasoline Tax Fund 268 CDC Sta Fe Debt Service 222 Measure R 269 CDC Sta Fe Low/Mod Income
223 Local Origin Program Fund 270 Successor Agency Merge 224 Office of Traffc & Safety 271 Successor Agency Merg Prj 225 Cal Cops Fund 272 Successor Agency Low Mod
226 Air Quality Improv Trust 273 Successor Agency NHP
1 of 2
List of Funds - City of Huntington Park
Fund Description
274 Successor Agency NHP Prj
275 Successor Agency
276 SUCCESSOR AGENCY-GF
283 Sewer Maintenance Fund
285 Solid Waste Mgmt Fund
286 Illegal Disposal Abatemnt
287 Solid Waste Recycle Grant
288 COMPBC
293 PUBLIC FIN. AUTHOR.L/T DT
299 CDC Special Revenue Fund
322 STIP Transportation Fund
334 Ped/Bike Path Fund
335 Energy Efficient Grant
345 Rails To Trails Randolph
346 Bike Lane State Street
347 SRTS Middleton Elementary
348 Pacific Blvd Ped Improve
349 Capital Improvement Fund
475 HP PUBLIC FINANCE AUTHOR
533 Business Improv Dist Fund
535 Strt Lght & Lndscp Assess
681 Water Department Fund
741 Fleet Maintenance
742 Information Technology
745 Self Insurance
746 Employee Benefit Fund
748 Veh & Equip Replacement
779 Deferred Comp. Trust Fund
787 Citywide CIP
800 Pooled Cash
801 Pooled Cash Fund
802 Pooled Interest
993 Public Fin Authority LTD
994 General Fixed Assets Acct
995 General LTD Account Grp
996 General Long Term Debt
997 CDC Gnrl LTD Account Grp
998 Reserve Template Fund
999 Pooled Cash/Template
2 of 2
City of Huntington Park
Demand Register
WR 2/2012024
Payee Name Invoice Number Account Number Description Transaction Amount 4IMPRINT INC 12042676 111-6030-451.61-35 HATS FOR EMPLOYEES 761.60 $761.60
ADL.ERHORST INTERNATIONAL LLC 120707 111-7010-421.61-20 PD K9 SUPPLIES 140.08 120709 111-7010-421.61-20 PD K9 SUPPLIES 177.79
$317.87
ADVANCE AUTO PARTS PROFESSIONAL 8799401711998 111-7010-421.43-20 PART FOR PD UNIT 190.40 8799402664475 111-7010-421.43-20 PART FOR PD UNIT 212.40 8799401764346 111-7010-421.43-20 PART FOR PD UNIT 166.76 8799402664477 111-8085-431.43-21 PARTS FOR SHUTTLE 233.51 8799402458909 111-8095-431.61-50 PARTS FOR PW UNIT 17.44 8799402524901 741-8060.431.43-20 PARTS FOR PW UNIT 13.57 8799402524902 741-8060.431.43-20 PARTS FOR PW UNIT 205.26 8799402524903 *741-8060.431.43-20 PARTS FOR PW UNIT 149.40 8799402524904 741-8060.431.43-20 PARTS FÖR PW UNIT 352.93 $1,541.67
AGUSTIN LOPEZ DECEMBER23 239-5260-490.51-05 EMERGENCY RENTAL PROGRAM 1,600.00 JANUARY24 239-5280-490 51-05 EMERGENCY RENTAL PROGRAM 1,600.00 NOVEMBER23 239-5280-490.51-05 EMERGENCY RENTAL PROGRAM 1,600.00 $4,800.00
AIRESRPING 181090233 113-9050-462-74-10T CLOUD INTERNET SVCS 1,113.64 $1,113.64
ALADDIN LOCK & KEY SERVICE 33804 111-7010-421.43-20 KEYS FOR PD UNIT 111.49 $111.49
ALAN'S LAWN AND GARDEN CENTER, INC. 1210853 111-8095-431.61-50 PART FOR PUBLIC WORKS 89.92 1210856 741-8060-431.43-20 PART FOR PW UNIT 1,363.10
$1,453.02
ALL CITY MANAGEMENT SERVICES, INC 90723 | 111-7010-421.56-41 | CROSSING GUARD SVCS JAN24 12,351.76 $12,351.76
ALL STAR ELITE SPORTS 3968 111-6040-451.61-35 T ADULT SPORTS SUPPLIES 254.32 $254.32
AMERICAN EAGLE PROTECTIVE SERVICES 1454 / 111-6010-451-74-10 T TOY DRIVE SECURITY 1.702.00 $1,702.00
ARROYO BACKGROUND INVESTIGATIONS 3295 111-7010-421-56-41 BACKGROUND INVESTIGATIONS 1,500.00 $1,500.00
ARTURO GUIZAR 01302024 111-7010-421-59-10 | TRAINING REIMBURSEMENT 99.29 AT&T MOBILITY $99.29
X01252024 / 111-7040-421.56-411 PD PHONE SVCS 6,587.08
AT&T- AUTOPAY $6,587.08
254715586 111-9010-419.53-10 PUBLIC WORKS YARD 757.03
254844269 111-9010-419.53-10 FREEDOM PARK 689.26
254852700 111-9010-419.53-10 COMMUNITY CENTER 658.94
317316997 111-9010-419.53-10 SALT LAKE CAMERAS 590.64
AUTO ZONE $2,695.87
4075887079 T 111-7010-421-43-20T PARTS FOR PD UNIT 15.70 1 of 10
City of Huntington Park
Demand Register
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Payee Name Invoice Number Account Number Description Transaction Amount AUTO ZONE 4075889981 111-7010-421-43-20 PARTS FOR PD UNIT 23.03 4075893415 111-7010-421-43-20 PARTS FOR PD UNIT 20.79
4075893550 741-8060-431-43-20 PARTS FOR PD UNIT 179.28
$238.80
AY NURSERY INC. 0124766 535-8090-452.61-20 LANDSCAPING TREES-PARKS 1,962.45 $1,962.45
BEHAVIOR ANALYSIS TRAINING LLC IV00331 111-7010-421.59-10 TRAINING REGISTRATION 138.00 IV00337 111-7010-421.59-10 TRAINING REGISTRATION 138.00 IV00338 111-7010-421.59-10 TRAINING REGISTRATION 138.00 $414.00
BIG BELLY SOLAR, INC 50248 287-8055-432-56-41 BIG BELLY SOFTWARE 9,616.90 $9,616.90
BRINK'S INCORPORATED 6316611 111-9010-419-33-10 MONTHLY BANK SVCS JAN24 357.29 S357.29
BRIZUELA'S IRON WORK 0171 111-8020-431-43-10 INSTALL GATE-KELLER PARK 3,900.00 0170 111-8023-451-43-10 MAINT IN FLEET BUILDING 470.85
$4,370.85
BROWNELLS INC 2024410924771 111-7010-421.61-20 CLEANING MATERIALS PD 185.82 $185.82
CALIFORNIA BUILDING STANDARDS COMM BSASRF/DEC2023 111-0000-322.40-05 BSASRF FEES 90.30 $90.30
CALIFORNIA DEPARTMENT OF TAX UST12312023 741-8060-431-42-05 FUEL TAX REFUND 1,549.00 $1,549.00
CATAMOUNT PROPERTIES 2018, LLC 000025171 681-0000-228.70-00 WATER DEPOSIT REFUND 90.40 $90.40
CAVENAUGH & ASSOCIATES 39502028023005 1111-7010-421.59-10 T TRAINING REGISTRATION CHARTER COMMUNICATIONS-AUTOPAY 0133140011724 T 111-9010-419.53-10 T CITY HALL INTERNET 2,559.98 $2,559.98
CENTRAL FORD 39155 111-7010-421-43-20 PARTS FOR PD UNIT 39157 111-7010-421-43-20 PARTS FOR PD UNIT 481.18
39169 111-7010-421-43-20 PARTS FOR PD UNIT 188.38
39312 111-7010-421-43-20 PARTS FOR PD UNIT 466.00
39443 111-7010-421-43-20 PARTS FOR PD UNIT 208..
39450 111-7010-421-43-20 PARTS FOR PD UNIT
39208 111-8085-431-43-21 PARTS FOR SHUTTLE
39355 111-8085-431-43-21 PARTS FOR SHUTTLE
$3,706.68
CENTRAL SQUARE TECHNOLOGIES LLC 402633 111-9010-419-43-15 FINANCIAL SYSTEM $14,885.88
CINDI ADLER HP410001766 1111-0000-351.10-10 CITATION DISMISSED 2 of 10
City of Huntington Park
Demand Register
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Payee Name Invoice Number Account Number Description Transaction Amount CINDYS JUMPERS, LLC 75064 111-6020-451-56-41 5K RENTALS 657.42 $657.42
CINTAS CORPORATION NO 3 4178102144 741-8060-431-56-41 PW UNIFORM CLEANING 479.84 4179040005 741-8060-431-56-41 PW UNIFORM CLEANING 479.84 4179451129 741-8060-431-56-41 PW UNIFORM CLEANING 479.84 4180906776 741-8060-431-56-41 PW UNIFORM CLEANING 469.19 $1,908.71
CITY AND COUNTY ENGINEERS ASSOC CCEA-SF-FEB2024 111-5010-419-59-15 T YEARLY MEMBERSHIP DUES 100.00 $100.00
CLINICAL LAB OF SAN BERNARDINO, INC 2400170 661-8030-461.56-41 WATER QUALITY TESTING 957.00 COMMUNITY VETERINARY HOSPITAL INC 510414 $957.00
111-7010-421-56-41 K9 VET SVCS 260.00
511986 111-7010-421-56-41 K9 VET SVCS 325.00
CROSSROADS ANIMAL EMERGENCY $585.00
527343 111-7010-421-61-20 K9 CARE SVCS 1,922.83
$1,922.83
CORPORATE WAREHOUSE SUPPLY 66439 I 111-9010-419.44-10 T TONER FOR PRINTERS 1,469.60 COSMEC ASSOCIATES INC $1,469.60
22935 1111-7040-421.56-41 ANNUAL INSPECTION 1,980.00
$1,980.00
COUNTY OF L.A. DEPT OF PUBLIC WORKS REPW24010804261 221-8014-429.56-41 SIGNAL MAINTENANCE DEC 2023 888.41
REPW23121103588 221-8014-429.56-41 SIGNAL MAINTENANCE 742.28 $1,630.69
COALITION FOR RESPONSIBLE COMMUNITY FM1444 111-7024-421-56-41 JANITORIAL SVCS 6,429.45 FM1444 111-8020-431-56-41 JANITORIAL SVCS 1,858.41
FM1444 111-8022-419-56-41 JANITORIAL SVCS 4,125.19
FM1444 111-823-451-5614 JANITORIAL SVCS 12,582.00
$24,995.05
CRISTEL CASTANEDA HP240001506 I 111-0000-351.10-10 CITATION DISMISSED
55.00 $55.00
DAVID VOLZ DESIGN 422670 114-6010-451.73-10 PLANS FOR SLP & FREEDOM 3,750.00 422670 787-8907-499.73-10 PLANS FOR SLP & FREEDOM 1,875.00 422670 787-8908-499.73-10 PLANS FOR SLP & FREEDOM 1,875.00 $7,500.00
DAY WIRELESS SYSTEMS INV811488 111-7040-421-56-41 UPFITTING LABOR 350.00 INV811484 111-7040-421-56-41 UPFITTING LABOR 630.00
INV811482 111-7040-421-56-41 UPFITTING LABOR 140.00
INV806720 111-7040-421-56-41 PD RADIO REPAIR 912.00
INV811450 111-7040-421-56-41 PD RADIO REPAIR 85.00
INV811455 111-7040-421-56-41 PD RADIO REPAIR 85.00
$2,202.00
DEPARTMENT OF JUSTICE 705148 111-7010-421.56-41 T FINGERPRINT APPS DEC 2023 160.00 $160.00
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City of Huntington Park
Demand Register
WR 2/20/2024
Payee Name Invoice Number Account Number Description Transaction Amount DF POLYGRAPH 2023/10 111-7010-421.56-41 PD OFFICE SUPPLIES $200.00
DOG WASTE DEPOT 589754 535-8090-452-61-20 DOG WASTE STATION SUPPLIES 2,447.38 $2,447.38
DOMINO CACTUS LLC 000024749 681-0000-228.70-00 WATER DEPOSIT REFUND 750.00 $750.00
DUNN EDWARDS CORPORATION 2009A22600 111-8024-421.43-10 PAINT FOR PD BUILDINGS 240.52 ...
2009A23217 111-8095-431.61-50 GRAFFITI REMOVAL PAINT 977.91 $1,218.43
EDGAR FELIX 01222024 / 111-7010-421.59-10 TRAINING REIMBURSEMENT 312.50 $312.50
EDSTROM KRS JO HPE120005672 T 111-0000-351-10-10 CITATION DISMISSED $70.00
EMMANUEL SOBERANIS 01162024 / 111-7010-421.59-10 TRAINING REIMBURSEMENT 241.68 $241.68
ELITE IRON DOORS & FENCES INC 22246 111-8024-421.43-10 FIXED GATES-PD BUILDING 300.00 $300.00
EPIC SPORTS, INC. 7362291 111-6030-451-61-35 YOUTH SPORTS SUPPLIES 192.43 $392.00
EXPRESS TRANSPORTATION SERVICES LLC HPE02012024 111-0000-362.20-15 FIXED TRANSPORTATION BUS -2,500.00 HPE02012024 111-8010-431.56-43 FIXED TRANSPORTATION BUS 39,330.66 HPE02012024 111-8085-431.56-43 FIXED TRANSPORTATION BUS 78,661.34 DAR02012024 111-8085-431.56-45 DIAL A RIDE SCS FEB 69,183.33 HPE02012024 219-0000-340.30-00 FIXED TRANSPORTATION BUS -1,556.00 HEP01012024 111-0000-362-20-15 FIXED TRANSPORTATIONS -2,000.00 HEP01012024 111-0000-362-20-15 FIXED TRANSPORTATIONS -500.00 HEP01012024 111-8010-431-56-43 FIXED TRANSPORTATIONS 38,270.00 HEP01012024 111-8085-431-56-43 FIXED TRANSPORTATIONS 76,540.00 DAR01012024 111-8085-431-56-45 DIAL A RIDE SERVICES 69,183.33 HEP01012024 219-0000-340-30-00 FIXED TRANSPORTATIÓNS -2,260.00 $362,352.66
FERGUSON ENTERPRISES INC 2895601 / 111-8024-421-43-10 PD RESTROOM REPAIR $756.46
GENESIS METALS & SUPPLY CO. INC. 19136 111-8023-451.43-10 METAL REPAIRS COMM CENTER 452.56 $452.56
GERARDO FLORES 3064144 111-9031-413.52-10 SETTLEMENT PAYMENT 100.00 $100.00
GRAINGER 9976685397 111-8022-419-43-10 SUPPLIES FOR CITY HALL 275.27 9976685389 741-8060-431-43-20 PW FLEET SUPPLIES 142.81
$418.08
GREENPOWER MOTOR COMPANY, INC. M-013024-002 111-8085-431-43-21 PARTS FOR SHUTTLE 315.51 M-013024-003 111-8085-431-43-21 PARTS FOR SHUTTLE - 315.51 $631.02
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City of Huntington Park
Demand Register
WR 2/20/2024
Payee Name Invoice Number Account Number Description Transaction Amount HAJOCA CORPORATION S170364398.001 111-8022-419.43-10 FAUCETS FOR CITY HALL 925.24 S170372458.001 111-8022-419.43-10 FAUCETS FOR CITY HALL 241.42 HASA, INC. 939977 681-8030-461.41-00 51,166.66
SODIUM HYPOCHLORITE WELL 340.49
940956 681-8030-461.41-00 SODIUM HYPOCHLORITE 12 527.69 940955 681-8030-461.41-00 SODIUM HYPOCHLORITE 18 408.59 $1,276.77
HEALTH AND HUMAN RESOURCE CENTER E0297594 T 111-0000-217.50-60 EMPLOYEE WELLNESS PRG 213.84 $213.84
HESS, LASON LEE 000022795 681-0000-228.70-00 WATER DEPOSIT REFUND 75.32 HECTOR G. MORENO 5328 $75.32
111-6060-466.33-20 TAEKWONDO CLASS 936.00
5329 111-6060-466.33-20 TAEKWONDO CLASS 1,144.00
- 5330 111-6060-466.33-20 TAEKWONDO CLASS 936.00
$3,016.00
HENRY ANDRADE 01292024 111-7010-421.59-10 TRAINING REIMBURSEMENT 103.85 $103.85
HOME DEPOT - PUBLIC WORKS 4632642 111-8020-431-61-20 PLUMING REPAIR TOOLS 223.71 9371158 111-8022-419-43-10 MATERIALS FOR HR DOOR 51.89
7273419 111-8023-451-43-10 TOOLS FOR PARK REPAIR 683.34 6371165 111-8023-451-43-10 TOOLS FOR PARK REPAIR 290.97 1273910 111-8024-421-43-10 MATERIALS FOR PD REPAIRS 483.02 514349 111-8095-431-61-50 MATERIALS FOR PD REPAIRS 308.30 3013892 221-8010-431-61-21 PLYWOOD FOR PW 1,147.18
3524407 221-8010-431-61-21 OPERATIONS MATERIAL 827.89
507027 221-8010-431-61-21 OPERATIONS MATERIAL 970.63
INFRAMARK LIC $6,388.53
107473 283-8040-432.56-41 ROUTINE MAINTENANCE 14,297.04 107473 681-8030-461.56-41 ROUTINE MAINTENANCE 110,211.74 $124,508.78
J SQUARED 127 I 681-8030-461.56-41 | PROFESSIONAL SERVICES 630.00
$630.00
JCL TRAFFIC 122804 221-8012-429.61-20 NO PARKING SIGNS 1,023.12 $1.023.12
JERRY'S AUTO BODY, INC. 33020 111-7010-421.43-20 4,997.11 33043 111-7010-421.43-20 5.119.42
$10,116.53
JONATHAN LOPEZ 23BFSCO1422 I 111-9031-413.32-70 T SETTLEMENT PAYMENT 3,380.00 $3,380.00
JTB SUPPLY COMPANY INC 112964 111-8010-431-61-20 PW CLEANING SUPPLIES 277 83 113025 221-8014-429-61-20 TRAFFIC SIGNAL SUPPLIES 5,950.58 $6,228.41
JUAN ABAD HP390001009 111-0000-351.10-10 T CITATION DISMISSED 45.00 $45.00
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City of Huntington Park
Demand Register
WR 2/20/2024
Payee Name Invoice Number Account Number Description Transaction Amount JULIO MORENO 527343 111-7010-421.61-20 K9 TRAINING REIMBURSEMENT 150.98 $150.98
KIA OF CERRITOS 5173371 111-7010-421-43-20 PARTS FOR PD UNIT 62.31 $62.31
KIMBALL MIDWEST 101849629 741-8060-431-43-20 PW FLEET SUPPLIES 220.28 101856854 741-8060-431-43-20 PW FLEET SUPPLIES 157.66
1018547377 741-8060-431-43-20 PW FLEET SUPPLIES 112.37
101840259 741-8060-431-43-20 PW FLEET SUPPLIES 567.61
101842174 741-8060-431-43-20 PW FLEET SUPPLIES 546.29
$1,604.21
LADAYU CONSULTING GROUP 787-8913-499-76-06 CIP 2019-02 CONSTRUCTION MGMT 960.00 5960.00
LAN WAN ENTERPRISE, INC 74822 111-3010-415.74-10 DESKTOP COMPUTERS 4,340,88 74858 111-9010-419.43-15 IT SERVICES FEES FEB 2024 26,361.30 74858 111-9010-419.43-15 IT SERVICES FEES FEB 2024 26,361.30 74905 111-7040-421.56-41 MONTHLY ADD ONS 4,891.00
74822 111-9010-490.73-10 DESKTOP COMPUTERS 10,128.81
74846 111-9010-490.73-10 WINDOW SOFTWARE 5.520.00
$77,603.29
LB JOHNSON HARDWARE CO. 130520 221-8014-429-61-20 PW TRAFFIC SIGNAL PARTS 32.81 130602 221-8014-429-61-20 TRAFFIC SIGNAL SUPPLIES 100.72 $133.53
LINDE GAS & EQUIPMENT INC. 40407163 535-8016-431-61-45 WELDING MATERIALS 375.86 $375.86
LUXURY AUTO BODY PW6040 1111-7010-421.43-20 PD UNIT 915 REPAIR 2,765.15 $2,765.15
MAYWOOD MUTUAL WATER COMPANY, NO. 1 1172024 681-8030-461.62-20 T WATER CONSUMPTION REPORTS 1,200.00 $1,200.00
MCMASTER-CARR SUPPLY CO. 20902430 | 221-8014-429-61-20 TRAFFIC SIGNAL SUPPLIES 168.04 $168.04
MEGA OUTDOOR MOVIES 21710449 T 111-6020-451-61-35 TOY DRIVE RENTALS 888.42 $888.42
MICHAEL BAKER INTERNATIONAL INC. 1203562 113-9050-462.56-411 PROF SVCS ARPA REPORTING 3,500.00 $3,500.00
MUNICIPAL WASTE SOLUTIONS 2015 | 285-8050-432.56-411 SB1383 CALRECYCLE SVCS 6,555.00 $6,555.00
NAPA AUTO PARTS 542980 111-7010-421-43-20 PARTS FOR PD UNIT 54.99 579908 741-8060-431-43-20 PW SHOP SUPPLIES -118.79
542594 741-8060-431-43-20 PW SHOP SUPPLIES 33.98
551842 741-8060-431-61-20 FLEET SUPPLIES 27.98
$235.74
NATIONAL TRAINING CONCEPTS, INC. 24-044 T 111-7010-421.59-10 TRAINING REGISTRATION 315.00 $315.00
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City of Huntington Park
Demand Register
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Payee Name Invoice Number Account Number Description
Transaction Amount
NEW CHEF FASHION INC. 1071412 111-7010-421-61-20 PD UNIFORMS 209.43
NIDIA PEREZ $209.43
HP 100005026 111-0000-351.10-10 CITATION DISMISSED 70.00 NORM REEVES FORD SUPERSTORE 111-7010-421-43-20 570.00
313054 PD UNIT MAINTENANCE 142.57
982862) 111-7010-421-43-20 PD UNIT MAINTENANCE 130.00
313060 111-8085-431-43-21 PARTS FOR SHUTTLE 515.66
313061 111-8085-431-43-21 PARTS FOR SHUTTLE 183.45
313062 111-8085-431-43-21 PARTS FOR SHUTTLE 340.84
313063 111-8085-431-43-21. PARTS FOR SHUTTLE 466.68
313064 111-8085-431-43-21 PARTS FOR SHUTTLE 185.05
312679 741-8060-431-43-20 PARTS FOR SHUTTLE 116.07
NORTH STAR LAND CARE 1601-690 LANDSCAPING SVCS $2,080.32 535-8090-452.56-60 37,617.75
O'REILLY AUTO PARTS $37,617.75
2959-431075 111-7010-421-43-20 PARTS FOR PW FLEET 33.00 2959-433797 111-7010-421-43-20 PARTS FOR PD UNIT • 27.64 2959-433819 111-7010-421-43-20 PARTS FOR PD UNIT 239.24 2959-430214 111-8085-431-43-21 PARTS FOR SHUTTLE 33.69
2925-431129 111-8085-431-43-21 PARTS FOR SHUTTLE 108.97 2959-429402 741-8060-431-43-20 PW FLEET SUPPLIES 575.80 2959-430987 741-8060-431-43-20 TOOLS FOR ALL UNITS 40.86 2959-432539 741-8060-431-43-20 PARTS FOR FLEET UNITS 96.03 $1,155.23
OTC BRANDS, INC 728123117-01 111-6020-451-61-35 TREE LIGHTING SUPPLIES 164.88 $164.88
PARKINK 29360 | 111-6030-451-61-35 STAFF SWEATSHIRTS 1,311.75 $1,311.75
PARS 54326 111-9010-419.56-41 PARS ARS FEES 527.54
54387 111-9010-419.56-41 PARS REP FEES" 2,687.83
PEDRO OCEGUERA HP050037171 I 111-0000-351.10-10 T $3,215.37 CITATION DISMISSED 55.00
$55.00
PITNEY BOWES 3106517961| [ 111-7040-421-56-41 T POSTAGE LEASE - PD 593.32 $693.32
PRO FORCE LAW ENFORCEMENT 540611 | 111-7010-421-61-20 T PD AMMUNITION SUPPLIES 1,192.55
PURCHASE POWER S1,192.55
800090000144JAN T 111-7040-421.56-41 T POSTAGE FEES 522.30 $522.30
QUALITY CODE PUBLISHING LLC GCI0013056 111-1010-411-56-41 WEBSITE MONTHLY MAINT 195.00
RESOURCE BUILDING MATERIALS $195.00
3736576 1221-8010-431.61-211 SUPPLIES FOR PW 1,247.40
RIO HONDO COLLEGE $1,247.40
2324-RG-HUNTING 111-7010-421-56-41T PDRANGE FEES 1,500.00 7 of 10
City of Huntington Park
Demand Register
WR 2/20/2024
Payee Name Invoice Number Account Number Description Transaction Amount RIO HONDO COLLEGE W24-41-ZHPK 111-7010-421-59-10 FIELD TRAINING TUITION 89.00 $1,589.00
ROADLINE PRODUCTS INC 19507 221-8012-429.61-20 PARTS FOR PW UNIT 4,497.10 $4,497.10
RUTH ZUNIGA HP410001523 111-0000-351.10-10 PARTIAL CITATION REFUND 386.00 $386.00
SAUL RODRIGUEZ 01082024 111-7010-421.59-10 TRAINING REIMBURSEMENT 441.69 01292024 111-7010-421.59-101 TRAINING REIMBURSEMENT 311.53 $753.22
SMART & FINAL 4790010011601 111-6065-451-57-46 SENIOR DANCE SUPPLIES 22.96 4790010039801 111-6065-451-57-46 SENIOR DANCE SUPPLIES 17.22 $753.22
SOUTHSTAR ENGINEERING & CONSULTING COHP-012/2 222-8080-431-76-20 ATP CYCLE 3 CONSTRUCTION 3,817.50 $3,817.50
SPARKLETTS 15142085012524 111-9010-419-61-20 DRINKING WATER-CITYWIDE 234.37 19438227011024 111-9010-419.61-20 DRINKING WATER PD 429.83 $429.83
SPARTANS CARWASH 111-7010-421-43-20 PD VEHICLE CARWASH 275.00 181 111-7010-421-43-20 PD VEHICLE CARWASH 275.00
111-7010-421-43-20 PD VEHICLE CARWASH 275.00
183 111-7010-421-43-20 PD VEHICLE CARWASH 275.00
183-2 111-7010-421-43-20 PD VEHICLE CARWASH 275.00
304 111-7010-421-43-20 PD VEHICLE CARWASH 110.00]
305 111-7010-421-43-20 PD VEHICLE CARWASH 340.00
$1,825.00
STACY MEDICAL CENTER 3160-53460 111-7010-421.56-41 PRE-BOOKING EXAMS 1,092.50 $1,092.50
STEVE FORSTER 111-5010-419-59-15 REIMBURSEMENT 115.00
$115.00
SOURTHERN CALIFORNIA EDISON-AUTOPAY 6000000505218 111-9010-419.53-10 TRAFFIC SIGNAL VARIOUS LOCATIONS 14,536.43 600001001332 111-9010-419.62-10 STREET LIGHT VARIOUS LOCATIONS 72,666.30 700116911821 111-9010-419.62-10 COURT HOUSE ELECTRIC SVCS 22,499.35 600001001332 681-8030-461.62-20 STREET LIGHT VARIOUS LOCATIONS 31,142.71 700544129426 681-8030-461.62-20 BEAR/FLORENCE 26,306.40 700131643996 111-9010-419.62-10 VARIOUS CITY PARKING LOTS 1,345.17 700131643996 111-9010-419.62-10 POLICE SEPT ELECTRICITY SVCS 38,102.87 700350430934 681-8030-461.62-20 WATER WELLS ELECTRICITY SVCS 166,600.47 700568462884 111-9010-419.62-10 PUBLIC WORKS ELECTRICITY SVCS 8, 160028 700375713073 111-9010-419.62-10 55 ST/ PACIFIC BLVD SVCS 311.54 $381,671.52
T2 SYSTEMS CANADA INC. IRIS0000131263 111-5055-419.56-41 T 12 MONTHLY STATEMENT 2,370.00 $2,370.00
THE REGIONAL TRAINING CENTER 2313 111-7010-421-59-10 TUITION REGISTRATION 3,500.00 $3,500.00
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City of Huntington Park
Demand Register
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Payee Name Invoice Number Account Number Description Transaction Amount T-MOBILE USA 12212023 111-9010-419.53-10 MOBILE FOR PARKS 1,103.68 975956065 111-9010-419.53-10 MOBILE FOR DEPT HEADS 489.99 975956264 111-9010-419.53-10 MOBILE FOR CODE ENFORCEMENT 405.30 $1,998.97
THE GAS COMPANY-AUTOPAY 06992272119 | 111-9010-419.62-10 T GAS SVCS - CITY HALL 7,502.45 $7,502.45
TOMAS PEREZ 01152024 / 111-7010-421.59-101 TRAINING REIMBURSEMENT 85.22 $85.22
TOWN HALL STREAMS 15425 T 111-1010-411-56-41 T COUNCIL MEETING STREAMS 300.00 $300.00
TYLER TECHNOLOGIES, INC. 045-453677 / 113-9050-419-43-15 | FINANCIAL SYSTEM 5,040.00 U.S. ARMOR CORPORATION 55,040.00
44830 / 111-7010-421-73-101 PD EQUIPMENT 812.18
$812.18
ULINE 173195264 111-8010-431.61-20 STREET MATERIALS 650.35 173267886 111-8010-431.61-20 ELECTRICAL SUPPLIES PW 722.54 173594139 111-7010-421.61-20 PD LOCKER REPAIR 467.88
UNDERGROUND SERVICE ALERT OF SO CAL $1,840.77
120240128 221-8014-429-56-41 MONTHLY FEES-JAN 263.75
23-2424192 221-8014-429-56-41 MONTHLY FEES-JAN 111.04
$374.79
UPWARD SOLUTIONS 24-0107 T 111-5010-419-56-41 T PUBLIC AFFAIRS SERVICES 5,000.00 $5,000.00
URBAN RESTORATION GROUP US,INC. 00041047 / 111-8095-431.61-50 T GRAFFITI REMOVAL SUPPLIES 982.32 $982.32
VICTORIA TIRE CENTER DRIVE 148260 1 111-7010-421 43-201 PD UNIT WHEEL ALIGNMENT
65.00 $65.00
VOLLMER-GRAY ENGINEERING LAB INV-2125 (111-9031-413-52-30 PROFESSIONAL SERVICES 8,304.50 $65.00
WALTERS WHOLESALE ELECTRIC COMPANY S124764177.002 T 111-8020-431-43-10 T SUPPLIES FOR PW BUILDING 455.18
$455.18
WEST GOVERNMENT SERVICES 849523354 111-7040-421.56-41 T MONTHLY SUBSCRIPTION SVCS 1,802.64 $1,802.64
WESTERN COLLOID S.C. INC. 30116 / 111-8020-431-43-10 T ROOF MATERIALS FOR PW 846.98
$846.98
WESTERN EXTERMINATOR COMPANY 56926021 111-8024-421.43-101 TERMITE TREATMENT SVCS 4,895.00
$4,895.00
WEX BANK 95022234 | 111-7010-421.43-20 PD FUEL PURCHASE 1,271.10
WMFY WE MAIL FOR YOU INC $1,271.10
75640 111-0310-413.56-421 2024 HP NEWSLETTER 9,774.40
$9,774.40
XEROX FINANCIAL SERVICES 5223495 111-8020-431-43-05 COPIER LEASE PAYMENT 119.97 5223495 285-8050-432-43-05 COPIER LEASE PAYMENT
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City of Huntington Park
Demand Register
WR 2/20/2024
Payee Name Invoice Number Account Number Description Transaction Amount XEROX FINANCIAL SERVICES 5223495 681-8030-461-43-05 COPIER LEASE PAYMENT 119.98 5359.92
$1,249,511.14
10 of 10
ITEM 3
CITY OF HUNTINGTON PARK
Community Development Departmen
City Council Agenda Repor
February 20, 2024
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Honorable Mayor and Members of the City Council:
APPROVAL OF FILMING AT THE COURTHOUSE BUILDING AND RENTAL
CONTRACT
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Authorize filming at the City of Huntington Park Courthouse Building; and
2. Authorize the City Manager to prepare and execute an agreement with Netflix Productions, LLC.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The Community Development Department was approached by a filming company (Netflix Productions, LLC.) as to the potential use of the City's vacant courthouse building for filming purposes. While the City has a permit process for filming and still photography, it is silent on cost recovery for the use and occupancy of City facilities. Negotiations ensued with Netflix Productions, LLC. to vet the terms of an agreement that would be amenable to the City. Netflix Productions, LLC. is requesting to use the facility for a period of seven (7) to ten (10) days starting approximately at the end of February 2024. In addition, Netflix Productions, LLC. would also need a portion of the east parking lot for film trucks and performers to park. The TV/reality filming would not include any adult entertainment or nudity as part of the approval. Netflix Productions, LLC, would also be responsible for securing all appropriate permits from other governmental agencies as necessary.
FISCAL IMPACT/FINANCING
The purposed rental fee is $2,000 per day for any and all days the building would need to be used and or otherwise occupied. The daily rate shall include 10 parking spaces. If filming cannot take place or activities are not on site, the City would still collect the daily rate if the building could not be used by the City. In addition, site utilities will be paid by a pro rata share after seven (7) days.
APPROVAL OF FILMING AT THE COURTHOUSE BUILDING AND RENTAL
CONTRACT
February 20, 2024
CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.
Respectfully submitted,
RICARDO REYES
City Manager
STEVE FORSTER
Community Development Director
Attachment "A" Draft License Agreement
ATTACHMENT A
Attachment "A"
LICENSE AGREEMENT
(Netflix Productions, LLC)
This License Agreement ("License Agreement") is dated for reference purposes only as of Fobray and pot is mage hy od beiven dry and Of rodrigo, C, Delaware indy., labılity company ("Licensee"). Agency and Licensee are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties.'
RECITALS
A. Agency is the owner of that certain real property located in the City of Huntington Park, County of Los Angeles, State of California (the "Property" and/or "Licensed Site"), commonly known as the property located on the 6550 Miles Ave. Huntington Park, Ca. 90255 (commonly known as the "Courthouse Building"), California depicted in Exhibit "A" attached hereto and incorporated herein by reference and being Assessor's Parcel Numbers 6322-009-904 B. Licensee desires to film a series currently entitled "Monsters" ("Project") at locations within the City of Huntington Park, California.
C. Licensee desires to use the Property for filming, vehicular parking, film staging, catering, equipment storage and personnel assemblage in connection with the Project ("Permitted Uses").
NOW THEREFORE, Agency and Licensee agree as follows:
1. LICENSE. For good and valuable consideration receipt of which is hereby acknowledged, Agency hereby agrees to provide a license (the "License") for Licensee to enter upon and use the Property for the Permitted Uses and for no other use.
2. LICENSE FEE AND DEPOSIT. As consideration for the License granted by the Agency, Licensor shall pay to Agency the sum of $2,000 per day, plus utility costs. $25 per Day for each spot beyond 10 provided as part of this Agreement. The term of the agreement shall commence on February 28, 2024, and terminate on April 1, 2024.
3. TERM. The License granted herein shall be effective from February 28, 2024, to April 1, 2024, and ending on midnight of the last day ("License Period"). On or before the termination of the License, Licensee shall remove all equipment, materials, personal property and vehicles, secure the Licensed Site, and return possession to the Agency. If the Licensed Site is not cleared by the termination of the License Period, Agency may utilize self-help and or the Security Deposit to remove all materials and vehicles and charge Licensee for the removal cost of clearance and storage. Either Party has the right to terminate this License by giving the other Party seven (7) calendar days prior written notice of termination.
4. CONDITIONS. Licensee agrees to follow all necessary requirements as required by the Agency, including the following:
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City of Huntington Park_Filming License Agreement_Monsters_V2_2.12.24 a. Procuring a City Business License (if applicable) and any permits necessary.
b. Prior to entry onto the Licensed Site, and at Licensee's expense, Licensee shall fully secure the Licensed Site by means determined by the Licensee.
C. Throughout the License Period, Licensee shall maintain the Licensed Site in good condition and repair and shall keep the property free of trash and debris and shall maintain the property in good condition to the satisfaction of Licensor. The Licensee shall always keep the Licensed Site fully secure. The licensee shall return the Licensed Site in a clean condition and in the same or better condition as of the date of this License Agreement, reasonable wear and tear for the use permitted hereunder excepted.
d. Licensee shall take all measures necessary to prevent the introduction of any hazardous materials, as may be defined by any state or federal laws, onto the Property. In the event any hazardous materials introduced onto the Property as the result of Licensee's Permitted Uses, Licensee shall cause the removal of such hazardous materials in accordance with all applicable laws and regulations within thirty (30) days of the termination of this License. The Indemnity provisions of this License shall include the hazardous materials obligation of this subsection d.
WAIVER AND RELEASE. For and in consideration of permitting Licensee to use the Licensed Site, and except to the extent arising from Licensor's gross negligence and or willful misconduct, Licensee hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury, property damage or wrongful death occurring to Licensee, Licensee's officers, agents, employees, guests, representatives and assigns arising as a result of entering the Licensed Site and engaging in the Permitted Uses or any activities incidental thereto wherever or however the same may occur and for whatever period said activities may continue.
Licensee does for itself, its officers, agents, employees, guests, representatives and assigns hereby release, waive, discharge and relinquish any action or causes of action, aforesaid, which may hereafter arise for Licensee's officers, agents, employees, guests, representatives and assigns and agrees that under no circumstances will Licensee, Licensee's officers, agents, employees, representatives and assigns prosecute, present any claim for personal injury, property damage or wrongful death against Agency or any of their elected and appointed council members, mayor, employees, volunteers, attorneys and agents for any of said causes of action, whether the same shall arise by the negligence of any of said persons, or otherwise.
6. INDEMNITY.
Except to the extent arising from Indemnitees' gross negligence, negligence and/or willful misconduct, Licensee and Agency agree that Agency, its employees, agents and officials (collectively "Indemnitees") should, to the extent permitted by law, be fully protected, indemnified and defended from any verifiable and substantiated loss, injury, damage, third party claim, lawsuit, cost, expense, reasonable outside attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this License Agreement. The provisions of this section are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the Indemnitees.
Licensee acknowledges that Agency would not enter into this License Agreement in the absence - 2-
City of Huntington Park_Filming License Agreement_Monsters_v2_2.12.24 of the commitment of Licensee to indemnify and protect Indemnitees as set forth herein.
Parties agree that Licensee's indemnity obligations shall be comparatively reduced to the extent that the claim is caused by the negligent, grossly negligent or intentional act of Indemnitees, any contractor of Indemnitees, or any other party indemnified hereunder; and provided further, that the foregoing indemnity will not apply if the claim is caused in whole by Indemnitees, any contractor of Indemnitees, or any other party indemnified hereunder.
To the full extent permitted by law, and except to the extent arising from Indemnitees' gross negligence, negligence and/or willful misconduct, Licensee shall indemnify, defend and hold harmless Indemnitees from any verifiable and substantiated liability, third party claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by Indemnitees, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this License Agreement, provided however, that Licensee's indemnity obligations shall be comparatively reduced to the extent the claim is caused in part by the negligent, grossly negligent, or intentional act of Indemnitees, any contractor of Indemnitees or any other Party indemnified hereunder; and provided further, that the foregoing indemnity will not apply if the claim is caused in whole by Indemnitees, any contractor of Indemnitees, or any other Party indemnified hereunder. All obligations under this provision are to be paid by Licensee as they are incurred by Indemnitees.
Without affecting the rights of Agency under any provision of this License Agreement or this section, Licensee shall not be required to indemnify and hold harmless Indemnitees as set forth above for liability attributable to the fault of Indemnitees, provided such fault is determined by agreement between the Parties or the findings of a court of competent jurisdiction.
Licensee has no obligation under this License Agreement for liability proven in a court of competent jurisdiction or by written agreement between the Parties to be the sole fault of Indemnitees.
In addition, the parties hereto hereby specifically waive each and all of the provisions of Section 1542 of the California Civil Code which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The obligations of Licensee under this or any other provision of this License Agreement will not be limited by the provisions of any workers' compensation act or similar act. A licensee expressly waives its statutory immunity under such statutes or laws as to Agency, their employees and officials.
Licensee agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each subcontractor, or any other person or entity - 3-
City of Huntington Park_Filming License Agreement_Monsters_v2_2.12.24 involved by, for, or with or on behalf of Licensee in the performance or subject matter of this License Agreement. In the event Licensee fails to obtain such indemnity obligations from others as required here, Licensee agrees to be fully responsible according to the terms of this section.
Failure of either Party to monitor compliance with these requirements imposes no additional obligations on the Agency and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend Indemnitees as set forth herein is binding on the successors, assigns, or heirs of Licensee and shall survive the termination of this License Agreement or this section.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the License Agreement or any additional insured endorsements that may extend to Indemnitees.
In the event there is more than one person or entity named in the License Agreement as a Licensee, then all obligations, liabilities, covenants, and conditions under this instrument shall be joint and several.
INSURANCE. Prior to the execution of this License Agreement, Licensee shall furnish or shall cause to be furnished, to the Agency, duplicate originals or appropriate certificates of Comprehensive General Liability Insurance, insuring the Agency and its officers, employees, agents and contractors against losses, costs, liabilities, claims, causes of action and damages for bodily injury and property damage on the Licensed Site in the amount of at least two million dollars ($2,000,000) combined single limit coverage. Such insurance shall include Blanket Contractual Liability Coverage. All such policies shall be written to apply to all bodily injury, property damage, personal injury, and other covered loss, however occasioned, occurring during the policy term, shall be endorsed to add the Agency as additional insureds, and to provide that such coverage shall be primary, and that any insurance maintained by the Agency shall be excess insurance only. Such coverage shall be endorsed to waive the insurer's rights of subrogation against the Agency. Licensee shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom it has contracted for any work or services on the Licensed Site or with whom it has contracted to perform maintenance work on the Licensed Site carries workers compensation insurance as required by my work or so o law, and an employer's liability insurance endorsement with customary limits, and shall be endorsed with a waiver of subrogation clause for the Agency. Licensee shall also furnish or cause to be furnished to the Agency evidence that all employees or agents of Licensee hired to work at the Licensed Site and any employees or agents of Licensee hired to perform maintenance work on the Licensed Site are covered by Licensee's workers compensation insurance as required by law, and an employer's liability insurance endorsement with customary limits.
Licensee shall not allow persons entry onto the Licensed Site who are not hired as employees, agents, or contractors of Licensee for the purpose of performing work, including improvements, of any kind. Nor shall Licensee allow persons entry onto the Licensed Site who are not hired as employees, agents, or contractors of Licensee for the purpose of providing maintenance work.
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City of Huntington Park Filming License Agreement Monsters v2 2.12.24 All insurance policies required by this Section shall be written by insurers authorized to do business in the State of California and with a minimum "Best's" Insurance Guide rating of "A:VII", shall be nonassessable and shall contain language to the effect that (a) the policies are primary and noncontributing with any insurance that may be carried by Agency, (b) the policies cannot be canceled or materially changed except after thirty (30) days written notice by the insurer to Agency, and (c) Agency shall not be liable for any premiums or assessments. All such insurance shall have deductible limits reasonably satisfactory to the Agency and shall contain cross liability endorsements.
8. PHOTOGRAPHY RIGHTS. Licensor acknowledges and agrees that Licensee has the right to photograph, film and record the Property and all designs, sets, structures, furnishings, works of art and other objects located in or around the Property (the "Recordings").
Furthermore, Licensor acknowledges and agrees Licensee has the right to use, exhibit and otherwise exploit all such Recordings for use in and in connection with the Project, in all media, now known or hereafter devised, in perpetuity throughout the universe, including without limitation in and in connection with any advertising, promotion, publicity or other material related to the Project. The licensor's sole remedy for any breach of this License Agreement shall be an action at law for monetary damages. Licensor shall not be entitled to injunctive relieft with respect to the foregoing Recordings.
9. SUCCESSORS. This License Agreement shall be binding upon and inure to the benefit of the successors, assigns, heirs, and transferees of the Parties hereto.
10. ENTIRE AGREEMENT; ATTORNEY FEES. This License Agreement represents the entire agreement of the Parties with respect to the matters set forth herein and supersedes any prior written or oral agreements between them respecting the subject matter herein. This License Agreement may not be amended except in a writing signed by both Parties hereunder. If either Party brings an action or files a proceeding in connection with the enforcement of its respective rights or because of any breach by the other Party of its obligations hereunder, then the prevailing Party in such action or proceeding shall be entitled to have its reasonable attorneys' fees and costs paid by the losing Party.
11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
NOTICES. Any notices regarding this License Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Licensee's and Agency's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).
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City of Huntington Park_Filming License Agreement_Monsters_v2_2.12.24 If to Agency: If to Licensee:
City of Huntington Park Netflix Productions, LLC
Community Development Department 5808 Sunset Blvd., 12thFloor. 6550 Miles Ave. Los Angeles, CA 90028
Attn: Ricardo Reyes Attn: Chris Hayden, Unit Production Phone: 323-582-6161 Manager
Fax: 323-584-6244 Phone: (323) 860-7800
With a courtesy copy to:
Arnold M. Alvarez-Glasman, Agency Attorney
Alvarez-Glasman & Colvin
13181 Crossroads Parkway North
West Tower, Suite 400
Industry, CA 91746
Telephone: (562) 699-5500
Facsimile: (562) 692-2244
ASSIGNMENT AND/OR TRANSFER. Licensee will not assign, transfer or sell this License or any privilege hereunder in whole or in part without the prior written consent of Licensor. Any attempt to do so will be void and confer no right on any third party. In the case of a permitted assignment or transfer, this agreement shall be binding on the assigns, transferees, successors, and heirs of Licensee.
14. PROPERTY RIGHTS. Nothing contained herein shall be deemed to be an acceptance of ownership or control of all or any portion of the Property for any reason Whatsoever, including but not limited to, liability for or maintenance of the Property. Nothing contained herein shall be deemed to grant Licensee any possessory interest whatsoever in the Property.
15. DAMAGE. Licensee and its officers, employees, contractors, subcontractors and agents shall not damage the Property or commit waste thereon.
16. COMPLIANCE WITH THE LAW. Licensee shall comply with all federal, state and local laws and ordinances applicable to the Permitted Uses and all operations, work and services of Licensee on and around the Property.
17. LICENSES AND PERMITS. This license is conditioned upon the Licensee obtaining all governmental permits, licenses and/or approvals enabling Licensee to conduct the Permitted Uses on and around the Property and maintaining the applicable permits and/or licenses for the conduct of the Permitted Uses for the full term, including any extensions, of the license granted by this Agreement.
18. AUTHORITY. The persons signing this Agreement warrant that they are fully authorized to sign this License Agreement on behalf of Licensor and Licensee respectively. - 6-
City of Huntington Park_Filming License Agreement_Monsters_v2_2.12.24 IN WITNESS WHEREOF, this License Agreement has been executed as of the date below the Parties names.
(Signatures on the following page)
CITY OF HUNTINGTON PARK Netflix Productions, LLC
By:
Ricardo Reyes, City Manager (Chris Hayden, Unit Production Manager) Date: Date:
APPROVED AS TO FORM: ATTEST:
Arnold M. Alvarez-Glasman, Eduardo Sarmiento,
Agency Counsel City Clerk
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City of Huntington Park_Filming License Agreement_Monsters_v2_2.12.24 EXHBIT "A"
Property Depiction
DRAFTI
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City of Huntington Park_Filming License Agreement_Monsters_v2_2.12.24 ITEM 4
CITY OF HUNTINGTON PARK
ARK Community Development Department
City Council Agenda Report
February 20, 2024
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Honorable Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL OF RESOLUTION 2024-02 TO PARTICIPATE
IN THE NATIONAL FLOOD INSURANCE PROGRAM AND COOPERATE WITH THE
FEDERAL EMERGENCY MANAGEMENT AGENCY
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Approve Resolution 2024-xx to participate in the National Flood Insurance program and cooperate with the federal emergency management agency.
2. Authorize the Community Development Department to begin processing a floodplain management ordinance that meets or exceeds the minimum National Flood Insurance management programs criteria.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
In August 2023 California was impacted by a Pacific Hurricane- "Hurricane Hilary". The urricane cane brought raintall and strong winds that lead to weather advisories for the City of Huntington Park. Sandbag distributions were created to ensure properties withir the City did not suffer damage to their homes and minimize public and private losses due to flooding. Implementing a flood insurance program can attract investment in infrastructure projects when they see measures in place that proactively manage potential risks.
Title 9, Chapter 1 of the Huntington Park Municipal Code established that the development and use of land and structures requires comprehensive regulation through the implementation of planning and zoning, and that planning and zoning controls shall be implemented by local government to secure the public safety, promote health and general welfare, and promote the conservation of natural resources.
FACTS AND PROVISIONS
Flooding affects various regions, catching many property owners off guard as standard homeowners' insurance does not cover flood damage. To address this, the U.S.
Congress initiated the National Flood Insurance Program (NFIP) in 1968. Administered CONSIDERATION AND APPROVAL OF RESOLUTION 2024-XX TO PARTICIPATE
IN THE NATIONAL FLOOD INSURANCE PROGRAM AND COOPERATE WITH THE
FEDERAL EMERGENCY MANAGEMENT AGENCY
February 20, 2024
by the Federal Emergency Management Agency (FEMA), NFIP allows property owners in participating communities to purchase flood insurance as a safeguard. Residents in Huntington Park can obtain flood insurance through licensed agents and brokers working directly with FEMA or through private insurance companies in the Write Your Own (WYO) program. Coverage encompasses direct physical loss from a flood, defined as a general and temporary condition of inundation. The policy excludes losses caused by earth movement, such as earthquakes, landslides, and gradual erosion. It is important for property owners to engage with their insurance agents or contact the NFIP regarding coverage.
FISCAL IMPACT
A flood insurance program helps mitigate the financial risks associated with flood- related damage. Participating in a federally backed flood insurance program allows for potential eligibility for federal assistances and grants In the event of a disaster which would be a significant relief for the City.
CONCLUSION
Upon Council approval, staff will proceed with recommended actions.
Respectfully submitted,
RICARDO REYES
City Manager
STEVE FORSTER
Director of Community Development
1 RESOLUTION NO. 2024-02
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK,
STATE OF CALIFORNIA, TO PARTICIPATE IN THE NATIONAL FLOOD 3 INSURANCE PROGRAM AND COOPERATE WITH THE FEDERAL EMERGENCY
MANAGEMENT AGENCY
4 5 WHEREAS, the City Council recognizes the increasing risks and challenges associated with 6 unforeseen flooding and the potential impact on its residents and properties; and WHEREAS, participation in the National Flood Insurance Program (NFIP) provides crucial 8 resources and support to enhance the City of Huntington Park's resilience and preparedness for flood- 9 related events; and
10 WHEREAS, joining the National Flood Insurance Program demonstrates the City of 11 Huntington Park's commitment to mitigating flood risks, protecting its residents, and ensuring 12 responsible land use planning; and
13 WHEREAS, collaboration with the Federal Emergency Management Agency (FEMA) is 14 essential for effective disaster preparedness, response and recovery efforts as floods pose a significant 15 threat to public safety, property, and the general welfare of the community; and 16 WHEREAS, participating in the National Flood Insurance Program and cooperating with the 17 Federal Emergency Management Agency will strengthen the City of Huntington Park's ability to 18 address environmental challenges posed by flood-related events; and 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON 20 PARK DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
21 22 SECTION 1: The City of Huntington Park affirms its commitment to participating in the 23 National Flood Insurance Program as a vital component of its strategy to manage and reduce flood 24 risks within the city.
25 SECTION 2: The City Council authorizes the City Manager to take all necessary steps to 26 enroll in the NFIP, including establishing an agreement with FEMA to facilitate the implementation 27 of the program within city limits.
28 SECTION 3: The City pledges to work with the Federal Emergency Management Agency in 1 1 providing necessary information and support to enhance the effectiveness of FEMA's initiatives and 2 our local natural disaster response capabilities.
3 SECTION 4: The City commits to fostering public awareness and education amongst 4 property owners about the benefits of the NFIP and encouraging participation to protect themselves 5 against potential flood-related damages.
6 SECTION 5: The City Clerk shall certify the adoption of this Resolution. 7 PASSED, APPROVED, AND ADOPTED this 20th day of February, 2024 by the following 8 vote:
9 10
11 Mayor
12 13 ATTEST:
14 15
16 17 Eduardo Sarmiento, City Clerk
18 19
20 21
22 23
24 25
26 27
28 2
ITEM 5
CITY OF HUNTINGTON PARK
Community Development Department
City Council Agenda Report
February 20, 2024
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Honorable Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL FOR INNER CITY VISIONS (ICV) FUNDING
FROM THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FOR FISCAL YEARS (FY) 2025-2026, FY 2026-2027, AND FY 2027-2028.
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Award a Three (3) year professional service agreement (PSA), pending the approval of the PLHA grant, Inner City Visions to provide homeless outreach services for a not-to-exceed amount of $421,378.91;
2. Authorize City staff to electronically submit the ICV Contract in the PLHA Application to the • California Department of Housing and Community Development, Califomia Service-Now Portal (CSP).
3. Amend the Fiscal Year 2023-2024 Budget in accordance with the approved Fiscal Year allocation of funds.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTIONS
The Community Development Department continues to pursue funding opportunities that will support the City's goals related to assisting persons who are experiencing or At- risk of homelessness, including supportive and/or case management services that allow people to obtain and retain housing. To that end, the City is eligible to apply for the PLA grant to fund inner City Visions for FY 2025-2028.
CONSIDERATION AND APPROVAL FOR INNER CITY VISIONS (ICV) FUNDING
FROM THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FOR FISCAL YEARS (FY) 2025-2026, FY 2026-2027, AND FY 2027-2028.
February 20, 2024
The City has thoroughly vetted ICV. On November 10, 2021, the City issued a request tor qualitications (RFQ) from qualified and experienced homeless outreach service providers to provide case management, referral, and support services for homeless individuals within City limits. The City received one proposal, ICV, Staff reviewed the proposal and found it to be responsive and properly responsible in the requirements of the RFQ.
Additionally, ICV has a well-established relationship with the City. They have demonstrated continued exemplary performance and meet/exceeded their outreach goals. ICV outreach case managers have a long-standing relationship with the unhoused population in the City. For PLHA purposes, ICV will not require a RFQ because they have been thoroughly vetted, have a well-established relationship with the city, and are grandfathered in for PLHA purposes.
The City is applying for the PLHA grant and has listed ICV as a Proposed Activity. The requirement for this proposed activity is a PSA. The PLHA deadline is February 29, 2024. It is the staff's recommendation to award the professional services agreement to Inner City Visions, pending the PLHA grant approval, to fund them for FY 2025-2028.
FISCAL IMPACT/FINANCING
The City is applying for PLHA funding, in the amount of $2,686;264, over a three-year period. The PLHA grant has a 30% limit that can be used for service-based programs.
The amounts requested for ICV would not exceed the PLHA 30% service-based limit.
This action is to approve the ICV contract as a Proposed Activity to be funded by the PLHA for 3 Fiscal Years 2025-2026, 2026-2027, and 2027-2028.
Funding Year Grant Amount ICV ICV Percentage
2025-2026 $ 1,012,910 $133,670 13%
2026-2027 $ 1,114,676 $ 140,350 13%
2027-2028 558,678 $147,370 26%
Total $2,686,264 $ 421,390 16%
CONCLUSION
Staff recommends the City Council approve the ICV PSA for FY 2025-2028, pending the approval of the PLHA Grant. Upon Council's direction, staff will proceed with actions as directed.
CONSIDERATION AND APPROVAL FOR INNER CITY VISIONS (ICV) FUNDING
FROM THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FOR FISCAL YEARS (FY) 2025-2026, FY 2026-2027, AND FY 2027-2028.
February 20, 2024
Respectfully submitted,
RICARDO REYES
City Manager
STEVE FORSTER
Community Development Director
ATTACHMENTS):
A. Draft Professional Services Agreement for Inner City Visions B. Inner City Visions Proposal Letter
CALIFOR
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 1s* day of July 2025 (hereinafter, the "Effective Date"), by and between the CITY OF HUNTINGTON PARK, a municipal corporation ("CITY") and Inner City Visions, Inc. (Hereinafter, "CONTRACTOR").
For the purposes of this Agreement CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
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, CONTRACTOR agrees to perform the services and tasks set forth in Exhibit "A" (hereinafter referred to as the "Scope of Services").
CONTRACTOR further agrees to fumish to CITY all labor, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term "Work."
1.2 TERM: This Agreement shall commence on July 1, 2025, to June 30, 2028. It is the CONTRACTOR'S responsibility to request an extension at least (2) days in advance of the expiration of term of the Agreement. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause.
1.3 COMPENSATION:
A. CONTRACTOR shall perform the various services and tasks set forth in the Scope of Services Exhibit "A".
B. Section 1.3(A) notwithstanding, CONTRACTOR'S total compensation during the Tem of this Agreement or any extension term shall not exceed the budgeted aggregate sum of $421,390.00 (hereinafter, the "Not-to-Exceed Sum"), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and the Director of Finance. In the event CONTRACTOR'S charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONTRACTOR'S performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY-approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed. If the amount of CONTRACTOR'S monthly compensation is a function of hours worked by CONTRACTOR'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 notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
1.5 ACCOUNTING RECORDS: CONTRACTOR shall maintain complete and accurate records with respect to all matters covered under this Agreement during and for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. The City shall own all accounting records maintained by the CONTRACTOR.
1.6 ABANDONMENT BY CONTRACTOR: In the event CONTRACTOR 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, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR 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 CONTRACTOR'S cessation or abandonment.
Il. PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVES: The CITY hereby designates the City Manager and Interim Director of Community Development (hereinafter, the "CITY Representatives") to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONTRACTOR shall not accept directions or orders from any person other than the CITY. Representatives or their designee. 22 CONTRACTOR REPRESENTATIVE AND CONTACT INFORMATION:
CONTRACTOR hereby designates or designee to act as its representative for the performance of this Agreement (hereinafter, "CONTRACTOR Representative"). CONTRACTOR Representative shall have full authority to represent and act on behalf of the CONTRACTOR for all purposes under this Agreement. CONTRACTOR Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONTRACTOR Representative shall constitute notice to CONTRACTOR.
2.3 COORDINATION OF SERVICE: CONFORMANCE WITH REQUIREMENTS: CONTRACTOR 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 CONTRACTOR shall be subject to inspection and approval by CITY Representatives or their designees.
STANDARD OF CARE: PERFORMANCE OF EMPLOYEES: CONTRACTOR represents, acknowledges and agrees to the following:
A. l CONTRACTOR shall perform all Work skilfully, competently and to the highest standards of CONTRACTOR'S profession;
B. CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITY; C. CONTRACTOR 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. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONTRACTOR'S employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; and
All of CONTRACTOR'S employees and agents (including but not limited SUB- CONTRACTOR) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR'S own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR'S failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR'S employees, agents, and SUB-CONTRACTOR. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY'S acceptance of any work performed by CONTRACTOR or on CONTRACTOR'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 CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work skilifully, competently and to the highest standards of CONTRACTOR'S profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONTRACTOR 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 services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement.
In recognition of this interest, CONTRACTOR 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 CONTRACTOR'S duties or obligations under this Agreement without the prior written consent of CITY. 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.
2.6 CONTROL AND PAYMENT OF SUBORDINATES: INDEPENDENT CONTRACTOR: The Work shall be performed by CONTRACTOR or under CONTRACTOR'S strict supervision.
CONTRACTOR will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONTRACTOR on an independent CONTRACTOR basis and not as an employee. CONTRACTOR 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 CONTRACTOR'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 CONTRACTOR are not employees of CITY and shall at all times be under CONTRACTOR'S exclusive direction and control.
CONTRACTOR shall pay all wages, salaries and other amounts due such personel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' comensation insurance and the like.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR'S officers, employees, agents, or SUB-CONTRACTOR is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR'S officers, employees, agents, or SUBCONTRACTOR fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, or SUB-CONTRACTOR shall be promptly removed by CONTRACTOR and shall not be reassigned to perform any of the Work.
2.8 COMPLIANCE WITH LAWS: CONTRACTOR 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. CONTRACTOR'S compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.
2.9 NON-DISCIMINATION: In the performance of this Agreement, CONTRACTOR shall not disciminate against any employee, CONTRACTOR, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orentation, natonal origın, ancestry, age, physical or mental disability or medical condition.
2.10. INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONTRACTOR and all persons retained or employed by CONTRACTOR are, and shall at all times remain; wholly independent CONTRACTOR and are not officials, officers, employees, departments or subdivisions of CITY. CONTRACTOR shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONTRACTOR and SUB- CONTRACTOR. CONTRACTOR and all persons retined or employed by CONTRACTOR shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by CONTRACTOR or otherwise, unless such authority is expressly conferred to CONTRACTOR under this Agreement or is otherwise expressly conferred by CITY in writing.
III. INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONTRACTOR shall procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONTRACTOR shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) or its equivalent. Such CL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, B. Automobile Liability Insurance: CONTRACTOR 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 Two Million Dollars ($2,000,000.00) 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 and which shall indemnify, insure and provide legal defense for both CONTRACTOR and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONTRACTOR in the course of carrying out the Work contemplated in this Agreement.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL 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.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and 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: VII. 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.
3.4 PRIMACY OF CONTRACTOR'S INSURANCE: All policies of insurance provided by CONTRACTOR 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 CONTRACTOR'S insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR officers, employees, agents, CONTRACTOR or SUB- CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY.
3.6 VERIFICATION OF COVERAGE: CONTRACTOR acknowledges, understands and agrees, that CITY'S ability to verify the procurement and maintenance of the 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, CONTRACTOR warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. 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 and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONTRACTOR'S commencement of any work or any of the Work. Upon CITY'S written request, CONTRACTOR shall also provide CITY with certified copies of all required insurance policies and endorsements.
IV. INDEMNIFICATION
4.1 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 the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR'S commitment to indemnify, defend and protect CITY as set forth herein.
4.2 To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature 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 this Agreement.
4.3 CITY shall have the right to offset against the amount of any compensation due CONTRACTOR under this Agreement any amount due CITY from CONTRACTOR as a result of CONTRACTOR'S failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR'S failure to either (i) pay taxes on amounts received pursuant to this Agreement or (i) comply with applicable workers' compensation laws.
4.4 compensation act or similar act. CONTRACTOR 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.
4.5 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR 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 omissions of CONTRACTOR'S, SUB-CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY'S choice.
4.6 CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR 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, liability, loss, cost or expense.
This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V. TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONTRACTOR a minimum of five (5) calendar day's prior written notice of CITY'S intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination.
CONTRACTOR may not terminate this Agreement except for cause as provided under Section
5.2, below. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished or unfinished Documents and Data, as defined in Section
6.1 below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work. CONTRACTOR 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 5.2, below, shall operate to prohibit or otherwise restrict CITY'S ability to terminate this Agreement for convenience as provided under this Section.
5.2 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 Notice") which shall specify: (i) the nature of the Event of Default; (i) the action required to cure the Event of Default; (iii) 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 5.2.B and 5.2C 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 of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONTRACTOR 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 CONTRACTOR to timely provide CITY or CITY'S employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR 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, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR 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 fourteen (14) 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 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-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 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONTRACTOR 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 CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR'S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (i) CONTRACTOR'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; (iii) CONTRACTOR'S and/or its employees' disregard or violation of 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 CONTRACTOR, whether voluntary of involuntary; (v) CONTRACTOR'S refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY'S discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY shall cure any Event of Default asserted by CONTRACTOR within forty-five (45) calendar days of CONTRACTOR'S issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior 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 CONTRACTOR as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR'S Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR'S performance under this Agreement pending CONTRACTOR'S cure of any Event of Default by giving CONTRACTOR written notice of CITY'S intent to suspend CONTRACTOR'S performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY 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, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any 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:
i. Upon written notice to CONTRACTOR, CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, CITY may extend the time of performance;
ili. CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR'S breach of the Agreement or to terminate the Agreement; or
iv. CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY'S exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONTRACTOR'S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI. MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA: LICENSING OF INTELLECTUAL PROPERTY: All 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 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 CONTRACTOR 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. CONTRACTOR shall require all SUB-CONTRACTORS working on behalf of CONTRACTOR in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, üse, reuse, disseminate and retain Documents and Data prepared or assembled by any CONTRACTOR as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.
CONTRACTOR 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 similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or 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.
6.4 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:
CONTRACTOR: CITY:
Inner City Vision City of Huntington Park
1440 E. Florence Ave Community Development Department
Los Angeles, CA 90001 6550 Miles Avenue
Attr: Alfred Lomas Huntington Park, CA 90255
Phone: (323) 848.0004 Attn: Steve Forster
Phone: (323) 582-6161
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION: FURTHER ACTS: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONTRACTOR shall not SUB-CONTRACTOR any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. SUB-CONTRACTORS (including without limitation SUB-CONTRACTORS with Sub- CONTRACTOR'S), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONTRACTOR: CITY reserves the right to employ other CONTRACTOR in connection with the various projects worked upon by CONTRACTOR.
6.8 PROHIBITED INTERESTS: CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR 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 CONTRACTOR, any fee, commission, percentage, brokerage fee, 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.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 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, 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.
6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 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.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Agreement shall be valid or binding uniess executed in writing and signed by both Parties, supplements cannot be waived and any attempted waiver shall be void and invalid.
6.17 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.
6.18 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.
6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.
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 CONTRACTOR and the remaining two original counterparts shall be retained by CITY.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF HUNTINGTON PARK: INNER CITY VISIONS, INC.:
By: Ricardo Reyes By: Alfred Lomas
City Manager Executive Director
Date: Date:
APPROVED AS TO FORM:
By: City Attorney
Date: _
ATTEST:
By: Eduardo Sarmiento
City Clerk
Date:
ATTACHMENT B
EXHIBIT "A"
SCOPE OF WORK
INNER CITY VISIONS, INC.
EXHIBIT "A"
NER,
*supporting the transformation of communities through the reclaimed vision for the individual, the family, and the community."
** YOUTH DEY
SCOPE OF SERVICES
Program Summary
Inner City Vision (ICV) will provide case management, referral, and/or supportive services to the 282 unsheltered homeless individuals in Huntington Park as identified by the Los Angeles Homeless Services Authority's 2020 Homeless Count. This population, of which the vast majority (96%) are single Hispanic adults, and includes roughly 2% that constitute families, 1% veterans, and 1 percent unaccompanied youth. This targeted population has been identified within the Huntington Park 2020/2021-2024/2025 Consolidated Plan as being of high priority.
The development and implementation of our Street Outreach and Supportive Services Team (SOSST) is predicated upon our understanding of the overall goals of the County's Homeless Crisis Response System which facilitates the coordination and management of resources and services, the identified goals of Huntington Park, and the directive to address the needs of homeless individuals in the city. These understandings are gained though our 14-year history of providing street outreach, gang intervention and safe passage, case management, referrals, and supportive services through contracts and grants from a number of funders.
Research has shown that providing for the basic need of shelter proves effective in improving program participants' health and well-being in other areas; once stable housing is obtained, a major stressor is reduced, allowing them to focus their attention on other issues and needs.
The provision of permanent supportive housing, including housing assistance via our use of our internal Case Managers, and coordination with external LAHSA Housing Specialist and Housing Navigators from other partnering organizations, offers concrete and effective support to homeless individuals who may still be struggling with issues of daily living and decision- making as they seek to restore housing. This then is the concept of "Housing First" that has been embraced by ICV. ICV incorporates the Harm Reduction model, interlaced with the Housing First model, into its operations as a means of providing services for those who may be averse to becoming actively engaged in efforts to transition from the streets into permanent housing. This evidence-based model provides effective strategies to reducing negative consequences of homelessness.
Individuals identified and pre-screened by our Street Outreach and Supportive Services Team will be given a "warm handoff" to one of our Case Managers who will assess the individuals' needs and develop an Individualized Housing and Transition Plan with input from the homeless individual or family. Case Managers will also serve as an advocate and/or a liaison to ensure the homeless individual receives needed services and benefits, including housing, from partnering organizations and/or government agencies that provide entitlement benefits "supporting the transformation of communities through the * reclaimed vision for the individual, the family, and the community."
such General Relief. We have partnered with LAHSA, PATH, and HYC to ensure that ill willing participates that need assistance in housing are inputted into the HMIS system.
While our program will be housed at CV's headquarters at 1440 E. Florence Avenue, the SOSST, including the two Part-time Community Outreach Workers and two Part-time Case Managers will operate on the streets of HP and within our partnering homeless services providers to which we and/or the Huntington Police Department make referrals. Housing partners will include, but not limited to Su Casa Transitional Housing, La Family Housing, El Puente-The People Concern, Homeless Outreach Program-Integrated Care System, The Whole Child Family Housing Program, Salvation Army Transitional Living Center, LA County Department of Children and Family Services' Transitional Housing Program for Homeless Youth, and United Friends of the Children Pathways to name a few. Because of our extensive experience working with the homeless population, our integration into the network of service providers in HP, and our organization to ramp up for this program, we anticipate no barriers to begin implementation immediately:
Project Description
ICV's Outreach plan utilizes the program's dyad teams that are composed of a Case Manager and a Community Outreach Workers. Each team will be deployed to various areas within Huntington Park where homeless individuals are known to sleep and/or congregate. As previously mentioned, the two teams will focus attention particularly along the Alameda Corridor and known encampment areas such as the one on Randolph Avenue. Working in conjunction with the Los Angeles County Department of Public Health, ICV's outreach team will distribute COVID related educational information, PPE's including masks, hand sanitizers, and gloves, and distributed food and water to homeless individuals that were congregated in what was historically the mobile home area on Wilmington Avenue, namely from Florence to Gage Avenue.
Additional outreach efforts will be focused on several encampments, including the one on Randolph and Salt Lake Ave., and in the industrial area around Slauson Ave. and Sante Fe.
The business area around Pacific and Slauson will also targeted as many homeless individuals congregated and pan handled there. The Outreach Teams will also focus their efforts on a number of local parks where homeless individuals are known to congregate.
Specifically, Salt Lake, Freedom, and Perez parks will be targeted, and support provided to those in need.
While it is important to outreach directly to homeless individuals, it is equally important for "supporting the transformation of communities through the * reclaimed vision for the individual, the family, and the community."
Пок
PPREVENTION
ICV's teams to outreach to our partnering agencies in and around Huntington Park to develop or maintain referral relationships that will aid in finding housing and other supportive services for the homeless individuals we engage. These entities will include, but not limited to the following: Huntington Police Department, Su Casa Transitional Housing, La Family Housing, El Puente-The People Concern, Homeless Outreach Program-Integrated Care System, The Whole Child Family Housing Program, Salvation Army Transitional Living Center, LA County Department of Children and Family Services' Transitional Housing Program for Homeless Youth, and United Friends of the Children Pathways to name a few.
Huntington Park's population is 97% Hispanic and as such the primary languages in which we will provide services are English and Spanish. Our program staff is fluent in both languages.
The goals of Inner-City Visions:
1. Create a strong network of homeless providers we can partner with to support the homeless community.
2. Create a strong relationship with the homeless community to engage them in services.
3. House individuals, youth, and families.
4. Develop strategies & outcomes for clients.
5. Connect Outreach Teams from different agencies to follow up with our clients.
6. Transport clients to shelters, identification agencies, record building agencies, substance abuse centers and/or other services.
During the grant period, Inner City Visions will:
1. Information and referral services
2. Coordinated services delivered through case management services.
3. Linkages to housing and housing services
Linkages to medical and mental health services
Access to food and other needed provisions (Socks, hand sanitizers, wipes, tampons, garbage bags, toilet paper, etc.)
Summary of Services to be provided.
Homeless Prevention/Housing Assistance
Homeless Diversion
HER CITY VISIO
LA "supporting the transformation of communities through the * reclaimed vision for the individual, the family, and the community."
ON
Self-Sufficiency Skills Training
Outreach
Job Training/ Job Search
Referral Services
D Case Management
Total Project Year Project Amont Approved Budget
FY 2025-2026 $133,670 $ 133,670
FY 2026-2027 $ 140,350 $ 140,350
FY 2027-2028 $ 147,370 $ 147,370
"supporting the transformation of communities through the reclaimed vision for the individual, the family, and the community."
Budget Summary for our proposal aims to create a program that offers both immediate assistance and ongoing support for individuals experiencing or at risk of homelessness.
Proposed Expenditure Proposed Budget Approved Budget
Project FY 2025-2026
Total Project $ 133,670 FY 2025-2026 $133,670
Salaries
Program Coordinator $6,000 $ 6,000
Case Manager $50,000 $50,000
Case Manager $50,000 $50,000
Housing Navigator $12,000 $12,000
Benefit $15,670 $15,670
Total Salaries and Benefits $118,000 $118,000
Project FY 2026-2027
Total Project $ 140,350 FY 2026-2027 $140,350
Salaries
Program Coordinator $6,000 $ 6,000
Case Manager $50,000 $50,000
Case Manager $50,000 $50,000
Housing Navigator $12,000 $12,000
Benefit $22,350 $22,350
Total Salaries and Benefits $140,350 $140,350
Project FY 2027-2028
Total Project $ 147,370 FY 2027-2028 $ 147,370
Salaries
Program Coordinator $12,000 $12,000
Case Manager $50,000 $50,000
Case Manager $50,000 $50,000
V
ISION
"supporting the transformation of communities through the reclaimed vision for the individual, the family, and the community."
*PRETEN TION
Housing Navigator $12,000 $12,000
Benefit $23,370 $23,370
Total Salaries and Benefits $147,370 $147,370
ATTACHMENT "B"
February 12", 2024
Inner City Visions
South Los Angeles
To Steve Forster,
IN
Per your request, Inner City Visions is pleased to provide the enclosed proposal for your consideration. ICV has been providing services to the Florence Firestone and Huntington Park communities that have included street outreach, community violence prevention and intervention including homeless outreach.
Our proposal aims to create a program that offers both immediate assistance and ongoing support for individuals experiencing or at risk of homelessness. This comprehensive approach incorporates rental assistance and supportive case management to ensure individuals receive the necessary resources and tools for sustaining stable housing and improving their lives.
Executive Chair
Kevin Malone Supportive Case Management:
Alongside rental assistance, our program will feature case management component. Each participant will be paired with a dedicated case manager who Treasurer will provide personalized support throughout their journey.
Carlos Usmany
Expected Outcomes:
Secretary 1. Reduced homelessness and prevention of individuals at risk from becoming Angela Rumfalo homeless.
Founder and 2. Increased housing stability, leading to improved individuals' overall well-being Executive Director and productivity.
Alfred Lomas
3. Enhanced community safety and well-being through decreased homelessness- related crimes and public disturbances.
By establishing a program that combines rapid rehousing rental assistance and support case management, we will be able to offer a comprehensive and transformative solution to individuals experiencing or at risk of homelessness. We are confident that our program proposal will have a profound positive impact on individuals' lives and contribute towards alleviating homelessness in the 1440 E Florence Ave community.
Los Angeles, CA 90001
(323) 484.0004 Should you have any questions, feel free to contact me at any time in any of the forms below.
Sincerely,
ar
Alfred Lomas
Executive Director
O: 323.484.0004 | E: [email protected] | innercityvisions.org ITEM 6
CITY OF HUNTINGTON PARK
CIT) Community Development Department
City Council Agenda Report
LIFOR
February 20, 2024
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Honorable Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL TO AWARD PROFESSIONAL SERVICES
AGREEMENT TO HUB CITIES CAREER CENTER TO CREATE EMPLOYMENT
OPPORTUNITIES FOR RESIDENTS
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Award a One (1) year professional service agreement (PSA) to Hub Cities Career Center to create employment opportunities for residents.
2. Authorize the City Manager to execute the PSA.
BACKGROUND
On the regularly scheduled City Council Meeting of May 2, 2023, City Council adopted the Fiscal Year 2023-2024 Annual Action Plan for the Community Development Block Grant (CDBG) and HOME entitlement allocations. Hub Cities was appropriated $229,016.00.
The City is in receipt of a letter from Hub Cities with the scope of services and proposed budget for the aforementioned allocation. Staff reviewed the scope of services and proposed CDBG budget and found it to be in compliance with CDBG standards and regulations. Based on the proposal evaluated, it is the staffs recommendation to award the professional services agreement to Hub Cities Career Center.
FISCAL IMPACT
There will be no fiscal impact on the General Fund. This program will be funded through the Housing and Urban Development grant via the CDBG Program, from the following:
• Account Number FY 2023/24: 239-5210.463.73.02
CONSIDERATION AND APPROVAL TO AWARD PROFESSIONAL SERVICES
AGREEMENT TO HUB CITIES CAREER CENTER TO CREATE EMPLOYMENT
OPPORTUNITIES FOR RESIDENTS
February 20, 2024
CONCLUSION
Upon the Council's direction, staff will proceed with actions as directed.
Respectfully submitted,
RICARDO REYES
City Manager
STEVE FORSTER
Community Development Director
ATTACHMENTS):
A. Draft Professional Services Agreement for Hub Cities Career Center ATTACHMENT "A"
CALFORNA
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 1st day of July 2023 (hereinafter, the "Effective Date"), by and between the CITY OF HUNTINGTON collectively by the capitalized term "Parties."
CONTRACTOR interchangeably.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
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, CONTRACTOR agrees to perform the services and tasks set forth in Exhibit "A" (hereinafter referred to as the "Scope of Services").
CONTRACTOR further agrees to furnish to CITY all labor, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term "Work."
1.2 TERM: This Agreement shall commence on July 1, 2023 to June 30, 2024. It is the CONTRACTOR'S responsibility to request an extension at least (2) days in advance of the expiration of term of the Agreement. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause.
1.3 COMPENSATION:
A. CONTRACTOR shall perform the various services and tasks set forth in the Scope of Services Exhibit "A".
B. Section 1.3(A) notwithstanding, CONTRACTOR'S total compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of $229,016.00 (hereinafter, the "Not-to-Exceed Sum"), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and the Director of Finance. In the event CONTRACTOR'S charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONTRACTOR'S performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY-approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed.
If the amount of CONTRACTOR'S monthly compensation is a function of hours worked by If the amount of CONTRACTOR'S monthly compensation is a function of hours worked by CONTRACTOR'S personnel, the invoice shall indicate the number of hours worked in the recently 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 notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
1.5 ACCOUNTING RECORDS: CONTRACTOR shall maintain complete and accurate records with respect to all matters covered under this Agreement during and for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. The City shall own all accounting records maintained by the CONTRACTOR.
1.6 ABANDONMENT BY CONTRACTOR: In the event CONTRACTOR 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, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR 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 CONTRACTOR'S cessation or abandonment.
II. PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVES: The CITY hereby designates the City Manager and Interim Director of Community Development (hereinafter, the "CITY Representatives") to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative.
The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONTRACTOR shall not accept directions or orders from any person other than the CITY Representatives or their designee.
2.2 CONTRACTOR REPRESENTATIVE AND CONTACT INFORMATION:
CONTRACTOR hereby designates or designee to act as its representative for the performance of this Agreement (hereinafter, "CONTRACTOR Representative"). CONTRACTOR Representative shall have full authority to represent and act on behalf of the CONTRACTOR for all purposes under this Agreement. CONTRACTOR Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONTRACTOR Representative shall constitute notice to CONTRACTOR.
2.3 COORDINATION OF SERVICE: CONFORMANCE WITH REQUIREMENTS: CONTRACTOR 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 CONTRACTOR shall be subject to inspection and approval by CITY Representatives or their designees.
2.4 STANDARD OF CARE: PERFORMANCE OF EMPLOYEES: CONTRACTOR represents, acknowledges and agrees to the following:
CONTRACTOR shall perform all Work skillfully, competently and to the highest standards of CONTRACTOR'S profession;
B. CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITY; C. CONTRACTOR 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. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONTRACTOR'S employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; F. All of CONTRACTOR'S employees and agents (including but not limited SUB- CONTRACTOR) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR'S own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR'S failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR'S employees, agents, and SUB-CONTRACTOR. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion.
The Parties acknowledge and agree that CITY'S acceptance of any work performed by CONTRACTOR or on CONTRACTOR'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 CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONTRACTOR'S profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONTRACTOR 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 services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR 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 CONTRACTOR'S duties or obligations under this Agreement without the prior written consent of CITY. 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.
2.6 CONTROL AND PAYMENT OF SUBORDINATES: INDEPENDENT CONTRACTOR: The Work shall be performed by CONTRACTOR or under CONTRACTOR'S strict supervision.
CONTRACTOR will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONTRACTOR on an independent CONTRACTOR basis and not as an employee. CONTRACTOR 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 CONTRACTOR'S competent and timely performance information. Any additional personnel performing the Work under this Agreement on behalf of CONTRACTOR are not employees of CITY and shall at all times be under CONTRACTOR'S exclusive direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR'S officers, employees, agents, or SUB-CONTRACTOR is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR'S officers, employees, agents, or SUBCONTRACTOR fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, or SUB-CONTRACTOR shall be promptly removed by CONTRACTOR and shall not be reassigned to perform any of the Work.
2.8 COMPLIANCE WITH LAWS: CONTRACTOR 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. CONTRACTOR'S compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.
2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, CONTRACTOR, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
2.10. INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONTRACTOR and all persons retained or employed by CONTRACTOR are, and shall at all times remain, wholly independent CONTRACTOR and are not officials, officers, employees, departments or subdivisions of CITY. CONTRACTOR shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONTRACTOR and SUB-CONTRACTOR. CONTRACTOR and all persons retained or employed by CONTRACTOR shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by CONTRACTOR or otherwise, unless such authority is expressly conferred to CONTRACTOR under this Agreement or is otherwise expressly conferred by CITY in writing.
IlI. INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONTRACTOR shall procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONTRACTOR shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and CONTRACTOR dual liability.
B. Automobile Liability Insurance: CONTRACTOR 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 Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
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 and which shall indemnify, insure and provide legal defense for both CONTRACTOR and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONTRACTOR in the course of carrying out the Work contemplated in this Agreement.
3.2 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 insurers.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and 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: VII. 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.
3.4 PRIMACY OF CONTRACTOR'S INSURANCE: All policies of insurance provided by CONTRACTOR 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 CONTRACTOR'S insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR officers, employees, agents, CONTRACTOR or SUB-CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY.
3.6 VERIFICATION OF COVERAGE: CONTRACTOR acknowledges, understands and agrees, that CITY'S ability to verify the procurement and maintenance of the 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, CONTRACTOR warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute be signed by a person authorized by that insurer to bind coverage on its behalf and shall shall be received and approved by CITY as a condition precedent to CONTRACTOR'S commencement of any work or any of the Work. Upon CITY'S written request, CONTRACTOR shall also provide CITY with certified copies of all required insurance policies and endorsements.
IV. INDEMNIFICATION
4.1 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 the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR'S commitment to indemnify, defend and protect CITY as set forth herein.
4.2 To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless, and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature 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 this Agreement.
4.3 CITY shall have the right to offset against the amount of any compensation due CONTRACTOR under this Agreement any amount due CITY from CONTRACTOR as a result of CONTRACTOR'S failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR'S failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.
4.4 The obligations of CONTRACTOR under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONTRACTOR 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.
4.5 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR 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 omissions of CONTRACTOR'S, SUB-CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY'S choice.
4.6 CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR 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, liability, loss, cost or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V. TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONTRACTOR a minimum of five (5) calendar day's prior written notice of CITY'S intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination. CONTRACTOR may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work.
CONTRACTOR 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 5.2, below, shall operate to prohibit or otherwise restrict CITY'S ability to terminate this Agreement for convenience as provided under this Section.
5.2 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 Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) 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 5.2.B and 5.2C 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 of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONTRACTOR 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 CONTRACTOR to timely provide CITY or CITY'S employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR 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, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR 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 ii. Within fourteen (14) 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 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-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 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONTRACTOR 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 CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR'S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR'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; (iii) CONTRACTOR'S and/or its employees' disregard or violation. of 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 CONTRACTOR, whether voluntary of involuntary; (V) CONTRACTOR'S refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY'S discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY shall cure any Event of Default asserted by CONTRACTOR within forty-five (45) calendar days of CONTRACTOR'S issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior 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 CONTRACTOR as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR'S Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR'S performance under this Agreement pending CONTRACTOR'S cure of any Event of Default by giving CONTRACTOR written notice of CITY'S intent to suspend CONTRACTOR'S performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY 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 or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any 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:
i. Upon written notice to CONTRACTOR, CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, CITY may extend the time of performance; ill. CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR'S breach of the Agreement or to terminate the Agreement; or
iv. CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY'S exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONTRACTOR'S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI. MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA: LICENSING OF INTELLECTUAL PROPERTY: All 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 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 CONTRACTOR 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. CONTRACTOR shall require all SUB- CONTRACTORS working on behalf of CONTRACTOR 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 CONTRACTOR as applies to • Documents and Data prepared by CONTRACTOR in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR 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 similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or 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.
6.4 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:
CONTRACTOR: CITY:
Hub Cities Career Center Corporation City of Huntington Park Attn: Jose Martinez Attn: Ricardo Reyes, City Manager
4354 Tweedy Blvd. 6550 Miles Avenue
South Gate, CA 90280 Huntington Park, CA 90255
Phone: (323) 586-4700 Phone: (323) 582-6161
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION: FURTHER ACTS: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONTRACTOR shall not SUB-CONTRACTOR any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. SUB-CONTRACTORS (including without limitation SUB-CONTRACTORS with Sub- CONTRACTOR'S), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONTRACTOR: CITY reserves the right to employ other CONTRACTOR in connection with the various projects worked upon by CONTRACTOR.
6.8 PROHIBITED INTERESTS: CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR 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 CONTRACTOR, any fee, commission, percentage, brokerage fee, 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.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 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, 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.
6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 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.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6.16 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.
6.17 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.
6.18 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.
6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Agreement. No. statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.
6.20 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 counterpart(s) 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 CONTRACTOR and the remaining two original counterparts shall be retained by CITY.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF HUNTINGTON PARK: HUB CITIES CAREER CENTER
CORPORATION
By: Ricardo Reyes By: Jose Martinez
City Manager Executive Director
Date: Date:_
EXHIBIT "A"
SCOPE OF WORK
HUB CITIES CAREER CENTER CORPORATION
EXHIBIT "A"
HUBCITIES
CAREER CENTER
•Project Proposal:
Name: Hub Cities Economic Development
Type: Economic Development
Start Date: July 1, 2023
Estimated Completion Date: June 30, 2024
Funding Request $229,016.00
Organization Information:
Name of Organization: Hub Cities Career Center Corporation Address: 4354 Tweedy Blvd., South Gate, CA 90280
Phone number: (323) 586-4700
Fax number: (323) 586-4702
Website: www.hubcities.org
Year Established: 2002
Type of Agency: Non-Profit
Chief Executive Officer: Jose Martinez
Hours of Operation: Monday-Friday 8-5 pm
Organization Overview:
Hub Cities Career Center (HCCC) is a non-profit organization which was established in 2002 and is located in the city of South Gate. HCCC was created to support the programmatic efforts of Hub Cities Consortium the current operator of the Southeast Los Angeles America's Job Center of California (AJCC). Over the past 30 years HCCC has received funding from the LA County Probation Department, the Weingart Foundation, United Way, Covered CA, as well as CDBG grants from the cities of Huntington Park and South Gate. HCCC has been certified as a social enterprise for the last five years and is on the Master agreement list with Los Angeles County.
Program Overview/Scope of Services:
Our previous contract with Los Angeles County Department of Economic Opportunity (DEO), dictated that the Southeast LA AJCC be centrally located in South Gate. As the operator of the Southeast LA AICC, we committed to moving the center. As such our non-profit relocated as well.
Over the last three years, we have engaged with a consultant to assist us in securing a building with enough square footage to house HCC, EDD, other partner agencies and the non-profit agency. Through this process, we have ensured to address the needs of all stakeholders, including EDD, DEO, and our Board of Directors which represent our 6-member cities. We have since secured a building, signed a lease, worked with an architect to design the building and completed construction. We moved in all staff and began providing services to the public on July 5, 2023.
As a result of our recent move, we have been granted new programs and are in need of hiring additional staff. We have an opportunity to provide additional participant services. We are requesting funds in the amount of $229,016 to create employment opportunities for residents in our community. We are committed to hiring individuals that reside within Huntington Park and surrounding cities that have low to moderate income.
HP CDBG - July 1 2023-June 30 2024
2080 1.2% 6.20% 1.45% 0.60%
12 Summary of Staff Monthly Total Hub Cities
Hourly Rate Mo fte SUI SDI FICA MACARE wC Total Total Salaries and Positions Salary Salaries Fringe In-Kind
Clerical Assistant 20.00 12 100% Fringe Benefits
3,467 41,600 434 499 2,579 603 250 4,365 45,965
Clerical Assistant 17.00 12 100% 2,947 35,360 434 424 2,192 513 212 3,776 Clerical Assistant 18.00 12 100% 3,120 37,440 434 2,321 39,136 449 543 225 3,972 41,412
Clerical Support 18.00 12 100% 3,120 37,440 434 449 2,321 543 225 3,972 Clerical Support 19.00 12 100% 3,293 41,412
39,520 434 474 2,450 573 237 4,169 43,689
Clerical Support 19.00 12 100% 3,293 39,520 434 474 2,450 573 237 4,169 Clerical Support 19.00 12 100% 43,689
39,520 434 474 2,450 573 237 4,169 43,689
Total 270,400 3,038 3,245 16,765 3,921 1,622 28,591
298,991 69,975
Administration in Kind
30,000
HP CDBG Budget
229,016
Hub Cities In - Kind
99,975
Total Budget Costs
328,991
ITEM 7
CITY OF HUNTINGTON PARK
Community Development Department
City Council Agenda Report
CALIFORN
February 20, 2024
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Honorable Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL TO AMEND THE MICHAEL BAKER
INTERNATIONAL, INC. FOR PROFESSIONAL SERVICES RELATED TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CARES ACT (CV), AND THE
HOME INVESTMENT PARTNERSHIP ACT (HOME) GRANT ADMINISTRATION IT IS RECOMMENDED THAT CITY COUNCIL:
1. Authorize an amendment for professional services related to the CDBG-CV and HOME grant administration and
2. Authorize the City Manager to execute the amendments.
BACKGROUND
ur the ed stato eched the Michae Backer montra for Col and 23 tea Ciri services. Michael Baker Internation has performed competently over the course of the last years. Stafi requested a proposal for administrative services, including but not limited to, the Home Repair Program (HRP), funded with the HOME grant, and the Emergency Rental Assistance Program (ERAP), funded with CDBG-CV grant.
The City is in receipt of the Proposal Letters for the administration services of the CDBG CARES Act and the HOME Investment Partnership by Michael Baker. The cost of the services performed by Michael Baker International is entirely borne by their respective:
grant funds.
FISCAL IMPACT
There is no impact to the City's general fund as all fees and costs related to the CDBG- CV and HOME grant are expensed in the grant itself.
CONSIDERATION AND APPROVAL TO AMEND THE MICHAEL BAKER
INTERNATIONAL, INC. FOR PROFESSIONAL SERVICES RELATED TO THE CDBG-
CV, AND THE HOME GRANT ADMINISTRATION
February 20, 2024
CONCLUSION
Upon the Council's direction, staff will proceed with actions as directed.
Respectfully submitted,
RICARDO REYES
City Manager
STEVE FORSTER
Community Development Director
ATTACHMENT(S):
A. Letter Proposal for CARES Act Implementation
B. Letter Proposal for HOME Investment Partnership Act Management Assistance C. Second Amendment to Professional Services Agreement Administration of Community Development Block Grant and HOME
ATTACHMENT "A"
Michael Baker We Moke a Difference
INTERNATIONAL
July 1, 2023
Ms. Ishah Ahumada
Project Manager
City of Huntington Park
6550 Miles Avenue
Huntington Park CA 90255
Subject: Letter Proposal for CARES Act Implementation
Dear Ms. Ahumada:
Michael Baker International (Michael Baker) is pleased to submit this letter proposal to assist the City of Huntington Park with its local implementation of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Assistance may include drafting deliverables, responding to inquiries, and developing activities that will meet the United States Department of Housing and Urban Development (HUD) regulations.
Michael Baker is assisting multiple jurisdictions throughout California with their administration of CARES Act funds. This experience, as well as our history with the City of Huntington Park, makes us well-qualified to assist the City with securing and planning for the utilization of its allocation of CARES Act funds.
Our key personnel are committed to providing a high level of service and look forward to building upon our excellent, working relationship with the City. Damien Delany will be the contact person for this project, with Monika Koos and Winnie Rebecca offering technical assistance as needed.
The services to be provided are as follows:
Task 1: Federal Grant Management Assistance
Michael Baker will provide on-site staffing with additional on-call staff support to help keep the City's CDBG-CV programs on task and on schedule. Management tasks will include:
Updating project eligibility cover sheets;
Participating and responding as necessary to requests for comments on any other CDBG plans and reports;
• Performing general program administration and coordinating with HUD.
We understand that the CARES Act funds are an unprecedented, but vital source of funding for the City of Huntington Park to combat COVID-19 and will ensure activities and steps taken to implement these funds are compliant with HUD regulations. Michael Baker will provide thoughtful planning, ensure allowed usage of CDBG-CV funds, and adhere to HUD requirements.
MBAKERINTI..COM 3760 Kilroy Airpart V Sulte 2/0 Long Beach, CA 90805 P: (552)200-773
City of Huntington Park- CARES Act Funds
Budget
Michael Baker staff will provide the requested assistance on a time and materials basis and will bill monthly only for labor costs incurred. The budget below is based on a weekly hourly estimate and monthly cost estimate to provide the services described above. These are not to exceed costs.
Tasks Fee
Task 1. CARES Act Funding Administration $43,481.00
TOTAL FEE $43,481.00
Below are the Positions and Hourly Rates for staff that will be assigned to assist the City of Huntington Park:
Position Hourly Rate
Dept. Manager $200.00
Housing Manager $160.00
Housing Planner $90.00
Project Control Specialist $120.00
We appreciate the opportunity to submit this proposal and look forward to assisting the City of Huntington Park with CARES Act implementation. If you have any questions, please contact Damien Delany at (562) 200-7177 or [email protected].
Sincerely,
William M. Hoose, AICP
Vice President
MBAKERINTL COM 3750 Kilroy Airport Way: Suit 2701 ang. Heach, CA 90808 P: 156> 200-2173
ATTACHMENT "B"
Michael Baker We Make a Difference
INTERNATIONAL
July 1, 2023
Ms. Ishah Ahumada
Project Manager
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Subject: Letter Proposal for HOME Investment Partnership Act Management Assistance Dear Ms. Ahumada:
In response to your recent request, Michael Baker International (Michael Baker) is pleased to submit this proposal to provide HOME Investment Partnership Act (HOME) Administration assistance for the City of Huntington Park. Michael Baker is a leading global provider of engineering, planning, and other consulting services. The firm, which is a corporation, was founded in 1940 and provides a comprehensive range of innovative services and solutions to support federal, state, and municipal government agencies and other diverse clients.
Michael Baker is proposing to provide all the services required to provide HOME Administrative Services in compliance with U.S. Department of Housing and Urban Development (HUD) Guidelines. The specific services to be provided are as follows:
GRANT ADMINISTRATION
Task 1: Federal Grant Management Assistance
Michael Baker will provide on-site staffing with additional on-call staff support to help keep the City's HOME programs on task and on schedule. Management tasks will include:
• Assist with the preparation of and review 2023/2024 Consolidated Annual Performance Evaluation Report
• Perform review of IDIS activities
Reviewing quarterly reports.
Reviewing invoices.
Tracking program finances and accomplishments.
• Support affordable housing projects.
• Updating project eligibility cover sheets.
• Participating and respond as necessary to requests for comments on any other HOME plans and reports.
• Responding to requests for information from auditors and other regulatory agencies. • Responding to monitoring reports, findings, and concerns provided by HUD.
Performing general program administration and coordination with HUD. • Conducting staff training - including training for financial staff and program staff, if requested. • Conduct Monitoring of the HOME funded Affordable Housing Units • Conduct site inspections for the HOME funded units
ИВАк GM 3760 K1
Alrport Way Suite 2/0 Long Beach, CA 00В06
P: (562)700-7173
City of Huntington Park - HOME Assistance
Task 2: Home Repair Program
Michael Baker will provide on-site staffing with staff support to help keep the City's HOME Repair Program on task and on schedule. Management tasks will include but not be limited to:
• Development of Application
• Development of Program Guidelines
• Development of Program Documents (Loan and Grant Agreements) • Marketing Materials for Program
• Application Intake
• Applicant Approval
Development of Work Write Up
Secure Bids from Qualified Contractors
Project Management
• Meetings with Contractors & Homeowners
• Ensure work completed
Project Close Out
Damien Delany will be the contact person for this project, with Monika Koos, Winnie Rebecca and Jessica Budin-Caloroso offering assistance as needed.
Michael Baker staff will provide assistance on a time and materials basis and will bill monthly only for labor costs incurred. The Not to Exceed Fee will be $120,750. The budget is based on an hourly estimate to provide the services described in the above tasks.
Tasks Fee
Task 1. HOME Program Administration $50,570.00
Task 2. Home Repair program Administration $70,000.00
TOTAL FEE $120,570.00
Below are the Positions and Hourly Rates for staff that will be assigned to assist the City of Huntington Park:
Position Hourly Rate
Dept. Manager $200.00
Housing Manager $160.00
MBAKERINTL.COM 3760 Kilray Airport War Suite 270 ach, CA g080E P: 1567200-7173
City of Huntington Park - HOME Assistance
Housing Planner $90.00
Project Control Specialist $120.00
We appreciate the opportunity to submit this proposal and look forward to assisting the City of Huntington Park with the operation of its HOME Investment Partnership Act Program.
If you have any questions, please contact Damien Delany at (562) 200-7177 or [email protected].
Sincerely,
William M. Hoose, AICP
Vice President
MBAKERINTL.COM 3750 Kilroy Alport Way, Sulte 270 Long Beach. CA 90806 P: (562)200-1173
ATTACHMENT "C"
ETON
ALIFORNIA
SECOND AMENDMENT TO PROFESIONAL SERVICES AGREEMENT
ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT CARES ACT
AND HOME PROGRAM
THIS SECOND AMENDMENT AGREEMENT ("Agreement") is made as of July 1, 2023, by and between the CITY OF HUNTINGTON PARK, a municipal corporation, (City") and Michael Baker Internation, (hereinafter, " Consultant"). For the purposes of this Agreement City and Consultant may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Consultant interchangeably.
Based on and in consideration of the mutual promises set forth below, the parties agree as follows:
RECITALS
This Professional Services Agreement is made and entered into with respect to the following facts:
WHEREAS, THE City requires assistance with various consulting services and tasks set for in the Scope of Services Exhibit "A".
WHEREAS, the contract timeline is June 30, 2024, and the compensation for the work covered is $120,570.00 (One Hundred and Twenty Thousand, Five Hundred and Seventy Dollars) for the HOME Program and Home Repair Program Administration Services.
WHEREAS, the contract timeline is June 30, 2024, and the compensation for the work covered is $ 43,481 (Forty Three Thousand, Four Hundred and Eighty One Dollars) for the CARES Act Funding Administration Services.
NOW THEREFORE, in consideration of the promises and mutual promises herein contained, it is agreed as follows:
1. Except as otherwise set forth in this Second Amendment, the terms of the Agreement shall control. This Second Amendment with the Professional Services Agreement shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
Office of Community Development
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment Agreement to be executed on the day and year first appearing in this Agreement, above.
CITY OF HUNTINGTON PARK: MICHAEL BAKER INTERNATIONAL:
By:_ By:
Ricardo Reyes William M. Hoose
City Manager Vice President
Date: Date:
ATTEST:
BY Eduardo Sarmiento
City Clerk
APPROVED AS TO FORM:
By Arnold M. Alvarez-Glasman
City Attorney
6550 Miles Avenue Huntington Park, CA 90255 www.huntingtonpark.org (323) 582-6161
ITEM 8
CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report
February 20, 2024
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Honorable Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT
FOR FIRE PROTECTION ALARM SYSTEM PROJECT FOR CITY HALL AND OTHER
CITY BUILDINGS
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Award Jam Corporation the construction contract for Fire Protection alarm system for a not-to-exceed amount of $983,900.00.
2. Authorize the Authors) tand project De for this specific project i under to process pre invoices; and
3. Authorize the City Manager to execute the construction contract agreement.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
At the regularly scheduled City Council Meeting of May 3, 2022, the City Council authorized Radiant Fire & Integration Inc. Dba. Radiant Fire Alarm Systems to design the fire protection alarm system throughout City facilities. The fire protection system at City facilities is a life safety concern that is addressed with the award of this contract. Fire protection systems are designed on all applicable structures as it is essential to protect public safety, public property and to comply with current building codes. Approval has been obtained from the Los Angeles County Fire Department as well.
The Notice of Inviting Bids (NIB) was published on January 10, 2024, in a newspaper of general circulation. The contract specifications were posted in the City's website and redistributed by several electronic media outlets that post the bid package on e-bid boards. A bid opening was held on February 1, 2024, where the City Clerk opened and read one (1) bid.
CONSIDERATION AND APPROVAL TO EXECUTE A CONTRACT TO INSTALL FIRE
ALARM SERVICES
October 17, 2023
Bidder Total Bid
Jam Corporation $983,900.00
in Attachment 2.
LEGAL REQUIREMENT
The City adhered to Public Contract Code sections 20161 and 20162, which mandates Calitornia public works projects to be competitively bid. The public works competitive bidding laws are intended to eliminate favoritism, fraud, and corruption in the awarding of public contracts.
The construction contract agreement conforms with all applicable Federal, State, local and public contracting codes and consents to the proper execution by the City Manager.
FISCAL IMPACT/FINANCING
Staff recommends executing the contract with Jam Corporation for Fire Protection alarm system project for city hall and other City Buildings for a not-to-exceed amount of $983,900.00. Staff recommends authorizing the Finance Department to provide the funding source, account numbers) and project code for this specific project in order to process project invoices.
CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.
Respectfully submitted,
RICARDO REYES
City Manager
Steve Forster
Acting Director of Public Works
CONSIDERATION AND APPROVAL TO EXECUTE A CONTRACT TO INSTALL FIRE
ALARM SERVICES
October 17, 2023
ATTACHMENT(S)
A. Jam Corporation Contract
B. Fire System Project Bid Results
Attachment A
CONTRACTOR SERVICES AGREEMENT
FIRE ALARM PROTECTION SYSTEM AT CITY FACILITIES
THIS CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into this 20th day of February 2024 (hereinafter, the "Effective Date"), by and between the CITY OF HUNTINGTON PARK, a municipal corporation ("CITY") and JAM Corporation (hereinafter, "CONTRACTOR"). For the purposes of this Agreement CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
I. 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, CONTRACTOR agrees to perform the services and tasks set forth in Exhibit "A" (hereinafter referred to as the "Scope of Services").
CONTRACTOR further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term "Work."
1.2 TERM: This Agreement is approved as of February 20, 2024. The contract period for this project is forty (40) working days from the effective date of the Notice-to-Proceed to be issued by the City. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause.
1.3 COMPENSATION:
A. CONTRACTOR shall perform the various services and tasks set forth in the Scope of Services Exhibit "A".
B. Section 1.3(A) notwithstanding, CONTRACTOR'S total compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of $983,900.00 (hereinafter, the "Not-to-Exceed Sum"), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and the Director of Public Works. In the event CONTRACTOR'S charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONTRACTOR'S performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY-approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed. If the amount of CONTRACTOR'S monthly compensation is a function of hours worked by CONTRACTOR'S personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the
B. CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITY;
C. CONTRACTOR 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. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; All of CONTRACTOR'S employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; and
F. All of CONTRACTOR'S employees and agents (including but not limited SUB- CONTRACTOR) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR'S own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR'S failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR'S employees, agents, and SUB-CONTRACTOR. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY'S acceptance of any work performed by CONTRACTOR or on CONTRACTOR'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 CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONTRACTOR'S profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONTRACTOR 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 services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR 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 CONTRACTOR'S duties or obligations under this Agreement without the prior written consent of CITY. 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.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work shall be performed by CONTRACTOR or under CONTRACTOR'S strict supervision. CONTRACTOR will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONTRACTOR on an independent CONTRACTOR basis and not as an employee. CONTRACTOR 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 CONTRACTOR'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 CONTRACTOR are not employees of CITY and shall at all times be under CONTRACTOR'S exclusive direction and control.
CONTRACTOR shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR'S officers, employees, agents, or SUB-CONTRACTOR is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR'S officers, employees, agents, or SUBCONTRACTOR fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, or SUB-CONTRACTOR shall be promptly removed by CONTRACTOR and shall not be reassigned to perform any of the Work.
2.8 COMPLIANCE WITH LAWS: CONTRACTOR 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. CONTRACTOR'S compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.
2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, CONTRACTOR, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
2.10. INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONTRACTOR and all persons retained or employed by CONTRACTOR are, and shall at all times remain, wholly independent CONTRACTOR and are not officials, officers, employees, departments or subdivisions of CITY. CONTRACTOR shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONTRACTOR and SUB- CONTRACTOR. CONTRACTOR and all persons retained or employed by CONTRACTOR shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by CONTRACTOR or otherwise, unless such authority is expressly conferred to CONTRACTOR under this Agreement or is otherwise expressly conferred by CITY in writing.
III. INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONTRACTOR shall procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONTRACTOR shall procure and maintain Commercial General Liability Insurance (CL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and CONTRACTOR dual liability.
B. Automobile Liability Insurance: CONTRACTOR 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 Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
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 and which shall indemnify, insure and provide legal defense for both CONTRACTOR and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONTRACTOR in the course of carrying out the Work contemplated in this Agreement.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL 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.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and 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: VII. 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.
3.4 PRIMACY OF CONTRACTOR'S INSURANCE: All policies of insurance provided by CONTRACTOR 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 CONTRACTOR'S insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR officers, employees, agents, CONTRACTOR or SUB- CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY.
3.6 VERIFICATION OF COVERAGE: CONTRACTOR acknowledges, understands and agrees, that CITY'S ability to verify the procurement and maintenance of the 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, CONTRACTOR warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. 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 and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONTRACTOR'S commencement of any work or any of the Work.
Upon CITY'S written request, CONTRACTOR shall also provide CITY with certified copies of all required insurance policies and endorsements.
IV. INDEMNIFICATION
4.1 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 the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR'S commitment to indemnify, defend and protect CITY as set forth herein.
4.2 To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature 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 this Agreement.
4.3 CITY shall have the right to offset against the amount of any compensation due CONTRACTOR under this Agreement any amount due CITY from CONTRACTOR as a result of CONTRACTOR'S failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR'S failure to either (i) pay taxes on amounts received pursuant to this Agreement or (i) comply with applicable workers' compensation laws.
4.4 The obligations of CONTRACTOR under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONTRACTOR 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.
CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR 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 omissions of on bahat o CONTRACTOR n the pard CONTRACTOR'S, SUB-CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY'S choice.
4.6 CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR 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, liability, loss, cost or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V. TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONTRACTOR a minimum of five (5) calendar day's prior written notice of CITY'S intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination.
CONTRACTOR may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work. CONTRACTOR 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 5.2, below, shall operate to prohibit or otherwise restrict CITY'S ability to terminate this Agreement for convenience as provided under this Section.
5.2 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 Notice") which shall specify: (i) the nature of the Event of Default; i) the action required to cure the Event of Default; (iii) 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 5.2.B and 5.2C 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 of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONTRACTOR shall cure the following Events of Defaults within the following time periods:
Within three (3) business days of CITY'S issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY'S employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR 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, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the 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 fourteen (14) 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 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-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 5.2B.ii• that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONTRACTOR 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 CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR'S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR'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; (iii) CONTRACTOR'S and/or its employees' disregard or violation of 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 CONTRACTOR, whether voluntary of involuntary; (v) CONTRACTOR'S refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY'S discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY shall cure any Event of Default asserted by CONTRACTOR within forty-five (45) calendar days of CONTRACTOR'S issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior 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 CONTRACTOR as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR'S Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR'S performance under this Agreement pending CONTRACTOR'S cure of any Event of Default by giving CONTRACTOR written notice of CITY'S intent to suspend CONTRACTOR'S performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY 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, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any 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:
i. Upon written notice to CONTRACTOR, CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, CITY may extend the time of performance;
ili. CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR'S breach of the Agreement or to terminate the Agreement; or
iv. CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY'S exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONTRACTOR'S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI. MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All 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 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 CONTRACTOR 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 copyrights, designs, and other intellectual property embodied in all Documents and Data.
CONTRACTOR shall require all SUB-CONTRACTORS working on behalf of CONTRACTOR 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 CONTRACTOR as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.
CONTRACTOR 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 similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or 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.
6.4 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:
CONTRACTOR: CITY:
JAM Corporation
1930 S. Myrtle Ave. City of Huntington Park
Monrovia, CA 91016 Public Works Department
Attn: John Mongillo 6550 Miles Avenue
Office: (626)256-4400 Huntington Park, CA 90255
Attn: Ricardo Reyes, City Manager
Phone: (323) 582-6161
Such notices shall be deemed effective when personally delivered or successfully transmitted oy facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours afte deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONTRACTOR shall not SUB-CONTRACTOR any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. SUB-CONTRACTORS (including without limitation SUB-CONTRACTORS with Sub-CONTRACTOR'S), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
CITY'S RIGHT TO EMPLOY OTHER CONTRACTOR: CITY reserves the right to employ other CONTRACTOR in connection with the various projects worked upon by CONTRACTOR.
6.8 PROHIBITED INTERESTS: CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR 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 CONTRACTOR, any fee, commission, percentage, brokerage fee, 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.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 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, 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.
6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 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.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6.16 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.
6.17 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.
6.18 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.
6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.
6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each f which shall be of equal force and effect. No handwritten or typewritten amendmen nodification or supplement to any one counterparts) shall be valid or binding unless made t all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONTRACTOR and the remaining two original counterparts shall be retained by CITY.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF HUNTINGTON PARK: JAM Corporation
By: Ricardo Reyes By: John Mongillo
City Manager President
Date:
Date:
APPROVED AS TO FORM:
By: City Attorney
Date:
ATTACHMENT B
EXHIBIT "A"
SCOPE OF WORK
JAM Corporation
FIRE PROTECTION ALARM SYSTEM PROJECT FOR
CITY HALL AND OTHER CITY BUILDINGS
IN THE CITY OF HUNTINGTON PARK
BID PROPOSAL
BID PROPOSAL INSTRUCTIONS
FOR
FIRE PROTECTION ALARM SYSTEM PROJECT FOR
CITY HALL AND OTHER CITY BUILDINGS
IN THE CITY OF HUNTINGTON PARK
TO THE CITY OF HUNTINGTON PARK, as CITY
In accordance with AGENCY's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this proposal. This bid may not be withdrawn within a period of sixty (60) days after the date of its proper opening by the City.
BIDDER understands that a bid is required for the entire work and that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE
AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within ten (10) working days after the date of the AGENCY's notice of award of contract to the BIDDER. the proceeds of the sourity accomparying this bid shall become the property or the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void
BID PROPOSAL
FOR
FIRE PROTECTION ALARM SYSTEM PROJECT FOR
CITY HALL AND OTHER CITY BUILDINGS
IN THE CITY OF HUNTINGTON PARK
The undersigned declares that he/she has carefully examined the location of the proposed work, that hedhe has oxam ind the ipe citations and aned th acid pacifications for the amounts sei Construct improvements as reiterated above, located in the City of HUNTINGTON PARK, California, in accordance with the specifications for the unit price set forth in the following items:
BASE BID SCHEDULE
Item Description Qty Unit Unit
Price Total Price
General Bid Items
Mobilization/Demobilization.
Not to Exceed 3% of Total Bid 1 LS
28,000
Installation, programming, testing, inspection
2 and completion recordation of a new sprinkler 1
LS 189,000
monitor system At - CITY HALL Building
Installation, programming, testing, inspection
3 and completion recordation of a new sprinkler
1 LS 155,750
monitor system At - RECREATION Building
Installation, programming, testing, inspection
4 and completion recordation of a new sprinkler
monitor system At - POLICE DEPARTMENT 1 LS 177,250
Building
Installation, programming, testing, inspection
5 and completion recordation of a new sprinkler 1
monitor system At - STREET DIVISION LS 42,700
PARKING Building
Installation, programming, resung, inspection
6 and completion recordation of a new sprinkler 37,250
monitor system At - PARKS DIVISION SHED LS
Building
Installation, programming, testing, inspection
7 and completion recordation of a new sprinkler
1 LS 38,750
monitor system At - PARKS DIVISION
Building
P-2
BASE BID SCHEDULE
Item Unit
Description Qty Unit Total Price
Price
Installation, programming, testing, inspection
8 and completion recordation of a new sprinkler
1 : LS
monitor system At - MUNICIPAL Building 41,500
Installation, programming, testing, inspection
9 and completion recordation of a new sprinkler
LS 78,650
monitor system At - FLEET DIVISION Building
Installation, programming, testing, inspection
10 and completion recordation of a new sprinkler
monitor system At- EVIDENCE GARAGES 1 LS
30,000
Building
Installation, programming, testing, inspection
11 and completion recordation of a new sprinkler
monitor system At - ELECTRICAL AND 1 LS
74,250
WATER DIVISION Building 1
Installation, programming, testing, inspection
12 and completion recordation of a new sprinkler
monitor system At - ELECTRICA AND 1 LS 39,400
WATER DIVISION Building 2
Installation, programming, testing, inspection
13 and completion recordation of a new sprinkler
1 LS 51,400
monitor system At - ADMIN Building
Total 983,900
TOTAL BID AMOUNT IN WORDS:
Nine Hundred and Eighty Three Thousand Nine Hundred
Dollars
VP of Sales
Bidder's Signature
Title
•JAM Corporation
Company Name
P-3
BID PROPOSAL (CONT.)
FOR
FIRE PROTECTION ALARM SYSTEM PROJECT FOR
CITY HALL AND OTHER CITY BUILDINGS
IN THE CITY OF HUNTINGTON PARK
ACKNOWLEDGEMENT
BIDDER HAS VISITED
PROJECT SITE
JAM Corporation
we visited the project site and that we are familiar with the project scope and field conditions. (Contractor's name) hereby certify that By: Contractor Represomperive Signature Date: 1-30-2024 Dean Pryor / VP Of Sales
Print Name / Title
This form must be signed and attached to the bid.
P-4
BID PROPOSAL (CONT.)
FOR
FIRE PROTECTION ALARM SYSTEM PROJECT FOR
CITY HALL AND OTHER CITY BUILDINGS
IN THE CITY OF HUNTINGTON PARK
REQUEST FOR INFORMATION FORM
FOR ALTERNATIVE BID ITEMS OR PRODUCT SUBSTITUTIONS
JAM Corporation
any RFIs related to alternative work or substitution of products are to be requested in writing by the RFI deadline. We also acknowledge that requests for alternative work or substitution of products may not be granted by the City, or if granted, may not result in an extension of the Bid Date. Finally, we acknowledge that the City may reject the low-bid if the low-bidder issues a request for alternative work or substitution of products after the RFI deadline, or after the Bid Date.
By: Date: 1-30-2024
Contractor Representative Signature
Dean Pryor / VP of Sales
Print Name / Title
This form must be signed and attached to the bid.
P-5
*
DESIGNATION OF SUBCONTRACTORS AND FABRICATORS
BIDDER proposes to subcontract certain portions of the work, which are in excess of one-half of one percent of the bid, and to procure materials and equipment from suppliers and vendors as NAME, ADDRESS, LICENSE NO.,
AND PHONE NUMBER OF
SUBCONTRACTORS, SUPPLIERS, PORTION OF WORK,
AND VENDORS MATERIALS, OR EQUIPMENT
N/A
Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the City Engineer.
NOTE: If Contractor is submitting an alternative supplier to P-6
REFERENCES
BIDDER has performed similar work within the past two (2) vears: The following are the names, addresses, and telephone numbers for three public agencies for which
1. William S. Hart HS District Valencia HS 21380 Centre Pointe Parkway, Santa Clarita, CA 91350 Phone: (661) 259-0033
Name and Address of Agency
Jack Kapp 661-259-0033 ext 264
Name and telephone number of person familiar with project 2,010,512 Fire Alarm Replacement
9-13-2023
Contract amount Type of work
Date completed
Metro State Hospital CTE 11401. Bloomfield Ave, Norwalk, CA 90650 Phone: (562) 863-7011
Name and Address of Agency
Debbie Wohlford 916-801-9025
Name and telephone number of person familiar with projec 1,577,000 Fire Alarm Replacemeni 11-22-2023
Contract amount Type of work
Date completed
ni Wildomar ES LAKE ELSINORE UNIFIED SCHOOL DISTRICT 545 Chaney Street, Lake Elsinore, CA 92530P: 951.253.7000 Name and Address of Agency
James Corns JCA Engineering 909-864-0223
Name and telephone number of person familiar with project 597,000 Fire Alarm Replacement 1-04-2024
Contract amount Type of work
Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
Commercial Surety Bond Agency 1411 N. Batavia St. ste 201 Mike Stong 714-516-1232 Orange CA 92867
Travelers 21688 Gateway Center Dr. Diamond Bar, CA 91765 Celso Aguilar 909-612-3653
Patriot Risk Insurance Services Annete Romero 949-466-7984 18952 MacArthur Blvd. ste 300 Irvine, CA 92612
P-7
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontractors, all reports which may have been due under the requirements of any AGENCY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded thereunder.
Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
NON-COLLUSION AFFIDAVIT
named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly BIDDER declares that the only persons or parties interested in this proposal as principals are those Drin, orely, in thin making that or the sal i wad and hoat this projost as in therespecis tal, P-8
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name JAM Corporation
Business Address: 1930 S. Myrtle Ave.
Monrovia, CA 91016
Telephone 626-256-4400
State Contractor's License No. and Class: 791060 B, C-10, C-16, C-7 Original Date Issued 2-7-2001 2-28-2025
Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
John Mongillo President 626-256-4400
Mike Mongillo CFO Secretary, VP of Operations 626-256-4400 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows:
N/A
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
JAM Fire Protection Inc, dba JAM Corp.
P-9
....
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all forenamed principals this January , 20.24.
BIDDER JAM Corporation
The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.
Signature of Contractor's Representative
Dean Pryor
Printed Name
VP of Sales
Title
Subscribed and sworn to this 30th day of January ,20_24 NOTARY PUBLe Jazil SURE ASSACAO
LARRY ERBE
COMM. #2420780
Nolay Pit Cantonia e
Los Angeles County
My Comm. Expires Oct. 12, 2026₽
P-10
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
8191883818:8888:38888:898088188808898888808: 88183818130808: 838881888893843893882081838058838338348335833808882808:84813083833:848888188830888888818381 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfuliess, accuracy, or validity of that document.
State of California
County of. Los AngEs
On 1/31/24 before me, LARR-I ERBE
Here Insert Name and Title of the Officer
personally appeared DEAN PRIOR
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
LARRY ERBE paragraph is true and correct.
COMM. #2420780
Notary Public - California WITNESS my hand and official seal.
Los Angeles County
My Comm. Expires Oct. 12, 2026
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - D Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: _ Signer is Representing:
8:8:30800308:318:80888NE380838000050302829080828583883 80808:8088508088308288808:8184E13:8180848:80888NE08883819#88938281818888889838888084808088383888481888:
©2019 National Notary Association
Bond No. CSBA-25991
PROPOSAL GUARANTEE
BID BOND
FOR
FIRE PROTECTION ALARM SYSTEM PROJECT FOR
CITY HALL AND OTHER CITY BUILDINGS
IN THE CITY OF HUNTINGTON PARK
KNOW ALL MEN BY THESE PRESENTS that Jam Fire Protection, Inc. dba Jam Corp , as BIDDER, and
Travelers Casualty and Surety Company of America , as SURETY, are held and firmly bound unto the City of Huntington Park, as AGENCY, in the penal sum of Ten Percent of the Amount of the Bid
dollars ($ _, which is ten percent of the
total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly be these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals, this 24th day of January , 2024*
BIDDER* Jam Fire Protection, Inc. dba Jam Corp
SURETY* Treyelers Casualty and Surety Company of America Nattorney-in-Fact
R. Nappi
Subscribed and sworn to this _ day of ,20
NOTARY PUBLIC
*Provide honess of a rid repress and telephone number and the name, til, adress P-11
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of Riverside
January 24, 2024 before me, Michael D. Stong, "Notary Public" (insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
MICHAEL D. STONG
WITNESS my hand and official seal. Notary Public - California Riverside County
Commission # 2318440
My Comm, Expires Feb 6, 2024
Signature muluess
(Seal)
Bond No. CSBA-25991
Travelers Casualty and Surety Company of America
TRAVELERSJ Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
priormance of ory trace ature ering or gerate ing bonds anes intertaking res orgar pereing the dead of or proceen alined by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April. 2021.
A NO BURST COM BUILTY ANAT
HARTFORD, HARTFORD,
CONN.
State of Connecticut
By:_
City of Hartford ss. Robert Raney, Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Anna P. Nail
My Commission expires the 30th day of June, 2026 NOTARY PUBLIC Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any 1, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 24th day of January 2024
HARTFORS
ANYANOO Lan E Husha
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
FOR
FIRE PROTECTION ALARM SYSTEM PROJECT FOR
CITY HALL AND OTHER CITY BUILDINGS
IN THE CITY OF HUNTINGTON PARK
In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.
QUESTIONNAIRE
Yes No X
If the answer is yes, explain the circumstances in the space provided.
P-12
APPENDIX "B»
DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) FORM
Department of Industrial Relations (DIR)
Contractor Registration Number
Beginning July 1, 2014, contractors must regisier with the Department of Industrial Relations (DIR) before bidding on public works contracts in California. For more information, please refer to this section of the Department of Industrial Relations Website:
http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Per this requirement, provide the following information:
JAM Corporation
Contractor Name
1000005174
Contractor Department of Industrial Relations Registration Number:
6-30-2024
Expiration Date of Registration Number
*(THIS FORM MUST BE SUBMITTED WITH THE SEALED BID)*
Attachment B: Fire System Project Bid Results
Item Description Engineers Estimate JAM Corporation
General Bid Qty Unit Unit Price Total Price Unit Price Total Price Mobilization/Demobilization. Not
1 1 LS $ 347,965.04 $ 347,965.04 $ 28,000.00 $ 28,000.00 to Exceed 3% of Total Bid
Installation, programming, testing,
inspection and completion recordation
2 1 LS $ 560,809.35 | $ 560,809.35 $ 189,000.00 $ 189,000.00 of a new sprinkler monitor system At -
CITY HALL Building
Installation, programming, testing,
inspection and completion recordation
3 of a new sprinkler monitor system At - 1 LS $ 386,064.25 $ 386,064.25 $155,750.00 $ 155,750.00 RECREATION Building
Installation, programming, testing,
4 inspection and completion recordation
of a new sprinkler monitor system At- 1 $ 400,690.30 $ 400,690.30 $177,250.00 $ 177,250.00 POLICE DEPARTMENT Building
Installation, programming, testing,
inspection and completion recordation
1 LS $ 53,088.24 53,088.24 $ 42,700.00 $ 42,700.00
of a new sprinkler monitor system At -
STREET DIVISION PARKING Building
Installation, programming, testing,
6 inspection and completion recordation
1 LS $ 47,028.38 $ 47,028.38 $ 37,250.00 $ 37,250.00
of a new sprinkler monitor system At -
PARKS DIVISION SHED Building
Installation, programming, testing,
inspection and completion recordation
1 LS $ 42,380.12 $ 42,380.12 $ 38,750.00 $ 38,750.00
of a new sprinkler monitor system At -
PARKS DIVISION Building
Installation, programming, testing,
8 inspection and completion recordation
1 LS $ 46,956.02 $ 46,956.02 $ 41,500.00 $ 41,500.00
of a new sprinkler monitor system At-
MUNICIPAL Building
Installation, programming, testing,
9 inspection and completion recordation
1 LS $ 86,111.82 $ 86,111.82 $ 78,650.00 $ 78,650.00
of a new sprinkler monitor system At -
FLEET DIVISION Building
10 1 LS $ 39,526.62 $ 39,526.62 $ 30,000.00 $ 30,000.00 EVIDENCE GARAGES Building
Installation, programming, testing,
inspection and completion recordation
11 of a new sprinkler monitor system At - 1 LS $ 42,264.88 $ 42,264.88 $ 74,250.00 $ 74,250.00
ELECTRICAL AND WATER DIVISION
Building 1
Installation, programming, testing,
inspection and completion recordation
of a new sprinkler monitor system At - 1 LS $ 95,425.12 $ 95,425.12 $ 39,400.00 $ 39,400.00 ELECTRICA AND WATER DIVISION Building
2 Installation, programming, testing,
13 inspection and completion recordation 51,689.86 51,689.86 1 LS $ 51,400.00 $ 51,400.00
of a new sprinkler monitor system At -
ADMIN Building
Total $ 2,200,000.00 $ 983,900.00
ITEM 9
CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report
February 20, 2024
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Honorable Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT FOR CIP 2021-04 WELL NO. 16 AND PUMP STATION IMPROVEMENTS PROJECT IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Award the contract to R2BUILD dba R2B Engineering for the construction of CIP 2021-04 Well No. 16 and Pump Station Improvements Project as the lowest responsive and responsible bidder for a not-to-exceed amount of $1,199,379 payable from Account No. 681-8030-461.73-10 ($1,199,379.00); and
2. Approve a fifteen percent (15%) construction contingency in the amount of $179,906.85 payable from Account No. 681-8030-461.73-10 ($179,906.85); and
3. Authorize the City Manager to execute the construction contract agreement and all applicable change orders in good faith.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On December 19, 2023, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for CIP 2021-04 Well No. 16 and Pump Station Improvements Project (Project).
The project design includes upgrades to the boosters, pump station electrical components and addition of a sand separator. A variable-frequency drive (VFD) will be added onsite, and this is an AC motor drive that controls speed and torque by varying the frequency of the input electricity. Construction documents are completed in accordance with applicable engineering standard specifications and are consistent with the City's procurement and purchasing policies.
CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT FOR CIP 2021-04 WELL NO. 16 AND PUMP STATION IMPROVEMENTS PROJECT February 20, 2024
The NIB was published on December 22, 2023, in a newspaper of general circulation.
The contract specifications were posted in the City's website and redistributed by several electronic media outlets that post the bid package on e-bid boards. A bid opening was held on February 7, 2024, where the City Clerk opened and read two (2) bids. The following is the ranking of bids commencing from the lowest responsive, responsible bid:
Bidder (lowest bid first) Bid
R2BUILD dba R2B Engineering $1,199,379.00
Metro Builders & Engineers Group, Ltd. $1,229, 156.00
R2BUILD dba R2B Engineering is the apparent low bidder. The bid analysis was conducted to ensure that the lowest responsive, responsible bid met all federal, state and local requirements. Based on the investigation, staff's recommendation is to award R2BUILD dba RB Engineering the contract agreement (Attachment 1). The remaining bid proposals are available in the City Clerk's Office for review and the itemized bid results for comparative analysis are included as Attachment 2.
LEGAL REQUIREMENT
The City adhered to Public Contract Code sections 20161 and 20162, which mandates California public works projects to be competitively bid. The public works competitive bidding laws are intended to eliminate favoritism, fraud, and corruption in the awarding of public contracts. The construction contract agreement conforms with all applicable Federal, State, local and public contracting codes and consents to the proper execution by the City Manager. The City Clerk's Office will release the bid bonds for all construction firms that were not selected after approval from the City Council.
ENVIRONMENTAL IMPACT
Approve Environmental Assessment as follows: The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project results in minor alterations to existing public facilities involving no significant expansion of the existing use. The project is not anticipated to have any significant impacts with regards to traffic, noise, air quality, or water quality.
There are adequate utilities and public services to serve the project.
FISCAL IMPACT/FINANCING
Staff recommends awarding the contract to R2BUILD dba R2B Engineering for the construction of the Project as the lowest responsive, responsible bidder for a not-to-
CONSIDERATION AND APPROVAL TO AWARD A CONSTRUCTION CONTRACT FOR CIP 2021-04 WELL NO. 16 AND PUMP STATION IMPROVEMENTS PROJECT February 20, 2024
exceed amount of $1,199,379.00. Additionally, staff recommends the approval of the fifteen percent (15%) construction contingency in the amount of $179,906.85 payable from Account No. 681-8030-461.73-10.
The City Manager is granted the authority to execute the construction contract and approve any and all negotiated construction change orders in good faith.
CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.
Respectfully submitted,
RICARDO REYES
City Manager
STEVE FORSTER
Acting Director of Public Works
ATTACHMENTS)
1. R2BUILD dba R2B Engineering Construction Contract
2. Bid Analysis
Attachment No. 1
MALINTIN
CALIFORNE
CONTRACTOR SERVICES AGREEMENT
R2BUILD dba R2B Engineering for the
WELL NO. 16 AND PUMP STATION IMPROVEMENTS PROJECT
FY 2023/2024
CIP PROJECT NO.: 2021-04
THIS CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into this 20th day of February 2024 (hereinafter, the "Effective Date"), by and between the CITY OF HUNTINGTON PARK, a municipal corporation ("CITY") and R2BUILD dba R2B Engineering (hereinafter, "CONTRACTOR"). For the purposes of this Agreement CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
I. 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, CONTRACTOR agrees to perform the services and tasks set forth in Exhibit "A" (hereinafter referred to as the "Scope of Services"). CONTRACTOR further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term "Work."
1.2 TERM: This Agreement is approved as of February 20, 2024. The contract period for this project is two hundred and forty (240) working days from the effective date of the Notice-to-Proceed to be issued by the City. It is the CONTRACTOR'S responsibility to request an extension at least (2) days in advance of the expiration of term of the Agreement. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY' 13 COMPENSATION:
A. CONTRACTOR shall perform the various services and tasks set forth in the Scope of Services Exhibit "A", in accordance with the compensation schedule which is exhibit B (hereafter, the "approval rate schedule").
B. Section 1.3(A) notwithstanding, CONTRACTOR'S total compensation during the Term of this Agreement or any extension term shall not exceed the D-1
budgeted aggregate sum of $1,199,379.00 (hereinafter, the "Not-to- Exceed Sum"), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and the Director of Finance. In the event CONTRACTOR'S charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONTRACTOR'S performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY-approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed. If the amount of CONTRACTOR'S monthly compensation is a function of hours worked by CONTRACTOR'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 notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within Sixty (60) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
1.5 ACCOUNTING RECORDS: CONTRACTOR shall maintain complete and accurate records with respect to all matters covered under this Agreement during and for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. The City shall own all accounting records maintained by the CONTRACTOR.
1.6 ABANDONMENT BY CONTRACTOR: In the event CONTRACTOR 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, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR 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 CONTRACTOR'S cessation or abandonment.
II. PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVES: The CITY hereby designates the City Manager and Director of Public Works (hereinafter, the "CITY Representatives") to act as its representatives for the performance of this Agreement. The City Manager shall be the D-2
chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONTRACTOR shall not accept directions or orders from any person other than the CITY Representatives or their designee.
2.2 CONTRACTOR REPRESENTATIVE AND CONTACT INFORMATION:
CONTRACTOR hereby designates or designee to act as its representative for the performance of this Agreement (hereinafter, "CONTRACTOR Representative").
CONTRACTOR Representative shall have full authority to represent and act on behalf of the CONTRACTOR for all purposes under this Agreement. CONTRACTOR Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONTRACTOR Representative shall constitute notice to CONTRACTOR.
2.3 COORDINATION OF SERVICE: CONFORMANCE WITH REQUIREMENTS:
CONTRACTOR 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 CONTRACTOR shall be subject to inspection and approval by CITY Representatives or their designees.
2.4 STANDARD OF CARE: PERFORMANCE OF EMPLOYEES: CONTRACTOR represents, acknowledges and agrees to the following:
A. CONTRACTOR shall perform all Work skillfully, competently and to the highest standards of CONTRACTOR'S profession;
B. CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITY;
C. CONTRACTOR 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. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
E. All of CONTRACTOR'S employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; and
F. All of CONTRACTOR'S employees and agents including but not limited SUB- CONTRACTOR) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the D-3
term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR'S own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR'S failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR'S employees, agents, and SUB-CONTRACTOR. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY'S acceptance of any work performed by CONTRACTOR or on CONTRACTOR'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 CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONTRACTOR'S profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONTRACTOR 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 services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR 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 CONTRACTOR'S duties or obligations under this Agreement without the prior written consent of CITY.
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.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work shall be performed by CONTRACTOR or under CONTRACTOR'S strict supervision. CONTRACTOR will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONTRACTOR on an independent CONTRACTOR basis and not as an employee.
CONTRACTOR 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 CONTRACTOR'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 CONTRACTOR are not employees of CITY and shall at all times be under CONTRACTOR'S exclusive direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare D-4
payments and the like. CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like. 27 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR'S officers, employees, agents, or SUB-CONTRACTOR is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR'S officers, employees, agents, or SUBCONTRACTOR fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, or SUB-CONTRACTOR shall be promptly removed by CONTRACTOR and shall not be reassigned to perform any of the Work.
2.8 COMPLIANCE WITH LAWS: CONTRACTOR 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. CONTRACTOR'S compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.
2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, CONTRACTOR, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
2.10. INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONTRACTOR and all persons retained or employed by CONTRACTOR are, and shall at all times remain, wholly independent CONTRACTOR and are not officials, officers, employees, departments or subdivisions of CITY. CONTRACTOR shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONTRACTOR and SUB-CONTRACTOR. CONTRACTOR and all persons retained or employed by CONTRACTOR shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by CONTRACTOR or otherwise, unless such authority is expressly conferred to CONTRACTOR under this Agreement or is otherwise expressly conferred by CITY in writing.
III. INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article.
CONTRACTOR shall procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONTRACTOR shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad D-5
as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) or its equivalent. Such CG Coverage shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and CONTRACTOR dual liability.
B. Automobile Liability Insurance: CONTRACTOR 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 Two Million Dollars ($2,000,000.00) 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 and which shall indemnify, insure and provide legal defense for both CONTRACTOR and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONTRACTOR in the course of carrying out the Work contemplated in this Agreement.
Pollution Liability Insurance: CONTRACTOR shall procure pollution liability insurance with a limit of Three Million Dollars ($3,000,000.00) per claim and aggregate.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL 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. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and 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.
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3.4 PRIMACY OF CONTRACTOR'S INSURANCE: All policies of insurance provided by CONTRACTOR 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 CONTRACTOR'S insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR officers, employees, agents, CONTRACTOR or SUB-CONTRACTOR from waiving the right of subrogation priorto a loss. CONTRACTOR hereby waives all rights of subrogation against CITY.
3.6 VERIFICATION OF COVERAGE: CONTRACTOR acknowledges, understands and agrees, that CITY'S ability to verify the procurement and maintenance of the 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, CONTRACTOR warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. 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, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONTRACTOR'S commencement of any work or any of the Work. Upon CITY'S written request, CONTRACTOR shall also provide CITY with certified copies of all required insurance policies and endorsements.
IV. INDEMNIFICATION
4.1 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 the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR'S commitment to indemnify, defend and protect CITY as set forth herein.
4.2 To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature 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 this Agreement.
4.3 CITY shall have the right to offset against the amount of any compensation due D-7
CONTRACTOR under this Agreement any amount due CITY from CONTRACTOR as a result of CONTRACTOR'S failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR'S failure to either (i) pay taxes on amounts received pursuant to this Agreement or (i) comply with applicable workers' compensation laws.
4.4 The obligations of CONTRACTOR under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONTRACTOR 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.
4.5 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR 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 omissions of CONTRACTOR'S, SUB-CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY'S choice.
4.6 CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR 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, liability, loss, cost or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V. TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONTRACTOR a minimum of five (5) calendar day's prior written notice of CITY'S intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination. CONTRACTOR may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated D-8
as provided herein, CITY may require CONTRACTOR to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work. CONTRACTOR 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
5.2, below, shall operate to prohibit or otherwise restrict CITY'S ability to terminate this Agreement for convenience as provided under this Section.
5.2 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 Notice") which shall specify: (i) the nature of the Event of Default; (i) the action required to cure the Event of Default; (iii) 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 5.2.B and 5.2C 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 of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONTRACTOR 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 CONTRACTOR to timely provide CITY or CITY'S employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR 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, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR 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
ii. Within fourteen (14) 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 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default D-9
cannot be reasonably cured within the 14-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 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONTRACTOR 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 CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR'S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR'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; (iii) CONTRACTOR'S and/or its employees' disregard or violation of 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 CONTRACTOR, whether voluntary of involuntary; (v) CONTRACTOR'S refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY'S discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect.
C. Clly shall cure any Event of Detault asserted by CONTRACIOR within forty-tive (45) calendar days of CONTRACTOR'S issuance of a Detault Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior 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 CONTRACTOR as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR'S Default Notice to CITY.
D. Cly, in its sole and absolute discretion, may also immediately suspend CONTRACTOR'S performance under this Agreement pending CONTRACTOR'S cure of any Event of Default by giving CONTRACTOR written notice of CITY'S intent to suspend CONTRACTOR'S performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only forthose services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY 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, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
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F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any 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:
i. Upon written notice to CONTRACTOR, CITY may immediately terminate this Agreement in whole or in part;
il. Upon written notice to CONTRACTOR, CITY may extend the time of performance;
ili. CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR'S breach of the Agreement or to terminate the Agreement; or
iv. CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY'S exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONTRACTOR'S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provisior contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI. MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All 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 reports, analyses, D-11
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 CONTRACTOR 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. CONTRACTOR shall require all SUB-CONTRACTORS working on behalf of CONTRACTOR 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 CONTRACTOR as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR 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 similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or 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.
6.4 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:
CONTRACTOR: CITY:
R2Build City of Huntington Park
23441 S. Pointe Dr. Suite 280 Public Works Department
Laguna Hills, CA 92653 6550 Miles Avenue
Attn: Massoud Jami Huntington Park, CA 90255
Phone: (949) 299-6426 Attn: Ricardo Reyes
Phone: (323) 581-6161
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty- eight (48) hours after deposit with the United States Postal Service, first class postage D-12
prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION: FURTHER ACTS: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONTRACTOR shall not SUB-CONTRACTOR any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. SUB-CONTRACTORS (including without limitation SUB-CONTRACTORS with Sub-CONTRACTOR'S), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONTRACTOR: CITY reserves the right to employ other CONTRACTOR in connection with the various projects worked upon by CONTRACTOR.
6.8 PROHIBITED INTERESTS: CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement.
Further, CONTRACTOR 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 CONTRACTOR, any fee, commission, percentage, brokerage fee, 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.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 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, 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.
6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have andrecover from the losing Party reasonable attorneys' fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
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6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 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.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6.16 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.
6.17 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.
6.18 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.
6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.
6.20 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 CONTRACTOR and the remaining two original counterparts shall be retained by CITY.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF HUNTINGTON PARK: R2Build:
By: Ricardo Reyes
City Manager By: Khalil Ahmad Sarwari
Secretary
Date: Date:
ATTEST:
By: Eduardo Sarmiento
City Clerk
Date:_
APPROVED AS TO FORM:
By: City Attorney
Date:
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PROPOSAL
FOR
WELL NO. 16 AND PUMP STATION IMPROVEMENTS PROJECT
FY 2023/2024
CIP PROJECT NO.: 2021-04
IN THE CITY OF HUNTINGTON PARK
TO THE CITY OF HUNTINGTON PARK, as AGENCY
In accordance with AGENCY's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this proposal. This bid may not be withdrawn within a period of sixty (60) days after the date of its proper opening by the City.
BIDDER understands that a bid is required for the entire work and that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE
AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this hid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
C-1
ATTACHMENT B
BID PROPOSAL
FOR
WELL NO. 16 AND PUMP STATION IMPROVEMENTS PROJECT
FY 2023/2024
CIP PROJECT NO.: 2021-04
IN THE CITY OF HUNTINGTON PARK
The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:
Construct improvements as reiterated above, located in the City of HUNTINGTON PARK, California, in accordance with the specifications for the unit price set forth in the following items:
ITEM EST. UNIT EXTENDED
NO. DESCRIPTION UNIT QTY. PRICE AMOUNT
1 Mobilization/Demobilization (Not to exceed 3% of tota of all other prime contract Bid Items LS 35,000 35,000
2 Demolition LS 1 33,000 33,000
3 Booster Station Pumps EA 94,000 188,000
2 4 Well Discharge Piping 1 210,000 210,000
Sand Separator LS 60,000 60,000
Drain Piping LS 12,000 12,000
7 Electrical and Controls IS 590,000 590,000
1 8 Concrete Foundations SF 91 169 15,379
9 Ventilation LS 1 20,000
20,000
10 Install Public Improvement Project Signs EA 1 6,000 6,000 Southern California Edison Portion IS 1 30,000 30,000
TOTAL AMOUNT BID IN FIGURES $ 1.199.379
TOTAL AMOUNT BID IN WORDS:
One Million One Hundred Ninety Nine Thousand Three Seventy Nine _Dollars Bidder's Signature i Secretary
R2BUILD
Company Name
C-2
The ta contact peti force price be isued by tend Forty (240) working daysfrom
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work, which are in excess of one-half of one percent of the bid, and to procure materials and equipment from suppliers and vendors as NAME, ADDRESS, LICENSE NO.,
AND PHONE NUMBER OF
SUBCONTRACTORS, SUPPLIERS, PORTION OF WORK,
AND VENDORS MATERIALS. OR EQUIPMENT
Consult Construction Corp. Electrical
Lic#1021010
4623 Maytime Lane, Culver City, CA 90230
310-404-3065
Chesnut Construction Inc
Mechanical
Lic#1011296
28 Bienvenu Dr., Foothill Ranch, CA 92610
949-422-6952
Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the City Engineer.
C-3
* :
REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years:
1. Moron Metroin or an as A 00 Not lamed Stret.
Name and Address of Agency
David Schmutzer, [email protected] (442) 262-2540 - ofice Name and telephone number of person familiar with project 2,250,000.00 CRA Mile 12 Improvements
June 21 till July 23
Contract amount Type of work
Date completed
City of Laguna Beach, CA 505 Forest Ave, Laguna Beach, CA 92651 Name and Address of Agency
Tom Perez [email protected] (949) 464-6688
Name and telephone number of person familiar with project 680,000.00 Sep 22 till Mar 23
Irvine Cove Lift Station - Emergency Generator
Contract amount Type of work Date completed
3. Southern California Regional Rail Authority, 900 Wishire Boulevard, Suite 1500, Los Angeles, CA 80017 Name and Address of Agency
Gorgyous, Arsany 9094512866
Name and telephone number of person familiar with project Moorpark Safety
1,092,000.00 Enhancements July 2023 till Oct 2023
Contract amount Type of work Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
Philadelphia Indemnity Insurance Company
2398 E. Camelback Rd. Suite 780, Phoenix, AZ 85018
Christian Raaz 480-750-6807
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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontractors, all reports which may have been due under the requirements of any AGENCY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded thereunder. furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
NON-COLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as principals are those and without collusion or fraud.
C-5
-
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name R2Build
Business Address: 23441 S. Pointe Dr. Suite 280,
Laguna Hills, CA 92653
Telephone 949-299-6426
State Contractor's License No. and Class: 1031564 A&B
Original Date Issued 10/02/2017 Expiration Date 10/31/2025 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this Massoud Jami Ahmad Sayed Jami Khalil Ahmad Sarwari
Ahmad Waheed Ebrahimi
The det of any volusary as involuntary bankrupy judements against any principal having an None
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
R2B Engineering
C-6
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all forenamed principals this. day of BIDDER RZ Build
The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.
Signature of Contractor's Representative
Khalil Ahmad Sarwar;
Printed Name
• Secretany
Title
Subscribed and sworn to this day of _,20
NOTARY PUBLIC LISA DETRICK. Notary Public
See Attached
Certificate
FEB 07 2024
Acknowledgmer
Copy Carik...
C-7
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
Subscribed and sworn to (or affirmed) before me on this 7 day of Feburary: 2024, by
Khalil Ahmad Sarwari
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
LISA DETRICK
Commission# 2428742
Notary Public - Caldornia
ORANGE County
My Corm. Expies DEC 2, 2026 2
sonara ca
(Seal)
PROPOSAL GUARANTEE
BID BOND
FOR
WELL NO. 16 AND PUMP STATION IMPROVEMENTS PROJECT
FY 2023/2024
CIP PROJECT NO.: 2021-04
IN THE CITY OF HUNTINGTON PARK
KNOW ALL MEN BY THESE PRESENTS that _R2BUILD dba R2B Engineering _ as BIDDER, and
Employers Mutual Casualty Company , as SURETY, are held and firmly bound unto the City of Huntington Park, as AGENCY, in the penal sum of ten percent of amount bid
dollars ($_10% ), which is ten percent of the
total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly be these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, • then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals. this 18th day of January _ 2024.
BIDDER* R2BUILD dba R2B Engineering 23441 S. Pointe Dr. Ste 280, Laguna Hills, CA 92653 Phone: 949-466-5543
Khall Ahmad Strwari/Secetary / 23441> Pointe Di. Ste C80, Legina HilL, 944-247-6426 Ty employers Mutua: Casualty Company 15150 N. Arowhead Fountains Or. Ste 350 Peare, kz 85382 Phone: 623-760-1563 Subscribed and swer to this
NOTARY PUBLIC LISA DETRICK. Notary Public*
*Provide BIDDER/SURETY name, address and telephone number and the name, title, address and telephone nümber of authorized representatives.
See Attached
Certificate
C-8 FEB 07 2024
1 Copy Certificate
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
Subscribed and sworn to (or affirmed) before me on this 7* day of tourary, 2024
Khalil Ahmad Sarwari
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
LISA DETRICK
Commission # 2428742
Notăry Public - Califomia
ORANGE County
My Comm. Expires DEC 2, 2026
Stature Kee
(Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
State of California
I ss
County of San Bernardino )
JAN 1 8 2024
On
before me, C. L. Hernandez, Notary Public, personally
appeared Cynthia J. Young, who proved to me on the basis of satisfactory evidence to be the person(s) whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfies), and that by his/her/their signaturefs) on the instrument the person(s), or the entity upon behalf of which the personfs) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
C. L. HERNANDEZ
Notary Public - Californía
Los Angeles County
Commission # 2414374
My Comm, Expires Sep 27, 2026 senature. I Kermander
(Seal)
C. L. Hernandez, Notary Public
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE Nº G7630
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Employers Mutual Casualty Company
of Des Moines, Iowa
, organized under the
laws of Towa
, subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, :Common Carrier Liability, Boiler and Machinery, Burglary, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the 4th
day of March 2003
-, I have herernto
set my hand and caused my official seal to be affixed this 4th
. day of March 2003
Lora Commendi
emissio
By
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Coxporations Code promply grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be conditions contained herein.
FORN-CB-3
ST OSP OO 39391
EMC
P.O. Box 712 • Des Molnes, Iowa 50306-0712
INSURANCE
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an lowa Corporation
2. EMCASCO Insurance Company, an lowa Corporation 4. Illinois EMCASCO Insurance Company, an lowa Corporatior
3. Union Insurance Company of Providence, an lowa Corporation . Dakota Fire Insurance Company, a North Dakota Corporatiol
6. EMC Property & Casualty Company, an lowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
Cynthia J. Young
its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute the Bid Bond In an amount not exceeding Twenty Million Dollars ....
-$20,000,000.00
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
AUTHORITY FOR POWER OF ATTORNEY
first regularly scheduled meeting of each company duly called and held in 1999: This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the power and authority to (1) appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-altomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in ail respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of September, 2022
Seals Todd strat
Scott R. Jean. Président & CEO Todd Strother, Executive Vice President of Company 1;Qhairman, President Chief Legal Officer & Secretary of SEAL 1863 & CEO of Compahies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 95 Onthis 22nd davof September
2022 before me a Notary Public in and for the State
of lowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn did say that they are, and are known to me to be the CEO, Chairman, President, Executive SEAL SEAL Vice President, Chief Legal Officer and/or Secretary. respectively, of each of the Companies SEAL above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowiedged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies.
KATHY LOVERIDGE My Commission Expires October 10, 2025. : Commiscion Number 780769
fy Commission Expirm
October 10, 202
Kathy Kaveride.
Notary Public in and for the State ovlowa
CERTIFICATE
this Power of Attorney issued pursuant thereto on 22nd day of : September, I, Ryan J. Springer, Vice President of the Companies, do hèreby certity that the foregoing resolution of the Boards of Directors by each of the Companies, and are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and atixed the facsimile seal of each Company this_ 18th day of January 2024
Vice President
7854(9-22) B022986-NA J0565 911 A 000000
*For veritication of the authenticity of the Power of Attorney you may call (515) 345-7549."
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
FOR
WELL NO. 16 AND PUMP STATION IMPROVEMENTS PROJECT
FY 2023/2024
CIP PROJECT NO.: 2021-04
IN THE CITY OF HUNTINGTON PARK
In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.
QUESTIONNAIRE
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or Has the Bidder, any officer of the bidder or any employee of the Bidder who has a proprietary regulation? completing a Federal, State or local government project because of a violation of law or a safety Yes No X
If the answer is yes, explain the circumstances in the space provided.
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Note: The following is to be used in case cash, a cashier's check or a certified check accompanies the proposal.
PROPOSAL GUARANTEE
CASH, CASHIER'S CHECK, OR CERTIFIED CHECK
FOR
WELL NO. 16 AND PUMP STATION IMPROVEMENTS PROJECT
FY 2023/2024
CIP PROJECT NO.: 2021-04
IN THE CITY OF HUNTINGTON PARK
the order of the City of HUNTINGTON PARK, or cash in Accompanying this proposal is a certified check, a cashier's check, or bidder's bond payable to the amount of
undersigned as set forth in the Instructions to Bidders.
Bidder
C-10
Attachment 2 - Bid Analysis
Item Description Engineers Estimate R2BUILD dba R2B Engineering Metro Builders & Engineers Group, Ltd.
General Bid QTY Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Mobilization/Demobilization and Bond
and Insurance and BMPs and NDPES
Permit Compliance (SWPPP)
1 LS 18,000.00 $ 18,000.00 35,000.00 35,000.00 41,250.00 $ 41,250.00 Demolition 1 LS 40,000.00 $ 40,000.00 33,000.00 33,000.00 26,113.00 26,113.00
m Pump Station Pumps 2 EA 50,000.00 $100,000.00 94,000.00 188,000.00 86,938.00 $ 173,876.00
Well Discharge Piping 1 LS 50,000.00 $ 50,000.00 $ 210,000.00 210,000.00 221,266.00 221,266.00 Sand Separator 1 LS 42,000.00 $ 42,000.00 60,000.00 60,000.00 60,970.00 60,970.00 Drain Piping 1 LS 15,000.00 $ 15,000.00 12,000.00 12,000.00 12,665.00 12,665.00 Electrical and Controls 1/LS 359,000.00 $359,000.00 590,000.00 $ 590,000.00 584,824.00 584,824.00 Concrete Foundations 91 SF 200.00 $ 18,200.00 un. 169.00 15,379.00 94.00 8,554.00 Ventilation 1 LS 30,000.00 $ 30,000.00 20,000.00 $ 20,000.00 29,375.00 29,375.00 10 install Public Improvement Project Signs 1 LS 4,000.00 4,000.00 6,000.00 6,000.00 12,500.00 12,500.00 11 Southern California Edison Portion 1 LS 30,000.00 $ 30,000.00 $ 57,763.00 57,763.00 Total $676,200.00 1,199,379.00 1,229,156.00
15% Contingency $101,430.00
Grand Total with Contingency $777,630.00
ITEM 10
CITY OF HUNTINGTON PARK
Community Development Department
City Council Agenda Report
February 20, 2024
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Honorable Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL TO AWARD PROFESSIONAL SERVICES AMENDMENT No. 1 TO PROVIDE ARCHITECTURAL SERVICES FOR THE
EMERGENCY OPERATIONS CENTER
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Award amendment No. 1 as it relates to Architectural Services for the Emergency Operations Center, to Infrastructure Architects for a not-to-exceed amount of $99,500.
2. Authorize the City Manager to execute the Amendment.
BACKGROUND
The Huntington Park Police Department applied for and has been granted approval for a grant of $1,000,000 for the rehabilitation of the City's Emergency Operations Center (EOC). The current condition of the EOC is not conducive to a modern incident command center that would house the various functions of emergency response in the event of a community or regional disaster. The EOC is currently housed in the building adjacent to the Police Department in what is known as the "Annex Building". To accommodate an EOC, various infrastructures of the facility will need to be modified to bring it into compliance with ADA codes, building codes, health and safety codes, fire codes as well as conforming to a standardized EOC. Improvements would include restructuring the configuration of the downstairs area to include meeting areas, break-out rooms, secured areas to house staff, security upgrades, communications equipment, electrical upgrades, HVAC improvements, emergency generator, furniture, fixtures, and equipment.
On June 20, 2024, at the regularly scheduled City Council meeting, the Council authorized a professional services agreement for the aforementioned items. During the planning and development phase of the project, it was concluded that additional work to the location would be needed to facilitate an independent secured area for the EOC. The additional improvements would include a renovation to the existing restrooms, and relocation of the emergency backup generator. During the evaluation of the site, an issue
CONSIDERATION AND APPROVAL TO AWARD PROFESSIONAL SERVICES
AGREEMENT TO PROVIDE ARCHITECTURAL SERVICES FOR THE EMERGENCY
OPERATIONS CENTER
June 20, 2023