Upon adoption of the resolution, the new classification of Payroll Supervisor will be used for future recruitments.
Respectfully submitted,
RICARDO REYES
City Manager
MARISOL NIETO
Human Resources Risk Manager
ATTACHMENT(S)
A. Resolution Approving New Job Classification Specification for Payroll Supervisor B. New Job Classification Specification: Payroll Supervisor - 1 -
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27 28
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON PARK, CALIFORNIA, APPROVING NEW CLASS SPECIFICATION AND
SALARY RANGE FOR THE POSITION OF
PAYROLL SUPERVISOR
WHEREAS, the City of Huntington Park has established a salary range for a new job classification to meet the needs of the City as detailed in Exhibit A; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Huntington Park hereby adopts and approves the salary range and new class specifications for:
• The position of Payroll Supervisor, a copy of which is attached hereto as Exhibit A, with a salary range of $5,638 to $6,922 per month and Salary Grid Number 164 (Exhibit A).
SECTION 2. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this ninth (9th ) day of December 2025.
Arturo Flores,
Mayor
ATTEST:
______
Eduardo Sarmiento,
City Clerk
ATTACHMENT "A"
1 Civil Service Status: Exempt
Probationary Period: At-Will
Classification Series: Finance
FLSA Status: Exempt
PAYROLL SUPERVISOR
Bargaining Unit: Non-Represented Employees
Approved by City Council: xx/xx/2025
Resolution No.: 2025-
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed with the job.
DEFINITION
Under general direction of a department or division head, this mid-management position directs, supervises, and coordinates payroll functions within the Finance Department including disbursement of funds and payment of salaries and benefits, updating payroll procedures and keeping up to date on Public Employees Retirement System rules, procedures and policies: and provides highly responsible and complex administrative support to the Finance Manager and performs other related work as required.
EXAMPLE OF DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices
• Plans, organizes, supervises, coordinates, and troubleshoots the City’s payroll processing functions. • Supervises the bi-weekly payroll processing in accordance with various Memoranda of Understandings (MOU’s), employment contracts and federal and state rules and regulations. • Oversees the recordkeeping for payroll-related costs, pension benefit costs and deferred compensation and other payroll deductions: including but not limited to bargaining unit dues, garnishments, and insurance-related deductions.
• Oversees the preparation of required state and federal reports, including reports for the Public Employees Retirement System (CalPERS) and other governmental agencies, and confirms they are submitted timely.
• Assists with the formulation of programs, policies and procedures to comply with local, state and federal regulations. Implements procedures to provide adequate guidance and documentation for assigned staff. Performs department outreach and training. • Assists with establishing and forecasting payroll-related costs for budgetary and planning purposes. • Assists in calculating estimates for forecasting labor negotiation packages. Reviews and implements the results of labor contract negotiations to assure all City contractual obligations are fairly applied and executed.
• Participates in the implementation, configuration, maintenance, testing and training of new or modified payroll and timekeeping systems. Performs system testing after upgrades and/or updates are applied.
• Coordinates the annual financial audit and intermittent audits related to salary and benefits. • Selects, trains, motivates, and evaluates assigned personnel. Works with employees to correct deficiencies and implements appropriate discipline procedures. Ensures excellent customer service is provided to city departments.
• Performs other related duties as assigned or as situation requires.
CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
ATTACHMENT B
2 Civil Service Status: Exempt
Probationary Period: At-Will
Classification Series: Finance
FLSA Status: Exempt
PAYROLL SUPERVISOR
Bargaining Unit: Non-Represented Employees
Approved by City Council: xx/xx/2025
Resolution No.: 2025-
MINIMUM QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time to successfully perform the assigned duties.
Knowledge of:
Skills:
• Interpreting and applying City policies, procedures, and federal and state laws governing payroll accounting. • Maintaining and reconciling payroll documentation, information, and reports with accuracy and attention to detail.
• Meeting multiple deadlines and strict timeframes for payroll processing and required reporting. • Entering numerical and related information into a computer system with speed and accuracy. • Following verbal and written instructions and communicating effectively both verbally and in writing. • Establishing and maintaining cooperative working relationships with co-workers.
Ability to:
• Handle confidential information with discretion;
• Supervise, train, evaluate, and motivate subordinate employees; • Maintaining, reviewing and reporting account information • Following and providing oral and written instruction and information; • Recognize and solve problems;
• Ability and willingness to be proactive in improving the performance of Payroll and the Finance Department;
• Prepare accurate, clear, concise, complete and accurate reports and schedules; • Communicate effectively both verbally and in written form; • Establish and maintain effective working relationships with employees, public officials in the course of work;
• Maintain professionalism in attitude, attire, relationships, work product and confidentiality; • Effectively supervise subordinates;
• Effectively manage workplace diversity issues in a diverse organization; • Work necessary hours and times to accomplish goals, objectives, and required tasks; • Plan, organize and prioritize work duties and assignments; • Maintain professionalism in attitude, attire, relationships, work product and confidentiality; • Effectively supervise subordinates;
• Foster a teamwork environment;
CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
3 Civil Service Status: Exempt
Probationary Period: At-Will
Classification Series: Finance
FLSA Status: Exempt
PAYROLL SUPERVISOR
Bargaining Unit: Non-Represented Employees
Approved by City Council: xx/xx/2025
Resolution No.: 2025-
Education and Experience Guidelines – Any combination of equivalent education, training and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education:
• A bachelor’s degree from an accredited college or university with course work in business classes such as payroll, finance, accounting or a closely related field.
Experience:
• Minimum Three (3) years or more payroll experience.
• Managing payroll through ERP system.
License or Certificate:
• A valid California Class C Driver’s License and a satisfactory driving record. • Fundamental Payroll Certification (FPC) is desirable.
Physical Requirements:
• Must meet approved physical and pre-placement medical standards for the position.
CITY OF HUNTINGTON PARK
CLASS SPECIFICATION
ATTACHMENT "B"
ITEM 3
CITY OF HUNTINGTON PARK
Communications and Community Relations Department
City Council Agenda Report
December 9, 2025
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:
CONSIDERATION AND APPROVAL OF A BUDGET APPROPRIATION OF $175,000 FOR THE CITY OF HUNTINGTON PARK’S HOLIDAY PARADE
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Approve additional budget appropriation of $175,000 for Fiscal Year (FY 25/26) to account No.111-0310-466.55-35
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
Each year, the City of Huntington Park staff and residents alike, look forward to the Annual Holiday Parade as it consistently brings together the community and provides enjoyment to all. This year, on October 10, 2025, through PlanetBids, the City posted a Request for Proposals (RFP) inviting organizations to submit a proposal to plan and produce the 2025 Holiday Parade. Two organizations downloaded the files and only vendor, Fuerza Foundation, submitted a proposal. On October 28, 2025, the City Council considered and approved the proposal submitted by Fuerza Foundation, a nonprofit committed to transforming survival into strength and building resilient communities, however, no final cost to plan and organize the parade was included in the agenda and approved at that time. After meeting and negotiating with representatives from Fuerza Foundation, City staff recommend approving and appropriating $175,000 in the Fiscal Year (FY 25/26) Budget to cover the cost to plan and produce the City of Huntington Park’s 2025 Holiday Parade.
FISCAL IMPACT/FINANCING
Funding for the planning and production of the 2025 Holiday Parade will be paid for with a budget appropriation from General Funds in a not-to-exceed amount of $175,000.
CONSIDERATION AND APPROVAL OF A BUDGET APPROPRIATION OF $175,000 FOR THE CITY OF HUNTINGTON PARK’S HOLIDAY PARADE
December 9, 2025
CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.
Respectfully submitted,
RICARDO REYES
City Manager
SERGIO INFANZON
Director of Communications and Community Relations
ATTACHMENT(S)
A. Fuerza Foundation Contract and Scope of Services
PROFESSIONAL SERVICES AGREEMENT
(Engagement: SERVICE BEING PROVIDED)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 28th day of October of 2025 (hereinafter, the “Effective Date”), by and between the CITY OF HUNTINGTON PARK, a municipal corporation (“CITY”) FUERZA FOUNDATION (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.
RECITALS
This AGREEMENT is made and entered into with respect to the following facts:
WHEREAS, on October 28, 2025, the CITY entered into a Professional Services Agreement (the “Master Agreement”) with FUERZA FOUNDATION to provide Parade Production Services; and
WHEREAS, on October 28, 2025, the CITY assigned the Professional Services Agreement to the CONSULTANT. CONSULTANT then commenced providing Parade Production Services under the terms and conditions of said Agreement; and WHEREAS, CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Huntington Park City Council at its Regular Meeting of October 28, 2025.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, Agency and CONSULTANT agree as follows:
Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9 ATTACHMENT "A"
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, CONSULTANT agrees to perform the services and tasks set forth in that certain document entitled “Scope of Services” and attached hereto as Exhibit “A” (hereinafter referred to as the “Scope of Services”). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and work necessary to competently perform and timely complete the services and tasks as 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 be for one term of two months commencing from the Effective Date unless terminated as provided elsewhere in this Agreement (hereinafter, the “Term”). Upon the conclusion of the Term, this Agreement may be renewed upon mutual agreement of the Parties and approval from City Council.
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 as further set out herein.
1.3 COMPENSATION: During the term of this Agreement and any extension term provided herein, CONSULTANT shall perform the Services set forth in Section 1.1 above, at the rates of compensation set forth in the Rate Schedule reflected in Exhibit “A”. CONSULTANT further agrees that the total compensation for the Work shall not exceed the sum total of $ 80,000 DOLLARS (hereinafter, the “Base Fee”). CONSULTANT shall not exceed the Base Fee unless such added expenditure is first approved by the City Council acting in consultation with the City Manager. In the event CONSULTANT’s charges are projected to exceed the Base Fee prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT’s performance of any additional Work outside the Work as defined in Exhibit A, pending CITY approval of any anticipated expenditures in excess of the Base Fee or any other CITY-approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: On the first of each month, CONSULTANT shall submit to CITY an itemized invoice for that month’s Base Fee and indicating the additional services and tasks performed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
days of receipt of each invoice, CITY shall pay any undisputed amounts. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of seven (7) years after the expiration or termination of this Agreement. CITY shall have the reasonable right to access and examine such records, without charge.
CITY shall own and further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all written materials, including any electronic communications, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the City Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representative or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Daniel Morones to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT 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 CONSULTANT Representative shall Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
constitute notice to CONSULTANT. CONSULTANT may, by written notice to CITY, advise CITY of any change in CONSULTANT Representative.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT shall perform all Work skillfully, competently and in accordance with industry standards of CONSULTANT’s profession;
B. CONSULTANT shall perform all Work in a manner in accordance with this Agreement;
C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
D. CONSULTANT 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 CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
F. Except as otherwise set forth in this Agreement, all of CONSULTANT’s employees and agents (including but not limited to subconsultants) 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 CONSULTANT shall perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with its obligation set out herein or failure on the part of CONSULTANT’s employees, agents, consultants, and subconsultants to fulfill its obligations herein. Such effort by CONSULTANT to correct any errors or omissions shall be commenced as soon as reasonably practicable upon their discovery or notice by either Party and shall be Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing, in accordance with applicable industry standards. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and in accordance with applicable industry standards of CONSULTANT’s profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY, which consent shall not be unreasonably withheld.
CITY shall have up to sixty (60) calendar days to consider any proposed assignment by CONSULTANT. CONSULTANT can withhold consent where the CITY determines that the proposed assignee does not have the financial capacity to comply with the terms of this Agreement. In the absence of CITY’s prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONSULTANT: The Work shall be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent CONSULTANT basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, consultants, or subconsultants is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, consultants, or subconsultants fail or refuse to perform the Work in accordance with this Agreement, such officer, employee, agent, consultant, or subconsultant shall be promptly removed by CONSULTANT and shall not be reassigned to perform any of the Work.
2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements. To the extent that any changes in applicable law result in an increase in CONSULTANT’s cost of performance, the Parties shall negotiate in good faith to reach a mutually agreeable price adjustment. Should the Parties fail to reach such an agreement within 30 days (or such other agreeable time period) of CONSULTANT’s notice to CITY of its increased cost of performance, either Party may terminate this Agreement upon 60 days’ written notice.
2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subconsultant, 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 CONSULTANT STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent CONSULTANTs and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, consultants, and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT 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 contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
2.11 CITY RESPONSIBILITIES: During the term of this Agreement, the CITY shall:
Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
a) obtain and maintain all state, federal, and local permits and licenses required for ownership, operation and maintenance of the Facilities, including without limitation, the CITY’s Permits;
c) comply with Applicable Law relating to the management, ownership, operation, maintenance, repair and replacement of the Facilities (to the extent that the responsibility of complying with those laws is not specifically assumed by the CONSULTANT under this Agreement). The CONSULTANT shall not be responsible for the CITY’s failure to comply with any provision of Applicable Law that is not otherwise specifically assumed by the CONSULTANT hereunder.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain polices of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as 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 contractual liability.
B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than Five Hundred Thousand Dollars ($500,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California. However, if the CONSULTANT has no employees, for example a sole practitioner or a partner in a firm with only contracted support staff, then Workers’ Compensation is not required by the State. CONSULTANT shall the city’s form stating they are either the owner of the organization or a partner, and are exempt from the State’s workers’ compensation requirements because they have no employees and agree to hold the Entity harmless from loss or liability for such. A waiver must be signed.
Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
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 CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT 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 CONSULTANT’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: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 CONSULTANT’S INSURANCE: All polices of insurance provided by CONSULTANT shall be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subconsultants or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.
3.6 VERIFICATION OF COVERAGE: CONSULTANT 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, CONSULTANT warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
coverage required under this Article. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any work or any of the Work. Upon CITY’s written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.
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 this Agreement subject to Paragraph
4.2 and 4.3. 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. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
4.2 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.3 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers.
4.4 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subconsultant or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subCONSULTANTs or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.5 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.6 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: The CITY may immediately terminate this Agreement at any time for convenience and without cause by giving written notice to CONSULTANT of such termination, which notice shall specify the effective date of such termination, which effective date shall not be less than ten (10) days from the written notice. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request.
No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 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, Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
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. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 3- day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section
5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 30- day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violate any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any material covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY shall cure any Event of Default asserted by CONSULTANT within thirty (30) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period.
Prior to the expiration of the 30-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 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section
1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. Either Party may also immediately suspend performance under this Agreement pending the Defaulting Party’s cure of any Event of Default by giving said Party written notice of the Party’s intent to suspend performance (hereinafter, a “Suspension Notice”). A Party may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT in accordance with this Agreement up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, 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 a ten (10) day written notice to CONSULTANT, the CITY may terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
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iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT 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 materials, equipment, reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data.
CONSULTANT shall require all subconsultants and subconsultant working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
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6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT 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. CONSULTANT shall not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court 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:
CONSULTANT: CITY:
Fuerza Foundation
1210 Sherry Ct
San Leandro, California 94577
Attn: Daniel Morones
Phone (562) 587-3053
[email protected]
City of Huntington Park
6550 Mile Avenue
Huntington Park, CA 90255
Attn: Ricardo Reyes, City Manager
Phone: (323)584-6161
[email protected]
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, fortyeight (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: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subCONSULTANTs), if any, shall contain a provision making Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
them subject to all provisions stipulated in this Agreement with the exception of provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other CONSULTANTs in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, 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, the venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
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 Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
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 CONSULTANT 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 CONSULTANT and the two remaining counterparts shall remain with the City for archiving and day-to-day reference by the department responsible for administering the Agreement on the City’s behalf.
6.21 Notwithstanding any provision to the contrary contained in this Agreement, in no event shall either party be liable for punitive damages.
6.22 FORCE MAJEURE: A party’s performance of any obligation under this Agreement shall be excused if, and to the extent that, the party is unable to perform because of any event of Force Majeure. In any such event, the party unable to perform shall Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a party, including without limitation: (a) acts of God; (b) flood, fire, earthquake, hurricane or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law that prevents CONSULTANT from performing its obligations as set forth in this Agreement; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority that prevents CONSULTANT from performing its obligations as set forth in this Agreement; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees;] (i) shortage of adequate power or transportation facilities.
6.23 BUSINESS LICENSE AND W9: A City of Huntington Park Business license must be obtained before commencing work and a W9 provided when submitting first payment.
[SIGNATURE PAGE TO FOLLOW]
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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:
By:__________________________
Ricardo Reyes, City Manager
FUERZA FOUNDATION
By:_________________________________
Name:_______________________________
Title:________________________________
APPROVED AS TO FORM:
By:_________________________
Andrew Sarega, City Attorney
ATTEST:
By:
Eduardo Sarmiento, City Clerk
Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9 Daniel Morones
Chair / Co-Founder
EXHIBIT “A”
SCOPE OF WORK
(SEE ATTACHED)
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EXHIBIT "A"
SCOPE OF SERVICES
2025 Huntington Park Holiday Parade
1. PROJECT OVERVIEW
CONSULTANT shall provide comprehensive parade production and event management services for the City of Huntington Park's 2025 Holiday Parade (the "Event"), scheduled for December 13, 2025. CONSULTANT shall coordinate all aspects of parade planning, execution, and post-event activities in collaboration with City departments and external partners to deliver a professionally managed, culturally significant community celebration.
2. SCOPE OF SERVICES
2.1 Services Provided by CONSULTANT
CONSULTANT shall perform the following services and deliverables:
A. Parade Coordination & Event Management
• Serve as primary point of contact for all parade participants, vendors, performers, and sponsors
• Conduct minimum of one (1) pre-event coordination meetings with City departments, Fire, Public Works, and City Manager's office, including a separate meeting between the Security Company and Police Department; • Set up a Parade Operations Command Post near the Police Hub to serve as central hub for communication, dispatch, pre-event coordination and training, and problem resolution during the Event for Consultant operations; • Coordinate parade staging, lineup sequencing, and participant entry/exit logistics; • Manage volunteers, training, and deployment (minimum 50 volunteers); • Implement digital coordination tools (radios) for real-time communication among staff, volunteers, and if necessary for City personnel; • Provide English speaking staff and communications throughout planning and execution phases;
Deliverables:
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• Parade Master Plan (Due: December 2, 2025);
• Final Participant Roster (Due: December 10, 2025);
B. VIP Reception Management
• Plan, coordinate, and execute VIP Reception for approximately 150-200 guests; • Manage venue setup, décor, lighting, and audiovisual equipment; • Coordinate catering services (food and beverage) for VIP guests; • Develop and manage VIP guest list in coordination with City Manager's office; • Coordinate arrival, seating, and transition of VIPs to parade viewing and designated areas;
Deliverables:
• VIP Reception Plan (Due: November 25, 2025);
• Final VIP Guest List (Due: December 6, 2025);
• Post-event VIP satisfaction summary.
C. Parade Participants & Entertainment Coordination
• Recruit, vet, and manage 1-5 parade float entries (Santa’s float is required); • Contract and coordinate marching bands, dance groups, and performance organizations with the guidance and help from the City; • Secure Grand Marshal and coordinate all related logistics and appearances; • Manage community organization participation (schools, nonprofits, civic groups); • Coordinate all participant agreements, waivers, and/or application processes; • Ensure all participants meet safety and relevant insurance requirements; Deliverables:
• Participant Recruitment Plan (Due: November 10, 2025); • Executed Participant Agreements (ongoing through December 10, 2025); • Participant Insurance Certificates (Due: December 1, 2025).
D. Sponsorship Development & Management
• Design tiered sponsorship packages (Presenting Sponsor, Gold, Silver, Community Partner levels) subject to City approval;
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• Actively solicit and secure corporate, business, and nonprofit sponsors; • Manage all sponsor agreements, benefits fulfillment, and recognition; • Coordinate sponsor branding integration (banners, signage, stage acknowledgments, digital media);
• Ensure all sponsorship activities comply with City branding guidelines and approval requirements;
Deliverables:
• Sponsorship Package Proposal (Due: November 10, 2025) • Weekly Sponsorship Revenue Reports
• Final Sponsor Recognition Report (Due: December 22, 2025) E. Infrastructure & Equipment Management
• Procure and install one (1) bleacher unit with minimum 300-person capacity; • Provide sound system and lighting;
• Coordinate barricade rental for additional units required forthe Event to supplement the City’s limited count;
• Ensure all equipment meets safety standards and accessibility requirements; • Manage equipment delivery,setup, and removal logistics.
Deliverables:
• Equipment Layout Plan (Due: November 29, 2025);
• Equipment Inspection Reports;
• Post-event Equipment Removal Confirmation.
F. Security & Public Safety Coordination
• Contract a California Private Patrol Operator (PPO)-licensed security firm with verified insurance coverage;
• Deploy minimum 50-60 uniformed security personnel for 8-hour operational window on Event day;
• Conduct pre-event security walkthrough with City Police Department; Note: CONSULTANT shall coordinate with, but is not responsible for, City Police Department deployment, Fire Department emergency response. City retains full authority over public safety operations.
Deliverables:
• Security Firm Credentials and Insurance Certificates (Due: November 20, 2025); Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
G. Media Production & Broadcasting
• Produce multi-camera, high-definition coverage of parade with professional lighting, audio, and graphics;
• Provide live streaming on City-designated social media platforms (YouTube, Facebook, Instagram);
• Employ professional English speaking host team for narration and participant interviews;
• Create post-event highlight reel (3-5 minutes) and full-length digital archive; • Integrate sponsor recognition segments and closed captioning for accessibility; • Coordinate with City Communications Department for pre-event promotional content;
• Deliver broadcast-quality footage suitable for archiving and future City marketing use;
Deliverables:
• Livestream technical test (Due: December 10, 2025);
• Post-event highlight reel (Due: December 22, 2025);
• Full digital archive in City-specified format (Due: December 22, 2025).
H. Marketing & Community Outreach
• Design and produce promotional materials (posters, banners, digital graphics) subject to City approval;
• Coordinate marketing campaign across social media, community newsletters, and local media outlets;
• Develop and distribute press releases in coordination with City Communications Department;
• Create event signage (directional, informational, sponsor recognition); • Coordinate promotion via City's Pacific Boulevard digital billboard (if applicable).
Deliverables:
• Marketing Plan and Materials (Due: November 15, 2025) I. Accessibility & ADA Compliance
• Provide ADA-compliant seating area with designated wheelchair spaces and accessible pathways;
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• Ensure accessible restroom facilities and handwashing stations will be provided by city trash hauler;
J. Sustainability & Waste Management Coordination
• Coordinate placement of recycling trash receptables along the parade route; • Coordinate with City Public Works for pre-event and post-event street sweeping and trash collection;
• Prioritize contracts with local Huntington Park vendors and small businesses.
K. Permitting & Regulatory Compliance Support
• Assist City in preparation of special event permit applications and County notifications;
• Coordinate submission of all required insurance certificates and vendor licenses; • Maintain compliance documentation for City review;
Note: City of Huntington Park retains responsibility for obtaining and maintaining all state, federal, and local permits and licenses required for Event, including street closure permits and public assembly permits. CONSULTANT shall provide coordination support only.
Deliverables:
• Permit Coordination Schedule (Due: November 15, 2025); • Insurance Certificate Package (Due: November 20, 2025).
L. Financial Management & Reporting
• Negotiate agreements with subcontractors, subconsultants, and vendors on behalf of City;
• Submit vendor invoices directly to City for payment processing; • Maintain detailed financial recordsfor all Event expenditures; • Provide monthly bi-weekly statusreportsto City Manager or designee; • Conduct post-event financial reconciliation with all receipts and documentation; • Manage ticketed bleacher seating sales (if applicable) through City-approved platform;
Deliverables:
• Itemized Budget (executed with Agreement);
• Weekly Budget Status Reports (November 2025 - January 2026); • Vendor Invoice Submissions (ongoing);
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• Final Financial Reconciliation Report (Due: January 10, 2026).
2.2 Services Excluded from CONSULTANT's Scope (City Responsibilities) The following services and responsibilities shall remain with the City of Huntington Park and are explicitly excluded from CONSULTANT's scope:
• Police Services: All law enforcement, street enforcement, and public safety command operations;
• Fire Department Services: Emergency medical response, fire safety inspections, and emergency preparedness;
• Public Works Services: street sweeping, restroom facilities provision; • Permits & Licenses: Procurement and maintenance of all governmental permits, street closure authorizations, and regulatory approvals; • City Facilities: Provision of City Hall, park facilities, or other municipal infrastructure for Event use;
• Direct Liability: Any liability arising from City's own negligent acts or omissions.
CONSULTANT shall work cooperatively and maintain regular communication with all City departments to ensure seamless coordination and Event success.
3. COMPENSATION & PAYMENT TERMS
3.1 Total Compensation
Total compensation for all Services described in this Scope of Services shall not exceed Eighty-Thousand Dollars ($80,000.00) (the "Contract Price").
This amount represents the full and complete compensation for all labor, materials, equipment, services, coordination, supervision, overhead, profit, and any other costs necessary to perform the Work, except as specifically identified as reimbursable expenses or handled through the direct City payment process described in Section 3.3.
3.2 Payment Schedule
Payments shall be made to CONSULTANT according to the following milestone-based schedule:
Payment Amount Trigger/Due Date Purpose
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Payment 1: Initial
Deposit $15,000
Within three (3)
business days of
full execution of
Agreement
Secure
subcontractors,
subconsultants,
vendors; initiate
planning activities
Payment 2: MidProject $35,000
December 3, 2025
(two weeks prior to
Event)
Completion of
major planning
deliverables; final
vendor
commitments;
Event week
preparation
Payment 3: Final
Payment $30,000
December 20, 2025
(one week after
Event)
Successful Event
completion;
submission of all
post-event
deliverables; final
reconciliation
subject to Section
3.4 Total | $80,000 | | |
3.3 Direct City Payment for Event Vendors
The Parties acknowledge that CONSULTANT shall negotiate agreements with subcontractors,subconsultants, and vendors necessary to produce the Event.
CONSULTANT shall forward vendor invoices directly to City for payment processing.
This direct payment arrangement operates asfollows:
• CONSULTANT identifies, vets, and negotiates terms with all Event vendors (security, equipment rental, media production, catering, performers, etc.); • CONSULTANT submits vendor agreements to City for review and approval prior to execution;
• Upon City approval, CONSULTANT executes agreements on behalf of City (as City's authorized event producer);
• Vendors submit invoices to CONSULTANT;
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• CONSULTANT reviews invoices for accuracy and compliance with approved agreements;
• CONSULTANT forwards approved invoices to City Finance Department with recommendation for payment;
• City processes payments directly to vendors within five (5) calendar days of receipt; Budget Management: CONSULTANT shall manage all vendor relationships to ensure total Event costs do not exceed the approved Event Budget as reflected in Section 4 below. The $80,000 Contract Price to CONSULTANT is separate from and in addition to vendor costs paid directly by City.
3.4 Liquidated Damages & Final Payment Adjustment
The Parties acknowledge that certain performance failures may result in damages to City that are difficult to quantify. Accordingly, City reserves the right to assess liquidated damages against Payment 3 (Final Payment) for the following failures:
Performance Failure Liquidated Damage Amount
Eventstart delayed more than 10 minutes
beyond scheduled time without Force
Majeure justification
$2,500
Failure to provide minimum 50 security
personnel as specified $2,000
Failure to provide livestream broadcast as
specified $3,000
Failure to submit Final Financial
Reconciliation by January 10, 2026 $500
City shall provide written notice of any assessed liquidated damages within five (5) business days of Event conclusion or applicable deadline. CONSULTANT shall have ten (10) business days to respond with objections or justifications. Final determination shall be made by City Manager, whose decision shall be final.
Final Payment (Payment 3) shall be reduced by any assessed and confirmed liquidated damages.
3.5 Invoicing Requirements
All invoices submitted by CONSULTANT shall include:
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• Invoice number and date;
• Reference to Agreement and Event name;
• Itemized description of Services performed corresponding to Payment Schedule milestone;
• Documentation supporting completion of deliverables required for payment milestone;
• Total amount due;
• Fuerza Foundation W-9 and payment instructions;
• Certification that all statements are true and accurate.
4. EVENT BUDGET
The approved Event Budget for direct City payments (separate from CONSULTANT compensation) is as follows:
Category Description Estimated Cost
1. Parade Operations &
Logistics
Parade lineup coordination,
entry management,
volunteer coordination,
staging & float order setup
$3,000
2. VIP Reception
Venue setup, décor,
catering, seating, lighting,
guest management,
entertainment
$7,000
3. Floats, Bands &
Performers
Float rentals (10–12 units),
performance stipends,
local bands/dance groups,
community entries
$7,000
4. Infrastructure &
Equipment
Bleachers (1 unit, 300
capacity), lighting, sound,
barricades
$10,000
5. Security & Safety
Licensed PPO firm with 60
guards × 8 hours, radios, $27,000
Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
crowd management,
emergency coordination
6. Media Production &
Broadcasting
Multi-camera filming, live
streaming, professional
lighting, sound mixing,
announcers, postproduction editing
$18,000
7. Marketing &
Sponsorship Activation
Sponsorship packages,
banners, posters, digital
media design, community
outreach, signage
$3,000
8. Sustainability & Waste
Management
Coordination
Recycling stations,
trash/compost bins, vendor
compliance coordination,
cleanup staffing
coordination
$7,500
9. County Permitting Street Closure $5,500
TOTAL EVENT BUDGET $88,000
Note: This Event Budget represents estimated costs for vendor services to be negotiated by CONSULTANT, approved by City and paid directly by City as described in Section 3.3.
This budget is separate from the Eighty-Thousand Dollars ($80,000) CONSULTANT compensation per Section 3.2. The budget stipulated in this section (Event Budget) provides an unequivocal cost ceiling that shall not exceed the amounts indicated per line item unless approved by the City.
Combined Project Cost Summary:
• CONSULTANT Compensation: $80,000
• Direct Event Costs (City-paid vendors): $88,000
• Total Project Investment Up To: $168,000
Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9 including:
5. REVENUE PLAN & SPONSORSHIP MANAGEMENT
5.1 Revenue Sources & Projections
CONSULTANT shall develop and implement revenue generation strategies to offset Event coststhrough sponsorships and ticket sales. Projected revenues are asfollows:
Revenue Source Description Projected Amount
Corporate & Business
Sponsorships
Tiered packages
(Presenting, Gold, Silver,
Community) from
businesses and
corporations
$75,000
Ticketed Bleacher Seating
Premium seating sales
(approx. 300 seats @ $5
average)
$1,500
In-Kind Sponsorships Donated services,
materials, media support $8,000
TOTAL PROJECTED
REVENUE $84,500
To maximize sponsor participation and provide centralized revenue management for the Event, the following sponsorship fund management structure shall apply:
A. Sponsorship Payment Process
1. CONSULTANT shall solicit Event sponsorships from corporations, businesses, government agencies, non-profits, and individuals;
2. All sponsorship agreements shall be subject to City review and approval prior to execution;
3. All sponsors shall remit sponsorship payments directly to City of Huntington Park's designated account;
4. City shall issue appropriate receipts and documentation to all sponsors upon receipt of contributions;
5. CONSULTANT shall maintain detailed records of all sponsorship contributions, Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
a. Sponsor name and contact information;
b. Contribution amount and commitment date;
c. Sponsorship benefits to be provided;
d. Status of contribution (committed, received by City, fulfilled); e. Copy of sponsorship agreement.
B. Administrative Fee & Fund Distribution (section removed) C. Financial Controls & Transparency
To ensure full transparency and maintain City confidence in this sponsorship management model, the following controls shall apply:
1. City Account Control: All Event sponsorship funds shall be deposited directly into City's designated account. City retainsfull control and authority over all sponsorship revenue;
2. Monthly Reporting: CONSULTANT shall provide City with weekly Sponsorship Development Reports including:
a. List of all prospective sponsors contacted and solicitation status; b. List of all committed sponsors with contribution amounts and payment status;
c. Total funds committed to date;
d. Total funds received by City to date (as confirmed by City records); e. Pipeline of pending sponsorship opportunities;
f. Sponsor benefit fulfillmentstatus.
3. City Approval Authority: No sponsorship agreement exceeding ten-thousand ($10,000) dollars shall be executed without prior written approval from City Manager or designee.
4. Documentation Rights: City shall have the right to review all sponsorship solicitation materials, proposals, and correspondence upon request.
5. Final Reconciliation: Within thirty (30) days following Event conclusion (reference Section 7 – Final Financial Reconciliation), CONSULTANT shall provide:
a. Final Sponsorship Development Report with complete accounting of all solicitations, commitments, and collected funds;
b. Sponsor benefit fulfillment confirmation for all sponsors; c. Post-event sponsor satisfaction summary and recommendations for future events.
6. Prohibited Activities: CONSULTANT shall not:
a. Accept sponsorship payments directly (all payments must be remitted to City);
b. Make commitments on behalf of City that exceed approved sponsorship Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
benefits or involve City resources not contemplated in this Agreement; c. Engage in any sponsorship activities that would create conflicts of interest or reputational concerns for City;
D. City Reserved Rights
City reservesthe right to:
• Disapprove any proposed sponsor based on conflict of interest, reputational concerns, or policy considerations;
• Reject any sponsorship contribution for any lawful reason; • Conduct its own independent sponsorship solicitation activities in addition to CONSULTANT's efforts;
• Require additional reporting or documentation beyond what is specified herein;
5.2 Ticketing Revenue
All ticketed bleacher seating revenue shall be processed through City's approved ticketing platform (e.g., ActiveNet or equivalent) and deposited directly to City accounts.
CONSULTANT shall coordinate ticket sales, pricing, and customer service but shall not handle ticket proceeds directly. Ticketing revenue is separate from sponsorship revenue and does not generate a Fundraising Services Fee for CONSULTANT. • City shall provide a list of all ticket receipts with accurate names of the people who purchased the tickets to ensure accurate count and meet seating requirements. • Consultant shall provide and distribute wristbands to confirmed ticket purchases at the day of the Event.
6. INSURANCE & LICENSING REQUIREMENTS
6.1 Required Insurance Coverage
CONSULTANT shall maintain the following insurance coverage throughout the term of this Agreement:
Coverage Type Minimum Limits Additional Requirements
Commercial General
Liability
$2,000,000 per occurrence
/ $4,000,000 aggregate
City named as additional
insured; occurrence form
6.2 Security Subcontractor Insurance
Security subcontractor shall maintain:
• Commercial General Liability: $1,000,000 per occurrence Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
• Valid California Private Patrol Operator (PPO) License • Workers' Compensation at statutory limits
6.3 Business Licenses
CONSULTANT shall maintain:
• Valid City of Huntington Park Business/Contractor License • California Secretary of State registration (if applicable) • IRS 501(c)(3) determination letter (current)
All insurance certificates and licenses shall be provided to City within five (5) business days of Agreement execution.
7. PROJECT TIMELINE & KEY MILESTONES
Milestone Deliverable/Activity Completion Date
Contract Execution Agreement fully executed;
Notice to Proceed issued
November 3, 2025
Initial Deposit Payment
Payment 1 ($15,000) paid
to CONSULTANT with
proper Invoice Submitted
Within 3 business days of
execution
Kickoff Meeting
Initial coordination meeting
with City departments and
public safety
Week of November 3, 2025
Sponsorship Launch
Distribution of approved
sponsorship packages;
outreach begins
November 10–15, 2025
Marketing Materials
Marketing plan and
promotional materials
submitted for City approval
November 10, 2025
Parade Operations Plan
Draft
Includes lineup, traffic,
vendor logistics
November 20, 2025
VIP Reception Plan Complete VIP event plan
submitted
November 25, 2025
Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
Security & Accessibility
Plans
Submitted for City review
and approval
November 29, 2025
Final Parade Master Plan
Full timeline, vendor maps,
staffing matrix, all final
plans
December 2, 2025
Mid-Project Payment Payment 2 ($35,000) paid
to CONSULTANT
December 3, 2025
VIP Logistics Finalized
Catering confirmed, guest
list final,
décor/entertainment
locked
December 6, 2025
Media Production Setup Livestream systems tested;
promotional content
deployed
December 8–10, 2025
Final Participant Roster
All parade participants
confirmed with
insurance/agreements
December 10, 2025
EVENT DAY
VIP Reception: 4:00 PM /
Parade: 6:00–8:00 PM
December 13, 2025
Final Payment
Payment 3 ($35,000) paid
to CONSULTANT (subject
to liquidated damages
adjustment)
December 20, 2025
Post-Event Deliverables
Highlight reel, digital
archive, sponsor fulfillment
complete
December 22, 2025
Final Financial
Reconciliation
All invoices, receipts,
sponsorship accounting,
summary report
January 10, 2026
Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
8. PERFORMANCE STANDARDS
CONSULTANT's performance shall be evaluated based on the following standards:
8.1 Quality Standards
• All deliverables shall meet professional industry standards for event production and management;
• All Services shall be performed in compliance with applicable federal, state, and local laws and regulations;
• All communications and materials shall be in English unless otherwise specified;
8.2 Timeliness Standards
• All deliverables shall be submitted by the due dates specified in Section 7 (Project Timeline)
• Event shall commence at scheduled time (6:00 PM) with no more than fifteen (10) minute delay absent Force Majeure circumstances
• All City coordination meetings shall be attended by CONSULTANT Representative or authorized designee
• All vendor invoices shall be forwarded to City within five (5) business days of CONSULTANT's receipt
8.3 Communication Standards
• CONSULTANT shall respond to City inquiries within two (2) business days • CONSULTANT shall provide weekly status updates to City Manager or designee during November-December 2025
• CONSULTANT shall immediately notify City of any issues that may impact Event success, budget, or timeline
• All sponsor agreements and major vendor contracts shall be submitted to City for review minimum five (5) business days prior to execution
8.4 Safety & Compliance Standards
• All required permits, licenses, and insurance documentation shall be current and available for City inspection;
• Emergency protocols shall be established and communicated to all staff and volunteers.
Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
9. CITY SUPPORT & COOPERATION
To enable CONSULTANT's successful performance of Services, City agrees to provide the following support:
9.1 Access & Information
• Timely access to City facilities, personnel, and information reasonably necessary for CONSULTANT to perform Services in accordance to Section 7; • Contact information for all relevant City department heads and key personnel; • Historical Event data, participant lists, and lessons learned from prior years (if available);
• City branding guidelines, logos, and approved messaging.
9.2 Approvals & Decisions
• City shall review and approve/disapprove submitted deliverables within forty-eight (48) business hours of receipt, if the City fails to respond, the CONSULTANT will execute in their discretion;
• City Manager or designee shall be available for coordination meetings, calls, and decisions as reasonably required in person or digitally (video calls, emails, fax, social media, ie...);
• City shall provide a single point of contact (CITY Representative per Agreement Section 2.1) with authorization for approvals for CONSULTANT inquiries and communication.
9.3 Direct City Responsibilities
As specified in Section 2.2 above, City retains direct responsibility for:
• Police, Fire;
• All governmental permits and street closure authorizations; • Provision of public restrooms;
• Street sweeping services;
• Any other municipal services not specifically delegated to CONSULTANT in this Scope of Services.
10. ASSUMPTIONS & DEPENDENCIES
CONSULTANT's ability to perform Services is based on the following assumptions:
1. City shall obtain all required governmental permits and authorizations minimum five (5) business days prior to Event;
Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
2. City Police Department shall provide traffic control and street closure enforcement as historically provided for this Event;
3. City Representative will provide previously used and approved plans, surveys, and/or documents for traffic, security, sponsors, marketing material, list of parade participants, schedule of line up (master list), list of vendors, sponsors, VIP guests, volunteer lists, ie...;
4. City Public Works Department shall p rovide waste receptacles as historically provided;
5. Weather conditions on Event day shall be suitable for outdoor parade (see Force Majeure provisions in Agreement Section 6.22 for weather-related contingencies);
6. No changes in applicable law or City policy between Agreement execution and Event date that would materially impair CONSULTANT's ability to perform Services;
7. Timely payment of deposits to enable CONSULTANT to secure vendor commitments;
8. Reasonable availability of qualified vendors, performers, and security personnel in Los Angeles market;
Material changes to these assumptions may require scope and/or compensation adjustments to be negotiated in good faith between the Parties.
11. DEFINITIONS
For purposes of this Scope of Services:
• "Event" means the 2025 City of Huntington Park Holiday Parade and associated VIP Reception scheduled for December 13, 2025
• "Event Day" means December 13, 2025;
• "Services" or "Work" means all services, tasks, and deliverables specified in this Exhibit A;
• "Deliverable" means any written document, plan, report, or other work product required to be submitted to City under this Scope of Services; • "CONSULTANT Representative" means Daniel Morones or his authorized designee as specified in Agreement Section 2.2;
• "CITY Representative" means City Manager or authorized designee as specified in Agreement Section 2.1;
• "Business Day" means Monday through Friday, 8:00 AM to 5:00 PM Pacific Time, excluding City-observed holidays;
• "Force Majeure" hasthe meaning set forth in Agreement Section 6.22; Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9
12. ENTIRE SCOPE
This Exhibit A, together with the Professional Services Agreement to which it is attached, constitutes the entire scope of CONSULTANT's services and obligations. Any services not specifically identified in this Exhibit A are excluded from CONSULTANT's scope unless added by written amendment executed in accordance with Agreement Section 6.16.
END OF EXHIBIT A - SCOPE OF SERVICES
ACKNOWLEDGMENT:
The Parties acknowledge that they have reviewed, understand, and agree to the Scope of Services set forth in this Exhibit A.
CITY OF HUNTINGTON PARK
By:
Name: Ricardo Reyes
Title: City Manager
Date:
FUERZA FOUNDATION
By:
Name: Daniel Morones
Title: Chairman
Date:
Docusign Envelope ID: 230354AA-B034-44A1-BB97-6BCAD778A6C9 ITEM 4
CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report
December 9, 2025
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 CONSTRUCTION AGREEMENT WITH AZTECS TELECOM INC. FOR THE CITY’S BROADBAND INFRASTRUCTURE
PROJECT
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Approve the negotiated Public Works Construction Agreement with Aztecs Telecom Inc. for a not to exceed amount of $15,611,325 for the City’s Broadband Infrastructure Project, consistent with the requirements of the California Public Utilities Commission (CPUC) Federal Funding Account (FFA) grant and the City’s broadband deployment goals; and
2. Authorize the City Manager to execute the agreement and all related documents necessary to implement the project.
PURPOSE / JUSTIFICATION OF RECOMMENDED ACTION
On October 14, 2025, the City Council authorized staff to negotiate final terms of a Construction Agreement with Aztecs Telecom Inc. for the Broadband Infrastructure Project. Negotiations have now been completed, resulting in a contract that reflects the CPUC grant obligations, City’s technical requirements, and project delivery schedule.
The agreement ensures that Aztecs Telecom Inc. will construct a last mile fiber broadband network throughout Huntington Park. The negotiated terms incorporate:
• Alignment with CPUC Federal Funding Account (FFA) grant requirements.
CONSIDERATION AND APPROVAL OF CONSTRUCTION AGREEMENT WITH AZTECS TELECOM INC. FOR THE CITY’S BROADBAND INFRASTRUCTURE
PROJECT
December 9, 2025
• Performance standards and milestones to ensure timely delivery. • Provisions for permitting, mobilization, and construction activities under a compressed schedule.
• Cost controls to maintain compliance with the City’s approved budget and grant award.
Awarding the contract allows the City to commence construction activities once design is finalized.
FISCAL IMPACT / FINANCING
The final contract amount with Aztecs Telecom Inc. is a not-to-exceed amount of $15,611,325, which is fully funded by the City’s CPUC Federal Funding Account (FFA) grant award. All construction-related costs are fully reimbursable under the grant. No additional appropriation is requested at this time.
ENVIRONMENTAL IMPACT
The project has been reviewed in accordance with the California Environmental Quality Act (CEQA). Staff recommends approval of the Environmental Assessment as follows:
• The project qualifies for a categorical exemption under 14 California Code of Regulations § 15301 (Class 1 – Existing Facilities). This exemption applies to minor alterations of existing public facilities that involve negligible or no expansion of use. The proposed work consists of improvements to existing infrastructure and does not introduce new capacity or significant operational changes. • The project also qualifies under 14 California Code of Regulations § 15304(f), which exempts “minor trenching and backfilling where the surface is restored.” The construction activities will involve limited trenching necessary for installation, followed by restoration of the surface to its original condition.
Based on these exemptions, the project is not anticipated to result in significant environmental impacts related to traffic, noise, air quality, or water quality. Adequate utilities and public services are available to support the project, and no unusual circumstances exist that would preclude reliance on these categorical exemptions.
CONCLUSION
Approval of the final Public Works Construction Agreement with Aztecs Telecom Inc. represents a critical milestone in delivering the City’s Broadband Infrastructure Project.
This action follows a competitive procurement process and ensures the City has secured
CONSIDERATION AND APPROVAL OF CONSTRUCTION AGREEMENT WITH AZTECS TELECOM INC. FOR THE CITY’S BROADBAND INFRASTRUCTURE
PROJECT
December 9, 2025
a qualified partner to meet technical, budgetary, and timeline requirements. Construction is targeted for completion by December 2026, supporting timely implementation and advancing Huntington Park’s digital equity goals.
Respectfully submitted,
RICARDO REYES
City Manager
GERRY LOPEZ
Director of Public Works
ATTACHMENTS
A. Aztecs Telecom Inc. Cost Proposal
B. Draft Public Works Contract
12.05.25 TOTAL PROJECT - ALL PHASES
LABOR
Total
Estimated
Units* Unit
Aztecs Unit
Cost
AZTECS
TOTAL COST Aztecs Key Assumptions (11.03.25) CITY NOTES
UNDERGROUND - BURIED LABOR
Directional Bore (2) 2" -->[LF] 43,892 LF $ 71.50 $ 3,138,278.00 Includes pilot bore, ream, pullback, and two (2) 2" conduits in a single bore path. Entry/exit pits ≤ 4’×4’. Standard soils (no rock). Daylight potholing at utilities included. Must include pothole restoration
Directional Bore (4) 2" -->[LF] - LF $ 142.00 $ -
Same as above, but installing four (4) 2" conduits in single bore profile. Bore diameter & ream size adjusted accordingly. Increased rig time reflected in rate.
Directional Bore (6) 2" -->[LF] - LF $ 178.00 $ -
Same as above for six (6) conduits; assumes adequate corridor space.
Additional setup and pull staging included. Traffic control standard flagging included.
Bore 6” Casing (Steel) -->[LF] - LF $ 135.00 $ -
Steel casing installed by Horizontal Directional Drilling (HDD); includes ream and pullback. Used for structural roadway or permit crossings. Back-of-curb or sidewalk alignment assumed.
Bore 6” Casing (PVC) -->[LF] 1,400 LF $ 125.00 $ 175,000.00 Same as above but using PVC SDR for non-structural crossings. Not intended for railroad or water-body crossings.
Bore 8” Casing (Steel) -->[LF] - LF $ 165.00 $ -
Same assumptions as 6" steel casing, but larger bore diameter and pull loads.
Rig size & tooling included.
Bore 8” Casing (PVC) -->[LF] - LF $ 150.00 $ - Same as above; PVC SDR conduit; for non-structural crossings.
Deep Bore 10” Casing (Steel) -->[LF] (Water, Railroad, Bridge Crossing) - LF $ 255.00 $ - Specialized crossing bore. Includes additional depth, larger ream passes, slower production, and additional verifying potholes. Does not include RR or CalTrans permitting fees.
Deep Bore 10” Casing (PVC) -->[LF] (Water, Railroad, Bridge Crossing) - LF $ 235.00 $ - Same as above using PVC SDR casing where allowed. Typically used only where permitted by utility owner.
Install Muletape in New Conduit -->[FT] 97,538 FT $ 0.27 $ 26,335.26 Pulling tape installation after conduit proofing. Assumes continuous clear pathway.
Bore Rock Adder -->[LF] 4,877 LF $ 30.00 $ 146,310.00
Added only when rock is encountered or pre-verified by geotechnical data. Per LF overlay on base HDD cost.
Install #12 AWG Insulated Tracer Wire -->[LF] - LF $ 0.55 $ - Single continuous conductor placed alongside conduit; includes terminations at access points.
Install 5/8"x8' Copper Clad Ground Rod -->[EA] 154 EA $ 115.00 $ 17,710.00 Driven to full depth where soil conditions allow; includes clamp and bonding to tracer or closure ground.
Install 3.5" Dia PVC Round Marker Posts with Orange Dome Top - EA $ 42.00 $ - Installed at grade above buried route. Includes excavation and tamp. No testwell included.
Install 3.5" Dia PVC Round Marker Posts with Orange Dome Top with Test Station -->[EA] - EA $ 52.00 $ -
Includes test head, shorting straps, and bonding to tracer wire. Installed at vaults or route transitions.
Installation, Underground Fiber Cable - Including Slack (All other fiber) -->[LF] 56,069 LF $ 1.55 $ 86,906.95 Pulling cable through new conduit system; includes standard slack loops in handholes. Does not include splicing or testing.
Installation, Vault 24" x 36" -->[EA] 154 EA 1,985.00 $ $ 305,690.00 Includes excavation, placement, bedding, backfill, compact, and setting lid. Nontraffic or light-traffic tier.
Installation, Vault 36" x 48" -->[EA] - EA 2,950.00 $ $ - Same as above; traffic-rated placement assumed when in roadway shoulder or parking lanes.
Installation, Vault 48" x 60" -->[EA] - EA 4,250.00 $ $ - Same as above; larger excavation and compaction zone reflected in cost.
Dewatering assumed light.
Sawcut, Remove and Replace Asphalt 6" Thick -->[SqrFt] 1,592 Sq Ft $ 16.50 $ 26,268.00 Restoration of trench width equal to cut width. Standard city asphalt mix & compaction included. No decorative surfaces.
Sawcut, Remove and Replace Concrete 6" Thick -->[SqrFt] 6,272 Sq Ft $ 24.00 $ 150,528.00 Restores concrete sidewalk/panels to like-for-like finish. Decorative scoring or stamped finishes not included.
Remove and Replace Parkway To Existing Conditions - Sq Ft $ 19.00 $ - Turf/soil/planter strip restoration. Basic hydroseed or sod patch included (not full landscaping).
Microtrench sawcut & install (1) 2" -->LF - LF $ 115.00 $ - Includes 1–2" wide sawcut, slot trench, conduit placement, and cold patch temporary restoration. Heavy traffic lane MOT not included.
Microtrench, restoration, grind & repave T-cut (12" cut & repave) -->LF - LF $ 36.00 $ - Final thermal grind + 12" wide asphalt repave finish to City spec. Applied after microtrench settlement period.
Conventional Machine Open Cut & Trench (2) 2" at 30" minimum depth of cover - -> 4,877 LF $ 165.10 $ 805,192.70
2 feet asphalt restoration; 1-sack slurry backfill; up to 2 sq. ft. asphalt removal/restoration. Excludes cold-plane, recessed traffic plating, grind & cap; special inspections; spotter requireemnts, environmental monitoring, excessive utility conflicts.
Static Plow - Direct Bury -->[LF] (depth of 36") - LF $ 12.00 $ - Plow placing fiber or duct in soft parkway/greenbelt soils. No asphalt crossings.
ATTACHMENT "A"
12.05.25 Static Plow - Direct Bury -->[LF] (depth of 42") LF 14.00 - $ - $ Plow placing fiber or duct in soft parkway/greenbelt soils. No asphalt crossings.
UNDERGROUND - BURIED LABOR TOTAL $ 4,878,218.91
AERIAL -STRAND/LASH
Lash/Mount Closure -->[EA] EA 425.00 108 $ 45,900.00 $
Mount closure & hardware on strand/pole; banding, brackets, drip loops. No splicing/testing here.
Bond Strand/Guy to pole ground + materials -->[EA] EA 145.00 2,078 $ 301,310.00 $ Bond strap/clamp to #6 ground at pole; continuity check. (Small consumables included.)
Install Strand -->[FT] FT 5.50 231,082 $ 1,270,951.00 $ Set/tension messenger on existing poles, attachments & sag adjust. Excludes make-ready, poles, anchors.
Install Snow Shoes -->[EA] EA 195.00 226 $ 44,070.00 $
Mount 24" composite storage brackets on strand; tie slack. Hardware included in labor line.
Install Aerial Slack -->[EA] LF 1.25 4,600 $ 5,750.00 $ Form/store slack along span or at mid-span per design; tie-downs included.
Install / Lash Aerial Cable -->[FT] FT 3.25 222,728 $ 723,866.00 $ Place/lash fiber to strand (spinning wheel), mid-span grips, standard spans.
Excludes strand placement.
Tree Trimming -->[FT] FT 1.90 12,733 $ 24,192.70 $ Light limb clearance for telecom zone; no removals/stump work; within ROW.
Install Pole Risers -->[EA] EA 450.00 54 $ 24,300.00 $ Set galvanized U-guard, attach/strap, dress fiber; typical single riser.
Install Down Guy & Anchors -->[EA] EA 750.00 242 $ 181,500.00 $ Set anchor rod/plate, guy wire, grips, tension; includes standard proof-pull. (Anchor & marker materials priced separately.)
Lashing Wire --> [LF] LF 1.42 222,728 $ 316,273.76 $
Installation of LWC's and supports; placement of customer-supplied fiber ID tags at each pole. Excludes placement of fiber cable.
Pole Transfer / Make Ready (Straight Through) -->[EA] EA 609.00 2,014 $ 1,226,526.00 $ Move strand/fiber through pole (no dead-end); retension & hardware swap as needed.
Pole Transfer / Make Ready (Dead-end) -->[EA] EA 660.00 32 $ 21,120.00 $ Transfer at one dead-end; new hardware/tensioning.
Pole Transfer / Make Ready (Double Dead-end) -->[EA] EA 825.00 32 $ 26,400.00 $ Transfers at two opposing dead-ends; full re-tension both directions.
AERIAL -STRAND/LASH LABOR TOTAL $ 4,212,159.46
SPLICING
Install New Splice Case & Prep Cable -->[EA] EA 1,850.00 147 $ 271,950.00 $ Mount/secure closure, prep buffer tubes, seal ports, dress slack; includes standard TC. (UG handhole equivalent typically $1,350 EA—ask if you want both lines.)
Ground Splice Case + Materials -->[EA] EA 325.00 147 $ 47,775.00 $ Bond closure to #6 CU, acorn clamp, short lead; includes small grounding materials (no new ground rod unless listed elsewhere).
Splicing, Fusion, Single Fiber -->[EA] EA 49.00 5,292 $ 259,308.00 $ Field single fusion; includes splice sleeve, tray dressing time allocation.
Splicing Fusion, Single fiber Pigtail at panel -->[EA] EA 58.80 576 $ 33,868.80 $ Rack/LIU environment; dress to panel, heat-shrink protection, light panel handling included.
Splicing, Mass Fusion, 12 Fiber Ribbon EA 145.00 441 $ 63,945.00 $ One 12-ribbon mass fusion; tray management and verification included.
Testing, OTDR, Bi-Directional, Power Meter Testing -->[EA] EA 455.00 70 $ 31,850.00 $ Bi-dir OTDR + OPM on designated span; includes setup, launch/receive fiber, label/report export.
Testing existing cables Bi-Directional -->[EA] EA 621.00 - $ - $ Legacy cable bi-dir test & documentation; extra time baked in for unknowns.
Document existing splicing -->[EA] EA 363.00 - $ - $ Trace/confirm tray layouts, label updates, as-found diagram, photo log.
Reel testing -->[EA] EA 282.00 - $ - $ Pre-install reel OTDR/attenuation check, record retention.
SPLICING LABOR TOTAL $ 708,696.80
PATCH PANELS AND CABINETS
Install rack mounted patch panel (Any Size) and tails -->[EA] EA 558.00 2 $ 1,116.00 $ Mount panel in rack, dress buffer tubes, install pigtails, break-out, strain-relief, labeling, continuity verify. Does not include fusion splicing — that is already separately priced in your splicing section.
Install Wall Mount Fiber Enclosure -->[EA] EA 415.00 2 $ 830.00 $ Mount enclosure on wall, level/anchor, install cable support, dressing, grommets, slack loop, labeling. Panel/splicing not included unless panel is integrated.
Install 7ft Rack for patch panels -->[EA] EA 903.00 2 $ 1,806.00 $ Assemble + anchor to slab or uni-strut backer, bond to ground, level, ladderrack tie-in, hardware included in labor. Excludes building electrical feeds, ladder-rack beyond rack connection point.
PATCH PANELS AND CABINETS LABOR TOTAL $ 3,752.00
GENERAL
Pull fiber through building -->[FT] FT 4.50 600 $ 2,700.00 $ Pull through existing conduit/pathways; includes pull string/tension management, slack dressing, labels. Assumes pathways are clear.
Install 2" Electric Metal Tubing (EMT) -->[LF] LF 27.50 600 $ 16,500.00 $ Includes cutting, threading, straps, couplings, anchors, seismic clip spacing, and bonding. Conduit + fittings material is separate line. 4" Core Bore -->[EA] EA 455.00 2 $ 910.00 $
Core through typical concrete slab or CMU; includes patch/seal to fire caulk standard. Does not include structural scanning or engineered shoring.
12.05.25 2" Building Riser with LB - Up to 10' -->[EA] EA 506.00 2 $ 1,012.00 $ Includes installation of EMT riser, LB fitting, supports, bonding, label. Does not include roof penetration or fire-wrap beyond standard sealing.
Install Nema Enclosure -->[EA] EA 650.00 2 $ 1,300.00 $ Wall-mount NEMA-rated cabinet, level/anchor, bond, interior dressing and bushings. Does not include device power feed or breakers.
GENERAL LABOR TOTAL $ 22,422.00
LABOR TOTAL $ 9,825,249.17
MATERIALS
Total
Units Unit
FIBER MATERIALS
Undergroud 12 CT Fiber Cable -->[FT] FT 0.80 - $ - $ Dielectric armored outdoor cable; Undergroud 24 CT Fiber Cable -->[FT] FT 1.05 - $ - $
Dielectric armored outdoor cable; Same jacket, higher tube count; Central tube ribbon or loose tube;
Undergroud 96 CT Fiber Cable -->[FT] FT 1.60 - $ - $
Dielectric armored outdoor cable; Same jacket, higher tube count; Central tube ribbon or loose tube; High-density backbone feeder
Undergroud 288 CT Fiber Cable -->[FT] FT 2.95 34,169 $ 100,798.55 $ Dielectric armored outdoor cable; Same jacket, higher tube count; Central tube ribbon or loose tube; High-density backbone feeder
Aerial 12 CT Fiber Cable -->[FT] FT 0.60 - $ - $ Standard ADSS dielectric; Aerial 24 CT Fiber Cable -->[FT] FT 0.85 - $ - $ Standard ADSS dielectric; Matches typical feeder runs; Heavier sheath, Aerial 288 CT Fiber Cable -->[FT] FT 3.10 227,328 $ 704,716.80 $ Standard ADSS dielectric; Matches typical feeder runs; Heavier sheath, higher tension spec
FIBER MATERIALS TOTAL $ 805,515.35
UNDERGROUND
2” HDPE Roll Conduit, Orange – SDR 11 -->[FT] FT 1.45 48,769 $ 70,715.05 $ Smooth-wall SDR-11 OSP trench & bore rated 2" Pinpoint - 18 AWG/ Smooth-Wall, Orange 3 2" FT 3.45 48,769 $ 168,253.05 $ Includes locate conductor embedded Mule Tape -->[FT] FT 0.11 97,538 $ 10,729.18 $ Standard pull tape #12 AWG Solid Thhn Insulated Tracer Wire -->[FT] FT 0.35 - $ - $ UL-rated, direct buried certified 5/8"x8' Copper Clad Ground Rod -->[EA] EA 14.00 154 $ 2,156.00 $ Standard UL listed rod Vault, 24" x 36" -->[EA] EA 1,242.00 154 $ 191,268.00 $ Lid + body Vault 36" x 48" -->[EA] EA 1,772.00 - $ - $ Lid + body
Vault 48" x 60" -->[EA] EA 2,242.00 - $ - $ Lid + body
3.5" Dia PVC Round Marker Posts with Orange Dome Top, 8 ft. in length -->[EA] EA 35.00 - $ - $ Standard fiber pipeline marker
3.5" Dia PVC Round Locate Posts with Orange "Top Hat", 8 ft. in length with shorting straps -->[EA] EA 79.00 - $ - $ Includes test head & internal bonding hardware 6" SDR 11 -->[FT] FT 9.25 1,400 $ 12,950.00 $ Bore/street crossing duct 8" SDR 11 -->[FT] FT 13.85 - $ - $ Larger capacity / multi-duct 10" SDR 11 -->[FT] FT 16.25 - $ - $ Major corridor / backbone carrier capacity 6" Steel Casing -->[FT] FT 25.00 - $ - $ Coated bore casing 8" Steel Casing -->[FT] FT 35.00 - $ - $ Standard HDD casing size 10" Steel Casing -->[FT] FT 48.00 - $ - $ Deep bore crossings, rail/water main grade UNDERGROUND MATERIAL TOTAL $ 456,071.28
CLOSURES
FOSC 450 D Closure -->[EA] EA 450.00 147 $ 66,150.00 $
Includes dome, base, cable sealing port kit, seal gel, mounting hardware; typical 4-port dome configuration
D Size splice Tray -->[EA] EA 25.00 147 $ 3,675.00 $ Standard polymer tray, splice protector slots, fits FOSC-450D Slack Basket for D-Gel Closure -->[EA] EA 33.00 147 $ 4,851.00 $ Internal slack storage cradle for buffer tubes; fits FOSC-450D & similar domes CLOSURES MATERIAL TOTAL $ 74,676.00
PATCH PANELS AND CABINETS
24 port rack mount panel -->[EA] EA 138.00 2 $ 276.00 $ Standard 19" rack-mount LIU chassis. Supplied empty, no pigtails unless noted in splicing section. SC/APC or SC/UPC adapter plates to be selected based on network architecture. Includes cable strain-relief hardware. 1x32 splitter EA 82.80 2 $ 165.60 $
Single-mode OS2, SC/APC connectors, LGX cassette format for direct mounting into rack or wall enclosures. Optical insertion loss and return loss certified to Telcordia GR-1209/1221. No field polishing required.
12.05.25 288 port rack mount panel -->[EA] EA 780.00 2 $ 1,560.00 $ High-density modular LIU frame sized for up to 288 terminations. No adapters or splice trays included — those are priced separately in splicing & materials sections. Suitable for MDF/HUB environments with ladder-rack cable management.
Wall Mount Fiber Enclosure -->[EA] EA 220.00 2 $ 440.00 $ Indoor wall-mountable fiber enclosure for IDF/MPOE use. Includes one (1) splice tray, fiber entry bushings, tie-downs, and internal slack management.
Designed for SC/APC adapter plates. Includes bond/ground stud. 7ft Rack for patch panels -->[EA] EA 595.00 2 $ 1,190.00 $ Standard 7’ 4-post network equipment rack, floor-anchorable. Assumes standard telecom room slab mounting, no seismic anchorage unless specified.
Ladder-rack tie-in hardware included for top-rear connection.
NEMA Enclosure -->[EA] EA 375.00 2 $ 750.00 $
Outdoor/NEMA rated cabinet with padlock hasp, backplate for equipment mounting, and weather-resistant seals. Does not include AC power feed, breakers, or internal climate conditioning — those are separate line items if required.
PATCH PANELS AND CABINETS MATERIAL TOTAL $ 4,381.60
AERIAL
Snow Shoes -->[EA] EA 21.00 226 $ 4,746.00 $ Standard 12–24F slack management saddle U Guard -->[POLE] POLE 3.40 54 $ 183.60 $ 3" galvanized steel; includes clamps Anchors -->[EA] EA 55.00 242 $ 13,310.00 $ 6" helix anchor w/ 5/8" rod Guy Marker - Yellow plastic cover for visibility of down guy -->[EA] EA 7.50 242 $ 1,815.00 $ Snap-on reflective sleeve for guy wire New 35'-40' wooden pole for fiber attachments -->[EA] EA 897.00 104 $ 93,288.00 $ Wood pole only — no install, no framing Wooden pole for fiber attachments - cut and kick -->[EA] EA 325.00 104 $ 33,800.00 $ Remove, cut, load, dispose; pole replacement labor is separate 6M Strand -->[FT] FT 0.45 231,082 $ 103,986.90 $ Standard messenger strand used for lash build AERIAL MATERIAL TOTAL $ 251,129.50
MATERIAL TOTAL $ 1,591,773.73
CONTINGENCIES
Total
Units Unit
POLE REPLACEMENT - LABOR & PERMITS
Pole Replacement (PLA fail rate assumption = 5%)
New 35'-40' wooden pole for fiber attachments -->[EA] EA 6,900.00 104 $ 717,600.00 $ Permit/encroachment notifications, utility locates, crew + line/aerial truck, auger/set/plumb/tamp, standard MOT (flaggers/cones/signage), guy/anchor set & tension, demob. (Removal of temp pole later not included — add if needed.) Wooden pole for fiber attachments - cut and kick -->[EA] EA 9,625.00 104 $ 1,001,000.00 $ Cut existing pole to specified height (stub), cap/preserve, re-tag, transfer strand/fiber through, adjust guy tension, standard MOT. (No new pole purchase.)
POLE REPLACEMENT TOTAL $ 1,718,600.00
PROJECT CONTINGENCY (10%) 10% -- $ 1,141,702.29
10 CONTINGENCY TOTAL $ 2,860,302.29
Traffic Control EA 2,200.00 230 $ 506,000.00 $
Traffic control cost applies per active work zone per day, including standard ATSSA flaggers, cones, barricades, pedestrian safety tapering, and lane control signage. Does not include engineered traffic plans, night work premiums, railroad or CalTrans inspection fees.
Mobilization EA 3,600.00 230 $ 828,000.00 $
Mobilization cost applies per construction segment, defined as continuous work activity within a shared work zone. Includes equipment delivery/return, daily safety setup, crew deployment, and site restoration upon demobilization. Does not include long-term yard rental or storage.
TOTAL PROJECT ESTIMATE $ 15,611,325
* - Unit counts and required labor and material items are preliminary estimates based on the High Level Design completed on 12/2/25, and subject to change as design progresses and more detailed data can be accurately determined based on final design.
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-1
CITY OF HUNTINGTON PARK
CALIFORNIA
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
LAST MILE BROADBAND PROJECT
IN THE CITY OF HUNTINGTON PARK
City of Huntington Park
Public Works Department
6550 Miles Avenue
Huntington Park, California 90255
(323) 584-6264
Gerardo Lopez
Public Works Director
ATTACHMENT “B”
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-1
CITY OF HUNTINGTON PARK
SAMPLE CONTRACT
CAPITAL IMPROVEMENT PROJECT NO. [YEAR]-[XX]
[PROJECT NAME]
THIS CONTRACT (“Contract”) is made and entered this day of , 20 (“Effective Date”) by and between the City of Huntington Park, a California municipal corporation, (“City”) and , a
[Legal Form of Entity and state of formation, e.g., California corporation, limited partnership, limited liability company] (“Contractor”). Contractor’s California State Contractor’s license number is .
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post- Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as (“Project”),
as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of $ in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. All of the following documents are incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.§ 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-2
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
Dated:
(“CONTRACTOR”)
By:
By:
CITY OF HUNTINGTON PARK
By:
Ricardo Reyes, City Manager
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-3
ATTEST: APPROVED AS TO FORM:
By: By:
Eduardo Sarmiento, City Clerk City Attorney
Please note, two signatures required for corporations pursuant to California Corporations Code Section 313, unless corporate documents provided to the City authorize only one person to sign this Agreement on behalf of the corporation.
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-4
Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
CAPITAL IMPROVEMENT PROJECT NO. [YEAR]-[XX]
[PROJECT NAME]
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Huntington Park (“Public Agency”), State of California, has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-5
Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal” “Surety”
By: By:
Its: Its:
By: By:
Its: Its:
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-6
Bond No.
PERFORMANCE BOND
CAPITAL IMPROVEMENT PROJECT NO. [YEAR]-[XX]
[PROJECT NAME]
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Huntington Park (“Public Agency”), has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($
), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-7
and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal” “Surety”
By: By:
Its: Its:
By: By:
Its: Its:
(SEAL) (SEAL)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-8
WORKERS’ COMPENSATION
CERTIFICATE OF INSURANCE
CAPITAL IMPROVEMENT PROJECT NO. [YEAR]-[XX]
[PROJECT NAME]
WHEREAS, the City of Huntington Park (“City”) has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:
1. This certificate is issued to:
City of Huntington Park
City Hall
6550 Miles Ave.
Huntington Park, California 90255
The insureds under such policy or policies are:
2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
By:
Its Authorized Representative
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-9
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Huntington Park (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or nonrenewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-10
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
ATTN: Public Works Department
City of Huntington Park City Hall
6550 Miles Ave.
Huntington Park, California 90255
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-11
14. This endorsement is effective on at 12:01 a.m. and
forms a part of Policy Number .
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile
Telephone No.: ( ) signature or initialed signature accepted) CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-12
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of insurance company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Huntington Park (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or nonrenewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-13
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Huntington Park
City Hall
6550 Miles Ave
Huntington Park, CA 90255
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and
forms a part of Policy Number .
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-14
and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile
Telephone No.: ( ) signature or initialed signature accepted) CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-15
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of insurance company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Huntington Park (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or nonrenewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-16
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Huntington Park
City Hall
6550 Miles Ave
Huntington Park, CA 90255
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NUMBER AMOUNT
12. The following inclusions, exclusions, extensions, or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-17
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and
forms a part of Policy Number .
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile
Telephone No.: ( ) signature or initialed signature accepted) CIP No. [YEAR]-[XX]
CONTRACTOR NAME
C-18
CITY OF HUNTINGTON PARK
Emergency Contact Information
Project:
Contractor:
Address:
Office Phone:
Cell Phone:
Superintendent:
Address:
Office Phone:
Cell Phone:
Foreman:
Address:
Office Phone:
Cell Phone:
City of Huntington Park
Police Department – (562) 863-8711
Fire Department – (562) 902-2968
Public Safety – (562) 902-2960
For Office Use Only
Estimated Start Date
Estimated End Date
C-19
CHECKLIST FOR EXECUTION OF CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
Two (2) original executed and notarized of the Contract Payment Bond in amount of the Contract
Performance Bond in amount of the Contract
Emergency Contact
Copy of City business license
General liability insurance certificate in the minimum amount of two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) in general aggregate, naming the City as an additional insured.
Automobile insurance certificate in the minimum amount of one million dollars ($1,000,000), naming the City as an additional insured Workers’ Compensation Certificate of Insurance
Additional insured endorsement – comprehensive general liability Additional insured endorsement – automobile liability
Additional insured endorsement – excess or umbrella liability Primary and non-contributing endorsement – comprehensive general liability
Waiver of subrogation endorsement – workers’ compensation liability ITEM 5
CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report
December 9, 2025
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 THE SECOND AMENDMENT TO THE
NORTH STAR LAND CARE PROFESSIONAL SERVICES AGREEMENT FOR TREE
MAINTENANCE SERVICES
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Approve the Second Amendment to the North Star Land Care Professional Services Agreement (“PSA”); and
2. Authorize the City Manager to execute the Second Amendment to the North Star Land Care Professional Services Agreement.
BACKGROUND
The City of Huntington Park first entered into a Professional Services Agreement (“PSA”) with North Star Land Care on October 6, 2020. The original term of the PSA was for three years with an optional two, one-year extensions which the City exercised.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTIONS
The purpose of this Second Amendment to the PSA is to allow for the continued performance of essential tree maintenance services while the City completes the competitive procurement process for a long-term service agreement. The City issued a Request for Proposals (RFP) for tree trimming services on November 20, 2025, with a 45-day posting period. Staff anticipates presenting a new agreement for City Council consideration at the second Council meeting in March 2026. This timeline allows adequate time for staff to review submitted proposals, conduct interviews as needed, and prepare a recommendation for award. Given the critical nature of tree maintenance and the potential liability issues associated with unmaintained City-owned trees, uninterrupted service is essential. To ensure continuity, Northstar provided the City with a month-to-
SECOND AMENDMENT TO THE NORTH STAR LAND CARE PROFESSIONAL
SERVICES AGREEMENT
December 9, 2025
month agreement letter on November 5, 2025. The Second Amendment will extend tree trimming services with Northstar through June 30, 2026.
FISCAL IMPACT/FINANCING
No additional fiscal impact.
CONCLUSION
Upon City Council approval, staff will proceed with the recommended actions.
Respectfully submitted
RICARDO REYES
City Manager
GERARDO “GERRY” LOPEZ
Director of Public Works
ATTACHMENTS:
A. Second Amendment to the North Star Land Care Professional Services Agreement B. First Amendment to the North Star Land Care Professional Services Agreement C. Original agreement with North Star Land Care
D. Month-to-month agreement letter with North Star Land Care
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
North Star Land Care
(Tree Maintenance Services)
THIS SECOND AMENDMENT (“Second Amendment”) is made and entered into as of November __, 2025, by and between the CITY OF HUNTINGTON PARK, a municipal corporation (“City”), and North Star Land Care (“Contractor”). City and Contractor may be referred to collectively as the “Parties” and individually as a “Party.”
RECITALS
This Agreement is made and entered into with respect to the following facts:
WHEREAS the City and Contractor entered into that certain Professional Services Agreement dated October 6, 2020, for Tree Maintenance Services (the “Agreement”); and WHEREAS, the City and Contractor amended the Agreement on October 3, 2023 with the First Amendment; and
WHEREAS, the City is currently in the process of requesting proposals for future tree maintenance services; and
WHEREAS, the City has a need for tree maintenance services during the period of the request for proposals (“RFP”);
WHEREAS, the Parties desire to amend the Agreement to extend the term of services to be provided by the Contractor.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual promises contained herein, the Parties agree as follows:
1. Except as otherwise set forth in this Second Amendment, the terms of the First Amendment and Professional Services Agreement (Exhibit “A”) shall control. This Second Amendment, First Amendment, and Professional Services Agreement shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in all documents.
2. The term of the Agreement shall be extended to June 30, 2026.
ATTACHMENT "A"
3. The City may terminate the entire Agreement upon thirty (30) days’ notice to Contractor, with or without cause. The Contractor shall be compensated for all work performed up to the effective date of termination.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF HUNTINGTON PARK: NORTH STAR LAND CARE
By: By:
Ricardo Reyes
City Manager
Name:
Title:
ATTEST:
By:
Eduardo Sarmiento
City Clerk
APPROVED AS TO FORM:
By:
Andrew Sarega
City Attorney
ATTACHMENT "B"
PROFESSIONAL SERVICES AGREEMENT
Citywide Tree Maintenance Services
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 6th day of October 2020 (hereinafter, the “Effective Date”), by and between the CITY OF HUNTINGTON PARK, a municipal corporation (“CITY”) and North Star Land Care (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, 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 October 6, 2020 to October 5, 2023, with an option to extend for two (2) additional one-year terms (October 6, 2025). It is the CONTRACTOR’S responsibility to request an extension at least (30) 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 annual budgeted aggregate sum of $319,275 (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 ATTACHMENT "C"
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.
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 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 SUBCONTRACTOR) 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 SUBCONTRACTOR. 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 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.
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 SUBCONTRACTOR 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 (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 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;
iii. 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:
North Star Land Care City of Huntington Park
10831 Downey Avenue Public Works Department
Downey, CA 90241 6550 Miles Avenue
Attn: Tony Martinez Huntington Park, CA 90255
Phone: (562) 674-3076 Attn: Ricardo Reyes, City Manager 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: NORTH STAR LAND CARE:
Date: 11/12/2020 Date: -----L-!. \ \ _, --=-- l ~ - · Zo.:;;__,,,,;;;_, 20 _ _ APPROVED AS TO FORM:
By: City Attorney
Date: --- ----- --- November 16, 2020
EXHIBIT “A”
SCOPE OF WORK
NORTH STAR LAND CARE
August 31, 2020
City of Huntington Park Proposal for:
Tree Maintenance Services
NORTHSTARLANDCARE.COM (562)674-3076
LIC# 1034669 DIR# 1000046611
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1 COVER LETTER
Public Works Director: Cesar Roldan
City of Huntington Park
6550 Miles Ave.
Huntington Park, CA 90255
RE: Tree Maintenance Service
DUE: Monday, August 31, 2020 at 2pm
North Star Landscape (“North Star”) is pleased to submit our proposal for the City of Huntington Park’s Tree Maintenance Service Request for Proposal. Our company has a good standing license with the State of California Contractor license Boar under license CA#1034669 with classifications: C27, D49 & C61. North Star is a qualified and registered company with the Department of Industrial Relations #1000046611. As the current vendor for the City of Huntington Park, our proposal will highlight our experience, professionalism, and knowhow of what this RFP is looking for in a Tree maintenance company. North Star has the breadth and depth of resources, skills, manpower, equipment, and expertise needed to provide Municipal Tree maintenance services to the City of Huntington Park. During these unprecedented times, North Star has not missed a beat in assisting our Municipal clients by augmenting City staff so the delivery of quality tree maintenance services would continue without interruption.
We are keenly aware of the City’s expanded scope of services for this specific Tree Maintenance project.
North Star is ready to team up with the City of Huntington Park once again to deliver high-quality customer service, reliability, responsiveness, and cost-effective Tree maintenance services. Our commitment is to provide a high level of service to the City and an ability to quickly and efficiently meet the needs of the community which makes us an ideal partner for the City of Huntington Park.
We strive to build long-term partnerships with agencies that expect and require quality, accuracy, efficiency, and integrity. We do this by offering our clients years of expertise with professional tree workers, diligent staff who provide quality tree services by using industry approved equipment, effective employee training, strong field leadership, and competitive pricing to keep our clients within their allocated budgets. North Star believes in the representation of our employees. Eligible personnel are members of Laborers’ International Union of North America (LiUNA Local 1309).
Assigned contacts for this important project are as follow:
Area Manager, Tony Martinez (310) 704-9885 [email protected] Field Manager, Alex Rojas (951) 275-4254 [email protected] Office Manager, Jessica Alvarez, (562) 674-3076 [email protected] Business Development, Salvador Covarrubias, (562) 674-3076 [email protected] North Star Landcare thanks you for the opportunity to submit our proposal. As the President of North Star, I certify that this proposal being submitted is valid for 60 days. Please feel free to contact me directly if you have any questions or need further information or clarification at (310) 704-9885 or [email protected].
Sincerely,
Jose A. Martinez
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2 TABLE OF CONTENTS
1. Section 1: Scope of Work…………….………………….…………………………………………..3
2. Section 2: Schedule…………………………………………………………………………………….8
3. Section 3: Project Team, Key Personnel and Resumes.……………………….……….…9
4. Section 4: Company Qualifications………………………………………………………………14
5. Section 5: References...…………………………………………………………………………..…15
6. Section 6: City’s Standard Contract Services Agreement……………………………..…18
7. Section 7: City’s Standard Insurance Requirements………………………………………19
8. Section 8: Other Information………………………………………………………………………20
9. Addendums…………………………………………………………………………………………..…21
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3 SECTION 1: SCOPE OF WORK
North Star would assign Tony Martinez, Area Manager to the Tree Maintenance Project.
Mr. Martinez has over 24 years’ experience in tree maintenance projects and is an I.S.A.
Certified Arborist (#WE-1278AU) and is also an I.S.A. Certified Tree Worker. He is also certified in Cardio-Pulmonary Resuscitation (CPR), Certified in First Aid and Aerial Rescue. Mr. Martinez is currently the CEO & Area Manager of North Star Land Care and has supervised the completion of many Municipal tree contracts in the County of Los Angeles, Orange County, San Bernardino County and Riverside County. Currently he is supervising North Star Land Care’s 7 Municipal contracts.
North Star Land Care has created and owns a proprietary web-based Tree Inventory Database called NS TREE CLOUD. Our Company is prepared to complete a full Tree Inventory for the City of Huntington Park in a 2 month period.
Below is the typical technical approach and define quality control plan. However, the technical approach can be modified to meet the needs of the City.
PERFORMANCE OF WORK.
1. Daily – Weekly Supervision:
a. Report to City representative on an as needed basis; to be determined by City Staff. b. Supervise tree services crew to maintain proper trim patterns. c. Supervise traffic control.
d. Report any damages or injuries within one hour of occurrence. e. Respond to any residents’/personnel complaints or questions concerning project. f. Final inspection of tree work to insure proper clean-up on daily basis. g. Maintain daily records of hours worked by each employee and work completed. h. Authorized staff shall meet with the City representative each Friday between 8:30 and 9:00 am, or anytime specified by the City Grounds Supervisor for the purpose of reviewing the week’s work, receiving special instructions, and to discuss any problems encountered on the job. Also, North Star shall on each Friday, or as specified by the City, submit to the City (Engineer a weekly copy of daily work reports throughout the term of the contract. In addition, the contractor shall advise the Grounds Supervisor of the following Week’s schedule. Daily work records shall be formatted for easy translation in the AGENCY” S Excel program or as directed by city staff.
i. Staff will notify the City of any changes in start date of each tree maintenance operations at least 48 hours in advance. Should North Star discontinue work for any reason, the City must be notified immediately as to the rationale behind the shutdown and the restarting date of operations.
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4 2. Work Schedule:
a. Staff will start the tree trimming project within ten (10) working days of award of contract or as to be determined by the City. Prior to commencing work, submit and gain approval of a weekly work schedule indicating the order, location, and completion of work based on the information provided by the City representative or Grounds Supervisor.
b. Staff will notify the City of the work schedule on a daily and weekly basis. The schedule will be submitted for approval in writing at least 48 hours prior to the commencement of any tree work in the City or as directed by the City representative and Grounds Supervisor.
c. Staff must notify residents 72 hours in advance prior to restricting street parking or access to work area and will post “No-Parking” signs with the date of work to be performed including notification of tree trimming on each sign 72 hours in advance of operations.
d. Only one job site shall be worked at a time unless specifically approved in advance by the City Inspector or his authorized representative. e. As soon as notified by the City of award of contract North Star representatives will meet with City Representative to develop a preliminary work schedule for accomplishing the work. Tree trimming schedule will be modified, as necessary, during the course of the contract, based on City trimming needs.
3. Tree Work Performed:
a. Will be according to the International Society of Arboriculture or National Arborist Association and to the City specifications (see detailed specifications of Request for Proposal).
b. Staff will maintain a written log of all complaints including the date, time of occurrence, location, problem, and action to be taken pursuant thereto or reasoning for non-action. Log is to be reviewed by the City representative at the end of each day or as directed by the City. Pictures are to be taken at time of incident. c. Hazardous Tree Notifications: Staff will report to the City Arborist/ Grounds Supervisor of any tree defects or hazardous trees within an hour of notice. d. Any activities found by the City to be unacceptable will be rectified immediately. All other complaints shall be abated within 24 hours of occurrence by North Star. e. North Star will be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. The City authorized representative will serve as mediator between the contractor and resident if property or vehicular damage should occur during the course of work.
Sign stands, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety.
f. Staff will exercise precaution as necessary when working adjacent to aerial utilities.
In the event that aerial utility wires present a hazard to personnel or others near work site, work is to immediately cease and the appropriate utility company notified by North Star.
g. Sprinkler repair will be made immediately. All North Star Supervisors’ trucks are equipped to handle most sprinkler repairs as they occur.
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5 h. No hooks, gaffs, spurs, or climbers will be used by anyone employed by North Star for tree trimming. Plants or other material growing on the trees shall be removed at ground level at time of trimming.
4. Wildlife Protection Plan:
a. North Star understand the importance of the wildlife protection plan. We currently instruct all of our employees that if they come across any birds, nests, feathers, eggs, etc... they are to stop any tree work immediately and NOT touch or remove it themselves. They have also been instructed to notify their supervisor immediately so that he/she can notify the City officials and make the proper determinations. b. North Star currently has employees certified with the Wildlife Training Institute...after careful research we felt the need to be completely certified as a wildlife protector, in order to address these issues properly and safely. c. Our Company has partnered up with a Biologist that from time to time inspects specific trees for wildlife nests.
5. Hours of work in City:
a. North Star will observe all holidays recognized by the City and the City shall provide inspection for a 40-hour work shift (7:00 am to 4:00 pm or as directed by the City) b. Before performing any work at said times, staff shall give written notice to the City so that proper inspection may be provided and so that appropriate noise and lighting standards may be imposed.
c. No maintenance functions that generate excess noise which would cause annoyance to residents of the area shall be commenced before 7:00 am.
6. Emergency – On Call Work
a. North Star will provide the City with 24-hour emergency phone numbers and names of at least two (2) assigned individuals to be contacted in case of an emergency or call out.
b. Staff will respond and begin emergency work/call out within 1 hour and will communicate with assigned City staff of the completion of assigned work via, telephone call, text or email.
c. City staff will be immediately notified if any changes in assigned North Star personnel, telephone numbers.
7. Clean-Up & BMP
a. North Star shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. b. Each day’s scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight unless authorized by the Director, her/his designee, and residents adjacent to equipment are all notified.
c. City authorized representative shall be the sole judge as to the adequacy of the clean-up.
d. Staff shall fully adhere to the City's BMP practices. e. Temporary Sediment Control shall be utilized to prevent any green-waste material from entering the storm drains.
f. Vehicle washing, mechanic or other non-storm or other activities shall be contained within the project site using the right BMPs.
g. Staff will adhere to Federal, State and local requirements for BMPs.
8. Compliance with Laws and Regulations:
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6 a. North Star shall keep employees fully informed of and shall observe and comply with, and shall cause any and all persons employed to observe and comply with, all State, Federal, County and City, laws, ordinances, regulations, orders, and decrees which in any manner affect the conduct of the work.
9. Drug Free Workplace:
a. North Star published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibitions.
b. North Star has established a Drug Free Awareness Program to inform employees about the dangers of drug abuse in the workplace.
c. North Star’s existing policy of maintaining a drug free workplace and the penalties that will be imposed upon employees for drug abuse violations occurring in the workplace. Taking appropriate personnel action against such employee, up to and including termination.
10.Brochure/letter:
a. North Star will provide the City a sample brochure “Public Notice of the Tree Trimming Program” for approval before starting any tree work in the City. Once sample brochure has been approved, final draft will be printed and distributed 24 to 48 hours prior to commencing any tree trimming work. A sample copy has been included in this proposal.
11.Photographs:
a. North Star will supply the City representative photographs of “Before and After” trimming that is suitable for reproduction if required. b. North Star will supply the City representative photographs of any damages that occur to public and or private property or persons.
12.Disposal of Materials:
a. All tree branches produced as a result of North Star’s operations will be reduced reused, recycled, and/or transformed.
b. Weight slips or load slips for material removed from the City will be submitted to the City once a month as proof of final disposal to a recycling facility for documenting reusage per AB 939.
c. All tree branches chipped and/or mulched shall be made available free of charge to the City.
d. Staff operates a fully licensed and permitted Green Waste Transfer & Recycling facility in the County of Riverside and County of Los Angeles.
13.Public Safety/ Traffic Control:
a. North Star shall furnish, erect and maintain such lights, barricades, bridges and other devices as required by the City, State, Federal and County “Public Safety” of the Standard Specifications. Should the City point out the inadequacy of warning devices or should the City approve the location of warning devices, such action shall not relieve North Star of responsibility for public safety, nor abrogate its obligation to furnish and pay for these devices.
b. All construction signs to be used on the job site and on the approaches to the job site shall conform to those standards set forth by the State of California, Business and Transportation Agency, Department of Transportation, Manual of Traffic Controls, latest edition and WATCH (Work Area Traffic Control Handbook).
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7 c. Barricades shall be effectively reflectorized by having not less than one-half of the top board of the barricade covered with reflectorized sheeting surface or two 3-inch diameter reflector units. All other types of delineators shall have reflectorized sheeting, other reflective surfacing, or 3-inch unit reflectors. d. All warning flashers shall be kept in good working order and each flasher shall have some type of reflective surface.
e. No material or equipment shall be stored where it will interfere with the safe passage of public traffic, and at the end of each day’s work and at other times when tree trimming operations are suspended for any reason, North Star shall remove all equipment and other obstructions from that portion of the roadway open for use by the public traffic.
f. Spillage resulting from hauling operations along or across any public traveled way shall be removed promptly.
g. Whenever North Star’s operations require one-way traffic or create a condition hazardous to the public traffic, staff shall provide and station competent flagmen whose sole duties shall consist of directing the movement traffic through or around the work. Staff shall also furnish such flaggers as are necessary to give adequate warning to traffic or public of any dangerous conditions as included in the various bid items.
h. Under no circumstances will any City street be closed to thru traffic unless authorized by City official.
14.Customer Service:
a. In the forefront of providing great customer we have Salvador Covarrubias, who holds a Bachelor’s Degree in Consumer Affairs who bring all customer needs to light as he instills the core values of being felt valued and appreciated to all our customers from the public to city staff. North Star believes strong customer service is a foundational pillar to a successful relationship. North Star has highly trained customer service representatives in speaking with the staff on any concerns they might have. All our customer service representatives are very patient and courteous. They have been trained to use the best possible approach to address any concerns or issues that might arise from the staff, administration, City council or the public. At North Star we have customer representatives on the line daily who will answer and respond to any phone or email demands that may arise. At North Star we understand the importance of listening to a resident’s complaint while NOT interrupting them while they are always speaking, we are respectful and calm. This will help resolve the issues on hand immediately and efficiently. b. Our protocol is to have complaints resolved within 24 to 48 hours of the incident.
Our representatives are trained to specifically handle and resolve damage to any property, both private and public. North Star has the capability to immediately address and dispatch our incidents representative to the incident site to take the proper measurements and take action right away. All repairs should be acceptable to the City, and the private property/resident.
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8 SECTION 2: SCHEDULE
North Star proposes the following schedule to cover the defined scope of work in section two of the Request for Proposal. North Star has a 24hr Emergency crew ready to deploy incase of any emergency.
Sunday Monday Tuesday Wednesday Thursday Friday Saturday Hours
6:30
A.M.
Tailgate
meeting
Tailgate
meeting
Tailgate
Meeting
Tailgate
Meeting
Tailgate
Meeting
7:00
A.M. Scheduled Scheduled Scheduled Scheduled Scheduled
8:00
A.M Available Grid Grid Service Grid Removals Available 9:00
A.M all day Work Work Requests Work Requests all day
10:00
A.M for between between between between between for
11:00
A.M After 7:00 A.M 7:00 A.M 7:00 A.M 7:00 A.M 7:00 A.M After 12:00
P.M Hour to to to to to Hour
1:00
P.M Emergencies 4:00 P.M 4:00 P.M 4:00 P.M 4:00 P.M 4:P.M Emergencies 2:00
P.M
3:00
P.M
4:00
P.M
5:00
P.M
6:00
P.M
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9 SECTION 3: PROJECT TEAM, KEY PERSONNEL AND RESUMES
North Star’s Project Team and Key Personnel is as follows
North Star employs over 22 full-time professionals. Our experienced professionals are led by an accomplished management team. We believe in the representation of our employees. Eligible personnel are members of Laborers’ International Union of North America (LiUNA Local 1309).
Below are brief backgrounds on North Star's management team and key team City of Huntington Park
Tony Martinez
President
Jessica Alvarez
Accounting/Human
Resources Manager
Alex Rojas
Field Manager
5 MC 3 MC Information
Technology (IT)
Angel Sotelo
Government Relations
Salvador Covarrubias
Business Development
Juan Rene Contreras
Safety Coordinator
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North Star’s Executive Team
Tony Martinez, President, Certified Utility Arborist (WE-1278AU) Mr. Martinez has over 25 years of experience in the tree care and landscaping industry.
Mr. Martinez has managed over 45 Municipal contracts throughout Southern California and has inventoried over 12 Municipal Urban forests. He started his career as a ground-man while attending college. In previous roles, he was responsible for field operations, scheduling and the management of all crews. He was also actively involved with the implementation of a proprietary web-based database that supports the tree inventory. Mr. Martinez is a Certified Arborist and Utility Specialist under the International Society of Arboriculture (WE-1278AU) since 1993 which made him the youngest Certified Arborist that year. Mr. Martinez is also Certified as a Wildlife Protector (#582) with the Wildlife Training Institute. Mr. Martinez holds a B.A. in Political Science from Cal Poly San Luis Obispo and has completed over two years of Landscape Architecture and Ornamental Horticulture.
Angel J. Sotelo, Government Relations, Certified Arborist (WE-9850A) Angel has over 12 years’ experience in the tree care industry and is a Certified Arborist.
Mr. Sotelo oversees North Star’s existing contracts and is involved in the procurement of new contracts. Mr. Sotelo has successfully secured over 70 government contracts since 2007. He is instrumental in developing and maintaining public agency relationship thru community involvement and great customer service. Mr. Sotelo is known for his involvement in the communities in which we conduct business in. He was the President for the City of South Gate Chamber of Commerce from 2014-2016. He serves as the key person between the client agencies & North Star in order to best serve the community.
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Jessica Alvarez, Accounting/Human Resources Manager
Jessica manages North Star Land Care corporate office daily operations in Accounting and Human Resources. Jessica also ensures North Star Land Care meets Cal OSHA, Federal and State Labor Law requirements and compliance. Jessica possesses 5 plus years’ experience in Accounting and Human Resources and is a certified Human Resources Professional through CSUSB and CPR/First Aid/BLS certified.
Salvador Covarrubias- Business Development
Salvador has over 5 years of experience in Customer Service and Sales environments.
He holds a bachelor’s degree in Consumer Affairs from CAL State Long Beach. Salvador focuses on searching desirable business opportunities while conducting research on the market. Salvador is also in charge of collection and organizing information within the company database and assists in new bid requirements and effective procedures for North Star Land Care to run more efficiently.
Alex Rojas- Field Manager, Certified Arborist (WE-9493A) Alex has over 12 years of experience in the tree maintenance Industry and in Landscape Architecture. Alex holds a bachelor’s degree in Graphic Design. Alex has managed over 30 tree maintenance contracts throughout Southern California. He is an expert in data collection for Municipal tree inventories.
Juan Rene Contreras- Safety Coordinator, CAL OSHA Certified Juan has over 3 years of experience in the tree maintenance Industry. Juan is responsible for implementing and overseeing the safety of company employees. Juan presents weekly educational discussions on safety on a weekly basis. Juan strives to always ensure a safe working environment and prevent any injuries and accidents.
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SECTION 4: COMPANY QUALIFICATIONS
North Star has assembled a highly skilled and knowledgeable staff with extensive tree maintenance experience. North Star’s CEO has been in the Municipal maintenance space since 1994 and in 1993 was one of the youngest Certified Arborist in the World. The VP of Contract Management has managed Municipal contracts since 2007.
Together they helped managed the Largest Los Angeles County Tree Company that Procured over 45 maintenance contracts.
• North Star Land Care is a California Corporation, in business since 2017 • California Contractors License 1034669, Expiration Date 1/31/2022 • Classifications C27, D49 & C61
• Federal Tax ID # 82-4619683, current with all taxes and filings with both State and Federal Government
• 7 Municipal contracts
• $1,000,000 credit line
• Bonded
• 100% Latino Owned Firm
• Over 22 full time employees
• ISA Certified Arborist on Staff
• ISA Certified Tree Workers on Staff
• ISA Certified Utility Line Clearance Specialist
• Zero Drug Tolerance Workplace
• Many distinguished Business Awards
• Fully Insured
• Over 30 Modern Vehicles in Fleet
• North Star Land Care has never in its history been disqualified or have entered any type of litigations with any government agency
• North Star Land Care has the experience to perform work assigned by the city of Huntington Park in a timely manner and within allocated budget City of Huntington Park - Tree Maintenance Services August 31, 2020 CovNorth Star Land Care
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SECTION 5: REFERENCES
North Star Land Care provides the following 3 references Reference #1
Name: Cynthia Foreman
Organization: City of Lynwood
Type of Service Tree Maintenance
Contact Information (310) 800-5737
11330 Bullis Road. Lynwood, CA 90262
Date of Services 03/2018 to Present
Reference #2
Name: Abel Hernandez
Organization: City of Maywood
Type of Service Citywide Tree Maintenance
Contact Information 4319 Slauson Ave. Maywood, CA 90270 (323) 562-5700 Date of Services 06/2019 to Present
Reference #3
Name: Andrea Gullo
Organization: Los Angeles County Habitat Authority
Type of Service Weed abatement
Contact Information (562) 945-9003
7702 Washington Ave Suite C
Whittier, CA 90602
Date of Services 05/2018 to Present
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SECTION 6: CITY’S STANDARD CONTRACT SERVICES AGREEMENT
North Star does not take exception to the City’s proposed Standard Contract Service Agreement as provided in the Request for Proposal and will comply with all aspects of the Agreement.
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SECTION 7: CITY’S STANDARD INSURANCE REQUIREMENTS
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SECTION 8: OTHER INFORMATION
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ADDENDUMS
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ATTACHMENT "D"