16 disposal are trained in Best Management Practices, as set forth in the City’s NPDES permit and Stormwater Management Plan (i.e. National Pollutant Discharge Elimination Program, or NPDES).
Contractor shall immediately inform the City of any investigation, citation or legal action by any state or federal agency related to Contractor’s obligations under this contract, and shall defend, indemnify and hold the City, its officials and employees harmless from any loss including, but not limited to fines, penalties and corrective measures the City may sustain by reason of Contractor’s failure to comply with any state or federal law, regulation or rule, but not for the sole negligence of the City, its agents or employees.
In preparing the bid, the Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks:
1. The Contractor must conduct all operations in accordance with the City’s Stormwater Management Plan:
a. Appurtenances must be cleaned by a method(s) which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. b. All wash water must be disposed of to a sanitary sewer. c. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept or blown into the street or storm drains.
d. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body.
3.8 CHANGES IN SERVICE
The City may, at its discretion, authorize the Contractor to perform additional work. Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the prior written authorization of the City. Notwithstanding the above authorization, when a condition exists wherein there is imminent danger or injury to the public or damage to property, the City may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit the written estimate to the City for written approval.
Additional compensation may be authorized at the discretion of the City, for “Additional Work” as deemed necessary by the City.
17 a. For authorized work designated as “Additional Work,” payment shall be based on Contractor’s estimate for such work. City shall authorize such work based upon Contractor’s estimate and thereafter Contractor shall submit an invoice to City, in all respects satisfactory to the City, which shall be for the actual work completed. Said invoice shall not exceed more than ten percent (10%) of Contractor’s estimate for such work. In the event that the City does not authorize such work, City reserves the right to perform such work with City employees, or to contract with a third party for such work.
All additional work as provided for herein shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted.
City reserves the right to bid separately, outside the scope of this bid, for additional work and Specialty Functions. There is no guarantee that the City will request the Contractor to perform any additional work or Specialty Functions. Bidder must not rely on receiving a request from the City for additional work or Specialty Functions in preparing and submitting a bid.
Additional compensation may be authorized at the discretion of the City, subject to City budgetary conditions, for those “Specialty Functions,” or “Additional Work” deemed necessary by the City out of extraordinary incidents or circumstances or improvements as authorized herein.
3.9 WORK AND WORKMANSHIP
The Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations. The safety of workers, passersby, and the public shall be paramount.
The Contractor shall provide labor, materials and equipment necessary for janitorial services, except as otherwise specified hereinafter. Tasks shall be performed with nothing but the highest of standards at not less than the frequencies set forth in “Exhibit B.”
The Contractor shall designate or assign a representative(s) to act on behalf of the Contractor, if other than the Contractor him or herself, on all matters affecting work hereunder. Should this individual change; the City’s representative(s) must be notified in writing within five (5) days after the change.
The Contractor recognizes that City work forces and other parties under contract with the City may conduct other activities and operations. The Contractor may be required to modify or curtail certain tasks and operations and shall promptly comply with any request therefore by the City.
18 3.10 LOCKS / KEYS / SECURITY CODES
Access to City facilities shall be in accordance with instructions, keys, and/or security codes issued or provided by the City’s representative(s). Access may include special instructions about security systems installed at facilities. The Contractor shall take all reasonable precautions to ensure that security of the facilities and internal equipment, furnishings and other items are maintained at all times. Every effort must be made to make sure the building is secured prior to the Contractor’s employees leaving the building.
Facility keys and keycards will be checked-out each day of service at the Police Department, 7792 Walker Street, and checked-in at the completion of service that day.
California law stipulates that it is unlawful for a person to duplicate any keys without the permission of the owner. The penalty for violation of this law is either six (6) months imprisonment or a fine of $500.00, or both.
It will be the responsibility of the Contractor’s employees to disarm and arm the security alarm system. Failure to enter the security code and arming the security alarm system prior to leaving the building will result in a fee in the amount of $50.00 per occurrence, which will be deducted from the Contractor’s monthly payment.
3.11 VANDALISM
Contractor shall report any damage to City property, including but not limited to, vandalism, Acts of God, and third party negligence to City representative(s).
If the Contractor, its employees, or subcontractors cause damage to any City facility then the Contractor shall repair such damage at it own cost within a reasonable time or the City may repair or cause the repair of such damage and the cost thereof shall be deducted from monies due the Contractor from the City.
3.12 INQUIRES AND COMPLAINTS
The Contractor shall provide methods to enable the City to contact a representative of the Contractor, who is proficient in English, to take necessary action regarding all inquires and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within thirty (30) minutes after receipt of such complaint by the answering service.
During normal working hours, the Contractor’s representative who is responsible for providing maintenance services shall be available for notification through electronic communications, including but not limited to electronic mail.
All complaints shall be resolved as soon as possible after notification, but in all cases within twenty-four (24) hours, and to the satisfaction of the City representative(s). If any complaint is not resolved within this time, the City shall be notified immediately of the reason for not resolving the complaint, followed by a written report to the City within five
19 (5) days. If the complaints are not resolved within the time specified or to the satisfaction of the City, the City may correct the specific complaint and the total cost incurred by the City will be deducted from the payments owing to the Contractor from the City.
3.13 ACCIDENT REPORTING
The Contractor shall immediately notify the designated City representative(s) (Contract Monitor) of any accident, regardless of whether or not injury or damage is evident, involving the Contractor’s staff, vehicles, and/or equipment. The Contractor shall provide all written reports and/or documentation requested by the City.
3.14 CONTRACTOR’S EQUIPMENT
The Contractor shall provide and properly maintain all necessary equipment including, but not limited to: floor scrubber, vacuum cleaner(s), appropriate mop buckets and wringers, brooms, high speed floor buffer, dust mops, dust pans, wet mops, floor squeegee, and sponges.
3.15 CONSUMABLE MATERIALS AND SUPPLIES – CITY SUPPLIED
The City will supply, at no cost to the Contractor, the following items:
a. All trash receptacles
b. Trash receptacle liners.
c. Paper towels, toilet paper, toilet seat covers, hand soap, sanitary napkins, and all related dispenser for restrooms.
d. Cleaning agents, chemicals, spotting agents and polishes.
The Contractor shall ensure proper distribution and monitoring of these materials and supplies so as to prevent waste, theft, or other abuse. Problems with dispensers shall be reported to the City’s representatives.
The City Representative(s) shall identify and authorize Contractor to use a designated area(s) for storage as needed. The designated storage areas shall be maintained in a neat, orderly and clean manner.
3.16 CONTRACTOR’S STAFF
The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein.
Each crew of the Contractor’s employees shall include at least one individual who proficiently speaks and comprehends the English Language.
The City shall have the right to conduct background investigations, and to disapprove any employee on the Contractor’s work force. In this regard, the Contractor shall provide the City the names, driver’s licenses, and social security numbers of all personnel who will perform maintenance work under this agreement. The City will
20 perform a criminal history check on any employee and may request additional employee information.
The City may, at any time, give the Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City. The Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and the Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of the Contractor’s employee(s) will not be detrimental to the interest of the City. At no time will Contractor’s employees allow non-employees into City facilities during cleaning operations.
The Contractor’s employees shall not disturb documents on desks, open drawers or cabinets, use televisions, computers, typewriters, telephones, or radios. In addition, the consumption of alcoholic beverages or illegal drugs, gambling while on duty, or loitering in or on the facility after normal working hours are strictly forbidden, and any violation of the above items shall be grounds for terminating the contract by the City.
3.17 MANAGEMENT AND SUPERVISION
The Contractor has the responsibility of providing fully trained and qualified personnel.
City representative(s) shall closely monitor the staff’s performance, at each site, to detect operational irregularities and non-compliance with contractual requirements.
It is the Contractor’s executive, management, and supervisory staff’s responsibility to oversee the activities of its operational staff, throughout the range of its activities, and to see the staff does not delay, ignore, or otherwise limit its Contractual obligations.
The Contractor’s crew leader and operational staff, as well as their supervisory and management staff, shall be fully versed in the Contract and its time lines. An outline of the task requirements, schedule, and timelines for each facility shall be kept with each crew. If any task cannot be thoroughly completed within the scheduled timeline, the City shall be notified immediately.
The Contractor shall also ensure that:
1. Operator and machine safety equipment shall be in place and operational.
2. Machine speed and operational characteristics shall match manufacturer’s recommendations.
3. The Contractor shall remedy hazardous materials on site that result from Contractor’s work and shall properly dispose of the materials off site. The Contractor shall notify appropriate agencies regarding all hazardous materials.
4. Chemicals, cleansers, or equipment shall not be left exposed or accessible to, City employees or the public.
21 3.18 CERTIFICATIONS / REPORTS
The Contractor shall maintain and keep current a report that records when all Periodic, Seasonal, and Additional Work was completed at each facility. Required Facility Inspection Reports shall be completed and submitted as required. Said reports shall be in a form and content acceptable to the City and must be submitted to the City as scheduled. The City will not make the monthly payment until it has received and approved such reports.
3.19 SCHEDULED JANITORIAL SERVICES / FREQUENCY (See Exhibit “B”)
1. CLEAN FLOORS (Resilient Tile/Linoleum) – The Contractor shall begin cleaning operation by sweeping floor with a treated dust-mop to remove all dirt, dust, trash, particles, and other debris. The Contractor shall utilize a mildly abrasive pad (or equivalent) to remove all scuffmarks, scars, streaks, spills, stains, gum, tar, and other foreign substances. The Contractor shall then wet mop the floor. When wet mopping, the Contractor shall ensure that the floors, walls, baseboards, corners, thresholds, and adjacent surfaces are free of dirt, dust, marks, scars, streaks, spills, stains, gum, tar, and other foreign substances, including those resulting from the cleaning equipment and splashing of cleaning solution. The Contractor shall ensure that all cleaning solutions have been mixed according to manufacturer’s directions and are appropriate for the floor surface.
2. CLEAN CARPETS AND FLOOR MATS – The Contractor shall begin cleaning operation by removing all paper, gum, rubber bands, staples, paper clips and other debris from the carpet. The Contractor shall then use a carpet vacuum to remove surface soil and embedded grit from all areas accessible to the carpet vacuum. Chairs and trash receptacles shall be moved to vacuum underneath and then replaced to their original positions. The beater bars of the vacuum shall be adjusted to correspond to the pile height of the carpet. A tank vacuum with a crevice tool and brush attachment shall be used to clean all areas that are inaccessible to the carpet vacuum. The Contractor shall also spot clean the carpet to remove all spots, stains, gum, tar, and other substances. When spot cleaning carpet, the Contractor shall use a spray foam product and a soft bristle brush to agitate the area; any dampness shall be removed by blotting area with a clean soft cloth. The City’s Representative(s) shall be notified if spot-cleaning effort is not effective.
3. CLEAN WALLS, WALL CABINETS, AND PARTITIONS – The Contractor shall spot clean walls, including light switches, wall cabinets and partitions to remove all dirt, cobwebs, mold, graffiti, grease, marks, stains, smears, and other foreign substances. The Contractor shall ensure that the walls, wall cabinets, and partitions are uniformly clean, that there are no smudge spots on the wall overlaps, and that water/cleaning fluids are not spilled onto floors or adjacent areas.
4. CLEAN GLASS DOORS, PARTITIONS, AND PANELS – The Contractor shall spot clean glass doors, glass partitions, and glass panels. The glass
22 surfaces shall be completely cleaned and dried, and shall present a uniform appearance free of all dirt, grime, smudges, stains, streaks and foreign substances.
5. CLEAN DOORS AND DOOR FRAMES – The Contractor shall spot clean doors, including door glass and handles, and door frames to remove all dirt, cobwebs, mold, graffiti, grease, marks, stains, smears, mold, and other foreign substances. The Contractor shall ensure that water/cleaning fluids are not spilled onto floors or adjacent areas.
6. CLEAN CEILING VENTS AND LIGHT FIXTURES – The Contractor shall dust and spot clean the ceiling vents and light fixtures to remove all dirt, particles, and cobwebs.
7. CLEAN FURNISHINGS – The Contractor shall spot clean all furnishings (i.e., furniture) such as desks, chairs, cabinets, display cabinets, counters, tables, and other furnishings, including legs and bases as is appropriate to type.
Furnishings shall be free of dust, particles, lint, litter, stains, smudges, fingerprints, gum, tar, grease, marks, streaks, and foreign substances. Items on top of the furnishings shall not be disturbed in the cleaning procedure. Wood:
The Contractor shall use a soft, clean cloth and an approved polish to clean surfaces. Wood furnishings shall not have an oily film when the surface is rubbed lightly with fingertips. Hard surfaces (other than wood): The Contractor shall use a sponge, clean cloth, and of neutral detergent or glass cleaner to clean washable surfaces. Glass cleaner shall be used on all glass surfaces.
After cleaning, these surfaces shall have a clean, uniform appearance, free from streaks, spots and other evidence of removable soil. Vinyl: The Contractor shall wipe surfaces down with a cloth or sponges with an appropriate cleanser, re-wipe with clean damp cloth, and dry with a clean cloth. Cloth (including furniture and drapes): The Contractor shall use a lightly treated dust cloth, tank vacuum with dusting attachment, or a combination thereof to clean surfaces.
When spot cleaning furnishings, the Contractor shall use an appropriate foam product and a sponge to agitate the area, any dampness shall be removed by blotting area with a clean, soft cloth. The Contractor shall notify the City’s Representative(s) if spot-cleaning effort is not effective.
8. DUST FILE CABINETS, LEDGES, SHELVES, AND OTHER HIGH
SURFACES – The Contractor shall dust ledges, shelves, and other high surfaces. These items shall be free of dust, dirt, cobwebs, and other foreign substances.
9. EMPTY AND CLEAN TRASH RECEPTACLES / ASHTRAYS – The
Contractor shall empty all trash receptacles and ashtrays. Liners shall be replaced when soiled or torn; existing liners that are clean shall be reused. The interiors and exteriors of trash receptacles will be free of trash, liquids, gum, grease, and other foreign substances. Those trash receptacles that are found to contain liquids or other substances that could be the cause of odors shall be washed out and dried before new liners are installed. The Contractor
23 shall place the removed trash into the dumpster/container located in the exterior trash enclosure. No trash should be left on the ground around the enclosure, or on top of the enclosure. The trash enclosure shall remain closed at all times.
10. CLEAN ENTRY DOORS, WINDOWS, AND WINDOW SILLS – The
Contractor shall dust and spot clean all window frames below six (6) feet so that they are free of dust, dirt, grime, streaks, graffiti, and other foreign substances. The Contractor shall also spot clean windows/doors to remove all smudges, fingerprints, marks, streaks, graffiti, or foreign substances discovered on windows or doors.
11. CLEAN DISPLAY CASE GLASS AND MIRRORS – The Contractor shall spot clean display case windows and glass to remove all smudges, fingerprints, marks, streaks, graffiti, or foreign substances discovered on windows or mirrors.
12. CLEAN KITCHEN – The Contractor shall clean/wash, using an approved germicidal disinfectant, and polish sinks, dispensers, cabinet, tables, chairs, countertops, and exterior surfaces of stove(s) and refrigerator(s) to remove all dust, dirt, grease, fingerprints, stains, streaks, and food particles. The Contractor shall restock/refill all soap and paper dispensers to proper fill levels.
13. CLEAN DRINKING FOUNTAINS – The Contractor shall use an approved germicidal disinfectant, a clean sponge, small brush or mildly abrasive pad to remove all hard water deposits, obvious soil, streaks, smudges, and foreign substances from the drinking fountain.
14. CLEAN RESTROOMS –
a. Clean and Disinfect Sinks, Toilets, Urinals, Exposed Plumbing: The Contractor shall use a germicidal detergent, a clean sponge, abrasive pad, toilet bowl mop, clean cloth and cleanser to completely clean and disinfect all exposed surfaces of sinks, toilets, and urinals. The cleaning shall include the drying and polishing of all exposed hardware. The interior of toilets, toilet seats, and urinals shall be scoured using a bowl mop. After the interior has been scoured (excluding waterless fixtures), the fixture shall be flushed and the water level followed down with a circular motion of the bowl mop to remove stains and chemical rings. After cleaning, the fixtures shall present a clean, bright, shiny appearance. Fixtures shall be free of all visible soils, scales, blood, feces, rust stains, scum, streaks, mineral deposits, and other foreign substances. All metal hardware such as flush valves, faucet valves, and faucets shall be wiped dry and free of streaks, spots, stains, etc.
Inoperable or broken fixtures shall be immediately reported to the City Representative(s).
b. Clean Sink, Urinal, and Toilet Stoppages: The Contractor shall attempt to clear all toilets and sink stoppages by use of a plunger or other device.
24 If the attempt to clear the stoppage(s) has failed, the Contractor shall post an “out of order” sign on the sink, urinal, or toilet stall door, and shall immediately report the stoppage(s) to the City Representative(s). c. Clean Ceiling Vents and Light Fixtures: The Contractor shall spot clean ceiling vents and light fixtures to remove all dirt, cobwebs, and other foreign substances.
d. Clean and Disinfect Restroom Floors: The Contractor shall begin cleaning/disinfecting operation by sweeping floor with a dust mop or broom to remove all dirt, dust, trash, particles, and other debris. The Contractor shall then thoroughly wet the entire floor utilizing a wet mop, mop bucket and wringer, and a germicidal disinfectant solution. The cleaning solution shall be removed using a well-wrung mop, or it may be squeegeed to the floor drain. After being mopped, the floor shall have a uniform appearance with no streaks, film swirl marks, detergent residue, mop strings, and grout should be free of mold or other evidence of soil. The Contractor shall ensure that there are no splash marks or mop streaks left on fixtures, walls, baseboards, trash receptacles, etc.
e. Clean Mirrors: The Contractor shall remove all soil, streaks, smudges, and foreign substances from the mirror surface and frame using glass cleaning solution and a cloth. Mirror surface shall be polished with a clean, dry cloth so that it presents a uniform, clean appearance.
f. Empty and Clean Trash Receptacles/Sanitary Napkin Disposal: The Contractor shall empty all trash and sanitary napkin receptacles. Liners shall be replaced when soiled or torn; existing liners that are clean shall be reused. The interiors and exteriors of trash receptacles will be free of trash, liquids, gum, grease, and other foreign substances. Those trash receptacles that are found to contain liquids or other substances that could be the cause of odors shall be washed out and dried before new liners are installed. The Contractor shall place the removed trash into the dumpster/container located in the exterior trash enclosure. No trash should be left on the ground around the enclosure, or on top of the enclosure.
g. Fill and Clean Paper Dispensers: The Contractor shall refill all paper towel, toilet tissue, sanitary napkin, and other paper dispensers to the proper fill level. The Contractor shall also wipe and clean the dispensers and adjacent surfaces with a germicidal detergent to remove handprints and smudges. The Contractor shall check all dispensers for proper operation and shall report inoperative devices to the City Representative(s). h. Fill and Clean Soap Dispensers: The Contractor shall refill all soap dispensers to their proper fill level, in accordance with manufacturer’s instructions. The Contractor shall also wipe clean the dispensers and adjacent surfaces, removing any spills created during the refilling process.
25 The Contractor shall check all dispensers for proper operation and shall report inoperative devices to the City Representative(s). i. Wash Walls, Partitions, Door Frames, and Door Handles: The Contractor shall thoroughly wash all walls, partitions (including the interiors of toilet stalls), doorframes, and door handles with a germicidal disinfectant.
The Contractor shall ensure that the walls and partitions are uniformly clean, that there are no smudge spots on the wall overlaps, and that water/cleaning fluids are not spilled onto floors or adjacent areas. After washing, the walls, partitions, door frames, and door handles shall present a clean, bright, shiny appearance.
j. Washing Ceiling, Vents, and Light Fixtures: The Contractor shall thoroughly clean, using a germicidal disinfectant and sponge or clean cloth, the ceiling vents and light fixtures to remove all dirt, grease, particles, cobwebs, and other foreign substances. The Contractor shall not use a hose or any other means for this operation, other than those specified in this paragraph.
k. Strip and Seal Floors: The Contractor shall strip and seal floors, with an approved sealer. No wax shall be applied. The floor shall be free of dirt, dust, mold, streaks, marks, stains, cleaning application residue, streaks, watermarks, cleaning equipment marks, splashing, and dissolved and finished particles, and other foreign substances. Walls, baseboards, and other surfaces shall be clean and free of watermarks, cleaning equipment marks, and splashing. The Contractor shall ensure that baseboard, tile, fixtures, and other equipment is not damaged, disfigured, or impaired.
15. CLEAN SHOWERS: The Contractor shall begin the cleaning/disinfecting operation by sweeping floor with a wet mop to remove all dirt particles, foreign substances, and debris. Contractor shall then thoroughly wet the entire floor and wall surfaces utilizing a wet mop and scrub pad, mop bucket and ringer, and an approved germicidal disinfectant solution. The solution must be allowed to remain on the surface for three to four minutes, and shall be agitated using a scrub pad and/or mop. The Contractor shall then remove the cleaning solution using a well rung mop or squeegee to the floor drain. After being cleaned, the shower floor and walls shall have a uniform appearance with no film detergent residue, mop strings, and that the grout shall be free of mold or other evidence of soil. The Contractor shall ensure that there are no splash marks on fixtures or related locker room furniture.
16. PERIODIC SERVICES
a. Buff Floors (Resilient Tile/Linoleum): The Contractor shall damp mop, and then spray buff floor(s) with an approved floor wax and a high-speed polisher with an abrasive pad. This operation shall take place after the daily cleaning operation has been completed. Excessive wax build-up shall not be present on floor, corners, or baseboards.
26 b. Machine Strip, Seal and Wax Floors (Resilient Tile/Linoleum): The Contractor shall strip, refinish with sealer, and wax floor(s) with an approved floor wax. Entire room shall be completed in one operation, and shall be completed in accordance with the manufacturer’s recommendation. c. Clean Carpets By Extraction Method / Shampoo: The Contractor shall thoroughly clean carpet (i.e., carpeted area) using the water extraction method. All paper, gum, rubber bands, staples, paper clips, and other debris shall be removed from the carpeted area. The Contractor shall then use a carpet vacuum to remove surface soil and embedded dirt. All spots and stains shall be treated with an approved spot cleaning solution and a soft bristle brush. Spot cleaning should continue until as much of the spot or stain as possible has been removed. All instructions provided by the manufacturer of the water extraction equipment and cleaning solutions shall be followed. After allowing sufficient drying time, the Contractor shall vacuum the carpeted area following a pattern that will give the carpet pile a uniform appearance.
d. Wash and Clean All Interior and Exterior Glass: The Contractor shall clean the interior and exterior side of all glass windows and entrance doors.
The surfaces shall be completely cleaned and dried, and shall present a uniform appearance free of all dirt, grime, smudges, stains, streaks, and foreign substances.
e. Wash Hoods, Stove Vents, Filters and Ducts: The Contractor shall wash kitchen hoods, stove vents, filters and ducts to remove all dust, dirt, grease, grime, food particles, and other foreign substances. The Contractor shall use an approved germicidal disinfectant. After washing, the hoods, stove vents, filters, and ducts shall present a clean, bright, and shiny appearance. f. Clean Baseboards & Kickplates: The Contractor shall completely clean all baseboards and kickplates, and shall present a uniform appearance to remove any dirt, grime, smudges, stains, streaks, and foreign substances. g. Clean Ovens: The Contractor shall completely clean all ovens and shall present a uniform appearance to remove any dirt, grease, grime, food particles, and other foreign substances.
3.20 SANITIZATION – the Contractor shall ensure all proper personal protection equipment is used as required when sanitizing the following:
a. All high-touch surfaces shall be sprayed and wiped-down using an EPA approved disinfectant, which include the following:
• All office doorknobs and handles
• Desks and horizontal surfaces (Only areas that are clear and free of papers)
27 • Kitchen counters, exterior cabinet/drawer handles, cooktop/stove handles, tables, chairs, and sinks
• Exterior of refrigerators, microwaves and handles
• Conference room tables, credenzas, chairs, and file cabinets • Restroom door handles, faucets, sinks, toilets, partition walls, shower doors and shower pan, mirrors, and urinals
28 SECTION 4 – SUBMISSION FORMS
LA PALMA JANITORIAL SERVICES
AFFIDAVIT OF NON-COLLUSION
State of
(Date) , 20
County of
The undersigned being duly sworn, deposes and says that he/she is the sole owner; partner, president, treasurer, or other duly authorized official of a corporation of
Name of firm as appearing in submitted bid
For purposes of securing a Janitorial Services Contract with the City of La Palma and certifies under penalties of perjury that this proposal is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation, or other business or legal entity.
Signature and Title of
Person making Affidavit
Sworn to before me this
day of , 20 .
Notary Public
My commission expires:
29 CERTIFICATION REGARDING DEBARMENT, SUSPENSION
AND OTHER RESPONSIBILITY MATTERS
The Contractor certifies to the best of its knowledge and belief, that it or any of its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from bidding by any Federal, State or local department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses enumerated in paragraph two (2) of this certificate; and
4. Have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or Local) terminated for cause of default.
5. Have fulfilled all obligations of any contracts or transactions similar to or in the nature of the services herein described.
(If the Contractor is unable to certify to any of the statements in this certification with respect to it or any of its principals, the Contractor shall attach an explanation to this certification).
THE CONTRACTOR CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND
ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION.
Signature and Title of Authorized Official
30 AFFIDAVIT OF COMPLIANCE WITH BID SPECIFICATIONS
State of California
(Date) , 20
County of
The undersigned being duly sworn, deposes and says that he/she is the sole owner; partner, president, treasurer, or other duly authorized official of a corporation of
Name of firm as appearing in submitted bid
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Signature and Title
Person making Affidavit
Sworn to before me this
day of , 20_
Notary Public
My commission expires:
31 FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS ON 20____ the CITY OF LAPALMA (“CITY”) awarded to (“PRINCIPAL”) a contract for performance of work described as Janitorial Services Contract (“CONTRACT”), the terms and conditions of which are incorporated herein by reference; and
WHEREAS the CONTRACT requires PRINCIPAL to furnish this Performance Bond (“BOND”) to guarantee PRINCIPAL’s faithful performance of all provisions of the CONTRACT; and WHEREAS (“SURETY”)
a corporation legally authorized to execute and furnish performance bonds as sole surety in the State of California is willing to act as PRINCIPAL’S SURETY in the making and giving of this BOND; NOW,THEREFORE, we PRINCIPAL and SURETY hereby hold and firmly bind ourselves to pay to CITY in lawful United States currency the principal sum of , for which payment well and truly to be made to CITY or CITY’s successors or assigns we herby bind ourselves and our heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS BOND IS THAT IF PRINCIPAL or PRINCIPAL’s heirs, legal representatives, successors or assigns shall in all things stand to, abide by, and well and truly keep and faithfully perform all the covenants, conditions and promises in the CONTRACT, including its work Guaranty, and all alterations thereof made as therein provided on PRINCIPAL’s part to be kept and performed at the time and in the manner specified therein, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY and CITY’s officers, employees and agents as therein specified, then this obligation shall become null and void; otherwise, it shall be and remain in full force and binding effect.
SURETY hereby agrees that no change in the terms of the CONTRACT or the work to be performed thereunder, or any extension of time for completion thereof, shall in any way relieve it of its obligations under this BOND, and hereby waives notice of any change or extension thereof, and further waives the provisions of California Civil Code Sections 2819 and 2845.
If lawsuit is brought by CITY on this BOND, PRINCIPAL and SURETY shall pay to CITY, over and above the principal sum hereof, reasonable costs and attorney’s fees which the court is hereby authorized to award.
IN WITNESS WHEREOF we sign and seal this BOND ON .
Correspondence or claims relating to this BOND
should be sent to SURETY at the following address: Principal By (Seal)
Typed Name and Title
Telephone Number
Surety
(Seal)
Note: Signatures of those executing for SURETY Attorney-in-Fact must be acknowledged, and a Power of Attorney
attached.
Typed Name and Title
32 SECTION 5 – COST BID
(Submit under separate cover)
LA PALMA JANITORIAL SERVICES
TO: CITY OF LA PALMA
The undersigned declares that he or she has carefully examined the location of the proposed work and hereby proposes to furnish to the City all labor, services, materials, equipment, and vehicles for La Palma Janitorial Services at City Hall, Police Department, Recreation & Community Services, and City Yard Office Buildings, in strict accordance with the SPECIFICATIONS and under our BID, commencing on April 07, 2026 and ending on April 07, 2029, contingent upon agreement of both parties, unless sooner terminated or cancelled as herein provided.
BASE BID (Include all Periodic Services for each Facility and shall be FILLED OUT in OpenGov) Janitorial Services For
Buildings/Facilities At:
UNIT PRICE
PER MONTH
TOTAL PRICE
PER YEAR
City Hall $ $
Police Department $ $
Recreation & Community Services $ $
City Yard Office $ $
TOTAL BASE BID $
TOTAL BASE BID IN WORDS:
Dated this day of , 20__
Submitted By
(Please Print)
Signature of Bidder Title
Firm Name
Business Address
Telephone # Fax #
33 Schedule of Work By Type of Services at Various Locations CITY HALL COMMUNITY
SERVICES
POLICE
DEPARTMENT CITY YARD
Offices, Lounges, Conference/Meeting Rooms, Council Chambers, Activity Rooms, Kitchens, Storage Rooms:
Empty & clean waste/recycle receptacles, replace liners and deposit trash in designated bins Monday - Thursday Daily Daily Monday - Thursday Empty & clean ashtrays/clean urns Monday - Thursday Daily Daily Monday - Thursday Clean & disinfect kitchen countertops, sinks, ranges, refrigerators, microwave ovens and vending machines, and community center kitchen walls Monday - Thursday Daily Daily Monday - Thursday Clean & polish counters, & bright metal, including any exposed chrome plumbing Clean & disinfect & polish drinking fountains & surrounding tiles/wallpaper Monday - Thursday
Monday - Thursday
Daily
Daily
Daily
Daily
Monday - Thursday
Monday - Thursday
Dust & clean all desks, counters, shelves, chairs, & chair mat (if accessible) Weekly Weekly Weekly Weekly Dust file cabinets, ledges, furniture, window sills, picture frames, venetian/mini blinds or other window coverings, etc. Weekly Weekly Weekly Weekly
Remove fingerprints/smudges from woodwork, doors, light switches, desks, office equipment, counters, walls, etc. Weekly Weekly Weekly Weekly
Sweep & dust mop all tiled areas Monday - Thursday Daily N/A Monday - Thursday Wet mop all tiled floor areas with disinfectant Sunday Daily Daily Sunday Vacuum all carpets Monday - Thursday Daily Daily N/A
Spot clean carpets/remove stains Monday - Thursday Daily Daily N/A Scrub/buff all tiled/linoleum areas 1st Sunday monthly Monthly 1st Sunday monthly 1st Sunday monthly Machine strip & wax tile/linoleum floors (include Police Department kitchen, restrooms and storage rooms in community center building)
1st Sunday in
Jan/Apr/Jul/Oct
1st Sunday in
Feb/April/June/ Oct
1st Sunday in
Jan/Apr/Jul/Oct
1st Sunday in
Jan/Apr/Jul/Oct
Sweep entry areas and vacuum entry mats Monday - Thursday Daily Daily Monday - Thursday Dust, clean and polish all desk & furniture in City Council Chambers Monday N/A N/A N/A Dust tops of lockers in the locker rooms, wipe down/clean locker doors N/A N/A Sunday Sunday Secure buildings, lock exterior doors, windows, and reactivate security alarm system as instructed Daily Daily Daily Daily *Schedule may be modified by approval of the Public Works Director or designee
34 Schedule of Work By Type of Services at Various Locations CITY HALL COMMUNITY
SERVICES
POLICE
DEPARTMENT CITY YARD
Restrooms:
Clean, disinfect & polish wash basins & fixtures Monday - Thursday Daily Daily Monday - Thursday Clean & disinfect toilet bowls, both sides of seats, & urinals Monday - Thursday Daily Daily Monday - Thursday Empty & clean waste & sanitary napkin disposal Monday - Thursday Daily Daily Monday - Thursday Clean & polish mirrors, counters, & bright metal, including any exposed chrome plumbing Monday - Thursday Daily Daily Monday - Thursday Sweep & wet mop floors with germicidal deodorant Monday - Thursday Daily Monday - Thursday Monday - Thursday Clean tile around urinals/sinks, shower stalls Monday - Thursday Daily Daily Monday - Thursday Wipe down partition walls, partition doors, door frames & handles Monday - Thursday Daily Daily Monday - Thursday Sterilize shower stall floor & wall tiles, remove drain covers & wash down shower doors N/A Monday -Thursday Daily Monday - Thursday Restock all paper & soap dispensers Monday - Thursday Daily Daily Monday - Thursday Glass Doors & Windows:
Clean entry doors, windows, & window sills remove fingerprints and smudges Monday - Thursday Daily Daily Monday - Thursday Clean display case and mirrors, remove fingerprints and smudges Monday - Thursday Daily Daily Monday - Thursday Wash and clean all interior glass 1st Sunday in
Jan/Apr/June/Oct
1st Sunday in
Jan/Apr/June/Oct
1st Sunday in
Jan/Apr/June/Oct
1st Sunday in
Jan/Apr/June/Oct
Wash and clean all exterior glass 1st Sunday in
Jan/Apr/June/Oct
1st Sunday in
Jan/Apr/June/Oct
1st Sunday in
Jan/Apr/June/Oct
1st Sunday in
Jan/Apr/June/Oct
Jail Area:
Sweep/dust mop all floors N/A N/A Daily N/A
Wet mop all floors with disinfectant N/A N/A Daily N/A
Clean & disinfect toilets and sinks N/A N/A Daily N/A
Clean/Sanitize mattresses & pillowcases N/A N/A Daily N/A Periodic Services:
High & Low vertical dusting, including ceiling & corners, ceiling vents 1st & 3rd Monday of the month
1st & 3rd Tuesday of
the month
1st & 3rd Thursday of
the month
1st & 3rd Thursday
of the month
Clean baseboards & kickplates of all marks 1st & 3rd Monday of the month
1st & 3rd Tuesday of
the month
1st & 3rd Thursday of
the month
1st & 3rd Thursday
of the month
Vacuum upholstered furniture 1st & 3rd Monday of
the month
1st & 3rd Tuesday of
the month
1st & 3rd Thursday of
the month
1st & 3rd Thursday
of the month
Vacuum drapes N/A N/A N/A N/A
Clean Ovens 1st Sunday of the
month
1st Sunday of the
month
1st Sunday of the
month N/A
Shampoo Carpets 1st Sunday in
March/Sept
1st Sunday in
March/Sept
1st Sunday in
March/Sept N/A
35 AVAILABLE WORKING HOURS BY LOCATION
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
CITY HALL
7822 Walker Street
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
All Day All Day All Day
POLICE
DEPTARTMENT
7792 Walker Street
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
COMMUNITY
SERVICES
7821 Walker Street
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
2 a.m. to
7 a.m.
2 a.m. to
7 a.m.
12 a.m. to
7 a.m.
CENTRAL PARK
RESTROOMS
7821 Walker Street
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
10 p.m. to
7 a.m.
2 a.m. to
7 a.m.
2 a.m. to
7 a.m.
All Day
CITY YARD OFFICE
8415 Meadowlark
6 p.m. to
7 a.m.
6 p.m. to
7 a.m.
6 p.m. to
7 a.m.
6 p.m. to
7 a.m.
All Day All Day All Day
TABLE 1
36 CITY OF LA PALMA
APPROXIMATE BUILDING AREAS
FOR CITY FACILITIES
Building Building Name & Address
Approximate
Area
(Square Feet)
Remarks
A
City Hall
7821 Walker Street 7,510 SF Includes Council Chamber
B
Police Department
7792 Walker Street 6,903 SF
Excludes Fire
Dept
& Storage Rooms
C
Recreation & Community
Services
Four (4) Buildings
7821 Walker Street
11,497 SF
Four separate
buildings,
excludes storage
& electrical rooms
D
Central Park Restroom
7821 Walker Street
(north side of Tennis Courts)
570 SF
E
Public Works City Yard
Office
8415 Meadowlark Lane
1,130 SF
Includes office,
lunch room &
restroom areas
TOTAL BUILDING AREAS 26,610 SF
• The building areas are approximate only; bidders may measure floor areas for exact square footage
TABLE 2
Agenda Item No. 9 April 7, 2026 | 1
City of La Palma
Agenda Item No. 9
MEETING DATE: April 7, 2026
TO: City Council
FROM: City Manager
SUBMITTED BY: Jesse Amend, Police Captain
AGENDA TITLE: Authorized Agents of the City of La Palma for Cal OES Public Assistance Grants
RECOMMENDED ACTION:
Approve the attached Cal OES-FPD-130 Resolution form designating the City Manager, the Police Chief, and the Deputy City Manager as authorized agents to execute on behalf of the City of La Palma for the purpose of obtaining public assistance grants from Cal OES and FEMA in a post-disaster setting.
SUMMARY:
The California Governor's Office of Emergency Services (Cal OES) requires a Designation of Applicant's Agent Resolution for Non-State Agencies to be on file for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. A new Designation of Applicant's Agent Resolution for Non-State Agencies is required if the previously submitted documents are older than three (3) years from the last date of approval or if changes are required to the name and/or title of authorized agents. The City of La Palma's current triennial resolution, on file with Cal OES, expired on April 6, 2024. The attached updated resolution designates the City Manager, the Police Chief, and the Deputy City Manager as authorized agents for the City of La Palma for all matters pertaining to state disaster assistance.
FISCAL IMPACT:
If a current Designation of Applicant's Authorized Agent Resolution (Cal OES-FPD-130 form) is not on file with Cal OES, the City will be ineligible to apply for reimbursement under any future public assistance grants available for declared disasters. FEMA mandates current designations as a condition of qualifying for Cal OES public assistance grants.
ATTACHMENTS:
1. Cal OES-FPD-130 Resolution Form
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130
Agenda Item No. 10 April 7, 2026 | 1
City of La Palma
Agenda Item No. 10
MEETING DATE: April 7, 2026
TO: City Council
FROM: City Manager
SUBMITTED BY: Joseph Cisneros, Deputy City Manager
AGENDA TITLE: 2026 Street Closure for a Special Event
RECOMMENDED ACTION:
Adopt a Resolution approving a street closure for the Every 15 Minutes campaign on Tuesday, April 21, 2026.
SUMMARY:
Each year, staff submits a request to the City Council for approval of street closures related to community events. Upon approval, arterial road closure signage is placed in advance of each event.
The Community Services, Public Works, and Police Departments meet before and after each event to discuss and debrief logistics. Before the specific event, written notifications, reminder notices, and information are sent to those residents and businesses that may be affected by the closure. The following items are the specific closures requested:
Every 15 Minutes – Tuesday, April 21, 2026
Walker Street from Crescent Avenue to La Luna Drive are scheduled to be closed from approximately 8:30 a.m. to 11:30 a.m. This closure will aim to mitigate morning school traffic.
FISCAL IMPACT:
The estimated total cost for street closures is $500–$1,000 for Police services. All expenses are budgeted within the FY 25-26 Adopted budget.
ATTACHMENTS:
1. Resolution
City of La Palma: Resolution No. 2026-XX Page 1 of 3
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PALMA, CALIFORNIA, APPROVING 2026 STREET CLOSURE FOR A CITY
SPECIAL EVENT
WHEREAS, the City will conduct a special event that require street closure in 2026; and WHEREAS, the California Vehicle Code pertaining to the Regulation of Highways requires that the local authority authorize the temporary closing of any street, by resolution; and WHEREAS, the La Palma Community Services Division, Community Development and Public Works Department, and Police Department have reviewed and approved the recommended street closures.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of La Palma does hereby resolves as follows:
SECTION 1. Approves the street closure schedule for the Every 15 Minutes campaign event as detailed in the attached street closure schedule, and by this reference incorporated as Exhibit “A”.
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall affix their signature and City Seal and that same shall be entered into the Book of Resolutions.
APPROVED AND ADOPTED by the City Council of La Palma at a Regular Meeting on the 7 rd day of April, 2026.
__________________________
Nitesh P. Patel
Mayor
ATTEST:
_____________________
Norma I. Alley, MMC
City Clerk
City of La Palma: Resolution No. 2026-XX Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF LA PALMA )
I, NORMA I. ALLEY, MMC, City Clerk of the City of La Palma, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of said City at a regular meeting of said City Council held on the 7th day of April, 2026, and that it was so adopted by called vote as follows:
AYES:
NOES:
_______________________________
Norma I. Alley, MMC
City Clerk
City of La Palma: Resolution No. 2026-XX Page 3 of 3
Exhibit “A”
2026 Event Street Closures
Every 15 Minutes
Tuesday, April 21, 2026
Location Restriction Beginning Ending Alternatives
Walker Street Event Traffic
Crescent Ave. to La Luna Drive
8:30 a.m. 11:30 a.m. Emergency ingress
and egress only
Agenda Item No. 11 April 7, 2026 | 1
City of La Palma
Agenda Item No. 11
MEETING DATE: April 7, 2026
TO: City Council
FROM: City Manager
SUBMITTED BY: Jason Hong, Community Services Supervisor AGENDA TITLE: Event Contract for the 5th Annual Festival of Nations RECOMMENDED ACTION:
Authorize the City Manager to execute the event agreement and any related documents with James Events Productions, Inc., for the provision of vendor booths, rides, attractions and game booths at the Festival of Nations community event on Saturday, April 25, 2026.
BACKGROUND:
In the fall of 2018, the City Council held a Study Session to discuss establishing a "Signature Event" for La Palma. In January 2019, the City Council identified the development of this event as a goal, aiming to launch it in April 2020. Community Services staff collaborated with the Community Activities & Beautification Committee to develop proposals for an international event, "The Festival of Nations." However, due to the COVID-19 pandemic, the event was postponed and could not take place until April 2022. Since then, the Festival of Nations has been celebrated on the last Saturday of April each year. This one-day event honors La Palma’s cultural heritage through music, performances, a parade, food, carnival attractions, and exhibits. It serves as a means for the community to come together and celebrate the City’s cultural diversity.
The event has since become an annual tradition, growing in community engagement. The 5th Annual Festival of Nations & Parade is scheduled for Saturday, April 25, 2026.
SUMMARY:
The Festival of Nations is a highly anticipated community event featuring cultural performances, diverse food vendors, a parade, and family-friendly entertainment. To create an engaging and festive atmosphere, James Events Productions, Inc., has provided high-quality amusement rides, interactive games, and attractions for attendees of all ages since the event’s inception. This year, James Events Productions, Inc., was selected again for its proven track record of delivering quality services tailored to single-day community events. While staff explored other vendor options, most specialized in multiday festivals. One alternative quote came in at over $65,000, which is well above the event’s budget.
James Events Productions, Inc., offers a cost-effective solution that ensures a fun and inclusive experience while staying within budget. The total cost of their services is $40,804, which aligns with the allocated event funding.
Agenda Item No. 11 April 7, 2026 | 2
FISCAL IMPACT:
The $40,804 cost for James Events Productions, Inc. is within the FY 2025–26 Amended Budget, which was increased at mid-year to fund a second Festival of Nations event following the April 2025 rainout. The FY 2025–26 Amended Budget allocates $45,650 total ($36,600 for professional services and $9,050 for equipment rentals).
ATTACHMENTS:
1. James Events Productions, Inc. Invoice and Agreement
INVOICE
Invoice #230921208
Invoice Date Mar 11, 2026
PO #PORT-DS
Due Balance $40,804.00
James Events Productions, Inc.
1116 N Olive St
Anaheim, CA 92801
Phone: (714) 563-9778
[email protected]
www.jamesevents.com
Donna Steele
[email protected]
Contact
Jason Hong
(714) 690-3353
[email protected]
Business / Org
City of La Palma
7821 Walker St, La Palma, CA 90623
(714) 690-3356
[email protected]
Event Information
City of La Palma-PORT
Saturday, Apr 25, 2026 @ 11:30 AM - 4:30 PM PDT
Festival for 5000 people
Location / Venue
Central Park
7821 Walker St, La Palma, CA 90623
RIDES
RENTAL ITEMS
Description Qty Unit Total
Fiberglass Slide
Capacity: Continuous, 3 Lanes · Height: 33 ft. · Height Requirements: 42" Tall to Ride, No Sitting on Laps · Length: 110 ft. · Power Needs: 120/240V, 50A, Single - Phase, Hubble Twist Connection · Ride Specs: Space Needed: 24' x 110' x 33' tall · Set And Tear Down: 60-90 Minutes · Trailer Dimensions: 20,000 lbs /45’ L, 8’ W, 13’6” T · Width: 24 ft.
Saturday, 4/25 [11:30 AM PDT for 5 hours]
1 $3,675.00 $3,675.00
Swing Chair-Large
Average Ride Time: 2 Minutes · Capacity: Up to 20 adults and kids · Height Requirements: 42” tall min · Power Needs: 240v-100a-3 phase · Ride Specs: 60" Circle · Set And Tear Down: 60-90 Minutes Saturday, 4/25 [11:30 AM PDT for 5 hours]
1 $3,100.00 $3,100.00
Scrambler
Average Ride Time: 5 Minutes · Capacity: Up to 36 at a time, No Single Rider · Height: 60 ft. · Height Requirements: 42” Tall to Ride Without an Adult · Length: 60 ft. · Power Needs: 240V, 100A, 3- Phase · Ride Specs: Space Needed: 65' x 65' · Set And Tear Down:
2-3 Hours · Weight Requirements: 500lbs Max Per Seat
Saturday, 4/25 [11:30 AM PDT for 5 hours]
1 $6,750.00 $6,750.00
Carousel
Average Ride Time: 5 Minutes · Capacity: Up to 8 Children at a Time, Adults May Stand · Height: 25 ft. · Height Requirements: 36" Tall Minimum to Ride Without an Adult · Length: 20 ft. · Power Needs: 220v, 30 A, L14/30 · Ride Specs: Space Needed: 25' x 25' · Set And Tear Down: 60-90 Minutes · Weight Requirements: 75lbs Max · Width: 22 ft.
Saturday, 4/25 [11:30 AM PDT for 5 hours]
1 $2,175.00 $2,175.00
Pirate Ship-Small
Average Ride Time: 2 Minutes · Capacity: Up to 10 Children · Height: 20 ft. · Height Requirements: 36” Tall Max, Must Fit in Seat · Length: 22 ft. · Power Needs: 120/240V-30A, Single-Phase · Ride Specs: Space Needed: 20' x 25' · Set And Tear Down: 30-60 Minutes · Weight Requirements: 75lbs Maximum · Width: 13 ft.
Saturday, 4/25 [11:30 AM PDT for 5 hours]
1 $1,250.00 $1,250.00
Total $16,950.00
Description Qty Unit Total
3/16/2026 4:18 PM PDT - City of La Palma-PORT (#230921208) 1 of 6
ENTERTAINMENT
SPECIAL EVENT ATTRACTIONS
Booth - Structure with Tabletop (Ticket Booth and Snow
Cones)
2 $0.00 $0.00
Vendor Booths 16 $165.00 $2,640.00
Generator - Small
Generator Small
1 $150.00 $150.00
Total $2,790.00
Description Qty Unit Total
Petting Zoo-Traditional
Saturday, 4/25 [11:30 AM PDT for 5 hours]
1 $2,625.00 $2,625.00
Total $2,625.00
Description Qty Unit Total
Booth Game Package - With Staff and Prizes
BLUE
Saturday, 4/25 [11:30 AM PDT for 5 hours]
12 $900.00 $10,800.00
Booth Game - Bowling Alley 1 $0.00 $0.00
Booth Game - Duck Races 1 $0.00 $0.00
Booth Game - Football Toss 1 $0.00 $0.00
Booth Game - Hamster Rumble 1 $0.00 $0.00
3/16/2026 4:18 PM PDT - City of La Palma-PORT (#230921208) 2 of 6
OPERATIONS
Booth Game - Milk Can Toss 1 $0.00 $0.00
Booth Game - Mini Basketball 1 $0.00 $0.00
Booth Game - Ring Toss 1 $0.00 $0.00
Booth Game - Laundry Basket 1 $0.00 $0.00
Booth Game - Kiddie Fishing 1 $0.00 $0.00
Booth Game - Ping Pond Game 1 $0.00 $0.00
Booth Game - Skeeball 1 $0.00 $0.00
Booth Game - Bring Home Bacon 1 $0.00 $0.00
Inflatable Obstacle Course - Regular
# Of Riders At A Time: 1 · Capacity: Continuous · Height: 15' · Height Requirements: 4 Years of Age Minimum · Length: 40 ft. · Power Needs: 120v/2-20a
Saturday, 4/25 [11:30 AM PDT for 5 hours]
1 $1,375.00 $1,375.00
Inflatable Obstacle Course - Raceway
Capacity: Continuous · Height Requirements: 2 Years of Age Minimum · Power Needs: 120v/2-20a
Saturday, 4/25 [11:30 AM PDT for 5 hours]
1 $700.00 $700.00
Total $12,875.00
Description Qty Unit Total
3/16/2026 4:18 PM PDT - City of La Palma-PORT (#230921208) 3 of 6
Logistics
Make checks payable to:
James Events Productions, Inc.
1116 N Olive St, Anaheim, CA 92801
Memo: Invoice #230921208
Totals
Subtotal
Tax
Total*
$40,804.00
$0.00
$40,804.00
Due Now $20,402.00
Final Due on Apr 19, 2026 $20,402.00
Remaining Balance* $40,804.00
Additional convenience fees may apply
Security Guard
Friday night
Saturday, 4/25 [8:00 PM PDT for 12 hours]
1 $910.00 $910.00
Organization & Labor Portable
Event Management, Labor
Maintenance / Tech Crew, Breakers,
Portable Generator Power
Directional Signage, First Aid Supplies
1 $4,654.00 $4,654.00
Total $5,564.00
Description Qty Unit Total
Standard Delivery (Drop-Off)
Friday, 4/24 [TBD]
7821 Walker St, La Palma, CA 90623
1 $0.00 $0.00
Standard Delivery (Pickup)
Saturday, 4/25 [4:30 PM PDT]
7821 Walker St, La Palma, CA 90623
1 $0.00 $0.00
Total $0.00
3/16/2026 4:18 PM PDT - City of La Palma-PORT (#230921208) 4 of 6
Terms and Conditions
1. Guarantees
Client will confirm with Producer, 10 business days prior to the Event, the number of people that will be attending the Event. This will be considered the Event guarantee. On the day of the Event, if your guest count exceeds that guarantee, Client is responsible for additional charges pertaining to consumables. If Client fails to provide guarantee 10 days prior, the amount of guests on the contract shall be used. Reductions in contractual guest count may be subject to additional charges.
2. Postponement
A. Client may request to postpone the Event by notifying Producer in writing no less than sixty (60) days before the date of the Event. Upon receiving such a request, Producer will make reasonable efforts to reschedule the Event within twelve (12) months of the date of the Event.
Producer will apply any deposits received from Client toward any expenses Producer incurs due to the postponement; the balance will be applied toward the contract price for the rescheduled Event.
B. Client may request to postpone the Event by notifying Producer in writing no less than one (1) day before the date of the Event in the case of Acts of God, as defined as flash floods, tornado, hurricane, windstorm, earthquake or other natural disasters or when performance of this Agreement would be otherwise inadvisable, commercially impracticable, illegal, or impossible due to an event or circumstance beyond the parties’ control. Upon receiving such a request, Producer will make reasonable efforts to reschedule the Event within twelve (12) months of the date of the Event. Producer will apply any deposits received from Client toward any expenses Producer incurs as a result of the postponement, with the balance applying toward the contract price for the rescheduled Event.
C. If, after reasonable efforts, Producer is unable to reschedule the Event within twelve (12) months of the date of the Event, Producer will retain any deposits received from Client as its full fee, and neither party shall have any further obligations to the other party under this Agreement.
4. Insurance
Producer will provide comprehensive general liability insurance and property damage in the total amount of One Million Dollars ($1,000,000.00) provided however, that Producer will not be required to obtain any additional insurance for the Event. Notwithstanding the above, Producer shall not be liable for any damage to any property or injury to any persons attending the Event if such injury to property or property damage occurs in connection with such persons participation in any sports, games, including without limitation basketball, volleyball, softball, horseshoes, tug-o-war, piñata breaking, ping-pong, aforementioned “Fun Games,” and other such events, whether or not such injury or damage occurs in connection with an Event supervised by Producer or which occurs during or after an Event or whether occurring on or off the premises where the Event is held or which is not covered by the insurance provided by Producers and whether such damage or injury is due to the type of extent of the damages or injuries which occurs or results from that inflicted by one person upon another or caused by the negligent acts of any person present. Any injuries, damages or losses must be reported by any person to Producer on the day of the Event or as soon as practicable and failure to report promptly such injury, damage or loss in writing may result in a waiver of insurance coverage. Failure to report on the day of the Event may require additional evidence to prove the injury, damage, or loss occurred at the Event.
5. Alcoholic Beverages
Clients and any persons attending the Event shall not bring any alcoholic beverages to the Event or remove alcoholic beverages from the Event.
Client shall not serve or permit to be served or consumed any alcoholic beverages at or near the Event, provided however, that any persons attending the Event who are legally allowed to consume alcoholic beverages may do so, but only those provided by Producer and only on the premises where the Event is held in the area provided by Producer. Client shall ensure that during the Event no minors or any people are intoxicated or in a condition in which they should not be consuming alcohol and shall cooperate with Producer in ensuring that such people do not consume any alcohol on or near the premises where the Event is held.
6. Prohibited Items
To ensure further safety at the Event, the following items shall not be brought to or near the premises during the Event: pets, roller skates, skateboards, alcoholic beverages, controlled substances, firearms, knives or similar items, fireworks, or any other items deemed by Producer to be dangerous if brought to or near the Event.
7. Indemnity
Client shall indemnify and hold harmless, Producer, its employees, executives and agents from and against any and all damages, liabilities, claims, costs, expenses, attorneys’ fees, etc. incurred by Producer directly or indirectly, in connection with the Event.
8. Modification
This agreement supersedes any and all prior agreements, whether oral or written, between the parties with respect to the Event and any changes hereto must be in writing and signed by both parties.
9. Miscellaneous Provisions
A. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
B. Client agrees to execute any and all documents and permits necessary to implement this agreement.
C. Any and all notices required to be sent under this Agreement shall be deemed to have been received by the parties hereto and be effective on the business day when delivered personally or in mail by first class, certified or registered mail, return receipt requested, four (4) business days after such mailing to the other party at the address set forth above or such other address as designated in writing by either party.
D. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided however, that Client may not assign this Agreement without Producers prior written consent.
E. In the event of any controversy, claim or dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable expenses, including but not by way of limitation, attorney fees and costs. 3/16/2026 4:18 PM PDT - City of La Palma-PORT (#230921208) 5 of 6
Signature
Printed Name
Date
F. Each party to this Agreement represents and warrants that it has the authority to enter into this Agreement and that the party executing this Agreement is authorized to do so.
Payment Policy
To confirm this agreement, an initial payment of 50% of the total contract amount is required.
The remaining balance is due five (5) calendar days prior to to the earliest of the following dates: a) receipt of goods or b) performance of services.
Additional payment processing fees may apply.
General Cancellation Policy
To ensure availability of all services and products, initial payments are non-refundable. You may remove one or more item(s) from your order, or cancel your entire order, according to the following schedule, but the following cancellation fees will apply, subject to any category-specific cancellation policy:
90 days prior: 50% of total contract amount, less any initial payment (if refundable) 60 days prior: 75% of total contract amount, less any initial payment (if refundable) 30 days prior: 100% of total contract amount, and any initial payment will not be refunded Days prior refers to the number of days before the first of the following: receipt of goods or performance of services. 3/16/2026 4:18 PM PDT - City of La Palma-PORT (#230921208) 6 of 6
Agenda Item No. 12 April 7, 2026 | 1
City of La Palma
Agenda Item No. 12
MEETING DATE: April 7, 2026
TO: City Council
FROM: City Manager
SUBMITTED BY: Jake Chavira, Acting Community Development & Public Works Director
AGENDA TITLE: Citywide Sidewalk Survey Award of Contract RECOMMENDED ACTION:
Approve and authorize the City Manager to execute an agreement with Precision Concrete Cutting for Citywide Sidewalk Survey.
BACKGROUND:
On May 2, 2023, the City Council awarded a five-year Maintenance Contract to Precision Concrete Cutting for sidewalk condition repairs covering Fiscal Years 2023–2028. Since the award of this contract, Precision has successfully assessed, cut, and profiled sidewalk trip hazards throughout multiple areas of the City, including Zones 4, 5, and 6, as well as along all arterial streets, the Edison right-of-way, and within Central Park. Their work has contributed to improving pedestrian safety and reducing potential liability associated with uneven sidewalk conditions.
The City is also a member of the California Joint Powers Insurance Authority (CJPIA), which maintains a Master Services Agreement (MSA) with Precision Concrete Cutting. This agreement allows member agencies, including the City, to use Precision Concrete Cutting’s services at competitively negotiated, favorable pricing.
As part of the City’s continued effort to proactively maintain public infrastructure and enhance pedestrian safety, staff is proposing to complete a citywide sidewalk survey. The purpose of this survey is to comprehensively assess sidewalk conditions, identify trip hazards, and prioritize future repair efforts. Precision Concrete Cutting has provided a proposal in the amount of $30,781 to complete the citywide sidewalk survey under the existing CJPIA MSA.
Exception from BIDDING
The City may enter into an agreement with Precision Concrete Cutting without going through the formal or informal bidding process under La Palma Municipal Code section 2-197, subd. (3)(a). That section allows the City to purchase supplies, materials, equipment, and services in accordance with any bid awarded by another public agency for which the City would normally follow its own formal or informal bid procedures. The Precision Concrete Cutting MSA is a result of a bid awarded by another public agency, CJPIA.
Agenda Item No. 12 April 7, 2026 | 2
ENVIRONMENTAL IMPACT:
The approval of this agreement with Precision Concrete Cutting for Citywide Sidewalk Survey is not a project for purposes of the California Environmental Quality Act (CEQA) pursuant to Cal. Pub. Res.
Code § 21065 and pursuant to CEQA Guidelines 15306 and 15061(b)(3) as basic data and information collection, and as it can be seen with certainty that this activity will not have a significant effect on the environment.
FISCAL IMPACT:
Sufficient funding is available in the FY 2025/26 Adopted Budget, which includes $125,000 for curb, gutter, and sidewalk improvements from the Residential Street Rehabilitation Fund (035-900-8140- 00000), to complete the citywide sidewalk survey through the MSA with Precision Concrete Cutting, estimated at $30,781.
ATTACHMENTS:
1. City of La Palma Sidewalk Survey Proposal
2. Precision Concrete Cutting Agreement 05-02-23
3. CJPIA Master Services Agreement
SIDEWALK SURVEY
PROPOSAL:
Presented to:
CITY OF LA PALMA
7822 WALKER STREET,
LA PALMA, CA, 90623
CONTACT: JAKE CHAVIRA
MARCH 16TH, 2026
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project. Any copying or unauthorized disclosure of this information is prohibited.
ENVIRONMENTAL IMPACT EXAMPLE: As a member of the U.S. Green Building Council (USGBC) we are proud of the fact that we reduce the impact to landfills and the environment as a result of our service.Removing and replacing 100 panels would result in approximately 118,500 pounds or 59 tons of concrete being removed (average panel weight of 1185 pounds) Using Precision Concrete Cutting for 100 trip hazards results in 0.3 tons of concrete removed and recycled, approximately 141 gallons of gasoline saved, and a reduction of 1.3 metric tons of Co2.
COST SAVINGS
We’ll repair your sidewalks for 70-90% less than sidewalk replacement, which means you can do more for your
community for less.
A.D.A. COMPLIANCE
Patented technology that brings sidewalks into ADA compliance CLEAN
Our patented containment system captures dust and debris to bring you the cleanest process available.
SAFE
Decrease liability on your pedestrian walkways
DETAILED REPORTING
We track our jobs with honesty and integrity. Invoices show measurements, locations and cost for each hazard.
LOW IMPACT
Efficient systems with an average removal time of 20 minutes, no sidewalk closures.
FULL SERVICE CONTRACTOR
Complete GIS integration, mapping, etc.
COMMITMENT SUMMARY
Sidewalk Inspection Services and Responsibilities
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.
Any copying or unauthorized disclosure of this information is prohibited.
1. CONTRACTOR shall inspect public right-of-ways designated on the maps.
2. CONTRACTOR shall determine tripping hazards, which shall include, but not be limited to:
a. Differential displacement between sidewalk sections ½” inch 2 ½” b. Spall surfaces, holes in surfaces, and cracks above 1 inch wide or greater
c. Deteriorated joints that have an eroded condition and are ½” wide or greater
3. CONTRACTOR shall record location of damaged sections in a GPS device.
4. Data entered into the GPS device shall be provided.
5. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identification and description of each problem condition b. Physical address and location including GPS location data c. Size of hazards in height, length, and square foot
d. Probable cause of hazard, if evident
e. Pictures of damaged areas
f. Recommended action to be taken
PROGRAM
62 SIDEWALK MILES DO NOT EXCEED $30,780.52
THE PRECISION CONCRETE CUTTING DIFFERENCE
Our patented technology and innovative sidewalk repairs process leaves you with a beautiful, smooth surface that is ADA compliant — a result you can’t get with grinding. Plus, our method saves you money! The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.
Any copying or unauthorized disclosure of this information is prohibited.
PRECISION CONCRETE CUTTING REPAIRS
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.
Any copying or unauthorized disclosure of this information is prohibited.
PRECISION CONCRETE CUTTING REPAIRS
The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project.
Any copying or unauthorized disclosure of this information is prohibited.
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AGREEMENT FOR MAINTENANCE SERVICES
This Agreement for Construction or Maintenance Services (“Agreement”), made and entered into this 2
nd day of May, 2023, by and between the City of La Palma, a municipal corporation of the State of California, hereinafter referred to as the “City”, and Precision Concrete Cutting, hereinafter called and referred to as the “Contractor.” The Contractor and the City are hereafter together referred to as the “Parties” and each individually as a “Party.” WITNESSETH:
1. RECITALS: This Agreement is made and entered into with respect to the following facts:
(a) That City desires to obtain through the Contractor the services set forth and described in the Scope of Work attached hereto as Exhibit “A” and incorporated herein by this reference (hereinafter, the “Contractor Services”). (b) That the Contractor represents to the City that the Contractor is well qualified to perform the Contractor Services by reason of Contractor’s training, expertise, experience, and background.
(c) That the public interest, convenience and necessity require that the City obtain the Contractor Services upon the terms and conditions set forth herein. (d) That the City and the Contractor mutually desire to enter into this Agreement for the provision of the Contractor Services by the Contractor for and on behalf of the City, in accordance with the terms and conditions set forth herein.
2. SERVICES:
(a) Provision of Contractor Services: During the term of this Agreement, the Contractor shall provide the Contractor Services as set forth in Exhibit “A.” Time is of the essence for this Agreement.
(b) Additional Services: If the City desires to add additional services or service locations not specifically described in Exhibit A (“Additional Services”), the City shall notify the Contractor thereof at least thirty (30) days in advance of the time such Additional Services shall commence. The Contractor shall perform such Additional Services, and compensation for the work performed shall be paid by the City in accordance with the Budget and Fee Schedule attached hereto as Exhibit “B” and incorporated herein by this reference, or as otherwise may be agreed in writing by the City and the Contractor. It is expressly understood by the Contractor that the provisions of this Section 2(b) shall not apply to services specifically set forth in Exhibit “A” or reasonably contemplated therein.
The Contractor hereby acknowledges that it accepts the risk that the services to be provided contrary to the Scope of Services may be more costly or time consuming than the Contractor anticipates and that the Contractor shall not be entitled to additional compensation therefor. Unless contradictory of this Section 2(b), all provisions in this DocuSign Envelope ID: A4F9D734-9F29-471A-AAA1-8C6E829672C9
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Agreement applicable to the Contractor’s performance of the Contractor Services shall also apply to the Additional Services.
(c) Standard of Performance: In performing the Contractor Services, the Contractor shall use the skill and care that a highly specialized professional with significant expertise in the field, would use under similar circumstances. To the extent that the Contractor retains subcontractors to perform any portion of any of the Contractor Services, the Contractor has a duty to the City to ensure that the tasks and services performed by such subcontractors meet the same highly specialized professional level, skill, and expertise expected of the Contractor.
(d) Labor, Equipment, Materials: The Contractor shall equip itself with all necessary labor, equipment and materials to perform the services specified in this Agreement. The Contractor represents that the Contractor Services will be performed by the Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable Federal, State and local law to perform such tasks and services. The Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of the Contractor Services and as required by law. The Contractor shall at all times ensure that all goods, materials, equipment or personal property included within the Contractor Services shall be of good quality, fit for the purpose intended. (e) Work Site: The Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Contractor Services. Should the Contractor discover any conditions, including any latent or unknown conditions, which will materially affect the performance of the Contractor Services, the Contractor shall immediately inform the City of such fact in writing and shall not proceed except at the Contractor’s risk until written instructions are received from the City Representative.
(f) Independent Contractor: It is understood and agreed that all Contractor Services, and all services, labor, equipment and materials furnished in conjunction therewith shall be furnished by the Contractor as an independent contractor, subject to the inspection and approval of the City, or the City Representative (defined below). The City shall have the right to control the Contractor only as to results of the Contractor’s services rendered pursuant to this Agreement, and the City shall not have the right to control the means by which the Contractor accomplishes the services performed under this Agreement.
3. AUTHORITY OF THE CITY REPRESENTATIVE:
(a) City Representative: The “City Representative” shall be Andy Ramirez, Public Works/Community Services Director, of the City of La Palma, acting personally or through his or her duly authorized agents, each agent acting only within the scope of authority delegated to him or her.
(b) Scope of Authority. The City Representative shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work DocuSign Envelope ID: A4F9D734-9F29-471A-AAA1-8C6E829672C9
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performed, and as to the manner of performance and rate of progress of the work. The City Representative shall further decide all questions which may arise as to the acceptable fulfillment of this Agreement on the part of the Contractor; and all questions as to claims and compensations. The City Representative’s decisions shall be final, and the City Representative shall have authority to enforce and make effective such decisions and to order that the Contractor carry out such decisions promptly.
4. TERM OF AGREEMENT: This Agreement shall commence and terminate on the dates set forth in Exhibit “A”. However, either Party, at its discretion, shall have the right to terminate this Agreement at any time by giving thirty (30) days advance written notice.
5. COMPENSATION:
(a) Amount of Compensation. Compensation will be determined according to the Budget and Fee Schedule set forth in Exhibit “B”.
(b) Invoices. The Contractor shall invoice the City on a monthly basis for all work performed by the Contractor under this Agreement. Invoices shall include billings for all charges, including authorized direct costs incurred by the Contractor during the month covered by the invoice. All charges for labor or professional services shall describe with specificity the services rendered and shall set forth the number of hours worked and hourly rates in accordance with Exhibit “B”. Within thirty (30) days of receipt of an invoice, and upon determination by the City that the invoice is in order and that the Contractor has performed all requested or required services in a timely and competent manner, the City shall pay such invoice.
(c) Record of Payment. The Contractor shall maintain records on all services for and charges to the City under this Agreement for a period of not less than twenty-four (24) months, or for any longer period required by law, after the termination of this Agreement, and make such records available for review and audit if requested by the City at any time during the term, or within twenty-four (24) months, or for any longer period required by law, after the termination of this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
6. LICENSES, PERMITS, APPROVALS, FEES:
(a) The Contractor must possess at the time of commencing work and throughout the duration of this Agreement, a Contractor’s License, issued by the State of California, which is current and in good standing. The Contractor shall ensure that any subcontractor working on the Contractor Services possesses at the time of commencing work and throughout the duration of such subcontractor’s work on the Contractor Services, a Contractor’s License, issued by the State of California, which is current and in good standing. The Contractor shall take out and maintain during the life of this Agreement a valid City Business License.
(b) The Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Contractor DocuSign Envelope ID: A4F9D734-9F29-471A-AAA1-8C6E829672C9
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Services prior to commencing work. The Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Contractor Services. The Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the Contractor Services, and shall indemnify, defend and hold harmless the City and City Personnel against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against the City hereunder.
7. INSURANCE AND LIABILITY: The Contractor shall not commence work under this Agreement until it has secured all types and amounts of insurance required under this Section, nor shall it allow any subcontractor to commence work on any subcontract to this Agreement until all similar insurance required of the subcontractor has been obtained. Without limiting the Contractor’s indemnification obligations, the Contractor shall procure and maintain, at its sole cost and for the duration of this Agreement, insurance coverage as provided below, against all claims for injuries against persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. In the event that the Contractor subcontracts any portion of the work, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section. (a) Insurance Coverage Required: The policies and amounts of insurance required hereunder shall be as follows:
(i) Commercial General Liability (including premises and operations, contractual liability, personal injury, death, and independent contractor liability):
Not less than Three Million Dollars ($3,000,000.00) per occurrence. (ii) Automobile Liability (including owned, non-owned, leased, and hired autos): One Million Dollars ($1,000,000.00), combined single limit, per occurrence for bodily injury, death, and property damage. (iii) Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for the Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, the Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. (iv) Umbrella or Excess Liability Insurance that will provide bodily injury, personal injury, death, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
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• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(b) Contractor’s Insurance General Requirements:
(i) All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (ii) Commercial General Liability, Automobile Liability, and Employer’s Liability shall name the City, and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers (collectively hereinafter “City and City Personnel”) as additional insureds and contain no special limitations on the scope of protection afforded to the City and City Personnel. All insurance provided hereunder shall include the appropriate endorsements.
(iii) All insurance policies shall be primary insurance and any insurance or self-insurance maintained by the City and/or City Personnel shall be in excess of the Contractor’s insurance and shall not contribute with it. (iv) All insurance policies shall be “occurrence” rather than “claims made” insurance.
(v) All insurance policies shall apply separately to each insured against whom a claim is made or suit brought, except with respect to the limits of the insurer’s liability.
(vi) All insurance policies shall be endorsed to state that the insurer shall waive all rights of subrogation against the City and City Personnel. (vii) All insurance policies shall be written by good and solvent insurer(s) admitted to do business in the State of California and approved in writing by the City.
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(viii) All insurance policies shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the City by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
(ix) All insurance policies shall state that the City shall not be liable for the payment of premiums or assessments under the policy. (x) Insurance policies shall not contain any limiting provision or endorsement that has not been submitted to the City for approval. By way of example, additional insured endorsements shall not be limited to “ongoing operations,” exclude contractual liability, restrict coverage to the “sole” liability of the Contractor, or contain any other limitation contrary to this Agreement. (c) Deductibles: Any deductibles or self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved in writing by the City. (d) Evidence of Coverage: The Contractor shall furnish the City with certificates of insurance demonstrating the coverage required by this Agreement which shall be received and approved by City not less than five (5) working days before work on the Contractor Services commences. At least thirty (30) days prior to the expiration of any policy of insurance required under this Agreement, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with the City. (e) Workers Compensation Insurance: The Contractor shall file with City the following signed certification:
“I am aware of, and will comply with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to City before execution of the Agreement.”
In the event the Contractor has no employees requiring the Contractor to provide Workers’ Compensation Insurance, the Contractor shall so certify to the City in writing prior to the City’s execution of the Agreement. The City and City Personnel shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section or with the provisions of law relating to workers’ compensation. (f) Default of Insurance Requirements: In addition to any other remedies at law or equity the City may have if the Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time required by this Section, the City may, at its sole option, exercise any of the following remedies, which are DocuSign Envelope ID: A4F9D734-9F29-471A-AAA1-8C6E829672C9
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alternatives to other remedies the City may have and are not the exclusive remedy for the Contractor’s breach: (1) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; (2) that becomes due to the Contractor hereunder, or both, until the Contractor demonstrates compliance with the insurance requirements herein; and/or (3) Immediately terminate this Agreement.
8. INDEMNIFICATION:
(a) The Contractor shall indemnify, defend with legal counsel approved by the City, and hold harmless the City, City Personnel from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature (“Claims”) arising out of or in connection with the Contractor ‘s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to Claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
(b) The Contractor’s obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by the City or City Personnel. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of the City, provided such active negligence is determined by agreement between the Parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. (c) The Contractor hereby authorizes the City to deduct from any amount payable to the Contractor (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate the City for any losses, costs, liabilities, or damages suffered by the City, and all amounts for which the City may be liable to third parties, by reason of the Contractor’s negligent acts, errors, or omissions, or willful misconduct, in performing or failing to perform the Contractor’s obligations under this Agreement. The City in its sole and absolute discretion, may withhold from any payment due to the Contractor, without liability for interest, an DocuSign Envelope ID: A4F9D734-9F29-471A-AAA1-8C6E829672C9
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amount sufficient to cover such claim. The failure of the City to exercise such right to deduct or withhold shall not act as a waiver of the Contractor’s obligation to pay the City any sums the Contractor owes the City.
9. OBSERVING LAWS AND ORDINANCES: The Contractor shall keep itself fully informed of all existing and future state and federal laws and all county and City ordinances and regulations which in any manner affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in this Agreement in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the City Representative in writing.
The Contractor shall at all times observe and comply with and shall cause all its agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees, and shall protect, indemnify, hold harmless, and defend to the fullest extent permitted by law the City and City Personnel, and the City Representative, and all of their respective officers, employees, and representatives against any claim or assertion of liability, or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by the Contractor or by its agents, representatives, employees, or subcontractors.
10. NON-DISCRIMINATION: The Contractor shall not discriminate against any employee or applicant for employment because of any impermissible classification pursuant to Federal or State law, including, but not limited to, race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The Contractor shall incorporate the foregoing provisions in all subcontracts..
11. PATENTED AND COPYRIGHTED MATERIALS: The Contractor shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used or incorporated in the services or work performed by the Contractor under this Agreement. Pursuant to Section 8 herein, the Contractor shall indemnify, defend (with legal counsel acceptable to the City), and hold the City and City Personnel harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.
12. PREVAILING WAGE REQUIREMENTS:
(a) Public Work: The Contractor hereby expressly acknowledges and agrees that the City has never previously affirmatively represented to the Contractor, its employees or agents in writing or otherwise that the work to be covered under this Agreement is not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the project, including, without limitation, any public work (as defined by applicable law), if any, the Contractor shall bear all risks of payment or nonpayment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, the City will enforce all penalties required by law for the Contractor’s failure to pay prevailing wages.
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(b) Labor Code of California: The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, the City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022- 1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with the City’s principal office and are available to any interested party on request. The Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) The Contractor is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said section. Pursuant to Labor Code Section 1771.4, the Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810 it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
(v) Pursuant to Labor Code Section 1813, it is stipulated hereby that the Contractor shall, as a penalty to the City, forfeit $25 for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. (vi) The Contractor is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that the Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-Contractors or subcontractors employed by him or her in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that the Contractor shall, as a penalty to the City, forfeit not more than $200 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates DocuSign Envelope ID: A4F9D734-9F29-471A-AAA1-8C6E829672C9
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as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Contractor Services by the Contractor or any subContractor or subcontractor. (c) Bidding Eligibility: Pursuant to Labor Code Section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.
(d) DIR Monitoring: Pursuant to Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
13. CONFLICTS OF INTEREST:
(a) City Personnel. No City Personnel shall have any financial interest, direct or indirect, in this Agreement, or participate in any decision relating to this Agreement that affects his or her financial interest or the financial interest of any corporation, partnership, association or other entity in which he or she is interested, in violation of any federal, state or city statute, ordinance or regulation. The Contractor shall not employ any such person while this Agreement is in effect.
(b) Contractor. The Contractor represents, warrants and covenants that he, she or it presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of the Contractor’s obligations and responsibilities under this Agreement. The Contractor further agrees that while this Agreement is in effect, the Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of the Contractor’s obligations and responsibilities under this Agreement. The Contractor acknowledges that pursuant to the provisions of the Political Reform Act (Government Code section 87100 et seq.), the City may determine the Contractor to be a “consultant” as that term is defined by the Act. In the event the City makes such a determination, the Contractor agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by the City. In such event, the Contractor further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by the City.
14. NO UNDUE INFLUENCE: The Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City shall receive compensation, directly or indirectly, from the Contractor, or from any officer, employee, or agent of the Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. The Contractor further warrants that it has not employed or retained any company or person other than a bona fide employee working for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other DocuSign Envelope ID: A4F9D734-9F29-471A-AAA1-8C6E829672C9
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consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
15. ASSIGNMENT: The Contractor shall not assign, hypothecate, or otherwise transfer this Agreement or any portion hereof, without first obtaining the written consent of the City. If such an assignment, hypothecation, or transfer is made or attempted by the Contractor, the assignment, hypothecation, or transfer shall be void; and the City, at its sole option, may terminate this Agreement upon the giving of a 24-hour written notice to the Contractor of such termination.
16. PERFORMANCE: If the Contractor should neglect to prosecute the work to the City’s satisfaction, or, in the City’s reasonable discretion, fail to perform any provisions of this Agreement, the City, after five (5) days written notice to the Contractor, may without prejudice to any other remedy the City may take appropriate action, including but not limited to any of the following: (1) meeting with the Contractor, its agents or subcontractors to review the quality of the work and resolve matters of concern; (2) requiring the Contractor to have the work repeated at no additional fee until it is satisfactory; (3) withholding payment of the City’s compensation to the Contractor for any unsatisfactory work performed; (4) suspending delivery of work to the Contractor for an indefinite time; (5) making good such deficiencies and deducting the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the City Representative shall approve such action and certify the amount thereof to be charged to the Contractor; and/or (6) terminating this Agreement. Except as may be expressly set forth in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies or other rights or remedies as may be permitted by law or in equity shall not preclude the exercise by such Party, at the same or different times, of any other rights or remedies to which such Party may be entitled.
17. FORCE MAJEURE: Any time period specified in this Agreement for performance of services shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the City or the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the delaying Party shall within ten (10) days of the commencement of such delay notify the other Party in writing of the causes of the delay (“Force Majeure Event”). If the Contractor is the delaying Party, the City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City such delay is justified. The City’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall the Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused. The Contractor’s sole remedy shall be an extension of this Agreement pursuant to this section. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in the market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder. The current events related to the COVID-19 pandemic are known and shall not constitute Force Majeure Event, DocuSign Envelope ID: A4F9D734-9F29-471A-AAA1-8C6E829672C9
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future impacts of the COVID-19 pandemic may be considered a Force Majeure Event to the extent that they prevent the performance of a Party's obligations under this Agreement.
18. NOT AN AGENT OF THE CITY: The Contractor is an independent contractor.
Except as the City may specify in writing, the Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. This Agreement does not grant to the Contractor any authority, express or implied, to bind the City to any obligation whatsoever.
19. NO BENEFIT TO ARISE TO CITY EMPLOYEES: No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Contractor Services to be performed under this Agreement.
20. PARTY ADDRESSES: Any notice, payment, or instrument required or permitted to be given or delivered by this Agreement may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows, or to such other address provided by a written notice from one party to the other:
If to the City: City of La Palma
7822 Walker Street
La Palma, CA 90623
Attn: Andy Ramirez, Public Works/Community
Services Director
If to the Contractor: Precision Concrete Cutting
13089 Peyton Drive, #C235
Chino Hills, CA 91709
Attn: Run Durna
21. WARRANTY: The Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. The Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, the Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at the Contractor’s sole cost and expense. The Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by the Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, the Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. The Contractor shall DocuSign Envelope ID: A4F9D734-9F29-471A-AAA1-8C6E829672C9
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perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement.
All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by the Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and the Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. This provision may be waived in Exhibit A if the Contractor Services hereunder do not include construction of any improvements or the supplying of equipment or materials.
22. ATTORNEYS’ FEES: In any action or proceeding between the Parties hereto seeking interpretation or enforcement of any of the terms or provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to and recover from the other Party its reasonable attorneys’ fees and other reasonable expenses in connection with such action or proceeding.
23. SEVERABILITY: If any portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, or condition, or provision contained in this Agreement. Upon a determination that any term or provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
24. EXECUTION: The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties.
25. NO WAIVER: No waiver by either Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
26. NO THIRD-PARTY BENEFICIARIES: This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
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27. NON-LIABILITY OF CITY PERSONNEL: No City Personnel shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
28. VENUE: Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted and maintained in the Superior Courts of the State of California in the County of Orange, or in any other appropriate court with jurisdiction in such County, and the Contractor agrees to submit to the personal jurisdiction of such court.
29. SURVIVAL: The terms, provisions, representations and certification contained in this Agreement, or inferable therefrom, shall survive the termination of this Agreement and the payment of the compensation hereinabove provided.
30. SECTION HEADINGS AND SUBHEADINGS: The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
31. INTEGRATION, CONSTRUCTION, AND AMENDMENT: This Agreement contains the entire understanding of the Parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This Agreement shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Parties. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, signed by all the Parties hereto. The City Representative is hereby authorized to approve amendments to this Agreement to the extent permitted by applicable law.
32. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
33. SPECIAL PROVISIONS: Any special provisions applicable to this Agreement are set forth in EXHIBIT “C”, attached hereto and incorporated herein by this reference.
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IN WITNESS WHEREOF, the City Council of the City of La Palma caused the Agreement to be subscribed by its Mayor and said Contractor has executed or caused this Agreement to be executed by its duly authorized officer(s).
CITY OF LA PALMA
By:
Debbie S. Baker
Mayor
ATTEST:
Kimberly Kenney, CMC
City Clerk
CONTRACTOR
By:
Title
APPROVED AS TO FORM:
RUTAN & TUCKER
By:
City Attorney, City of La Palma
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EXHIBIT A
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EXHIBIT A
Scope of Work
The City of La Palma, as a California JPIA member, in accordance with Service Option 4 of the Master Service Agreement executed on February 15, 2023 by and between Precision Concrete Cutting (“Contractor”) and The California Joint Powers Insurance Authority (“Authority”), execute this agreement on May 2, 2023 until May 2, 2028.
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EXHIBIT B
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EXHIBIT B
Budget and Fee Schedule
FIVE-YEAR MAINTENANCE PROGRAM
Hazard Class Small 3/8” to
1/2”
Medium
>1/2” to 1”
Large >1” Lineal Foot
per Location
Square Foot
per Location
Price per
Hazard
$37.00 $74.00 $148.00 5 lin. Feet 25 sq. ft.
CPI Escalation
The fees charged by Precision Concrete Cutting which are expressed as stated dollar amounts in this schedule shall be increased annually commencing on the one-year anniversary date of the Effective Date. Any increase must include written justification such as CPI figures and is subject to approval if it exceeds the annual 3% allowable increase.
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MASTER SERVICE AGREEMENT
This Master Services Agreement (AGREEMENT) made as of this date, February, 15, 2023, by and between Precision Concrete Cutting (“CONTRACTOR”) and The California Joint Powers Insurance Authority (“AUTHORITY”).
This AGREEMENT is created for the sole purpose of establishing an agreed-upon set of services and related costs in order to allow California JPIA members (“MEMBER”) access to professional sidewalk inspection and maintenance services.
Further, this AGREEMENT creates no obligation or expectation that any work will result from this agreement. The CONTRACTOR’s specific services are defined below, and are available to members on as as-needed basis; the exact terms and conditions of such services are to be arranged between CONTRACTOR and MEMBER. MEMBERS are responsible for initiating and requesting any work of CONTRACTOR.
Service Option 1
SIDEWALK ASSESSMENT SERVICES
CONTRACTOR will inspect sidewalks and provide a written inspection report in the format approved by the MEMBER (optional curbs and gutters can be included in the scope of work).
The inspection reports shall include the identification, location, and description of each problem and recommended action to be taken. The format and information required may be changed at the request of MEMBER with the agreement of both parties.
Sidewalk Assessment Fee Schedule
Cost Per
Sidewalk Mile
Total Sidewalk
Miles
Estimated Cost
per Day
Estimated
Man Days
Total Estimate
Assessment Cost
$455.00 TBD $1,000 TBD $ TBD
Sample Services and Responsibilities
1. MEMBER shall provide maps of specified areas to CONTRACTOR.
2. CONTRACTOR shall inspect public right-of-ways designated on the maps.
3. CONTRACTOR shall use current ADA standards and Member standards in determining tripping hazards. These hazards shall include, but not be limited to:
a) Differential displacement between sidewalk sections 3/8 inch or greater b) Spall surfaces, holes in surfaces, and cracks above 1 inch wide or greater c) Deteriorated joints that have an eroded condition and are 1/2 inch wide or greater
4. CONTRACTOR shall record location of damaged sections in a GPS device.
5. Data entered into the GPS device shall be provided in writing to the MEMBER.
6. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identification and description of each problem condition b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident
e. Pictures of damaged areas
f. Priority for repair; high, medium, low
g. Recommended action to be taken.
7. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion.
Service Option 2
SIDEWALK TRIP HAZARD REMOVAL
Hazard Class Small
3/8” to 1/2”
Medium
>1/2” to 1”
Large
>1”
Lineal Foot
per Location
Square Foot
per Location
Price per Hazard $31.00 $62.00 $125.00 5 lin. feet 25 sq. ft.
CONTRACTOR shall be paid a fee for specialized trip-hazard repair service on lifted sidewalk with a difference in vertical elevation above ¼” to 2 ½”.
The fee paid to CONTRACTOR for trip-hazard removal shall be charged on a cost per hazard category per 5 lineal feet location. A removal of a trip hazard greater than 5 lineal feet shall be charged incremental cost per 5 feet location for the hazard class as follows:
Example: A less severe hazard (3/8” to 1/2” high) that is 7 lineal feet long shall be charged 2 locations (7 lineal feet = 5 feet + 2 feet) = $31 x 2 locations = $62.00 Sample Services and Responsibilities
1. CONTRACTOR shall repair sidewalk trip hazards above ¼” and up to 2 ½” in designated work areas as determined by the MEMBER.
2. CONTRACTOR shall remove hazards completely, from one end of the raised sidewalk joint to the other, if applicable, leaving a zero point of differential between slabs.
3. CONTRACTOR shall not cause any damage to landscaping, trees, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks. If CONTRACTOR and/or CONTRACTOR’s equipment does cause damage to above, the MEMBER must
be notified immediately and damages must be repaired at the CONTRACTOR’s expense within 24 hours of the time the damage occurred.
4. CONTRACTOR shall completely and immediately clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost and not paid for separately.
5. CONTRACTOR shall repair each sidewalk trip hazard without damage to adjacent slab(s) or curb(s).
6. CONTRACTOR shall cut dry with dust abatement mechanism. No water-cooling is allowed, which creates slurry and contaminates storm drains or causes excessive environmental impact.
7. CONTRACTOR shall submit an itemized summary of all repaired hazards which includes:
a. The specific hazard height – both high side and low side measurement – in 8ths of an inch
b. The actual length of the repair to the nearest ½ foot c. The total width of actual repair to the nearest ½ foot d. The square feet of the effective panel from joint to nearest joint or score line e. The calculated unit for measurement shall be the square foot of the effected panel f. The physical location (address) of each repair
g. Pictures of each repair as requested
h. Itemized cost of each repaired trip hazard
8. CONTRACTOR shall submit a detailed invoice setting forth the services performed, in accordance with the formula for saw-cutting calculations. All invoices must show the cut depth, size, length, width, square feet, address, the number of locations, and the date repaired for each hazard removal.
The billing unit for invoice calculation shall be the number of locations where one (1) location is up to 5 lineal feet.
9. CONTRACTOR shall guarantee specified repair slope (1:12 or 1:8 based upon requirements outlined by the Americans with Disabilities Act) is achieved. If defined slope is not achieved, CONTRACTOR must repair to specification at no additional charge within 24 hours of discovery.
10. CONTRACTOR shall guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a co-efficient of friction of at least 0.6.
11. Method of trip-hazard removal shall entail precise saw-cutting performed with hand-held, electric-powered equipment, using a machined hub and flush-mounted, diamond-tipped blades. Must be capable of cutting at any angle and perform trip-hazard removal in hardto-reach areas, around obstacles, on narrow walkways, and next to fences and retaining walls or buildings.
12. CONTRACTOR shall make its best effort to notify residents 3 days in advance of any work and schedule the operations so as to cause a minimum of interruption, interference or disturbance to the operation of stores, businesses, office buildings, hotels, churches, etc., and allow access by pedestrians and emergency, delivery and service vehicles at all times.
Sidewalk repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use.
13. CONTRACTOR shall take precautions during saw-cutting operations not to disfigure, scar, or impair the health of any tree on public or private property.
Service Option 3
SIDEWALK ASSESSMENT AND TRIP HAZARD REMOVAL
Hazard Class Small
3/8” to 1/2”
Medium
>1/2” to 1”
Large
>1”
Lineal Foot
per Location
Square Foot
per Location
Price per Hazard $37.00 $74.00 $148.00 5 lin. Feet 25 sq. ft.
See sample services and responsibilities under respective sections in Service Option 1 and Service Option 2.
Service Option 4
FIVE-YEAR MAINTENANCE PROGRAM
Hazard Class Small
3/8” to 1/2”
Medium
>1/2” to 1”
Large
>1”
Lineal Foot
per Location
Square Foot
per Location
Price per Hazard $37.00 $74.00 $148.00 5 lin. Feet 25 sq. ft.
Sample Sidewalk Survey Services and Responsibilities
1. CONTRACTOR shall perform annual, semi-annual, or quarterly sidewalk inspection as determined by the scope of services to be defined by terms mutually set between the MEMBER and CONTRACTOR.
2. CONTRACTOR shall specify problems and recommend action to be taken.
3. CONTRACTOR shall prioritize the areas and problems to be resolved.
4. CONTRACTOR shall identify repairs to be accomplished by saw cutting.
5. CONTRACTOR shall identify spall surfaces, holes in surfaces, and cracks above 1” wide or greater.
6. CONTRACTOR shall recommend areas to be demolished and replaced.
7. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identification and description of each problem condition
b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident
e. Pictures of damaged areas
f. Priority for repair; high, medium, low
g. Recommended action to be taken.
h. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion.
Sample Sidewalk Trip Hazard Removal Services and Responsibilities
1. CONTRACTOR shall make repairs and recommendations to achieve the lowest overall cost to the MEMBER.
2. CONTRACTOR shall remove the existing trip hazards by saw cutting changes in elevation between adjacent panels from above ¼ inch up to 2 ½ inches in height as specified in the scope of work defined by mutually set terms between the MEMBER and CONTRACTOR.
3. The MEMBER shall set a fixed budget “not to exceed” per month, per quarter, or per year.
4. CONTRACTOR shall provide in-depth report, audit-able for maintenance and risk management
Sample Remove/Replacement Survey Reporting Services and Responsibilities
1. CONTRACTOR shall survey and report all areas not recommended for saw cutting.
2. CONTRACTOR shall identify remove and replacement locations to maximize the repair of locations that truly need to be replaced.
3. CONTRACTOR shall provide a written report that identifies the location, length, width, and square foot measurement of the effected panels to be replaced.
4. CONTRACTOR shall provide GPS locations, maps and photographs of areas recommended for removal and replacement.
5. CONTRACTOR shall provide monthly an in-depth report, audit-able for maintenance and risk management.
Bonding Requirements
Direct cost associated with any specific bonding requirements beyond the required Contractors License Bond including the cost of Performance Bond, Payment Bond, or any other additional bonding requirements are not included in the fee schedule listed above and will be added to the cost of the project.
CPI Escalation
The fees charged by Precision Concrete Cutting which are expressed as stated dollar amounts in this schedule shall be increased annually commencing on the one-year anniversary date of the Effective Date. Any increase must include written justification such as CPI figures and is subject to approval if it exceeds the annual 3% allowable increase.
Authorization
CONTRACTOR shall inspect and report only those sidewalk conditions andtriphazards as specified in the performance in this AGREEMENT, and therefore makes no representation that other trip hazards outside the scope of work have been identified. CONTRACTOR shall not be responsible for conditions outsidethecontrol of CONTRACTOR that havechanged after completion ofthe inspections due to tree roots, water, settling, and other causes, and shall not be liable for any claims, losses, or damages arising from known or unknown trip hazards. Additionally, CONTRACTOR shall carry out authorized remediation and repair work asspecified in the performance ofthis AGREEMENT, and based on locations either identified through theirinspection process or identified separately fromthe CONTRACTOR'S inspection process. CONTRACTOR shall be responsible for removal of all trip hazardsthat have been identified and authorized through the performance ofthis AGREEMENT. CONTRACTOR shall not be responsible fortrip hazards that arise after completion of the remediation and repair work asspecified in the performance ofthis AGREEMENT due to conditions outside the control of the CONTRACTOR, such astree roots, water, settling, and other causes.
FOR AUTHORITY: FOR CONTRACTOR:
Jonathan Shull Gary Beneduci
NAME NAME
Chief Executive Officer General Manager
TITLE TITLE
________________________________ ________________________________
SIGNATURE SIGNATURE
_____________ _____________
DATE DATE
February 7, 2023 February 7, 2023
Agenda Item No. 13 April 7, 2026 | 1
City of La Palma
Agenda Item No. 13
MEETING DATE: April 7, 2026
TO: City Council
FROM: City Manager
SUBMITTED BY: Joseph Cisneros, Deputy City Manager
Mike Matsumoto, Financial Consultant
AGENDA TITLE: Mid-Year Budget Amended Resolution Amending the Fiscal Year 2025-26 Budget
RECOMMENDED ACTION:
Adopt an amended Resolution amending the Fiscal Year 2025-26 Budget.
SUMMARY:
At the March 3, 2026, meeting, the City Council adopted the FY 2025–26 Mid-Year Budget Adjustments. Upon further review, staff identified that two account balances were inadvertently swapped in the March 3, 2026 adopted resolution, resulting in discrepancies in the mid-year transfers.
Additionally, one Water Fund account included an incorrect budget balance. The corrections are listed below:
• Public Works (001-401-5010-00000 | Salaries – Full-Time): Adjustment of $(15,000) reflecting salary savings from staffing transitions.
• Community Development (001-510-5010-00000 | Salaries – Full-Time): Adjustment of $(10,000) reflecting salary savings from staffing transitions. • Water Fund – Utilities (050-460-6910-00000 | Communications): Increase of $3,200 to account for additional cellular devices supporting utilities communications. The budget beginning balance is $3,090.
These corrections do not impact the overall mid-year budget surplus but are necessary to align financial tracking for audit and accounting purposes. The corrected resolution is included in this report.
FISCAL IMPACT:
The fiscal impact remains unchanged from the March 2026 approval. As discussed, the March 3, 2026, budget amendments reduce the General Fund projected surplus to $13,086 for FY 2025–26. In other funds, the amendments are largely offset by salary savings from departmental staffing transitions, with the exception of $106,200 in median project closeout costs.
Agenda Item No. 13 April 7, 2026 | 2
ATTACHMENTS:
1. Resolution
439883.1
City of La Palma: Resolution No. 2026-XX Page 1 of 3
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PALMA, CALIFORNIA, AMENDING THE FISCAL YEAR 2025-26 ADOPTED
BUDGET
WHEREAS, the City Council did receive information about various adjustments needed to Department and Program budgets in order to correct clerical errors in the Fiscal Year 2025- 26 budget; and
WHEREAS, the proposed amendments to the Fiscal Year 2025-26 budget are enumerated in Exhibit “A” to this resolution; and
WHEREAS, the adopted Fiscal Year 2025-26 Budget will be revised so as to reflect each and all of the amendments which the City Council, up to the time of adoption of this Resolution, believes should be made as per Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of La Palma does hereby resolves as follows:
SECTION 1. The amendments for the Fiscal Year 2025-26 adopted budget as so amended, modified, revised, and corrected including those changes directed by the City Council at the March 3, 2026, and April 7, 2026, Council Meetings, are approved and adopted. In adopting the budget amendments, the City Council hereby approves and instructs the City Manager to implement changes as necessary.
SECTION 2. The budget amendments for the Fiscal Year 2025-26 as now before this City Council and as enumerated in Exhibit “A”, and as amended, modified, revised, and corrected by the City Council and staff, in open session, shall be placed on file in the office of the City Clerk, shall be open to public inspection, and are expressly incorporated in this Resolution and made a part hereof.
SECTION 3. The City Manager is hereby authorized and instructed to take all steps necessary to implement this resolution.
SECTION 4. The City Manager, for the purpose of administrative necessity in implementing the budget, shall have the authority to transfer monies to the appropriate item, account, program, or fund to cover expenditures which have been approved by the City Council, except where such transfer is expressly prohibited in a resolution or ordinance approved by the City Council such as utility replacement funds.
439883.1
City of La Palma: Resolution No. 2026-XX Page 2 of 3
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and shall affix their signature and City Seal and that same shall be entered into the Book of Resolutions.
APPROVED AND ADOPTED by the City Council of La Palma at a Regular Meeting on the 7th day of April, 2026.
____________________________
Nitesh P. Patel
Mayor
ATTEST:
_________________________
Norma I. Alley, MMC
City Clerk
439883.1
City of La Palma: Resolution No. 2026-XX Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF LA PALMA )
I, NORMA I. ALLEY, MMC, City Clerk of the City of La Palma, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of said City at a regular meeting of said City Council held on the 7th day of April, 2026, and that it was so adopted by called vote as follows:
AYES:
NOES:
_______________________________
Norma I. Alley, MMC
City Clerk
Fiscal Year 2025-26 Budget Adjustments Exhibit A
Item Description Adopted Budget Budget Adjustment Amended Budget Justification General Fund (001)
REVENUES
001 100 4010-00000 Property Tax-Secured Current 2,769,000 9,000 2,778,000 Updated revenue estimate 001 100 4014-00000 Property Tax-VLF In-Lieu 1,992,000 28,000 2,020,000 Updated revenue estimate 001 200 4250-00000 Miscellaneous Grants - 41,700 41,700 PD Readboard Grant Reimbursement 001 500 4100-00000 Business Licenses 250,000 50,000 300,000 Updated revenue estimate 001 500 4610-00000 Rental Income 105,000 (21,000) 84,000 Reduction for cell site lease continued delay 001 500 4613-00000 Annual Display Sign Fee 337,200 (125,000) 212,200 Reduction for billboard continued delay TOTAL GENERAL FUND REVENUES 15,442,300 (17,300) 15,425,000
EXPENDITURES
Management Services
001 110 6000-00000 Professional Services - CM Recruitment 5,900 20,000 25,900 CM Recruitment Contract Rollover from FY 25 to FY 26 001 120 5010-00000 Salaries - Full-time 517,645 (35,000) 482,645 Salary savings from department staffing transitions 001 120 6000-00000 Professional Services - Goal Setting Consultant 50,000 (30,000) 20,000 Savings from Council Goal Setting Consulant Budget 001 130 6010-00000 Legal Services 120,000 22,000 142,000 Increase in Legal Services 001 130 6016-00000 Personnel Attorney Services 5,000 28,000 33,000 Increase in Personnel Legal Services 001 150 6000-00000 Professional Services - Records Management Policy Update 5,500 13,000 18,500 Actual costs for Records Management Consultant/Contract Administrative Services
001 140 5010-00000 Salaries - Full-time 108,604 (5,000) 103,604 Salary savings from department staffing transitions 001 170 5200-00000 Special Pay - Hiring Bonuses PD 900 13,000 13,900 Side Letter w/ LPPA reinstating the Hiring Bonuses 001 180 5010-00000 Salaries - Full-time 34,013 (5,000) 29,013 Salary savings from department staffing transitions Police Department
001 210 5010-00000 Salaries - Full-time 295,526 (10,000) 285,526 Salary savings from department staffing transitions 001 240 6040-00000 Computer Software Support 1,500 8,000 9,500 Server Upgrade 001 260 5010-00000 Salaries - Full-time 426,201 (5,000) 421,201 Salary savings from department staffing transitions Public Works
001 401 5010-00000 Salaries - Full-time 212,371 (15,000) 197,371 Salary savings from department staffing transitions Community Development
001 510 5010-00000 Salaries - Full-time 51,545 (10,000) 41,545 Salary savings from department staffing transitions 001 510 6000-00000 Professional Contract Services - CD Consultant 25,000 10,000 35,000 Actual costs for CD Consultant/Contract Community Services
001 340 6000-34030 Professional Contract Services - FON 36,600 40,000 76,600 FON April 2025 Rescheduled to Sept. 2025 001 340 6530-34030 Advertising - FON 500 100 600 FON April 2025 Rescheduled to Sept. 2025 001 340 6540-34030 Printing & Reproduction - FON 1,500 1,000 2,500 FON April 2025 Rescheduled to Sept. 2025 001 340 7130-34030 Equipment Rental & Supplies - FON 9,050 10,450 19,500 FON April 2025 Rescheduled to Sept. 2025 001 340 7330-34030 Special Dept Supplies-FON 1,500 2,500 4,000 FON April 2025 Rescheduled to Sept. 2025 Subtotal General Fund Expenditure Adjustments 14,864,364 53,050 14,917,414
TRANSFERS OUT
035 300 4951-00000 Capital Outlay Reserve 350,000 - 350,000 037 300 4951-00000 Civic Center Replacement Fund 50,000 - 50,000 025 255 4951-00000 LP Public Safety Grant 94,500 94,500 TOTAL TRANSFERS OUT 494,500 - 494,500
FY 2025-26 Surplus (Deficit) - General Fund CURRENT BUDGET PROPOSED AMENDED BUDGET Revenues 15,442,300 15,425,000
Expenditures (14,864,364) (14,917,414)
Transfer Out (494,500) (494,500)
FY 2025-26 Surplus (Deficit) - General Fund 83,436 13,086 UNASSIGNED GENERAL FUND BALANCE as of June 30, 2025 3,123,012 ACFR issued 12/2025 Page 1 of 2
Fiscal Year 2025-26 Budget Adjustments Exhibit A
Item Description Adopted Budget Budget Adjustment Amended Budget Justification OTHER FUNDS (Non-General)
REVENUES
NONE - no proposed revenue adjustments in other funds
Total Other Funds Revenue Adjustments -
EXPENDITURES
Housing Fund (038)
038 710 5010-00000 Salaries - Full-time 57,545 (15,000) 42,545 Salary savings from department staffing transitions 038 710 6000-00000 Professional Contract Services - CD Consultant 100,000 15,000 115,000 Actual costs for CD Consultant/Contract Median Project Funding
035 900 8134-00000 Median Rehabilitation Project - COR/Grant - 106,200 106,200 Median project closeout costs Water Fund (050)
050 430 5010-00000 Salaries - Full-time 156,407 (11,400) 145,007 Salary savings from department staffing transitions 050 450 7100-00000 Pump & Well Repair 15,300 10,200 25,500 Increase cost of pump replacement 050 460 6910-00000 Communications 3,090 3,200 6,290 Increase in cellular devices for utilties communications Sewer Fund (052)
052 480 5010-00000 Salaries - Full-time 92,528 (2,000) 90,528 Salary savings from department staffing transitions Total Other Funds Expenditure Adjustments 106,200
Agenda Item No. 14 April 7, 2026 | 1
City of La Palma
Agenda Item No. 14
MEETING DATE: April 7, 2026
TO: City Council
FROM: City Manager
SUBMITTED BY: Norma I. Alley, City Clerk
Ajit S. Thind, City Attorney
AGENDA TITLE: Presentation on SB 707: Brown Act Changes, Teleconference Disruption Policy, and Video Conferencing Equipment Installation RECOMMENDED ACTION:
Staff is recommending the following actions:
1. Receive an update on Senate Bill (SB) 707 (2025) and changes to the Ralph M. Brown Act (Brown Act);
2. Adopt City Council Policy No. 9: Disruption of Telephonic or Internet Service During Meetings; and
3. Direct the City Manager to return to a future Council Meeting with options for installing video conferencing equipment in the City Council Chambers.
BACKGROUND:
During the 2025 Legislative Session, SB 707 was enacted when Governor Newsom signed the bill into law on October 3, 2025, which amended the Brown Act (Government Code Section 54953.4).
SB 707 represents a significant revision of the Brown Act, which governs public meetings of local government bodies in California. The legislation is intended to enhance transparency, accessibility, and public participation by strengthening rules governing remote participation in meetings, requiring comprehensive language access for non-English speakers, and formalizing procedures to address disruptions during meetings.
While SB 707 grants local agencies greater flexibility, particularly with respect to remote participation, it also introduces new and significant requirements.
As required by SB 707, a copy of the League of California Cities' Guide to the Brown Act and SB 707 was provided to the City Council in hard copy and electronically in December 2025. In addition, a copy of the 2026 City Council Meeting Dates Schedule was provided in hard copy to the City Council and posted on the public bulletin boards.
Below is a summary of key provisions with notable changes under SB 707, along with their implications for La Palma.
Agenda Item No. 14 April 7, 2026 | 2
1. Definition of “Eligible Legislative Bodies”:
Applies to City Councils with populations of ≥ 30,000 or City Councils in counties with populations of ≥ 600,000. La Palma City Council meets this criteria as it is in a County with ≥ 600,000, thereby subject to the enhanced transparency requirements outlined in the statute.
2. Two-Way Remote Attendance and Disruption Procedures for Eligible Legislative Bodies SB 707 requires “eligible legislative bodies” (starting July 1, 2026, through January 1, 2030) to offer two-way public access for meetings via telephonic or audiovisual platforms (e.g. Zoom), unless the meeting qualifies for an exemption.
Prior to July 1, 2026, local agencies must also adopt as a regular agenda item (cannot be on the Consent Calendar), a policy for disruptions to telephonic or internet services. This policy must include the following:
• If there's a service disruption during a meeting, the body must recess and make a good-faith effort to restore service.
• The recess must last at least one hour (or until service is restored, whichever occurs first). • If the disruption cannot be resolved, the City Council must adopt a finding by roll call vote confirming that good-faith efforts were made to fix the issue and that resuming the meeting serves the public interest more than delaying it further. • The bill allows a legislative body or its presiding officer (Mayor) to also remove or limit participation from individuals engaging in disruptive behavior, regardless of whether the individual is attending in-person or via two-way audiovisual or telephonic services.
SB 707 strengthens the City Council’s authority to remove or limit participation by disruptive individuals in both in-person and remote meetings with amendments to the existing Brown Act sections to explicitly allow removal of people disrupting remote (teleconferenced) meetings.
In addition to the above mandates related to two-way participation, SB 707 also reorganizes and expands teleconferencing rules and extends certain provisions from Assembly Bill (AB) 2449 (2022) until January 1, 2030. SB 707 changes are as follows:
• New sections added (Government Code Sections 54953.8 through 54953.8.7) to provide alternative teleconferencing options, beyond the “traditional” Brown Act rules for certain bodies.
• “Just Cause” remote participation is expanded to now include reasons such as caregiving, illness, family emergencies, military service, etc.
• Removes the AB 2449 requirement to approve remote participation when a Council Member is absent for "Just Cause".
• Changes AB 2449's annual limit to two meetings annually for "Just Cause" participation per Council Member, because La Palma's meetings are regularly scheduled for once a month or less. Other limits apply if the body meets more frequently per month on a regular basis. • Video of the Council Member and Council Chambers must be visible by the public, but does not require audiovisual participation; telephonic participation is sufficient public participation. • The emergency meeting exception (when there’s a proclaimed state or local emergency) is preserved and expanded to allow for, under certain conditions, a body may meet entirely remotely without a physical in-person location.
Agenda Item No. 14 April 7, 2026 | 3
For City Council Members with disabilities, remote participation is codified as a reasonable accommodation:
• The Council Member must use both audio and video (unless exception is required). • Must disclose whether others (18+ years of age) are present in their remote location and the nature of their relationship to them.
• Their attendance counts toward a quorum, as if they were physically present. • Video of the Council Member and Council Chambers must be visible by the public, but does not require audiovisual participation; telephonic participation is sufficient public participation.
For La Palma, these changes mean all Special and Regular City Council meetings will become more accessible to the public. Residents will be able to participate remotely via phone or video, and Council Members may join meetings remotely under certain circumstances, including illness, caregiving, or emergencies.
As noted before, the City Council must also adopt a formal policy to handle technical disruptions, ensuring meetings can pause and resume fairly if internet or phone service fails. Attached is a draft policy for the City Council’s consideration.
3. Language Access and Public Outreach
From July 1, 2026, to July 1, 2030, certain legislative bodies must translate their meeting agendas into any language spoken by 20% or more of the local population that speaks English less than “very well,” based on the American Community Survey data. The City of La Palma does not have any languages that meet the 20% threshold; Korean has the highest population at 12.1%.
Local agencies must also take reasonable steps to help increase participation from underrepresented groups, including people who do not speak English very well. This can include working with community organizations, sharing agendas and documents online, and helping people who bring their own interpreters (such as giving them space or allowing extra time for interpretation).
Any webpages about public meetings must also be translated into languages spoken by at least 20% of the applicable population that speaks English less than “very well,” according to American Community Survey data. This is not applicable to the City of La Palma, as there are no languages that meet the 20% threshold.
Agencies must provide a bulletin board or something similar in a freely accessible physical location, close to where the agenda is posted, where the public can post their own translated versions of the agenda. This is scheduled for installation by June 30, 2026.
This bill will now require the City of La Palma to take specific actions to encourage residents to participate in public meetings, including:
• Provide a system for electronically accepting and fulfilling requests for meeting agendas. This is satisfied through the City’s online “Notify Me” system. • Make reasonable efforts to invite groups that do not traditionally participate in public meetings to attend those meetings, such as outreach to media organizations serving non-Englishspeaking communities or civic engagement organizations. The legislative body has broad discretion to implement these efforts.
• Have an accessible internet webpage dedicated to information concerning public meetings and how members of the public may participate, including a link to the page on the agency’s
Agenda Item No. 14 April 7, 2026 | 4
home page. This requirement has been met by having a prominent link to “City Council Agendas” on the home page. The City Council Agendas webpage lists the City Council’s meetings and upcoming meetings.
4. Social Media/Communications
SB 707 removes the sunset on existing Brown Act provisions (Government Code Section 54952.2) allowing legislative body members to communicate with each other via internet-based social media, so long as they don’t deliberate or coordinate decisions among themselves on those platforms.
Members must also refrain from interacting with (liking, commenting, sharing, etc.) posts made by fellow legislative body members regarding items within the subject matter jurisdiction of the legislative body.
SUMMARY/NEXT STEPS:
By July 1, 2026, the City of La Palma will need to provide public participation in City Council Meetings via telephonic or video participation. Staff is currently looking at meeting this requirement through the use of Zoom Webinar.
While this meets the new Brown Act requirement for public participation, the City of La Palma will still have requirements for the public to view the City Council via a video stream if a City Council Member participates through “Just Cause” or for an ADA accommodation. In addition, staff anticipates that, in the future, the Legislature will ultimately mandate that city councils provide video feeds of their meetings. Therefore, staff recommends the City install video conferencing equipment in the City Council Chambers and requests that the City Council direct the City Manager to return to a future Council Meeting with options for installing video conferencing equipment in the City Council Chambers.
In addition, the City Council is required to adopt a Disruption of Telephonic or Internet Service During Meetings Policy before July 1, 2026. Attached is a draft of City Council Policy No. 9 for the City Council’s consideration for adoption.
FISCAL IMPACT:
There is no direct cost associated with the recommended Council action; however, additional costs are anticipated to fully comply with SB 707. These costs will be included in the Fiscal Year 2026-27 budget and presented to the Council later this year.
ATTACHMENTS:
1. Draft Council Policy No. 9: Disruption of Telephonic or Internet Service During Meetings
CITY OF LA PALMA
COUNCIL POLICY
NUMBER: 9
DATE (Adopted/Amended): April 7, 2026
SUBJECT: Disruption of Telephonic or Internet Service During Meetings Background
Senate Bill 707 (Chapter 327, Statutes of 2025) amended the Ralph M. Brown Act (Brown Act) to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from participating remotely.
Purpose
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City of La Palma City Council, as required by the Brown Act (Government Code section 54953.4). The policy ensures transparency, public participation, and the continuation of meetings during technological disruptions.
Definitions
“Service Disruption” means any failure, outage, or other interruption to the agency’s remote access services that prevents members of the public from participating in the City Council meeting through the remote access service.
“Disrupting” means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following:
1. A failure to comply with reasonable and lawful regulations adopted by City Council; or
2. Engaging in behavior that constitutes use of force or a true threat of force. “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings. “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service.
Council Policy No. 9
Disruption of Telephonic or Internet Service During Meetings
“Two-way telephonic platform” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
Applicability
This policy applies to all open and public meetings of the City Council at which remote public participation is offered or required under the Brown Act. Consistent with the Brown Act, this policy shall not apply to the following meetings:
1. Meetings held to attend a judicial or administrative proceeding to which the City of La Palma is a party.
2. Meetings held to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property.
3. Meetings held to meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the City of La Palma and over which the federal, state, county, or other local officials have jurisdiction.
4. Meetings held to meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility.
5. Meet in an emergency situation pursuant to Government Code section 54956.5.
Response to Service Disruption
If the Mayor, or presiding officer, becomes aware of a service disruption:
1. The Mayor, or presiding officer, shall immediately announce the service disruption to the public.
2. The Mayor, or presiding officer, shall call for a recess of the open session and may convene the City Council in closed session, consistent with the Brown Act.
3. The meeting shall remain in recess for at least one hour or until service is restored, whichever occurs first.
4. During the recess, agency staff shall make a good faith effort to diagnose and restore the disrupted service.
Reconvening the Open Session
After the expiration of the hour, if service has not been restored, the Mayor, or presiding officer, shall report on the status of staff’s efforts to restore remote access services, and the City Council may reconvene to:
1. Adjourn the meeting;
2. Extend the recess to allow staff more time to make a good faith effort to restore remote access services; or
3. Continue the meeting in open session by adopting, by roll call vote, the following or a substantially similar finding:
Council Policy No. 9
Disruption of Telephonic or Internet Service During Meetings
“The City of La Palma has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”
Upon adoption of the finding, the City Council may continue the meeting in open session despite the fact that remote access services have not been restored.
Recordkeeping
The Clerk shall enter a brief statement into the meeting minutes, including:
• The nature and time of the service disruption;
• The time the meeting was reconvened (if applicable);
• Any finding adopted pursuant to Section “Reconvening the Open Session”.
Response to Members of the Public Disrupting a Meeting
If the Mayor, or presiding officer, becomes aware of a member of the public who is attending the meeting through remote access services and is disrupting in a manner that impedes the orderly conduct of the meeting or prevents other members of the public from attending or observing the meeting remotely or in-person:
1. The Mayor, or presiding officer, shall warn the person who is participating through remote access services that they are disrupting the meeting and failure to cease that behavior may result in their removal.
2. If the person to whom the Mayor, or presiding officer, gave the above warning persists in disrupting the meeting, the Mayor, or presiding officer, may order staff to:
a. mute the individual’s audio feed, if the disruption is auditory; b. turn off the individual’s video feed, if the disruption is visual; or c. remove the individual from the meeting if the preceding paragraphs do not address the disrupting behavior.
Review and Updates
This policy is to be reviewed every two (2) years and may be amended by the City Council at a noticed public meeting in open session and may not be placed on the consent calendar.