Agenda packet, closed session, first session — La Verne City Council, December 18, 2023 (part 1 of 2)

2023-12-18 City Council Agenda
CITY COUNCIL AGENDA DECEMBER 18 2023.PDF
2023-12-18 City Council Agenda Packet
AGENDA PACKET, CORRECTED CC MTG 12-18-23 (1).PDF
Corrected Item 3 For The December 18 City Council Meeting HVAC.PDF

1. Documents:

1.I.

Documents:

1.II.

Documents:

CITY OF LA VERNE CITY COUNCIL AGENDA Tim Hepburn, Mayor g www.cityoﬂaverne.org Wendy Lau, Mayor Pro Tem @ I.” ;, ‘ (909) 596-8726 - Phone Rick Crosby, Council Member I: A V‘E (909) 596-8740 - Fax Steven Frank Johnson. Council Member City Hall COUNCII Chamber 3660 D Street, La Verne. CA Meshal "Kash" Kashifalghita, Council Member Monday, December 18, 2023 Closed Session at 5:30 pm. & Regular City Council Meeting at 6:30 p.m., La Verne City Hall Council Chambers 3660 “D’ Street, La Verne, CA In compliance with the American Disabilities Act, any person with a disability who requires a modification or accommodation to participate in a meeting should contact the City Clerk's Ofﬁce at (909) 596-8726 at least 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month. Individuals can email their comments to the City Clerk's Ofﬁce at citvclerk@citvoﬂaverne.org upto noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for publicviewing. Individuals who wish to share their comments with Council during the meeting may do so by filling out a comment card or raising your hand to request to comment on the current agenda item(s). View the Council meeting via Zoom by visiting www.cityoﬂaverne.org/zoom where you will be automatically redirected to the meeting or call into the meeting via phone 1-669—900-6833 and enter ID: 861 2799 8640 when prompted. Public Comments via Zoom are not accepted at this time. Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments. Council Meeting Decorum: Per the City’s Rules for Decorum, all Speakers and Members of the Audience are to conduct themselves with decorum and not engage in willful conduct which interrupts the meeting or with the orderly conduct of the meeting.

W BQLLQALL Council Member Meshal “Kash” Kashifalghita, Council Member Steven Frank Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.

The Gig Council will meet in a Closed Session for the following: Conference with Legal Counsel - Existing Litigation Pursuant to Government Code § 54956.9 (two cases) - City of Whittier, et al. vs. Los Angeles Superior Court, et al., Los Angeles County Superior Court Case No. 23$TCP03579, and California Pistol and Riﬂe Association, Inc., et al. v. Los Angeles County Sheriff's Department, et al., United States District Court for the Central District of California Case No. 2:23-cv-10169-SPG-ADSx. Public Employee Performance Evaluation - Pursuant to Government Code § 54957(b)(1)- Title: City Manager W W by Phillip Ramirez, US. Army Spc. 5 (E-5)
BQLLQALL Council Member Meshal “Kash” Kashifalghita, Council Member Steven Frank Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.

BBESENIAIIQNﬁ INTRODUCTION AND WELCOME TO THE 19TH UNIVERSITY OF LA VERNE PRESIDENT, DR. PARDIS MAHDAVI RECOGNITlON OF ASSISTANT CITY CLERK LUPE GAETA ESTRELLA After more than 43 years of dedicated and heartfelt service to the City of La Verne, Assistant City Clerk Lupe Gaeta Estrella will be retiring in January. Ms. Gaeta Estrella is a lifetime La Verne resident and throughout her career. has embodied the small-town values and charm that the community is known for. Her genuine desire to serve others and ability to light up a room will be missed around City Hall. The City Council will be honoring Ms. Gaeta Estrella and presenting her with a Proclamation. LVFD STRTEGIC PLAN The La Verne Fire Department, aiming to excel as a comprehensive ﬁre and emergency medical services provider, has ﬁnalized its 5-year workplan. Utilizing data from the 2022 Community Risk Analysis, Standards of Coverage, community surveys, and internal priorities, the department prioritized key activities for efﬁcient and effective implementation. This presentation will offer the Council and La Verne community an overview of these ﬁndings.

AW
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at thistime.) W (All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the City Council or member Of the audience requests separate discussion.) 1. CITY COUNCIL MINUTES Of the study session and regular City Council meeting of December 4, 2023. RECOMMENDATION: That the City Council approve the minutes.

REGISTER OF AUDITED DEMANDS for the following: In the amount of $1 ,555,437.65 dated November 21, 2023, and in the amount of $434,606.33 dated November 29, 2023.

RECOMMENDATION: That the City Councill approve the Register of Audited Demands. AUTHORIZE AGREEMENT WITH SOUTHLAND MECHANICAL, INC FOR HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) SERVICES FOR CITY FACILITIES - This item seeks City Council authorization to enter into an agreement with Southland Mechanical, Inc. for heating, ventilation, and air conditioning (HVAC) services for City facilities. RECOMMENDATION: that the City Council approve an Agreement for heating, ventilation, and air conditioning services with Southland Mechanical, Inc. at prices bid, for an initial term of three years and authorize the City Manager, or designee, to administratively renew for up to two additional one-year extensions.

WARM: 4. ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR CURB RAMP ACCESSIBILITY PROJECT — This action will allocate and appropriate approximately $230,000 Of the Community Development Block Grant to the Curb Ramp Accessibility Project to ensure completion of the project by the December 31, 2023, expenditure deadline. RECOMMENDATION: that the City Council adopt Resolution No. 23-87 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION OF FUNDING TO THE CURB RAMP ACCESSIBILITY PROJECT FOR THE FISCAL YEAR 2023 — 2024," and appropriate $230,000 in Community Development Block Grant funds to the Curb Ramp Accessibility Project.

QIHEBMAIIEBS 5. LEGISLATIVE PLATFORM FOR THE 2024 LEGISLATIVE SESSION - Adoption of the 2024 Legislative Platform will help deﬁne the City’s interests on priority issues and provide a framework for advocacy efforts at the federal, state, and local levels. This item is continued from the December 4, 2023, City Council meeting to allow for additional input. RECOMMENDATION: That the City Council continue the 2024 Legislative Platform discussion to the Tuesday, January 16, 2024, City Council Meeting. . LA VERNE FILM PERMIT PROCESS REVIEW AND CITY COUNCIL DIRECTION ON PROCESS REVISIONS - City of La Verne Municipal Code Title 5, Chapter 5.57, Filming and Video Taping, outlines the process and requirements to obtain a permit to professionally ﬁlm in La Verne. The procedure and requirements for approval can make it difﬁcult for efﬁcient processing and is being reviewed for direction on possible improvements. RECOMMENDATION: That the City Council review the current Municipal Code related to Film Permits and provide Staff direction for procedural improvements. . RESOLUTION APPOINTING CANDIDATES FOR CITY COUNCIL DISTRICTS 2 AND 5 AND CANCELING THE MARCH 5, 2024, GENERAL MUNICIPAL ELECTION — The 2024. General Municipal Election was Monday. November 13, 2023, through Friday, December 8, 2023. One qualiﬁed candidate per open district was nominated for District 2 and 5, respectively. As provided for in Elections Code Section 10229, since there were not more candidates nominated than offices to be ﬁlled, the City Council may cancel the election and appoint the two candidates. RECOMMENDATION: That the City Council: 1. Receive the City Clerk’s Certification that there are no more candidates than offices to be ﬁlled; and, 2. Resolution No. 23-88, titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICE OF MEMBERS OF THE CITY COUNCIL, DISTRICT 2 AND DISTRICT 5, THAT WERE TO BE ELECTED ON TUESDAY. MARCH 5, 2024, AND CANCELING THE ELECTION FOR DISTRICT 2 AND DISTRICT 5.” PUBLIC COMMENTS This is the time set aside for anyone wishing to address the City Council on items within the jurisdiction of the City Council which are not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or placed for discussion at a later date. Please email your public comment to the City Clerk’s Ofﬁce at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. There is a 3-minute time limit on public comments.

W Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended per Assembly Bill 1234. ADJQLLBNMENI THE CITY COUNCIL MEETING SCHEDULED FOR TUESDAY, JANUARY 2, 2024, IS CANCELLED. THE NEXT MEETING OF THE CITY COUNCIL WILL BE TUESDAY, JANUARY 16, 2024 AT 5:30 P.M. WITH A STUDY SESSION/CLOSED SESSION FOLLOWED BY THE REGULAR COUNCIL MEETING AT 6:30 P.M.

RESIDENT INFORMATION UPCOMING EVENTS AND MEETINGS Monday, December 25 - Closed for Christmas Holiday Monday, January 1 - Closed for New Years Day Holiday Tuesday, January 2 - Development Review Committee at City Hall, 9:00 am Wednesday, January 3 - Youth Sports Committee Meeting at City Hall, 6:00 pm Tuesday, January 9 - Active Transportation Committee Meeting at City Hall, 5:00 pm Wednesday, January 10 - Planning Commission Meeting at City Hall, 6:30 pm Tuesday, January 16 - City Council Meeting at City Hall, 5:30 pm Study Session and 6:30 pm Regular Session Wednesday, January 17 - Senior Advisory Committee Meeting at Community Center, 10:00 am Tuesday, January 23 - Youth & Family Action Committee Meeting at City Hall, 6:30 pm LA VERNE LINK MOBILE APP Link to La Verne in seconds with the new La Verne Link mobile app! Through the app, residents can sign up for recreation classes, submit reports, and much more. The app is free and available at the Apple App Store and Google Play Store. Posting Statement: A true copy of this Agenda was posted on December 12, 2023, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflavernebrg.

Table of Contents

City Council Agenda Packet, Monday, December 18, 2023

Agenda 2
Agenda Items

1. City Council Minutes 7

2. Audited Demands 17

3. Southland Mechanical (HVAC) 25

4. Curb Ramp Accessibility Project 123

5. Legislative Platform Continuation 127

6. Film Permit Process 137

7. Adopting Candidates for City Council, Reso 23-88 147

_________________________________________________________________

Monday, December 18, 2023
Closed Session at 5:30 p.m. & Regular City Council Meeting at 6:30 p.m., La Verne City Hall Council Chambers
3660 “D’ Street, La Verne, CA

In compliance with the American Disabilities Act, any person with a disability who requires a modification or accommodation to participate in a meeting should contact the City Clerk’s Office at (909) 596-8726 at least 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.

Individuals can email their comments to the City Clerk’s Office at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing.

Individuals who wish to share their comments with Council during the meeting may do so by filling out a comment card or raising your hand to request to comment on the current agenda item(s).

View the Council meeting via Zoom by visiting www.cityoflaverne.org/zoom where you will be automatically redirected to the meeting or c all into the meeting via phone 1 -669-900-6833 and enter ID: 861 2799 8640 when prompted. Public Comments via Zoom are not accepted at this time.

Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments.

Council Meeting Decorum: Per the City’s Rules for Decorum, all Speakers and Members of the Audience are to conduct themselves with decorum and not engage in willful conduct which interrupts the meeting or with the orderly conduct of the meeting.

CLOSED SESSION – 5:30 p.m.

ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Steven Frank Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.

The City Council will meet in a Closed Session for the following:

Conference with Legal Counsel – Existing Litigation Pursuant to Government Code § 54956.9 (two cases) –
City of Whittier, et al. vs. Los Angeles Superior Court, et al., Los Angeles County Superior Court Case No. 23STCP03579, and
California Pistol and Rifle Association, Inc., et al. v. Los Angeles County Sheriff’s Department, et al., United States District Court for the Central District of California Case No. 2:23-cv-10169-SPG-ADSx.

Public Employee Performance Evaluation - Pursuant to Government Code § 54957(b)(1)- Title: City Manager
REGULAR CITY COUNCIL MEETING – 6:30 p.m.

PLEDGE OF ALLEGIANCE by Phillip Ramirez, U.S. Army Spc. 5 (E-5) ROLL CALL Council Member Meshal “Kash” Kashifalghita, Council Member Steven Frank Johnson, Council Member Rick Crosby, Mayor Pro Tem Wendy Lau, and Mayor Tim Hepburn.

PRESENTATIONS
INTRODUCTION AND WELCOME TO THE 19TH UNIVERSITY OF LA VERNE PRESIDENT, DR. PARDIS MAHDAVI

RECOGNITION OF ASSISTANT CITY CLERK LUPE GAETA ESTRELLA After more than 43 years of dedicated and heartfelt service to the City of La Verne, Assistant City Clerk Lupe Gaeta Estrella will be retiring in January. Ms. Gaeta Estrella is a lifetime La Verne resident and throughout her career, has embodied the small-town values and charm that the community is known for . Her genuine desire to serve others and ability to light up a room will be missed around City Hall. The City Council will be honoring Ms. Gaeta Estrella and presenting her with a Proclamation.

LVFD STRTEGIC PLAN
The La Verne Fire Department, aiming to excel as a comprehensive fire and emergency medical services provider, has finalized its 5-year workplan. Utilizing data from the 2022 Community Risk Analysis, Standards of Coverage, community surveys, and internal priorities, the department prioritized key activities for efficient and effective implementation. This presentation will offer the Council and La Verne community an overview of these findings.

City Council Agenda, December 18, 2023 Page 2

ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
(Any person who wishes to make a brief announcement of a future community event that is open to the public may do so at this time.)

CONSENT CALENDAR
(All items on the Consent Calendar are routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)

1. CITY COUNCIL MINUTES of the study session and regular City Council meeting of December 4, 2023.

RECOMMENDATION: That the City Council approve the minutes.

2. REGISTER OF AUDITED DEMANDS for the following:

In the amount of $1,555,437.65 dated November 21, 2023, and in the amount of $434,606.33 dated November 29, 2023.

RECOMMENDATION: That the City Councill approve the Register of Audited Demands.

3. AUTHORIZE AGREEMENT WITH SOUTHLAND MECHANICAL, INC FOR HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) SERVICES FOR CITY FACILITIES – This item seeks City Council authorization to enter into an agreement with Southland Mechanical, Inc. for heating, ventilation, an d air conditionin g (HVAC) services for City facilities.

RECOMMENDATION: that the City Council approve an Agreement for heating, ventilation, and air conditioning services with Southland Mechanical, Inc. at prices bid, for an initial term of three years and authorize the City Manager, or designee, to administratively renew for up to two additional one-year extensions.

PUBLIC HEARING

4. ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR CURB RAMP ACCESSIBILITY PROJECT – This action will allocate and appropriate approximately $230,000 of the Community Development Block Grant to the Curb Ramp Accessibility Project to ensure completion of the project by the December 31, 2023, expenditure deadline.

RECOMMENDATION: that the City Council adopt Resolution No. 23-87 titled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF

CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

ALLOCATION OF FUNDING TO THE CURB RAMP ACCESSIBILITY PROJECT FOR THE FISCAL YEAR 2023 – 2024,” and appropriate $230,000 in Community Development Block Grant funds to the Curb Ramp Accessibility Project.

City Council Agenda, December 18, 2023 Page 3

OTHER MATTERS

5. LEGISLATIVE PLATFORM FOR THE 2024 LEGISLATIVE SESSION - Adoption of the 2024 Legislative Platform will help define the City’s interests on priority issues and provide a framework for advocacy efforts at the federal, state, and local levels. This item is continued from the December 4, 2023, City Council meeting to allow for additional input.

RECOMMENDATION: That the City Council continue the 2024 Legislative Platform discussion to the Tuesday, January 16, 2024, City Council Meeting.

6. LA VERNE FILM PERMIT PROCESS REVIEW AND CITY COUNCIL DIRECTION ON PROCESS REVISIONS - City of La Verne Municipal Code Title 5, Chapter 5.57, Filming and Video Taping, outlines the process and requirements to obtain a permit to professionally film in La Verne. The procedure and requirements for approval can make it difficult for efficient processing and is being reviewed for direction on possible improvements.

RECOMMENDATION: That the City Council review the current Municipal Code related to Film Permits and provide Staff direction for procedural improvements.

7. RESOLUTION APPOINTING CANDIDATES FOR CITY COUNCIL DISTRICTS 2 AND 5 AND CANCELING THE MARCH 5, 2024, GENERAL MUNICIPAL ELECTION – The 2024, General Municipal Election was Monday, November 13, 2023, through Friday, December 8, 2023. One qualified candidate per open district was nominated for District 2 and 5, respectively. As provided for in Elections Code Section 10229, since there were not more candidates nominated than offices to be filled, the City Council may cancel the election and appoint the two candidates.

RECOMMENDATION: That the City Council:

1. Receive the City Clerk’s Certification that there are no more candidates than offices to be filled; and,

2. Resolution No. 23-88, titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PROVIDING

FOR THE APPOINTMENT TO THE OFFICE OF MEMBERS OF THE CITY COUNCIL, DISTRICT 2 AND DISTRICT 5, THAT WERE TO BE ELECTED ON TUESDAY, MARCH 5, 2024, AND CANCELING THE ELECTION FOR DISTRICT 2 AND DISTRICT 5.”

PUBLIC COMMENTS
This is the time set aside for anyone wishing to address the City Council on items within the jurisdiction of the City Council which are not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or placed for discussion at a later date. Please email your public comment to the City Clerk’s Office at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. There is a 3 -minute time limit on public comments.

City Council Agenda, December 18, 2023 Page 4

COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS
Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended per Assembly Bill 1234.

ADJOURNMENT
THE CITY COUNCIL MEETING SCHEDULED FOR TUESDAY, JANUARY 2, 2024, IS CANCELLED.

THE NEXT MEETING OF THE CITY COUNCIL WILL BE TUESDAY, JANUARY 16, 2024 AT 5:30 P.M. WITH A STUDY SESSION/CLOSED SESSION FOLLOWED BY THE REGULAR COUNCIL MEETING AT 6:30 P.M.

RESIDENT INFORMATION

UPCOMING EVENTS AND MEETINGS
Monday, December 25 - Closed for Christmas Holiday
Monday, January 1 - Closed for New Years Day Holiday
Tuesday, January 2 - Development Review Committee at City Hall, 9:00 am Wednesday, January 3 - Youth Sports Committee Meeting at City Hall, 6:00 pm Tuesday, January 9 - Active Transportation Committee Meeting at City Hall, 5:00 pm Wednesday, January 10 - Planning Commission Meeting at City Hall, 6:30 pm Tuesday, January 16 - City Council Meeting at City Hall, 5:30 pm Study Session and 6:30 pm Regular Session
Wednesday, January 17 - Senior Advisory Committee Meeting at Community Center, 10:00 am
Tuesday, January 23 - Youth & Family Action Committee Meeting at City Hall, 6:30 pm

LA VERNE LINK MOBILE APP
Link to La Verne in seconds with the new La Verne Link mobile app! Through the app, residents can sign up for recreation classes, submit reports, and much more. The app is free and available at the Apple App Store and Google Play Store.

Posting Statement: A true copy of this Agenda was posted on December 12, 2023, on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at www.cityoflaverne.org.

City Council Agenda, December 18, 2023 Page 5
M

INUTES OF A REGULAR MEETING

OF THE LA VERNE CITY COUNCIL
Monday, December 4, 2023
________________________________________________
At 6:00 p.m., Mayor Hepburn kicked off the holiday season with a holiday message at the City’s Christmas Tree Lighting Ceremony in front of City Hall along with Santa Claus and the Bonita High School Chamber Singers.

A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:33 pm.

B
efore the start of the meeting, Mayor Hepburn welcomed the audience to the Council Meeting in which City business is conducted. He reminded everyone that per the City’s Rules for Decorum, all speakers, members of the audience, and Council Members are to conduct themselves with decorum and to not engage in conduct that interrupts the orderly conduct of the meeting. Also, he communicated that the City of La Verne will not allow for public comment through Zoom until further notice. If you wish to provide public comment for the meeting, please email your comments to [email protected] prior to the start of the meeting. Public comments will be accepted at the meeting by those physically in attendance at the appropriate time.

Council Members Present Mayor Tim Hepburn
Mayor Pro Tem Wendy Lau
Council Member Rick Crosby
Council Member Steven Frank Johnson
Council Member Meshal “Kash” Kashifalghita

Absent: None
Advisory Staff Present Ken Domer, City Manager
JR Ranells, Assistant City Manager
Kimberly Hall Barlow, City Attorney
Debra Fritz, Deputy City Clerk
Pledge of Allegiance was led by Steven Poe, U.S. Navy E-4 Mayor Hepburn, on behalf of the City Council, presented to, Steven Poe, U.S. Navy E-4 a Pride of La Verne Certificate of Recognition thanking him for his service to our country.

Council Agenda Packet, December 18, 2023 Page 7
City Council Minutes of the Regular Meeting of December 4, 2023, Page 2.

PRESENTATIONS
Legislative Updates for the
San Gabriel Valley
State Senator Susan Rubio provided a legislative update, highlighting the more than $130 million dollars allocated to the San Gabriel Valley in various areas: Supporting Teachers, Workforce Development, and Building Community Parks, to name a few. She also helped fund a Regional Housing Trust which recently completed a housing project to support veterans and those experiencing homelessness.

Bonita High School Boy’s
Water Polo CIF Champions
BONITA HIGH SCHOOL BOY’S WATER POLO 2023
The Bonita Boy’s Water Polo team finished with an overall record of 24-12 for the season and placed second in the Palomares League.

They advanced to the CIF playoffs where they had the number one seed and after 4 rounds of play, they advanced to the championship gam
e where they won the Division 4 CIF Championship. They moved on to the CIF State Playoffs as the number one seed after 2 rounds and advanced to the finals where they defeated Pacific Palisades and w
on the school’s first Regional State Championship. The team was coached by Dillon Unsoeld and assisted by Gage Unsoeld, Joe Lam
pson, and Cody Lehotsky.

Julian Falk Braydon Jimenez Max Distaso
Jaxon Aggers Jake Carlson Matthew Humpert
Gary Watson Dylan Vegas Jeffry Heaton
Mavryck Mathis Shane Ibarra Giancarlo Garcia
Parker Montgomery Jackson Dincin
The team was honored with Pride of La Verne certificates and In N Out gift cards from the City Council, Senator Rubio’s office also provided certificates of recognition for the Team’s Division 4 CIF win.

University of La Verne
Women’s Volleyball SCIAC
Regional Runners-up
UNIVERSITY OF LA VERNE WOMEN’S VOLLEYBALL 2023
The University of La Verne volleyball team completed a historic season in 2023. The Leopards finished the season with a 25-5 overall record and a 13-3 record in the Southern California Intercollegiate Athletic Conference (SCIAC). The Leopards earned a spot in the NCAA Tournament and won their first two games to advance to the Sweet 16 where they finished as the regional runners-up. The Leos advanced further and won more games than any team since 2009. Four Leopards were named All-SCIAC (sky-ak) and three were named All- Region. Freshman Malia Capistrano was named the Region 10 Freshman of the Year, sophomore Mya Ray was tabbed SCIAC Offensive Athlete of the Year and First Team All-American. The Leopards were led by the SCIAC Coaching Staff of the Year, head coach Jeff Hendershot, and assistant coaches Randi Taylor-Toomay, Mario Meza, and Jack Coberly.

Council Agenda Packet, December 18, 2023 Page 8
City Council Minutes of the Regular Meeting of December 4, 2023, Page 3.

Nalani Young Ayana Mier Kiley McGarry
Madison Smith Isabella Walsh Zacky Coaston
Sydne Humphrey Kelly Yeung Lauren Gott
Kailin Katena Lexi Giacobbe Kaitlyn Bloomer
Noelani Soma CC Flaherty Malia Capistrano
Julia Thomas Mya Ray Isabella Quiroz
The team was honored with Pride of La Verne certificates and In N Out gift cards from the City Council, Senator Rubio’s office also provided certificates of recognition for the Team.

At 7:06 p.m., the City Council recessed and reconvened at 7:13 p.m.

ANNOUNCEMENTS AND

UPCOMING COMMUNITY
EVENTS
Sherry Best, President of the La Verne Historical Society, announced the December 16 Annual Vintage and Baked Good Sale, as well as the Home Tour Event. Two historic homes will be open for tours.

Yvonne Gallegos, Cultural Awareness and Social Inclusion Committee (CASI) member, announced the change of their meeting days to the first Tuesday of every month at 5:00 p.m. in the Citrus Room at Hillcrest.

Danita Beauchamp thanked the community of La Verne for their support of the Wreaths Across America campaign. Continued support is needed to place the wreaths on the headstones, this will take place on December 16 after a small service with VFW members.

Mayor Hepburn thanked Cynthia Gabaldon for her efforts to get commitments for the remaining number of wreaths they were short, to ensure the veterans were honored.

Council Member Johnson announced the Church of the Brethren Christmas Concert, Sunday, December 10 at 4:00 p.m. all are welcome.

Council Member Crosby announced the Bonita Chamber singers will be performing their Yuletide Concert at the Methodist Church, December 5 at 7:00 p.m. and Saturday, December 12 at 2:00 & 7:00 p.m. at Bonita Center for the Arts (BCA) Yuletide. The ULV Chamber Singers perform on December 10 at 4:00 p.m. at the Morgan Auditorium.

Council Member Meshal “Kash” Kashifalghita announced the Spark of Love is still accepting donations. Donation boxes are located at the Public Safety buildings, and City Hall. Crazy Bear Cycle will be donating bikes again this year. Bikes will be passed out at Hillcrest again this year.

Council Agenda Packet, December 18, 2023 Page 9
City Council Minutes of the Regular Meeting of December 4, 2023, Page 4.

Council Member Crosby reminded everyone that Winter Wonderland will be this Saturday, December 9 from 9:00 a.m. till 1:00 p.m. at Heritage Park.

Mayor Pro Tem Lau announced the Blood Drive at ULV, tomorrow December 5 from 10:00 a.m. to 4:00 p.m., also Tri-City Mental Health has a slew of events this month at their wellness center, please take advantage of this resource, they will be having a movie night this Saturday, airing The Grinch Who Stole Christmas.

Mayor Hepburn encouraged everyone to take advantage of the information that is published regarding upcoming events, they can be found on our website and at the back of the agenda page. He thanked all the staff in various departments, Police, Fire, Public Works, and Community Services for the decorations on the buildings, he knows the staff and community appreciates see the lights and decorations.

City Manager Domer announced the La Verne Link mobile application is available for download at the Google or Apple store, it’s an easy way to connect with the City and report such things as graffiti or potholes or other issues. The phone app is a direct connection to the City with access to community calendars and events.

Mayor Hepburn announced the board meeting for the Public Financing Authority-EIFD is Wednesday, December 13 at 9:00 a.m.

CONSENT CALENDAR It was moved by Crosby, seconded by Kash, and unanimously carried to accept, approve or act on the Consent Calendar items.

City Council Minutes CITY COUNCIL MINUTES of the study session and regular City Council meetings of November 20, 2023.

RECOMMENDATION: That the City Council approve the minutes.

Approved
Register of Audited Demands REGISTER OF AUDITED DEMANDS for the following:

In the amount of $1,819,873.23 dated November 8, 2023, and in the amount of $1,405,998.15 dated November 15, 2023.

RECOMMENDATION: That the City Councill approve the Register of Audited Demands. Approved
Resolution Cancelling the
January 2, 2024, City Council
Meeting
RESOLUTION CANCELLING THE JANUARY 2, 2024, CITY
COUNCIL MEETING - The first City Council Meeting in January 2024 is requested to be cancelled due to lack of business after the holiday season. This item requires a resolution to cancel the meeting.

Council Agenda Packet, December 18, 2023 Page 10
City Council Minutes of the Regular Meeting of December 4, 2023, Page 5.

RECOMMENDATION: That the City Council approve the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL, CITY OF

LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
CANCELLING THE JANUARY 2, 2024, CITY COUNCIL
MEETING.” Approved
Authorize City Manager to
Administratively Award
Construction Contract for
CDBG Funded Curb Ramp
Accessibility Project

AUTHORIZE CITY MANAGER TO ADMINISTRATIVELY AWARD

CONSTRUCTION CONTRACT FOR CDBG FUNDED CURB RAMP
ACCESSIBILITY PROJECT - This action will authorize the City Manager to execute a contract award for the Community Development Block Grant (CDBG) funded Curb Ramp Accessibility Project to ensure completion of the project by the December 31, 2023, expenditure deadline. The total project costs are anticipated to be $288,000.

RECOMMENDATION: That the City Council authorize the City Manager to administratively award the CDBG-funded Curb Ramp Accessibility Project (up to $288,000) and execute any necessary documents, including amendments and change orders, subject to City Attorney review as appropriate. Approved

OTHER MATTERS
Legislative Platform for the
2024 Legislative Session
LEGISLATIVE PLATFORM FOR THE 2024 LEGISLATIVE
SESSION - Adoption of the 2024 Legislative Platform will help define the City’s interests on priority issues and provide a framework for advocacy efforts at the federal, state, and local levels. The policy guidelines and statements included in the proposed 2024 Legislative Platform will allow City staff to address legislative and regulatory issues in a timely and focused manner.

Mayor Hepburn called for Public Comment on this item.

Danita Beauchamp asked Council to hold off on approving this item due to the dangerous verbiage in the legislative package.

Joe Gabaldon opposes this legislative platform.

City Manager Domer clarified that items listed in the legislative wrap- up document are summaries of legislation signed by the Governor in 2023, therefore they do not represent the proposed platform. The City’s platform is very fiscally conservative, flexible, and politically neutral. Anything the Council wants to debate would be brought forth at an open meeting for discussion to include public input. As part of the process, we always check with the Mayor before signing any letters of support. The platform gives us better parameters to make decisions on behalf of the Council.

Council Agenda Packet, December 18, 2023 Page 11
City Council Minutes of the Regular Meeting of December 4, 2023, Page 6.

No further comments were received.

Mayor Hepburn commented on how the COG also reviews the legislative bills and brings information to the City’s attention.

Information will be shared and discussed with the community.

Council Member Crosby wants the public to have access to review the document, and wants to table item to next meeting, so residents will have more time to read the platform.

Mayor Pro Tem Lau suggested an FAQ document be prepared and placed on the website to answer some of the questions of concern.

Council Member Johnson felt more time was needed for our residents to review the document due to the timing of the Holiday season and wanted to postpone the item until January.

Council discussed when to bring the item back. It was decided to bring the item back on December 18 for more discussion and then again on January 16, 2024, for possible final action.

Council Member Meshal “Kash” Kashifalghita agreed with giving more time to review for residents to get a better understanding.

Council continued to discuss.

RECOMMENDATION: That the City Council approve the Legislative Platform for the 2024 legislative session. COUNCIL ACTION: Motion was made to continue this item to the December 18 meeting, so moved by Johnson and seconded by Lau, and unanimously carried.

REGIONAL

COMMUNICATIONS

CENTER UPDATE
REGIONAL COMMUNICATIONS CENTER UPDATE - As has been
summarized in the past, the Covina and La Verne Police Departments are exploring options to consolidate their respective dispatch centers in an effort to regionalize police communication services and gain efficiencies in delivering this critical public safety service.  This item provides an update on those efforts.

Mayor Hepburn called for public comment.

Danita Beauchamp agrees with this change, dispatch jobs are very difficult.

Council Comments.

Mayor Hepburn supports this change.

Council Member Crosby supports this item.

Council Member Meshal “Kash” Kashifalghita also supports this item.

Council Agenda Packet, December 18, 2023 Page 12
City Council Minutes of the Regular Meeting of December 4, 2023, Page 7.

Council Member Johnson, thanked Acting Chief Gonzalez and supports this idea 100%.

Mayor Pro Tem Lau agrees this change is necessary.

RECOMMENDATION: That the City Council receive and file this Agenda Report. Council action: Moved by Crosby and seconded by Kash and approved unanimously (5/0) to receive and file.

PUBLIC COMMENT This is the time set aside for anyone wishing to address the City Council on items within the jurisdiction of the City Council which are not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or placed for discussion at a later date. Please email your public comment to the City Clerk’s Office at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record.

There is a 3-minute time limit on public comments.

Mayor Hepburn called for public comment.

Jay Bernard commented on the trains blowing their whistles from San Dimas Canyon to White Street, too noisy.

Rich Gill reminded everyone that this was the final week to submit nominations for City Council for Districts #2 & #5.

Barbara Smythe as part of the Diversity Committee wants City to be aware of labeling things Christmas, to be more sensitive to those in our community, try harder to use Holiday.

Joe Gabaldon supports the legislative platform and thanked staff for the hard work. He also asked about the parking lot lights at vacant store locations not being on, and cars for sale parked along White and Wheeler Avenue. He commented on the possibility of using monies at the next election for an at large mayor to do a flyer, similar to the holiday flyer recently received.

Yvonne Gallegos thanked the Council that came out and supported the Cultural Festival last weekend and followed up on the letter by the San Dimas Mayor against hate, and La Verne doing the same.

Council Agenda Packet, December 18, 2023 Page 13
City Council Minutes of the Regular Meeting of December 4, 2023, Page 8.

COUNCIL COMMENTS Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended per Assembly Bill 1234.

Mayor Pro Tem Lau mentioned YFAC and encouraged the residents to participate. She enjoys the holiday decorations throughout the City and at City facilities, she mentioned the Cultural Festival event was a good experience, and hoped to see more attendees next year. She wished Council Member Crosby a “Happy Birthday” Council then sang happy birthday to him.

Council Member Crosby commented on the YFAC meeting and the presentation that Tri City gave. The Police Department is looking for explorers, check out the PD website for more info. And the numerous Holiday singing events.

Council Member Meshal “Kash” Kashifalghita mentioned this Saturday is the Fire Explorers first day, and the upcoming Mosquito Vector Control Committee meeting he will be attending. Let him know of any concerns you might have. Senator Holden is hosting a toy and shoe drive to support other communities.

Council Member Johnson is enjoying the new mobile app and asked that information on the upcoming election be included. The app has info on the E-Waste event Saturday, December 16, and you are able to report graffiti and other concerns.

Council Member Crosby asked about the final day of nominations, Friday, December 8. City Hall will be open for those who want to submit papers.

City Manager Domer clarified that staff will be on hand for anyone wishing to pull papers.

Mayor Hepburn commented on the SGVCOG board meeting this month, including the Legislative caucus, SGV Regional Housing Trust that Senator Rubio donated to, the insurance commissioner info posted on website, a webinar is available, Cal Trans regarding highway conditions. He attended the wedding of our K-9 officer Weinreb, a good time was had by all, Happy Holidays, spend your money in La Verne. The next Public Financing Authority meeting is scheduled for Wednesday, December 13 at 9:00 a.m.

Adjournment at 8:24 p.m.

Respectfully submitted,
Council Agenda Packet, December 18, 2023 Page 14
City Council Minutes of the Regular Meeting of December 4, 2023, Page 9.

Debra Fritz
Deputy City Clerk
Council Agenda Packet, December 18, 2023 Page 15
This page left intentionally blank
This page left intentionally blank
Council Agenda Packet, December 18, 2023 Page 16

CITY OF LA VERNE

DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITYS PURCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE

FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL,

SUMMARY OF DEMANDS

LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS,

AMOUNT ISSUED TO DESCRIPTION
l.

2. 3.

4. 5.

6. 7.

8. 9.

10. 554,900.66
99,746.59
95,t95.73
t6.852.33
16,230.29
14,400 00
t4,326.97
13,907.08
t3.465.25
I 1,000.00
108.058. l9
THREE VIL'NICIPAL WATER DIST.

RKA CONSULTING GROUP

STRATEGIC CONTRACTING SERVICES

ROGER BASS
INTER-CON SECUzuTY SYSTEMS, INC,

NOBEL SYSTEMS
OWSLEY ENTERPzuSES, LLC

LIBERTY COASTAL LLC

INLAND VALLEY HUMANE SOCIETY
MICHAEL W. TYNES

OTHER DEMANDS
OCTOBER 2023 WATER USE
AUGUST 2023 BILLING FOR VAzuOUS PROJECTS
PAYROLL 10t29t23 TO I l/l l/23 (LAHIDTA)
NOVEMBER 2023 SERVICE CONTRACT (LA HIDTA)
OCTOBER 2023 PARKING ENFORCEMENT

SOLAR PERMIT INTEGRATION
NOVEMBER 2023 SERVICE CONTRACT (LA HIDTA)
NOVEMBER 2023 SERVICE CONTRACT (LA HIDTA)
OCTOBER 2023 ANIMAL CARE AND CONTROL SERVICES
NOVEMBER 2023 SERVICE CONTRACT (LA HIDTA)
s 961,799.96
DEMANDS OF $24,861.7? WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.

DEMANDS OF 9568,775.92 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFM RELATED ITEMS, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED CHzuSTY LOPEZ,

FINANCE DIRECTOR
Page I of4
Council Agenda Packet, December 18, 2023 Page 17

CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOL]NT ISSUED TO
FY 2023-24
tU2v2023
I 66860
1 6686 1
t66862
I 66863
166864
l 66865
I 66865
t66867
I 66868
166869
r66870
I 6687 1
166872
166873
166874
166875
166876
t66877
l 66878
t66879
I 66880
16688 I
I 66882
166883
166884
I 66885
l 66886
166887
r 66888
166889
r66890
I 6689 I
t66892
1 66893
166894
I 66895
I 66896
t66897
166898
r66899
166900
166901
166902
166903
166904
I 66905
166906
166907
166908
166909
166910
16691 I
t66912
166913
1669t4
166915
166916
166917
166918
166919

21.80 500.00

43.08 500.00
1,786.05
250.2s
3,360.71
409.50
300.00
1,167.96
3s2.06
225.00
2,401.50
360.00
2t7.00
'1,932.32
323.35
1,030.83
1,007.71
389.60

7.50 441.00
2,005.00
420.00
43'1.58
l,147.88
290.00
150.00
1,996.00
1,825.29
2,900.00
13,465.25

45.54 3,689.09
3,630.00
9,000.00

42.00 71.66
493.9t
849.61
300.00
4,82',1.00
450.00
1,398.57
499.00
130.96
425.00
r,856.00

71.50 2,t56.93

52.12 83.32
125.00
3, I 85.50
225.00
125.00
2,030.81
300.00
339.04
1,493.60
ACTION AWARDS, INC.

AJ'S ENTERTAINMENT

ALEXANDER CALENDARS, LLC
ANJANNETTE I\N-AZZO

ATKINSON,ANDELSON,LOYA,RUUD & ROMO

B&E ALIGNMENT, BRAKE, TIRE & WHEEL

BLACK AND WHITE EMERGENCY VEHICLES

BREAK TIME YOGA, LLC

THE CALIFORNIA PEACE OFFICERS ASSOC
CDCE
CHARTER COMMI,]NICATIONS

CINDY CARLOS

CITY OF HOPE
RETIRED SEMOR VOLI,]NTEER PATROL

RETIRED SEMOR VOLUNTEER PATROL

CITY OF POMONA
CLEANTECH E}WIRONMENTAL INC
CPAC,INC.

CREATIVE CULTIVATION

DANIELS TIRE SERVICE

DDL SALES LLC

DEPARTMENT OF JUSTICE

DEPARTMENT OF JUSTICE
DONNOE & ASSOCIATES INC.

FACTORY MOTOR PARTS

FIRST-CITZENS BANK & TRUST CO

FRONTIER COMMUNICATIONS
GOVERNMENT FINANCE OFFICERS ASSN.

GRUBER POWER SERVICES
HOLLIDAY ROCK CO.

HOT WIRE ELECTRIC

INLAND VALLEY HUMANE SOCIETY
INMARK

YWCA SAN GABRIEL VALLEY

JARAUTOMATION

JONES & MAYER

KYOCERA DOCUMENT SOLUTIONS WEST

KYOCERA DOCUMENT SOLUTIONS WEST LLC
LESLIE'S POOLMART, INC.

LINE GEAR

ALEJANDRO LZARDI

LOS ANGELES COUNTY PUBLIC WORKS

MIND BLOWING BALLOONS LLC
OMEGA INDUSTRIAL SUPPLY, INC.

PHOTO BOOTH PLACE

POSTAL ANNEX

PRADO FAMILY SHOOTING RANGE

PREMIER FAMILY MEDICINE ASSOCI,ATES

PREMIER FIRE CONSULTING
S & J SUPPLY CO., INC.

DAMEL SALAMANCA

MICHAEL SCRANTON

SONIA SILVA
SOUT}IERN CALIFORNIA NEWS GROT]P

STARAUTO CHECK

SYLVIA GARCIA

TEC COLOR CRAFT

THE COLINSELING TEAM INTERNATIONAL

TRILOGY MEDWASTE WEST, LLC
WALTERS WHOLESALE ELECTRIC CO.

Page2of 4
Council Agenda Packet, December 18, 2023 Page 18

CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS . EXHIBIT A
CHECK NO. AMOI,rNT ISSUED TO
FY 2023-24
tt2U2023
961,799.96
568,775.92
24,861.77
TotalDemands ---1ffi
Payroll and Employee Benefit Payments:

ALL STATE POLICE EQUIPMENT CO.

AMAZON CAPITAL SRVC - LVPD
zuCHARD ARAGON
BIEDERMANN. REBEKAH

COLLEGIATE PRESS
DETROIT AUTO BODY,INC.

EGGE, JENNIFER

GONZALEZ, SAM

GREENSCAPE MAINTENANCE SERVICE INC
INTER-CON SECURITY SYSTEMS, INC.

LA VERNE POWER EQUIPMENT

LOPEZ, CHRISTY

LAU, EVELYN

NOBEL SYSTEMS

NLJNEZ, RAMIRO

OPLIGER, ROCKY

POMONA TRUCK & AUTO SUPPLY

RKA CONSULTING GROUP
TERRY'S TESTING,INC.

THREE MTJNICIPAL WATER DIST.

WEAVER, DAVID

CORDRAY ENTERPRISES LLC

DEROI,AN VENTURES LLC
GROI.]ND SERO TECHNOLOGIES LLC

LIBERTY COASTAL LLC

MARLYN PACHECO LLC
MICHAEL W. TYNES
OWSLEY ENTERPzuSES, LLC

ROGER BASS

STRATEGIC CONTRACTING SERVICES
Total Payroll Demands
Total LAIMPACT Demands
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
271.13
505.76
1,200.00
144.62
896.39
680.38
t44.62
239.00
500.00
16,230.29
1,160.36
458.00

52.12 14,400.00
250.00
2,684.67

97.21 99,746.59
295.00
s54,900.66

28.00 10,t66.67
8,937.50
5,613.50
13,907.08
5,355.00
I1,000.00
t4,326.97
16,852.33
95,t95.73
166925
t66926
t6692'.t
166928
EFT
EFT
EFT

BANKDRAW

BANK DRAW

BANKDRAW

BANKDRAW
TOTAL
520.00
350.00
210.87

9.00 |,90t.29
2,987.00
2,304.08
250,405.55
83,289. I 0
1,29',1.30
l 86,877.50
24,946.78
5,640.74
8,036.71

CITY OF LAVERNE EMPLOYEE FUND
FIDELITY INVESTMENTS #P0754

FIEATFIER REYES

TINITED WAY CAMPAIGN

CHARLES SCHWAB BANK

LA VERNE FIRE ASSOCI,ATION
LA VERNE POLICE OFFICERS ASSOC.

UNITED STATES TREASURY

STATE OF CALIFORNIA
STATE DISBURSEMENT BDOOO5689

STATE OF CALIFORNIA
EMPOWER TRUST COMPANY, LLC457
EIvIPOWER TRUST COMPANY, LLC-ROTH
EMPOWER TRUST COMPANY, LLC-4OIA
568,775.92

Page 3 of 4 ends

Council Agenda Packet, December 18, 2023 Page 19

CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOI,]NT ISSUED TO
FY 2023-24
nt2u2023
Break down of standard providers and the benefits they provide Provider Benefits Description
Wage Work
US Treasury
State of Califomia
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/La Veme Employee
Flexible Savings Account (FSA) deductions
Employee federal tax withholdings
Employee state income tax, unemployment insurance and child support/garnishments 40lA plan
4578 plan
Roth plan
Replacement Social Security plan
Employee Group Dues
LAIMPACT LAw
166921

MULTIPLE
Total
16,800.00
24,861.77
Force Demands
77 CITY OF PASADENA

LAI ENFORCEMENT OPERATIONS
LAIMPACT demands are paid from federal asset forfeitwe dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.

Page 4 of 4 ends

Council Agenda Packet, December 18, 2023 Page 20

CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS
t1129/2023
FY 2023-24
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING,fTINDING POLICY AND HAVE BEEN REVIEWED BY THE FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.

SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND RELATED BENEFITS.

AMOUNT ISSUED TO DESCRIPTION
L
)

3. 4.

5. 6.

7. 8.

9. 10.

I I 8.649.93
50,606.53
37,775.t2
I 9. I 35.00
1 8,280,39
r 5,000.00
r0,437.98
7,616.44

7.450.00
5,926.18
I t9,273.95
DEPARTMENT OF ruSTICE

CPAC, INC,

SDI PRESENCE LLC

DE NOVO PLANNING GROUP

MARK'S AUDIO-VIDEO

CITY OF LA VERNE

GREENSCAPE MANTENANCE SERVICES INC

WEST COAST ARBORISTS

DIVE/COR& INC

LOS ANGELES COUNTY TAX COLLECTOR

OTHER DEMANDS
AUGUST 2023 PAYROLL AND OVER TIME FOR ruLY/AUGUST 2023 (L,A. CLEAR) MICROSOFT OFFICE LICENSE RENEWAL 9/2012023 TO 9II9I2O24 OCTOBER 2023 CLOUD LICENSE AND IT SUPPORT
PROFESSIONAL SERVICES THRU NOVEMBER 2023 RE: l94l WHITE MDGD USE CEQA A/V EQUIP UPGRADE COI.JNCIL CHAMBERS
FIDUCIARY SERVICES FISCAL YEAR 2023 I 2024
NOVEMBER 2023 MA]NTENANCE
TREE MAINTENANCE IO/I612023 TO IOI3I 12023
RESERVOIR INSP, MOVED MIXER AT WHEELER 2
VARIOUS PROPERTY TAXES FOR FISCAL YEART/OIIZOZ3 TO 6/3012024 $ 4l1,054.07
DEMANDS OF 523,552.26 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.

IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED

CHRISTY LOPEZ, MPA

FINANCE DIRECTOR
Page I of3
I
Council Agenda Packet, December 18, 2023 Page 21

CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOL]NT ISSUED TO
FY 2023-24
1U2912023
166929
I 66930
I 6693 1
166932
t66933
t66934
I 66935
t66936
166937
r 66938
166939
1 66940
166941
t66942
166943
166944
16694s
t66946
166947
1 66948
t66949
l 66950
t66951
166952
I 66953
166954
I 66955
166956
166957
I 66958
166959
166960
I 6696 I
166962
t66963
166964
166965
166966
166967
I 66968
166969
166970
16697 I
166972
166973
166974
t66975
166976
166977
166978
166979
r 66980
1 6698 I
166982
l 66983
t66984
I 66985
I 66986
166987
l 66988
r 66989
I 66990
689.85

3.00 308.67
1,700.00

18.33 4,802.00

90.12 85.40
630.00
176.21
56,25
353.4 r
375.00
354,56
120.00
r 00.00
50,606.53
360.00
703.56
19, l 35.00

45.00 7,450.00
2,059.06

34.75 3.00
I,488. I 8

78.33 209.36
1,797.80
672.92
633.00
1,502.00
2,831.27
r07.16
5,779.50
t4.00
252.47
4,920.25
I,005.59
633.58
r,390.00
5,926.18
3,847.00
r 8,280.39
20,29
508.00
2,400.00
440. I 3
I 10.00
174.60
4,314.82

70.00 37,775.12
1,865.39
1,890.00
3,483.94
258.25
135.00

56.75 544.01
626.54
2,487.10

ACT NOW SIGNS
ALARM CENTRAL INC.

ALBERTSONS/SAFEWAY

JAY ALVARADO

ALYSSA DOMINGUEZ

AMERICAN WATER WORKS ASSOCIATION

BLANCA LOSOYA

BRAUNNW,INC

BREAK TIME YOGA, LLC

JENMFER BROWN

BUDGET HOLDINGS

CALIFORMA DEPT OF TAX & FEE ADMIN
CALIFORNIA PEST MANAGEMENT,INC.

CHARTER COMMTINICATIONS

CHRISTINA KNOLTON

CHRISTINE GALEY
CPAC,INC.

CPRS DISTRICT 13
CUSTOM WATER, INC.

DE NOVO PLANNING GROUP

DEBORAH SAMARIN

DIVE/CORR,INC

EWING IRRIGATION PRODUCTS

FIREMANS GRAPHICS

FOUR ARROWS CONCRETE PUMPING,

FRASCA PLUMBING

FRONTIER COMMUNICATIONS

FRONTIER COMMLTNICATIONS

FULLER TRUCK ACCESSORIES

HIRSCH PIPE AND SUPPLY

HOME DEPOT CREDIT SERVICES
HOSPITAL ASSOC. OF SOUTHERN CALIF,
INLAND EMPIRE STAGES, LTD.

INNOVATION AND TECHNOLOGY DEPT,
KEITH L. KILMER

KYOCERA DOCUMENT SOLUTIONS WEST

KYOCERA DOCUMENT SOLUTIONS WEST LLC

LIEBERT CASSIDY WHITMORE
LIFE.ASSIST

LINE GEAR
LOS ANGELES COLNTY FIRE DEPT.

LOS ANGELES COUNTY TAX COLLECTOR

MARIPOSA LANDSCAPES, INC,

MARK'S AUDIO-VIDEO

PACIFIC RIM MECHANICAL

PERMECO

POSTMASTER SAN DIMAS
PRIMARY PHARMACEUTICALS, INC.

REBECCA GODBEY

REGIONAL TAP SERVICE CENTER
RINGCENTRAL INC.

SAN GABRIEL VALLEY CITY MGR. ASSN.

SDI PRESENCE LLC

JULLIAN SILVA
SOUTHERN CALtr. REG. RAIL AUTH.

SOUTHLAND MECHAMCAL, INC.

STAPLES

STAR AUTO CHECK
STATER BROS, MARKET #48

T-MOBILE
T.MOBILE
TENNIS ANYONE INC.

Page 2 of 3 ends

Council Agenda Packet, December 18, 2023 Page 22

CITY OF LA VERNE

REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECK NO. AMOLINT ISSUED TO
Fv 2023-24
t1t2912023
16699t
166992
166993
166994
166995
166996
166997
l 66998
166999
I 67000
r 67001
167002
167003
167004
167005
167006
t67007
167008
167009
167010
16701 I
167012
r67013
't670t4
167015
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT

BANK DRAWN
450.00
532.8 r
8s0.00
2,745.12
646.63
3,741.82
347.29
381.31

30.00 2,533.40
3,030.00
3,752.00
100.00

33.03 1,582. I 0
3,055.44
r 5,000.00
l I 8,649.93
1,014.91
r,804.06
2,741.08

71.35 148.3 r
I 05.07
I ,547. 1 5
4009.32

53.27 700.00
300.40
1,700.00
530. r 3
1,795.00
10,437.98
341.42
6,672.33
440.97
710.00
300.40
4,036.7s

42.00 1,036.23
7,6'.t6.44
2,878.52
771 48
411,054.07
23,ss2.26
Total Demands 434,606.33
LAIMPACT Law Enforcement Task Force Demands
THE COI.]NSELING TEAM INTERNATIONAL

URBAN RESTORATION GROUP

VANESSA LARES-GONZALES

VERIZON WIRELESS
WAGEWORKS,INC.

WAXIE SANITARY SUPPLY

WAYNE ELECTRIC COMPANY

ALAN WEINREB

WEISS FAMILY LTD PARTNERSHIP

WELLS FARGO VENDOR FINANCIAL SVCS

WILLDAN

WILLDAN FINANCIAL SERVICES

YENM NORTHUP

B&H PHOTO VIDEO

CELL BUSINESS EQUIPMENT

CHARTER COMMI'NICATIONS

CITY OF LA VERNE

DEPARTMENT OF JUSTICE

DIGITAL SOLUTIONS LLC
KP RESEARCH SERVICES, INC.

MASERGY CLOUD COMML'NICATIONS, INC

ANTOINETTE NLTNEZ

ODP BUSINESS SOLUTIONS, LLC

SOUTHERN CALIFORMA TROPHY COMPANY

VERIZON WIRELESS
ALL STAR FIRE EQUIPMENT INC.

AMAZON CAPITAL SRVC . LVPD

ENVIROMENT CONTROL
FINN, ruSTINE

FLORES, CARLOS

GRAINGER

GRAMCUS LLC

GREENSCAPE MAINTENANCE SERVICES INC
HI.WAY SAFETY INC.

L.N, CURTIS AND SONS
LA VERNE POWER EQUIPMENT, NC.

LAW ENFORCEMENT MEDICAL SERVICES

PULIDO, DAISY

RKA CONSULTING GROUP

SAVAGE, HOLLIE

SUCHANEK, MELISSA

WEST COAST ARBORISTS

WESTERN WATER WORKS

SO CAL GAS CO
Total LAIMPACT Demands
3 167016
r 670r 8
t67020
167021
t67022

MULTIPLE
Total
1,869. I 8
2,550.00
793.16
I 10.00
229.92
18,000.00

BANK OF AMERICA
CODE 5 GROUP, LLC.

ROTORCRAFT SUPPORT, INC.

SOUTHLAND SHREDDING, INC.

TRITECH FORENSICS

LAI ENFORCEMENT OPERATIONS
23,552.26
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.

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Council Agenda Packet, December 18, 2023 Page 23
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Council Agenda Packet, December 18, 2023 Page 24
City of La Verne, City Council
Agenda Report
DATE: 12/18/2023
T
O: Honorable Mayor and City Council
F
ROM: Meg McWade, Public Works Director
S
UBJECT: AUTHORIZE AGREEMENT WITH SOUTHLAND MECHANICAL , INC

FOR HEATING , VENTILATION, AND AIR CONDITIONING (HVAC)

SERVICES FOR CITY FACILITIES
S
UMMARY
This item seeks City Council authorization to enter into a n agreement with Southland Mechanical, Inc. for heating, ventilation, and air conditioning (HVAC) services for City facilities.

COMMENDATION
It is recommended t hat the City Council approve a n Agreement for heating, ventilation, and air conditioning services with Southland Mechanical , Inc. at prices bid, for an initial term of three years and authorize the City Manager, or designee, to administratively renew for up to two additional one-year extensions.

SCUSSION
The maintenance and repair of heating, ventilation, and air conditioning (HVAC) systems within City facilities are critical to ensuring the comfort and safety of both employees and the public. The proposed professional service agreement aims to streamline and improve the process of maintaining these systems.

C
urrently, air conditioning maintenance and repair services are procured on an as-needed basis, which can lead to delays in addressing issues and challenges in managing costs.

By entering into a formal agreement with Southland Mechanical , Inc., the City can establish a consistent and efficient approach to addressing heating and air conditioning needs.

T
he City performed a formal Request for Proposals process with a notice inviting bids advertised on October 2, 2023 . The responses were due November 14, 2023, with bids received from the following qualified firms listed in alphabetical order:

A
cco Engineered Systems, Inc.

Diversified Thermal Services, Inc.

F.M. Thomas Air Conditioning
Southland Mechanical, Inc.

Council Agenda Packet, December 18, 2023 Page 25
Authorize Professional Service Agreement for Air Conditioning 12/18/2023

Page 2 ends

The City’s interdepartmental selection committee reviewed proposals and held interviews with all four qualified firms. The City selected Southland Mechanical, Inc. based on their expertise and competitive pricing. Additionally, reference checks were successfully performed for the company. The initial term of the proposed agreement will be three years, with the option to renew for up to two additional one-year extensions. Future extensions would include adjustments to the costs/rates based on the Consumer Price Index.

T
he proposed agreement has an initial term of three years , with an option to administratively renew for up to two additional one- year extensions. The ongoing preventive maintenance services are anticipated to be $33,200 with the potential to award additional services for repair/replacement based on City needs and hourly prices listed in the bid.

ISCAL ANALYSIS
Costs for the preventive maintenance services are anticipated to be $ 33,200 per year, with appropriations included in the Adopted F iscal Year 2023-24 Budget in the General Fund. With the award of this contract, the City also may authorize Southland Mechanical to perform replacement/repair services at the prices listed in their formal bid, subject to repair/replacement needed and budget availability . The pricing for this agreement is competitive within the industry based on it being the lowest compared to the other proposals received. After the initial three-year term, future contract extensions would be subject to adjustments based on the Consumer Price Index E

NVIRONMENTAL ANALYSIS
Not Applicable
L

EGAL REVIEW
The City Attorney has reviewed this report as to its form and content.

TACHMENTS

1. Professional Service Agreement between the City of La Verne and Southland Mechanical

2. Exhibit A 1— La Verne REQUEST FOR PROPOSALS Multi -year preventative maintenance contract for heating, ventilation, and Air conditioning (HVAC) 2023

3. Exhibit A2 — Southland Mechanical Preventative Maintenance Proposal

4. Exhibit A3 — Final Negotiated Term Clarification Southland Mechanical, Inc.

R
eport Prepared By: Ramiro Nunez, Acting Maintenance Manager Council Agenda Packet, December 18, 2023 Page 26
D
ecember 18,2023
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Professional Services Agreement between the City of La Verne and Southland Mechanical CONTRACT 2023
T
HIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 18 th day of December, 2023 (“Effective Date”) by and between the CITY OF LA VERNE, a California municipal corporation, (“City”) and Southland Mechanical. Inc. (“Contractor”). City and Contractor may sometimes herein be referred to individually
as a “Party” and collectively as the “Parties.”
S
ECTION 1. SCOPE OF SERVICES.

S
ubject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A1 La Verne REQUEST FOR PROPOSALS Multi -year preventative maintenance contract for heating, ventilation, and Air conditioning (HVAC) 2023, A2 Final Negotiated Term Clarification Southland Mechanical, Inc.

Southland Mechanical Preventative Maintenance Proposal , A3 and incorporated herein by this reference (the “Services”). The contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and herein referenced Exhibits A1, A2, and A3, the C ity, in its sole discretion, shall determine which term shall prevail.
1 .1 STATEMENT OF PURPOSE. T he City of La Verne is seeking an experienced contractor qualified to provide heating, ventilation, air conditioning (HVAC), Maintenance and Repair Services for the City’s facilities as well as for declared emergencies for the City of La Verne. Additionally, the City is seeking a qualified company with experience performing HVAC maintenance and repair operations in large commercial buildings. The work will include the provision of a maintenance and management program including, but not limited to the inspection, periodic preventative maintenance, repairs, service calls, and other task services necessary to ensure safe, well maintained HVAC systems providing quality air for the City’s employees and public. Quarterly services will be conducted at all administration, maintenance, and public areas designated by the City . The service includes, but is not limited to the maintenance, delivery/pickup, supplies, and any labor associated with these services. It is intended for the awarded Contractor to enter into a multi -year fixed monthly rate contract term with a maximum term (and any subsequent amendments or modifications) not exceeding five (5) years.
1 .2 Term of Services. The term of this Agreement shall begin on J anuary 1, 2024, and shall end on December 31, 2026, with the option for the City to renew for up to two additional one- year extensions . T he term may otherwise be terminated or extended as provided for in Section 8 of this Agreement . The time provided to the contractor to complete the services required by this Agreement Council Agenda Packet, December 18, 2023 Page 27
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ecember 18,2023
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shall not affect City’s right to terminate this Agreement, as provided for in Section

8. 1
.3 Standard of Performance. T he contractor represents and warrants that the Contractor is a provider of first first-class work and services and Contractor is experienced in performing the Services contemplated herein. I n light of such status and experience, Contractor shall perform the services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Con tractor practices its profession and to the sole satisfaction of the Contract Administrator.
1 .4 Assignment of Personnel . T he c ontractor shall assign only competent personnel to perform the services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1 .5 Time. Th e contractor shall devote such time to the performance of the services pursuant to this Agreement as may be reasonably necessary to satisfy the contractor’s obligations hereunder. Prompt delivery of the services and materials is essential to this Agreement.
1 .6 Authorization to Perform Services . C ontractor is not authorized to perform any of the services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator 1 .7 Request for Additional Services. Cit y will request additional services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. The C ontractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and returning it to the City within ten (10) days unless directed to reply sooner. 1 .8 Covid-19 S afety and other. If C ontractor enters City property or meets in person with City employees during the performance of the services, Contractor shall comply with all State, County, and local emergency orders, directives, protocols, and best practices to include COVID-19 and all other not foreseen emergencies.

ION 2
. COMPENSATION.

T
he City hereby agrees to pay Contractor for the services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and herein Exhibit A1, A2, and A3 regarding the amount of compensation, the City, in its sole discretion, shall determine which term shall prevail. City shall pay Contractor for the services rendered pursuant to the Council Agenda Packet, December 18, 2023 Page 28

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prevailing term at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for the services rendered pursuant to the prevailing terms . Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Contractor shall not bill City for duplicate services performed by more than one person.

2.1 I nvoices . Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the s ervices performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:

a. S
erial identifications of progress bills, i.e., Progress Bill No. 1 for the first invoice, etc.

b. The beginning and ending dates of the billing period.

c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion.

d. At the City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense.

e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the services hereunder necessary to complete the services described in Exhibit A herein;

f. Receipts for expenses to be reimbursed.

g. The Contractor Representative’s
signature. Invoices shall be submitted
to:

City of LA VERNE
Attn: Accounts
Payable 3660 D St
La Verne, CA 92586

2.2 M
onthly Payment. City shall make monthly payments, based on invoices received, for the services satisfactorily performed, and for authorized reimbursable costs incurred. The C ity shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

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2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice if all of services required have been satisfactorily performed.

2.4 T otal Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

I
n no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 H
ourly Fees. Fees for the services performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with Attachment A.

2.6 R
eimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 P ayment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 P ayment upon Termination. If City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. The Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

S
ECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Contractor only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of the City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost Council Agenda Packet, December 18, 2023 Page 30

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and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insurance shall be included in the Contractor ’s compensation.

Contractor shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.

Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

4.1 W
orkers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor , if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the services performed under this Agreement.

4.2 C
ommercial General and Automobile Liability Insurance.

a. G eneral requirements . Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

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b. M inimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office A
utomobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.

a. A dditional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. Th
e insurance shall cover an occurrence or an accident
basis, and not on a claims-made basis.

b. Any failure of Contractor to comply with reporting
provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.2 P rofessional Liability Insurance.

a. G eneral requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self- insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by the City.

b. Cla
ims -made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

The retroactive date of the policy must be shown and must be no later than the commencement of the Services.

II. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.

III. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with Council Agenda Packet, December 18, 2023 Page 32

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a retroactive date no later than the commencement of the Services under this Agreement. The city shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.

IV. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.3 A
ll Policies Requirements.

a. A cceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A: VII and admitted in California.

b. V
erification of coverage. Prior to beginning the services under this Agreement, Contractor shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

The Certificate of Insurance must include the following reference: The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is City of La Verne, 3660 D St La Verne CA 91750. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.

c. No
tice of Reduction in or Cancellation of Coverage.

Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased.

d. A dditional insured; primary insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the services performed by or on behalf of Contractor , including the insured’s general supervision of Contractor; products and completed operations of Contractor , as applicable; premises owned, occupied, or used by Contractor ; and automobiles owned, leased, or used by Contractor in the course of providing the services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to the City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by the City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the services.

A c
ertified endorsement must be attached to all policies stating that Council Agenda Packet, December 18, 2023 Page 33

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coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.

e. D eductibles and Self -insured Retentions. The Contractor shall obtain written approval of City for the self-insured retentions and deductibles before beginning any of the services.

D
uring the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses.

f. S
ubcontractors . The Contractor shall include all
subcontractors as insured under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

g. V
ariation . The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.4 R
emedies . In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:

a. O
btain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement.

b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or

c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 I ndemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the services, to the fullest extent Council Agenda Packet, December 18, 2023 Page 34

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permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 I
ndemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.

5.3 Li
mitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

S
ECTION 6. STATUS OF CONSULTANT.

6.1 I ndependent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the services rendered pursuant to this Agreement. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the services hereunder for City. The C ity shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Council Agenda Packet, December 18, 2023 Page 35

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services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 G
overning Law . The laws of the State of California shall govern this Agreement.

7.2 Co mpliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. All work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Contractor’s employee and subcontractors. It is understood that it is the responsibility of the Contractor to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such a requirement shall be always maintained in a safe and secure location, and readily available at City’s request. Contractor shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Contractor or any party performing the services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the services, including, without limitation, any and all public works (as defined by applicable law), Contractor shall bear all risks of payment or non- payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. The Contractor acknowledges and agrees that it shall be Council Agenda Packet, December 18, 2023 Page 36

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independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.3 Li censes and Permits . Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, always keep in effect during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

S
ECTION 8. TERMINATION AND MODIFICATION.

8.1 T ermination. City may cancel this Agreement at any time and without cause upon written notification to consultant.

8.2 T ermination by Contractor . Contractor may cancel this Agreement upon 30 days' written notice to City.

8.3 C onsequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the services performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement.

8.4 Extension . City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.

8.5 A
mendments . The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 A ssignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor ’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor . Contractor may not assign this Council Agenda Packet, December 18, 2023 Page 37

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Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Contractor’s proposal, without prior written approval of the Contract Administrator.

In the event that key personnel leave the C ontractor’s employ, Contractor shall notify City immediately.

8.7 Survival . All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.

8.8 O
ptions upon Breach by Contractor . If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:

a. I
mmediately terminate this Agreement.

b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement.

c. Retain a different contractor to complete the Services described herein Exhibit A; and/or

d. Charge Contractor the difference between the cost to complete the Services described herein Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City.

Contractor hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by the City shall be without the liability to Contractor . City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.1 Li
censing of Intellectual Property. This Agreement creates a non- Council Agenda Packet, December 18, 2023 Page 38

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exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents and Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license all Documents and Data. Contractor makes no such representation and warranty regarding Documents and Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.2 C
ontractor ’s Books and Records . Contractor shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.3 I
nspection and Audit of Records . Any records or documents that Section 9.3 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SEC
TION 10. MISCELLANEOUS PROVISIONS.

10.1 A ttorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

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10.2 A pplicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. If either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Los Angeles County.

10.3 S
everability . If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 S
ection 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.

10.5 N
o Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and
Assigns. The provisions of this Agreement shall
inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 C ontractor Representative. All matters under this Agreement shall be handled for Contractor by (“Contractor ’s Representative”). The Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the services under this Agreement.

It is understood that the Contractor, in the
performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City.

As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits, which accrue, to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement.

10.8 C ity Contract Administration. This Agreement shall be administered by a City employee, (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or their designee. The Contract Administrator shall have the power to act on behalf of the City for all purposes under this Agreement. Unless otherwise provided in this Agreement, the Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 No
tices . Any written notice to Contractor shall be sent to:

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Attn:_______________
_______________
_______________
A
ny written notice to City shall be sent to the Contract Administrator at: City of La Verne
3660 D St LAVERNE, CA 91750

with a copy to:

City Clerk
City of La Verne 3660 D St La Verne Ca 91750

10.10 P rofessional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.

S
eal and Signature of Registered
Professional with report/design
responsibility.

10.11 R ights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive 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 shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 I
ntegration . This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 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 reas on of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 C
ounterparts . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 E
xecution of Contract. The persons executing this Agreement on Council Agenda Packet, December 18, 2023 Page 41

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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.

10.15 No
ndiscrimination . Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No
Third -Party Beneficiaries. Except for the specific provisions set forth in this Agreement, there are no intended third- party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 No nliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 N o Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of 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 City shall receive compensation, directly or indirectly, from consultant, or from any officer, employee, or agent of consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 N
o Benefit to Arise to City Employees. No member, officer, or employee of 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 s ervices to be performed under this Agreement.

I
N WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF LA VERNE CONTRACTOR Southland Mechanical Council Agenda Packet, December 18, 2023 Page 42

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__________________________________ __________________________________ By:

__________________________________ __________________________________ Attest: Lupe Estrella, Assistant City Clerk
(Note: Two Officer’s signatures required if Contractor is a corporation, unless provided with a certificate of Secretary in-lieu)

_________________________________
Approved as to Form
Kimberly Hall Barlow, City Attorney

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City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

PUBLIC WORKS DEPARTMENT

CITY OF LA VERNE

LA VERNE, CALIFORNIA

REQUEST FOR PROPOSALS (“RFP”)

Multi-year preventative maintenance contract for
heating, ventilation, and air conditioning (HVAC)

Council Agenda Packet, December 18, 2023 Page 45
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

1 TABLE OF CONTENTS

I. NOTICE INVITING PROPOSALS Summary...........................................................................................2 II. SCOPE OF SERVICES............................................................................................................................3 III. TIMELINE/IMPORTANT DATES……………………………………………….………….........................….7 IV. GENERAL INFORMATION......................................................................................................................8 V. TERMS AND CONDITIONS...................................................................................................................11 VI. PROPOSAL REQUIREMENTS & INSTRUCTIONS..............................................................................12 VII. PROPOSAL SUBMITTAL INFORMATION...........................................................................................17 VIII. QUALIFICATIONS, EVALUATIONS, AND SELECTION PROCESS...................................................18 IX. PROPOSERS QUALIFICATIONS.........................................................................................................22 X. ATTACHMENTS AND EXHIBITS………………………………………………………………….………….23 XI. ATTACHMENT A: COST PROPOSAL AND ACCEPTANCE OF PROPOSED CONTRACT/AGREEMENT………………………………………………………………...…………….……24 XII. ATTACHMENT B: INSURANCE REQUIRMENTS…………………………………………...……...……..28 XIII. ATTACHMENT B.1: ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE COVERAGES SPECIFIED…………………………….…31 XIV. ATTACHMENT C: EX Parte Communications Form…………………………………...………………...32 XV. ATTACHMENT D: Previous Contract Performance & Litigation Statement…………………………………………………………………………………………....…………..33 XVI. ATTACHMENT E: Acknowledgement of city recycling requirements…………………...…….….….35 XVII. ATTACHMENT F: Acknowledgement of emissions and climate pollutant reduction Senate Bill 1383……………………………………………………………………………………..………....36 XVIII. ATTACHMENT G: La Verne FACILITIES Map ..................................................................................37 XIX. ATTACHMENT H: TASKS/SERVICES.................................................................................................38 XX. ATTACHMENT I: La Verne Equipment list……………………………….…………….………………....41 XXI. ATTACHMENT J: BIDDER’S BOND…………………………………………………………………………43 XXII. EXHIBIT A: Draft Maintenance and Repair Contract Services Agreement…………………………48

Council Agenda Packet, December 18, 2023 Page 46
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

2 CITY OF LA VERNE
Multi-year preventative maintenance contract for heating, ventilation, and air conditioning (HVAC)

I. NOTICE INVITING PROPOSALS

REQUEST FOR PROPOSAL (RFP) STATEMENT OF PURPOSE
The City of La Verne is seeking proposals from experienced parties qualified to provide heating, ventilation, air conditioning (HVAC), Maintenance and Repair Services for the City’s facilities as well as for declared emergencies for the City of Verne. The city is seeking a qualified company with experience performing HVAC maintenance and repair operations in large commercial buildings. The work will include the provision of a maintenance and management program including, but not limited to the inspection, periodic preventative maintenance, repairs, service calls, and other task servi ces necessary to insure safe, well maintained HVAC systems providing quality air for the City employees and the public. Quarterly services will be conducted at all administration, maintenance, and public areas listed. The service includes, but is not limited to the maintenance, delivery/pickup, supplies, and any labor associated with these services. It is intended for the awarded Contractor to enter into a multi-year fixed monthly rate contract term with a maximum term (and any subsequent amendments or modifications) not exceeding five (5) years.

PROPOSALS DUE
ON OR BEFORE: Tuesday, November 14, 2023

MANDATORY PRE-BID MEETING/ Tuesday, October 24, 2023at 10:00 a.m.

WALKTHRU: City of La Verne, City Hall
3660 D Street, La Verne, CA 91750

PLACE OF PROPOSAL RECEIPT: https://pbsystem.planetbids.com/portal/45040/portal-home

PROJECT IDENTIFICATION NAME: HVAC Maintenance and Repair Services

NOTICE IS HEREBY GIVEN that the City of La Verne, County of Los Angeles, California (“City”), will receive up to, but not later than, the time set forth above online contract proposals for the award of a contract for the HVAC Maintenance and Repair Services described herein. All proposals shall be made on Planet Bids and submitted on or before the date and time noted above.

OBTAINING PROPOSAL DOCUMENTS:

Proposals will be received by the City of La Verne, hereinafter called the “City”, via electronic submission through the City’s PlanetBids’ Contractor/bidding Portal at https://pbsystem.planetbids.com/portal/45040/portal-home Mailed, faxed or hand-delivered proposals will NOT be accepted. Proposals must be submitted electronically on the PlanetBids Contractor/Bidding Portal website and accompanied by re quired forms and attachments to be considered.
• Utility company service problems.
• Non-moving parts (such as heat exchangers, boiler tubes, shells, condenser tubes, gas, and water piping). • Natural gas supply.
• Air distribution duct work.
• Air balance.
• Thermal insulation.

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City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

3 • Improper operation.
• Negligence or misuse of equipment by persons occupying the space, the owner, the owner’s representative, or vandals:
• Alteration, additions, or repairs made by others’ catastrophic acts of nature, equipment interiors and exteriors. • Plumbing.
• Electrical service beyond the parts of the heating, cooling, and ventilation equipment. • Electrolysis.
• Work required by governmental agencies or insurance agencies. • Removing, replacing, or altering any part of the building structure in the performance of this agreement; and • Individual ceiling mounted restroom ventilation fans.

II. SCOPE OF SERVICES

The Contractor shall provide all labor, supervision, materials, miscellaneous supplies, transportation, equipment, tools, chemicals, and all other accessories, services, and activities necessary for the provision of preventative HVAC maintenance and repair on and within City facilities as specified below. The contractor shall employ, at a minimum, generally accepted standards and practices utilized by people engaged in providing similar services.

It is the contractor’s responsibility to:
• Provide an appropriate level of on-site staffing as needed • Provide appropriate tools, equipment, and vehicles necessary to support all building HVAC equipment and control systems during normal business hours 7:00 A.M. – 4:00 P.M. for routine maintenance, will be coordinated as approved by the city. Monday through Fridays including holidays and for response after normal working hours.

Contractor’s services are to be compliant with all Federal, State, CARB, AQMD, OSHA, ASHRAE, and all other applicable regulatory requirements, including payment of prevailing wages.

The contractor shall repair or replace failed or worn moving parts (such as: bearings, motor rotors, motor starters, seals, gears, burners, actuators, controls, and switches). Prior to beginning any repair or replacement, Contractor will troubleshoot the system to diagnose the system’s problems. The City shall not incur any extra charge for troubleshoot of the system. The Contractor shall itemize the equipment list (Attachment I) and verify equipment, state which equipment is in need of repair or replacement. If HVAC equipment is not repairable, the contractor will replace it with an equivalent type that has been approved by the City. Repair or replacement is subject to bid quote process. See non-exclusivity below.

Non-exclusivity Nothing contained in this Agreement shall be construed or interpreted as giving the Contractor any exclusive right or priority to provide any or all of the services described in this Agreement, and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City's needs and interests.

CONTRACTOR RESPONSIBILITIES/REQUIREMENTS
Contractor shall provide labor and material to perform preventative maintenance, service, and repair of all HVAC equipment and controls system (I-Vue). All filters, belts, annual testing and written report of the chilled water and semi-annual boiler, water treatment, grease, refrigerant, oil, touch-up, paint, and mechanical, electrical, miscellaneous parts and materials needed to maintain the equipment to service, repair, and maintain to the manufacturer’s specifications will be included in this proposal.

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City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

4 Standards of Conduct: The Contractor is responsible for maintaining standards of employee competence, conduct, courtesy, appearance, honesty, and integrity satisfactory to the city.

Supervision: The Contractor shall always provide adequate and competent supervision during the Contract term. The Contractor shall be readily available to meet with the City. Contractor shall provide the telephone numbers where its representative(s) can be reached.

City Premises: Contractor’s employees and agents shall comply with all City rules and regulations while on City premises.

Removal of Employee: The City may request the Contractor immediately remove from assignment to the city any employee found unfit to perform duties in the city. The Contractor shall comply with all such requests.

Communication Skills: Contractor shall ensure that onsite employees can communicate in English both verbally and in writing.

Local Office: If possible, the Contractor shall maintain a local office with a competent company representative who can be reached during normal working hours, 7:00 a.m. to 6:00p.m. and who is authorized to discuss matters pertaining to this contract with the Technical Representative. A local office is one that can be reached by telephone within the 909-area code or adjacent and within a 10-mile radius to the City of La Verne. Please specify where your office is in your proposal submittal. The Contractor shall at no time be permitted to utilize existing or future on-site trash receptables to dispose of waste or waste containers resulting from performance of services. Contractors shall not be permitted to store equipment and/or chemicals at any of the City’s locations, except as expressly provided herein.

Belt Driven Equipment: Within 30 calendar days after receiving a Notice to Proceed from the City, the Contractor shall obtain spare drive belts for every piece of equipment in the City’s HVAC equipment inventory. These spare belts are to be kept at the same location as the equipment they service. Eighteen (18) months after the Notice to Proceed and eighteen (18) months after execution of any amendments to extend the agreement, the Contractor shall procure an additional set of drive belts and shall install the previously procured spare belts on every piece of equipment. The Contractor shall include this cost as part of his bid item price for routine preventative maintenance and no other compensation will be provided.

Equipment & Enclosures: The equipment enclosures and equipment are to be kept free of dust, lint, oil residue and debris. Units shall be maintained in a reasonably clean and dry condition. Oil spills shall be cleaned up immediately and reported to the City Facility Supervisor. Refrigerant and oil leaks shall be documented and reported to the authorized City representative. All waste materials will be removed from the area immediately and disposed of properly. Cleaning shall be performed in accordance with the Contract specifications.

All fastenings and screws will be secured and tightened. Missing screws shall be replaced. Operating Panels, indicators and markings shall be maintained as installed. Defaced components will be reported to the City Facility Supervisor or his/her authorized representative. Equipment enclosures and doors shall be kept locked to prevent unauthorized access.

Controls & Other Equipment: Controls and other operational apparatus will be kept clean, properly lubricated, and adjusted as required; relays and contactors shall be kept clean and operating without excessive arc. All electrical connections shall be tight, taped and tagged when not in use. Coils, contacts, Council Agenda Packet, December 18, 2023 Page 49
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

5 relays, and resistors showing signs of deterioration shall be repaired or replaced, as necessary. Care must be exercised when handling printed circuit boards. Proper grounding is necessary when handling some versions of solid-state boards in stock locally or having access to spares for overnight delivery.

All work shall be warrantied for a period of sixty (60) days. Additional service calls required within this time, for warranties services, shall be provided at no additional charge to the City.

The City of La Verne will require copies of the Material Safety Data Sheet (MSDS) on all chemicals used in any manner.

All chemical spraying must meet current Federal, State, and City of Menifee regulations.

Upon request, the Contractor will supply the City authorized representative, pictures of “Before and After” maintenance that are suitable for reproduction.

City Responsibilities
The City will provide details and access to all city facilities where services are to be provided.

Contract Modifications
The City reserves the right to change the number of facilities or services required. It is possible that additional facilities will be added to the scope of work throughout the length of the agreement.

Emergency Call Out Service
Contractors shall provide 24-hour emergency service as needed in all aspects of HVAC emergency repair for the City facilities included in this specification. Hours shall be Monday through Friday 4:00 p.m. to 7:00 a.m. and 24 hours each day on weekends and Holidays. Contractor shall respond by telephone to the City Representative within thirty (30) minutes and have working personnel on-site within two (2) hours of the call- out or if the problem is capable of being corrected using a computer and/or a mobile device (such as tablet, cellphones, laptop) to alleviate the source of complaint.

HVAC Maintenance and Monitoring
Contractor is responsible for, but not limited to, the following tasks:
• Respond to indoor temperature complaints, provide expeditious correction, record complaints and corrections at all City buildings.
• Inspect all HVAC systems at least once each year prior to summer in April/May, with seasonal start-up and run inspections performed and documented. To be done at a time that is mutually agreeable between the contractor and city staff.
• Review the contract and through monitoring and inspections verify that the services described in Attachment H are performed.
• For all types of HVAC pumps: Lubricate bearings and test pumps semi-annually. Inspect couplings and check for leaks. Investigate unusual noises.
• Perform air-handling unit maintenance, which includes, but is not limited to, all services recommended by manufacturer.

Annual Maintenance
Contractor will perform scheduled annual and multi-annual preventive maintenance in accordance with services described in Attachment H as well as a program of standard routines as determined by Contractor’s experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location. The equipment included under these services are itemized in the list of Council Agenda Packet, December 18, 2023 Page 50
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

6 equipment (Attachment I). For any maintenance that requires the use of handheld equipment, the Contractor shall use battery-operated alternatives.

HVAC Air Filter Changing Service
This service will maintain indoor air quality by changing filters quarterly and minimizing dust and particles from collecting on ductwork. However, the filters for the Veterans Hall, Community Center, and Oak Mesa School shall be replaced monthly. This service will ensure proper flow through cooling and heating coils; thus, preventing restrictions in airflow, leading to higher system and energy efficiency. All filters shall be pleated with high efficiency and MERV13 filters or the manufacturer published recommendations.

Air Cooled Condenser Coil Cleaning
This service will improve airflow across condenser coils, improve heat transfer and extend the life of the compressors. Coil cleaning consists of:
• Cleaning the outside surface of the condensing unit coils to remove any airborne particles and dirt build-up by using a brush or high-pressure air; and
• Using chemicals with low- or high-pressure wash based on the condition of outside environment and coil accessibility.

Evaporator Coil and Cleaning
The contractor will clean air handling unit evaporator coils that will help improve air circulation in the air distribution system and reduce dust and dirt that is in the system. Coil cleaning will:
• Be done at a time that is mutually agreeable between the Contractor and City staff. • Consist of cleaning the surface of the evaporator coil to remove dust and dirt particles that have collected on the evaporator coil; and
• Use a vacuum cleaner and/or other devices that allow the proper cleaning of the coil.

Operating Inspection – Heating
This service will help to ensure mechanical equipment continues to operate efficiently, safely and with little operating disruptions during the operating season. Contractor will provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by the City, the equipment, manufacturer’s published recommendations, equipment application, and location. A list of the tasks included with this service is outlined in Attachment H.

Water Treatment Services
The Contractor will perform water treatment service and testing for both hot water and chilled water loops at the Fire Station and Police Station (Public Safety Bldg.).

Semi-annual testing and written report of boiler system water to be sampled and tested by an independent qualified laboratory.

Annual testing and written report of chiller water to be sampled and tested by an independent qualified laboratory.

Billable Work
All work beyond and in addition to the scope of the contract shall be considered billable hours and will require approval from city staff.

Evidence of insurance as specified in the contract documents will be required prior to the execution of the contract.

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City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

7 All questions regarding this Request for Proposal (RFP) must be submitted via the City’s PlanetBids portal (Q&A section). No questions will be answered that are mailed to the Project Manager or other City Staff.

Additionally, prospective Contractors may be disqualified if they contact any City employee other than Public Works or the Finance Department.

The City reserves the right to reject any or all proposals, waive any irregularities or informalities in any proposal or in the RFP process, and make such award(s) as is in the City's best interest. No proposing contractor may withdraw their proposal for a period of ninety (90) calendar days after the opening of proposals.

III. TIMELINE/IMPORTANT DATES

**This request for proposal will be governed by the following schedule:

1 Release of RFP/Notice Inviting Bid Monday, October 2, 2023 2 Mandatory Pre-Proposal Meeting/Job Walk* Tuesday, October 24, 2023 3 Deadline for Submissions of written questions Tuesday, October 31, 2023 4 Response to questions Tuesday, November 7, 2023
5 Proposal due date Tuesday, November 14, 2023
6 Interviews November/December 2023
7 City/Council Approval of contract/Tentative December 18, 2023 8 Commencement of Contract December, 2023

*Only proposals submitted via the PlanetBids contractor portal at https://pbsystem.planetbids.com/portal/45040/portal-home by Proposal Due Date 10:00 a.m. on Tuesday, November 14, 2023 . will be accepted. The Bidders are responsible for checking the purchasing website for notice of intent to award.
**All dates are subject to change at the City’s discretion.

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City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

8 IV. GENERAL INFORMATION

Notice is hereby given that proposals will be submitted one electronic copy of the RFP via the City’s PlanetBids’ Contractor/Bidding Portal at https://pbsystem.planetbids.com/portal/45040/portal-home until 10:00 a.m. on Tuesday, November 14, 2023

Request for Information: All correspondence and questions regarding this RFP for clarification purposes only are to be submitted in the City’s PlanetBids portal (Q&A section).

All questions or comments concerning the RFP process and the subsequent award shall be submitted on or before noon on Tuesday, October 31, 2023. The city will provide a response no later than 4:00 p.m., Tuesday, November 7, 2023
The City will not entertain or respond to questions or any queries after this date.

Mandatory Pre-Proposal Meeting/Job Walk: Each proposing contractor is hereby notified that a Mandatory Pre-Proposal meeting will take place on Tuesday, October 24, 2023, at 10:00 a.m. at La Verne City Hall located at 3660 D Street, La Verne, CA. The Mandatory Pre-Proposal meeting is being held to provide clarifications concerning this RFP process and subsequent contract award. To provide comprehensive answers and minimize response time, Proposers will be asked to submit questions prior to the Mandatory Pre-Proposal meeting in writing as described above. Only proposals from attendees at the mandatory meeting will be accepted.

Submission Deadline: Proposals shall be typed and uploaded on 8 1/2 “ x 11” size paper, and up to a total page limit of twenty-five (25) pages (NOT INCLUDED dividers, transmittal letter, Table of Contents, and required forms). Proposers should not include any unnecessar y elaborate promotional material. Lengthy narrative is discouraged, and the proposal should be brief, clear, and concise. Mailed, hand delivered, or faxed proposals will NOT be accepted. Proposal due date 10:00 a.m. on Tuesday, November 14, 2023

Late Submittals : It is strongly recommended that proposals be submitted before the submission deadline.

Proposals received after the specified submission deadline will not be accepted. Proposals postmarked prior to the applicable deadline date but received after the deadline will also be returned unopened. Proposers are responsible to ensure the timely submission and receipt of the City of their proposal. Proposals may not be submitted and shall not be accepted by the City via facsimile or electronic mail.

Withdrawal or Modifications : All proposals must be submitted via the PlanetBids contractor portal at https://pbsystem.planetbids.com/portal/45040/portal-home by Proposal Due Date 10:00 a.m. on Tuesday, November 14, 2023 City reserves the right to change the number of facilities or services required. It is possible that additional facilities will be added to the scope of work throughout the term of the agreement.

Addenda: If any portion of this RFP is changed, the City will provide addenda to all known RFP recipients. The signed addenda must be included with the submittal. Submittals received without the applicable addenda may be rejected as non-responsive.

Responsiveness: All submittals will be reviewed by the City to determine compliance with all requirements and instructions as specified in the RFP. Proposing contractors are hereby notified that failure to comply with any part of the RFP may result in the rejection of the submittal as non-responsive.

Pre-Contractual Expenses: The City shall not, in any event, be liable for any pre-contractual expenses incurred by the proposing contractor in preparing a respon se to this RFP, which shall be the sole responsibility of the proposer. Proposing contractors shall not include any pre-contractual expenses as part of the proposed fee for services. “Pre-contractual expenses” shall be defined as expenses incurred by a proposing contractor in connection with its response to this RFP, including but not limited to (i) the cost of preparing and submitting a Council Agenda Packet, December 18, 2023 Page 53
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9 proposal to the City; (ii) the cost of engaging in negotiations with the City on any matter relating to the RFP; and (iii) any other expenses incurred by a proposing contract or prior to the execution of a contract with the City for services, if such an agreement is reached.

Proposals will become the property of the City and may be used by the City in any way deemed appropriate.

Received proposals will not be returned to the Proposer.

Legal Authorization: All forms and documentation included in this RFP must be signed and dated by the proposing contractor or a person authorized to legally bind the proposing contractor to a contractual relationship with the city.

Conflict of Interest: Each proposing contractor is required to submit a brief statement disclosing all potential conflicts of interest, including:
a. Any litigation involving the proposer or the proposer’s personnel that is averse to the Cit y.

Termination of contract and/or civil suit.
b. Consulting/Contracting services are currently being provided or provided within the last four years to any person, corporation, partnership, or other entity that was awarded a contract by the City for a project or services.
c. By signing the Agreement, each proposing contractor declares and warrants that no elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with the award of the Ag reement or any work for the proposed project.

For the term of the Agreement, no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City and for two (2) years following his/her termination or office or employment with the City, shall have any direct interest in the Agreement, or obtain any present, anticipated or future material benefit arising therefrom.

Rejection of Submittals: The City reserves the right at its sole and unfettered discretion to reject all submittals to this RFP received without penalty. Without limitation, a proposal may be rejected for the following reasons:
a. It contains misrepresentations or misleading information. b. It is received at any time after the exact date and time set for receipt of proposals. c. It does not meet the required specifications or terms and conditions as prescribed. d. It is signed by an individual not authorized to represent the Proposer. e. The Proposer submitting the proposal is involved in outstanding litigation that could impair. its ability to complete the responsibilities and obligations of the proposal. f. Any other reason determined to be sufficient grounds for rejection of the proposal, in the City’s sole and absolute discretion.

No Guarantee of Contract: No guarantee is made that any contract will be awarded in response to this RFP.

Insurance Coverage: If a proposing contractor is selected, all insurance documentation will be provided to the City prior to the execution of a contract at the expense of the successful proposer. All insurance requirements are included as a provision of the contract.

Sub-Contractors: Proposing contractors shall identify all subcontractors that will be performing work in connection with its proposal and describe the responsibilities that will be assigned to them. The same level of references and background information required for proposing contractors shall be required of subcontractors.

Acceptance of Conditions : Proposing contractors shall include a statement offering the acceptance of all conditions listed in the RFP document which shall be submitted with the proposal.

Proprietary Information/Public Records: All proposals submitted in response to this RFP will become the Council Agenda Packet, December 18, 2023 Page 54
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10 property of the City upon submission and a matter of public record pursuant to applicable law. City reserves the right to make copies of all proposals available fo r inspection and copying by interested members of the public as records of the City, including proposals which may contain information the Proposer regards as proprietary in nature. The city shall be under no obligation to any proposing contractor to withhold such records unless the City’s legal counsel determines information a proposing contractor regards as proprietary may be withheld pursuant to applicable provisions of the California Public Records Act (Gov. Code Section 7920.000, et seq.) or other applicable state or federal law . Insofar as a proposal contains information that a proposing contractor regards as proprietary and/or confidential, it shall be the responsibility of such contractor (and not the City) to clearly identify, in writing, which specific pieces of information are proprietary. It shall be insufficient for a Proposer to merely identify the ir entire proposal or an entire page or set of pages from their proposal as proprietary. With respect to information deemed proprietary, the procedures set forth below shall be observed.

Not-to-exceed sums, hourly rates and the like that may be set forth in a proposal shall not constitute proprietary information, nor shall any information readily available to the public or any oth er information not regarded as proprietary and confidential under federal or state law.

In the event that the City receives a public records request and proposes to disclose records containing information a proposing contractor has specifically identified as proprietary and/or confidential, the City shall notify the Proposer in writing of its intent to release such information, and the Proposer shall have five (5) working days after City’s issuance of its notice to give City written notice of Proposer’s objection to the City’s release of the allegedly proprietary and/or confidential information and the Proposer’s intent to seek a protective order from a court of competent jurisdiction. The City will not release the proprietary and/or confidential information after receipt of the objection notice and notice of intent from the Proposer unless: (i) the objection notice is not received by the City until after the close of business on the 5th day following City’s issuance of the notice of intent to disclose; (ii) the City is ordered to release the information by a court of competent jurisdiction; or (iii) the Proposer’s objection notice fails to include a fully executed indemni fication agreement wherein the P roposer agrees to indemnify, d efend and hold harmless the City, and its elected and appointed officials, officers, directors, employees and agents from an against all liability, loss, cost or expense (including attorney’s fees) arising out of any legal action brought to compel the rele ase of records containing the proprietary and/or confidential information the Proposer wishes to withhold.

Right to Request Additional Information: During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from any proposing contractor, or to allow corrections of errors or omissions in any timely submitted proposal. At the discretion of the City, interested contractors submitting proposals may be requested to make oral presentations as part of the City’s evaluation process.

Additional Services: The Scope of Services describes the minimum baseline level of serv ices contemplated by this RFP. However, cost-effective proposals that exceed the minimum levels of service are welcome. When the City makes a final selection of a contractor, the Scope of Services may be modified and refined during negotiations with the City to account for the performance of services that exceed the baseline level called for by this

Ex Parte Communications: Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the City’s principal contact for this RFP regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A “Proposer/Contractor” or “Proposer’s /Contractor ’s representative” includes all the Proposer’s employees, officers, directors, Contractor s and agents, any subcontractors or suppliers listed in the Proposer’s proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer’s behalf.

Proposers shall include the Ex Parte Communications form (Attachment C) with their proposals certifying that Council Agenda Packet, December 18, 2023 Page 55
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11 they have not had or directed prohibited communications as described in this section or, if applicable, identifying any such communications.

V. TERMS AND CONDITIONS

Certification: By submitting a proposal, the proposing contractor certifies that it has read and fully understands the RFP and has full knowledge of the nature, scope, and scale of the services to be performed thereunder.

The proposing contractor further certifies that its proposal was prepared without prior understanding, agreement or connection with any other Proposer submitting a proposal in response to this RFP and is in all respects fair and without collusion or fraud, such that all potential contract awards will result from free, open and competitive proposing among all proposing contractors.

Reservation of Rights & Potential Contract Award: The City reserves the right to reject all proposals received in response to this RFP. As authorized by law, the City’s potential award of a contract to a successful proposing contractor will not be based on any single factor , nor will it be based solely or exclusively on the lowest-cost proposal. If a contract is awarded, it will be awarded to the Proposer who - in the sole and unfettered judgment of the City – has presented an optimal balance of relevant experience, background, technical expertise, technological innovation, price, quality of service, work history , ability to provide requested services and other factors which the City may consider relevant and important in determining which proposal is best for the City.

As set forth in detail in the “Evaluation and Selection Process” section of this RFP, the selection will be made by an Evaluation/Selection Committee which will review and consider the proposals submitted, con duct interviews with qualified Proposers and make a recommendation to the City Council regarding the award of the contract to perform the HVAC maintenance and repair services contemplated by this RFP.

Assignment and Guarantee: No assignment by a successful proposing contractor of a contract award or funds to be received thereunder shall be binding unless the City has given written consent to such assignment. There is no guarantee of a minimal amount of work or compensation for any Proposer selected to engage in contract negotiations with the City.

Clarification: All correspondence and questions regarding this RFP for clarification purposes only are to be submitted electronically on the PlanetBids Contractor/Bidding Portal website and accompanied by required forms and attachments to be considered.

All questions or com ments concerning the RFP process and the subsequent award shall be submitted on or before noon on Tuesday, October 31, 2023. The city will provide a response no later than 4:00 p.m., Tuesday, November 7, 2023
. The City will not entertain or respond to questions or any queries after this date.

Nondiscrimination: The contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them based on age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. In performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, gender identity, gender expression, pregnancy, ancestry, physical or mental disability, national origin, religion, or medical condition.

Indemnification: All proposing contractors shall, at their sole cost and expense, indemnify, defend, and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless the City, its employees and agents from any liability of any nature or kind related to the preparation or presentation of a proposal in response Council Agenda Packet, December 18, 2023 Page 56
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12 to this RFP.

Gratuity Prohibition: No proposing contractor shall offer any gratuities, favors or anything of monetary or intrinsic value to any official, employee or agent of the City for the purpose of influencing consideration of this proposal.

Contract Provisions: If a contract is awarded, the selected Proposer will be required to adhere to a set of general contract provisions which will become a part of any formal agreement (see provisions set forth in Exhibit A – City’s Draft Maintenance and Repair Contract Services Agreement). No exception will be granted unless requested and approved, in writing, by the City Attorney.

Compliance with Law: All services to be performed under the contract contemplated by this RFP, if awarded, shall be performed in compliance with all Federal, State, CARB, AQMD, OSHA, ASHRAE, and all other applicable regulatory requirements, the California Environmental Quality Act (“CEQA”) and all other applicable local, state and federal laws, rules and regulations.

Background Check: The City, at its discretion, reserves the right to have employees complete a background check prior to working in any city facility. Designated personnel will be required to DOJ fingerprinting prior to any work.

City Key Policies and Procedures : Keys will be issued to the Contractor and designated employees upon written approval from the Department Head and Director of Public Works/assistant city Manager. A deposit of $100.00 is required for the first key and $50.00 for each key thereafter. The deposit is refundable upon return of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works/Assistant City Manager. Individuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsibly.

VI. PROPOSAL REQUIREMENTS AND INSTRUCTIONS

Proposal Format/Content:

Proposals shall be typed on 8 ½” x 11” size format.. Proposals shall be to the point and contain only relevant information. Proposals will be considered by the City based on the following five general factors listed below.

Proposing contractors must provide all the information and responses outlined under each factor to the City for its consideration and review.

The firm must submit one (1) electronic copy of the RFP via the City’s PlanetBids’ Contractor/Bidding Portal at https://pbsystem.planetbids.com/portal/45040/portal-home to respond and conform to the overall RFP requirements.

Proposals shall have a total page limit of twenty -five (25) pages (NOT INCLUDED dividers, transmittal letter, Table of Contents, and required forms). Proposers should not include any unnecessarily elaborate promotional material. A lengthy narrative is discouraged, and the proposal should be brief, clear, and concise. Mailed, hand- delivered, or faxed proposals will NOT be accepted. Proposal due Date 10:00 a.m. on Tuesday, November 14, 2023

BID BONDS When deemed necessary by the City, Bid Bonds shall be furnished by all bidders in the amount of at least 10% of the bid, to guarantee that bidders will enter contract to furnish goods at prices stated.

The following Bonds are required: Include any additional bonds that may be required.

BID BOND (All Bidders): A Bid Bond is required for this bid. The value of the Bid Bond shall be 10% of the bid Council Agenda Packet, December 18, 2023 Page 57
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13 amount. The Bid Bond upon a form provided by bidders’ surety company or a certified check payable to the City of La Verne and drawn on a solvent bank of the United States of America, is require d with the bid. A scanned copy of the Bid Bond shall be submitted along with the electronic bid, by the bid submission deadline. The original hard copy of the Bid Bond shall be submitted to the Public Works, as a guarantee that the contractor, if awarded a contract, will execute and deliver such contract to the City. Bidders shall submit Bid Bond or Certified Check in a sealed envelope to the address shown below:
3660 D St, La Verne Ca 91750

SUBMITTAL REQUIREMENTS: The proposal shall include the following:

ITEM # DESCRIPTION REQUIRED TO

BE COMPLETED

AND RETURNED

WITH PROPOSAL

RESPONSE
1 Cover Page/Letter of Introduction X
2 Experience and Qualifications of the Individual/Firm X 3 Evidence of Responsibility/References X
4 Attachment A: Proposal & Acceptance of Proposed Agreement X 5 Attachment B: Insurance Requirements
Acknowledgement/Certification
X
6 Attachment B.1: Acknowledgement of insurance requirements certification of ability to provide coverages specified.

X
7 Attachment C: EX Parte Communications Form X
8 Attachment D: Previous Contract Performance & Litigation Statement
X
10 Attachment E: Acknowledgement of City Recycling
Requirements
X
11 Attachment F: Acknowledgement of emissions and climate pollutant reduction Senate Bill 1383
X

Cover Page/ Letter of Introduction: Proposals must be signed and include a letter of introduction along with the individual/firm name, website, address, telephone number, email, and name of the person authorized to submit the proposal, along with the person’s title. If the individual/firm operates from more than one location, please specify the office to which this project will be assigned. Identify all sub-contractors that will be involved.

Experience, Qualifications and Evidence of Responsibility: The Contractor must describe the qualifications possessed to perform services under this engagement, including technical expertise related to the scope of services. Contractor to provide confirmation that emergency repairs can be provided within 24 hours. Contractor to provide the number of years the firm has been in business. Contractor must have a minimum of five (5) years of experience performing HVAC maintenance services to agencies/events of a similar size and scope.

In accordance with the provisions of Section 330 0 of the Public Contract Code, the City of La Verne has determined that the Contractor shall possess a valid Class C20 – Warm-Air Heating, Ventilating and Air - Council Agenda Packet, December 18, 2023 Page 58
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14 Conditioning Contractor License. Please provide proof of a valid Class C20 License. Failure to po ssess the specified license shall render the proposal as not responsible and/or non -responsive and shall act as a bar to award the Contract to any contractor not possessing said license at the time of award.

Identify any contractors/sub -contractors that y ou would expect to use, noting relevant disciplines. Include resumes and information regarding those firm(s) qualifications.

All contractors must obtain a City of La Verne Business License if selected References: For the prime individual/firms and all sub -contractors, provide reference information and brief project descriptions for at least three (3) clients. Reference projects should have been completed within the last four (4) years and similar in nature to those described in this RFP. Experience with California local municipalities should also be identified. Please include the following information:

Name and Title of Client’s Primary Contact: Telephone number, current email address, and mailing address of the client’s primary contact.

A brief description of the types of services provided, the overall scope of the project, the duration of the project, and the current status of the project.

Cost Proposal & Acceptance of Proposed Agreement (Attachment A): Provide a proposed schedule of total fees for the components of the scope that you are submitting a proposal for and a listing of estimated other direct costs.

Provide a listing of daily rates for services, by type of personnel and/or service.

Include a statement regarding whether the City’s standard contractor agreement (maintenance) is acceptable as is, or whether any modifications would be proposed (INCORPORATED AS PART OF ATTACHMENT A, COST PROPOSAL & ACCEPTANCE OF PROPOSED CONTRACT/AGREEMENT).

Insurance Requirements Acknowledgement/Certification (Attachment B)

Acknowledgment of insurance requirements certification of ability to provide coverages specified ( Attachment B.1)

Ex Parte Communications Form (Attachment C)

Previous Contract Performance & Litigation Statement (Attachment D)

Acknowledgment of City recycling requirements (Attachment E)

Acknowledgment of emissions & reductio n Senate Bill 1383 ( Attachment F) Contractor shall describe what practices and procedures have been adopted to ensure the highest standard of eco -friendly services can be obtained by the City. Please list any eco-friendly programs/partnerships your firm is affiliated with.

Proposals must be signed by representatives of the company who have the authority to bind the company to its provisions. The proposal or a letter accompanying the proposal must state that the quote remains valid for a period of at least ninety (90) days.

Proposals shall be prepared and submitted at the respondent’s sole expense. All proposals wi ll become the property of the City of La Verne and will not be returned. There will be no public bid opening. Only one Proposal is to be submitted by each Firm. Multiple Proposals will result in rejection of all Proposals submitted by the Proposer. The City reserves the right to negotiate mutually acceptable service-related conditions, including cost.

ADDITIONAL INSTRUCTIONS:

RFP documents are available on or after the date mentioned herein (see Timeline/Important Dates) on the Council Agenda Packet, December 18, 2023 Page 59
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15 Contractor/Bidding Portal website, https://pbsystem.planetbids.com/portal/45040/portal-home Respondents shall first register as a Contractor and then log in to the PlanetBids C ontractor/Bidding Portal to search for this project and download the RFP documents. If Respondent experiences problems viewing this website, contact PlanetBids support online http://home.planetbids.com/tech-support or by phone at (818) 992-1771.

Firms fee schedule, reimbursable and overhead costs shall accompany the proposal as Attachment A: Cost Proposal & Acceptance of Proposed Agreement

By submitting a proposal, the responding firm represents that it has thoroughly examined and become familiar with the work required in this RFP and that it is capable of performing quality work to achieve the objectives of the RFP.

Addenda: Any City of La Verne changes to the requirements will be made by a written addendum to this RFP.

Any written addenda issued pertaining to this RFP shall be incorporated into the terms conditions of any resulting Agreement. The City of La Verne will not be bound to any modifications or deviations from the requirements set forth in this RFP as the result of oral instructions.

Firm shall acknowledge receipt of the addendum/addenda (if any) within Attachment 3 (Cost Proposal & Acceptance of Proposed Agreement/Contract) in their proposals. Failure to acknowledge receipt of all addenda may cause a proposal to be deemed non -responsive. All addenda will be available on the City’s PlanetBids’ Contractor / Bidding Portal at: https://pbsystem.planetbids.com/portal/45040/portal-home.

City Contact: All questions and/or inquiries regarding this RFP (post-RFP submittal deadline (i.e., RFP selection status, etc.) shall be submitted directed to:

City of La Verne Public Work Department
Public Work Director: Meg McWade [email protected] 909-596-8741

Questions/inquiries before the subm ittal deadline must be submitted via the City’s PlanetBids portal (Q&A Section). No questions will be answered that are mailed or e-mailed to the Project Manager or other City Staff.

Clarifications: Should a prospective firm require clarifications regarding the RFP, the firm must submit questions directly via the City’s PlanetBids portal (Q&A Section) at https://pbsystem.planetbids.com/portal/45040/portal-home. Should it be found that the point in question is not clearly and fully set forth in the RFP, the City of La Verne will issue a written addendum clarifying the matter(s).

The written addendum will be posted via the City’s PlanetBids’ Contractor/Bidding Portal.

1. Proposal – Additional Information (Information will be reviewed for compliance) a. Subcontractors: The proposer shall identify any subcontractors and describe the responsibilities that will be assigned to them. The same level of references and background information required for Proposers shall be required of subcontractor(s).
b. Acceptance of Conditions: The proposer shall include a statement of offering the acceptance of all conditions listed in the RFP document, which shall be submitted with the proposal.

2. Disqualification Questionnaire

The Proposer shall complete the following question on a separate sheet of paper attached to their Submittal:

Has the proposing contractor, any officer of the proposing contractor, or any employee of the proposing contractor who has management responsibility in the proposing contractor ever been rejected as non- responsible, or disqualified, removed, or otherwise prevented from bidding on or completing a Federal, Council Agenda Packet, December 18, 2023 Page 60
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16 State, or local Government project because of a violation of law or safety regulation?

Yes __________ No________________

If the answer is Yes, please explain the circumstances and attach it to the Submittal.

3. Conditions for Proposal Acceptances

This RFP does not commit the City to award a contract or to pay any costs incurred for any services.

The City, at its sole discretion, reserves the right to accept or reject any or all proposals received because of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any proposal. All proposal s will become property of the City of La Verne, California. If any proprietary information is contained in the proposal, it should be clearly identified.

VII. PROPOSAL SUBMITTAL INFORMATION

Proposal Submittal Deadline: All proposals must be submitted via the PlanetBids contractor portal at https://pbsystem.planetbids.com/portal/45040/portal-home by Proposal Due Date 10:00 a.m. on Tuesday, November 14, 2023.

A. Late Submittals

Submittals are considered late if physically received at any time after 10:00 a.m. on Tuesday, November 14, 2023
. Late submittals will NOT BE ACCEPTED, NO EXCEPTIONS.

B. Tentative Schedule

**This Request for Proposal will be governed by the following schedule.

1 Release of RFP/Notice Inviting Bid Monday, October 2, 2023 2 Mandatory Pre-Proposal Meeting* Tuesday, October 24, 2023 3 Deadline for written questions Tuesday, October 31, 2023 4 Response to questions Tuesday, November 7, 2023
5 Proposal due date Tuesday, November 14, 2023
6 Interviews November/December 2023
7 Approval of contract December 18, 2023
8 Commencement of Contract Sweeping December, 2023

**All dates are subject to change at the City’s discretion.

Execution of the Agreement shall constitute an agreement by the City and the selected Proposer that the estimate for liquidated damages is reasonable. Such sum is liquidated damages and shall not be construed as a penalty; and may be deducted from payments due to the selected Proposer if such conditions or delays occur.

VIII. QUALIFICATIONS, EVALUATIONS AND SELECTION PROCESS Primary consideration will be given to the general appropriateness of the proposal for the project, the technical competence and creative ability of the Contractors (as described in the proposal) and the firm’s willingness to Council Agenda Packet, December 18, 2023 Page 61
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17 work closely with City staff and other professionals. The City reserves the right to reject all proposals that are inappropriate, inadequate, or are otherwise non-responsive to the City’s needs.

An evaluation selection committee consisting of City management and Public Works staff will evaluate those firms satisfactorily complying with the requirements and requested information indicated above.

The committee will rank the firms, as the committee considers appropriate, based on the Proposal Requirements, Scope of Work, selection process and HVAC understanding and the following:

The agreement/contract type will include a Not-to-Exceed firm fixed price. The contract shall be for three years with two (2) additional one-year extension terms by mutual written agreement of the parties, pending satisfactory performance.

Pricing for the “Initial Performance Period”, (Years 1, 2, and 3) shall remain the same, unless otherwise formally amended by an executed amendment(s) modifying the scope of work.

Cost Adjustment: The Contractor may apply for a cost adjustment only after the original contract term ending June 30, 2026. In order for the rate adjustment to be considered by the City, the Contractor shall be in full compliance with all of the performance standards as established by this Contract. The Contract will be adjusted using the California Consumer Price Index, All Urban Consumers, as published by the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles -Ontario- Riverside Statistical Area (CPI-U) provided, however, that those adjustments in rates based solely on the change in CPI will not exceed five (5) percent. The Contractor assumes all risks associated with increased costs of service not reflected in the rate adjustments.

The Contractor shall use the CPI-U for the most recent July fiscal period prior to the contract’s anniversary date.

Changes: Changes in the areas serviced and/or specifications may be necessary during the term of this contract.

Changes in the contract requirements and corresponding changes in compensation may be implemented upon mutual agreement of the City and the Contractor. The City reserves the right to add or delete services at any time with 30 days written notice to the vendor. If additional services are reque sted, the vendor is to provide a cost estimate detailing them as an attachment to the bid along with prices, similar to the established square footage price already being performed, which may be offered as an addendum for the term of this contract agreement.

Selection Process: All proposals will be reviewed by a Selection Committee. The various selection criteria are summarized below. The City’s final selection will not be dictated by any single factor including price. A firm may be eliminated from consideration for failure to comply with any of the requirements of this RFP, depending upon the critical nature of such requirements. Proposals will be evaluated on the criteria specified below:

1. Experience / Qualifications of the Firm (45 Points)
Demonstrated technical qualifications, strength, and stability of the firm and proposed team. Minimum 5 years of experience performing these services. Emergency services provided. Required licenses confirmed.

2. Referenced Projects (Projects/Services of Similar Size and Scope) (25 Points) The contractor shall describe recent specific projects/services of similar size and scope provided to local California municipalities.

4. Cost Proposal (25 Points)
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18 Reasonableness of pricing and competitiveness of the amount compared with other proposals.

5. Quality of Responsiveness of Proposal (5 points)
Completeness of response in accordance with the RFP instructions.

The City of La Verne reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process.
• The City will review proposals, check references and develop a short list of contractors which will be recommended for consideration.
• The City will review the shortlist, interview if necessary, and make a determination. • Upon composing the contract terms with the firm, the contract will be scheduled (if needed) for City Council or City Manager review and approval.

Oral Presentation/Interview: Respondents who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the Selection Committee. This provides an opportunity for the respondent to clarify or elaborate on the proposal. These are fact-finding and explanation sessions only and do not include negotiation. The City of La Verne will schedule the time and location of these presentations. Oral presentations are an option of the City of La Verne and may or may not be conducted.

Draft Maintenance and Repair Contract Services Agreement: The City has provided a copy of the Draft Maintenance and Repair Contract Services Agre ement (Exhibit A). Please review this agreement and provide the City with a written statement of your firm’s willingness to accept all terms of the agreement.

Please note that the City will require the selected firm to enter into a Maintenance Services Agreement. The firm will be required to provide and maintain all of the insurances required by the agreement and a City business license. All insurances and related expenses shall be incorporated into the firm’s proposal.

Pre-Contractual Expenses: The City of La Verne shall not, in any event, be liable for any pre -contractual expense incurred by Proposer in the preparation of its p roposal. Pre -contractual expenses are defined as expenses incurred by Proposer in:
• Preparing its proposal in response to this RFP
• Submitting its proposal to the City of La Verne
• Negotiating with the City of La Verne on any matter related to its proposal • Any other expenses incurred by Proposer prior to date of award

Right to Reject All Proposals: The City reserves the right to reject any or all proposals submitted, and no representation is made hereby that any contract will be awarded pursuant to this RFP. Receipt of a proposal by the City does not constitute a contract with the City. All costs incurred in the preparation of the proposal and subsequent material will be borne by the proposer. The City will provide only staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the proposer. All quotes, inquiries, responses correspondence, proposals, reports, charts, displays, schedules, exhibits and other documentation or other information submitted to the City in response to this RFP will become the property of the City and a matter of public record.

Council Agenda Packet, December 18, 2023 Page 63
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

19 The City retains the right to abandon the proposal process at any time prior to the actual execution of a contract with no financial or other responsibility in the event of such abandonment. The City reserves the right to negotiate all final terms and conditions of any agreement entered.

The specifications included within the scope of work are intended to be as detailed as possible; however, respondents shall not take advantage of omissions or oversights in this document. The successful proposer shall supply products or services that meet or exceed the requirements of this document.

Other: Severability: If any terms or provisions of this Request for Proposal shall be found to be illegal or unenforceable, then such term or provision shall be deemed stricken and the remaining portions of this document shall remain in full force and effect.

Right to Refuse: The City of La Verne reserves the right to retain a proposer it determines to be the most qualified (whether such proposer has submitted a qualifications statement in response to this RFP or not) without competition if such action is deemed to be i n the best interests of the Ci ty of La Verne. There is no guarantee that any proposer deemed qualified through this RFP will in fact be awarded any services by the City of La Verne.

Secured Funding Disclaimer: The award of this project is contingent upon securing funding, in a future City Council approval and award of the Contract.

Assigning/Transferring of Agreement : Any successful firm is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of the resulting agreement or its rights, title, or interest therein or its power to execute such an agreement to any other person, company or corporation without prior consent and approval in writing from the City of La Verne.

Responsiveness Screening: Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their proposals.

Initial Proposal Review: The Committee will initially review and score all responsive written proposals based upon the Evaluation Criteria. The Committee may also contact Proposer’s references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any proposal in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City.

An unacceptable proposal is one that would have to be substantially rewritten to make it accep table. The City may conclude the evaluation process at this point and recommend award to a responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best results for the City prior to making a recommendation or selection.

Interview, Reference Checks, Revised Proposals, and Discussions: Following the initial screening and review of proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral i nterview. Interviews, if held, are tentatively scheduled for November/December 2023 and will be conducted at the City of La Verne, 3660 D Street, La Verne 91750 . This date is subject to change. The individual(s) from the Proposer’s firm or entity that w ill be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the proposal.

In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or Council Agenda Packet, December 18, 2023 Page 64
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

20 additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a proposal, and seek and review any other information deemed pertinent to the evaluation process.

Following conclusion of th is stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the proposal or negotiate the terms and conditions of the agreement with the highest ranked firm.

The City may recommend award without Best and Final Offers, so Proposers should include their best proposal with their initial submission.

Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached . If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest-scoring Proposer or withdraw the RFP.

IX.PROPOSER’S QUALIFICATIONS

The following statements as to experience and financial qualifications of the Proposer must be submitted as part of this proposal and the truthfulness and accuracy of the information is guaranteed by the Proposer.

Proposer’s Experience

The Proposer’s experience in work of a nature similar to that covered in this proposal extends over a period of ___________ years.

Has the Proposer failed to satisfactorily complete a contract awarded to him? If so, they are as follows (list all exceptions and reasons therefore; use additional paper if necessary):

Financial References

Reference is hereby made to the following bank or banks as to the financial responsibility of the Proposer:

Name and Address of Financial Institution

Council Agenda Packet, December 18, 2023 Page 65
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

21 ATTACHMENTS & EXHIBITS:

DESCRIPTION REQUIRED TO BE

COMPLETED AND

RETURNED WITH

PROPOSAL

RESPONSE
Attachment A: Cost Proposal X
Attachment B: Insurance Requirements
Attachment B.1: Acknowledgement of Insurance
Requirements and certification of ability to provide
coverages specified.

X
Attachment C: Certification of Non-Collusion X
Attachment D: Previous Contract Performance &
Litigation Statement
X
Attachment E: Acknowledgement of city recycling
requirements
X
Attachment F: Acknowledgement of emissions and
climate pollutant reduction senate bill 1383
X
Attachment G: La Verne Facilities Map X
Attachment H: Tasks/Services X
Attachment I: Equipment List X

DESCRIPTION PROVIDED FOR

REFERENCE

PURPOSES

Exhibit A: Sample Contract/Agreement
(Maintenance Service Agreement)

Council Agenda Packet, December 18, 2023 Page 66
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

22 ATTACHMENT A: COST PROPOSAL & ACCEPTANCE OF PROPOSED

CONTRACT/AGREEMENT
For each task during the term of the Agreement, please submit the estimated hours and extended cost for each person assigned to this project. Proposers must submit cost proposals for the complete scope of work. Each cost option shall include all possible direct and indirect costs, travel, insurance, overhead, labor, profit, rebates, contingent commissions, renewal commissions, service fees, and any other expenses. Proposals shall include payment of prevailing wages to all employees and subcontractors.

The City reserves the right to add or remove services over the contract term. The City reserves the right to award the service(s) listed on this solicitation "individually", by "groups", "all or none", or by any other method as deemed in the best interest of the City.

Council Agenda Packet, December 18, 2023 Page 67
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

23 City of La Verne Details
BUILDING Packaged
HVAC
Units
HVAC
SPLIT
SYSTEM
Mini Split
system
Exhaust
fans
Air
Handler
Chiller And
components
Boiler and
components
Fan
Coil
City Hall 4 2
Public
Safety
building
1 4 3 2 1 1 9
City Yard 4
Fire Station
2 3
Fire Station
3 3
Community
Center
6 Beach Well
Pump Site
¾ Ton
Cabinet
Mt A/C
unit

Amherst
Treatment
plant
2-W. A
Benjamin
elec.

Cabinet
A/C unit
1 6th and
White Well
Site
1 Veterans
Hall
2 1
Oak Mesa
School
1 Note: Equipment count for each location above. Evaporative coils for split systems included with system count. Contractor to verify equipment counts. Equipment not listed that works in conjunction with equipment on list will not incur additional costs if it is deemed part of the existing system.

Council Agenda Packet, December 18, 2023 Page 68
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

24 Please complete and return Attachment A: Cost Proposal file and provide detailed cost breakdown.

Schedule of fees.

ATTACHMENT A: COST PROPOSAL
Preventative Maintenance
Item No. Facility Unit Unit Price Visits
per Year
Annual
Cost

1. City Hall 3660 D St Per visit $ X4 $

2. Public Safety 2061 3rd St Per visit $ X4 $

3. City Yard 2620 First St Per visit $ X4 $

4. Fire Station 2 4785 Wheeler Ave Per visit $ X4 $

5. Fire Station 3 5100 Esperanza Dr. Per visit $ X4 $

6. Community Center 3680 D St Per visit $ X12 $

7. Veterans Hall 1550 Bonita Ave Per visit $ X4 $

8. Oak Mesa School 5400 Wheeler Ave Per visit $ X4 $

9. Amherst Treatment Plant
2898 Amherst St
Per visit $ X4 $

10. 6th and White St Well Site Per visit $ X4 $

11. Beech Well Pump Site 2751 Beech St Per visit $ X4 $ Total – Annual Cost $
Additional As-Needed Services
Description Hourly Cost

Mechanical Services

$ per Hour

Control System and Programming Services

$ per Hour

Engineering Services

$ per Hour

After Hours Service Call

$ per Hour

Other:

$ per Hour

Other:

$ per Hour

Other:

$ per Hour
Cost Adjustment: The Contractor may apply for a cost adjustment only after the original contract term ending June 30, 2026. In order for the rate adjustment to be considered by the City, the Contractor shall be in full compliance with all of the performance standards as established by this Contract. The Contract will be adjusted using the California Consumer Price Index, All Urban Consumers, as published by the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles -Ontario- Riverside Statistical Area (CPI-U) provided, however, that those adjustments in rates based solely on the change in CPI will not exceed five (5) percent. The Contractor assumes all risks associated with increased costs of service not reflected in the rate adjustments.

The Contractor shall use the CPI-U for the most recent July fiscal period prior to the contract’s anniversary date.

Council Agenda Packet, December 18, 2023 Page 69
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

25 (PLEASE READ AND MARK EACH CHECKBOX CONFIRM ACKNOWLEDGEMENT AND AGREEANCE

WITH THE INDICATED STATEMENTS)
☐ The Proposal Cost provided reflects all possible direct and indirect costs, travel, insurance, overhead, labor, profit, rebates, contingent commissions, renewal commissions, service fees, and any other expenses.
☐ The Proposal provided reflects any additional addendum(s) issued with respect to this RFP. ☐ My signature certifies that this firm has no business or personal relationships with any other companies or person that could be considered a conflict of interest, or potential conflict of interest to the City of La Verne, pertaining to any and all work or services to be performed as a result of this request and any resulting Agreement/Contract with the City.

ACCEPTANCE OF PROPOSED AGREEMENT/CONTRACT:
☐ Submittal of this proposal indicates we have reviewed the proposed written agreement (Exhibit A) and if selected would accept all terms of the proposed agreement. Proposer, in submitting a response to this RFP, warrants that it has full power and authority to comply with the requirements specified herein and will hold the City harmless from and against any and all loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty.

Company Name _

Address: _

City: State: Zip Code:__________

Telephone Number:_(____) Fax Number:_(____)_________________

Company Type:
☐ Corporation ☐ Partnership ☐ Trust/Estate ☐ Limited Liability Company (LLC) ☐ Individual/Sole Proprietor or single member LLC ☐ Other:______________

Signed By __

Print Name Title _
Council Agenda Packet, December 18, 2023 Page 70
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

26 ATTACHMENT B: INSURANCE REQUIREMENTS

CONTRACTORS AND/OR CONTRACTORS TO THE CITY OF LA VERNE (CITY), AT

THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND

MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A -VII, OR

HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURA NCE BUSINESS IN THE STATE OF CALIFORNIA.

AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:

Council Agenda Packet, December 18, 2023 Page 71
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

27 REQUIRED

TYPE OF COVERAGE

REQUIREMENT

MINIMUM LIMITS
Each
Occurrence

Aggregate
YES WORKER’S

COMPENSATION

EMPLOYER’S

LIABILITY
Statutory

Statutory
$1,000,000

$1,000,000
$1,000,000

$1,000,000
YES GENERAL LIABILITY Bodily Injury $1,000,000 $2,000,000 Property Damage $1,000,000 $2,000,000
Bodily Injury &
Damage Combined
$1,000,000 $2,000,000

YES AUTOMOBILE

LIABILITY, INCLUDING

ALL OWNED, HIRED,

NON-OWNED
Bodily Injury $1,000,000 $1,000,000
Each Person $1,000,000 $1,000,000
Each Occurrence $1,000,000 $1,000,000
Property Damage $1,000,000 $1,000,000
Bodily Damage and
Property Damage,
Combined
$1,000,000 $1,000,000

YES ADDITIONALLY

INSURED

THE CITY OF LA VERNE IS TO BE NAMED AS AN
ADDITIONAL INSURED: CONTRACTOR, AT ITS

SOLE COST AND EXPENSE, SHALL OBTAIN AND

MAINTAIN, IN FULL FORCE AND EFFECT

THROUGHOUT THE ENTIRE TERM OF ANY

RESULTANT AGREEMENT, THE INSURANCE

COVERAGE HEREIN DESCRIBED, INSURING NOT

ONLY CONTRA CTOR AND ITS

SUBCONTRACTORS, IF ANY, BUT ALSO, WITH
THE EXCEPTION OF WORKERS’ COMPENSATION,
EMPLOYER’S LIABILITY AND PROFESSIONAL

INSURANCE, NAMING AS ADDITIONAL INSUREDS

CITY, ITS COUNCILMEMBERS, OFFICERS,
AGENTS, AND EMPLOYEES.

Council Agenda Packet, December 18, 2023 Page 72
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

________________________________________________________________________________________ 28 INSURANCE COVERAGE: A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION.

A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.

DEDUCTIBLE AMOUNTS IN EXCESS OF $25,000 REQUIRE CITY’S PRIOR APPROVAL.

INSURANCE CERTIFICATES: CONTRACTOR MUST SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.

UPDATED INSURANCE CERTIFICATES, AS NEEDED, MUST BE RE-SUBMITTED PERIODICALLY

DURING THE PERIOD UNDER CONTRACT, INCLUDING ORIGINAL CONTRACT TERM AND ANY ADDITIONAL TERM EXTENSIONS.

ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSURED”: PRIMARY COVERAGE: WITH RESPECT TO CLAIMS ARISING OUT OF

THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS

PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

CROSS LIABILITY: THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS

INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY

RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING

OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOT AL LIABILITY OF THE COMPANY UNDER THIS POLICY.

NOTICE OF CANCELLATION: IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY

REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON -PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

NOTICES SHALL BE MAILED TO:

CITY OF LA VERNE

PUBLIC WORKS DEPARTMENT
3660 D STREET
LA VERNE CA 91750
Council Agenda Packet, December 18, 2023 Page 73
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services

________________________________________________________________________________________ 31 ATTACHMENT B.1: ACKNOWLEDGMENT OF INSURANCE

REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE

COVERAGES SPECIFIED

I, (Print Name), the

(President; Secretary; Owner or Representative) of the

(Company Name or
Corporation, or Owner), certify that the Insurance Requirements set forth in Attachment B and the Proposed Agreement have been read and understood that our insurance company(ies) (Name(s) of insurance company(ies)) (is/are)
able to provide the coverages specified.

Signature of President, Secretary, Partner, Owner or Representative

Date

Council Agenda Packet, December 18, 2023 Page 74
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 32 ATTACHMENT C: EX PARTE COMMUNICATION CERTIFICATION FORM Made to: City of La Verne

(a) By submitting this proposal, each proposer and each person signing on behalf of any firm certifies, and in the case of a joint proposal, each party, therefore, certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief:

(1) The fees and terms in this proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees and terms with any other proposer or with any other competitor; and

(2) Unless otherwise required by law, the fees and terms which have been quoted in this proposal have not been knowingly disclosed by the proposer prior to the opening, directly or indirectly, to any other proposer or to any competitor; and

(3) No attempt has been made by the proposer or will be made to induce any other persons, partnership or corporation to submit or not submit a proposal for the purpose of restricting competition.

Please indicate by signing below one of the following two statements. Only sign one statement.

I certify that Proposer and Proposer’s representatives have not had any communication with a City Councilmember and/or said above concerning RFP for HVAC Maintenance and Repair Services at any time after Monday, October 2, 2023

________________________________________ _______________________ Name of Firm/Company/Corporation Phone # Address City, State, Zip____

________________________________________ _______________________ Print Name/ Title/ Signature Date

I certify that the Proposer or Proposer’s representatives have communicated after Monday, October 2, 2023 with a City Council member and/or said above concerning RFP for HVAC Maintenance and Repair Services. A copy of all such communications is attached to this form for public distribution.

________________________________________ _______________________ Print Name/ Title/ Signature Date

Council Agenda Packet, December 18, 2023 Page 75
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 33 ATTACHMENT D: PREVIOUS CONTRACT PERFORMANCE & LITIGATION

STATEMENT

The City will evaluate the facts and may, at its sole discretion, reject Proposer’s response if the facts discovered indicate that completion of a contract resulting from this Request for Proposal may be jeopardized by the selection of Proposer. If no such terminations for default have been experienced by Proposer in the last five years, so indicate. The City shall reject any Proposer’s response if it discovers any contract terminations within the stated period that were not disclosed.

PREVIOUS CONTRACT PERFORMANCE: Submit details of all terminations for default experienced by Proposer during the past three (3) years including the other party’s name, address and telephone number. Termination for default is defined as a notice to stop performance due to Proposer’s nonperformance or poor performance and the issue was either (a) not litigated or (b) litigated and such litigation determined Proposer to be in default. Present a description of the facts surrounding each incident and include the Proposer’s position on the matter. Exclude garnishments and similar routine matters that do not affect contract performance. Indicate whether the Proposer or principals have ever been suspended or debarred by any government agency. State “NONE,” if none. Use additional sheets as necessary.

Indicate whether the Proposer or principals have ever been involved in any kind of bankruptcy proceedings. Give a summary of all proceedings and provide a listing of all significant outstanding claims or judgments. State “NONE,” if none. Use additional sheets as necessary.

Council Agenda Packet, December 18, 2023 Page 76
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 34 LITIGATION HISTORY:

Check One:

☐ The undersigned firm has had no litigation and/or judgments entered against it by any local, state or federal entity and has had no litigation and/or judgments entered against such entities during the past ten (10) years.

☐ The undersigned firm, by attachment to this form, submits a summary and disposition of individual cases of litigation and/or judgments entered by or against any local, state or federal entity, by any state or federal court, during the past ten (10) years.

COMPANY:

SIGNATURE:

NAME :

TITLE:

DATE:

Failure to check the appropriate blocks above may result in disqualification of your proposal.

Likewise, failure to provide documentation of a possible conflict of interest, or a summary of past litigation and/or judgments, may result in disqualification of your proposal.

Council Agenda Packet, December 18, 2023 Page 77
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 35 ATTACHMENT E: Acknowledgment of City Recycling

Company:

Signature:

Name:

Title:

Date:

Failure to check the appropriate block above may result in disqualification of your proposal. Awarded Contractor/s that fail to meet these requirements will be in violation of the agreement and shall constitute administrative review or termination of contract.

☐ If the Contractor is required to provide paper products in order to provide the services requested herein, the Contractor understands and agrees to purchase and use on behalf of the City, only paper products with a minimum of 30% post -consumer recycled content that are of the same fitness and quality o f nonrecycled products. Contractor will only provide products after receiving written approval from City representative/s City policy is based on the State recycling requirements. Purchase and use on behalf of the City, products that are recyclable as defined by FTC “Green Guides” (16 CFR 260.12)

Provide monthly (or quarterly) purchase records which include invoice copies of other documentation of purchase, item description, certification of recycled material content, Contractor name, purchase name, quant ity purchased, date purchased. If non -recycled content paper products are provided, include a description of why recycled-content paper products and /or recycled-content products were not provided.

Items include but are not limited to:

Toilet Paper
Toweling
Facial Tissue
Toilet Seat Covers
Council Agenda Packet, December 18, 2023 Page 78
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 36 ATTACHMENT F: Acknowledgement of emissions and climate pollutant reduction Senate Bill 1383
ACKNOWLEDGMENT OF SENATE BILL 1383 REGULATIONS
Senate Bill (SB) 1383 establishes statewide targets to reduce the amount of organic waste disposed of in landfills (50% reduction by 2020 and 75% by 2025). The state defines “Organic waste” as food, landscape and pruning trimmings, lumber, wood, manure, cardboard, paper products, printing and writing paper, and other plant and animal-based products. These new regulations were finalized by CalRecycle on November 2020 and will take effect January 2022 Contractor shall use recycled products in performance of the services to the maximum extent doing so is economically feasible. The contractor shall provide a list of recycled product options to City Staff and await written approval once proposed alternatives have been deemed to meet or exceed specifications required to successfully complete the services mentioned herein. For information on SB 1383 is available on CalRecycle webpage https://www.calrecycle.ca.gov/organics/slcp

This is to acknowledge that we have read and agree to the Senate Bill 1383 (SB 1383) regarding CalRecycle Organics Regulations as set by the State of California.

_____________________________________________________________________ (Firm Name)

___________________________________________ __________________________ (Print name and title of person signing for firm)

_____________________________________________________________________ (Signature/Date)

Council Agenda Packet, December 18, 2023 Page 79
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 37 ATTACHMENT G

LA VERNE FACILITIES MAP

Council Agenda Packet, December 18, 2023 Page 80
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 38 ATTACHMENT H

LA VERNE TASKS/SERVICES

Background
The following tasks listed herein for each equipment type will be performed at the intervals planned. These tasks are designed to place the equipment into prime operating condition so that the equipment will operate effectively, reliably, and efficiently. Frequency shall be yearly (once a year) and as noted otherwise.

Rooftop packaged units
• Preventative maintenance
• Lock out and tag out equipment as required.
• Check all electrical wiring and connections. Tighten as required. • Check all motor starter contactor surfaces for wear (quarterly) • Clean electrical control enclosures
• Lubricate air handling unit motor bearings and fan bearings, if applicable • Check air handling unit belts for wear and change as required (quarterly) • Check belt tension and sheave alignment.
• Check the condition of the evaporator coils. Chemically clean as required. • Check and clean condensate drains, drain lines and pan Mini-Split systems
• Preventive maintenance
• Confirm Operation (cooling/heating/ temperatures/noises/ suction) • Inspect the full system (wires/ signs of oil on tubing/refrigerant connections/abnormal wear) • Clean and change filters regularly. (Remove access panels out and in for testing and cleaning) • Clean/wash and sanitize evaporator/condenser coils.
• Clear/clean pipes/drain line and condensate pump
• Clean the outside of the system.
• Clear space around the unit
• Measure compressor, blower, and CFM Amps
• Measure outlet air temperature and delta T
• Check suction pressure and superheat at full cooling
Exhaust fans
• Preventative maintenance
• Lock out tag-out equipment as required.
• Check all electrical wiring and connections and tighten them. • Check all motor starter contactor surfaces for wear (quarterly) • Clean starter and electrical control enclosures
• Lubricate motor bearings and fan bearings.
• Check exhaust fan belts for wear, and replace as required (quarterly) • Check belt tension and sheave alignment. Adjust as required (quarterly) • Inspect exhaust fan unit assembly.
• Check all mounting hardware. Tighten as required
Package, gas, heat, electric, and cool
• Preventive maintenance
• Check unit voltage and record.
• Lubricate motors as required.
• Check and adjust burners for proper flames.
• Check for proper combustion and flue gas relief.
• Record discharge temperature, heating and cooling modes (quarterly) • Record return air temperature (quarterly)
• Check and adjust operating and safety controls.

Council Agenda Packet, December 18, 2023 Page 81
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 39 Air Handler

• Perform Maintenance
• Lockout tag-out equipment.
• Check starter contacts for excessive wear.
• Tighten all starter wire connections.
• Check belts, adjust or replace as needed (quarterly)
• Check belt tension and sheave alignment. Adjust as required (quarterly) • Meg-Ohm motor and record
• Check fan motor amps.
• Clean and lubricate unit motor bearings and fan bearings. • Check operation of economy dampers (quarterly)
• Lubricate and tighten all dampers and linkages as necessary. • Check the operation of the static vane (if applicable) • Visually check all coils for leaks
• Check and record all coil delta T.
• Inspect all mounting hardware, and tighten as needed. • Clean outside air screens (quarterly)
• Inspect the condition of vibration insulators
Multi-zone Air Handler
• Perform maintenance.
• Lockout tag-out equipment.
• Check fan motor amps.
• Clean and lubricate components.
• Check the operation of economy dampers.
• Check the operation of static vanes or dampers.
• Check the operation of zone dampers.
• Check and adjust operating and safety controls.
• Inspect starter contacts.
• Inspect the condition of vibration insulators
Package chiller annual
• Lockout tag-out equipment.
• Check condenser / Barrel tubes.
• Check the Chiller barrel tube.
• Check and record unit amp draw.
• Check unit voltage and record.
• Check unit pressures and record
Chiller with reciprocating compressors
• Visually inspect equipment condition and operation
• Check for unusual vibration, noise, excessive temperatures, and refrigerant leaks. • Check unit voltage and record.
• Check condenser pressure and record.
• Check evaporator pressure and record.
• Check oil sump sight glass.
• Record chilled water inlet temperature.
• Record chilled water outlet temperature.
• Check condenser water inlet.
• Check condenser water outlet temperature.
• Check compressor starter contacts for abnormal wear

Council Agenda Packet, December 18, 2023 Page 82
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 40 Variable Frequency Drive
• Check unit operation (quarterly)
• Check fault history report.
• Check the operation of the manual bypass.
• Verify drive signal increase and decrease.
• Check and tighten all electrical connections.
• Check starter contacts for wear
Boiler
• Check boilers for proper operation.
• Check and use the boiler viewport to check the main burner flame. • Turn off and secure the boiler.
• Check boilers for any unusual noise or vibration.
• Inspect gaskets for any signs of leaks (quarterly)
• Examine the venting system.
• Remove and/or inspect the gas pilot assembly. Reinstall in accordance with recommended specifications and tolerances.
• Check boiler circulating pumps for proper operation and lubrication. • Check flame safeguard control for pilot and main flame ignition. • Check operation of the blower motor and circuitry
• Check the operation of gas valves and vents.
• Inspect and tighten all electrical connections.
• Check and adjust all boiler limit pressure controls and running interlocks. • Check operation and adjust low water controls.
• Check and adjust burner, pilot and main flame ignition. • Check and oil combustion air fan.
• Check expansion tank and site glass. (Adjust as needed) • Check all entering and leaving water temperatures and pressures. • The boiler room shall be left in the same condition as existed prior to start of the work. • Refer to the equipment O&M manual for any maintenance clarifications. • Flush pressure relief valve
• Clean and adjust the scanner, igniter, and flame rod. • Check the pilot for proper ground
Evaporator and condenser coils
• Chemically clean air-cooled condenser
• Clean condensates pan and chemically treat related drain. • Check and set the superheat on the evaporator.
• Inspect and chemically clean the evaporator
Chillers
• Examine piping, check operation, and log (quarterly)
• Inspect pumps as required.
• Perform maintenance functions as outlined on the chiller manufacturer’s maintenance schedule (quarterly) Circulation pumps
• Flush and lubricate pump and motor bearings.
• Check coupling alignment and security to the shaft.
• Tighten base mounting bolts
Water treatment
• Furnish chemicals as required to retard scale, corrosion, and biological growths

Council Agenda Packet, December 18, 2023 Page 83
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 41 ATTACHMENT I

EQUIPMENT
Contractor to Verify

CITY HALL
• 3EA. 10-TON Bryant packaged units
• 1ea. 5-TON Bryant packaged units
• 1ea. 3-TON Carrier mini split
• 1ea. 2-TON Fujitsu mini split
Community Center
• 1ea. 4-TON Carrier package unit
• 1ea. 4-TON York package unit
• 4ea. 4-TON Carrier package unit
• 1ea. ½-TON Swamp Cooler

VETS HALL
• 2ea. 4-TON Carrier package unit
• 1ea. Evaporator coil above the storage room

PUBLIC SAFETY
Fire Station 1
• 1ea. Air Handler Alliance air product
• 1ea. 3-TON Carrier split unit
• 2ea. Evaporator coils east and west EOC
• 2ea. Evaporator coils adjacent to the workout room.

Police Department
• 1ea. Air handler Alliance air product
• 1ea. Chiller
• 1ea. Boiler
• 2ea. 3-TON Fujitsu mini-split w/fan coil
• 1ea. 3-TON Carrier mini-split w/fan coil cassette type indoor unit • 1ea. Evaporator coil Briefing room
• 1ea. Evaporator coil downstairs between men's and women’s restroom • 1ea. Evaporator coil upstairs adjacent to women’s restroom • 2ea. Evaporator coil upstairs adjacent to fire department kitchen door • 1ea. Evaporator coil adjacent to evidence room (Carrier)

YARD
Main Bldg.
• 1ea. 2-TON Carrier split unit
• 1ea. 2-TON Bryant split unit
• 1ea. 2-TON Lounge split unit
Parks Bldg.
• 1ea. 5-TON Bryant split unit
Council Agenda Packet, December 18, 2023 Page 84
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 42 Fleet
• 2ea. Swamp coolers
FIRE STATION 2
• 2ea. 3-TON package units (Carrier)
• 1ea. 1-TON wall mount unit
FIRE STATION 3
• 2ea. 4-TON split units (Carrier)
• 1ea. 1.5-TON split unit
• 1ea. Evaporative coil (for 1.5-ton unit) located Bunk gear locker room • 2ea. Evaporative coils east and west hallway main living quarters Amherst Treatment
• 1ea. 2-TON mini split
• 2ea. W.A. Benjamin Electric Cabinet

Council Agenda Packet, December 18, 2023 Page 85
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 43 HVAC MAINTENANCE SERVICES

BIDDER'S BOND
(To Accompany Contract Proposal)
KNOW ALL MEN BY THESE PRESENTS, THAT WE, ______________________________ as principal, and _____________________________________ as surety, are held and firmly bound unto the City of La Verne in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

In no case shall the liability of the surety hereunder exceed the sum of $___________________.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
WHEREAS the principal has submitted the above-mentioned bid to the City of La Verne for certain construction for which bids are to be submitted via Planet Bids for:

La Verne HVAC Maintenance Services
NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of La Verne, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event a suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ____________ day of ______________________________, 2023.

______________________________(seal) ______________________________(seal) ______________________________(seal) ______________________________(seal)

PRINCIPAL
______________________________(seal) ____________________________ _(seal) SURETY
______________________________(seal)

ADDRESS

NOTE: Signatures of those executing for the surety must be properly acknowledged.

Instructions: If the Contractor is a corporation, the agreement must be executed in the corporate name and signed by the President or Vice President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Contractor is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. All bond signatures must be notarized. The standard printed bid bond form of any bonding company approved by the City pursuant to Item 7, “Insurance Policies and Bonds”, in the Instructions to Bidders may be used in lieu of the foregoing approved sample bond form provided the security stipulations protecting the City are in any way reduced by the use of the surety company’s standard printed form.

Council Agenda Packet, December 18, 2023 Page 86
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 44 BID BOND

ACKNOWLEDGMENT OF SURETY
STATE OF _____________________________)
ss County of ______________________________)
On this ______ day of ______________________, 2023, A.D. ______________________________________ personally appeared before me a
(Notary Public, Judge or Other Officer)
in and for _______________________ County, State of ________________________ known to me to be the ____________________________________________ of the corporation that executed the foregoing instrument and, upon oath, did depose that he is the officer of said corporation as above designed; that he is acquainted with the seal of said corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned.

__________________________________________
(Notary Public, Judge or Other Officer)

Council Agenda Packet, December 18, 2023 Page 87
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 45 FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE________________________________ _____________________________________________________________________ hereinafter referred to as “Contractor” as PRINCIPAL, and______________________________ as SURETY, are held and firmly bound unto the CITY OF LA VERNE, CALIFORNIA hereinafter referred to as the “City,” in the sum of
______________________________________________Dollars ($___________) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled.

LA VERNE HVAC MAINTENANCE PROGRAM
and is required by said City to give this bond in connection with the execution of said contract.

NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect;

PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____________ day of______________________________________, 2023.

_________________________________ ______________________________

PRINCIPAL SURETY

BY: ______________________________ BY:___________________________ (SEAL) (SEAL)

Council Agenda Packet, December 18, 2023 Page 88
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 46 LABOR AND MATERIAL BOND

KNOW ALL MEN BY THESE PRESENTS, THAT WE_______________________________ ______________________________Hereinafter referred to as “Contractor” as PRINCIPAL, AND ___________________________________ as SURETY, are held and firmly bound unto the CITY OF LA VERNE, CALIFORNIA hereinafter referred to as the “City,” in the sum of ____________________________________________DOLLARS ($___________) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City’s specification entitled

LA VERNE HVAC MAINTENANCE SERVICES

and is required by said City to give this bond in connection with the execution of said contract;

NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.

This bond shall inure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California.

PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____________ day of ______________________________________, 2023.

____________________________________ __________________________________

PRINCIPAL SURETY
BY: _________________________________ BY: _______________________________ (SEAL) (SEAL)

Owner: ________________________________________________________________________

Council Agenda Packet, December 18, 2023 Page 89
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 47 RELEASE

Contractor: ____________________________________________________________________

Project: _______________________________________________________________________

In consideration of the final payment of undisputed contract amounts relating to the above-referenced project, the Contractor hereby releases the Owner from any and all claims and liability for payment on the project except for the disputed work and the amounts set forth below:

DESCRIPTION OF DISPUTED WORK DISPUTED AMOUNTS

Check if none _______________ Check if none ______________

CONTRACTOR

BY______________________________

___________________________________
Title
______________________________
Date

Council Agenda Packet, December 18, 2023 Page 90
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 48 Exhibit A

HVAC MAINTENANCE AND REPAIR SERVICES AGREEMENT
CONTRACT 2023

CITY OF LA VERNE

PROFESSIONAL SERVICES

AGREEMENT

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this day of , 2023 (“Effective Date”) by and between the CITY OF LA VERNE, a California municipal corporation, (“City”) and a (“C ontractor”). City and Contractor may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”

SECTION 1. SCOPE OF SERVICES

Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). The contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsisten cy between the terms of this Agreement and herein Exhibit A, this Agreement shall prevail.

1.1 Term of Services: The term of this Agreement shall begin on and shall end on unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to the Contractor to complete the Services required by this Agreement shall not affect the City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance : Contractor represents and warrants that Contractor is a provider of first-class work and services and Contractor is experienced in performing the Services contemplated herein and, in light of such status and experience, Contractor shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel : The Contractor shall assign only competent personnel to perform the Services pursuant to the Agreement. If City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time: Contractor shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Prompt delivery of the services and materials is essenti al to this Agreement.

Council Agenda Packet, December 18, 2023 Page 91
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 49 1.5 Authorization to Perform Services: Contractor is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator

1.6 Request for Additional Services : The city will request additional services pursuant to this Agreement and the Contractor and the City shall execute a Purchase Order specifying the nature and cost of the services to be provided for that speci fic request. The contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the Purchase Order and returning it to the City within ten (10) days unless directed to reply sooner.

1.7 Covid-19 Safety and Other: If Contractor enters City property or meets in person with City employees during the performance of the Services, Contractor shall comply with all State, County, and local emergency orders, directives, protocols, and best practices to include COVID-19 pandemic and all other not foreseen emergencies including, but not limited to (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION

The City hereby agrees to pay the Contractor a sum not to exceed ($XXX, XXX) notwithstanding any contrary indications that may be contained in the Contractor’s proposal, for the Services to be performed and re imbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and herein Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from the City to the Contractor for the Services rendered pursuant to this Agreement. The contractor shall submit all invoices to the City in the manner specified herein. Except as specifically authorized in advance by the City, the Contractor shall not bill the City for duplicate services performed by more than one person.

2.1 Invoices: Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:

a. Serial identifications of progress bills, i.e., Progress Bill No. 1 for the first invoice, etc.

b. The beginning and ending dates of the billing period.

c. A “Task Summary” containing the original contract amount, the number of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion.

Council Agenda Packet, December 18, 2023 Page 92
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 50 e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described herein Exhibit A.

f. Receipts for expenses to be reimbursed.

g. The Contractor Representative’s
signature. Invoices shall be submitted to:

CITY OF LA VERNE

ACCOUNTS PAYABLE
3660 D St.

LA VERNE, CA 91750

2.2 Monthly Payment: The city shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. The City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay the Contractor.

2.3 Final Payment: The city shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to the City of a final invoice if all the Services required have been satisfactorily performed.

2.4 Total Payment: The city shall not pay any additional sum for any expense or cost whatsoever incurred by the Contractor in rendering the Services pursuant to this Agreement. City shall make no paym ent for any extra, further, or additional service pursuant to this Agreement.

In no event shall the Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Ser vices performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees: Fees for the Services performed by the Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule included with attachment A.

2.6 Reimbursable Expenses: Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes: The contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination : If the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination.

The Contractor shall maintain adequate logs and timesheets in order to verify cos ts and Council Agenda Packet, December 18, 2023 Page 93
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 51 reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT

Except as otherwise provided, the Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Contractor only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of the City. In no event shall the City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS

Before beginning any work under this Agreement, the Contractor, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that the Contractor has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. The contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor’s compensation. The contractor shall not allow any subcontractor, Contractor, or other agents to commence work on any subcontract until the Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. The contractor acknowledges the insurance policy must cover inter -insured suits between the City and other Insureds.

4 .1 Workers’ Compensation: The contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by the Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy.

In the alternative, the Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self - insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss ar ising from the Services performed under this Agreement.

4 .2 Commercial General and Automobile Liability Insurance.

a. General requirements: Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services Council Agenda Packet, December 18, 2023 Page 94
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 52 contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is u sed, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited t o, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

b. Minimum scope of coverage: Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.

a. Additional requirements: Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. The insurance shall cover an occurrence or an accident basis, and not on a claims-made basis.

b. Any failure of the Contractor to comply with reporting provisions of the policy shall not affect coverage provided to the City and its officers, employees, agents, and volunteers.

4 .2 Professional Liability Insurance:

a. General requirements: Contractor, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self -insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by the City.

b. Claims-made limitations: The following provisions shall apply if the professional liability coverage is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.

b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes Council Agenda Packet, December 18, 2023 Page 95
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 53 the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retro active date no later than the commencement of the Services under this Agreement. The city shall have the right to exercise, at the Contractor’s sole cost and expense, any extended reporting provisions of the policy, if the Contractor cancels or does not renew the coverage.

d. A copy of the claim reporting requirements must be
submitted to the city prior to the commencement of the Services under this Agreement.

4 .3 All Policies Requirements

a. Acceptability of insurers: All insurance required by this Section is to be placed with insurers with a Best’s rating of no less than A: VII and admitted in California.

b. Verification of coverage: Prior to beginning the Services under this Agreement, Contractor shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference : The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is City of La Verne, 3660 D St ., La Verne CA 91750. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.

c. Notice of Reduction in or Cancellation of Coverage : Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased.

d. Additional insured; primary insurance : City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s gener al supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agr eement. The coverage shall contain no special limitations on the scope of protection afforded to the City or its officers, employees, agents, or authorized volunteers. The insurance provided to the City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self -insurance program maintained by the City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that Council Agenda Packet, December 18, 2023 Page 96
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 54 coverage is primary insurance with respect to the City and its officers, officials, employees, and volunteers and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.

e. Deductibles and Self -insured Retentions : The Contractor shall obtain written approval from the City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, the Contractor may increase such deductibles or self-insured retentions with respect to the City, its officers, employees, agents, and volun teers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that the Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

f. Subcontractors: The Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein.

g. Variation: The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected.

4 .4 Remedies: In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:

a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement.

c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION

5.1 Indemnification for Professional Liability : Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable Contractor and expert fees and expenses of Council Agenda Packet, December 18, 2023 Page 97
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 55 investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor , its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability : Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.

5.3 Limitation of Indemnification: The provisions of Section 5 do not apply to claims to the exte nt arising as a result of the City’s sole or active negligence. The provisions of this Section 5 shall not release the City from liability arising from gross negligence or willful acts or omissions of the City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONTRACTOR

6.1 Independent Contractor : always during the term of this Agreement, t h e Contractor shall be an independent contractor and shall not be an employee of the City.

City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise, City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of the Contractor shall at all times be under the Contractor’s exclusive direction and control. The contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of the City. The contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. The city shall not be liable for compensation or indemnification to Contractor for injury or sickness ar ising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS

7.1 Governing Law: The laws of the State of California shall govern this Agreement.

Council Agenda Packet, December 18, 2023 Page 98
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 56 Compliance with Applicable Laws: Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required u nder this Agreement unless such person is properly documented and legally entitled to be employed within the United States. All work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Contractor ’s employee and subcontractors. It is understood that it is the responsibility of the Contractor to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415 -703-4774.

Appropriate records demonstrating compliance with such a requirement shall be always maintained in a safe and secure location , and readily available at City’s request.

Contractor shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or relate d to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. The Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.2 Licenses and Permits : Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, always keep in effect during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

SECTION 8. TERMINATION AND MODIFICATION

8.1 Termination: City may cancel this Agreement at any time and without cause upon written notification to Contractor.

8.2 Termination by Contractor: Contractor may cancel this Agreement upon 30 days’ written notice to City.

Council Agenda Packet, December 18, 2023 Page 99
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 57 8.3 Consequences of Termination: In the event of termination, Contractor shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement.

8.4 Extension: The city may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.

The contractor understands and agrees that, if the City grants such an extension, the City shall have no obligation to provide the Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, the City shall have no obligation to reimburse the Contractor for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments: The Parties may amend this Agreement only by writing signed by all the Parties.

8.6 Assignment and Subcontracting: City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to the city for entering into this Agreement was and is the professional reputation and competence of the Contractor. The contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. The contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Contractor’s proposal, without prior written approval of the Contract Administrator. If key personnel leave the Contractor’s employ, the Contractor shall notify the City immediately.

8.7 Survival: All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Contractor: If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:

a. Immediately terminate this Agreement.

b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by the Contractor pursuant to this Agreement.

c. Retain a different Contractor to complete the Services described herein Exhibit A; and/or

d. Charge Contractor the difference between the cost to complete the Services described herein Exhibit A that is unfinished at the time of the breach and the amount that City would have paid Contractor pursuant to Section 2 if Council Agenda Packet, December 18, 2023 Page 100
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 58 Contractor had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS

Records Created as Part of Contractor’s Performance: All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. The contractor hereby agrees to deliver those documents to the City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the city and are not necessarily suitable for any future or other use.

Any use of such documents for other projects by the City shall be without the liability to the Contractor. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9 .1 Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents and Data”). The contractor shall require all subcontractors to agree in writing that the City is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. The contractor represents and warrants that the Contractor has the legal right to license all Documents and Data. The contractor makes no such representation and warranty regarding Documents and Data that were prepared by design professionals other than the Contractor or provided to the Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9 .2 Contractor’s Books and Records: The contractor shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9 .3 Inspection and Audit of Records : Any records or docu ments that Section

9.3 of this Agreement requires the Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

Council Agenda Packet, December 18, 2023 Page 101
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 59 SECTION 10. MISCELLANEOUS PROVISIONS

Attorneys’ Fees: If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.1 Applicable Law; Venue : The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. If either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.2 Severability: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.

10.3 Section Heading s and Subheading s: 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.

10.4 No Implied Waiver of Breach : The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns: The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.6 Contractor Representative: All matters under this Agreement shall be handled for the Contractor by (“ Contractor’s Representative”). The Contractor’s Representative shall have full authority to represent and act on be half of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedure s and for the satisfactory coordination of all portions of the Services under this Agreement.

10.7 City Contract Administration: This Agreement shall be administered by a City employee, (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of the Cit y for all purposes under this Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.8 Notices: Any written notice to Contractor shall be sent to:
________________
________________
________________
Council Agenda Packet, December 18, 2023 Page 102
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 60 Any written notice to City shall be sent to:

CITY OF LA VERNE

CONTRACT ADMINISTRATOR
3660 D STREET
LA VERNE, CA 91750

with a copy to:

CITY OF LA VERNE

CITY CLERK
3660 D STREET
LA VERNE, CA 91750

10.9 Professional Seal: Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.

Seal and Signature of Registered
Professional with report/design
responsibility.

10.10 Rights and Remedies : Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exe rcise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.11 Integration: This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 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.

10.12 Counterparts: This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.13 Execution of Contract: 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.

10.14 Nondiscrimination: Contractor covenants that, by and for itself, its heirs, Council Agenda Packet, December 18, 2023 Page 103
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 61 executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, pregnancy, sexual orientation, gender identity, gender expression, national origin, or ancestry.

10.15 No Third-Party Beneficiaries: Except for the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third party shall have any rights or obligations hereunder.

10.16 Nonliability of City Officers and Employees: No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.17 No Undue Influence : Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of 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 City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.18 No Benefit to Arise to City Employees: No member, officer, or employee of 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 Services to be performed under this Agreement.

[Signatures on Following Page]

IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

Council Agenda Packet, December 18, 2023 Page 104
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services ________________________________________________________________________________________ 62 CITY OF LA VERNE CONTRACTOR

Attest:

Lupe Estrella, Assistant City Clerk ________________________________________________ Approved as to Form

Kimberly Hall Barlow, City Attorney _________________________________________________

(Note: Two Officer’s signatures required if Contractor
is a corporation, unless provided with a certificate
of Secretary in-lieu)

Council Agenda Packet, December 18, 2023 Page 105
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Council Agenda Packet, December 18, 2023 Page 106

9830 6th St. Ste. 104
Rancho Cucamonga, CA 91730
P (909) 223-4546
Lic. 917453

Preventative Maintenance Agreement

Southland Mechanical Inc was established in 2007. Over the last 16 years, we have grown to understand the specific service and maintenance needs of our industry as it pertains to Air Conditioning. With over 40 years experience in the commercial HVAC industry, we intend to provide a proactive approach to your equipment maintenance that saves your business money and keeps you and your employees comfortable. In addition to emergency service guarantees and priority service scheduling, Southland Mechanical will provide emergency service and repairs at the normal hourly rate during Saturdays between the hours of 7am and 3:00pm to all customer locations accepted under this agreement.

An on-call technician is always available 24 hrs. a day, 365 days a year with a backup technician when needed.

Benefits include:

• Reduced Labor rates*
• Emergency service guarantees
• Minimization of downtime
• Longer lasting equipment
• Priority service scheduling
• Reduced energy consumption through improved equipment efficiency • Optimized building performance and comfort
• Protection for your equipment investment
• Reduced operating costs
• And more
Council Agenda Packet, December 18, 2023 Page 107
This preventative maintenance program has been developed for the specific needs and benefits of the locations listed below for the City of La Verne.

Southland Mechanical will provide Preventative Maintenance services on a quarterly basis for the equipment and the locations listed below. With the exception of the community center, which will be performed monthly as indicated on RFB.

Inclusions:
-All labor required for Preventive Maintenance services as detailed in checklist below provided by Southland Mechanical.
-All truck costs, grease needed for Preventive Maintenance services provided by Southland Mechanical.
-Air filters for air handlers and package units provided by Southland Mechanical. -Maintenance for exhaust and make up air units listed in equipment schedule provided by City of La Verne.
-Priority services and reduced labor rates*

Exclusions:
-Any energy commission alterations, retrofitting and/or adjustments related to equipment optimization outside of normal preventive maintenance will be excluded from the agreement.
-All diagnosis of failures, service repairs, or any other emergency services are excluded from this agreement and will be billed separately.
-All belt costs
Council Agenda Packet, December 18, 2023 Page 108
Preventative Maintenance

The following services and inspections will be performed during the maintenance for the air handler, AC units, and VAV System.

Quarterly Maintenance Checklist
• Wash down all air-cooled condenser coils as needed
• Replace all air filters with proper size
• Lubricate all motors and bearings
• Check belt condition, tension, alignment and replace as needed • Check position and adjust (as needed) outside air dampers and clean outside air screens as needed
• Check operation of all evaporator and condenser fans
• Check pressures/temperatures
• Check operation of thermostat, calibrate as needed
• Check heat and cool operations
• Exhaust fan belt adjust and tighten as necessary
• Blower bearing lube, as needed
• Refrigerant leak check
• Seasonal temp calibration and adjustment
• Visual inspection to assure all equipment is operating and that safety systems are in place
• Detect sources of abnormal vibrations and unusual sounds (if any) • Inspect cooling coils for fins distortion, and traces of corrosion Council Agenda Packet, December 18, 2023 Page 109
Essential Chiller Maintenance Checklist:

Every chiller or chiller plant should be, for the most part, relatively self-reliant. Yet like all heavy machinery, regular preventive maintenance can improve performance, prevent breakdowns, and extend the service life of the equipment. Chillers should be inspected and maintained quarterly in cases of continuous operation.

We recommend the following procedures to keep your chiller system at peak performance and avoid unexpected shutdowns and costly downtimes. The below checklist has been compiled to help maintain the chiller reliability, and is included in the maintenance cost proposed for the “public safety building” located at:
2061 3rd St.

La Verne, CA 91750

Chiller Quarterly Maintenance Checklist:
• Check compressor head temperatures
• Check compressor oil pressures where applicable
• Check compressor amps
• Check high amp load electrical connections
• Check operating pressures of refrigerant systems
• Check mechanical cooling operations
• Refrigerant leak check
• Electrical contactor connection check and tighten
• Compressor terminal connection check and tighten
• Condenser fan and blower operations check
• Condenser fan lube
• Check pressure/temperature
• Water flow rate and inlet/outlet water temperatures
• Suction temperature, for all compressors in the system • Discharge temperature, for all compressors
• Superheat and subcooling values

Record power supply parameters:
• Line voltage on each phase
• Absorbed current
Council Agenda Packet, December 18, 2023 Page 110
Record environmental parameters:
• Ambient temperature

Inspection Checklist:
• Visual inspection to assure all equipment is operating and that safety systems are in place
• Checking for leakages. Ensure the water and refrigeration pipe works have no leakages, and there are no observed spills of refrigerant, oil, or water • Detect sources of abnormal vibrations and unusual sounds (if any) • Check insulation for damages
• Inspect pump seals for leaks
• Check condenser coils and fan assemblies (for air-cooled chillers) • Check compressors.
• Check oil levels and oil filters
• Check suction filter
• Check the refrigerant level

Chiller Annual Maintenance Checklist:
• Wash Condenser annually or as needed
• Chiller lead/lag adjustment
• Conduct analysis on oil and check if oil shall be replaced due to contamination or if level is too low
• Chiller pump inspect, and lube
Council Agenda Packet, December 18, 2023 Page 111
Boiler Quarterly Maintenance Checklist
• Check heating operations
• Check burners and ignition system of all gas heating units • Visual inspection to assure all equipment is operating and that safety systems are in place • Check for leakages
• Detect sources of abnormal vibrations and unusual sounds (if any) • Check insulation for damages
• Inspect pump seals for leaks

Boiler Annual Maintenance Checklist
• Inspect the heat exchanger
• Inspect and clean the pilot burner
• Inspect the pilot supply line for corrosion
• Inspect the flame rod sensor
• Check the sparker
Council Agenda Packet, December 18, 2023 Page 112
Equipment Schedule
Public Safety (Police Dept./ Fire Station #1):
• 1 - Boiler
• 1 - 60-Ton Carrier Chiller
• 2 – 30-Ton Alliance Air Handlers
• 3 – Mini-Splits
• 2 – 5-Ton Splits
• 20 zone dampers with reheat
• 2 - 5hp exhaust fans

City Hall:
• 3- 15-ton units (24 zones total)
• 1- 6-ton units

City Maintenance Yard:
• 3- 5-ton split
• 2- swamp coolers (garage - large units)
• 4- heaters (garage)

Fire Station # 2:
• 2- 4-ton package unit gas
• 2- 4-ton package units
• window AC

Fire Station # 3:
• 5-ton splits
• 4-ton

Oak Mesa Pre-school:
• 4-ton RTU

Vets Hall:
• 3-ton split (3 classrooms)
• 7.5-ton (main hall)
• 4-ton RTU (kitchen/storage)

Community Center:

Unit 1,2,3,4 - 5 zones (community room, Dance Studio, Rec Room) • 1-4 fireplace room
• 1-5 Front lobby
• 1-3 lounge
• 1-1 Jorge office
• 1-2 middle office
• 2-2 west side room
• 2-5 small room
• 2-1 Computer room
• 2-3 youth lounge
Unit 5 - 2 zones
• Kitchen
• 1-small swamp cooler
• 1-exhaust

Water Production Yard (beach well pu:
• 4-ton package unit

Amherst Treatment Plant:
• 3-ton heat pump split

6th and White Well Site:
• 1 package unit
Council Agenda Packet, December 18, 2023 Page 113

Locations

Facility Address Maintained By
1 City Hall 3660 D St La Verne, CA 91750 Public Works Dept.

2 Community Center

3661 D St La Verne, CA 91750

Community Services Dept.

3 6th and White St Well Site

2525 White Ave La Verne, CA
91750

La Verne Water Dept.

4 City Maintenance Yard

2620 1 St La Verne, CA 91750

Public Works Dept.

5 Public Safety (Police Dept./
Fire St. #1)

2061 3rd St la Verne, CA 91750

Public Works Dept.

6 Vets Hall

1550 Bonita Ave La Verne, CA
91750

Community Services Dept.

7 Fire Station # 2

4785 Wheeler Ave La Verne, CA
91750

Public Works Dept.

8 Oak Mesa Pre-school

5400 Wheeler Ave La Verne, CA
91750

Community Services Dept.

9 Fire Station # 3

5100 Esperanza Dr La Verne,
CA 91750

Public Works Dept.

10 Beech Well Pump Site

2751 Beech St La Verne, CA
91750

La Verne, Water Dept.

11 Amherst Treatment Plant

2898 Amherst St La Verne, CA
91750

La Verne Water Dept.

Council Agenda Packet, December 18, 2023 Page 114
The cost of this service will be $5,495.00 billed every quarter for the locations listed above, with the exception of the Community Center, which will be billed monthly at $935.00 (per month). Any additional parts and or material costs will be itemized and submitted for approval.

The locations accepted under this agreement shall receive priority service at a reduced prevailing wage labor rate of $135/hr. and truck charge of $100. Any overtime services, if needed, will be billed separately at the reduced overtime rate of $202.50 and only with approval from authorized management. Overtime rates apply to any services provided between the hours of 5pm and 6am Monday through Friday and Saturday and Sunday

*Any reduction in rate or discount will not be applied to any invoices not paid within 30 days of invoicing. Any invoices not paid within 30 days of invoicing will be re-issued at the current prevailing rate of $150 per hour ($225 in overtime). Also, any discount on parts or materials will be adjusted back to their regular rate before discount.

Respectfully,
Southland Mechanical
California License # 917453

Accepted:

By:

Date:

This proposal is valid for 30 days from this date and becomes a contract when signed within this time frame.

*Any alteration or deviation from above proposal involving extra costs will be executed only upon written orders and will become an extra charge over and above the proposal.

Council Agenda Packet, December 18, 2023 Page 115
City of La Verne
Public Works Department RFP: La Verne HVAC Maintenance Services Please complete and return Attachment A: Cost Proposal file and provide detailed cost breakdown.

Schedule of fees.

:em,.Nt> --
ATTACHMENT A: COST PROPOSAL
Preventative Maintenance

-
- '
·-
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-· ,- _. - -- ,-.: - . - ,:._ -. - -
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Mechanical Services
Cor,trol System and Programming Services
Engineering Services
After Hours Service Call
$ 135.00
$ 135.00
$ 135.00
$ 202.50
per Hour
per Hour
per Hour
per Hour
Other: Holiday (D.T.) $ 270.00 per Hour
Other:

Otlier:
$ per Hour
$ per Hour
Cost Adjustment: The Contractor may apply for a cost adjustment only after the original contract term ending June 30, 2026. In order for the rate adjustment to be considered by the City, the Contractor shall be in full co'mpliance with all of the performance standards as established by this Contract. The Contract will be adjusted using the California Consumer Price Index, All Urban Consumers, as published by the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles -Ontario- Riverside Statistical Area (CPI -U) provided, however, that those adjustmen ts in rates based solely on the change in CPI will not exceed five (5) percent. The Contractor assumes all risks associated with increased costs of service not reflected in the rate adjustments. The Contractor shall use the CPI-U for the most recent July fiscal period prior to the contract's anniversary date. -:.Y_ �-

1. City Hall 3660 D St Per visit $ 840.00 X4 $ 3,360.00

2. Public Safety 2061 3rd St Per visit $ 1,480.00 X4 $ 5,920.00

3. City Yard 2620 First St Per visit $ 690.00 X4 $ 2,760.00

4. Fire Station 2 4785 Wheeler Ave Per visit $ 410.00 X4 $ 1,640.00

5. Fire Station 3 5100 Esperanza Dr. Per visit $ 400.00 X4 $ 1,600.00

6. Community Center 3680 D St Per visit $ 935.00 X12 $ 11,220.00

7. Veterans Hall 1550 Bonita Ave Per visit $ 400.00 X4 $ 1,600.00

8. i Oak Mesa School 5400 Wheeler Ave Per visit $ 322.50 X4 $ 1,290.00

9. Amherst Treatment Plant Per visit $ 317.50 X4 $ 1,270.00 2898 Amherst St

10. 6th and White St Well Site Per visit $ 317.50 X4 $ 1,270.00

11. Beech Well Pump Site 2751 Beech St Per visit $ 317.50 X4 $ 1,270.00 33,200.00
Additional As-Needed Services . - - - .

Council Agenda Packet, December 18, 2023 Page 116

24 Council Agenda Packet, December 18, 2023 Page 117

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December 18, 2023
Exhibit A3
Clarifications
Final Negotiated Term Clarification
Southland Mechanical, Inc.

Pursuant to the City’s selection process, “The City reserves the right to negotiate all final terms and conditions of any agreement entered.” These are clarifications on these specific final negotiated terms:

Preventative Maintenance Clarification – Southland Mechanical to provide and install belts as needed during Preventative Maintenance

Equipment Schedule Clarification – Southland Mechanical to provide labor and materials needed for the maintenance of the exhaust and make-up air units listed in the provided equipment schedule.

Payment Term Clarification – Southland Mechanical will invoice and be paid pursuant to the City of La Verne’s Agreement terms.

Council Agenda Packet, December 18, 2023 Page 121
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City of La Verne, City Council
Agenda Report

DATE: December 18, 2023

TO: Honorable Mayor and City Council

FROM:

Eric Scherer, AICP, Community Development Director

SUBJECT:

ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING

FOR CURB RAMP ACCESSIBILITY PROJECT

SUMMARY
This action will allocate and appropriate approximately $23 0,000 of the Community Development Block Grant to the Curb Ramp Accessibility Project to ensure completion of the project by the December 31, 2023, expenditure deadline.

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 23- 87 titled, “ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT

BLOCK GRANT PROGRAM ALLOCATION OF FUNDING TO THE CURB RAMP ACCESSIBILITY PROJECT FOR THE FISCAL YEAR 2023 – 2024,” and appropriate $230,000 in Community Development Block Grant funds to the Curb Ramp Accessibility Project.

DISCUSSION
The City of La Verne receives Community Development Block Grant (CDBG) f unds on an annual basis to address community needs. Working in collaboration with the Los Angeles County Development Authority (LACDA), the City has identified approximately $288,000 in CDBG funds designated for utilization by December 31, 2023.

Anticipated expenditures of approximately $80,000 are allocated for the completion of other ongoing projects preceding the deadline. When combined with the newly proposed Curb Ramp Accessibility Project, these collective projects are expected to total approximately $300,000.

Notably up to 30 curb ramps have been identified that fail to comply with the Americans with Disabilities Act (ADA) Guidelines. Acknowledging this deficiency, the City has garnered approval from the LACDA for the Curb Ramp Accessibility Project, an initiative deemed appropriate for the allocation of CDBG funds.

The below chart illustrates the approved/allocated CDBG projects:

Program Allocation Status
Senior Hot Lunch Program 602243-23 $31,290 On-Going
ADA Sidewalk Repair Project 602624-23 $74,500 Complete
City Hall ADA Doors & Restroom 602637-22 $80,000 In Progress Council Agenda Packet, December 18, 2023 Page 123
Appropriation of CDBG Funds for the Curb Ramp Accessibility Project December 18, 2023

Page 2 ends

City Hall ADA Counters 602636-22 $120,000 In Progress
Curb Ramp Accessibility Project $230,000 Proposed
Total: $535,790

Staff are also currently reviewing the potential of an additional sidewalk project in early 2024, which would involve the allocation of an extra $200,000 from the CDBG funding.

With a clear intent to expedite the execution of contracts and guarantee project completion within the specified timeframe, the City Council's action involves authorizing the allocation of funds to the project as a part of t he City’s CDBG Annual Work Plan for 2023-2024. Additionally, appropriation of the requisite funds for this purpose is required to complete the project.

A public notice was advertised on November 15, 2023 , at City Hall, the Public Safety Building, the Los Angeles Public Library, and published in the Inland Valley Daily Bulletin.

FISCAL ANALYSIS
Appropriations of $230,000 will need to be added to the Fiscal Year 2022- 23 Adopted Budget within the CDBG fund for the Curb Ramp Accessibility Project.

ENVIRONMENTAL ANALYSIS
This project is categorically exempt per the California Environmental Quality Act.

LEGAL REVIEW
The City Attorney has reviewed and approved this Agenda Report.

ATTACHMENTS
Resolution No. 23-87
Council Agenda Packet, December 18, 2023 Page 124
RESOLUTION NO. 23-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF

LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE COMMUNITY

DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION OF FUNDING TO THE CURB RAMP ACCESSIBILITY PROJECT FOR THE FISCAL YEAR 2023 – 2024.

WHEREAS, the City of La Verne participates in the Community Development Block Grant program through the Los Angeles Urban County Program; and WHEREAS, the County has allocated funds for projects which primarily benefit low and moderate-income persons; and
WHEREAS, a duly noticed public hearing was posted on November 15, 2023, for the purpose of receiving public input.

NOW THEREFORE, the City Council of the City of La Verne DETERMINES AND DIRECTS as follows:

Section 1. Staff is instructed to submit the CDBG Program Planning Summary for approval to the Los Angeles County Community Development Commission with funding for the following program in the specified amount for fiscal year 2023 -2024, as recommended in the staff report dated December 18, 2023:
2023-2024 CDBG Allocation
Curb Ramp Accessibility Project $230,000
Section 2. Appropriate $230,000 to the Fiscal Year 2022-23 Adopted Budget from the CDBG fund for the Curb Ramp Accessibility Project.

Section 3. Staff is authorized to adjust the program budget as necessary to take into account the final CDBG allocation from the U.S. Department of Housing and Urban Development and any amounts remaining unspent at the close of the fiscal year.

Section 4. The City Manager shall be authorized to submit the application and to sign all necessary forms and agreements for implementing the project.

Section 5. That the Mayor shall sign and the City Clerk shall attest to the passage and adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 18th day of December, 2023 ______________________________________
Mayor Tim Hepburn
Council Agenda packet, December 18, 2023 Page 125
ATTEST:
_______________________________
Debra Fritz, Deputy City Clerk

CERTIFICATION
I hereby certify that the foregoing Resolution No. 23-87 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 18th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Debra Fritz, Deputy City Clerk
Council Agenda packet, December 18, 2023 Page 126
City of La Verne, City Council
Agenda Report

DATE: December 18, 2023

TO: Honorable Mayor and City Council

FROM: Andrea Blockinger, Administrative Analyst

SUBJECT: Legislative Platform for the 2024 Legislative Session

SUMMARY
Adoption of the 2024 Legislative Platform will help define the City’s interests on priority issues and provide a framework for advocacy efforts at the federal, state, and local levels.

This item is continued from the December 4, 2023, City Council meeting to allow for additional input.

RECOMMENDATION
It is recommended that the City Council continue the 2024 Legislative Platform discussion to the Tuesday, January 16, 2024, City Council Meeting.

DISCUSSION
During the December 4, 2023, City Council meeting, the draft 2024 Legislative Platform was proposed to the City Council for approval. Based on resident feedback, the City Council directed City staff to continue the discussion to the December 18, 2023, and January 16, 2024, City Council Meetings.

To allow more engagement with the Legislative Platform, a page was developed on the City’s website at www.cityoflaverne.org/legislation, where residents can learn more about the legislative process and the intent behind developing a Legislative Platform.

Residents also have the opportunity to submit questions or comments regarding the Platform and subscribe to receive updates regarding the Legislative Platform and all position letters that are submitted to the legislature.

FISCAL ANALYSIS
The recommended action has no financial impact.

LEGAL REVIEW
This report was reviewed and approved by the City Attorney.

ATTACHMENTS

1. Legislative Platform Agenda Report from December 4, 2023

2. Draft 2024 Legislative Platform
Council Agenda Packet, December 18, 2023 Page 127
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1 CITY OF LA VERNE 2024

LEGISLATIVE PLATFORM
Adopted (Date)

PURPOSE

The 2024 Legislative Platform provides a framework for the City of La Verne’s Legislative Program.

Adopted annually, the City’s Legislative Platform serves as a reference guide for legislative positions and objectives that provide direction for City Staff throughout the year. The Legislative Platform is an embodiment of the City Council Goals and is the foundation of a strategic and focused advocacy strategy. Below are the Guiding Principles and Policy Statements that will allow City staff to address 2024 legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that may arise during the legislative session.

GUIDING PRINCIPLES

I. PRESERVE LOCAL CONTROL
Preserve and protect the City’s powers, duties and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation that preempts local authority, including local control over zoning decisions . Local agencies should preserve authority and accountability for revenues raised and services provided.

II. PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and preserve the City’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the County, State or Federal Governments and/or make cities more dependent on the County, State or Federal Governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement or offsetting benefits.

III. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state and federal funding. Support funding for programs including, but not limited to economic development such as infrastructure investment and housing, transportation projects including road resurfacing, bicycle and pedestrian safety, multi -modal transportation systems and transit -oriented development, air quality, water qualit y and local water reliability, parks and recreation, historic preservation, natural resources, hazard mitigation, public safety and public health.

Council Agenda Packet, December 18, 2023 Page 131
2 POLICY STATEMENTS

Community and Recreation Services

1. Support legislation that would provide funding for the acquisition, development and/or operation of park and recreation facilities that serve underprivileged children, families, and older adults and which promote and enhance the physical health and well-being of children, youth, adults, and seniors.

2. Support continued state funding for local art, cultural, and music programs.

3. Support the operation and service of non-emergency human services and disaster information resources.

4. Support state and federal funding for school-based job training programs to produce more job placement opportunities in collaboration with municipal services.

5. Support local government funding opportunities for new recreation resources and for ongoing operations and maintenance of existing parks.

6. Support legislation that distributes bond funds as competitive monies to a range of State agencies and does not limit funds based on geographic location or scope of need.

7. Support legislation for funding opportunities for ADA facility and park upgrades.

8. Oppose efforts that erode funding for vital regional and community services that negatively impact Californian's access to parks, open space, resources.

Economic Development

9. Support international, statewide, regional, and local efforts to attract, retain, and provide resources for current and future commercial and industrial businesses.

10. Support policies and programs that encourage working with other cities, counties and government agencies to jointly leverage resources and assets to create and strengthen economic clusters within the region.

11. Support policies, projects, programs, and regulations for diversifying La Verne’s manufacturing base and facilitating investment in the City’s industrial areas that will result in maintaining or growing local jobs and creating an environment that is attractive to high tech, research and development, business incubators, manufacturers, transportation and warehouse logistic companies, services, and other emerging industries.

12. Support economic development initiatives that preserve and enhance a positive business climate and maintain and grow the business tax base.

13. Support efforts to allow cities to recapture the true values of redevelopment and successor agency funds.

Environment

14. Support continued funding and incentives to local agencies to work together to improve air quality through the reduction of emissions and advancing economic and technical developments.

15. Support and monitor legislation that increases the availability of, and funding for, water conservation, water reuse technologies, water recycling, local water storage , storm water, and other water supply technologies such as the Groundwater Replenishment System project.

16. Monitor the development of a state framework for long term water conservation measures and advocate for a science-based approach to indoor water use standards.

Council Agenda Packet, December 18, 2023 Page 132
3 17. Support efforts to streamline and improve the state and federal environmental review processes and prevent environmental review from being weaponized to the City’s detriment.

18. Support funding for the retrofitting of municipal buildings to increase energy efficiency.

19. Support legislation and funding that assist cities and local businesses with state mandated organics recycling requirements.

20. Support policies that provide funding and flexibility for performing wildfire fuel modification.

Governance and Transparency

21. Support local government action, rather than the imposition of state, federal or regional mandates upon local governments, as well as federal mandates placed on the state.

22. Support maximum flexibility for local government in contracting and contract negotiations.

23. Support open government initiatives as well as the principles of the open meetings provisions of the Ralph M. Brown Act at all levels of government.

24. Support efforts to provide local legislative bodies with additional flexibilities regarding remote meetings and Ralph M. Brown Act requirements.

25. Support legislation that preserves the ability of local governments to determine the appropriate type of election system for their jurisdiction.

26. Support efforts by the State to increase funding into the California State Controller’s State Mandated Programs reimbursement program.

27. Oppose legislation and unfunded mandates imposing impractical requirements on records collection and retention.

28. Oppose policies that would increase the voter threshold for local revenue measures or would increase the potential for litigation over local taxes and fees.

29. Oppose legislation that would lessen the ability of local governments to enforce contractual language agreed to and contained within existing franchise documents.

Homelessness and Mental Health

30. Support the allocation of new funding for homelessness and mental health services, the construction of transitional housing and mental health facilities, and prioritization of regional collaborations delivering outreach, engagement, and clinical services.

31. Support legislation that requires counties to partner with cities when receiving a direct allocation of homeless funds and has a regional focus.

32. Support legislative changes to Coordinated Entry requirements that allow local governments to prioritize based on local unsheltered needs.

33. Support legislative efforts that have a focus on keeping people in housing, once placed, for many years.

34. Support investments in mental health treatment across the continuum of care, including efforts to support or encourage the creation of additional board and care beds as well as subacute treatment and psychiatric skilled nursing facilities.

35. Support for funding sources to develop local Homelessness/Mental Health Plans.

Housing, Community Development, and Land Use

36. Support incentive-based housing legislation to encourage expanding housing supply in the City, including flexibility for local jurisdictions to work together to provide housing that counts towards Regional Housing Needs Assessment (RHNA) requirements.

Council Agenda Packet, December 18, 2023 Page 133
4 37. Support legislation that preserves local discretion in the assessment, collection, and usage of development fees.

38. Support housing policies that maintain local control and allow local governments to make decisions on local zoning and density requirements.

39. Support legislation that preserves local flexibility in the adoption and implementation of health and safety standards contained in the building codes.

40. Support funding and tax incentives for the identification, acquisition, maintenance, adaptive reuse, and restoration of historic sites and structures.

41. Support housing measures that promote the development and enhancement of safe and affordable housing and accessible housing within the City for all economic segments of the population, while still retaining local control.

42. Support legislation that maintains City authority over the conditions and classifications of mobile home park residencies within the eight mobile home parks located and/or operated by the City.

43. Support policies and funding that supports affordable housing production for seniors.

44. Support changes to RHNA methodology that is flexible and considers the demographics, geography, land use patterns, socio-economic makeup of the community, job growth and housing needs so the difference of each community is carefully considered.

45. Support legislation that protects areas designated as single -family homes as the City recognizes the benefits of having single-family homes as an alternative for housing.

46. Support policies and funding for wildfire resilience for communities within very high fire hazard severity zones.

47. Oppose additional affordable housing production mandates unless funding is appropriated to finance the mandate.

48. Oppose legislation that prohibits the imposition of parking minimums.

49. Oppose legislation that further expands the applicability of ministerially streamlined developments within the City that are not consistent with the General Plan.

Human Resources and Risk Management

50. Support pension reform measures designed to control or decrease employer liability or increase transparency in reporting without imposing und ue hardships or administrative burdens on local government.

51. Support policies that streamline alternative dispute resolution processes for employees.

52. Oppose measures that reduce local control over employee relations issues or mandate new or enhanced local government employee benefits.

53. Oppose measures that impose compulsory and binding arbitration with respect to employees.

54. Oppose redundant or unnecessary proposals that require excessive human resources burdens without sufficient reimbursement.

Public Safety

55. Support measures that encourage community safety and well-being including those that support state and federal reimbursement of homeland security-related expenses.

56. Support legislation that provides for greater penalties associated with organized retail theft Council Agenda Packet, December 18, 2023 Page 134
5 operations.

57. Support legislation that allows local governments greater flexibility in controlling speed limits and imposing fines for traffic violations.

58. Support legislation affirming the ability of local government to restrict the presence and residency of sex offenders near schools, parks, and other locations frequented by children.

59. Support policies that restrict persons with mental health disorders from possessing or owning a firearm.

60. Support local control of emergency medical services and ambulance service, including pre- hospital care and transport.

61. Support legislation that aids paramedics and other emergency medical service practitioners in their ability to be responsive to community needs.

62. Support legislation that provides funding for programs that are critical to Fire Suppression, Fire Prevention, and Emergency Medical Services.

63. Support initiatives that foster safety for firefighters and the public, including utilization of detection devices that suppress harmful elements, toxic chemicals, and known carcinogens.

64. Support wildfire-related legislation that provides funding opportunities to bolster community resilience to areas located in Very High Fire Hazard Severity Zones.

65. Support for programs that enhance fire and emergency training and response capabilities.

66. Support legislation aimed at community paramedicine efforts, or other alternative response methods.

67. Oppose legislation that would interfere with the ability of law enforcement to remove individuals, either in person or in a vehicle, from public facilities, property, or streets.

68. Oppose legislation that would interfere with a City’s ability to use emerging technology to bolster law enforcement efforts.

69. Oppose legislative attempts at early release of incarcerated prisoners and measures that would further de-criminalize non-violent offenses.

70. Oppose legislation that usurps local discretion with the operation of marijuana retail sites and delivery.

71. Oppose legislation that places burdensome restrictions on law enforcement and limits their ability to protect public safety.

72. Oppose legislation that reduces the local fire authority having jurisdiction's ability to condition developments in the name of increased housing.

Transportation, Infrastructure, and Public Works

73. Support working with regional partners —governmental, private, and nonprofit —to identify and pursue funding for projects improving infrastructure within the City.

74. Support funding for non-motorized/active transportation infrastructure such as bicycle trails and pedestrian access.

75. Support legislation that protects local government authority over telecommunications facilities placed within public right-of-ways to include the aesthetics of equipment installed by companies or contractors.

76. Support the preservation and expansion of transportation grant funding opportunities to help incorporate new transportation technologies and practices into local transportation networks.

Council Agenda Packet, December 18, 2023 Page 135
6 77. Support efforts that streamline funding between the state, federal, and local governments that help reduce the amount of time and resources it takes to fund and complete transportation projects.

78. Support protection of dedicated transportation-related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities.

79. Support legislation for funding opportunities to expand local infrastructure for electronic vehicle charging stations.

80. Oppose legislation that conditions a city’s share of transportation funding on housing- related goals.

Council Agenda Packet, December 18, 2023 Page 136
City of La Verne, City Council
Agenda Report

DATE: December 18, 2023

TO: Honorable Mayor and City Council

FROM: JR Ranells, Assistant City Manager

SUBJECT: LA VERNE FILM PERMIT PROCESS REVIEW AND CITY COUNCIL

DIRECTION ON PROCESS REVISIONS

SUMMARY
City of La Verne Municipal Code Title 5, Chapter 5.57, Filming and Video Taping, outlines the process and requirements to obtain a permit to professionally film in La Verne. The procedure and requirements for approval can make it difficult for efficient processing and is being reviewed for direction on possible improvements.

RECOMMENDATION
It is recommended that the City Council review the current Municipal Code related to Film Permits and provide Staff direction for procedural improvements.

DISCUSSION
Under the City’s Municipal Code, formal City Council approval is required prior to the issuance of most f ilm permits. While other communities have less of a bureaucratic component to approval, there was previously a significant community impact related to filming activity that resulted in the need for stronger oversite. This additional oversite has been identified as cumbersome in facilitating filming in the City as it can delay or completely remove La Verne as a desired location.

Additionally, the City does not have a Staff person dedicated to processing f ilm permits which are currently handled by the City Manager’s Office. Many neighboring cities utilize a third party to process such permits at no cost to the city. As an added benefit of reducing staffing workload, the third -party vendor option is typically more efficient because of familiarity with such activities.

Possible direction by the City Council includes:

1. The City Council directs Staff to amend Title 5, Chapter 5.57, Filming and Video Taping to include internal streamlined review and approval of most film permits by City Staff; or

2. The City Council directs Staff to amend Title 5, Chapter 5.57, Filming and Video Taping to include a streamlined review and approval of most film permits using an external film permit processing company; or

3. The City Council directs Staff to continue to enforce Title 5, Chapter 5.57, Filming and Video Taping as currently written.

Council Agenda Packet, December 18, 2023 Page 137
Film Permit Process Review
December 18, 2023

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La Verne City CouncilDecember 18, 2023

La Verne City Council
December 18, 2023