Agenda packet — Lawndale City Council, January 21, 2025 (part 2 of 2)

COUNCIL POLICY
SUBJECT:

Purchasing Policy
POLICY NO.: 53-00 DATE ADOPTED:
10/2/00
6/25/18
11/5/18
10/18/21
AUTHORITY:

Resolution No. CC-0009-96
Resolution No. CC-1806-027
Resolution No. CC-1811-046
Resolution No. CC-2110-044
PURPOSE:

Lawndale Municipal Code (LMC) Section 3.08 establishes a complete legal framework for the purchasing system, elements of which are delineated in this Council Policy.

The purchasing system establishes procedures for the purchase of supplies, services and equipment; it secures acquisitions at the lowest possible price commensurate with quality required; it creates financial controls; it clearly defines authority for the purchasing function; and it seeks to ensure the quality of purchases.

POLICIES:

I. The City’s purchasing operation shall obtain goods, services, and contracts at the best quality and lowest price through an open, fair and competitive process.

II. Excluded from this Policy is the purchase of supplies, services and equipment that are included within the specification of a “Public Works” construction project. Such acquisitions are subject to the regulations contained in the California Public Contract Code.

III. The City Manager is the City’s purchasing officer and has ultimate administrative oversight of all purchases. The City Manager may delegate day to day administrative authority to the Finance Director to carry out all purchasing functions as Finance is the appropriate department for this measure.

IV. Exceptions to bidding for supplies and equipment may be permitted by the purchasing officer in the following situations: emergency, sole source, cooperative purchasing, or for fuel purchase, per LMC Section 3.08.110. Each exception must be documented in a writing signed by the purchasing officer.

V. Every procurement, whether by contract or otherwise must also include a payment voucher and purchase requisition initiated by the applicable department head.

VI. Whenever a funding source (i.e., special revenue funds, grants) imposes stricter purchasing requirements than the City’s purchasing regulations, the stricter requirements must be followed.

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and conditions equal except price, a preference will be given to in-Ccity vendors equal to 1% of the quoted price when General Fund monies are used. The rationale for the preference is that 1% of the sales tax on most acquisitions returns to the City’s General Fund as revenue.

PROCEDURES:

1. City Council Award (City Council Award: $greater than $15,000) – LMC Section

3.08.120 and 3.08.130
a. Formal bidding procedures and a written contract are required. for purchase of goods and services in amounts greater than $15,000.
b. See LMC Section 3.08.120 and 3.08.130.
bc. The lowest bidder able to provide the required goods and/or services will be recommended to the City Council for contract award. In the case of service contracts, factors other than price may be used in determining contract award. cd. Following award, a purchase order must be delivered to the finance department.

2. City Manager May Award after Bidding: (Between >$5,000 and $15,000) - LMC Section

3.08.120 and 3.08.130
a. Three formal bids are required for purchase of goods and three proposals for services. in amounts between >$5,000 and up to $15,000. b. See LMC Section 3.08.120 and 3.08.130.
c. The lowest bidder able to provide the required goods will be recommended to the City Council for contract award. In the case of service contracts, factors other than price may be used in determining contract award.
d. Requires a written contract which may be approved by the City Manager if funds have been appropriated for this use.
e. Following approval, a purchase order must be delivered to the finance department.
f. During a state of emergency or unforeseen catastrophe the City Manager Award limit may be up to $50,000.

3. Department Head May Award after Bidding: Between >$1,000 and $5,000 - LMC Sections 3.08.120 and 3.08.130
a. Three formal bids are required for the purchase of goods and services. in amounts of >$1,000 and up to $5,000.
b. See LMC Sections 3.08.120 and 3.08.130 regarding formal bids. c. Award is to the lowest bidder able to provide the required goods. In the case of service contracts, factors other than price may be used in determining contract award.
d. Requires a written agreement for services, purchase order for goods, which may be approved by the Department Head when authorized in writing by the City Manager and if funds have been appropriated for this use. e. Following approval, a purchases order must be delivered to the finance department.

4. Department Award No Formal Bidding Required: $1,000 or Less – LMC Section

3.08.100
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a. Three formal bids are not required for purchase of goods and services. in amounts up to $1,000. However, obtaining informal bids (e.g. from internet) is still an advisable practice.
b. The applicable Department Head can approve any payment voucher for $1,000 or less when funds have been appropriated for this use.
c. No purchase order is required. However, a Payment Voucher with the matching invoice must be submitted and signed by the department director.

5. Emergency and Other Exegent Purchasing by the City Manager – LMC Section 3.08.050 and 3.08.110
a. In case of emergency, the City Manager may dispense with bidding and procure goods or services necessary to alleviate the emergency situation. Such dispensation shall be made in writing. Any purchase made pursuant to such a dispensation shall be reported to the City Council and public at the next feasible meeting of the City Council, but in no event more than 30 days from the date of purchase.
b. The City Manager may authorize in writing the continuation of work on an award made pursuant to Section 3 or 4 above even though the continued work would take the total contract price into the next-higher tier (i.e., from Section 4 into Section 3, or from Section 3 into Section 2). The City Manager may so authorize if City staff received an estimate for the work, the work was awarded based on the estimate, while the work was being performed additional issues arose that were not readily apparent at the time the estimate was procured, and the City Manager determines that good cause exists to continue the work at the higher price. Any purchase made pursuant to such a dispensation shall be reported to the City Council and public at the next feasible meeting of the City Council, but in no event more than 30 days from the date of purchase.

REGULATIONS FOR PROCUREMENTS OF PROPERTY OR SERVICES UTILIZING FEDERAL FUNDING:

A. This section will appliesy to the awarding of sub-grants and contracts by the City for projects using federal grant funding. This includes the award of sub-grants and contracts by the City stemming from state, county, or other non-federal government entity grants originating as federal grants.

A.B.

B. Procurement Standards.

1. The City has these standards to ensure contractors perform in accordance with the terms, conditions and specifications of their contracts or purchase orders.

2. 1. The City’s has a written conflict of interest code which prohibitsgoverns the actions of its employees from engaginged in the selection, award and administration of contracts . No employee, officer or agent of the City will participate in selection, or in the award or administration of a contract supported by federal funds if any of the following a real or apparent conflicts exist: of interest, real or apparent, would be involved. Such a conflict would arise when:
a. The employee, officer or agent;
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b. Any member of his or her immediate family;
c. His or her partner; or
d. An organization which employs, or is about to employ, any of the above, has a financial or other interest in or a tangible personal benefit from a firm considered for award.

3. 2. The City’s officers, employees or agents will not solicit or accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements. A conflict does not arise where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. Disciplinary action will be applied to any violations of these standards by officers, employees, or agents of the City.

4.3. The City will not enter into a contract with a non-Federal entity that has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, unless the non-Federal entity maintains written standards of conduct covering organizational conflicts of interest which. Organizational conflicts of interest occur whenmean due to relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

4. The City will avoid acquisition of unnecessary or duplicative items.

5. Consideration will be given to the following to determine the most economical procurement approach:
a. Cconsolidating or breaking out procurements to obtain a more economic purchase. Where appropriate, an analysis will be made of b. Llease versus purchase alternatives., and any other appropriate analysis to determine the most economical approach.
c. Entering into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services.
d. Using Federal excess and surplus property in lieu of purchasing new equipment and property.
e. Using value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure its essential function is provided at the overall lower cost. f.

5. 6. The City will consider entering into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services.

7. The City will consider using Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs.

8. The City will consider using value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value Formatted: Indent: Left: 0.31", No bullets or
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engineering is a systematic and creative analysis of each contract item or task to ensure its essential function is provided at the overall lower cost.

9.6. The City will maintain records sufficient to detail the history of procurement.

These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection and the basis for the contract price.

10. The City will use time and material type contracts only:
a. After a determination is made that no other contract is suitable; and b. If the contract includes a ceiling price such that the contractor exceeds at their own risk.

11. The City alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements including . These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the City of any contractual responsibilities under its contracts.

C. Competition.

1. The City will conduct procurement transactions in a manner providing full and open competition. To ensure objective contractor performance and eliminate unfair competitive advantage, Ccontractors developing or drafting specifications, requirements, statements of work, or invitations for bids or requests for proposals are excluded from competing for such procurements.

2. The City will not use statutorily or administratively imposed in-state or local geographical preferences in the evaluation of bids or proposals, unless applicable Federal statutes expressly require or encourage geographic preference. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criteria provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.

3. All procurement solicitations must:
a. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description will not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured, and when necessary, will set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equal description may be used to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offerors will be clearly stated; and b. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.

Commented [KS1]: This seems contradictory to the policy VII for local vendor preference on page 1 - however this is under the heading for “Federal Funding”
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4. The City will ensure prequalified lists of persons, firms, or products that are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. The City will not preclude potential bidders from qualifying during the solicitation period.

D. Methods of Procurement to be followed. The City will use one of the following methods of procurement:

1. Procurement by Micro-Purchases - Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions). Procurement by micro-purchase is the
a. Aacquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold. as set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and

1.b. Threshold amount adjusted periodically for inflation. As of the date of this policy, the micro-purchase threshold is $3,500.10,000

2. Procurement by Small Purchase Procedures - Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions); 41 U.S.C. 1908.
a. Small purchase procedures are relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the simplified acquisition threshold. as set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908 and
adjusted for inflation. If small purchase procedures are used, b. Pprice or rate quotations must be obtained from an adequate number of qualified sources.

2.c. As of the date of this policy, the simplified acquisition threshold is $2150,000, periodically adjusted for inflation. For purchases exceeding fifty thousand ($50,000), City Council approval is required.

3. Procurement by Sealed Bids (Formal Advertising). Bids are publicly solicited and a firmfixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price.
a. For sealed bidding to be feasible, the following conditions should be present:
(1) A complete, adequate, and realistic specification or purchase description is available;
(2) Two or more responsible bidders are willing and able to compete effectively for the business; and
(3) The procurement lends itself to a firm-fixed-price contract and the selection of the successful bidder can be made principally based on price. b. If sealed bids are used, the following Rrequirements for sealed bidsapply:
(1) The invitation for bids will be publicly advertised and bids will be solicited from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids;
(2) The invitation for bids, which will include any specifications and pertinent attachments, will define the items or services for the bidder to properly respond;
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(3) All bids will be publicly opened at the time and place prescribed in the invitation for bids;
(4) A firm-fixed-price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs will be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and
(5) If there is a sound documented reason, any or all bids may be rejected.

4. Procurement by Competitive Proposals. The technique of competitive proposals is Nnormally conducted with more than one source submitting an offer, and either a fixedprice or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following

4. Rrequirements for Competitive Proposalsapply:
a. Requests for proposals will be publicized and identify all evaluation factors including relative importance. Any response to publicized requests for proposals must be honored to the maximum extent practical;
b. Proposals will be solicited from an adequate number of qualified sources; c. The City will conduct technical evaluations of the proposals received. and for selecting awardees;
d. Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and e. The City may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort.

5. Procurement by Noncompetitive Pproposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances applies:
a. The item is available only from a single source;
b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
c. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in a written request from the City; or d. After solicitation of multiple sources, competition is determined inadequate.

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(1) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
(2) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in subsections 6.b.(1) through (6) of this section.

7. Contracts Cost and Price.
a. The City will perform a cost or price analysis in every procurement action exceeding the simplified acquisition threshold including contract modifications.

The method and degree of analysis will be dependent on the facts surrounding each procurement situation. As a starting point, the City will make independent estimates before receiving bids or proposals.
b. Costs or prices based on estimated costs for contracts under the Federal award will be allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the City under Subpart E – Cost Principles of Title 2, Subtitle A, Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). c. The cost plus a percentage of cost and percentage of construction cost methods of contracting will not be used.

8. Federal Awarding Agency or Pass-Through Entity Review. a. The City will make available, upon request of the Federal awarding agency or passthrough entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for purchase. b. The City will make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposal or invitations for bids, or independent cost estimates when:
(1) The City’s procurement procedures or operation fails to comply with the procurement standards of Title 2, Subtitle A, Part 200, Subsection 200.324; (2) The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation;
(3) The procurement, which is expected to exceed the simplified acquisition threshold, specifies a “brand name” product;
(4) The proposed contract is more than the simplified acquisition threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or
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(5) A proposed modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold. c. The City may be exempted from the pre-procurement review in subsection 8.b. above if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards set forth in Title 2, Subtitle A, Part 200, or the City self-certifies compliance with such standards if self-certification is permitted by the Federal awarding agency or pass-through entity.

9. Bonding Requirements. The City will require bid guarantees, performance bonds, and payment bonds consistent with Title 2, Part 200, Section 200.325 of the Code of Federal Regulations.

10. Contract Provisions. The City’s contracts will contain the provisions in Appendix II to Title 2, Subtitle A, Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, as applicable.
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LAWNDALE PURCHASING POLICY OVERVIEW
These are general guidelines for acquisition of supplies, equipment, operating and maintenance services, and construction projects other than "Public Works Projects". The evaluation and selection procedures for certain goods and services may vary on a case-by-case basis.

TYPE CATEGORY

Department Award
Without Formal
Bids:

Goods from $0
to $1,000

Department Award
with Formal Bids:
>$1,000
to
$5,000
City Manager
Award
>$5,000
to
$15,000
City Council Award
>$15,000
and
Up

PURCHASING AUTHORITY/FEATURES
"Department Award Without Formal Bids"
 Per LMC Section 3.08.100
 Bids not required
 Purchase order not required
 May not be used for services
 Process invoice using payment voucher
 Department Head signature required if funds are in
budget for this use
 "Department Award after Formal Bids"
 Per LMC Sections 3.08.120 & 3.08.130
 Department solicits at least three bids
 Authorized by Department Head at requisition level
 Bids and supporting data attached to requisition
 Purchase transacted with purchase order unless it’s
for a service which requires a written contract
 Department archives written quotation
 "City Manager Award"
 Per LMC Sections 3.08.120 & 3.08.130
 At least three formal bids/proposals needed
 May be authorized by City Manager
 Bids and supporting data attached to requisition
 Written agreement required
 Department archives written quotations
 "City Council Award"
 Per LMC Section 3.08.120 & 3.08.130
 Formal bidding required with a written agreement
 Authorized by City Council only
 Approved actions transacted only with purchase order
 Department archives all support materials
 City Clerk archives agenda item

ATTACHMENT B
Resolution No. CC-2409-095
Updating Council Policy No. 53-00
Purchasing Policy
1 RESOLUTION NO. CC-2409-095

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LAWNDALE, CALIFORNIA
ADOPTING AN UPDATED VERSION OF COUNCIL POLICY NO. 53-00

PERTAINING TO PURCHASING
WHEREAS, the City Council of the City of Lawndale ("City") has established a Council Policy Manual to set forth and identify policies of the City Council which may not otherwise be established in ordinances of the City, or which are restated to further amplify existing City policy; and
WHEREAS, all policies included in the Council Policy Manual are adopted by resolution; and
WHEREAS, the City Council previously adopted a purchasing policy to establish guidelines, in addition to those set forth in the Lawndale Municipal Code, for the purchase of supplies, goods, and services; and
WHEREAS, the City Council has determined that there is a need to update policy to include emergency and exigent purchases, to increase purchasing transparency and align with similar organization's best practices.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAWNDALE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the City Council approves an amended and restated version of Policy No. 53-00, entitled "Purchasing Policy", a copy of which is attached hereto and incorporated herein as Exhibit "A".

SECTION 2. The City Clerk's Department is directed to replace said policy into the Council Policy Manual with this updated version.

SECTION 3. This resolution shall take effect as of the date of its passage and adoption.

PASSED, APPROVED AND ADOPTED this 21st day of January, 2025. _______________________________
Robert Pullen-Miles, Mayor
Resolution No. CC-2409-095
Updating Council Policy No. 53-00
Purchasing Policy
2 ATTEST:

State of California )
County of Los Angeles ) SS
City of Lawndale )
I, Erica Harbison, City Clerk of the City of Lawndale, California, do hereby certify that the City Council of the City of Lawndale duly approved and adopted the foregoing Resolution No. CC-2409- 095 at a regular meeting of said Council held on the 21st day of January, 2025, by the following roll call vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Robert Pullen-Miles, Mayor
Pat Kearney, Mayor Pro Tem
Sirley Cuevas
Bernadette Suarez
Frank M. Talavera
_______________________________
Erica Harbison, City Clerk
APPROVED AS TO FORM:
______________________________
Gregory M. Murphy, City Attorney
Council Policy No. 53-00

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COUNCIL POLICY
SUBJECT:

Purchasing Policy
POLICY NO.: 53-00 DATE ADOPTED:
10/2/00
6/25/18
11/5/18
10/18/21
1/21/25
AUTHORITY:

Resolution No. CC-0009-96
Resolution No. CC-1806-027
Resolution No. CC-1811-046
Resolution No. CC-2110-044
Resolution No. CC-2409-095
PURPOSE:

Lawndale Municipal Code (LMC) Section 3.08 establishes a complete legal framework for the purchasing system, elements of which are delineated in this Council Policy.

POLICIES:

I. The City’s purchasing operation shall obtain goods, services, and contracts at the best quality and lowest price through an open, fair and competitive process.

V. Every procurement, whether by contract or otherwise must also include a payment voucher and purchase requisition initiated by the applicable department head.

VI. Whenever a funding source (i.e., special revenue funds, grants) imposes stricter purchasing requirements than the City’s purchasing regulations, the stricter requirements must be followed.

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VII. The City utilizes local preference for purchases. Purchases from Lawndale vendors are strongly encouraged where competitive prices and quality exist. With all specifications and conditions equal except price, a preference will be given to in-City vendors equal to 1% of the quoted price when General Fund monies are used. The rationale for the preference is that 1% of the sales tax on most acquisitions returns to the City’s General Fund as revenue.

PROCEDURES:

1. City Council Award (City Council Award: greater than $15,000) – LMC Section

3.08.120 and 3.08.130
a. Formal bidding procedures and a written contract are required. b. The lowest bidder able to provide the required goods and/or services will be recommended to the City Council for contract award. In the case of service contracts, factors other than price may be used in determining contract award. c. Following award, a purchase order must be delivered to the finance department.

2. City Manager May Award after Bidding: (Between >$5,000 and $15,000) - LMC Section

3.08.120 and 3.08.130
a. Three formal bids are required for purchase of goods and three proposals for services.
.
c. The lowest bidder able to provide the required goods will be recommended to the City Council for contract award. In the case of service contracts, factors other than price may be used in determining contract award.
d. Requires a written contract which may be approved by the City Manager if funds have been appropriated for this use.
e. Following approval, a purchase order must be delivered to the finance department.
f. During a state of emergency or unforeseen catastrophe the City Manager Award limit may be up to $50,000.

3. Department Head May Award after Bidding: Between >$1,000 and $5,000 - LMC Sections 3.08.120 and 3.08.130
a. Three formal bids are required for the purchase of goods and services. c. Award is to the lowest bidder able to provide the required goods. In the case of service contracts, factors other than price may be used in determining contract award.
d. Requires a written agreement for services, purchase order for goods, which may be approved by the Department Head when authorized in writing by the City Manager and if funds have been appropriated for this use. e. Following approval, a purchases order must be delivered to the finance department.

4. Department Award No Formal Bidding Required: $1,000 or Less – LMC Section

3.08.100
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a. Three formal bids are not required for purchase of goods and services.. However, obtaining informal bids (e.g. from internet) is still an advisable practice. b. The applicable Department Head can approve any payment voucher for $1,000 or less when funds have been appropriated for this use.
c. No purchase order is required. However, a Payment Voucher with the matching invoice must be submitted and signed by the department director.

5. Emergency and Other Exigent Purchasing by the City Manager – LMC Section 3.08.050 and 3.08.110
a. In case of emergency, the City Manager may dispense with bidding and procure goods or services necessary to alleviate the emergency situation. Such dispensation shall be made in writing. Any purchase made pursuant to such a dispensation shall be reported to the City Council and public at the next feasible meeting of the City Council, but in no event more than 30 days from the date of purchase. For purposes of this section, “emergency” shall mean a situation in which a State of Emergency has been formally declared by the Federal, State, County, or City government in accordance with the statutes or ordinances giving it the power to do so. It shall also mean a situation in which due to weather conditions, natural disaster, civil unrest, or other circumstances affecting the City there is an immediate need to obtain goods and/or services to prevent harm to City facilities or personnel (or the public) and the immediate need makes infeasible or impossible full compliance with the Purchasing Ordinance. b. The City Manager may authorize in writing the continuation of work on an award made pursuant to Section 3 or 4 above even though the continued work would take the total contract price into the next-higher tier (i.e., from Section 4 into Section 3, or from Section 3 into Section 2). The City Manager may so authorize if City staff received an estimate for the work, the work was awarded based on the estimate, while the work was being performed additional issues arose that were not readily apparent at the time the estimate was procured, and the City Manager determines that good cause exists to continue the work at the higher price. Any purchase made pursuant to such a dispensation shall be reported to the City Council and public at the next feasible meeting of the City Council, but in no event more than 30 days from the date of purchase.

REGULATIONS FOR PROCUREMENTS OF PROPERTY OR SERVICES UTILIZING FEDERAL FUNDING:

A. This section applies to the awarding of sub-grants and contracts by the City for projects using federal grant funding. This includes the award of sub-grants and contracts by the City stemming from state, county, or other non-federal government entity grants originating as federal grants.

Procurement Standards

1. The City’s written conflict of interest code which prohibits its employees from engaging in the selection, award and administration of contracts supported by federal funds if any of the following real or apparent conflicts exist:
a. The employee, officer or agent;
b. Any member of his or her immediate family;
c. His or her partner; or
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d. An organization which employs, or is about to employ, any of the above, has a financial or other interest in or a tangible personal benefit from a firm considered for award.

2. The City’s officers, employees or agents will not solicit or accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements. A conflict does not arise where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value.

3. The City will not enter into a contract with a non-Federal entity that has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, unless the non-Federal entity maintains written standards of conduct covering organizational conflicts of interest which occur when the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization

4. 4. The City will avoid acquisition of unnecessary or duplicative items.

5. Consideration will be given to the following to determine the most economical procurement approach:
a. Consolidating or breaking out procurements to obtain a more economic purchase.
b. Lease versus purchase alternatives.
c. Entering into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services.
d. Using Federal excess and surplus property in lieu of purchasing new equipment and property.
e. Using value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure its essential function is provided at the overall lower cost.

6. The City will maintain sufficient records to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection and the basis for the contract price.

10. The City will use time and material type contracts only:
a. After a determination is made that no other contract is suitable; and b. If the contract includes a ceiling price, the contractor exceeds at their own risk.

C. Competition.

1. The City will conduct procurement transactions in a manner providing full and open competition. Contractors developing or drafting specifications, requirements, statements of Council Policy No. 53-00

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work, or invitations for bids or requests for proposals are excluded from competing for such procurements.

3. All procurement solicitations must:
a. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equal description may be used to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offerors will be clearly stated; and
b. Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.

D. Methods of Procurement to be followed. The City will use one of the following methods of procurement:

1. Procurement by Micro-Purchases - Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions)
a. Acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold.
b. Threshold amount adjusted periodically for inflation. As of the date of this policy, the micro-purchase threshold is $,10,000

2. Procurement by Small Purchase Procedures - Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions); 41 U.S.C. 1908
a. Simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the simplified acquisition threshold.
.
b. Price or rate quotations must be obtained from an adequate number of qualified sources.
c. As of the date of this policy, the simplified acquisition threshold is $250,000, periodically adjusted for inflation. For purchases exceeding fifty thousand ($50,000), City Council approval is required.

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a. For sealed bidding to be feasible, the following conditions should be present:
(1) A complete, adequate, and realistic specification or purchase description is available;
(2) Two or more responsible bidders are willing and able to compete effectively for the business; and
(3) The procurement lends itself to a firm-fixed-price contract and the selection of the successful bidder can be made principally based on price. b. Requirements for sealed bids:
(1) The invitation for bids will be publicly advertised and bids will be solicited from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids;
(2) The invitation for bids, which will include any specifications and pertinent attachments, will define the items or services for the bidder to properly respond;
(3) All bids will be publicly opened at the time and place prescribed in the invitation for bids;
(4) A firm-fixed-price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs will be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and
(5) If there is a sound documented reason, any or all bids may be rejected.

4. Procurement by Competitive Proposals. Normally conducted with more than one source submitting an offer, and either a fixed-price or cost-reimbursement type contract is awarded.

It is generally used when conditions are not appropriate for the use of sealed bids.

Requirements for Competitive Proposals:
a. Requests for proposals will be publicized and identify all evaluation factors including relative importance. Any response to publicized requests for proposals must be honored to the maximum extent practical;
b. Proposals will be solicited from an adequate number of qualified sources; c. The City will conduct technical evaluations of the proposals received.; d. Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and e. The City may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors’ qualifications are evaluated, and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort.

5. Procurement by Noncompetitive Proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances applies:

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a. The item is available only from a single source;
b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
c. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in a written request from the City; or d. After solicitation of multiple sources, competition is determined inadequate.

6. Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms.
a. The City will take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. b. Affirmative steps include:
(1) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
(2) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in subsections 6.b.(1) through (6) of this section.

7. Contracts Cost and Price.
a. The City will perform a cost or price analysis in every procurement action exceeding the simplified acquisition threshold including contract modifications.

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b. The City will make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposal or invitations for bids, or independent cost estimates when:
(1) The City’s procurement procedures or operation fails to comply with the procurement standards of Title 2, Subtitle A, Part 200, Subsection 200.324; (2) The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation;
(3) The procurement, which is expected to exceed the simplified acquisition threshold, specifies a “brand name” product;
(4) The proposed contract is more than the simplified acquisition threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or
(5) A proposed modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold. c. The City may be exempted from the pre-procurement review in subsection 8.b. above if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards set forth in Title 2, Subtitle A, Part 200, or the City self-certifies compliance with such standards if self-certification is permitted by the Federal awarding agency or pass-through entity.

9. Bonding Requirements. The City will require bid guarantees, performance bonds, and payment bonds consistent with Title 2, Part 200, Section 200.325 of the Code of Federal Regulations.

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TYPE CATEGORY

Department Award
Without Formal
Bids:

Goods from $0
to $1,000

Department Award
with Formal Bids:
>$1,000
to
$5,000
City Manager
Award
>$5,000
to
$15,000
City Council Award
>$15,000
and
Up

Lucho Rodriguez, Public Works Director
Nick Petrevski, Associate Engineer
SUBJECT:

Award Three Year On-Call HVAC Preventative Maintenance and Repair at City Facilities Services Contract

BACKGROUND
The City has a need for a Heating, Ventilation, and Air Conditioning (HVAC) preventative maintenance and repair program for the equipment on City facilities.

Over the years, issues identified with the HVAC systems are mostly inconsistent temperature regulation, increased energy consumption, and frequent breakdowns. Past maintenance efforts were performed on an as-needed basis mainly consisting on repairs following equipment failure, leading to reactive rather than proactive repairs which are most costly.

In order to extend equipment life, maintain a comfortable and safe environment for staff and residents, and control costs, an On-Call HVAC Preventative Maintenance and Repair Services contract is essential.

The HVAC preventative maintenance program goals are designed to enhance system efficiency, extend equipment lifespan, minimize breakdowns, improve indoor air quality, reduce repair costs, increase comfort levels in the facilities, develop a maintenance schedule and document maintenance activities by means of quarterly inspections with cleaning, lubrication and adjustments to optimize performance. Additionally by having a HVAC maintenance contractor on contract, the response time to perform repairs when needed will be reduced.

Facilities to be covered under this contract include City Hall, Municipal Services/Cable TV, Community Center, Public Works, William Green Park, and Hogan Park.

STAFF REVIEW
On November 13, 2024 staff issued a Request for Proposal (RFP) for On-Call HVAC Preventative Maintenance and Repairs at City Facilities. Four (4) proposals were received on December 4, 2024. Vendor review and scoring was based on many factors including approach and methods, relevant experience and expertise, time frame and costs, and the ability to comply with the timeline terms and billing procedures. A team of staff members from the Community Services and Public Works Departments reviewed and scored the proposals using the established criteria in the RFP. The proposal rankings are as follows:

Rank Proposer Name Total Score
1 South Coast Mechanical, LLC 244
2 Mesa Energy Systems, Inc. 239
3 Creative Air Mechanical Services, LLC 225
4 Element Mechanical Service 23
Based on proposal review, staff recommends South Coast Mechanical, LLC for the On-Call HVAC Preventative Maintenance and Repair at City Hall Facilities Services contract, for a not-to-exceed cost of $70,000.00 dollars annually.

LEGAL REVIEW
The City Attorney has reviewed this report.

FISCAL IMPACT
The funds to cover the annual cost of the contract will come from account 100-320-520.120 fund, and will be used as needed for maintenance and repairs of the systems.

RECOMMENDATION
Staff recommends that the City Council:

1. Award an On-Call HVAC Preventative Maintenance and Repair at City Facilities Services agreement to South Coast Mechanical, LLC, for a three-year term, with an option to extend up to three one-year extensions.

Attachments
Attachment A- South Coast Proposal.pdf
Attachment B- South Coast Mechanical Draft Agreement
Attachment C- All Proposals.pdf
Attachment D- RFP.pdf
Attachment A

Attachment B
LA #4828-2252-8997 v1

CITY OF LAWNDALE

CONTRACT SERVICES AGREEMENT FOR

ON-CALL HVAC PREVENTATIVE MAINTENANCE AND REPAIR AT CITY FACILITIES

SERVICES
This Contract Services Agreement ("Agreement") is made and entered into this 21st day of January, 2025, by and between the City of Lawndale, a municipal corporation ("City"), and South Coast Mechanical, LLC ("Consultant"). The term Consultant includes professionals performing in a consulting capacity. The parties hereto agree as follows:

1.0 SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide the work and services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference. Consultant warrants that all work or services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.

1.2 Consultant's Proposal. The Scope of Services shall include the Consultant's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, taxes, including applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement; and shall indemnify, defend and hold harmless City against any claim for such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the work and services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.

1.6 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation must be approved by the City Council. It is expressly understood by Consultant that the provisions of South Coast Mechanical, LLC
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this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

1.8 Environmental Laws. Consultant shall comply with all applicable environmental laws, ordinances, codes and regulations ofFederal, State, and local governments. Consultantshall also comply with all applicable mandatory standards and policies relating to energy efficiency.

2.0 COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Fee Proposal" attached hereto as Exhibit "C" and incorporated herein by this reference. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures approved by the Contract Officer in advance if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first (1st) working day of such month, Consultant shall submit to the City, in a form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.2, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and no later than forty-five (45) days, from the submission of an invoice in an approved form. City will review each invoice submitted by Consultant to determine whether the work performed and expenses incurred are in compliance with this Agreement.

If no charges or expenses are disputed, the invoice will be approved and paid. In the event any charges or expenses are disputed by City, the invoice will be returned by City to Consultant for correction and resubmission. City reserves the right to withhold future payment to Consultant if any aspect of the Consultant’s work is found substantially inadequate.

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2.3 Availability of Funds. It is mutually understood between the parties that this Agreement is valid and enforceable only if sufficient funds are made available by the City Council of the City for the purposes of this Agreement. The availability of funding is affected by matters outside the City’s control, including other governmental entities. Accordingly, the City has the option to void the whole Agreement or to amend the Agreement to reflect unanticipated reduction in funding for any reason.

3.0 PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference.

The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if, in the judgment of the Contract Officer, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused; Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Section 7.4 below, this Agreement shall begin on January 21, 2025 and continue in full force and effect until completion of the services no later than January 20, 2028.

4.0 COORDINATION OF WORK

4.1 Representative of Consultant. Fred Alamolhoda is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work or services specified herein and to make all decisions in connection therewith.

It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may his responsibilities be substantially reduced by Consultant without the express written approval of City.

4.2 Contract Officer. The City's City Manager is hereby designated as the representative of the City authorized to act in its behalf with respect to the work and services and to make all decisions in connection therewith ("Contract Officer"). It shall be the Consultant's responsibility to assure that the South Coast Mechanical, LLC
4 LA #4828-2252-8997 v1
Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. The City may designate another Contract Officer by providing written notice to Consultant.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred or assigned without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant taking all transfers into account on a cumulative basis. A prohibited transfer or assignment shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner or means by which Consultant or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees. Consultantshall not at any time or in any manner represent that it or any of its employees are employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. In the event that Consultant or any employee of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any staff Consultant used to provide services under this Agreement are employees of the City.

5.0 INSURANCE AND INDEMNIFICATION

5.1 Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,00.00 per occurrence for all covered losses and no less than $2,000,000.00 general aggregate.
(b) Workers' Compensation Insurance. A policy of workers' compensation insurance on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.

South Coast Mechanical, LLC
5 LA #4828-2252-8997 v1
(c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than $1,000,000.00 per accident, combined single limit. Said policy shall include coverage for owned, non owned, leased and hired cars. (d) Professional Liability or Error and Omissions Insurance. A policy of professional liability insurance in an amount not less than $1,000,000.00 per claim with respect to loss arising from the actions of Consultant performing professional services hereunder on behalf of the City. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

All of the above policies of insurance shall be primary insurance. The general liability policy shall name the City, its officers, employees and agents ("City Parties") as additional insureds and shall waive all rights of subrogation and contribution it may have against the City and the City's Parties and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shall also provide that said insurance may be not cancelled without providing ten (10) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled or amended, Consultant shall, prior to the cancellation or amendment date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer.

No work or services under this Agreement shall commence until Consultant has provided City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City.

Consultant agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant's activities or the activities of any person or persons for which Consultant is otherwise responsible. If the Consultant’s insurance policies have higher limits and coverage than those required by this contract, the City will have access to those higher limits and coverage maintained by the Consultant.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide or The Key Rating Guide, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances.

In the event that the Consultant is authorized to subcontract any portion of the work or services provided pursuant to this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to this Section 5.1.

5.2 Indemnification.
(a) Indemnity for Design Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law, and except for the statutory limits set forth under California Civil Code Section 2782,8 applicable to services provided by a “design professional”, Consultant shall indemnify, defend and hold harmless City and the City's Parties from and against any and all losses, liabilities, damages, costs and expenses, including South Coast Mechanical, LLC
6 LA #4828-2252-8997 v1
attorneys' fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, employees of subcontractors (or any entity or individual for which Consultant shall bear legal liability) in the performance of professional services under this Agreement.
(b) Indemnity for Other Than Design Professional Liability. Other than in the performance of design professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City and City's Parties from and against any liability (including liability for claims, suits, actions, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, defense costs and expert witness fees), 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 Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, employees or subcontractors of Consultant.

6.0 RECORDS AND REPORTS

6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.

6.2 Records. Consultant shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Consultant, its employees, and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of such documents and materials. Consultant may retain copies of such documents for its own use and Consultant shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Except as necessary for the performance of services under this Agreement, no documents prepared under this Agreement may be released by Contractor to any other person or entity without City’s prior written approval. Consultant warrants that all Documents it drafts and completes pursuant to this Agreement constitute original work. Specifically, Consultant understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to City and representing it as Consultant’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Documents. Consultant South Coast Mechanical, LLC
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is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.

6.4 Confidentiality of Information. All information gained or work product produced by Contractor in performance of this Agreement will be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor may not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. Contractor, its officers, employees, or agents, may not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the services performed under this Agreement.

Response to a subpoena or court order will not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. If Contractor, or any officer, employee, or agent of Contractor, provides any information or work product in violation of this Agreement, then City will have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. Contractor must promptly notify City should Contractor, its officers, employees, or agents be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the services performed under this Agreement. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response. All media and press releases, including graphic display information, must be approved and distributed solely by City, unless otherwise agreed to in writing by City. All media interviews regarding the performance of services under this Agreement are prohibited unless expressly authorized by City.

7.0 ENFORCEMENT OF AGREEMENT

7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

7.2 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

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Attachment B

7.3 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.4 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of any notice of termination, Consultant shall immediately cease all work or services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for the reasonable value of the work product actually produced prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered.

7.5 Completion of Work After Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.6 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorneys’ fees, whether or not the matter proceeds to judgment, and to all other reasonable costs for investigating such action, taking depositions and discovery, including all other necessary costs the court allows which are incurred in such litigation.

8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest; City. No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation.

8.3 Conflict of Interest; Consultant. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Consultant shall comply with all conflict of interest laws and regulations including, without limitation, City's Conflict of Interest Code which is on file in the City Clerk's office. Accordingly, should the City Manager determine that Consultant will be performing a specialized or general service for the City and South Coast Mechanical, LLC
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there is substantial likelihood that the Consultant's work product will be presented, either written or orally, for the purpose of influencing a governmental decision, the Consultant and its officers, or employees, as applicable, shall be subject to the City's Conflict of Interest Code.

8.4 Covenant Against Discrimination. Consultant covenants that, by and for itself, its executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.

9.0 MISCELLANEOUS PROVISIONS

9.1 Notice. Any notice or other communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, City of Lawndale, 14717 Burin Avenue, Lawndale, California 90260, and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. 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.

9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by an instrument in writing signed by both parties.

9.4 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto 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) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement is binding upon the heirs, executors, administrators, successors and assigns of the parties.

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9.6 Counterparts. This Agreement may be executed in several counterparts, each of which will constitute one and the same instrument and will become binding upon the parties when at least one copy has been signed by both parties. This Agreement and any amendment will be considered executed when the signature page of a party is delivered by facsimile or other electronic transmission. Such electronic signatures will have the same effect as an original signature, provided that a wet signature copy is also mailed to the other party.

9.7 Modification of Agreement. No amendment to or modification of this Agreement will be valid unless made in writing and approved by Consultant and by the City Council or City Manager, as applicable. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CITY:

CITY OF LAWNDALE,
a municipal corporation
By: ________________________________
Robert Pullen -Miles, Mayor
ATTEST:
________________________________
Erica Harbison, City Clerk
APPROVED AS TO FORM:

Burke Williams & Sorensen, LLP
________________________________
Gregory M. Murphy, City Attorney
CONSULTANT:

South Coast Mechanical, LLC
a [California corporation]
By: ________________________________
Name: Joe Wisdom
Title: President
By: ________________________________
Name: Suzanne Griffin
Title: Chief Financial Officer
Address: 800 E. Orangethorpe Ave.

Anaheim, CA 92801
Attachment A
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EXHIBIT "A"

SCOPE OF SERVICES
Provide on-call HVAC Preventative Maintenance and Repair at City Facilities. The following services are specifically requested:

Task 1- Routine Inspections & Preventative Maintenance
• Quarterly Inspections: Perform inspections of HVAC systems, including air handlers, condensers, compressors, chillers, boilers, and control systems, on a quarterly basis.
• Visual Checks: Conduct visual checks for any signs of wear, damage, orleaks. • Operational Tests: Test the operation of HVAC systems to ensure they are functioning properly.

Task 2- Cleaning and Maintenance
• Filter Replacement: Replace air filters on a quarterly basis or as needed. • Coil Cleaning: Clean evaporator and condenser coils semi-annually to ensure efficient heat transfer.
• Duct Cleaning: Clean air ducts annually to remove dust, debris, and contaminants.
• Drain Line Maintenance: Inspect and clean drain lines annually to prevent clogs and water damage.

Task 3- Lubrication and Adjustments
• Lubrication: Lubricate moving parts semi-annually, such as motors and fans, to reduce wear and extend the life of the equipment.
• Belt Adjustments: Check and adjust belts semi-annually for proper tension and alignment.
• Thermostat Calibration: Calibrate thermostats annually to ensure accurate temperature control.

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Task 4- Testing and Calibration
• Refrigerant Levels: Check and adjust refrigerant levels semi-annually to maintain optimal systemperformance.
• System Calibration: Calibrate control systems and sensors semi- annually to ensure accurate operation.
• Safety Checks: Perform safety checks on all HVAC equipment annually to ensure compliance with safety standards.

Task 5- Minor Repairs and Replacements
• Component Replacement: Replace worn or damaged components, such as belts, filters, and fuses, as needed.
• Leak Repairs: Detect and repair minor refrigerant leaks to maintain system efficiency.

Task 6- Reporting and Documentation
• Maintenance Logs: Maintain detailed logs of all maintenance activities, including dates, tasks performed, and any issues identified. The log is to be retained at the City.
• Inspection Reports: Provide comprehensive inspection reports with recommendations for any necessary repairs or improvements.

Task 7- Preventative Maintenance
• Scheduled Inspections: Conduct regular inspections of HVAC systems, including air handlers, condensers, compressors, chillers, boilers, and control systems.
• Cleaning: Clean and replace filters, coils, and other components to ensure efficient operation.
• Lubrication: Lubricate moving parts to reduce wear and extend the life of the equipment.
• Testing and Calibration: Test and calibrate thermostats, sensors, and control systems to ensure accurate operation.
• Refrigerant Management: Check and manage refrigerant levels to prevent leaks and ensure optimal performance.

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• Documentation: Maintain detailed records of all maintenance activities, including dates, tasks performed, and any issues identified.

Task 8- Corrective Maintenance
• Diagnostic Services: Diagnose and troubleshoot issues with HVAC systems, including unusual noises, inefficient operation, and system failures. • Repairs: Perform necessary repairs to restore HVAC systems to proper working condition, including parts replacement and system adjustments. • Emergency Services: Provide 24/7 emergency repair services to address critical HVACfailures promptly.

SPECIAL REQUIREMENTS
A new Section 2.4 is added to the Agreement to read as follows:
“2.4 Prevailing Wages; Indemnification. Consultant and all subcontractors shall comply with the State Labor standards. State Labor standards provisions, including prevailing wage requirements, will be enforced such that the general rate of per diem wages (prevailing wage) shall be paid for each craft, classification, or type of worker needed to execute the contract to all workers employed in the execution of the contract for the work to be performed by South Coast Mechanical, LLC. The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations for Los Angeles County. (Refer to http://www.dir.ca.gov/OPRL/PWD/Determinations/Statewide/C-TT.pdf for additional information.) The prevailing rate of per diem wages are on file at the City of Lawndale Department of Public Works, 4722 Manhattan Beach Boulevard, Lawndale, California 90266, and are available to any interested party on request. The statutory provisions for penalties for failure to pay prevailing wages and/or failure to otherwise comply with state's wage and hour laws will be enforced. The Consultant is required to post at the job site the prevailing rate of per diem wages and other notices prescribed by regulation.

The Consultant and all subcontractors must submit electronic certified payroll records weekly directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) no less than monthly and must comply with all statutory requirements relating to certified copies of payroll records, including the maintenance of the records, their certification, and their availability for inspection as required by Labor Code Section 1776 and as required under Subsection 7-2.6 of said Standard Specifications for Public Works Construction.

Consultant shall indemnify, defend with legal counsel approved by the City, and hold the City and City’s Parties harmless from and against any all liability, loss, damage, costs, or expenses (including attorneys' fees and court costs) arising from or as a result of any action, claim, or determination relating in any way to the failure to properly pay of prevailing wages. Moreover, the City retains the right to settle or abandon any such the matter without the Consultant’s consent as to the City’s liabilities or rights only.”
• A new Section 5.1(e) is added to the Agreement to read as follows:
(e) Cyber Liability Insurance. The cyber liability insurance must include the following coverage:
• Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.

Attachment A
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• Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
• Liability arising from the failure of technology products (software) required under the Agreement for Contractor to properly perform the services intended. • Electronic media liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. • Liability arising from the failure to render professional services If coverage is maintained on a “claims-made” basis, Contractor must maintain such coverage for an additional period of three years following termination of the Agreement.

Attachment A
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EXHIBIT "C"

SCHEDULE OF COMPENSATION
Attachment A
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Attachment A
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Attachment A
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Attachment A
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EXHIBIT "D"

SCHEDULE OF PERFORMANCE
Not applicable

Attachment D
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City of Lawndale
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PROJECT NO. 2411-33
REQUEST FOR PROPOSALS (RFP) NO. 2411-33

ON-CALL HVAC PREVENTATIVE MAINTENANCE AND REPAIR AT CITY FACILITIES

IN THE CITY OF LAWNDALE, CALIFORNIA

CITY OF LAWNDALE
Department of Public Works
4722 Manhattan Beach Blvd.

Lawndale, CA 90260
(310) 973-3260
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City of Lawndale
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PROJECT NO. 2411-33
NOTICE:

RELEASE DATE: November 13, 2024
DUE DATE: December 4, 2024 @ 2:00 p.m. PST
Notice is hereby given that the Department of Public Works of the City of Lawndale will receive proposals for:

RFP# 2411-33, HVAC PREVENTATIVE MAINTENANCE AND REPAIR AT CITY FACILITIES Proposals must be submitted as one unbound hard copy and will be received until 2:00 p.m. PST, December 4, 2024. Proposals shall be submitted to:

City of Lawndale, City Hall
Office of the City Clerk
14717 Burin Avenue
Lawndale, CA 90260
Attn: Yvette Palomo
Email: [email protected]
CC: [email protected]
The scope of work consists of routine inspections and Preventative Maintenance, Cleaning and Maintenance, Lubrication and Adjustments, Testing and Calibration, Minor Repairs and Replacements, Reporting and Documentation, Preventative Maintenance, Corrective Maintenance, and Performance Optimization of HVAC systems at City locations.

Proposals will not be opened at that time but will be submitted to the Public Works Department for verification and compliance with specifications and subsequent recommendation to City Council for award of a contract or rejection of the responses, as deemed appropriate. The City reserves the right to make no award.

To request a copy of the RFP documents, or for any inquiries regarding this RFP please contact Nick Petrevski, Associate Engineer at [email protected]. All questions regarding the content of the RFP may be emailed to referenced above. 3 of 43
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Table of Contents
1 Introduction......................................................................................................................................... 4

1.1 Invitation for Proposals................................................................................................................. 4

1.2 RFP Timeline.................................................................................................................................. 4

1.3 Submittal Procedures................................................................................................................... 4

1.4 Contact......................................................................................................................................... 5

1.5 General RFP Conditions............................................................................................................... 5

2. Scope of Work.................................................................................................................................... 9

2.1 City Location and Characteristics.............................................................................................. 9

2.2 Project Goals .............................................................................................................................. 10

2.3 Relevant Plans, Policies, Programs, or Projects ........................................................................ 10

2.4 City Proposed Scope of Services.............................................................................................. 10

3. Proposal Submittal Instructions ....................................................................................................... 14

3.1 Proposal Format ......................................................................................................................... 14

3.1.1 Hard Copy Proposals........................................................................................................... 14

3.2 Proposal Content ....................................................................................................................... 14

3.2.1 Cover Letter ......................................................................................................................... 14

3.2.2 Firm Profile ............................................................................................................................ 15

3.2.3 Project Understanding and Approach to Scope of Work.................................................. 15

3.2.4 Project Management Plan ................................................................................................. 16

3.2.5 Experience and Qualifications........................................................................................... 16

3.2.6 Required Forms .................................................................................................................... 18

3.2.7 Fee Schedule ....................................................................................................................... 18

4. Proposal Evaluation and Selection................................................................................................. 19

4.1 Proposal Review Process ........................................................................................................... 19

4.2 Evaluation Criteria...................................................................................................................... 19

5. Contract Expectations..................................................................................................................... 21

5.1 Contract Period.......................................................................................................................... 21

5.2 Professional Services Agreement.............................................................................................. 21

5.3 Standards of Work........................................................................................................................... 21

5.4 Invoicing and Payment ............................................................................................................. 21

6. Attachments and Required Forms.................................................................................................. 22

6.1 Maps............................................................................................................................................ 22

6.1.1 City Map............................................................................................................................... 22

6.2 Sample Professional Services Agreement ................................................................................ 23

6.3 Required Forms........................................................................................................................... 40

6.3.1 Certification of Proposal ..................................................................................................... 40

6.3.2 Non-Collusion Affidavit........................................................................................................ 41

6.3.3 Compliance with Insurance Requirements....................................................................... 42

6.3.4 Acknowledgement of Professional Services Agreement................................................. 43 4 of 43
PROJECT NO. 2411-33 City of Lawndale
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1 Introduction

1.1 Invitation for Proposals
The City of Lawndale, Public Works Department is seeking a proposal from qualified individuals or firms to provide HVAC Preventative Maintenance and Repair at City Facilities. Proposer(s) must have the expertise, experience, and demonstrate resources available to perform the work described in the RFP.

Should an award be made, the selected Proposer(s) will enter into a professional services agreement with the City of Lawndale to provide these services.

1.2 RFP Timeline
RFP posted November 13, 2024
Deadline to submit written questions November 20, 2024
Posting of responses to questions November 27, 2024
Deadline to submit proposals December 4, 2024 – 2:00 PM PST Tentative award January 2025

1.3 Submittal Procedures
Proposers shall submit one unbound hard copy of your proposal and one hard copy of the cost proposal (fee schedule).

No proposals will be accepted after the listed date and time. The format, content, and procedures for submitting a proposal are provided in further detail within the RFP. (Check Section 3 for complete submittal procedures)
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1.4 Contact
Please direct any inquiries regarding this RFP to Nick Petrevski at [email protected] All questions regarding the content of the proposal shall be submitted via email to the address listed above. Responses to all questions will be sent via email to all requestors and posted on the City website.

1.5 General RFP Conditions
The following instructions and conditions apply to this RFP:

Pre-Contractual Expenses
The City of Lawndale shall not, in any event, be liable for any pre-contractual expenses incurred by any proposer. In addition, no proposer shall include any such expenses as part of the price proposed. Pre-contractual expenses are defined as expenses incurred by bidders in:
• Preparing a proposal in response to this RFP.
• Submitting that proposal to the City of Lawndale.
• Negotiating with the City of Lawndale any matter related to this RFP, proposal, and/or contractual agreement.
• Any other expenses incurred by the proposer prior to the date of an executed contract.

Authority to Withdraw RFP and/or Not Award Contract
The City of Lawndale reserves the right to withdraw this RFP at any time for any reason without prior notice. Further, the City makes no representations that any agreement will be awarded to any proposer responding to this RFP. The City expressly reserves the right to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s).

The release of this RFP does not obligate or compel the City to enter into a contract or agreement.

Authority to Revise RFP and Request Additional Information The City reserves the rights to amend the RFP at any time, to determine the successful respondent(s), and to reject any or all Proposals or their components. Should it be necessary for the City to issue addendums to this RFP during the proposal period, the City will notify the known holders of this RFP and post addendums to the city website. It is the responsibility of all prospective respondents to check the city website regularly to see whether any addenda or supplemental materials have been issued. Proposals shall acknowledge that the proposer is aware of all addendums which have been issued and has incorporated their provisions in their proposal by completing the Certification of Proposal Form.

The City reserves the right to request additional information or clarifications from proposers where it may serve the City’s best interest.
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Other Conditions
• ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the proposal and list them as additional services. • AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a proposer shall provide a current power of attorney certifying the agent’s authority to bind the proposer. • AWARD OF PROPOSAL. The City reserves the right to negotiate final terms with the selected proposer, if any. Award may be made to the proposer offering the most advantageous proposal after consideration of all criteria.
• COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto.
• CONFLICT OF INTEREST. By signing the Certification of Proposal, the proposer 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 this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
• DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the proposers, the City may refuse to consider proposals from participants in such collusion.

No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a proposer is interested. Proposers shall submit as part of their Proposal documents the completed Non-Collusion Affidavit.
• EXAMINATION OF DOCUMENTS. It is the responsibility of the proposer to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addendums (if any). Proposers shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the proposer to examine documents shall in no way relieve the proposer from any obligations with respect to the solicitation for and subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the proposer has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a proposer to receive or examine any of the documents shall in no way relieve the proposer from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document. • INTERPRETATION OF RFP DOCUMENTS. The City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of this RFP documents, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to 7 of 43
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the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. Proposers shall submit all questions to [email protected]. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each proposer to ensure the City has their correct business name, mailing address and e-mail address on file through the project manager, Nick Petrevski at [email protected]. Any prospective proposers who obtained a set of RFP documents from the city website are responsible for checking to verity if any subsequent Addendums were issued.
• IRREGULARITIES. The City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager. • NON-DISCRIMINATION. Proposer represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age or medical condition.
• NON-EXCLUSIVE. Should the City make an award, the successful proposer will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms.
• OFFERS OF MORE THAN ONE PRICE. Proposers are NOT allowed to submit more than one cost proposal.
• OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All bid proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposals should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within its bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. • PROFESSIONAL SERVICES AGREEMENT. Prior to awarding any work, the selected Proposer will be required to execute a professional services agreement (sample attached) with the City. Any proposed change to the agreement shall be identified in the response to the Request for Qualifications (RFP) and shall be subject to the sole approval of the City. The City requires the Proposer to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement.
• NO PUBLIC PROPOSAL OPENING/PUBLIC RECORDS ACT. Bid proposals shall be opened and its contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing proposers. Adequate precautions shall be taken to treat each proposer fairly and to insure that information gleaned from competing proposals is not disclosed to other Proposers. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority.
• PUBLIC RECORD. All proposals submitted in response to this RFP will become the property of the City upon submittal and a matter of public record when the City selects a proposer for recommendation to the City Council for its consideration pursuant to applicable law. 8 of 43
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• REPRESENTATIONS. Proposer understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal. • SEVERABILITY. If any provisions or portion of any provision, of this Request for Proposals are held invalid, illegal or unenforceable, they shall be severed from the Request for Proposals and the remaining provisions shall be valid and enforceable. • SUBCONTRACTOR INFORMATION. If the proposal includes the use of sub-contractors, the proposer must identify specific sub-contractors and the specific requirements of this RFP for which each proposed sub-contractor would perform services. All sub-contractors for work services must follow all required provisions of the prime contract. • VALIDITY. Proposal must be valid for a period of 90 days from the due date. • WITHDRAWAL OF PROPOSAL. Proposers’ authorized representative may withdraw Proposals only by written request received by this RFP contact personal before the Proposal Submittal Deadline.
• BUSINESS LICENSE. The selected firm(s) must obtain a City of Lawndale Business license and maintain a current certificate of insurance with the City for the duration of the Professional Service Agreement.

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2. Scope of Work

2.1 City Location and Characteristics
The City of Lawndale is located approximately 4.2 miles east of the Pacific Ocean within Los Angeles County in what is commonly referred to locally as the “Heart of the South Bay” area. The City is bounded on the north by the City of Hawthorne, on the south by the City of Torrance, on the east by the City of Gardena, and on the west by the City of Redondo Beach. The city limits for Lawndale encompass a relatively small land area, approximately 2.0 square miles. Elevations in the City average approximately 59 feet in elevation.

Governed by a five-member City Council with members elected at large, Lawndale operates under the council/city manager form of government as a general law city. Like the community, the Council is informed, educated, and engaged. The programs and services provided by the City are accomplished through ten City departments: Administrative Services, City Clerk, City Manager, Community Development, Community Services, Finance, Municipal Services, Public Works, Sheriff’s Department, and L.A. County Fire.

The City maintains HVAC equipment at various locations within Lawndale. Below is a list of locations that would require HVAC maintenance and repair:

1. City Hall 14717 Burin Ave.

2. Municipal Services/Cable TV 14616 Grevillea Ave.

3. Community Center 14700 Burin Ave.

4. Public Works 4722 Manhattan Beach Blvd.

5. William Green Park 4558 W. 168th St.

6. Hogan Park 16605-16699 Osage Ave.

The City uses Continuum as its program for controls in the Community Center. Metasys is the program used for City Hall and Municipal Services/Cable TV. Public Works, William Green Park, and Hogan Park are controlled by thermostat. Below is the HVAC equipment list for each facility.

Area Serves Unit Make Model # Serial #
City Hall York YCAL0033EE17 11531D53620281
Municipal Services/Cable TV York YCAL0033EE46 11531D53620280 Community Center McQuay RDT110DLY FBOU11040136700
Public Works (Bldg 1) York D7NX024D05606NXYA W1A5437059 Public Works (Bldg 2) Carrier 50SZ-030---301 3407G31047 William Green Park Carrier 50SZ-048---501 3208G21368
Hogan Park Fujitsu AOU18RLFC LPN006313
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2.2 Project Goals
• Enhance System Efficiency: Regular maintenance should aim to optimize system performance, reducing energy consumption and lowering utility bills. • Extend Equipment Lifespan: Regular inspections and maintenance can significantly prolong the life of HVAC systems, reducing the need for premature replacements. • Minimize Breakdowns: Proactive maintenance helps identify and address potential issues before they lead to system failures, ensuring continuous operation. • Improve Indoor Air Quality: Regular cleaning and filter replacements help maintain better air quality, contributing to the health and comfort of occupants. • Reduce Repair Costs: By catching issues early, preventative maintenance can lower the overall cost of repairs and avoid expensive emergency service calls. • Increase Comfort Levels: A well-maintained system operates more effectively, providing consistent temperature and humidity levels for occupant comfort. • Develop a Maintenance Schedule: Create and follow a regular maintenance schedule to ensure that all necessary tasks are completed timely.
• Document Maintenance Activities: Keeping detailed records of maintenance activities can help track performance trends and inform future maintenance needs.

2.3 Relevant Plans, Policies, Programs, or Projects
Proposers should review and consider the work already completed or underway in the development of approach, budget, and schedule. The following links are provided for your convenience:
• NONE APPLICABLE

2.4 City Proposed Scope of Services
The Scope of Work shall include, but not limited to the following tasks:

Task 1- Routine Inspections & Preventative Maintenance
• Quarterly Inspections: Perform inspections of HVAC systems, including air handlers, condensers, compressors, chillers, boilers, and control systems, on a quarterly basis. • Visual Checks: Conduct visual checks for any signs of wear, damage, or leaks. • Operational Tests: Test the operation of HVAC systems to ensure they are functioning properly.

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Task 2- Cleaning and Maintenance
• Filter Replacement: Replace air filters on a quarterly basis or as needed. • Coil Cleaning: Clean evaporator and condenser coils semi-annually to ensure efficient heat transfer.
• Duct Cleaning: Clean air ducts annually to remove dust, debris, and contaminants. • Drain Line Maintenance: Inspect and clean drain lines annually to prevent clogs and water damage.

Task 3- Lubrication and Adjustments
• Lubrication: Lubricate moving parts semi-annually, such as motors and fans, to reduce wear and extend the life of the equipment.
• Belt Adjustments: Check and adjust belts semi-annually for proper tension and alignment. • Thermostat Calibration: Calibrate thermostats annually to ensure accurate temperature control.

Task 4- Testing and Calibration
• Refrigerant Levels: Check and adjust refrigerant levels semi-annually to maintain optimal systemperformance.
• System Calibration: Calibrate control systems and sensors semi- annually to ensure accurate operation.
• Safety Checks: Perform safety checks on all HVAC equipment annually to ensure compliance withsafety standards.

Task 6- Reporting and Documentation
• Maintenance Logs: Maintain detailed logs of all maintenance activities, including dates, tasks performed, and any issues identified. The log is to be retained at the City. • Inspection Reports: Provide comprehensive inspection reports with recommendations for any PROJECT NO. 2411-33 City of Lawndale
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necessary repairs or improvements.

Task 7- Preventative Maintenance
• Scheduled Inspections: Conduct regular inspections of HVAC systems, including air handlers, condensers, compressors, chillers, boilers, and control systems. • Cleaning: Clean and replace filters, coils, and other components to ensure efficient operation.
• Lubrication: Lubricate moving parts to reduce wear and extend the life of the equipment. • Testing and Calibration: Test and calibrate thermostats, sensors, and control systems to ensure accurate operation.
• Refrigerant Management: Check and manage refrigerant levels to prevent leaks and ensure optimal performance.
• Documentation: Maintain detailed records of all maintenance activities, including dates, tasks performed, and any issues identified.

Task 8- Corrective Maintenance
• Diagnostic Services: Diagnose and troubleshoot issues with HVAC systems, includingunusual noises, inefficient operation, and system failures.
• Repairs: Perform necessary repairs to restore HVAC systems to proper working condition, including parts replacement and system adjustments.
• Emergency Services: Provide 24/7 emergency repair services to address critical HVAC failures promptly.

Task 9- Performance Optimization
• Energy Efficiency Audits: Conduct periodic audits semi-annually to assess and improve the energy efficiency of HVAC systems.
• System Upgrades: Recommend and implement upgrades semi-annually to HVAC systems to enhance performance and efficiency
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Workmanship, Supervision, Administration
• A skilled and experienced supervisor is required to ensure adherence to workmanship standards.
• All materials must be new, high-grade, and defect-free. • Workmanship must meet the highest industry standards. • Both materials and workmanship are subject to inspection and approval by the project administrator.
• Competent and experienced workers must perform their work. • Personnel must wear identification badges or patches, and those near traffic lanes must wear safety vests.
• The contractor must designate a Project Manager as the primary contact throughout the project.
• The Project Manager must have the authority to resolve contract disputes and be experienced in supervising the requested services.

Safety, Compliance, and Permit Requirements
• All work must comply with CAL OSHA, City of Lawndale, ANSI, and ASTM regulations. • The City can issue restraint or cease-and-desist orders for unsafe acts. • Work sites must be free of hazards; hazardous conditions not caused by the contractor must be reported to the City.
• Safety Data Sheets (SDS) must be available on site.
• The contractor is responsible for obtaining all necessary permits and scheduling inspections. • Materials must be free of asbestos, lead-based paint, or other hazardous materials. • The contractor must maintain the required training for handling hazardous materials.

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3. Proposal Submittal Instructions

3.1 Proposal Format
Proposals must be submitted as one unbound hard copy.

3.1.1 Proposal Submittals
Proposers shall submit one unbound hard copy of the proposal and one copy of the cost proposal (fee schedule), clearly marked “Cost Proposal” and submitted to:

City of Lawndale, City Hall
Office of the City Clerk
14717 Burin Avenue
Lawndale, CA 90260
Attn: Yvette Palomo
All pages should be numbered and identified sequentially by section. Proposals shall be no more than 50 total pages (25 double-sided pieces of paper) inclusive of the cover letter and all required forms.

3.2 Proposal Content
Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals should include the sections as described in greater detail below.

Do NOT include marketing brochures or other promotional material not connected with this RFP.

3.2.1 Cover Letter
Proposals must be accompanied by a short cover letter, signed by an individual authorized to bind the proposing entity to all commitments made in the submittal. An unsigned statement of qualifications is grounds for rejection. The cover letter should include:
• Brief introduction of the firm (or team of firms);
• Contact information for the person authorized to enter into an agreement with the City; • Contact information for the contract manager that will serve as the day-to-day contact with the City. For this contract, the City will expect a dedicated point person to manage all task orders; serve as the conduit of information between any task-specific project managers and subcontractors; and ensure overall quality and responsiveness. • Concise statement of understanding of the scope of work; and • Acknowledgement of receipt of any addendums that were issued for this RFP.

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3.2.2 Firm Profile
Proposers should provide a brief profile of the prime proposer and any sub-contractors, if any.

Information should include, but is not limited to the following information:
• Proposer’s official name and address.
• Name, address, email, and telephone number of the proposer’s primary point of contact.
• Type of business entity of proposer (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if the entity is a joint venture. • Federal Employer I.D. Number.
• Indication whether firm is totally or partially owned by another business organization (parent company) or individual.
• Number of years proposer has been in business under the present business name. • Number of years of experience the proposer has had in providing required, equivalent, or related services.
• Any failures or refusals to complete a contract, and explanation.

3.2.3 Project Understanding and Approach to Scope of Work Proposers should include in this section a statement of project understanding, organizational chart, approach to work program and summary of deliverables, described in greater detail below.

Statement of Project Understanding
Proposer must include in this section its understanding of the project and understanding of the Scope of Services noted herein. Proposer should be able to articulate a thorough understanding of the State, County and Local requirements, and other industry standards applicable to the project or services to be provided.

Organizational Chart
Proposer shall include an organizational chart that reflects key staff and roles/responsibilities of each individual assigned to provide services under this Proposal. Any roles or topics in which the proposer anticipates utilizing the expertise of subcontractors should be clearly identified.

Approach to Work Program (Required and Optional Tasks)
The City is seeking an effective, efficient and creative approach to preparing work products and meeting the City’s goals and timelines. In this section, proposers should include their recommended approach to providing the requested professional services and tasks noted in the Scope of Services in the RFP. The approach to the work plan shall be of such detail to demonstrate the proposer’s ability to accomplish project objectives. This section should also PROJECT NO. 2411-33 City of Lawndale
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include proposed approaches and techniques to engagement of community and stakeholders in the process of developing projects.

The proposer’s approach should provide detail on both the required and optional tasks identified in the scope of work, as well as any additional tasks or services performed by the proposer.

Additional Services
Proposer shall provide the City with any additional services that the firm can provide. Proposer may additionally itemize those services which are further beneficial but are not noted in the aforementioned paragraphs as requirements.

Roles and Responsibilities for City Staff

3.2.4 Project Management Plan
Key to a creative, effective, and efficient delivery of projects is close coordination and communication between the City, community, and the selected proposer. In this section, proposers should provide information on scheduling, and describe the firm or project manager’s approach to communications and quality assurance/quality control.

Quality Assurance/Quality Control Approach
Describe the firm’s QA/QC processes that will be adhered to during the term of the agreement.

Describe the Proposer’s method of ensuring that the assigned personnel’s quality of work is high.

3.2.5 Experience and Qualifications
Proposers should include in this section a summary of relevant projects, contact information for references, and information about the experience, qualifications, and availability of key personnel, described in greater detail below.

Summary of Relevant Projects
Proposers should highlight representative projects that are similar in scope to the services requested to demonstrate the firm’s depth of experience and familiarity with similar projects. For each project, please include the following information, at a minimum:
• Year started and completed (if relevant)
• Contracting Agency + Department
• Project Description
• Key Personnel Assigned
• Contract Value
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References
Proposer must provide at least three (3) references for which proposer has provided on-call services similar in scope as set forth in the RFP within the last five (5) years. Reference information should include:
• Name of public agency
• Name of agency project manager
• Email address and telephone number of contact person
• Description of project or services provided
• Amount of on-call contract
Experience and Qualifications of Key Personnel
The proposer shall provide resumes indicating the experience and qualifications for the key personnel identified in the organization chart. Proposer shall also include the number and type of additional support personnel who will be providing services. At a minimum, the resume for each team member should include:
• Name
• Position and Role for This Project
• Degrees and Certifications
• Professional Memberships/Registrations
• Summary of Experience
• Work on Representative Project Similar in Scope
If sub-contractors are to be used as part of this proposal, a resume of the sub-contractor and relevant experience is to be included in the same format.

Assignment of Key Personnel
It is the City’s preference to have the key personnel identified in the Organizational Chart remain with the individual project during its duration. In this section, please indicate the availability of key personnel to pursue completion of projects.

After contract execution the Proposer should not substitute key personnel (project manager and others listed by name in the proposal) or sub-contractors without prior written approval from the local agency. The proposer must request and justify the need for the substitution and obtain approval from the agency prior to use of a different sub-contractor on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost for geotechnical types of proposer contracts, the Proposer’s project manager shall have all the necessary credentials to qualify him/her as a project manager for this project.

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In the event there are proposed changes in key personnel, including sub-contractors, during the term of the agreement that are outside of the consulting firm’s control, the proposer shall prepare a transition plan that is presented to the City’s project manager for review.

3.2.6 Required Forms
Proposer shall review, acknowledge and submit the following forms:
• Certification of Proposal. Proposer is required to sign and submit the Certification of Proposal including acknowledgement that they have received and considered any addendums issued by the City of Lawndale in connection with this RFP. (See section

6.3.1)
• Non-Collusion Affidavit. Proposer is required to sign and submit the Non-Collusion Affidavit. (See section 6.3.2)
• Compliance with Insurance Requirements. Proposer shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement. (See section 6.3.3) • Acknowledgement of Professional Services Agreement. Proposer shall demonstrate willingness and ability to comply with the City’s Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement. (See section 6.3.4)

3.2.7 Fee Schedule
Fee schedule shall be submitted along with proposal via hard copy to the City Clerk’s office, labeled “Fee Schedule” and indicate the firm’s name.

Proposer should provide the fee schedule for the duration of the agreement to successfully fulfill the Scope of Work detailed in this RFP. Required and optional tasks should be consistent with the tasks listed in the Scope of Services and be clearly marked in the fee schedule to facilitate consistent comparison of costs between proposals. The Fee Schedule should identify project team members, and hourly billing rates.

The method of payment shall be primarily at Specified Rates of Compensation but may include Cost per Unit of Work. The proposal should include hourly rates for all types of personnel required to perform the services described in this RFP.

Other direct costs, intended to be charged to the City, need to be stated. No mark-ups will be allowed for other direct costs.

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4. Proposal Evaluation and Selection

4.1 Proposal Review Process
The City will evaluate all proposals received in accordance with the evaluation criteria. The City shall not be obligated to accept the lowest priced fee schedule, but the City may make award(s) in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer.

Evaluation scores will not be released until after award of proposal, if one is made.

Following the review of RFPs by the City’s team, the City may invite short-listed proposers to be interviewed by a panel of City staff, which may include non-city personnel at the City’s discretion.

Discussions may, at the City's option, be conducted with the most qualified Proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers.

The City will verify references of short-listed proposers, which may include persons not listed as references, and this will help inform the City’s decisions. The City will select a proposer to negotiate for the performance of work. In negotiating the contract the City may request modifications to the proposed scope or to the technical team or other elements of the proposal. If negotiations fail, the City will commence negotiations with the next qualified candidate. Work will promptly commence following contract award and satisfaction of contract requirements.

4.2 Evaluation Criteria
Evaluation criteria will typically include RFP understanding, demonstrated expertise, relevant experience, availability of the firm’s team, and other factors. Task orders resulting from this contract will be negotiated and executed between the City and the selected firm.

Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of Lawndale will use the following criteria in its evaluation of proposals, interviews may be required with selected proposers, or verification of references. The categories will be weighted approximately as follows.

Approach and Methods (35%):
• A well thought-out and tailored approach to the technical work that responds to the City’s particular issues and needs.
• Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities.

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• Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management project management plan.

Relevant Experience & Expertise (40%):
• Recent experience preparing similar projects or providing similar services for jurisdictions. • Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements.
• The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project • The team’s experience and ability to clearly communicate technical concepts and terminology with the city team.

Timeframe and Costs (15%):
• Display of responsive timeframe to assign tasks.
• Evidence of the team’s ability to successfully respond to emergencies when called upon.

Administration (10%):
• Ability to comply with the timeline terms, and billing procedures. • The extent and nature of any proposed amendments to the City’s Professional Services Agreement.

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5. Contract Expectations

5.1 Contract Period
The City anticipates the contract term would begin around January, 2025. The contract will be for a one-year period of time with an option to extend up to four one-year extensions.

5.2 Professional Services Agreement
The selected proposer will be expected to comply with and sign the City’s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City’s Professional Services Agreement.

5.3 Standards of Work
In case of conflicts, ambiguities, discrepancies, errors, or omissions, Proposer shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Proposer prior to clarification by City shall be at Proposer's risk and expense.

5.4 Invoicing and Payment
Each invoice shall contain a progress report describing the work completed during the billing period and shall also include cost information by task regarding: previous work billed to date, work billed during the reporting period, percent of task completed and amount remaining by task.

Invoices are to be submitted monthly. The invoices shall reference the project title, and list charges by task, worker classification, hours, billing rate, and totals.

Each invoice shall contain a progress report describing the work completed during the billing period and the following summary information:

Contract
Amount
Total Prior
Contract Billings
Contract Work
Performed this
Period
Total Contract
Amount Performed
To Date
Contract Percent
Complete
Total Amount
Remaining for the
Contract
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6. Attachments and Required Forms

6.1 Maps

6.1.1 City Map
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6.2 Sample Professional Services Agreement

CITY OF LAWNDALE

CONTRACT SERVICES AGREEMENT FOR
[REPLACE THIS LINE WITH DESCRIPTION OF SERVICES]
This Contract Services Agreement (“Agreement”) is made and entered into this ____ day of __________, 20__, by and between the City of Lawndale, a municipal corporation (“City”), and ____________________________ (“Contractor”). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows:

1.0 SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide the work and services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference. Contractor warrants that all work or services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.

1.2 Contractor’s Proposal. The Scope of Services shall include the Contractor’s proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, taxes, including applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement; and shall indemnify, defend and hold harmless City against any claim for such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the work and services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.

No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or PROJECT NO. 2411-33 City of Lawndale
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(ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.

1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

1.8 Environmental Laws. Contractor shall comply with all applicable environmental laws, ordinances, codes and regulations of Federal, State, and local governments. Contractor shall also comply with all applicable mandatory standards and policies relating to energy efficiency.

2.0 COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of ________________________________ dollars ($_____________) (“Contract Sum”), except as provided in Section 1.6. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures approved by the Contract Officer in advance if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1st) working day of such month, Contractor shall submit to the City, in a form PROJECT NO. 2411-33 City of Lawndale
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approved by the City’s Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.2, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and no later than forty-five (45) days, from the submission of an invoice in an approved form. City will review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with this Agreement. If no charges or expenses are disputed, the invoice will be approved and paid. In the event any charges or expenses are disputed by City, the invoice will be returned by City to Contractor for correction and resubmission. City reserves the right to withhold future payment to Contractor if any aspect of the Contractor’s work is found substantially inadequate.

3.0 PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D”, if any, and incorporated herein by this reference.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if, in the judgment of the Contract Officer, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused; Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Section 7.4 below, this Agreement shall continue in full force and effect until completion of the services no later than _____________________.

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4.0 COORDINATION OF WORK

4.1 Representative of Contractor. _____________ is hereby designated as being the representative of Contractor authorized to act on its behalf with respect to the work or services specified herein and to make all decisions in connection therewith.

It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may his responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Contract Officer. The City’s City Manager is hereby designated as the representative of the City authorized to act in its behalf with respect to the work and services and to make all decisions in connection therewith (“Contract Officer”). It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. The City may designate another Contract Officer by providing written notice to Contractor.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred or assigned without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor taking all transfers into account on a cumulative basis. A prohibited transfer or assignment shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner or means by which Contractor or its employees, perform the services required herein, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Contractor as employees. Contractor shall not at any time or in any manner represent that it or any of its employees are employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. In the event that Contractor or any employee of Contractor providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent PROJECT NO. 2411-33 City of Lawndale
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contractor for the City, then Contractor shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Contractor or any staff used to provide services under this Agreement are employees of the City.

5.0 INSURANCE AND INDEMNIFICATION

5.1 Insurance. Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000.00 per occurrence for all covered losses and no less than $2,000,000.00 general aggregate.
(b) Workers’ Compensation Insurance. A policy of workers’ compensation insurance on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000.00 per accident for all covered losses. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than $_________ per accident, combined single limit. Said policy shall include coverage for owned, non owned, leased and hired cars.
(d) Professional Liability or Error and Omissions Insurance. A policy of _____________ insurance in an amount not less than $_________ per claim with respect to loss arising from the actions of Contractor performing professional services hereunder on behalf of the City. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

All of the above policies of insurance shall be primary insurance. The general liability policy shall name the City, its officers, employees and agents (“City Parties”) as additional insureds and shall waive all rights of subrogation and contribution it may have against the City and the City’s Parties and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall also provide that said insurance may be not cancelled without providing ten (10) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled or amended, Contractor shall, prior to the cancellation or amendment date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until Contractor has provided City with PROJECT NO. 2411-33 City of Lawndale
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Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City.

Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible. If the Contractor’s insurance policies have higher limits and coverage than those required by this contract, the City will have access to those higher limits and coverage maintained by the Contractor.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide or The Key Rating Guide, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances.

In the event that the Contractor is authorized to subcontract any portion of the work or services provided pursuant to this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.

5.2 Indemnification.
(a) Indemnity for Design Professional Liability. When the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, and except for the statutory limits set forth under California Civil Code Section 2782.8 applicable to services provided by a “design professional”, Contractor shall indemnify, defend and hold harmless City and the City’s Parties from and against any and all losses, liabilities, damages, costs and expenses, including attorneys’ fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, employees of subcontractors (or any entity or individual for which Contractor shall bear legal liability) in the performance of professional services under this Agreement. (b) Indemnity for Other Than Design Professional Liability. Other than in the performance of design professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City and City’s Parties from and against any liability (including liability for claims, suits, actions, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, defense costs and expert witness fees), 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, employees, or subcontractors of Contractor.

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6.0 RECORDS AND REPORTS

6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.

6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of such documents and materials.

Contractor may retain copies of such documents for its own use and Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Except as necessary for the performance of services under this Agreement, no documents prepared under this Agreement may be released by Contractor to any other person or entity without City’s prior written approval.

Contractor, its officers, employees, or agents, may not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the services performed under this Agreement. Response to a subpoena or court order will not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. If Contractor, or any officer, employee, or agent of Contractor, provides any information or work product in violation of this Agreement, then City will have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.

Contractor must promptly notify City should Contractor, its officers, employees, or agents be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from PROJECT NO. 2411-33 City of Lawndale
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any party regarding this Agreement and the services performed under this Agreement. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor.

7.0 ENFORCEMENT OF AGREEMENT

7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor agrees to submit to the personal jurisdiction of such court in the event of such action.

7.2 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.3 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.

A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.4 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to the other party.

Upon receipt of any notice of termination, Contractor shall immediately cease all work or services hereunder except such as may be specifically approved by the Contract Officer.

Contractor shall be entitled to compensation for the reasonable value of the work product actually produced prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of PROJECT NO. 2411-33 City of Lawndale
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Compensation and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered.

7.5 Completion of Work After Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.6 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorneys’ fees, whether or not the matter proceeds to judgment, and to all other reasonable costs for investigating such action, taking depositions and discovery, including all other necessary costs the court allows which are incurred in such litigation.

8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Conflict of Interest; Contractor. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contractor shall comply with all conflict of interest laws and regulations including, without limitation, City’s Conflict of Interest Code which is on file in the City Clerk’s office.

Accordingly, should the City Manager determine that Contractor will be performing a specialized or general service for the City and there is substantial likelihood that the Contractor’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision, the Contractor and its officers or employees, as applicable, shall be subject to the City’s Conflict of Interest Code.

8.4 Covenant Against Discrimination. Contractor covenants that, by and for itself, its executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, PROJECT NO. 2411-33 City of Lawndale
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color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.

9.0 MISCELLANEOUS PROVISIONS

9.1 Notice. Any notice or other communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, City of Lawndale, 14717 Burin Avenue, Lawndale, California 90260, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.6 Counterparts. This Agreement may be executed in several counterparts, each of which will constitute one and the same instrument and will become binding upon the parties when at least one copy has been signed by both parties. This Agreement and any PROJECT NO. 2411-33 City of Lawndale
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amendment will be considered executed when the signature page of a party is delivered by facsimile or other electronic transmission. Such electronic signatures will have the same effect as an original signature, provided that a wet signature copy is also mailed to the other party.

9.7 Modification of Agreement. No amendment to or modification of this Agreement will be valid unless made in writing and approved by Proposer and by the City Council or City Manager, as applicable. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CITY:

CITY OF LAWNDALE,
a municipal corporation
By: ________________________________
Robert Pullen-Miles, Mayor
ATTEST:
________________________________
Erica Harbison, City Clerk
APPROVED AS TO FORM:

Burke Williams & Sorensen, LLP
________________________________
Gregory M. Murphy, City Attorney
CONTRACTOR:
[insert company name here]
a [California corporation]
By: ________________________________
Name: [insert name here]
Title: [insert title]
By: ________________________________
Name: [insert name here]
Title: [insert title]
Address: [insert address]
[insert address]
[insert address]
[insert address]
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EXHIBIT “A”

SCOPE OF SERVICES
[INSERT TEXT HERE]
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EXHIBIT “B”

SPECIAL REQUIREMENTS
[Delete when not applicable.]
• A new Section 2.4 is added to the Agreement to read as follows:
“2.4 Prevailing Wages; Indemnification. Contractor and all subcontractors shall comply with the State Labor standards. State Labor standards provisions, including prevailing wage requirements, will be enforced such that the general rate of per diem wages (prevailing wage) shall be paid for each craft, classification, or type of worker needed to execute the contract to all workers employed in the execution of the contract for the work to be performed by _____________. The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations for Los Angeles County. (Refer to http://www.dir.ca.gov/OPRL/PWD/Determinations/Statewide/C-TT.pdf for additional information.) The prevailing rate of per diem wages are on file at the City of Lawndale Department of Public Works, 4722 Manhattan Beach Boulevard, Lawndale, California 90266, and are available to any interested party on request. The statutory provisions for penalties for failure to pay prevailing wages and/or failure to otherwise comply with state's wage and hour laws will be enforced. The Contractor is required to post at the job site the prevailing rate of per diem wages and other notices prescribed by regulation.

The Contractors and all subcontractors must submit electronic certified payroll records weekly directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) no less than monthly and must comply with all statutory requirements relating to certified copies of payroll records, including the maintenance of the records, their certification, and their availability for inspection as required by Labor Code Section 1776 and as required under Subsection 7-2.6 of said Standard Specifications for Public Works Construction.

Contractor shall indemnify, defend with legal counsel approved by the City, and hold the City and City’s Parties harmless from and against any all liability, loss, damage, costs, or expenses (including attorneys' fees and court costs) arising from or as a result of any action, claim, or determination relating in any way to the failure to properly pay of prevailing wages. Moreover, the City retains the right to settle or abandon any such the matter without the Contractor’s consent as to the City’s liabilities or rights only.” • A new Section 5.1(e) is added to the Agreement to read as follows:

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(e) Cyber Liability Insurance. The cyber liability insurance must include the following coverage:
• Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.
• Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
• Liability arising from the failure of technology products (software) required under the Agreement for Contractor to properly perform the services intended. • Electronic media liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights. • Liability arising from the failure to render professional services • If coverage is maintained on a “claims-made” basis, Cont must maintain such coverage for an additional period of three years following termination of the Agreement.

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EXHIBIT “C”

SCHEDULE OF COMPENSATION
[INSERT TEXT HERE]
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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
[INSERT TEXT HERE]
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6.3 Required Forms

6.3.1 Certification of Proposal
RFP #:

The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP).

1. Proposer 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 this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.

2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.

3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.

4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal

6. The proposal shall be valid for 90 days from the date of submittal.

7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued:

Addendum:

8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal.

Signature of Authorized Representative:

Printed Name and Title:

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6.3.2 Non-Collusion Affidavit
RFP #:

The undersigned declares states and certifies that:

1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.

2. This proposal is genuine and not collusive or sham.

3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP.

4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Lawndale or of anyone interested in the proposed contract.

5. All statements contained in the Proposal and related documents are true.

6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal.

7. I have not entered into any arrangement or agreement with any City of Lawndale public officer in connection with this proposal.

8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

Signature of Authorized Representative:

Printed Name and Title:

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6.3.3 Compliance with Insurance Requirements
RFP #:

The selected proposer will be expected to comply with the City’s insurance requirements contained within this RFP.

The undersigned declares states and certifies that:

1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal.

2. If selected, proposer agrees to accept all conditions and requirements as contained therein.

Signature of Authorized Representative:

Printed Name and Title:

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6.3.4 Acknowledgement of Professional Services Agreement RFP #:

The selected proposer will be expected to comply with and sign the City’s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City’s Professional Services Agreement.

1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.

2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:

Signature of Authorized Representative:

Printed Name and Title:

CITY OF LAWNDALE
14717 BURIN AVENUE, LAWNDALE, CALIFORNIA 90260
PHONE (310) 973-3200 ♦ www.lawndalecity.org
DATE: January 21, 2025
TO: Honorable Mayor and City Council
FROM: Sean M. Moore, City Manager
PREPARED BY: Raylette Felton, Deputy City Manager/Director of Human Resources SUBJECT: Discussion of City Clerk Compensation

BACKGROUND
At the December 2, 2024, City Council meeting, Mayor Pro Tem Pat Kearney requested that staff bring forward an item regarding the elected City Clerk's compensation for City Council's review and discussion.

STAFF REVIEW
Government Code section 36517 addresses the compensation of city clerk for a general law city to receive compensation at set times, as determined by an ordinance or resolution. The Lawndale Municipal Code Section 2.16.010 sets the current City Clerk’s compensation at $350 per month. The City Clerk’s compensation was last reviewed and adjusted by City Council on September 17, 2007, by ordinance and increased from $250 per month to its current rate of $350 per month.

In October 2023, Lawndale City Council approved and adopted Ordinance No. 1204-23, amending the municipal code to adjust the City Council compensation from $450 per month to $950 per month, which went into effect in January 2025 in accordance with Senate Bill 329. Prior to this most recent adjustment, City Council’s compensation had not been reviewed since May 2007.

Compensation information was obtained from three local cities: Hawthorne ($833.33), El Segundo ($3,375), and Gardena ($1,000). Staff also reviewed the Government Code and found that there are no specific requirements or provisions for providing compensation adjustments for the City Clerk as there are for City Council. Should City Council consider increasing the City Clerk’s compensation, an ordinance must be adopted in compliance with the Government Code, which will take effect 30 days after the second reading of the ordinance. It is important to note that should the City of Lawndale decide to pursue an adjustment for the City Clerk position, the amount should not be more than the City Council compensation, or lower than the current monthly rate of pay.

LEGAL REVIEW
The City Attorney has reviewed this report.

FISCAL IMPACT
The salary for the City Clerk is currently budgeted at $4,200 per fiscal year. If the compensation is increased an amendment to the current Fiscal Year 2024-25 budget will be necessary.

RECOMMENDATION
Staff recommends that the City Council 1) review and discuss the City Clerk compensation; 2) provide direction to the City Manager and staff to prepare an amendment to the Lawndale Municipal Code to provide an adjustment to the City Clerk compensation; or 3) provide other direction to the City Manager and staff.

CITY OF LAWNDALE
14717 BURIN AVENUE, LAWNDALE, CALIFORNIA 90260
PHONE (310) 973-3200 ♦ www.lawndalecity.org
DATE: January 21, 2025
TO: Honorable Mayor and City Council
FROM: Sean M. Moore, City Manager
PREPARED BY: Vanesa Alvarez, Administrative Assistant
SUBJECT: Report of Attendance at Meetings
No supporting documentation was forwarded to the City Clerk Department for this item.

CITY OF LAWNDALE
14717 BURIN AVENUE, LAWNDALE, CALIFORNIA 90260
PHONE (310) 973-3200 ♦ www.lawndalecity.org
DATE: January 21, 2025
TO: Honorable Mayor and City Council
FROM: Sean M. Moore, City Manager
PREPARED BY: Yvette Palomo, Assistant City Clerk
SUBJECT: Conference with Legal Counsel – Existing Litigation

BACKGROUND
The City Council will conduct a closed session, pursuant to Government Code section 54956.9(d)(1), to discuss existing litigation: Name of Case: City of Lawndale v. LA Investment, LLC (LA Superior Court Case No. 20TRCV00065).

Vanesa Alvarez, Administrative Assistant
Yvette Palomo, Assistant City Clerk
SUBJECT: Conference with Legal Counsel – Anticipated Litigation

BACKGROUND
The City Council will conduct a closed session pursuant to Government Code section 54956.9(d)(4), to discuss the potential initiation of litigation: one (1) case.

Lawndale City CouncilJanuary 21, 2025

Lawndale City Council
January 21, 2025