CITY OF LOS ALAMITOS
Council Chamber
3191 Katella Ave., Los Alamitos CA 90720
CITY COUNCIL AGENDA
REGULAR MEETING
Monday, August 15, 2022 – 5:30 PM
SAFETY ALERT – NOTICE REGARDING COVID-19
If you wish to attend the City Council meeting in person, the Council Chamber located at 3191 Katella Ave., Los Alamitos, California 90720, will have seating for this meeting and the public shall have the right to observe and offer public comment at this location. The City of Los Alamitos continues to follow the Centers for Disease Control and Prevention (CDC) guidelines and these provisions are subject change with short notice.
While you may attend this meeting in person, given the health risks associated with COVID-19, please be advised that you may submit comments on any agenda item or on any item not on the agenda by email to [email protected] with the subject line “PUBLIC COMMENT”. Comments received by 3:00 p.m. will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read email comments at the meeting but the official record will include all email comments received until the close of the meeting. You may also view the meeting live on local cable channel 3.
Please consider carefully before attending this meeting in person and do not attend this meeting in person if you have had direct contact with someone who has tested positive for Coronavirus (COVID19), or you are experiencing symptoms such as coughing, sneezing, fever, difficulty breathing or other flu-like symptoms.
NOTICE TO THE PUBLIC – This Agenda contains a brief general description of each item to be considered. Except as provided by law, action or discussion shall not be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk’s Office or on the City’s website at www.cityoflosalamitos.org once the agenda has been publicly posted.
Each matter on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adop t a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as “for information” or “for discussion” may also be the subject of an “action” taken by the City Council at the same meeting.
Any written materials relating to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection online at www.cityoflosalamitos.org.
It is the intention of the City of Los Alamitos to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee, or a participant at this meeting, you will need special assistance beyond what is normally provided, please contact the City Clerk’s Office at (562) 431-3538, extension 220, 48 hours prior to the meeting so that reasonable arrangements may be made.
1. CALL TO ORDER
2. ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda
3. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Government Code Section 54956.9: (1 potential case).
4. PLEDGE OF ALLEGIANCE
Council Member Bates will lead the Pledge of Allegiance.
5. INVOCATION
Council Member Nefulda will give the Invocation.
6. PRESENTATIONS
A. Presentation of the Award of Financial Reporting Achievement to the Finance Department
7. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.
8. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.
9. ITEMS FROM THE CITY MANAGER
10. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from July 7, 2022 to August 1, 2022.
Recommendation:
Ratify the Warrants for the period from July 7, 2022 to August 1, 2022 in the amount of $1,832,256.43.
ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda
11. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.
A. Approval of Minutes
B. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (Administration)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.
Recommendation:
Make the following findings by a majority vote of the City Council:
1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,
2. The City Council has reconsidered the circumstances of the state of emergency; and,
3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
C. Adopt Ordinance No. 2022-04 - AB 481 Military Equipment Use Policy (Police)
Assembly Bill 481 (AB 481), codified in Government Code sections 7070 through 7075, requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by approval from their governing body, prior to the agency funding, acquiring, or using military equipment.
AB 481 became effective January 1, 2022. Per AB 481, law enforcement agencies are now required to first obtain approval for this policy content from their respective governing body. Following approval, law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use. Agencies are also required to attach a military equipment inventory to the policy.
Recommendation:
Adopt Ordinance No. 2022-04 entitled “AN UNCODIFIED ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING AND APPROVING LOS ALAMITOS POLICE DEPARTMENT POLICY 709,
MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL NO. 481 (AB 481)".
D. Treasurer's Quarterly Investment Report - June 2022 (Finance) The item for City Council consideration is receipt of the Treasurer’s Quarterly Investment Report.
Recommendation:
Receive and file the Treasurer’s Quarterly Investment Report – June 2022.
E. Amendment No. 1 with North Star Land Care for Additional Monthly Maintenance Services (Development Services)
This item seeks approval to expand the maintenance services rendered by North Star Land Care.
Recommendation:
Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement (PSA) with North Star Land Care for augmented maintenance services at an cost of $2,426.00/month.
F. Amendment No. 1 with Joncowest LLC for Additional Janitorial Services at a City Facility (Development Services)
This item seeks approval to expand the janitorial services rendered by Joncowest LLC.
Recommendation:
Authorize the Mayor to execute Professional Services Agreement (PSA) Amendement No. 1 with Joncowest LLC for augmented monthly janitorial services at a cost of $880.00/month.
G. Rejection of Bids for Requests for Proposals (RFP) 2022-02 Sterns Park Improvement Project (Development Services)
Bids for Requests for Proposals (RFP) 2022-02 Sterns Park Improvement Project were opened on July 6, 2022. Two bids were received. One was nonresponsive and the second surpassed the appropriated budget, which took into account design, construction and inspection. As a result, staff is recommending the rejection of the submitted bids.
Recommendation:
Reject all bids received for Requests for Proposals (RFP) 2022-02 Sterns Park Improvement Project.
12. DISCUSSION ITEM
A. Economic Development Plan Phase II (Development Services)
This item presents for Council's discussion various economic development programs designed to enhance Los Alamitos' economic sustainability and growth.
Recommendation:
1. Discuss economic development program; and,
2. Authorize Staff to utilize American Rescue Plan Act (ARPA) funds for the proposed economic development programs.
13. PUBLIC HEARING
A. Comprehensive Update of the City’s Housing Element for the Reporting Period of 2021-2029 (Development Services)
Council will consider approval of a draft comprehensive update of the City’s Housing Element for the reporting period of 2021-2029 and adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA).
Recommendation:
1. Open the Public Hearing and take testimony; and,
2. Adopt Resolution No. 2022-20 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING A
NEGATIVE DECLARATION, AND APPROVING GENERAL PLAN AMENDMENT 21-01, UPDATING THE LOS ALAMITOS HOUSING ELEMENT (2021-2029).”
14. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the Los Alamitos City Hall, 3191 Katella Ave. and online at www.cityoflosalamitos.org not less than 72 hours prior to the meeting.
Windmera Quintanar, MMC, City Clerk
Dated: August 10, 2022
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 15, 2022 ITEM NUMBER: 10A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Director of Finance
Subject: Warrants
SUMMARY
The attached Warrant Register contains checks and electronic funds transfers for the period from July 7, 2022 to August 1, 2022.
RECOMMENDATION
Ratify the Warrants for the period from July 7, 2022 to August 1, 2022 in the amount of $1,832,256.43.
BACKGROUND
The expenditures noted within this Warrant Register conform to the budget approved by the City Council.
DISCUSSION
The Director of Finance certifies the accuracy of the attached register and to the availability of monies for payment thereof.
FISCAL IMPACT
The grand total of $1,832,256.43 represents checks and electronic fund transfers for the period July 7, 2022 to August 1, 2022.
Attachment: 1. Warrants
City Council Regular Minutes
July 18, 2022
MINUTES OF THE CITY COUNCIL
OF THE CITY OF LOS ALAMITOS
REGULAR MEETING – July 18, 2022
1. CALL TO ORDER
The City Council met in Regular Session at 6:04 p.m., Monday, July 18, 2022, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Hasselbrink presiding.
2. ROLL CALL
Present: Council Members: Bates, Chirco, Nefulda,
Mayor Pro Tem Chirco, Mayor Murphy
Absent: Council Members: None
Present: Staff: Chet Simmons, City Manager
Wayne Byerley, Police Captain
Michael Claborn, Police Chief
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Ron Noda, Development Services Director
Windmera Quintanar, MMC, City Clerk
Ron Roberts, Orange County Fire Authority Battalion Chief Chelsi Wilson, Administrative Service Manager
3. PLEDGE OF ALLEGIANCE
Mayor Hasselbrink led the Pledge of Allegiance.
4. INVOCATION
Mayor Pro Tem Doby will gave the Invocation.
5. PRESENTATIONS
Mayor Hasselbrink and the Council gave the listed presentations.
A. Presentation of an Award to Jeff Tomlin in Recognition of Partnership in Policing
B. Presentation of Certificates to Los Al Tribe Youth Rugby in Recognition of Winning the National Sevens Youth Rugby
Championship, Boys U15 Tier 1
C. Introduction of Police Officer Christian Cruz and Police Officer Stephanie Roberts to the Community
City Council Regular Minutes
July 18, 2022
6. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.
Dave Boyer, Chamber President, spoke regarding the new officers, Concerts on Pine, upcoming ribbon cutting events for Xpress Urgent Care and Premier Dance Arts, and upcoming Heroes Lunch.
7. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.
Council Member Nefulda spoke regarding attendance at the WestCommunications Board meeting, 4th of July event, and pop-up dog park.
Council Member Bates spoke regarding attendance at the Chamber event discussing personal security, the League of California Cities Orange County Division General Membership, and the Library Advisory Board meeting.
Council Member Chirco spoke regarding attendance at the Rossmoor Highlands 4th of July parade, Los Alamitos Community Foundation board meeting, participation in the Concert in the Park series, and the Dumpster Day event.
Mayor Pro Tem Doby spoke regarding attendance at the City and School District collaboration meeting, Coffee with a Cop, Orange County Mosquito and Vector Control Board meeting, dedication for the St. Isidore Plaza historical designation, and the 4th of July event. She advised it was Mosquito Awareness Week at the Discovery Cube.
Mayor Hasselbrink spoke regarding attendance in the 4th of July neighborhood parades, possibility of holding the 4th of July event on July 3rd and brining back safe and sane fireworks, and closed the meeting in memory of longtime resident, Stella DeLeon.
8. ITEMS FROM THE CITY MANAGER
City Manager Simmons welcomed the new Police Officers and complimented Chief Claborn on another step towards reaching a full compliment. He asked for and received an update from Recreation and Community Services Director Noda for the remaining summer events.
City Council Regular Minutes
July 18, 2022
9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from June 3, 2022 to July 6, 2022.
Council Member Bates asked for and received clarification for various items on the Warrant Register.
Motion/Second: Chirco/Doby
Unanimously Carried: The City Council ratified the Warrants for the period from June 3, 2022 to July 6, 2022 in the amount of $1,781,893.32 Roll Call
Mayor Hasselbrink Aye
Mayor Pro Tem Doby Aye
Council Member Bates Aye
Council Member Chirco Aye
Council Member Nefulda Aye
10. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.
Council Member Bates received clarification on Items 10C, 10F, and 10G.
Motion/Second: Bates/Chirco
Unanimously Carried: The City Council approved the following Consent Calendar items:
A. Approval of Minutes (Administration)
Approved the City Council minutes for the Adjourned Regular meeting of June 13, 2022 and the Special meeting of July 13, 2022.
B. Resolution No. 2022-26 – Amendment to the City’s Conflict of Interest Code (Administration)
To comply with the requirements of State law, the attached Resolution proposed to amend the City’s Conflict of Interest Code by updating the list of designated employees that have significant involvement in the City’s decision-making process.
The City Council:
1. Received and filed the 2022 Local Agency Biennial Notice; and,
City Council Regular Minutes
July 18, 2022
2. Adopted Resolution No. 2022-26, entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,
CALIFORNIA ADOPTING THE CONFLICT OF INTEREST CODE
FOR THE CITY AND REPEALING RESOLUTION 2021-38.”
C. Personnel Changes Related to the Budget (Administration) This report outlined the various personnel related changes that were adopted as part of the Fiscal Year 2022-23 budget.
Council Member Bates received clarification the Economic Development Supervisor would be included in the non-represented employee group.
The City Council:
1. Adopted Resolution No.2022-25, entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,
CALIFORNIA, ADOPTING JOB DESCRIPTIONS FOR ECONOMIC
DEVELOPMENT SUPERVISOR AND FULL TIME CODE
ENFORCEMENT OFFICER”; and,
2. Adopt Resolution No. 2022-24, entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
AMENDING THE SALARY SCHEDULE FOR EXECUTIVE
MANAGEMENT AND NONREPRESENTED EMPLOYEES TO
INCLUDE ECOMONIC DEVELOPMENT SUPERVISOR”.
D. Event Management Services Agreement with Special Olympics Southern California (Recreation)
This report provided general information and sought City Council approval of a new Event Management Services Agreement with Special Olympics Southern California and waive facility use fees for third-party services to provide programs for special needs athletes in Los Alamitos.
The City Council authorized the Mayor to execute the Event Management Services Agreement with Special Olympics Southern California and waive facility use fees for third-party administration services to provide programs for special needs athletes in Los Alamitos through June 1, 2024.
E. Briggeman Drive Street Improvement Project (CIP 22/23-03) (Development Services)
This report recommended actions to begin facilitating the construction for the Briggeman Drive Street Improvement Project - CIP 22/23-03. The City of Los Alamitos proposes to widen the eastern portion of Briggeman Drive from Reagan Street to 300 feet in the westerly direction of the intersection.
The widening will be 5-feet curb-to-curb in the eastbound lane.
City Council Regular Minutes
July 18, 2022
The City Council:
1. Approve the plans and specifications for the construction of the Briggeman Drive Street Improvements Project (CIP 22/23-03); and,
2. Authorize Staff to advertise and solicit bid proposals.
F. Measure M2 Seven Year Capital Improvement Program 2022/2023 (Development Services)
This item was a follow-up to the June 13, 2022 staff report entitled, Measure M2 Seven Year Capital Improvement Program 2022/2023. The Orange County Transportation Authority (OCTA) requires the City Council to accept and approve additional findings regarding the online reporting tool. This action will allow the City to remain eligible to receive Measure M2 sales tax revenue funds.
Council Member Bates asked for and received clarification this item was not included with the initial approval because Staff was unaware of the new requirement from OCTA.
The City Council:
1. Approved the Orange County Transportation Authority Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022/23 through 2028/29 printout from OC Fundtracker to comply with Measure M2 eligibility criteria; and,
2. Authorized Staff to submit the approved OCTA Measure M2 SevenYear Capital Improvement Program for Fiscal Years 2022/23 through 2028/29 printout.
G. Award of Bid for the New Dutch Haven Neighborhood Street Rehabilitation Project (CIP No. 22/23-02) (Development Services) This item recommended actions for awarding of bid to begin the construction of the New Dutch Haven Neighborhood Street Rehabilitation Project (CIP No. 22/23-02).
Council Member Bates asked for and received clarification that inflation and supply and demand have changed the scope of projects. Staff is exploring ways to consolidate construction costs moving froward and confirmed total project costs would be provided at the completion of the project.
The City Council:
1. Awarded construction for the New Dutch Haven Neighborhood
City Council Regular Minutes
July 18, 2022
Street Rehabilitation Project (CIP No. 22/23-02) to Hardy & Harper, Inc. in the amount of $262,000; and,
2. Authorize the Mayor to execute the contract with Hardy & Harper, Inc. for the project; and,
3. Authorize City Engineer to add work and execute change orders in the amount not to exceed the contingency reserve of 25% or $65,500.00.
H. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (Administration)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.
The City Council made the following findings by a majority vote of the City Council:
1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,
2. The City Council has reconsidered the circumstances of the state of emergency; and,
3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
11. DISCUSSION ITEM
A. Designation of Voting Delegate and Alternate for the League of California Cities’ 2022 Annual Conference & Expo (Administration) The League of California Cities Annual Conference & Expo will be held in Long Beach from September 7-9, 2022. The League is requesting City Council designation of a Voting Delegate to the Annual Business Meeting.
This item is for Council designation of a voting delegate and alternate.
City Clerk Quintanar summarized the staff report and answered questions from the City Council.
Council Member Bates advised he would attend the Conference and stated a preference for the Mayor and Mayor Pro Tem to be the voting delegates. He stated interest for how sales tax is distributed for large retailers shipping orders and requested City Manager Simmons keep the Council apprised.
City Council Regular Minutes
July 18, 2022
Motion/Second: Bates/Nefulda
Unanimously Carried: The City Council:
1. Appointed Mayor Shelley Hasselbrink to serve as the City’s Voting Delegate for the League of California Cities 2022 Annual Business Meeting; and,
2. Appointed Mayor Pro Tem Tanya Doby to serve as the City’s Alternate Voting Delegate in the event of the Voting Delegate’s absence.
12. PUBLIC HEARING
A. Ordinance No. 2022-04 - AB 481 Military Equipment Use Policy (Police)
Assembly Bill 481 (AB 481), codified in Government Code sections 7070 through 7075, requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by approval from their governing body, prior to the agency funding, acquiring, or using military
equipment.
AB 481 became effective January 1, 2022. Per AB 481, law enforcement agencies are now required to first obtain approval for this policy content from their respective governing body. Following approval, law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use. Agencies are also required to attach a military equipment inventory to the policy.
Chief Claborn summarized the staff report and answered questions from the City Council.
Mayor Hasselbrink opened the Public Hearing for comments. There was no one present wishing to speak. Mayor Hasselbrink closed the Public hearing for comments.
City Council and Staff discussed the following:
Logistics for storing equipment awarded to Los Alamitos that is shared regionally
Cost sharing for use of shared equipment
Concern for having adequate equipment to respond quickly to threats at the schools
Provisions of AB 481 require all purchases of equipment
City Council Regular Minutes
July 18, 2022
designated as military equipment come before the Council Inventory of military equipment is now available to the public as mandated by AB 481
All agencies who have use of the equipment must list it on the inventory
Motion/Second: Chirco/Bates
Unanimously Carried: The City Council:
1. Introduce for first reading, read by title only, waive further reading of Ordinance No. 2022-04, and set for adoption; and,
2. City Attorney Daudt read the title of Ordinance No. 2022-04 entitled “AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING AND
APPROVING LOS ALAMITOS POLICE DEPARTMENT POLICY
709, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE
WITH CALIFORNIA ASSEMBLY BILL NO. 481 (AB 481)".
13. CLOSED SESSION
City Attorney Daudt read the items aloud.
A. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One potential case)
B. Conference with Legal Counsel - Initiation of Litigation Pursuant to subdivision (c) of Section 54956.9: (One potential case) RECESS
The City Council recessed into Closed Session at 7:00 p.m.
RECONVENE
The City Council reconvened in Regular session at 7:30 p.m.
City Attorney Daudt advised there was no reportable action.
14. ADJOURNMENT
The City Council adjourned at 7:30 p.m. in memory of Stella DeLeon.
Attest: Shelley Hasselbrink, Mayor
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 15, 2022 ITEM NUMBER: 11B
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Michael Daudt, City Attorney
Subject: Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings
SUMMARY
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.
RECOMMENDATION
Make the following findings by a majority vote of the City Council:
1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,
2. The City Council has reconsidered the circumstances of the state of emergency; and,
3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
BACKGROUND
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. A portion of AB 361 enacted amendments to California Government Code section 54953 regarding teleconference meetings. Those amendments authorize local agencies, like the City, to continue to conduct meetings by teleconference during a Governor-proclaimed state of emergency provided that certain findings are made by the legislative body, and provided that certain procedural requirements are met regarding public access to the meetings. A “teleconference” occurs for purposes of AB 361 whenever one or more members of the City Council connect to a City Council meeting via electronic means. Thus, even if four members of the City Council meet in person, if the fifth joins the meeting via Zoom, the meeting will be a teleconference meeting that must be conducted in accordance with the requirements of AB 361. For purposes of AB 361 “…’state of emergency’ means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act…” Cal. Gov’t Code Sec. 54953(e)(4). Section 8265 of CESA in turn refers to a state of emergency proclaimed by the Governor.
A new requirement in AB 361 requires specific findings be reaffirmed at least every thirty (30) days in order for the City Council to continue to have the option for one (1) or more of its members to use teleconferencing.
DISCUSSION
The Required Findings
The teleconference provisions in AB 361 may only be utilized as long as a Governorproclaimed state of emergency remains active, or while state or local officials have recommended measures to promote social distancing. When either of those is the case (both are true at this time), then in order to continue to teleconference using the new provisions of AB 361, the City Council must make the following findings by majority vote every 30 days:
(A) The City Council has reconsidered the circumstances of the state of emergency; and, (B) Either of the following circumstances exist:
i. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
ii. State or local officials continue to impose or recommend measures to promote social distancing (Cal Gov’t Code Sec. 54953(e)(3))
To comply with that requirement, the recommended action would have the City Council find each of the following:
1. A state of emergency has been proclaimed by California’s Governor due to the COVID19 pandemic, and continues to be in effect; and,
2. The City Council has reconsidered the circumstances of the state of emergency; and,
3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.
The “Every 30 Days Thereafter” Requirement
As noted above, AB 361 findings must be made “no later than 30 days after teleconferencing for the first time pursuant to , and every 30 days thereafter…” In order to preserve the option for the City Council or individual members of the City Council to participate in meetings during the pandemic via teleconference in the future, the City Council will have to adopt the required findings at least every 30 days.
Potential Consequence of Not Making the Findings Every 30 Days AB 361 does not expressly state what happens if a legislative body fails to make the required findings “every 30 days.” However, it expressly requires the timely re-approval of the findings “in order to continue to teleconference” in the manner that AB 361 authorizes.
As a result, if the City Council does not adopt the required findings every 30 days, then the City Council could be precluded from continuing to teleconference thereafter, perhaps even if the City Council was willing to adopt the findings at a later date. For this reason, the City Attorney
recommends that the City Council adopt the required findings at this time and at least every 30 days thereafter, unless the City Council decides as a permanent matter that it will no longer permit teleconferencing at all (e.g., regardless of whether the state of emergency worsens).
Procedural Requirements for The Conduct of Teleconference Meetings AB 361 contains several new requirements for the conduct of teleconference meetings with which the City has prepared to comply. Specifically, each meeting must:
1. Allow members of the public to attend and comment at the meeting via call-in option or internet-based service option; and,
2. Protect the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,
3. In the event of disruption which prevents broadcasting the meeting or which prevents members of the public from offering public comments via the call-in or internet-based option, the City Council must take no further action until the disrupted public access is restored; and,
4. The City may not require public comments to be submitted in advance, and must offer the opportunity for the public to offer comments “in real time” during the meeting; and,
5. The public must be allowed “a reasonable amount of time per agenda item to allow members of the public to provide public comment, including time for members of the public to register , or otherwise be recognized for the purpose of providing public comment.
FISCAL IMPACT
None.
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 15, 2022 ITEM NUMBER: 11C
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Michael Claborn, Chief
Subject: Adopt Ordinance No. 2022-04 - AB 481 Military Equipment Use Policy
SUMMARY
Assembly Bill 481 (AB 481), codified in Government Code sections 7070 through 7075, requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by approval from their governing body, prior to the agency funding, acquiring, or using military equipment.
AB 481 became effective January 1, 2022. Per AB 481, law enforcement agencies are now required to first obtain approval for this policy content from their respective governing body.
Following approval, law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use.
Agencies are also required to attach a military equipment inventory to the policy.
RECOMMENDATION
Adopt Ordinance No. 2022-04 entitled “AN UNCODIFIED ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING AND APPROVING LOS ALAMITOS POLICE DEPARTMENT POLICY 709, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL NO. 481 (AB 481)".
BACKGROUND
Agencies seeking to continue using military equipment must hold a public hearing and provide for public comment at that meeting. Each law enforcement agency must also make the policy and inventory available on the law enforcement agency’s internet website at least 30 days prior to any public meeting concerning the military equipment at issue. The proposed policy was posted on the City of Los Alamitos website on May 20, 2022. Ordinance No. 2022-24 was introduced at the City Council meeting of July 18, 2022.
DISCUSSION
Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance safety for both citizens and officers. Loss of these items would jeopardize the welfare of our residents and officers alike.
The term “military equipment” as used in AB 481, does not necessarily indicate equipment that
has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs.
Many items deemed to be “military equipment” by AB 481 are utilized by the Los Alamitos Police Department and law enforcement agencies across the country. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter.
The Los Alamitos Police Department is a participating agency in the West County Special Weapons and Tactics team. The team is comprised of officers from Seal Beach, Westminster, Fountain Valley, and Cypress. Many of the "military equipment" items noted in the policy are shared resources by the participating agencies. Loss of these shared resources would place unsafe restrictions and hinder the ability for the region team to respond to an incident in our jurisdiction.
FISCAL IMPACT
None.
Attachment: 1. Ordinance No. 2022-04 - Military Equipment (AB 481)
2. Exhibit A - Policy 709 - AB481 Military Equipment Policy
1695796.1
ORDINANCE NO. 2022-04
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
ADOPTING AND APPROVING LOS ALAMITOS POLICE
DEPARTMENT POLICY 709, MILITARY EQUIPMENT
USE POLICY, IN COMPLIANCE WITH CALIFORNIA
ASSEMBLY BILL NO. 481 (AB 481)
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. AB 481 also requires that in seeking the approval of the governing body, a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public meeting concerning the military equipment at issue. The term “military equipment” is defined in California Government Code section 7070. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.
SECTION 2. The Los Alamitos Police Department Military Equipment Use Policy is attached as Exhibit “A” (the “Policy”). The Policy was published on the City of Los Alamitos internet website for not less than 30 days commencing on May 20, 2022. The proposed Ordinance and Policy were presented to City Council at a duly noticed public hearing held on July 18, 2022, at which time public comment was submitted on the proposed Ordinance and Policy.
SECTION 3. The Policy complies with the requirements of California Government Code section 7070, subdivision (d).
SECTION 4. Based on the findings above, in addition to information provided to the City Council at the public hearing and in the Staff Report, the City Council determines as follows:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The Policy will safeguard the public’s welfare, safety, civil rights,
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and civil liberties.
C. The military equipment identified in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
SECTION 5. Approval of the Policy. The City Council of the City of Los Alamitos approves and adopts Los Alamitos Police Department Policy 709, “Military Equipment Use Policy”, attached hereto as Exhibit “A”. In doing so, the City Council directs that:
A. Staff is authorized to request, seek funding for, acquire, collaborate with other jurisdictions about the deployment of, and use military equipment consistent with this Policy.
B. The Policy shall be maintained on the Police Department’s website page.
C. Annually, the Police Department shall hold a well-publicized and conveniently located community engagement meeting regarding the Police Department’s Policy and use of military equipment, pursuant to Cal. Government Code section 7072 (b).
D. Annually, the City Council shall review this Ordinance, the Policy and the annual military equipment report prepared by the Police Department pursuant to Cal. Government Code section 7072 and determine by resolution whether to continue the Ordinance and Policy or to modify such Policy or initiate the repeal of the Ordinance.
E. Annually, the City Council shall determine, based on the annual military equipment report submitted pursuant to Cal. Government Code section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in this Ordinance.
SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
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SECTION 7. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 15th day of August, 2022.
Shelley Hasselbrink, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, CMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 18th day of July, 2022 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on 15th day of August, 2022, by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________
Windmera Quintanar, MMC, City Clerk
CC ORD 2022-04
1695796.1
Exhibit “A”
Los Alamitos Police Department Policy 709
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Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, reporting requirements, and use of military equipment (California Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481, enacting the foregoing Code sections. These obligations include, but are not limited, to seeking approval for the use and acquisition of specific items deemed to be military equipment, and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
709.1.1 DEFINITION OF MILITARY EQUIPMENT
California Government Code § 7070 defines “military equipment” as including:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue service weapons. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 POLICY
It is the policy of the Los Alamitos Police Department that members of this Department shall comply with the provisions of Government Code § 7071, et seq., with respect to military
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equipment. It is the policy of the Los Alamitos Police Department that there shall be legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Administrative Services Captain to be the military equipment coordinator. The responsibilities of the military equipment coordinator include, but are not limited to:
a) Acting as liaison to the City Council for matters related to the requirements of this policy. b) Identifying equipment that qualifies as military equipment in the current possession of the Department, and/or military equipment the Department intends to acquire that requires approval by the City Council.
c) Conducting an inventory of all Department military equipment at least annually. d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Los Alamitos Police Department (Government Code § 7071). e) Preparing for, scheduling, and coordinating the annual community engagement meeting, which includes:
a. Publicizing the details of the meeting.
b. Preparing for public questions regarding the Department’s funding, acquisition, and use of equipment.
f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
g) Providing information on the Department website which details how members of the public can ask questions, raise concerns, or make comments regarding the military equipment policy, or any use of military equipment by members of the Department. The military equipment coordinator is required to respond to questions, comments, and/or concerns as specifically set forth in the Citizen Comments, Questions, and Concerns portion of this policy.
h) Ensuring that any proposed and/or approved military equipment use policy is made available on the Department website for as long as the military equipment identified in the policy is available for use. (Government Code § 7071(d) (2)) 709.4 MILITARY EQUIPMENT USE CONSIDERATIONS
The military equipment acquired and authorized by the Department is:
a) Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b) Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
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Military equipment shall only be used by a Department employee after the employee has received the training specified herein, and any course required by the Commission on Peace Officer Standards and Training (POST) has been successfully completed, unless exigent circumstances arise.
709.5 MILITARY EQUIPMENT REPORTING CONSIDERATIONS
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval of this policy, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year, for each type of military equipment in the Department’s inventory.
The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a) A summary of how the military equipment was used and the purpose of its use. b) A summary of any complaints or concerns received concerning the military equipment. c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. e) The quantity possessed for each type of military equipment. f) If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and Los Alamitos Police Department’s funding, acquisition, or use of military equipment. This shall occur as a part of the Department’s presentation to the City Council.
709.6 CATALOGING OF MILITARY EQUIPMENT
All military equipment kept and maintained by the Los Alamitos Police Department shall be cataloged in a way which addresses each of the following requirements:
1. The manufacturer’s description for each type of equipment.
2. The capabilities of each type of equipment.
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3. The purposes and authorized uses for which the Department proposes for each type of equipment.
4. The expected lifespan of each type of equipment.
5. The fiscal impact of each type of equipment, both initially and for on-going maintenance.
6. The quantity of each type of equipment, whether maintained or sought. 709.7 COMPLIANCE
The Military Equipment Coordinator will ensure that all Department members comply with this policy and will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, as appropriate, the violation(s) will be referred for investigation which will be handled in accordance with Policy 1020 (Personnel Complaints). All instances of noncompliance will be reported to City Council via the annual military equipment report.
Any member of the public can register a question or concern regarding military use equipment by contacting the Los Alamitos Police Department via email at the email address listed on the Department’s website A response to any question or concern regarding this policy or any military equipment owned used by the Department shall be completed and a response provided by the Department in a timely manner, which in no event should exceed thirty (30) days.
Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it shall be routed for investigation in accordance with Policy 1020.
709.8 FUNDING
The Department shall obtain City Council approval, by an ordinance adopting a new or revised military equipment use policy, prior to seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting, or accepting private, local, state, or federal funds, inkind donations, or other donations or transfers.
The Department has authority to apply for funding prior to obtaining City Council approval in the case of exigent circumstances. In such case, the Department shall obtain City Council approval as soon thereafter as practicable. In seeking such approval, the Military Equipment Coordinator will submit to the City Council a report explaining the nature of the exigency and why prior approval could not be obtained.
709.9 MILITARY EQUIPMENT INVENTORY
The following constitutes an inventory of equipment within the possession of or used by the Los Alamitos Police Department deemed to be military and militaristic as defined by this policy.
1. REMINGTON 870 LESS LETHAL SHOTGUN
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Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat, which is a principle of de-escalation.
Quantity: 10
Purchase Price: $550 each
DRAG STABILIZED 12-GAUGE BEANBAG ROUND
Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange buttstock and foregrip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Drag Stabilized Model is an aerodynamic projectile.
However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized Model is very accurate.
However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
Quantity: 150
Purchase Price: $5 each
Purpose: To limit the escalation of conflict and decrease the need for use of potentially lethal force when feasible.
Authorized Use: Situations for the use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
Expected Life Span: Remington 870 Less Lethal Shotgun- 25 years, Drag Stabilized 12- Gauge beanbag round - no listed expiration date.
Fiscal Impact: Annual maintenance is approximately $50 for each shotgun.
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Training: All officers must first be trained in the 12 gauge less lethal shotgun as a less lethal option by in-service training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions must have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training.
Legal and Procedural Rules: Use is established under Policy 308.9. It is the policy of the Los Alamitos Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including laws regarding the use of force.
2. Rifles: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
Current Inventory:
COLT AR-15 223 16”
Description: lightweight, magazine-fed, gas-operated semi-automatic rifle.
Caliber 223, 16-inch barrel.
Quantity: 10
Purchase Price: $846.56 per firearm
WINCHESTER .223 REMINGTON 55GR RIFLE ROUND
• Description: 223 Remington/5.56 NATO caliber, 55 grain bullet weight, brass cartridge case material.
Quantity: 4,200
Purchase Price: $802.74 (price per 1000)
WINCHESTER .223 REMINGTON 55GR FRANGIBLE RIFLE ROUND
Description: .223 Remington caliber, Frangible, 55 grain bullet weight, brass cartridge case material.
Quantity: 1,900
Purchase Price: $668.05 (price per 1000)
709.10 MILITARY SWAT EQUIPMENT INVENTORY
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The Los Alamitos Police Department participates in the West County Special Weapons and Tactics (SWAT) team, a regional SWAT and Crisis Negotiation Team (CNT) with Officers from the cities of Los Alamitos, Seal Beach, Cypress, Fountain Valley, and Westminster.
The following constitutes an inventory of equipment known to be owned and/or utilized by law enforcement units with which the Los Alamitos Police Department collaborates and/or participates for law enforcement purposes, which are deemed to be military and militaristic as defined by this policy. The equipment in this section is primarily used by the members of the West County SWAT Team.
3. Armored Vehicles
Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
Current Inventory:
LENCO BEARCAT G2
Description: Armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor, VIN FDAF5HT2BEC98082.
Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
Expected Lifespan: 25 years.
Fiscal Impact: Annual maintenance cost of approximately $10,000.
Training: All driver/operators must first attend formalized instruction and be trained in vehicle operations and practical driving instruction.
Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.
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Other Notes: The bearcat was obtained through the UASI group procurement process in 2012. The vehicle is currently stored at Westminster Police Department and used by the West County SWAT during training and SWAT operations for the region.
4. MOBILE COMMAND POST VEHICLE (MCP)
A vehicle used mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events.
Current Inventory:
FREIGHTLINER M2 106 VEHICLE
Description: The MCP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.
Quantity: 1
Purchase Price: Refer to Cypress Police Department policy Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place.
Authorized Use: Only officers trained in their deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP.
Furthermore, only officers who have completed the California State Class B Commercial driving school and become properly licensed will be allowed to drive the MCP.
Situations which the MCP is authorized for use would include but not be limited to critical incidents, emergencies, and natural disasters.
Expected Lifespan: The MCP, 20-year lifespan on chassis and vehicle structure.
Upgrades needed in 7 years to maintain IT systems.
Fiscal Impact: Annual maintenance cost is approximately $1,000. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.
Training: The driver/operator must first receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver. Driver/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing and possess a Class B driver’s license.
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Legal and Procedural Rules: It is the policy of the Department to use the MCP only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
Other Notes: After the City of Anaheim UASI group completed the procurement process and the vehicle was built, the City of Cypress took delivery of the MCP on April 19, 2007. The City of Cypress entered into an agreement with the cities of Los Alamitos and Seal Beach to accept, house, utilize and cost-share repairs and routine maintenance for the regional MCP vehicle. The vehicle is currently housed inside a City of Seal Beach fire station (OCFA station #48) and is utilized by all three cities for special events that include DUI checkpoints, public relations presentations, and emergency incidents. The vehicle is also the primary command and control platform for West County S.W.A.T. during training and S.W.A.T. operations for the region. The vehicle is staffed with a team of City employees and designated volunteers from all three cities including the West Cities Police Dispatch Communications Center. Cost-sharing for the vehicle is administered by the Cypress Finance Department and each city is billed a third of costs associated with the annual vehicle maintenance and technology service fees.
5. Light Sound Diversionary Devices (LSDD)
A device used to distract dangerous persons.
Current Inventory:
COMBINED TACTICAL SYSTEMS (CTS), MODEL 7290 FLASH BANG
Description: This is the standard diversionary flash-bang device. It is nonbursting, non-fragmenting single use device that produces a 175db and 6-8 million candela of light output. It is ideal for distracting potentially dangerous suspects during assaults, hostage rescue, building/room entry or other high-risk arrest situations.
Quantity: 1
Purchase Price: $45 each
DEFENSE TECHNOLOGY, NO. 15 STINGER GRENADE
Description: This is a hand-held, hand-thrown grenade and has an initial 1 second delayed fuse. Once the fuse is discharge at a low speed, the main charge detonates to produce a loud sound and bright flash of light, and the distribution of approximately 180 rubber pellets of .32 caliber size are expelled from the grenade, and the pellets can travel up to 50 ft. from the point of detonation.
Quantity: 14
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Purchase Price: $36 each
Purpose: A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
Authorized Use: Diversionary Devices shall only be used:
1. By officers who have been trained in their proper use.
2. In hostage and barricaded subject situations.
3. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
4. During other high-risk situations where their use would enhance officer safety.
5. During training exercises.
Expected Lifespan: Until used.
Fiscal Impact: No annual maintenance.
Training: Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.
Legal and Procedural Rules: Use is established under the Department’s Use of Force Policy. It is the policy of the Los Alamitos Police Department to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Other Notes: This equipment is owned and operated by West County SWAT through the Cypress Police Department, which could result in its deployment and/or use in the City of Los Alamitos.
6. Chemical Agent and Smoke Canisters
Canisters that contain chemical agents that are released when deployed.
Current Inventory:
DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM CS ROUND
Description: The Direct Impact 40MM CS munition is a point-of-aim, point-ofimpact direct-fire round. The munition can be used to incapacitate a single subject or control a crowd. The munition is loaded with CS powder and is combined with lightweight, high-speed crushable foam projectile for maximizing the potential for incapacitation. Part Number 6322.
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Quantity: 4
Purchase Price: $26.50 each
DEFENSE TECHNOLOGY, DIRECT IMPACT 40MM OC ROUND
Description: The 40MM Direct Impact OC munition is a point-of-aim, point-ofimpact direct-fire round. The munition is loaded OC powder and is combined with a lightweight, high-speed projectile consisting of a plastic body and crushable foam nose. Part Number 6320.
Quantity: 5
Purchase Price: 26.50 each
DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE
Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver 20 grams of agent during its 20-30 seconds burn time. The device is not launchable. Part Number 1032.
Quantity: 5
Purchase Price: $34.94 each
DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Description: The Spede-Heat CS Grenade is a high volume, continuous burn munition. It expels a CS payload of 81.2 grams in approximately 20-40 seconds.
The CS is discharged through four gas ports on top of the canister, three gas ports on the side, and one gas port on the bottom. The device is launchable. Part Number 1072.
Quantity: 1
Purchase Price: $28.30 each
DEFENSE TECHNOLOGY CS TRIPLE-CHASER SEPARATING CANISTER Description: The Triple-Chaser separating CS consists of three separate canisters pressed together with separating charges between each section (canister). When deployed, this grenade will separate into three (3) distinct sub-munitions, spaced approximately 20ft. apart. This allows increased area coverage in a short period
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of time, from one deployment. Terrain and surface conditions can affect the distance of the separating sub-munitions. The device is specifically designed for outdoor use in crowd control situations. The separating function and relatively quick burn time minimizes the potential of a “throwback” from hostile or combative subjects. The munition is launchable. Part Number 1026.
Quantity: 1
Purchase Price: $44.89 each
DEFENSE TECHNOLOGY 40MM CS FERRET POWDER BARRICADE
PENETRATING PROJECTILE ROUND
Description: The 40MM CS Ferret Powder munition is a barricade penetrating round filled with a CS Powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling of the 40MM launcher. It is non-burning and designed to penetrate barriers. It is primarily used to dislodge barricaded subjects and can also be used for area denial. It is used by tactical teams to penetrate barriers such as windows, hollow core doors, wallboard (drywall), and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside of a structure of vehicle. The active CS agent is 7.6 grams and instantaneously discharges on impact. Part Number 2292.
Quantity: 9
Purchase Price: $20.91 each
DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE
PENETRATING PROJECTILE ROUND
Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is nonburning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. The active CS agent is 27.6 grams and instantaneously discharges on impact. Part Number 2262.
Quantity: 9
Purchase Price: $21.53 each
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Purpose: To limit the escalation of conflict decrease the need for use of potentially lethal force when feasible. Situations for use of the less lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.
Expected Lifespan: 5 years from manufacturing date.
Fiscal Impact: No annual maintenance.
Legal and Procedural Rules: Use is established under the Los Alamitos Police Use of Force Policy. It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region.
7. Explosive Breaching Tools
Tools that are used to conduct an explosive breach.
Current Inventory:
KINETIC BREACHING TOOL (KBT) MODEL 3-1000
Description: The KBT is a powder actuated kinetic energy forced entry tool. It utilizes a crimped blank explosive charge which drives a captive steel impact plate directed at the breach point. The impact plate extends forward out of the clamshell shroud and impacts against the target with a high level of kinetic energy to defeat the entry point or fortification. The impact plate automatically retracts and is reset in the breaching device. The KBT uses semi-automatic cycling, allowing repeated strikes on hardened or multiple targets. The KBT’s intended use is for forced entry during high-risk operations with secure entry points and is designed to be operated by a single officer/tactical team member. The KBT
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weighs 28 lbs. dimensions are 35in. x 9.9in. x 9.3in. and has an audible report of 115dB. The KBT utilizes a proprietary blank cartridge to deliver up to 850ft. lbs. of kinetic energy through the steel ram. There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching device.
Quantity: 1
Purchase Price: $10,494.38 each
Purpose: To safely gain entry into a structure.
Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
Expected Lifespan: Kinetic Breaching Tool (KBT) - 30 years. Blank cartridges – 5 years (preferably rotate rounds within 1 year).
Fiscal Impact: No annual maintenance.
Training: All officers who use explosive breaching tools shall first attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations.
Legal and Procedural Rules: It is the policy of the Los Alamitos Beach Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
Other Notes: This equipment is owned and operated by Seal Beach Police Department and used by the West County SWAT during training and SWAT operations for the region.
8. Long Range Acoustic Device (LRAD)
A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.
Current Inventory:
GENASYS LONG-RANGE ACOUSTIC DEVICE (LRAD) MODEL 500X
Description: The Genasys Long-Range Acoustic Device (LRAD) is a public address system optimized to the primary range of hearing. The LRAD system can deliver a live or recorded voice message with clarity for any operational scenario.
LRAD’s advanced driver and waveguide technology ensures every broadcast is clearly heard and understood, even above crowd, engine, and background noise.
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The LRAD 500X is compact, lightweight, and designed for applications ranging from fixed security installations to vehicles and vessels. The 500X is easily mounted and transportable to provide law enforcement long-range communication and safe, scalable non-kinetic escalation of force. The audible range of the LRAD 500X can reach up to 6,561 ft. American Technology Corp. Serial Number:
05984 UASI ASAUA/DHS Number 11-00456.
Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.
Authorized Use: LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD.
Expected Lifespan: 25 years with proper maintenance
Fiscal Impact: No annual maintenance.
Training: Only officers trained in the use of the LRAD are authorized to set up and operate the device.
Legal and Procedural Rules: It is the policy of the Los Alamitos Police Department to utilize the Long-Range Acoustic Device (LRAD) only for official law enforcement purposes, and pursuant to State and Federal Law.
Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Los Alamitos.
9. Robots
A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.
Current Inventory:
TRANSCEND VANTAGE PATROL ROBOT
Description: Transcend’s Vantage robot is the world’s only double-patented automatic stair and obstacle climbing robot for First Responders. It’s the only
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option for First Responders that want their robot to “just figure it out” on the first attempt to climb stairs, clothes, and junk without the burden of tedious manual controls associated with flippers and other limb systems. This means the Vantage can be used without prior training to enter a house or building to see, hear and learn what’s happening before sending officers inside. Cameras: Drive Camera (Night Vision), Pan Tilt Zoom (25x zoom, 90/15 degree up/down tilt, auto infrared night vision), FLIR Thermal. 3 hours constant driving, 12 hours monitoring / intermittent driving. 100+ lb. payload, zero degree turning radius, two-way audio (push to talk), key ignition, easy battery swapping (robot and controller).
Quantity: 1
Purchase Price: Refer to Westminster Police Department policy Purpose: To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.
Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the robot(s) identified above. Use is established by the Bomb Squad Commander or Incident Commander.
Expected Lifespan: 8 to 10 years.
Fiscal Impact: Annual maintenance and battery replacement cost is approximately $500.
Training: All robot operators must first complete the FBI’s 6-week hazardous device school prior to operating the robot(s) identified above.
Legal and Procedural Rules: It is the policy of the Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
Other Notes: This equipment is owned and operated by West County SWAT through the Westminster Police Department, which could result in its deployment and/or use in the City of Seal Beach.
10. Unmanned Aircraft System (UAS)
A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
Current Inventory:
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DJI INSPIRE 2
Description: UAS with a single-color camera, weighs approx. 7.5 pounds and has video recording capabilities, approx. 30 minutes of flight time.
Quantity: 1
Purchase Price: $5,299 each
DJI MAVIC 2 ENTERPRISE DUAL
Description: UAS that has a color and infrared camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time.
Quantity: 1
Purchase Price: $5,500 each
DJI FPV
Description: UAS that has a color camera. Capable of video recording and weighs 295 grams, approx. 20 minutes of flight time.
Quantity: 1
Purchase Price: $1,300 each
Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
a. major collision investigations
b. search for missing persons
c. natural disaster management
d. crime scene photography
e. SWAT, tactical or other public safety and life preservation missions f. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.
Expected Life Span: All UAS equipment, 3-5 years.
Fiscal Impact: Annual maintenance and battery replacement cost is approximately $2,000.
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Training Required: All Department UAS operators must be licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40- hour Department training and ongoing quarterly training.
Legal and Procedural Rules: Use is established under FAA Regulation 14 CFR Part 107.
It is the policy of the Los Alamitos Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
709.11 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
a) Requesting military equipment made available pursuant to 10 USC § 2576a. b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g) Acquiring military equipment through any means not provided above. 709.12 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policies in rendering mutual aid.
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709.13 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS
When stocks of military equipment ammunition have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without further City Council approval to maintain essential availability for the Department’s needs. The Los Alamitos Police Department is authorized to acquire additional stock of items listed here from other law enforcement agencies or California Office of Emergency Services (Cal OES) in the event of an emergency when approved by the Chief of Police or designee.
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 15, 2022 ITEM NUMBER: 11D
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Director of Finance
Subject: Treasurer's Quarterly Investment Report - June 2022
SUMMARY
The item for City Council consideration is receipt of the Treasurer’s Quarterly Investment Report.
RECOMMENDATION
Receive and file the Treasurer’s Quarterly Investment Report – June 2022.
BACKGROUND
Sound investment practices are essential to the City’s fiscal management. The City Treasurer is responsible for managing the City’s investment portfolio, focusing first on the safety of investments and then on liquidity and an appropriate rate of return. The investment report and portfolio composition are attached.
DISCUSSION
This report is a summary of the City’s investment activities and portfolio listing and balances for the quarter ending June 30, 2022.
FISCAL IMPACT
None.
Attachment: 1. Attachment 1- Quarterly Investment Report - June 2022
2. Attachment 2 - Quarterly Investment Report - June 2022
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 15, 2022 ITEM NUMBER: 11E
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Amendment No. 1 with North Star Land Care for Additional Monthly Maintenance Services
SUMMARY
This item seeks approval to expand the maintenance services rendered by North Star Land Care.
RECOMMENDATION
Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement (PSA) with North Star Land Care for augmented maintenance services at an cost of $2,426.00/month.
BACKGROUND
The City of Los Alamitos has over 14.4 acres (625,517 square feet) of parkways, median islands, landscape areas, and City parks and facilities to maintain. In December 2020, the City released Requests for Proposals (RFP) 2020-05, which solicited annual park and landscape maintenance services and was ultimately awarded to North Star Land Care in January 2021. Since the commencement of services, staff have been satisfied with the service provided by North Star Land Care.
DISCUSSION
The current scope of work with North Star Land Care is the mowing of the City's parkways, City facilities, and City parks, the weeding and removing of trash on the City's median islands, and maintenance of additional landscaping areas. In a continued effort to enhance the aesthetic of the City. Staff have identified additional areas not included in the current Agreement, but are within the existing service areas, which would benefit from routine maintenance services. Specifically, the areas proposed include the following main arterials and service roads: Ball Road, Bloomfield Street, Cerritos Avenue, Farquhar Avenue, Katella Avenue, Lexington Avenue, and Los Alamitos Boulevard. The map below depicts the locations described:
This item seeks approval to secure additional monthly maintenance services from North Star Land Care. The added work will include the removal of weeds, vegetation, and excessive dirt from tree wells, gutters and sidewalk areas.
FISCAL IMPACT
The City currently pays North Star Land Care $7,079.66 monthly. The added maintenance services will incur an additional monthly cost of $2,426, which will bring the monthly total to $9,505.66. The total annual payment for services from North Star Land Care will be $114,067.92. Funding for these services is included in the street maintenance division budget within the Development Services Department budget. The new annual contract amount will be incorporated into the Fiscal Year 2022-2023 Budget.
Attachment: 1. North Star Land Care - Amend No.1
2. North Star Land Care - Exhibit A
3. North Star Land Care
AMENDMENT No. 1 TO CITYWIDE LANDSCAPING SERVICES
AGREEMENT
North Star Land Care
This Amendment No. 1 to Landscape Maintenance Services Agreement (“Amendment”) is made and entered into on this 15th day of August, 2022 by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and, North Star Land Care (“Contractor”). City and Contractor are sometimes hereinafter collectively referred to as the “Parties.”
RECITALS
A. City and Contractor entered into that certain a Landscape Maintenance Services Agreement to provide landscape maintenance services for City Parkways, medians, landscape areas and parks services on January 19, 2021 (“Agreement”), which is incorporated herein by this reference.
B. City and Contractor desire to amend the Agreement to include additional monthly landscape maintenance services, subject to the terms and provisions of this Amendment.
NOW, THEREFORE, City and Contractor mutually agree as follows:
1. Section 1.1 of the Agreement is hereby amended and restated in its entirety to read as follows:
“1.1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Parks & Landscape Maintenance Services Proposal, dated November 16, 2020, attached hereto as Exhibit “A”, and as supplemented by Attachment “1” to Exhibit “A” (“Scope of Services” and/ or “Project Services”). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.”
2. Section 2.1 of the Agreement is hereby amended and restated in its entirety to read as follows:
“2.1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Nine Thousand Five Hundred Five Dollars and Sixty-Six Cents ($ 9,505.66) monthly. The maximum amount of City' s payment obligation under this Agreement is the amount specified in this section”
3. Attachment “1” to this Amendment is hereby appended to and made a part of Exhibit “A” (Proposal/Scope of Services) to the Agreement.
4. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.
5. The persons executing this Amendment on behalf of the Parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said Parties and that by so executing the Parties are formally bound to the provisions of this Amendment.
IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Shelly Hasselbrink
Mayor
APPROVED AS TO FORM.
Woodruff, Spradlin & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:
By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
North Star Land Care
By:_______________________________
Jose A. Martinez
President
By:_______________________________
Juan Angel Sotelo
CFO
Attachment 1
North Star Land Care Estimate 1011-121
North Star Land Care
10831 Downey Ave
Downey, CA 90241
(562)674-3076
[email protected]
www.northstarlandcare.com
ADDRESS
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
USA
Estimate 1011-121
DATE 06/21/2022
SALES REP NORTH STAR
R.S. Landscape
DATE ACTIVITY QTY RATE AMOUNT
Services
Additional
Monthly
Landscape
Maintenance
Services for
the City of Los
Alamitos
1 2,426.00 2,426.00
2 Man Crew
16 Man Hours Weekly
TOTAL $2,426.00
Accepted By Accepted Date
DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
North Star Land Care]
THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
Agreement") is made and entered into, to be effective this 19th day of January 2021 (" Effective Date"), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (" City") and North Star Land Care, a California Corporation, (" Contractor"). City and Contractor. are sometimes hereinafter individually referred to as " Party" and are hereinafter collectively referred to as the " Parties."
RECITALS
A. City has determined that it requires the services of a qualified contractor to provide landscape maintenance services for City parkways, medians, landscape areas and parks.
B. In response to City' s formal Request for Proposals No. 2020- 05 ( RFP), dated November 16, 2020, Contractor has submitted to City a written proposal, dated December 17, 2020, to provide the desired landscape maintenance services.
D. City desires to engage Contractor to provide such landscape maintenance services subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1. 1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Parks & Landscape Maintenance Services Proposal, dated November 16th, 2020, attached hereto as Exhibit " A" (" Scope of Services" and/or " Project Services"). Contractor shall provide the Project Services in compliance with all terms and conditions ofthis Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.
1. 1. 1 Contract Documents. This Agreement shall consist of the following: ( 1) the main body of this Agreement; ( 2) RPF No. 2020- 05, dated November 16, 2020; and ( 3) Contractor' s Proposal, Exhibit " A". Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: ( 1St) the main body of this Agreement; ( 2rd) the RFP, and( 3rd) Contractor' s Proposal. 1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A
1. 2 Compliance with Law. All Project Services shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction. Contractor shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Contractor performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to comply with such laws, ordinances, resolutions, statutes, rules or regulations.
1. 3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Project Services. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor' s performance ofthe Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.
1. 4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor( a) has thoroughly investigated and considered the Project Services to be performed, b) has carefully considered how the Project Services should be performed, and ( c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.
1. 5 Care in Performance of Proiect Services. Contractor shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Project Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Project Services by the City, except such losses or damages as may be caused by City's own negligence.
1. 6 Non- Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
1277023. 1
DocuSign Envelope ID: B2B8AL14- 290E- 4057- AFAF- 1156105ED11A
2. COMPENSATION
2. 1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Seven Thousand, Seventy-Nine Dollars and Sixty Six Cents($ 7, 079.66) monthly. The maximum amount ofCity' s payment obligation under this Agreement is the amount specified in this section.
2. 2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within thirty( 30) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally bind the Party for which he/ she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: ( a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/ or, ( b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor' s profession.
2. 4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3. 1 Time of Essence. Time is ofthe essence in the performance ofthis Agreement.
The time for completion of the Project Services to be performed by Contractor is an essential condition of this Agreement.
3. 2 Schedule of Performance. Contractor shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Contractor, extensions of the time period( s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.
3. 3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor( financial inability excepted), including, but not limited to, 1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/ or acts of any governmental agency, including the City, if Contractor, within ten ( 10) calendar days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay.
The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager' 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 as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of two ( 2) years, ending on January 19, 2023, unless extended by mutual written agreement of the Parties, for a maximum of two (2)— 1- year contract extensions.
4. COORDINATION OF PROJECT SERVICES
4. 1 Contractor' s Representative. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith:
It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 City' s Contract Officer. The City' s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Contractor' s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City.
Contractor shall not contract with any other entity to perform the Project Services without prior written consent of City. If Contractor is permitted by City to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor( s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
All persons engaged in the performance of Project Services will be considered employees of 1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent 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. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
4.4. 1 The legal relationship between the Parties is that of an independent contractor; nothing herein shall be deemed to make Contractor a City employee. During the performance ofthis Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City' s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor' s officers, employees, or agents or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
4. 4. 2 Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
4. 4. 3 No City benefits shall be available to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor' s officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations. 1277023. 1
DocuSign Envelope ID: B2B8AE14- 29UE- 4057-AFAF- 1156105E011A
4.5 PERS Eligibility Indemnification.
4. 5. 1 In the event that Contractor or any officer, employee, representative, agent, subconsultant or subcontractor of Contractor providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System ( PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City against( 1) all such claims and determinations, 2) for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, representatives, agents, subconsultants or subcontractors, and ( 3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
4. 5. 2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any Project Services shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/ or employee contributions for PERS benefits.
5. INSURANCE
5. 1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section.
Contractor shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor' s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5. 2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
5. 2. 1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance ( CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars($ 1, 000, 000. 00) per occurrence and Two Million Dollars($ 2, 000. 000. 00) in the general aggregate. The policy shall not contain any endorsements or provisions limiting coverage for 1) contractual liability, (2) cross liability exclusion for claims or suits by one insured against another, or( 3) contain any other exclusion contrary to the Agreement.
5. 2. 2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance. Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence 1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A basis, covering Code 1 ( any auto), or if the Contractor has no owned autos, Code 8 ( hired) and Code 9 ( non- owned), with limits of no less than One Million Dollars ($ 1, 000, 000. 00) for each occurrence covering bodily injury and property damage.
5. 2. 3 Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers' Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving all subrogation rights under its workers' compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers' compensation insurance policies. Contractor shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer' s Liability Insurance written on a per occurrence basis with limits of at least One Million Dollars ($ 1, 000, 000. 00) per accident for bodily injury or disease. Notwithstanding the foregoing, Contractor shall not be required to procure either Worker' s Compensation Insurance or Employer' s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.
5. 3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better( if an admitted carrier), or a current rating of A:X or better ( if offered by a non- admitted insurer listed on the State of California List of Approved Surplus Lines Insurers ( LASLI)), by the latest edition of A.M.
Best' s Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund. In the event the City determines that the work or Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5. 4 Specific Insurance Provisions and Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
5. 4. 1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:
5. 4. 1. 1 Additional Insured. The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out ofthe performance ofthe Agreement; and
5.4. 1. 1. 1 Additional Insured Endorsements. Additional insured endorsements shall not ( 1) be restricted to " ongoing operations", ( 2) exclude " contractual liability", ( 3) restrict coverage to " sole" liability of Contractor, or ( 4) contain any other 1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
5.4. 1. 2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to be primary, and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.
5. 4. 1. 3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5.4. 2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty( 30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor' s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten ( 10) calendar days prior written notice. ( A statement that notice will be provided" in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)
5. 5 Deductibles and Self- Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City' s sole and absolute discretion.
5. 6 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates ofinsurance together with original endorsements affecting each of the insurance policies required by this section. Contractor shall promptly furnish, at City' s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.
5.6. 1 Required insurance policies shall not be in compliance ifthey include any limiting provision or endorsement that has not been submitted to the City for written approval.
5. 6. 2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.
5. 6. 3 Renewal/ Replacement Policies. At least fifteen( 15) calendar days prior to the expiration of any such policy, evidence ofinsurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor 1277023. 1
DocuSign Envelope ID: B2B8AE14-290E- 4057-AFAF- 1156105ED11A shall, within ten ( 10) calendar days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies meeting all requirements ofthis Agreement.
5. 7 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
5. 8 Enforcement of Agreement ( Non- Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any ofthe insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5. 9 Insurance for Subconsultants. Contractor shall either: ( 1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Contractor as additional named insureds under the Contractor' s insurance policies; or ( 2) Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. Contractor shall not allow any subconsultant or subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5. 10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor and its subconsultants and subcontractors, if any, pursuant to this Agreement:
5. 10. 1 Contractor shall provide immediate written notice to City if( 1) any of the insurance policies required herein are terminated, cancelled or suspended, ( 2) the limits of any of the insurance coverages required herein are reduced, or ( 3) the deductible or self-insured retention is increased.
5. 10. 2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
5. 10.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein ( e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A
5. 10. 4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor' s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5. 10.5 Contractor agrees to ensure that subconsultants and subcontractors, ifany, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.
5. 10. 6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend( at Contractor' s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, ( collectively" Claims") in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses.
Notwithstanding the foregoing, and only to the extent that the Project Services performed by Contractor are subject to California Civil Code Section 2782. 8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct ofthe Contractor.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor' s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.
7. REPORTS AND RECORDS
1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A
7. 1 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.
7. 3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly 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 the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subconsultants and 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.
7. 4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall not be released publicly without the prior written approval of the Contract Officer.
8. ENFORCEMENT OF AGREEMENT
8. 1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as 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 Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8. 2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waiver or render unnecessary City' s consent to or approval of any subsequent act of Contractor. 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.
8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are 1277023. 1
DocuSign Envelope ID: 82B8AE14- 290E- 4057- AFAF- 1156105ED11A cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8. 4 LeEal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8. 5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty( 30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.
Upon receipt of the notice of termination, Contractor shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.
8. 6 Termination for Default of Contractor.
8. 6. 1 Contractor' s failure to comply with any provision ofthis Agreement shall constitute a default.
8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/ she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten 10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City' s right to terminate this Agreement without cause pursuant to Section 8. 5.
8. 6.3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8. 6. 2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set- off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor' s liability for completion of the Project Services as provided herein.
8. 7 Attorneys' Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any nonjudicial proceeding, the prevailing Party shall be 1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E- 3057- AFAF- 1156105ED11A entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys' fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty( 30) calendar days ofthe date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney( s) handling the dispute on behalf ofthe prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250. 00) per hour.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9. 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.
9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS
10. 1 Notices. Any notice, demand, request, consent, approval, or 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 during normal hours of operation of the Party receiving the notice, or sent by pre- paid, first- class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two ( 2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE—
1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA 90720
csimmons@cityoflosalamitos. org
With copy to:
Michael S. Daudt, City Attorney
Woodruff, Spradlin& Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
mdaudt@wss- law. com
To Contractor: Jose A. Martinez
North Star Land Care
10831 Downey Avenue
Downey, CA 90241v
tony@northstarlandcare. com
10. 2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10. 3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.
10. 4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.
10. 5 Third Party Beneficiary. Except as expressly provided herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.
10. 6 Recitals. The above- stated Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10. 7 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, 1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E-4057- AFAF- 1156105ED11A Section 16000, et seq., (" Prevailing Wage Laws"). Contractor agrees to fully comply with all applicable federal and state labor laws( including, without limitation, ifapplicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
10. 8 Corporate Authority. Each ofthe undersigned represents and warrants that (i) the Party for which he/ she is executing this Agreement is duly authorized and existing,( ii) he/ she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/ she is signing, ( iii) by so executing this Agreement, the Party for which he/ she is signing 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 the Party for which he/ she is signing is bound.
SIGNATURES ON NEXT PAGE]
1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
City"
City of Los Alamitos
DocuSigned by:
B :
M.av: ° kirco
7AsccolIcocn4rE... 3/ 15/ 2021 Mark Chirco, Mayor
APPROVED AS TO FORM. ATTEST:
Woodruff, Spradlin & Smart, APC
DocuSigned by: DocuSigned by:
auk S. VenA 0,41. D mcra C iv atn tat^
By' o2Ao22coc4Dr4, o... By',_ weccz
Michael S. Daudt 3/ 12/ 2021 Windmera Quintanar, MMC
City Attorney City Clerk 3/ 15/ 2021
Contractor"
North Star Land Care
By:
rDocuSigned by:
031334403004A0...
3/ 12/ 2021 Jose A. Martinez
President
DocuSigned by:
By:
At u. gull, Skit
C920239331004., 0...
3/ 12/ 2021 Juan Angel Sotelo
CFO
1277023. 1
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A r°
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3 City of Los Alamitos Request for Proposal
for Park & Landscape Maintenance Services
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NORTHSTARLANDCARE. COM (562) 674-3076
LIC# 1034669 DIR# 1000056611
DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of 1. os Alamitos
3191
Los Alamitos,
Katella Avenue
CA 90720
NORTH
3 STAR
RI'.: Park & Landscape Maintenance Services
1)uc: l hursday. December 17. 2020 at 2: 00 P. M.
North Star I. andscape (" North Star") is pleased to submit a proposal for the(' its of Los AIamito' s Landscape Maintenance Services Request for Proposal. Our proixosal will highlight our previous experience of providing similar services to many surrounding Cities such as I luntington Park.
May wood. I. os Angeles County. and City of Montebello. We have the breadth and depth of resources. skills. equipment. and expertise needed 10 provide the city of Los Alanwo' c professional landscape maintenance services. We have reviewed. understand. and agree to the terms and conditions described in this REP. We also acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability with no exceptions. During these unprecedented times. North Star has not missed a heat in assisting our Municipal clients by augmenting City stall' so the deliver) of quality landscaping maintenance services would continue without interruption.
North Slat' s management team has a track record of working with many cities throughout Southern California since 1994. Our contractor license. 41034669 specializes in Class C611) 49( Tree Sen ice) and Class C' 27( I. andscaping) is set to expire 1/ 31/ 2022. We are also registered and qualified with the 1) 1R( 1( 00056611) North Star is insured and bonded and will obtain a City of l. os Alamitos business license upon being awarded this 1. andscapc Maintenance contract.
We strive to build long- term partnerships with agencies that expect and require quality. accuracy. efficiency. and integrity. We do this by offering our clients years of expertise with professional landscapers. diligent stall who provide premium landscaping by using industry approved equipment. effective employee training, strong field leadership, and competitive pricing to keep our clients within their allocated budgets. We have a full understanding of the City and its landscaping related needs.
Assigned contacts for this important project are as hollow:
Area Manager. Jose A. Martini (31 0) 704-9885 ton.. a northstarlandeare. com field Manager. Rene( L Seralin.( 562) 9') I- 9064 rene' crnorthslarlandcare. com Office Manager. Jessica Alvarez_ 1562) 674- 3076 jessica' u.northstarlandcare. corn AN the President of North Star Landscape. 1. Jose Antonio Martinez have the official authority to hind our company to the City oil os Alamitos proposal requests. Corporate ( Vice is located at 10831 Downey Avenue. Downey. California. 90241. I am authorized and certify. that this proposal being submitted is valid for 60 days. As the contact person for this proposal. please feel free to contact me directly if you have any questions or need further infinmation a1 ( 310) 704- 9885 or tonv•irnorthstarlandeare. com.
Sincerely.
Jose A. Martinez
Pre' idem
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North Star land(' arc
A
10831 Rowney Avenue
Downey. CA 90241
562) 674- 3076
inlivu northstarlandcarc. coin
DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020
TABLE OF CONTENTS
1. Statement of Qualifications 2
2. Licensing 3
3. Staffing 5
4. Performance of Work 7
5. Financial Statement 11
6. Credit References 11
7. Equipment 12
8. Work History 13
9. References 14
10. Insurance... 17
11. Proposal Schedule 18
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LANDSCAPE a
North Star Landscape
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020
STATEMENT OF QUALIFICATIONS
North Star has assembled a highly skilled and knowledgeable staff with extensive tree & landscape maintenance experience. North Star' s CEO has been in the Municipal maintenance space since 1994 and in 1993 was one of the youngest Certified Arborist in the World. The VP of Contract Management has managed Municipal contracts since 2007. Together they helped managed the Largest Los Angeles County Tree Company that Procured over 45 maintenance contracts.
North Star Land Care is a California Corporation, in business since 2017 California Contractors License 1034669, Expiration Date 1/ 31/ 2022 Classifications C27, D49& C61
Federal Tax ID# 82- 4619683, current with all taxes and filings with both State and Federal Government
DBA under North Star Landscape
7 Municipal contracts
1, 000, 000 credit line
Bonded
100% Latino Owned Firm
Over 22 full time employees rr J
ISA Certified Arborist on Staff
California
Irrigation Technicians
State Licensed
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Pest Control Applicator Inrn,: u:., asv: c::,.:* utor; am, n Zero Drug Tolerance Workplace
Many distinguished Business Awards
Fully Insured
Over 25 Modern Vehicles in Fleet
North Star has never in its history been disqualified or have entered any type of litigations with any government agency
North Star has the experience to perform work assigned by the city of Baldwin Park in a timely manner and within allocated budget
North Star prides itself hiring the best employees and retaining them. We quickly introduce new employees and immerse them into our company culture and professionally train them for their specific job classification. We provide our employee with an environment that is fulfilling therefore, keeping our team motivated and happy which in turn results in excellent service and low turnover.
Staffing and relevant experience is provided in the next section. North Star Land Care has never in its history been disqualified or have entered any type of litigations with any government agency.
North Star prides itself in building relationships not only with the City but also with the communities we work in. Part of our Community Benefits participation will include joining the N Los Alamitos Chamber of Commerce. As a member of the chamber we will merge with local @ non-profits and donate up to 2.5% of the yearly contract amount.
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 11561Q5ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020
LICENSING
North Star is a licensed contractor in the State of California ( state License# 1034669) and holds the C61, D49, and the C27 licenses all in good standing. North Star is a California Corporation without Federal Identification number being 82- 4619683. North Star is also registered with the Department of Industrial Relations, registration # 1000056611.
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Contractor Information
Legal Entity Name
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Registration N niber
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Registration effective date
0': 01, 200
Registration expiration li. to
06. 30 21
Mailing Address
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020
STAFFING
North Star employs over 20 full- time professionals. Our experienced professionals are led by an accomplished management team. We believe in the representation of our employees.
Below are brief backgrounds on North Star' s management team and key team members. At this time, we do not intend to contract any sub- contractors or contractors for additional services. North Star has the in- house capability to handle day to day operations and any issues arising from industry related occurrences. We are currently members of the International Society of Arboriculture ( ISA).
North Star Members Assigned to Los Alamitos Team:
Jose A. Martinez— Project Manager
Rene G. Serafin— Field Supervisor
Raul Hernandez— Irrigation Technician
Jessica Alvarez— Account Manager
City of Los Alamitos
Tony Martinez
President
Jessica Alvarez
Rene Serafin
Angel Sotelo Salvador Covarrubias
Juan Rene Contreras
Accounting/ Human
Field Manager
Government Business
Safety Coordinator
Resources Manager Relations Development
Los Alamitos Irrigation
Landscaping Crew Technician
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North Star Landscape
DocuSign Envelope ID: B2e8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 North Star' s Executive Team
Jose A. Martinez, President, Certified Utility Arborist( WE- 1278AU) Mr. Martinez has over 25 years of experience in the tree care and landscaping industry. Mr. Martinez has managed over 45 Municipal contracts throughout Southern California and has inventoried over 12 Municipal Urban forests. He started his career as a ground- man while attending college. In previous roles, he was responsible for field operations, scheduling, and the management of all crews. He was also actively involved with the implementation of a proprietary web-based database that supports the tree inventory. Mr. Martinez is a Certified Arborist and Utility Specialist under the International Society of Arboriculture( WE- 1278AU) since 1993 which made him the youngest Certified Arborist that year. Mr.
Martinez is also Certified as a Wildlife Protector(# 582) with the Wildlife Training Institute. Mr. Martinez holds a B. A. in Political Science from Cal Poly San Luis Obispo and has completed over two years of Landscape Architecture and Ornamental Horticulture.
Angel J. Sotelo, VP Government Relations, Certified Arborist ( WE- 9850A) Angel has over 12 years' experience in the tree industry and is a Certified Arborist. Mr. Sotelo oversees North Star' s existing contracts and is involved in the procurement of new contracts. Mr. Sotelo has successfully secured over 70 government contracts since 2007. He is instrumental in maintaining public agency relationship through community involvement and great customer service. Mr. Sotelo is known for his involvement in the communities in which we conduct business in. He was the President for the City of South Gate Chamber of Commerce from 2014- 2016. He serves as the key person between the city to North Star in order to best serve the community.
Jessica Alvarez, Accounting/ Human Resources Manager
Jessica manages North Star Land Care corporate office daily operations in Accounting and Human Resources. Jessica also ensures North Star Land Care meets Cal OSHA, Federal and State Labor Law requirements and compliance. Jessica possesses 5 plus years' experience in Accounting and Human Resources and is CPR/ First Aid/ BLS certified.
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Salvador Covarrubias- Business Development Manager
Salvador has over 5 years of experience in Customer Service and Sales environments. He holds a bachelor' s degree in Consumer Affairs from CAL State Long Beach. Salvador focuses on searching desirable business opportunities while conducting research on the market. Salvador is also in charge of collection and organizing information within the company database and assists in new bid requirements and effective procedures for North Star Land Care to run more efficiently.
Rene G. Serafin- Field Manager
Rene Serafin has twenty five years of landscape management experience where he has hands on experience working safely with landscaping equipment, landscaping spaces, and has over fifteen years managing landscaping personnel, where his proven style of on field training has had positive results with our clients. Rene ensures all work is completed by deadlines and to expectation and is authorized to act on behalf of North Star.
Juan R. Contreras- Safety Coordinator, CAL OSHA Certified Juan has over 3 years of experience in the tree maintenance Industry. Juan is responsible for implementing and overseeing the safety of company employees. Juan presents weekly educational discussions on safety on a weekly basis. Juan strives to always ensure a safe working environment and prevent any injuries and accidents.
Raul Hernandez- Irrigation Technician
Raul has 15 plus years' experience in the Landscaping Maintenance Industry. Raul will be the North Star worker in charge of all irrigation needs that are needed for the city.
Juan Saavedra, Pest Control Applicator Christian Serafin, Field Assistant Supervisor 20 Years Industry Experience 5 years Industry Experience Miguel Galvez, Mechanic Mario Jimenez, Inventory Specialist 15 Years Industry Experience 5 Years Industry Experience LID
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020
PERFORMANCE OF WORK
1. Daily— Weekly Supervision:
a. Report to City representative on a daily basis or as resulted by City staff. b. Supervise landscaping services crew to maintain locations. c. Supervise traffic control.
d. Report any damages or injuries within one hour of occurrence. e. Respond to any personnel complaints or questions concerning project. f. Final inspection of landscape work to insure proper clean- up on daily basis. g. Maintain daily records of hours worked by each employee and work completed. h. Authorized staff shall meet with the City representative each Friday between 8: 30 and 9: 00 am, or anytime specified by the City Grounds Supervisor for the purpose of reviewing the week' s work, receiving special instructions, and to discuss any problems encountered on the job. The frequency can be coordinated with City staff as required
2. Work Schedule:
a. Staff will start the landscaping within ten ( 10) working days of award of contract or as to be determined by the City. Prior to commencing work, submit and gain approval of a weekly work schedule indication the order, location, and completion of work based on the information provided by the City representative or Grounds Supervisor. b. Staff will notify the City of the work schedule on a daily and weekly basis. The schedule will be submitted for approval in writing at least 48 hours prior to the commencement of any work in the City or as directed by the City representative and Grounds Supervisor. c. Multiple job sites will be worked at a time unless one site requires the entire assigned crew. d. As soon as notified by the City of award of contract North Star representatives will meet with City Representative to develop a preliminary work schedule for accomplishing the work. The schedule will be modified, as necessary, during the course of the contract, based on City' s needs.
3. Landscape Work Performed:
a. Will be according to the landscaping best practices. b. Staff will maintain a written log of all complaints including the date, time of occurrence, location, problem, and action to be taken pursuant thereto or reasoning for non- action. Log is to be reviewed by the City representative at the end of each day or as directed by the City. Pictures are to be taken at time of incident.
c. Hazardous Condition Notifications: Staff will report to the Foreman/ Grounds Supervisor of any defects or hazardous within an hour of notice.
d. Any activities found by the City to be unacceptable will be rectified immediately. All other complaints shall be abated within 24 hours of occurrence by North Star. e. North Star will be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. The City authorized representative will serve as mediator between the contractor and resident if property or vehicular damage should occur during the course of work. Sign stands, delineators and/ or cones shall be used to identify work site for vehicular and pedestrian safety. f. Staff will exercise precaution as necessary when working adjacent to utilities. g. Sprinkler repair will be made immediately. Most North Star trucks are equipped to handle
0.0 most sprinkler repairs as they occur.
North Star Landscape
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020
4. Wildlife Protection Plan:
a. North Star offers full service Trim Care. Therefore, North Star has an established Wildlife Protection Plan.
b. North Star understand the importance of the wildlife protection plan. We currently instruct all of our employees that if they come across any birds, nests, feathers, eggs, etc... they are to stop any landscape work immediately and NOT touch or remove it themselves. They have also been instructed to notify their supervisor immediately so that he/ she can notify the City officials and make the proper determinations.
c. North Star currently has employees certified with the Wildlife Training Institute... after careful research we felt the need to be completely certified as a wildlife protector, in order to address these issues properly and safely.
5. Hours of work in City:
a. North Star will observe all holidays recognized by the City and the City shall provide inspection for a 40- hour work shift ( 7: 00 am to 4: 00 pm or as directed by the City) b. Before performing any work at said times, staff shall give written notice to the City so that proper inspection may be provided and so that appropriate noise and lighting standards may be imposed as applicable.
c. No maintenance functions that generate excess noise which would cause annoyance to residents of the area shall be commenced before 7: 00 am.
6. Emergency— On Call Work
a. North Star will provide the City with 24- hour emergency phone numbers and names of at least two ( 2) assigned individuals to be contacted in case of an emergency or call out. b. Staff will respond and begin emergency work/ call out within 1 hour and will communicate with assigned City staff of the completion of assigned work via, telephone call, text, or email.
c. City staff will be immediately notified if any changes in assigned North Star personnel, telephone numbers and or pagers.
7. Clean- Up & BMP
a. North Star shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. b. Each day' s scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight unless authorized by the Director, her/ his designee, and residents adjacent to equipment are all notified.
c. City authorized representative shall be the sole judge as to the adequacy of the clean- up. d. Staff shall fully adhere to the City' s BMP practices. e. Temporary Sediment Control shall be utilized to prevent any green- waste material from entering the storm drains.
f. Staff will adhere to Federal, State, and local requirements for BMPs.
8. Compliance with Laws and Regulations:
a. North Star shall keep employees fully informed of and shall observe and comply with, and CrPO shall cause any and all persons employed to observe and comply with, all State, Federal, a North Star Landscape
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020 County and City, laws, ordinances, regulations, orders, and decrees which in any manner affect the conduct of the work.
9. Drug Free Workplace:
a. North Star published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor' s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibitions.
b. North Star has established a Drug Free Awareness Program to inform employees about the dangers of drug abuse in the workplace.
c. North Star' s existing policy of maintaining a drug free workplace and the penalties that will be imposed upon employees for drug abuse violations occurring in the workplace. Taking appropriate personnel action against such employee, up to and including termination.
10. Photographs:
a. North Star will supply the City representative photographs as resulted. b. North Star will supply the City representative photographs of any damages that occur to public and or private property or persons.
11. Disposal of Materials:
a. All debris produced as a result of North Star' s operations will be reduced reused, recycled, and/ or transformed.
b. Weight slips or load slips for material removed from the City will be submitted to the City once a month as proof of final disposal to a recycling facility for documenting reusage per AB 939.
c. Staff operates a fully licensed and permitted Green Waste Transfer& Recycling facility in the County of Riverside and County of Los Angeles.
12. Public Safety/ Traffic Control:
a. North Star shall furnish, erect, and maintain such lights, barricades, bridges, and other devices as required by the City, State, Federal and County" Public Safety" of the Standard Specifications. Should the City point out the inadequacy of warning devices or should the City approve the location of warning devices, such action shall not relieve North Star of responsibility for public safety, nor abrogate its obligation to furnish and pay for these devices.
b. All construction signs to be used on the job site and on the approaches to the job site shall conform to those standards set forth by the State of California, Business and Transportation Agency, Department of Transportation, Manual of Traffic Controls, latest edition and WATCH ( Work Area Traffic Control Handbook).
c. Barricades shall be effectively reflectorized by having not less than one- half of the top board of the barricade covered with reflectorized sheeting surface or two 3- inch diameter reflector units. All other types of delineators shall have reflectorized sheeting, other reflective surfacing, or 3- inch unit reflectors.
d. All warning flashers shall be kept in good working order and each flasher shall have some type of reflective surface.
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North Star Landscape
DocuSign Envelope ID: B2B8AE14- 290E-4057-AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 e. No material or equipment shall be stored where it will interfere with the safe passage of public traffic, and at the end of each day' s work and at other times when landscaping operations are suspended for any reason, North Star shall remove all equipment and other obstructions from that portion of the roadway open for use by the public traffic. f. Spillage resulting from hauling operations along or across any public traveled way shall be removed promptly.
g. Whenever North Star' s operations require one- way traffic or create a condition hazardous to the public traffic, staff shall provide and station competent flagmen whose sole duties shall consist of directing the movement traffic through or around the work. Staff shall also furnish such flaggers as are necessary to give adequate warning to traffic or public of any dangerous conditions as included in the various bid items. h. Under no circumstances will any City street be closed to thru traffic unless authorized by City official.
13. Customer Service:
a. In the forefront of providing great customer we have Salvador Covarrubias, who holds a Bachelor' s Degree in Consumer Affairs who bring all customer needs to light as he instills the core values of being felt valued and appreciated to all our customers from the public to city staff. North Star believes strong customer service is a foundational pillar to a successful relationship. North Star has highly trained customer service representatives in speaking with the staff on any concerns they might have. All our customer service representatives are very patient and courteous. They have been trained to use the best possible approach to address any concerns or issues that might arise from the staff, administration, City council or the public. At North Star we have customer representatives on the line daily who will answer and respond to any phone or email demands that may arise. At North Star we understand the importance of listening to a resident' s complaint while NOT interrupting them while they are always speaking, we are respectful and calm. This will help resolve the issues on hand immediately and efficiently
b. Our protocol is to have complaints resolved within 24 to 48 hours of the incident. Our representatives are trained to specifically handle and resolve damage to any property, both private and public. North Star has the capability to immediately address and dispatch our incidents representative to the incident site to take the proper measurements and take action right away. All repairs should be acceptable to the City, and the private property/ resident.
14. Training
a. When hired at North Star, our employees go through orientation where they will become aware of dangers that may arise on the job site as well as be given a description and their duties assigned to their role.
b. In the first 2 week, employees will have on field training where a field manager will be assisting them in learning day to day operations.
c. Twice a year North Star sends out employees to develop more specialty training from CPR training, Aerial Rescues, and Traffic Control.
d. Weekly, our Safety Coordinator presents a tail gate meeting where we cover safety topics for our North Star workers to be reminded that do our daily work in the safest manner. cD rla, top
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 Financial Statement
North Star is prepared to produce these confidential financial documents upon request.
Credit References
Name: Ford Credit
Contact Information 1( 800) 727- 7000
P. O. Box 552679
Detroit, MI 48255
Name: RDO
Contact Information 310- 223- 2400
1300 Kona Dr
Compton, CA 90220
Name: TD Auto Finance
Contact Information 1( 800) 556- 8172
P. O. Box 9223
Farmington Hills, MI 48333
Name: Vermeer
Contact Information 310- 223- 2400
1300 Kona Dr
Compton, CA 90220
Name: De Lage Landen Financial Services Inc.
Contact Information 1( 800) 736- 0220
1111 Old Eagle School Road
Wayne, PA 19087
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Equipment
Motor Vechiles/ Equipment
10 Pick Up Trucks
1 Roll- off Truck
3 40 yard Containers
2 Arrrow boards
1 One- ton Dump Truck
2 Small Trailers
3 25 yard Dump Trucks
2 Utility Vechiles
Landscaping Equipment/ Pruning Equipment/ Tools/ Safety Equipment:
5 Hedge trimmers- extensions
6 Lawn edgers- extensions
6 Lawn Mowers
3 Exmark Lazer z lawn mowers
8 Leaf Blowers
12 String Trimmers
5 Weed Killer Applicators
40 28" Safety cones
Misc. Safety Equipment( Traffic and Pedestrian Signs)- Gloves, Safety Glasses, Hard Hats, Ear Plugs, Safety Vests, Stop & SLow Hand Signs and Safety Flags North Star has more than enough equipment and resources to fulfill our contract obligations with the city of Baldwin Park in a very professional manner. In the event more equipment is needed for this project, we will get it from our maintenance facility. We have a major inventory of equipment as mentioned above to fulfill all our other contractual agreements with our other City Clients. i•
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DocuSign Envelope ID: B268AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 Work History
The following are Four (4) projects similar to this project:
City of Huntington Park
Landscape Maintenance Services currently under contract for$ 277, 515 per year. The contract was acquired in 2019. The contract entails us to provide all grounds/ landscape maintenance at city parks and listed public facilities, including, but not limited to pruning, trimming, shaping, and training of shrubs and groundcover plants, removing and controlling weeds, controlling plant diseases and pests, mowing lawn, edging lawn and groundcovers, irrigating plant materials, maintaining and repairing irrigation systems, removing trash and debris.
Daniel Hernandez, Director of Public Works( 323) 395- 1480 Currently under contract.
City of Montebello
Landscape Maintenance Services currently not under contract but was contracted for$ 140,000 per year. The contract was acquired in 2018. The contract entailed maintenance of all exterior landscaping including, city parks, lawn areas, planters, banks, flower beds, island median strips, irrigation systems adjacent to buildings and in and around parking lots.
David Sosnowski, Director of Recreation & Community Services( 323) 887- 1200 Currently not under contract.
City of Maywood
Landscape Maintenance Services currently under contract for$ 117, 600 per year. The contract was acquired in 2019. The contract entails maintenance of all exterior landscaping including, city parks, lawn areas, planters, flower beds, irrigation systems, removing trash and debris.
Abel Hernandez, Public Works Coordinator( 323) 562- 5700 Currently under contract.
Los Angeles County Habitat Authority
Landscape Maintenance Services currently under contract for$ 55, 000. The contract was acquired in 2018. The contract entails removal of weeds, removal of all dead limbs, dead brush and other dead vegetation, removal of rubbish and trash, and trimming of trees so that low hanging limbs do not allow fire transfer from ground fuels to the tree.
Andrea Gullo, Executive Director( 562) 945- 9003
Currently under contract.
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Habitat Preservotlon Authority
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 References
Reference# 1
Name: Daniel Hernandez
Organization: City of Huntington Park
Type of Service Citywide Landscape Maintenance
Contact Information 323) 395- 1480
6900 Bissell St.
Huntington Park, CA 90255
Date of Services 01/ 2019 to Present
Reference# 2
Name: David Sosnowski
Organization: City of Montebello
Type of Service Citywide Landscape Maintenance
Contact Information 323) 887- 1200
1600 W Beverly Blvd.
Montebello, CA 90640
Date of Services 05/ 2018 to 09/ 2020
Reference# 3
Name: Abel Hernandez
Organization: City of Maywood
Type of Service Citywide Landscape Maintenance
Contact Information 323) 562- 5700
4319 Slauson Ave.
Maywood, CA 90270
Date of Services 06/ 2019 to Present
Reference# 4
Name: Alvaro Encarnacion
Organization: City of Huntington Park
Type of Service Citywide Tree Maintenance
Contact Information 323) 353- 7504
6900 Bissel St.
Huntington Park, CA 90255
Date of Services 05/ 2018 to Present
Reference# 5
Name: Andrea Gullo
Organization: Los Angeles County Habitat Authority
Type of Service Weed Abatement
Contact Information 562) 945- 9003
7702 Washington Ave Suite C d"
Whittier, CA 90602
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Date of Services 05/ 2018 to Present O
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DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 dcry
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RE: North Star Landcare
To Whom It May Concern
I am pleased to provide a letter of recommenestion for North Star Lardcare North Star has provide exoellert customer service and superior tree trimming and tree care services We value our relationship and continue to develop our tree program.
Recently. Tony Martinez and I started working on updating North Stars database and its integration into our GIS system. This is a clear example of North Star' s commitment to our city.
If you have any Questions, please don' t hesitate to contact me et 323- 39S- 148C Sincerely.
Daniel Hernardez.
Director of Public Vdorks
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020 4A1 111 TED 1
c iAugust 27, 202( 1
RE: North Star Landcarc
To Whom It May Concern:
I am pleased to provide this letter of recommendation to Tony Martinez for North Star Landcare. North Star has provided excellent customer service. landscaping maintenance. and tree maintenance services for the City of Maywood. We value the relationship we have forged with North Star thus far as we continue to develop our landscaping and tree maintenance programs with them. We are very satisfied with the company' s versatility and efficient communication with our staff.
Recently. Tony Martinez and I have begun working on integrating Maywood' s tree data onto North Star' s database.
If you have any questions. please do not hesitate to contact int: at 323- 562- 570( 1 Sincerely,
Abel Hernandez
Public Works Coordinator
City of Maywood
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DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Insurance
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICiE3 BE CANCELLED BEFORE THE EXPIR. TION DATE THEREOF. NOTICE WILL SE DELrVERED IN Insureds File Copy ACCORDANCE WITH THE POLICY PROVISIONS.
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North Star Landscape
DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Proposal Schedule
SECTION C
PROPOSAL SCHEDULE
PARK & LANDSCAPE 1LAINTEN( E
REQUEST FOR PROPOSAL ( RFP) 2020- 05
EC THE CITY OF LOS ALAMITOS. CALIFORNIA
SITE LOCATION"
ESTIMATED
i .n
UNIT ITEM
QUANTITY , PRICE AMOUNT
Katella median islands
East of the 605 freeway to
13. 390 LF 0. 45 S 6. 025. 50
Walker Street
Los Alamitos South of Coyote Creek to
Boulevard median
Drub of Bradbur Road
9088 LF 0. 45 S 4. 089. 60
islands
Farquhar Avenue—
East of Bloomfield Avenue
Southside wall and
to America Drive
1. 847 LF 0. 12 S 221. 64
parkway area
East of Los Alamitos
Rossmoor Islands Boulevard to West of Pine 420 LF 0. 45 S 189. 00 Street
East of Los Alamitos
Bradbury Islands Boulevard to West of Pine 417 LF 0. 45 S 187. 65 Street
Los Alamitos west side ( Hedvig to
s9_ 100 SF 0. 12 5 '_ 092. 00
Boulevard parkway Bradbury Road)
east side ( Harrisburg Road
Los Alamitos to Orangewood Avenue.
6. 240 SF 0. 12 S 748. 80
Boulevard parkway Good Sheperd Presbyterian
Church to Mobil Gas)
Katella Avenue
south side ( 605 to Polly >_,. , SF 0. 12 S 6. 272. 64
Pies)
7_
Farquhar Avenue south side 8. 712 SF , $ 0. 12 S 1. 045. 44 Stems Park 3571 Farquhar Avenue 4. 356 _ SF 0. 12 S 522. 72 Sorvptinust Park 10822 Pine Street 3, 920 SF 0. 12 S 470. 40 Stansbury Park 3 711 Toland Avenue 21. 780 SF 0. 12 , S 2. 613. 60 Laubordette Park 1-401 Howard Avenue 8. 712 SF 0. 12 S 1. 045.44 Little Cottonwood Park 4000 Farquhar avenue 235. 224 SF 0. 12 S 28. 226. 88 Orville Lewis Park 3662 Kempton Drive 47.916 SF 0. 12 $ 5. 749. 9' , Laurel Park 10915 Bloomfield Street 139. 392 SF 0. 12 S 16. 727. 0. 4 Sierra Circle. green
Cerritos and Bloomfield 3. 039 SF
belt
0. 12 $ 364. 68
City Hall Complex ( to ;
191 Katella Avenue 26. 136 SF 0. 12 S 3- 136. 32
include Roberts Park.
Reguesr For Propo: a.' 2020- 65 00
Park& Lartd: cape Maintenance Service.: 20. 70
Crib of La:. aiamito: c
27jPage a
tr4
North Star Landscape
DocuSign Envelope ID: B2BSAE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 rear of Conuuuuun_
Center)
Ticonderoga patella
East of Ticonderoga Drive
service road
to the west of 5008 Katella 873 LF S 0. 1: S 104 76
Avenue( Potholder Cafe)
Oak Bike Path
Oak treet to Coyote Creek
1. 016 LF S 0. 1' S 121. 92
ark
The Contractor shall be responsible for calculating and providing unit prices for the schedule The Proposal Schedule shall include all costs for services. labor. materials. equipment. and installation associated with completing the work in place per the plans. specifications and details
Proposal Schedule Iotal: S S4. 955. 95
Proposal Schedule Total( Lu word): Eighty- Four Thousand Nine Hundred Fifty-Five Dollars And Ninety-Five Cents
North Star Landscape December 1 ', 2020
C ompany Name of Proposer Date
Lqu-: r For Prnpo_ a! 20: O- 05
Par it Land:: ape llanuenar! cc. Service:: 0: 0
Crn of io:- iran, rro:
28 Page
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111 North Star Landscape
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 15, 2022 ITEM NUMBER: 11F
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Amendment No. 1 with Joncowest LLC for Additional Janitorial Services at a City Facility
SUMMARY
This item seeks approval to expand the janitorial services rendered by Joncowest LLC.
RECOMMENDATION
Authorize the Mayor to execute Professional Services Agreement (PSA) Amendement No. 1 with Joncowest LLC for augmented monthly janitorial services at a cost of $880.00/month.
BACKGROUND
The City is responsible for eight separate City facilities to clean and sanitize, including common areas both for employees and visitors alike. The facilities include City Hall 1, City Hall 2, the Council Chamber, the Public Works Garage, the Community Center, the Youth Center building, and the Pre-School building. With the departure of the Public Works Division team member responsible for the nightly janitorial duties, the City sought different options to continue the work load. One of which was the possibility of contracting out janitorial services.
In December 2021, the City released Requests for Proposals (RFP) 2021-11, which solicited janitorial services for City facilities and was ultimately awarded to Joncowest LLC. in February 2022. Since the commencement of services, staff is satisfied with the service provided by Joncowest LLC.
DISCUSSION
This staff report seeks approval to secure additional monthly maintenance services from Joncowest LLC., for the deep cleaning of the large kitchen at the Community Center, which is not a service currently included within the agreement. The large kitchen is heavily utilized to provide services for the community for occasions and programs such as special events, facility rentals, the Senior Grocery Program, the Dine-In N Dough House lunch experience, Senior Club, and Day Camp.
As a result of its frequent usage, the area necessitates a deep cleaning to ensure that the facility is kept free of any vermin, insects, and/or rodents. This service will be provided on a monthly basis.
FISCAL IMPACT
The City currently pays $5,262.00/month to Joncowest LLC. The added maintenance services will incur an additional monthly cost of $880.00, which will bring the monthly total to $6,142.00.
The total annual payment for services from Joncowest LLC. will be $73,704.00. Funding for these services is included in the building maintenance division budget within the Development Services Department budget. The new annual contract amount will be incorporated into the Fiscal Year 2022-2023 Budget.
Attachment: 1. Joncowest LLC - Amend No. 1
2. Joncowest LLC - Exhibit A
3. Jonocowest, LLC (2022)
AMENDMENT No. 1 TO JANITORIAL SERVICES AGREEMENT
Joncowest LLC
This Amendment No. 1 to Janitorial Services Agreement (“Amendment”) is made and entered into on this 15th day of August, 2022 by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and, Joncowest LLC (“Contractor). City and Contractor are sometimes hereinafter collectively referred to as the “Parties.”
RECITALS
A. City and Contractor entered into that certain Janitorial Services Agreement on February 28, 2022 (“Agreement”), which is incorporated herein by this reference.
B. City and Contractor desire to amend the Agreement to include additional deep cleaning kitchen services, subject to the terms and provisions of this Amendment.
NOW, THEREFORE, City and Contractor mutually agree as follows:
1. Section 1.1 of the Agreement is hereby amended and restated in its entirety to read as follows:
“1.1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Los Alamitos Janitorial Services Proposal, dated January 4, 2022, attached hereto as Exhibit “A”, and as supplemented by Attachment “1” to Exhibit “A” (“Scope of Services” and/ or “Project Services”).
Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.”
2. Section 2.1 of the Agreement is hereby amended and restated in its entirety to read as follows:
“2.1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Six Thousand One Hundred and Forty-two Dollars ($ 6,142.00) per month. The maximum amount of City' s payment obligation under this Agreement is the amount specified in this section.”
3. Attachment “1” to this Amendment is hereby appended to and made a part of Exhibit “A” (Scope of Services and Standard of Performance) to the Agreement.
4. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.
5. The persons executing this Amendment on behalf of the Parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said Parties and that by so executing the Parties are formally bound to the provisions of this Amendment.
SIGNATURES INCLUDED ON THE NEXT PAGE
IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Shelly Hasselbrink
Mayor
APPROVED AS TO FORM.
Woodruff, Spradlin & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:
By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
Joncowest LLC.
By:_______________________________
Pattie Patrick
Owner
By:_______________________________
Jaheyla Jones
Chief Operations Officer (COO)
Attachment 1
Joncowest LLC Quote No. 1149
RECIPIENT:
Los Alamitos City Hall
3191 Katella Avenue
Los Alamitos, California 90720
Quote #1149
Sent on 06/28/2022
Total $880.00
PRODUCT / SERVICE DESCRIPTION QTY. UNIT
PRICE
TOTAL
Deep Cleaning Kitchen
Services
Monthly Deep Cleaning Services
Hourly Per Person $55.00
Supplies Included
16 $55.00 $880.00
Joncowest
268 N. Lincoln Ave
Ste 8
Corona, CA 92882
This quote is valid for the next 30 days, after which values may be subject to change.
Total $880.00
Joncowest LLC
800-646-0234 | [email protected] | www.Joncowest.com
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153
JANITORIAL SERVICES AGREEMENT
Joncowest LLC.
THIS AGREEMENT FOR JANITORIAL SERVICES(" Agreement") is made and entered into, to be effective this 28 day of February 2022 (" Effective Date"), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (" City") and Joncowest, LLC (" Contractor"). City and Contractor are sometimes hereinafter individually referred to as" Party" and are hereinafter collectively referred to as the " Parties."
RECITALS
A. City has determined that it requires the services of a qualified contractor to provide janitorial services for City facilities.
B. In response to City' s formal Request for Proposals No. 2020- 11 ( RFP), dated December 15, 2021, Contractor has submitted to City a written proposal, dated January 4, 2022, to provide the desired janitorial services.
D. City desires to engage Contractor to provide such janitorial services subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration ofthe promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1. 1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Los Alamitos Janitorial Services Proposal, dated January 4, 2022, attached hereto as Exhibit " A" (" Scope of Services" and/ or " Project Services"). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.
1. 1. 1 Contract Documents. This Agreement shall consist of the following: ( 1) the main body of this Agreement; ( 2) RPF No. 2021- 11, dated December 15, 2021; and ( 3) Contractor' s Proposal, Exhibit " A". Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority:( 1st) the main body of this Agreement; ( 2n1) the RFP, and( 3` d) Contractor' s Proposal. 1 1367754. 1
DocuSign Envelope ID: 07F6A61 A-463C- 43B2- 9383- F89DD55F3153
1. 2 Compliance with Law. All Project Services shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction. Contractor shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Contractor performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to comply with such laws, ordinances, resolutions, statutes, rules or regulations.
1. 3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Project Services. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor' s performance of the Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.
1. 4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor ( a) has thoroughly investigated and considered the Project Services to be performed, b) has carefully considered how the Project Services should be performed, and ( c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.
1. 5 Care in Performance of Project Services. Contractor shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components ofthe Project Services, and shall be responsible for all such damages, to persons or property, until acceptance ofthe Project Services by the City, except such losses or damages as may be caused by City' s own negligence.
1. 6 Non- Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
2 1367754. 1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153
2. COMPENSATION
2. 1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed five thousand two hundred and sixty- two Dollars ($ 5, 262. 00) per month. The maximum amount of City' s payment obligation under this Agreement is the amount specified in this section.
2.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within thirty( 30) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.
2. 3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally bind the Party for which he/ she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: ( a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/ or, ( b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor' s profession.
2. 4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3. 1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the Project Services to be performed by Contractor is an essential condition of this Agreement.
3. 2 Schedule of Performance. Contractor shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Contractor, extensions of the time period( s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.
3 1367754. 1
DocuSign Envelope ID: 07F6A61 A-463C- 43B2- 9383- F89DD55F3153
3.3 Force Majeure. The time for performance ofthe Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor ( financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten ( 10) calendar days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager' 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 as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of one ( 1) year, ending on February 28, 2023. Upon mutual written agreement of the Parties, the Agreement may be extended for up to two additional one ( 1) year terms through February 28, 2025.
4. COORDINATION OF PROJECT SERVICES
4. 1 Contractor' s Representative. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith: Pattie Patrick. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4. 2 City' s Contract Officer. The City' s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Contractor' s responsibility to ensure that the Contract Officer is kept fully informed ofthe progress ofthe performance ofthe Project Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf ofthe City required hereunder to carry out the terms of this Agreement.
4. 3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not 4 1367754. 1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 contract with any other entity to perform the Project Services without prior written consent of City.
If Contractor is permitted by City to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor( s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the performance of Project Services will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent 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. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.
4. 4 Independent Contractor.
4. 4. 1 The legal relationship between the Parties is that of an independent contractor; nothing herein shall be deemed to make Contractor a City employee. During the performance ofthis Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.
Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City' s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor' s officers, employees, or agents or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
4. 4. 2 Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
4. 4. 3 No City benefits shall be available to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or 5 1367754. 1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 sickness arising out of the performance of any Project Services. Iffor any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor' s officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.
4.5 PERS Eligibility Indemnification.
4. 5. 1 In the event that Contractor or any officer, employee, representative, agent, subconsultant or subcontractor of Contractor providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System( PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City against ( 1) all such claims and determinations, ( 2) for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, representatives, agents, subconsultants or subcontractors, and( 3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
4. 5. 2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any Project Services shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/ or employee contributions for PERS benefits.
5. INSURANCE
5. 1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor' s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5. 2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
5. 2. 1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance ( CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars 6 1367754. 1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 1, 000, 000. 00) per occurrence and Two Million Dollars($ 2, 000. 000. 00) in the general aggregate.
The policy shall not contain any endorsements or provisions limiting coverage for( 1) contractual liability, ( 2) cross liability exclusion for claims or suits by one insured against another, or ( 3) contain any other exclusion contrary to the Agreement.
5. 2. 2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance. Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence basis, covering Code 1 ( any auto), or if the Contractor has no owned autos, Code 8 ( hired) and Code 9 ( non- owned), with limits of no less than One Million Dollars ($ 1, 000, 000.00) for each occurrence covering bodily injury and property damage.
5. 2. 3 Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers' Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving all subrogation rights under its workers' compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers' compensation insurance policies. Contractor shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer' s Liability Insurance written on a per occurrence basis with limits of at least One Million Dollars ($ 1, 000,000.00) per accident for bodily injury or disease. Notwithstanding the foregoing, Contractor shall not be required to procure either Worker' s Compensation Insurance or Employer' s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.
5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating ofA-:VII or better( if an admitted carrier), or a current rating of A:X or better ( if offered by a non- admitted insurer listed on the State of California List of Approved Surplus Lines Insurers ( LASLI)), by the latest edition of A.M. Best' s Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund. In the event the City determines that the work or Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5. 4 Specific Insurance Provisions and Endorsements. Required insurance policies shall not be in compliance ifthey include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
7 1367754. 1
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5. 4. 1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:
5. 4. 1. 1 Additional Insured. The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out ofthe performance ofthe Agreement; and
5. 4. 1. 1. 1 Additional Insured Endorsements. Additional insured endorsements shall not ( 1) be restricted to " ongoing operations", ( 2) exclude " contractual liability",( 3) restrict coverage to" sole" liability of Contractor, or( 4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
5. 4. 1. 2 Primary and Non- Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to be primary, and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.
5.4. 1. 3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
5. 4. 2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty( 30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor' s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten ( 10) calendar days prior written notice. ( A statement that notice will be provided " in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)
5. 5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City' s sole and absolute discretion.
5. 6 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each ofthe insurance policies required by this section. Contractor shall promptly furnish, at City' s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage. 8 1367754. 1
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5. 6. 1 Required insurance policies shall not be in compliance ifthey include any limiting provision or endorsement that has not been submitted to the City for written approval.
5. 6. 2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.
5. 6.3 Renewal/ Replacement Policies. At least fifteen ( 15) calendar days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten ( 10) calendar days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies meeting all requirements of this Agreement.
5. 7 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
5. 8 Enforcement of Agreement ( Non- Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
5. 9 Insurance for Subconsultants. Contractor shall either: ( 1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Contractor as additional named insureds under the Contractor' s insurance policies; or ( 2) Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. Contractor shall not allow any subconsultant or subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.
5. 10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor and its subconsultants and subcontractors, if any, pursuant to this Agreement:
5. 10. 1 Contractor shall provide immediate written notice to City if( 1) any of the insurance policies required herein are terminated, cancelled or suspended, ( 2) the limits of any of 9 1367754. 1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 the insurance coverages required herein are reduced, or( 3) the deductible or self-insured retention is increased.
5. 10.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent ofthe policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
5. 10. 3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein ( e. g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
5. 10. 4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor' s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5. 10. 5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.
5. 10.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out ofthe work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend ( at Contractor' s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death,( collectively" Claims") in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and 10 1367754. 1
DocuSign Envelope ID: 07F6A61 A-463C-43B2- 9383-F89DD55F3153 attorneys' fees and other related costs and expenses.
Notwithstanding the foregoing, and only to the extent that the Project Services performed by Contractor are subject to California Civil Code Section 2782. 8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to claims that arise out of,pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor' s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct ofthat indemnified party.
7. REPORTS AND RECORDS
7. 1 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7. 2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.
7. 3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly 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 the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subconsultants and 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.
7. 4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance ofProject Services shall not be released publicly without the prior written approval ofthe Contract Officer. 11 1367754. 1
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8. ENFORCEMENT OF AGREEMENT
8. 1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws ofthe 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 Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8. 2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City' s consent to or approval of any subsequent act of Contractor. 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.
8. 3 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8. 4 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8. 5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty ( 30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.
Upon receipt ofthe notice of termination, Contractor shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Project Services rendered prior to receipt ofthe notice of termination and for any Project Services authorized by the Contract Officer thereafter.
8. 6 Termination for Default of Contractor.
8. 6. 1 Contractor' s failure to comply with any provision of this Agreement shall constitute a default.
8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any ofthe terms or conditions of this Agreement, he/ she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten ( 10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of 12 1367754. 1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions ofthis section shall not constitute a waiver ofany City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City' s right to terminate this Agreement without cause pursuant to Section 8. 5.
8. 6. 3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor' s liability for completion of the Project Services as provided herein.
8. 7 Attorneys' Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any nonjudicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys' fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiffor petitioner ofthe litigation or nonjudicial proceeding within thirty( 30) calendar days ofthe date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, " Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney( s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars 250. 00) per hour.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9. 1 Non- liability of City Officers and Employees. No officer or employee ofthe 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 ofthe terms ofthis Agreement.
9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry. 13 1367754. 1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153
10. MISCELLANEOUS PROVISIONS
10. 1 Notices. Any notice, demand, request, consent, approval, or 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 during normal hours of operation ofthe Party receiving the notice, or sent by pre- paid, first- class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two ( 2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE— JONCOWEST LLC.
To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA 90720
csimmons@cityoflosalamitos. org
With copy to:
Michael S. Daudt, City Attorney
Woodruff, Spradlin& Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
mdaudt@wss- law.com
To Contractor: Joncowest LLC
268 N. Lincoln Avenue, Suite 8
Corona, CA 92882
help@joncowest. com
10. 2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications ofthis Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10. 3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent ofthe Parties hereunder.
10. 4 Successors in Interest. This Agreement shall be binding upon and inure to the 14 1367754. 1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 benefit of the Parties' successors and assignees.
10.5 Third Party Beneficiary. Except as expressly provided herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third- party beneficiary or otherwise, upon any entity or person not a party hereto.
10. 6 Recitals. The above- stated Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10. 7 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (" Prevailing Wage Laws"). Contractor agrees to fully comply with all applicable federal and state labor laws ( including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
10. 8 Corporate Authority. Each of the undersigned represents and warrants that( i) the Party for which he/ she is executing this Agreement is duly authorized and existing, ( ii) he/ she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/ she is signing, ( iii) by so executing this Agreement, the Party for which he/ she is signing 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 the Party for which he/ she is signing is bound.
SIGNATURES ON NEXT PAGE]
15 1367754. 1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383-F89DD55F3153 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
City"
City of Los Alamitos
DoccuSig_ned by: /,,
By:
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3/ 29/ 2022 Shelley Hasselbrink
Mayor
APPROVED AS TO FORM. ATTEST:
Woodruff, Spradlin & Smart, APC
DocuSigned by:
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r—DocuSigned by:
By: hithALL> S. Vau.64 By: iln, wlt, Va main aV
Daudt 3/ 29/ 2022 Wincfinera Quintanar, MMC
City Attorney City Clerk 3/ 29/ 2022
Contractor"
Joncowest LLC
OocuSignedby:
pa{ c, Aavtdc
By. 6624AC i46o... Pattie Patrick 3/ 29/ 2022
Owner
pattiep@joncowest. com
r—DocuSigned by:
By: JD94199E Br84E1...
3/ 28/ 2022 Jahey a Jones
Chief Operations Officer( COO)
ji.patrick@joncowest. com
16 1367754. 1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Exhibit A
Scope of Services and Standard of Performance
17 1367754. 1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Response to Request for Proposals:
RFP 2021- 11 Janitorial Services for City Facilities
Los Alamitos
CatitoWitu
Submitted By:
Joncowest LLC
268 N Lincoln Ave
Suite 8
Corona, CA 92882
Contact Person:
Pattie Patrick, Manager
Phone: 424- 526- 6241
Email: help© joncowest. com
Date Submitted:
January 4, 2022
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 January 4, 2022
4411166.
Attn: Ron Noda
Development Services Director
City of Los Alamitos U"7JET
3191 Katella Avenue
Los Alamitos, CA 90720
RE: Janitorial Services for City Facilities
Dear Mr. Noda:
On behalf of Joncowest LLC ( Joncowest), I am pleased to submit this Proposal to the City of Los Alamitos.
Joncowest has assessed the needs considered the needs of the City and has created a team with the essential knowledge and experience required to carry out the scope of project and functions described. Joncowest ensures customers satisfaction and completion of projects through our transition plan and efficient communication.
This proposal highlights Joncowest' s years of experience, staff capabilities and provides references to a few of many satisfied customers. Additionally, our proposal' s submission is in accordance with the terms and conditions outlined in the Request for Proposal document and will remain valid for at least 90 days after the due date.
If any additional information is required about our firm or this proposal, please do not hesitate to contact Pattie Patrick. Pattie has the authority to bind Joncowest LLC to a contract with the City of Los Alamitos.
Best regards,
Pattie Patrick, Manager
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DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Ifigge
City of Los Alamitos
Janitorial Services for City Facilities
TABLE OF CONTENTS
Cover Letter
1 Table of Contents 3
B. Company Data 4
C. Proposal 5
Letter of Introduction 5
Firm' s Approach to Delivering the Scope of Services 5
Company Profile 8
Principle Office Location 8
Qualifications of Assigned Personnel 8
References 10
Cost Proposal 12
List of Personnel to be Assigned 13
Insurance 13
Attachment A: Cost Proposal Form 14
Attachment B: Resumes 14
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DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
B. COMPANY DATA
Official Firm Name and Address Joncowest LLC
268 N. Lincoln Ave Suite 8
Corona, CA 92882
Point of Contract Pattie Patrick, Owner
268 N Lincoln Ave Suite 8
Corona, CA 92882
Phone#: 424- 526- 6241
Email: hela( ioncowest.com
Type of Entity Limited Liability Corporation
Federal Employer I. D. Number 46-3329567
Firm' s Location 268 N Lincoln Ave Suite 8
Corona, CA 92882
Phone#: 424- 526- 6241
Ownership Statement Joncowest LLC is not owned by another company or individual
Number of Years in Business 46 years
All Current Comparable Contracts See Provided References I Areas of Specialization Government and Commercial janitorial services
Failure or Refusal to Complete a Contract None
Financial Interests in Other Lines of None
Business
Known Conflicts of Interest None
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DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
C. PROPOSAL
Lejtgr of introduction
Joncowest understands that transitioning to a new janitorial provider can be an undertaking filled with the unknown. We plan to formulate a plan which provides a seamless transition for the City of Los Alamitos.
Drawing on our years of experience in the janitorial industry, Joncowest will provide superior service on time and on budget. Our dedicated team has reviewed the scope of services, walked the job site, and has developed a comprehensive service plan which will go above and beyond the City of Los Alamitos expectations.
In the following pages, Joncowest will lay out our roadmap towards fulfilling the project RFP# 2021- 06. Our roadmap includes: Transition Plan, Staff Training, Equipment Training, and Quality Control.
t,rm's Approach to Delivering the Scope of Services
Transition Plan
Joncowest performs a Phase-In stage with each new contract. Our Project Manager will take several steps to ensure our familiarization with each site' s unique requirements and operations.
During the Phase- In stage we will develop schedules and protocols for the assigned team members
Preparation/ Start-up and planning will involve:
Contracting Meeting with Customer
Site Walk Through
Development of a Requirements Check List
Facility Condition Report covering any Pre- Existing Performance Concerns Site Specific Training for Cleaning Technicians and Supervisors Badging/Background processing
Contract Deliverables
Establishing Contractor Storage Space
Facility Condition Report ( current performance)
Safety Procedures
Security Requirements
Uniforms Including Required PPE
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DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 triNLAJ
City of Los Alamitos
Janitorial Services for City Facilities
Vendor/ Ordering Materials & Equipment/Training
Work Plan/ Orientation
The Phase- In stage is the key to our successful track record of providing exceptional janitorial services to government agencies and commercial clientele.
Staffing Training
While the executive staff of Joncowest are working with the City of Los Alamitos to provide a seamless transition of services, our Human Resources team will be working on training our staff, so they are ready to begin work fully prepared on day one.
Joncowest training consists of:
Basic Office Cleaning — Detailing the systematic steps to daily office cleaning covering, desk servicing, trash removal, general dusting, and floor care. This includes viewing training media and demonstrations of the proper techniques to use. Emphasis is on quality cleaning, proper product use, and safety.
Disinfectant Surface Cleaning — Detailing the systematic steps to daily surface cleaning covering desk, cabinets, phones, tables, appliances, fixtures, door handles, and sinks.
Ground Rules for Professional Custodians — Enforcing the establishment of a professional attitude in all custodial workers includes the instilling of pride in workmanship and total awareness of our quality requirements. Also the strategic approach in focusing on the "do's and don'ts" in such areas as personal conduct, security, cleaning techniques, customer relations, building mechanical controls, energy conversation, and work patterns are highly emphasized.
Specific Contract Training — Each contract and location is unique within itself.
Inclusive in our training is a customized training program for specific requirements in the contract from cleaning task to security and safety requirements. We also address government furnished property, tenant missions, physical security, fire and traffic regulations.
Basic Rest Room Cleaning — Proper procedures for cleaning, disinfecting, and servicing of fixtures and accessory items found in all rest rooms are covered in great detail including viewing recorded with a demonstration of the proper techniques. Again, emphasis is on quality cleaning, proper product use, and safety.
Daily Floor Maintenance — Covering basic procedures to care for both carpet and tile floor surfaces using such techniques as micro flat mop dusting, spray buffing, wet flat mopping and damp flat mopping, and HEPA vacuuming as requested per the RFP 2021- 06.
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DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Material Training
All newly hired employees will be required to attend our standard orientation/training as part of our hiring process. This training includes specific training on use of specialized equipment, supplies, and chemicals and is provided in partnership with our supply vendors, who by request can be physically on-site to assist in this training.
The success of this training will produce the following:
Introductions to cutting- edge technologies designed to improve cleaning standards while reducing labor cost and hazards
Installation of safer work practices that will comply with the City of Los Alamitos required measures of duties & responsibilities per the RFP# 2021- 06 Trained Staff Members who will continually self-evaluate their work, ensuring that the results are reachable and satisfactory
Equipment Training
Equipment maintenance begins with the equipment operator. Each operator is trained in the proper use and care of equipment. Equipment that will be assigned to this contract complies with all Government safety standards. Included in each operator' s job description is the requirement to clean and maintain the equipment after each use.
Inspection of the equipment' s condition and cleaning of the equipment after each use is incorporated into our Quality Control Inspection Program. The Crew Leader incorporates the inspection of equipment into their daily responsibilities.
All equipment and tools provided by Joncowest shall be heavy-duty commercial grade equipment for performance of the City of Los Alamitos needs. Equipment showing signs of wear to the extent that a task cannot be performed will be promptly replaced.
All equipment shall have bumpers and guards to prevent marking or scratching fixtures, furnishings, or building surfaces. Electrical equipment used by Joncowest shall be UL approved, meeting OSHA requirements, and all other safety requirements as specified in RFP# 2021- 06.
Quality Control
Joncowest's traveling supervisor will be responsible for ensuring that our high cleaning standards are met. Our Supervisor will employ the following Quality Control process:
Inspections: Facilities will be inspected on a regular schedule, along with weekly unannounced inspections. Using customized quality control inspection reports, the Supervisor will review the cleaning staffs work and note all findings. 7
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Deficiency Correction: Any deficiencies found during the inspections are listed on the quality control reports. These deficiencies are corrected through employee coaching and training. Once the deficiencies have been corrected, the Supervisor documents the steps taken to correct the problem and the report is forwarded to the Project Manager for review.
Process Improvement: The Project Team will review the quality control reports monthly to identify the root cause of any repetitive deficiencies and changes to the Joncowest training process, if necessary leading to remedying these deficiencies.
leompany Profile
Jonwest is certified with the Women' s Business Enterprise National Council (WBENC) and California certified Small Business that has been actively engaged in providing residential and commercial janitorial services since 1975. Joncowest is a domestic LLC business entity that is registered with the California Secretary of State.
Located in Corona California, Joncowest offers a wide range of professional cleaning services for commercial and industrial locations. Our dedicated project team has decades of janitorial and facilities maintenance experience. Here at Joncowest we have a documented history of providing similar scopes of work to those outlined in the City of Los Alamitos' RFP # 2021- 06.
Joncowest has serviced over 20 million square feet of commercial space while adhering to the highest industry standards pertaining to safety, biohazards, sanitation, Covid- 19 mitigation protocols, green cleaning, and customer service. Through our extensive training program and on- boarding process, Joncowest educates our employees on optimum cleaning standards that we apply to each opportunity we have to service out clientele.
rincip e Office Location
Joncowest will provide the janitorial services outlined in this solicitation from our Corona California facility.
alificat of Assigned Personnel
Proposed Project Team
8
DocuSign Envelope ID: 07F6A61A-463C-43B2-9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Pattie
Patrick
Project Manager
Elsa Jones
a -
Customer Relations
ployee Manager Supervisor
Brandi
Shift Supervisor
ant oria anttoriaa Janitorial
Staff Staff Staff
Pattie Patrick, Project Manager
Ms. Patrick will be responsible for the management of personnel, company assets, resources, health and safety protocols, training, coaching, and motivation of leadership staff.
Iris Martinez, Employee Manager
Ms. Martinez will be responsible for identifying and assigning Joncowest staff to the City of Los Alamitos RFP # 2021- 06. Ms. Martinez will assist in the overall direction, coordination, and evaluation of staff engaged in cleaning and maintaining the City of Los Alamitos locations.
Elsa Jones, Customer Service Supervisor
Ms. Jones will work with the City of Los Alamitos with regards to Joncowest policies, practices, and programs regarding safety. Ms. Jones will monitor all safety concerns and report any findings to the City of Los Alamitos Project Manager.
Ms. Jones will also oversee Joncowest' s
facility staffing, employee relations, equal
opportunity acts, and health and safety policies and practices to ensure that all applicable provisions of federal and state labor laws including the maintenance of necessary files are adhered to.
9
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Brandi Jones, Shift Supervisor
Ms. Jones will be the Shift Supervisor and will provide janitorial staff leadership to manage the City of Los Alamitos. She will ensure that Joncowest' s high cleaning standards are being met and all quality control documentation is completed and archived. Ms. Jones will also conduct quality control inspections, facility equipment inspections, and will ensure that the facility is properly maintained. When deficiencies are discovered, she will report them to the proper project contacts.
Full resumes provided as Attachment B
Reference 1: Walmart Fulfillment Center
Walmart Fulfillment Center
Multiple Centers: 8103, 7049, 8799, and 6561
Contract 10/ 15/ 2018 to present
Dates:
Contact: Randall Bishop
Facilities Manager
6720 Kimball Ave
Chino, CA 97108
Phone: ( 909) 313-3116
Reference 2: City of Santa Barbara
City of Santa Barbara
s Property Address: 1221 Anacapa Street
1 Santa Barbara CA 93101
I
J
Contract 06/ 13/ 2020 to present
Dates:
Contact: i Dion Tait, Supervisor
Facility Maintenace
1221 Anacapa Street
Santa Barbara, CA 93101
Phone: ( 805) 564- 5657
10
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 City of Los Alamitos
Janitorial Services for City Facilities
Reference 3: City of Pasadena
City of Pasadena
Property Address: 100 N Garfield Ave
PA lADENA
Pasadena, CA 91101
Contract 05/ 16/ 2020 to present
Dates:
Contact: Michael Woolson, Management Analyst
City of Pasadena
100 N Garfield Ave
Pasadena, CA 91101
Office: ( 626) 744- 7359
Reference 4: California Highway Patrol
California Highway Patrol Inland Division Air Operations 3 Sacramento, CA 95811
Contract 04/ 01/ 2020 to present
Dates:
Contact: Lila Peranteau, Office Technician
California Highway Patrol
601 North 7th Street
Sacramento, CA 95811
Office: ( 760) 240- 8004
11
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 alre
City of Los Alamitos
Janitorial Services for City Facilities
Reference 5: California Department of Motor Vehicles
California Department of Motor Vehicles
SYlIE( 1fv`MiWhfb
Multiple Locations: Victorviile, Barstow, & Needles
3r+" N( hi iw ihr 4f vinatia
Contract 01/ 01/ 2020 to present
Dates:
Contact: Victoria Prevost, SSM 1
California DMV
2415 First Ave
MS F106
Sacramento, CA 95818
Office: ( 916) 657- 8772
Proposal
Section F: Proposal Schedule is provided as Attachment A. Below are the hourly rates for each service category:
Janitorial Staff
Team Member
26. 50 hourly rate includes blended rates
8 hours nightly
40 hours weekly
172 hours monthly
Project Manager/ Upper Office Staff
30. 60 hourly rate includes blended rates
5. 3 hours weekly
23 hours monthly
12
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 ioVEST
City of Los Alamitos
Janitorial Services for City Facilities
ofPersonnel to be Assigned
The specific staff that will be assigned to each site are:
Site On-Site Personnel
City Hall 1 Ivan Perez
City Hall 2 Ivan Perez
City Council Chamber Ivan Perez
Community Center Ivan Perez
The Youth Center Cloys Jones
Public Works Break Room Cloys Jones
Public Works Garage Cloys Jones
Preschool Building Cloys Jones
Joncowest has reviewed the insurance requirements set forth by the City of Los Alamitos, RFP # 2021- 06 and affirms that they can provide requested proof and documentation as described and said insurance will be in force at the time of contract execution.
13
DocuSign EnvelopeiD: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Jc1 p
City of Los Alamitos
Janitorial Services for City Facilities
ATTACHMENT A: COST PROPOSAL FORM
ATTACHMENT B: RESUMES
14
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153
SECTION F
PROPOSAL SCHEDULE
REQUEST FOR PROPOSAL( RFP) 2021- 06
TRAFFIC SIGNAL MAINTENANCE SERVICES
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
DESCRIPTION OF CITY SQUARE FREQUENCY UNIT
FACILITY FOOTAGE PER WEEK PRICE
CITY HALL 1 2, 280 5 830. 00
CITY HALL 2 2, 256 5 830.00
CITY COUNCIL CHAMBER 1, 920 5 275. 00
COMMUNITY CENTER 8, 956 5 1350. 00
THE YOUTH CENTER 3, 419 5 717.00
PUBLIC WORKS BREAKROOM 1, 800 5 450. 00
PUBLIC WORKS GARAGE
OFFICES
1, 600 5
380.00
PRESCHOOL BUILDING 1, 100 5 430.00
TOTAL $ 5262. 00
The Company shall be responsible for calculating and providing unit prices for the schedule. The Proposal Schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.
Proposal Schedule Total: $ 5262 Q0
Proposal Schedule Total( in word): Monthly proposal schedule of five thousand, two hundred and sixty two
dollars and zero cents.
Joncowest 1/ 3/ 2022
Company Name of Proposer Date
Request For Proposal 2021- 11
JANITORIAL SERVICES FOR CITY FACILITIES 2021
City ofLos Alamitos
261Page
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 Pattie
Patrick
Facilities Manager
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SKILLS
Multitasking, Bitting, Accounts Payable& Receivables. Procurements, Bidding. Estimates. Payroll. Bookkeeping. Proficiency In MS Office and Outlook. Manages vendor relationships and trains. Conducts finals analysis, Ability to lead. Negotiates major projects..
EXPERIENCE
JoncoWest. Eastvete. California- Executive Manager
Arrr: 24115 PRESENT
Responsible for all operations. acting as contact for all staff, prospects. community organizations, government agencies and the pubic.
Supervises. directs. and motivates staff
Develops annual operating and capital budgets. Aggressively anticipates and minrmzes negative budget variances and deficits.
Fresh Start. Corona. California • Housekeeping Manager
5.; pten' ber 2012 Ccrihai 2014
Handle all work schedules and manage open positions.
vacations and absenteeism to ensure that all work is completed per statement of work.
Inspects customer accounts to verify quality of work and compliance with site specific procedures and customer' s statement of work,
EDUCATION Ohio State University. - AS in Business Managrnrnt Any' 15 3? C.:a n--r: 1036
Acquired proficiency in communication. entrepreneurship, finances. and data sciences and operations.
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 3 ElsaJones ISSN SmartbtrdAwntura. FE33160 460$ UZ onoormestcom EXPERIENCF.
EDUCATION
joncoWest LLC, Corona, CA— Human
Resources Recruiter A. • Columbus State, Industrial relations S'° tam+ athdtt Itri+ itl SSQ E. Street, tunbusOH 4321S n t,* t p . terc.; tCK'
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S+ = ti F t":fit rcloc tieni7 ti,Ipbr;ecwlutes
c 1 ntE' tT _: N th. tint. s. ternpen vat us. l'Crrelit,:
SKILLS
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l . d'a a fir: Opte rt KititnasanJ einumunieattousi: ieFA tttirristrative ta. k Pro cttw`ity.
t= ernrr: st:jnt .-hi.* etestalunntur,, rofrs,
ndviitn,^Levels
Pbuff Industries, Los angeles,CA—
Human Resources
1" A
Implemented effective ttR policies to ensure all
Practices are in en n$ L n u with Later and
empiosIItent regstlation%
Perform t«cereal ttdmtnigratite casks, Document
C rcat ten, and answrnng phone
Fat tictateetnpk rrperformance anti trove,,+°
quanerfv and annually
Walt with difficult staffing dun* including
undo— vatting, ttnttg, deurpintary proceduresarr1
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 JzJ. irk Martine7 130S1 Retsina Awe. Unit f27 Chino. CA. 91710 ( 9091242. 2621 Irismartiner197E. imegmail. com
Ability to train and supervise Janitorial. Sanitation and Facikties techrtioans Engages In Facility strategios and partners up with a* forty stakeholders to ensure execution is accomplished High Ted CapaatyF. Good Time Management and organizational skits. Leadership and Problem soivi ng skids. Strong analytical skills. Safety minded and able so mutt-task Proactive instead of reactive Strong communication stue and Btnguat in Spanish l) rriclice
Ayrt2019- PRESENT
Rummest. Walmart Fulfillment Center- t?Jkrtriious tferu{,rr Scheduling ant/ oversecang all man:enance-related work by managing a learn of maintenance technicians and janitors
Oversee and direct maintenance
Marhtan and coordinate scheduled and unscheduled staff.
March 2010- Pore 2029
jack in.the Box Inc Chino Caiiforrina- Sfiij?. 5urper riser Lead the team members in achieving the shift targets according to franchise standards r e safety. food Quality. sarntafwn. cleanliness. and customer serwcel Performed admrnstratwe duties in the areas of cost control, cash handling and the completion of a required report for your shift
Perform administrative duties in the areas of cost control. cash handling and the oo+nptetan of a required report for your shift,
October 2000- Norember ZOOS
Mkgonaid' s Inc. Southern California- foistedt ifedeg r Oversees the people. processes, and operations for store location Establishes and reviews un t. specdc performance targets in guest service Trains coaches, and supports managers through planning, goal salting and utilizing waoess rouores.
May 2006- key 2000
Chian Canew. 51197 College Pad/: b roue Claim CA91711-. Ltu/rirtesn(. Irk( LI) Concentration on English and Psy hotogy
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 r Cloys Jones
Cloys Jones
13156BaderSwings Drive
Rancho Cucamonga. CA 91730
Skills Excellent verbal and wntton communicator slues. Ability to speak effectively before groups or customers or empkriees of organizations.
Afihty to read and Interpret documents such as; safety rules. operating and maintenance instructions and procedure manuals. Abikly to write routine reports and corespondents. Intennediaae Microsoft Surto computer skills required.( Word: Excel. PowerPoint. Preyed. etc.) Experience Joncowest/ Facilittgs Manager
May 2018- PRESENT. Chino. Califarnla
Selects and assigns stag, Maintains records, prepares reports. and composes correspondence relative to the work Evaluates and verifies employee perlbrrnance. Train and supervise Janitorial. Sanitation and Facilities technicians.
Jonce Chemical Campeau/ Floor Manager
April 2010• Tore 2018. Cokenbus. Ohio
Safely and efficiently operated equipment through proactive preventive maintenance. Monitor the maintenance and upkeep of all mechanical equipment. Ublizes various equipment for suubdng. buffing and waxing floors. Performed minor repairs as may be required.
OAtlas Commercial/ Janitorial Manager
May 2000. October 2010.Columbus Ohio
Working Supervisor, Sweeps. vacuums, mops. scrubs. waxes and polishes floors using industrial vacuum cleaners and scrubbing and buffing machines.
Education
Columbus State Community College/ Business Management
Cert.
March 2008- December 2008. Columtxis. Ohio
organizational management
Organizational Behavior
Marketing
Accounts
Human Resource Management
DocuSign Envelope ID: 07F6A61A- 463C- 43B2- 9383- F89DD55F3153 11p BRANDI. ONES
7li)4o6-1013 BrandUtj gmaitcont
130 Valley St Pasadena, CA 9000E
Experience:
WALMART DISTRIBUTION( SUPERVISOR)— 11120- 03120 LOS ANGELES To get severed M performance management of associates( e.t adalees1 atevol. lateness, returns to work. met
To salve and manage aafcnrr issues es they ads* and refer to the weir manageress team when necessary
To Assist in the development and retention of an effective lean To ensw goal housekeeping is maintained awugtwu at areas in the store. and to conenunrcate non the minor management loam in case an incident happens
To conntmrrcade watt Me ma ageareent tram on a defy bears with information regarding peraa+net product and procedure*
STAPLES( SHIFT SUPERVISOR)— 04/ 17 - 03/20 LOS ANGELES, CA Creates a work environment that promotes saanv* vvk• recognition. mutual respect and ampioyea satisfaction
Moines Pit Manager andtor Shutt Manager ervrodiaiey of any unusual activity of high inlet play Corded* and dress tames an progress by mowing and proving assistance and dealer correction Provides and monitors on,Me job tralemp for Madera to ensure staff receives adequate guidance. resources., and information for adequate lob performance Provide recognition anti improvement cosectti g' s for Team Members in aemrdanoewith company policy Provide lop level Customer service by answering questions, resolving deputes and Ming requests TUESDAY MORNING( SUPERVISOR)--- 07/ 14- 02/ 17 DALLAS, TX Acts as store manager in the absence of the Manager and Astdstark Manager Develop and retain talented employees, by recognising and rewording performance though montNy developrnmkt piano and areour performance_ reviews
Perform good customer service by assisting customers in person or on the phone. Provide information to customers on current nt product features and semen
Asset Store and Assistant Managers ri managing at peraorinet, product and merchandising baedooeea.
Marietta proazsses and done results
Attends rreWcenter management meetsgs in the absence of the General Manor' i associate Manager Assam* with daily management reaponsibables of the store Assist in recruiting. waiving and dovetailing Saks Asaodahas Education — University ofAustin 2012. 2016- Bachelor of Science Skills
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City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 15, 2022 ITEM NUMBER: 11G
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Rejection of Bids for Requests for Proposals (RFP) 2022-02 Sterns Park Improvement Project
SUMMARY
Bids for Requests for Proposals (RFP) 2022-02 Sterns Park Improvement Project were opened on July 6, 2022. Two bids were received. One was nonresponsive and the second surpassed the appropriated budget, which took into account design, construction and inspection. As a result, staff is recommending the rejection of the submitted bids.
RECOMMENDATION
Reject all bids received for Requests for Proposals (RFP) 2022-02 Sterns Park Improvement Project.
BACKGROUND
Sterns Park is a neighborhood park located at 3871 Farquhar Avenue and is approximately 16,500 square feet (0.38 acres). The playground structure was last updated in June 1997.
Parks and playgrounds are important to establish and maintain the quality of life in a community, ensuring the health of families and youth, and contributing to economic and environmental well-being. Playground equipment typically has a service life of twenty years and the current equipment at Sterns Park was installed in 1997, making the play structure 25 years old.
The proposed design will not only update A.D.A. and safety aspects of Sterns Park but transform the park into an all-inclusive park that will allow all children to play. The objective of the City is to secure a timely, consistent, and cost-effective agreement where the selected firm will render design plans and specifications, project and construction management and inspection services. In order to secure a qualified firm to provide the described services, a Request for Proposals (RFP) was prepared to seek bids from qualified firms.
DISCUSSION
At the time of bid opening on July 6, 2022, the City received two proposals in response to RFP 2022-02 Sterns Park Improvement Project. The first bid from Hirsch & Associates, Inc. is deemed unresponsive as it did not provide all the information required by the RFP. The second bid was received from Willdan Engineering, in the amount of $327,908. Based upon the bids
received and in consideration of the anticipated cost for the construction portion of this project, the City does not have the budget to proceed with the project as originally identified.
Staff is recommending the rejection of the bids at this time. A revised RFP will be brought back to Council for consideration at a later date.
FISCAL IMPACT
None.
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 15, 2022 ITEM NUMBER: 12A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Economic Development Plan Phase II
SUMMARY
This item presents for Council's discussion various economic development programs designed to enhance Los Alamitos' economic sustainability and growth.
RECOMMENDATION
1. Discuss economic development program; and,
2. Authorize Staff to utilize American Rescue Plan Act (ARPA) funds for the proposed economic development programs.
BACKGROUND
Businesses are continuing to recover and regain sustainability through employee retention, market spotlight, and strategies to bring customers through their doors. Staff has proposed continued and emerging economic development programs to support local businesses and stimulate local shopping.
DISCUSSION
As part of the Economic Development Plan Phase II, Staff will relaunch some of the successful programs from the past year and introduce innovative strategies to invest in new programs designed to help local businesses. Through these efforts, the goal is to enhance economic sustainability and strengthen relationships with local businesses. The following programs are proposed to occur during the next six months:
Business Spotlight
The Business Spotlight Program will continue to run as it recognizes and gives special attention to local businesses who might otherwise be unknown by residents. The design of the program will consist of regularly scheduled short videos showcasing the location of the businesses, providing an inside peak into the operation and interaction of the business in the community. Additionally, the video will present an on-camera experience for viewers to meet the business owner through an interview-style rapport conducted by Staff. The video will be featured on the City's social media outlets, including Facebook, Instagram, and YouTube Channel.
Good Morning, Los Al!
This program will return this fall, by popular demand, after it was offered in the spring of 2021.
The informal morning gathering is an exclusive opportunity for residents, business owners, and community members to engage with Staff, including the City Manager and Directors. Guests will learn more about programs and services offered throughout the City. The event is limited in space and will require pre-registration at no cost. Complimentary breakfast and coffee is included with attendance.
Los Al Bucks Program Round 2
The Los Al Bucks Program will also return for a second installment after a successful pilot program. The program will once again help promote local shopping and investment in the community as it will be exclusive to Los Alamitos residents. Each household, within the city limits, will receive $50 in Los Al Bucks to spend at eligible Los Alamitos businesses. Each Los Al Bucks will contain a specific seal and serial number to avoid fraud. Eligible Los Alamitos businesses who are interested will be required to submit an application which discloses the criteria for eligibility, such as ensuring that the participating businesses carry a valid business license, a conditional use permit, free of outstanding violations and other restrictions.
Businesses ineligible to participate include cannabis-related businesses, gas stations, homebased businesses, online food delivery services and liquor stores. Los Al Bucks are not redeemable for cash and shall be utilized within the established program period. Participating businesses will be required to maintain appropriate record keeping, such as submitting a reimbursement form attached with the Los Al Bucks collected and corresponding line item receipts.
Elevate Los Al
This business development program will consist of a series of workshops designed to assist local businesses and independent entrepreneurs. The discussion topics will range from information and tips on improving their marketing plan, access to resources for growth from newly started businesses to long-standing staples in the community, utilizing technology for improved outreach, employee attraction and retention strategies, and building the nexus between business and the City.
Los Alamitos Night Market
As a stand-alone event, the Los Alamitos Night Market will occur every Saturday evening from 5:00 p.m. - 9:00 p.m. on Pine Street starting this fall. The purpose of the Night Market is to continue the City's commitment to activate Pine Street via live entertainment, vendors, open food and drinks, local artists, handmade vendors, family activities, and partnership with local businesses. The City is currently working to finalize an agreement for professional services with an independent contractor who specializes in farmers' markets and has experience working with similar jurisdictions such as the City of Long Beach, City of Huntington Beach and City of Bellflower. The goal is to conduct the Night Market every Saturday evening throughout the course of the year to build consistency and interest from residents and surrounding communities to draw more attention to local shopping and dining opportunities in town.
Parklet Series
The parklet will return to Pine Street again and is being proposed around the idea of designating an open space for outdoor functions, to heighten community connection, and to promote local business activity. The parklet will be located on Pine Street between Catalina
Avenue and Katella Avenue. The location is within city-owned parking spaces with a total area of 16’ x 100’ and will include designated spaces for (1) a children's play area, (2) a spectator seating area, (3) an area for a stage for a band, and (4) an eating area. Events such as outdoor movie nights, concerts, and family nights out will be held to further attract the community to shop and eat locally. The Night Market will serve as a stand-alone item and will already be scheduled through the duration of the Parklet Series.
Commercial/Residential Beautification Program
This program will be offered as a partial reimbursement for Los Alamitos businesses and single-family home owners seeking to make structural and aesthetic improvements to their business or home. The program will be structured as a tier-based system with appropriated caps for how much each applicant can qualify with up to 50% reimbursement from the City while meeting the required criteria. Additionally, applicants will be encouraged to purchase supplies locally to maximize the opportunity to support local and shop local. The purpose of this program is to encourage business owners and home owners to make improvements to increase property value while enhancing the appearance of the City. Staff will be bring this item back to the Council at a future meeting to request authorization for program funding.
FISCAL IMPACT
The breakdown of costs for each of the aforementioned economic development programs for the first half of fiscal year 2022-2023 (July to December) is provided below. The City is in receipt of funding from the American Rescue Action Plan Act (ARPA), which will serve as reimbursement for the described initiatives:
Business Spotlight - $0
Good Morning, Los Al! - $5,000
Los Al Bucks Round 2 - $275,000
Elevate Los Al - $1,000
Los Alamitos Night Out - $4,000
Total Estimated Cost - $285,000
Staff will return to present to Council at a future meeting to request funding for the second half of the Economic Development Program Phase II.
Attachment: None
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 15, 2022 ITEM NUMBER: 13A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Comprehensive Update of the City’s Housing Element for the Reporting Period of 2021-2029
SUMMARY
Council will consider approval of a draft comprehensive update of the City’s Housing Element for the reporting period of 2021-2029 and adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA).
RECOMMENDATION
1. Open the Public Hearing and take testimony; and,
2. Adopt Resolution No. 2022-20 entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION, AND APPROVING GENERAL PLAN AMENDMENT 21-01, UPDATING THE LOS ALAMITOS HOUSING ELEMENT (2021-2029).”
BACKGROUND
State Government Code Section 65300 requires cities to adopt a General Plan to guide long-range development of their communities. The General Plan includes seven (7) mandatory elements including land use, circulation, conservation, open space, safety, noise and housing. The Housing Element must be updated every eight years and is reviewed and certified by the State. State law requires that each Housing Element accommodate and facilitate development of housing to meet a city’s fair share of housing needs. The Housing Element must also address the housing needs of special needs groups, mitigate potential constraints or barriers to housing, and contain a plan of how the city intends to meet its housing needs. Tonight, Council will consider a resolution of approval for the draft comprehensive update of the City’s Housing Element and California Environmental Quality Act (CEQA) documents for the reporting period of 2021-2029.
The 2021-2029 General Plan Housing Element will set strategies for Los Alamitos’ housing decisions. The City submitted a draft to the State HCD on November 30, 2021. On December 31, 2021, the State of California Housing and Community Development (HCD) Department sent the City its review letter concerning the submitted draft. Their review explained that the City’s draft Housing Element addressed and satisfied many statutory requirements; however, revisions were still necessary to comply with State Housing
Element Law (Article 10.6 of the Gov. Code). City staff revised the draft document in response to comments from the HCD and made those revisions available for public review on the City’s website from March 3 through March 23, 2022.
The Housing Element was approved by the Planning Commission earlier this year in April, and then submitted to the City Council for consideration during the May 16, 2022 Council meeting. During this process, various property owners requested to withdraw their properties from consideration for a change of zoning to residential. Alternate properties were identified and through negotiations were ultimately selected for a change of zone to residential.
The draft Housing Element was brought for consideration to the Planning Commission at the July 27, 2022 meeting, where it was unanimously approved for recommendation for approval by Council. If tonight's draft Housing Element is approved by Council, the draft Housing Element will be returned to the State Housing and Community Development Department for certification.
DISCUSSION
The City continuously seeks input from community members, businesses, property owners, and neighboring cities to assure participation during the City's Housing Element process.
Citizen participation is an important aspect of this process as it establishes the needs of the community from the grassroots level. The public was notified of various meetings and of two separate review periods by mail, social media, website, email blast, and an advertisement in the Event News Enterprise. Tonight’s public hearing is another opportunity for those in the community to review and comment on the latest draft Housing Element.
Priorities, goals, and objectives are established in the Housing Element and then used in planning for future housing in Los Alamitos. The City provides this information to the State HCD through the Housing Element document and reports the progress made to HCD annually.
Housing Element
The Housing Element is organized:
Section 1 - Explains the purpose, process and contents of the Housing Element. Section 2 - Describes the demographic, economic, and housing characteristics of Los Alamitos, as well as the existing and projected housing needs, and outlines the Regional Housing Needs Allocation (RHNA) provided by the State. The RHNA numbers for Los Alamitos are below:
Fair Share Housing Needs Allocation
Section 3 - Analyzes the potential and actual governmental and non-governmental constraints current to the maintenance, preservation, conservation and development of housing, and analyzes the potential housing resources of the City. Section 4 - Describes specific policies and programs the City will carry out over the Planning Period to address the City’s housing goals.
If the draft Housing Element is approved by Council, the City is in-line to meet the State required housing units shown above by 2029. The density of the recommended Town Center Mixed Use, R-4, and R-5 zones will permit the development of housing units which assist the City in meeting its required fair share of the State’s RHNA housing numbers.
FISCAL IMPACT
None.
Attachment: 1. Resolution No. 2022-20
RESOLUTION NO. 2022-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS ALAMITOS, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION, AND APPROVING GENERAL PLAN
AMENDMENT 21-01, UPDATING THE LOS ALAMITOS
HOUSING ELEMENT (2021-2029)
WHEREAS, the State Housing Element Law, Article 10.6 of the California Government Code (Sections 65580 et seq.) requires each local jurisdiction to update its General Plan Housing Element every eight (8) years to reflect new statutory requirements and accommodate its share of the Regional Housing Needs Assessment Allocation (RHNA); and,
WHEREAS, the City of Los Alamitos prepared General Plan Amendment 21-01, an update to the Housing Element for the 2021-2029 period in accordance with the guidelines and requirements of State Housing Element Law; and, WHEREAS, the City conducted extensive community outreach efforts through social media ads and posts, newspaper advertisements, and mailings to stakeholders; and,
WHEREAS, the Planning Commission conducted three (3) community workshops on August 25, 2021, October 27, 2021 and March 23, 2022 to solicit public input, and review the 2021-2029 Housing Element and the City’s strategy for preserving the community’s character while expanding housing opportunities for all household types and income groups; and,
WHEREAS, the City submitted the Draft Housing Element to the California Department of Housing and Community Development (HCD) for review on November 30, 2021. HCD provided formal written comments on December 31, 2021; and, WHEREAS, the Draft Housing Element has been revised to address public input and HCD’s comments; and,
WHEREAS, concurrent with the update to the Housing Element, the City prepared a Negative Declaration for the project noted above. The Negative Declaration is based on the finding that, by implementing the General Plan EIR Policies and Implementation Programs, the Project’s potential significant adverse impacts are at a less than significant level. The reasons to support such a finding are documented by an Initial Study prepared by the City of Los Alamitos. A copy of the Negative Declaration is attached hereto as Exhibit B; a full copy of documents constituting the entire file on the Negative Declaration is available for review at the City of Los Alamitos Community Development Department, 3191 Katella Avenue, Los Alamitos, California; and,