City Council Regular Agenda
July 17, 2023
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 adopt 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.
Agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5) will be made available for public inspection at the meeting. Such documents will also be available at the City Clerk's office, 3191 Katella Ave., Los Alamitos, CA 90720.
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (562) 431-3538, ext. 220. Notification at least 42 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II]. Language translation services are available for this meeting by calling the City Clerk’s Office least 42 hours in advance If you are unable to attend this meeting in person, 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 “COUNCIL PUBLIC COMMENT”. Comments received by 3:00 p.m. they day of the meeting 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. You may also view the meeting live on local cable channel 3.
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.
CITY OF LOS ALAMITOS
Council Chamber
3191 Katella Ave., Los Alamitos CA 90720
CITY COUNCIL AGENDA
REGULAR MEETING
Monday, July 17, 2023 – 6:00 PM
1. CALL TO ORDER
2. ROLL CALL
Mayor Doby
Mayor Pro Tem Nefulda
Council Member Hasselbrink
Council Member Hibard
Council Member Murphy
3. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Nefulda will lead the Pledge of Allegiance.
4. INVOCATION
Council Member Hasselbrink will give the Invocation.
City Council Regular Agenda
July 17, 2023
5. PRESENTATIONS
A. Presentation of a Plaque to Senator Janet Nguyen in Recognition of Being Named Legislator of the Year
B. Presentation of Certificates to the Women of Distinction from the State Senate, District 36
C. Presentation of a Certificate to Theresa Murphy, Executive Director of Precious Life Shelter in Recognition of Being Featured in the Mayor's Business Spotlight
D. Presentation of an Award to Clarissa Graves in Recognition of Being Named the Los Alamitos Police Department's Citizen of the Year E. Presentation of an Award to Corporal DeAngelo Gossett in Recognition of Being Named the Los Alamitos Police Department's Officer of the Year F. Badge Pinning Ceremony for Officer Jesse Lopez
G. Badge Pinning Ceremony for Corporal Daniel Kim
H. Badge Pinning Ceremony for Corporal DeAngelo Gossett
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.
7. UPDATES FROM THE MAYOR
At this time, the Mayor may report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken.
8. UPDATES FROM THE CITY STAFF
At this time, City Staff 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.
9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from June 1, 2023 to June 30, 2023.
Recommendation: Ratify the Warrants for the period June 1, 2023 to June 30, 2023 in the amount of
$1,550,347.65.
Roll Call
Mayor Doby
Mayor Pro Tem Nefulda
City Council Regular Agenda
July 17, 2023
Council Member Hasselbrink
Council Member Hibard
Council Member Murphy
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.
A. Approval of Minutes (Administration)
Approve the City Council Regular Minutes of June 20, 2023.
B. Award of Janitorial Services Agreement to Base Hill Inc., for Janitorial Services at City Facilities (Development Services)
On May 22, 2023, staff received and reviewed bids to the City’s Request for Proposals (RFP) 2023-02 for janitorial services for specified City facilities including City Hall 1, City Hall 2, the Council Chamber, the Public Works Garage, the Public Works break room, Community Center, Youth Center, and the Preschool Building.
This item seeks award to Base Hill, Inc., in accordance with the fee schedule noted herein.
Recommendation:
1. Award the bid for RFP 2023-02; and,
2. Authorize the Mayor to execute the Janitorial Services Agreement with Base Hill, Inc. for janitorial services in an amount not to exceed $69,719.88 annually, for an initial term of two (2) years.
C. Designation of Voting Delegate and Alternate for the League of California Cities’ 2023 Annual Conference & Expo (Administration)
The League of California Cities Annual Conference & Expo will be held in Sacramento, California from September 20-22, 2023. 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.
Recommendation:
1. Appoint Mayor Tanya Doby to serve as the City’s Voting Delegate for the League of California Cities 2023 Annual Business Meeting; and,
2. Appoint a Mayor Pro Tem Jordan Nefulda to serve as the City’s Alternate Voting Delegate in the event of the Voting Delegate’s absence.
11. PUBLIC HEARING
A. Annual Appropriations Limit for Fiscal Year 2023-24 (Finance) Article XIII B of the California Constitution specifies the amount of allowable revenue the City of Los Alamitos can appropriate from the proceeds of taxes.
Recommendation: Adopt Resolution No. 2023-19, entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
City Council Regular Agenda
July 17, 2023
APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24.”
B. Study Session Item: Airport Land Use Commission’s Determination of Inconsistency related to the City’s 6th Cycle Housing Element Update and the Airport Environs Land Use Plan for Joint Forces Training Base Los Alamitos (Development Services)
On January 19, 2023, the Orange County Airport Land Use Commission (ALUC) found the City’s 6th Cycle (2021-2029) Housing Element Update to be inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan.
The City Council will conduct a Study Session in order to review information related to the ALUC’s finding of inconsistency. While no vote will take place at this meeting, it is important to note that should the City Council determine to override ALUC’s advisory opinion at a future meeting, it will require a four-fifths affirmative vote of the City Council.
Recommendation:
1. Receive information related to the Study Session Item; and,
2. Open the public hearing, receive public testimony, and continue the public hearing to a date certain for consideration of a resolution overruling the ALUC determination.
12. DISCUSSION ITEM
A. Pine StrEATs Grant Program (Development Services)
This item for Council's consideration is an Economic Development driven grant program, Pine strEATs. This program is a supplementary feature to the highly anticipated citywide special event, Celebrate Los Al.
Recommendation:
1. Review the Pine strEATs Grant Program; and,
2. Authorize Staff to launch the Pine strEATs Grant Program in conjunction with the Celebrate Los Al event; and,
3. Appropriate funding in the amount of $110,000 from the American Rescue Plan Act (ARPA) funds towards the Pine strEATs Grant Program.
13. 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.
City Council Regular Agenda
July 17, 2023
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: July 13, 2023
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 17, 2023 ITEM NUMBER: 9A
To: Mayor Tanya Doby & 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 June 1, 2023 to June 30, 2023.
RECOMMENDATION
Ratify the Warrants for the period June 1, 2023 to June 30, 2023 in the amount of $1,550,347.65.
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 $1,550,347.65 represents checks and electronic fund transfers for the period June 1, 2023 to June 30, 2023.
Attachment: 1. Warrants - July 17, 2023
WARRANTS 06/14/2023
1 VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
4IMPRINT, INC. ARPA GIVEAWAY - GMLA AMERICAN RESCUE PL NON - DEPARTMENTAL 960.29_ TOTAL: 960.29
ALL CITY MANAGEMENT SERVICES CROSSING GUARDS 4/30-5/13 GENERAL FUND TRAFFIC TOTAL:
5,824.36_
5,824.36
AMBERWICK CORPORATION USED OIL RECYCLE GARAGE FUND GARAGE 1,905.00_ TOTAL: 1,905.00
AMERICAN RENTALS TRAILER CONCRETE (DRUM) GENERAL FUND STREET MAINTENANCE TOTAL:
356.14_
356.14
ANGELUS PACIFIC L.L.C. LARGE HANGERS PARKING PERM GENERAL FUND RECORDS 316.57_ TOTAL: 316.57
ARAMARK UNIFORM & CAREER APPAREL GROUP PW CREW UNIFORM
PW CREW UNIFORM
GENERAL FUND
GENERAL FUND
STREET MAINTENANCE
STREET MAINTENANCE
33.79 33.79_
TOTAL: 67.58
ASSOCIATION OF CALIFORNIA CITIES 2023-24 CITY MEMBERSHIP FE GENERAL FUND CITY COUNCIL TOTAL:
5,969.28_
5,969.28
BAMBI RUTH STUBBE CLAIM SETTLEMENT SELF INSURANCE TRU INSURANCE 28.24_ TOTAL: 28.24
BIG TOP RENTALS GMLA - TENT RENTAL AMERICAN RESCUE PL NON - DEPARTMENTAL TOTAL:
4,998.80_
4,998.80
BORDIN SEMMER, LLP BORDIN SEMMER, LLP SELF INSURANCE TRU INSURANCE 3,013.50_ TOTAL: 3,013.50
CALIFORNIA POLICE CHIEFS ASSOCIATION CPCA MEMBERSHIP GALLAUGHER
CPCA MEMBERSHIP SOUTH
GENERAL FUND
GENERAL FUND
POLICE ADMINISTRATION
POLICE ADMINISTRATION
155.00
155.00_
TOTAL: 310.00
JHM SUPPLY, INC. IRRIGATION SUPPLIES FOR RE
PARK MNTC SUPPLIES
GENERAL FUND
GENERAL FUND
PARK MAINTENANCE
PARK MAINTENANCE
118.90
274.08_
TOTAL: 392.98
CITY OF LONG BEACH 2ND QTR SVCS 10/22-12/22 GENERAL FUND FINANCE TOTAL:
21,158.00_
21,158.00
COUNTY OF ORANGE TREASURER-TAX PARKING VIOLATIONS APR23 GENERAL FUND NON-DEPARTMENTAL 1,507.00 PARKING VIOLATIONS FEB23 GENERAL FUND NON-DEPARTMENTAL 1,892.00 PARKING VIOLATIONS JAN23 GENERAL FUND NON-DEPARTMENTAL 2,664.00 PARKING VIOLATIONS MAR23 GENERAL FUND NON-DEPARTMENTAL
TOTAL:
1,985.00_
8,048.00
L.N. CURTIS AND SONS UNIFORMS CAPTAIN GALLAUGHE GENERAL FUND POLICE ADMINISTRATION 1,943.05_ TOTAL: 1,943.05
DATA TICKET, INC. MAY 2023 CITATIONS GENERAL FUND TRAFFIC TOTAL:
625.82_
625.82
DELL MARKETING L.P. TECHNOLOGY REPLACE ADMINISTRATIVE SERVICE 9,281.33 DELL COMPUTER EQUIPMENT TECHNOLOGY REPLACE ADMINISTRATIVE SERVICE 14,754.00
WARRANTS 06/14/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
2 TOTAL: 24,035.33
EUGENIO GONZALEZ GILDAN T'S ADULT SHIRTS GENERAL FUND COMMUNITY DEVEL ADMIN 2,714.86_ TOTAL: 2,714.86
INTEGRITY NEWSPAPER INC. PH BUDGET ADOPTION GENERAL FUND CITY COUNCIL TOTAL:
140.00_
140.00
FACILITRON INC ADULT SOCCER WINTER/SUMMER GENERAL FUND SPORTS 8,536.49 YOUTH BASKETBALL LEE ELEM GENERAL FUND SPORTS 175.71
YOUTH TRACK AND FIELD USE GENERAL FUND SPORTS 500.04
YOUTH BASKETBALL MCAULIFFE GENERAL FUND SPORTS 175.71
YOUTH BASKETBALL LOS ALAMI GENERAL FUND SPORTS 175.71_
TOTAL: 9,563.66
GALLS / QUARTERMASTER UNIFORMS FOR ORTIZ GENERAL FUND RECORDS TOTAL:
89.30_
89.30 GEORGE HILLS COMPANY, INC. ADMIN & CLAIMS FEES MAY 20 GENERAL FUND NON-DEPARTMENTAL 1,250.00_ TOTAL: 1,250.00
GM PLUMBING CORPORATION PLUMBING FOR CC GENERAL FUND BUILDING MAINTENANCE 4,318.58 PLUMBING WORK PW GENERAL FUND BUILDING MAINTENANCE 1,256.31
PLUMBING WORK PD GENERAL FUND BUILDING MAINTENANCE
TOTAL:
827.24_
6,402.13
GOLDEN STATE WATER COMPANY 4320 FARQUHAR GENERAL FUND STREET MAINTENANCE 88.90 4772 KATELLA GENERAL FUND STREET MAINTENANCE 113.78
4820 KATELLA GENERAL FUND STREET MAINTENANCE 16.96
10703 LOS ALAMITOS GENERAL FUND STREET MAINTENANCE 95.81 11175 LOS ALAMITOS GENERAL FUND STREET MAINTENANCE 8.48 11442 LOS ALAMITOS GENERAL FUND STREET MAINTENANCE 4.24 11642 LOS ALAMITOS GENERAL FUND STREET MAINTENANCE 9.52 11752 LOS ALAMITOS GENERAL FUND STREET MAINTENANCE 360.29 10786 REAGAN GENERAL FUND STREET MAINTENANCE 4.23
3461 ROSSMOOR WAY GENERAL FUND STREET MAINTENANCE 18.89 3701 TOLAND GENERAL FUND PARK MAINTENANCE 59.17
10750 BLOOMFIELD GENERAL FUND PARK MAINTENANCE 1,826.25 10911 OAK GENERAL FUND BUILDING MAINTENANCE 408.12_
TOTAL: 3,014.64
HIRSCH & ASSOCIATES, INC. STERNS PARK PROJECT GENERAL FUND CAPITAL PROJECTS TOTAL:
5,990.00_
5,990.00
JOHNATHAN KROK KROK TUITION REIMBURSEMENT GENERAL FUND PATROL 3,000.00_ TOTAL: 3,000.00
KARCHER ENVIRONMENTAL INC. REMOVAL OF HAZARDOUS
REMOVAL OF FURNITURE
BUILDING IMPROVEME
BUILDING IMPROVEME
CAPITAL PROJECTS
CAPITAL PROJECTS
30,965.00
7,800.00_
TOTAL: 38,765.00
KESTER CORPORATION PARK MNTC - SEED TURF GENERAL FUND PARK MAINTENANCE 111.88 GENERATOR MNTC GENERAL FUND PARK MAINTENANCE 58.36_
TOTAL: 170.24
KONICA MINOLTA BUSINESS SOLUTIONS COPIER LEASE ADMIN SVCS GENERAL FUND FINANCE 189.74
WARRANTS 06/14/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
3 TOTAL: 189.74
KONICA MINOLTA PREMIER COPIER LEASE-ADMIN FRONT O GENERAL FUND FINANCE 576.46 COPIER LEASE-FINANCE GENERAL FUND FINANCE 472.00_
TOTAL: 1,048.46
JOSE MARTINEZ DBA LA HERRADURA MOBIL D CAR WASH FOR PD GARAGE FUND GARAGE 405.00 CAR WASH FOR CODE ENFORCEM GARAGE FUND GARAGE 90.00
CAR WASH FOR PW GARAGE FUND GARAGE 45.00
CAR WASH FOR DS GARAGE FUND GARAGE 45.00_
TOTAL: 585.00
THOMAS LASSER EMCEE FOR 3RD OF JULY 2023 GENERAL FUND SPECIAL EVENTS 300.00_ TOTAL: 300.00
LONG BEACH SOCCER REFEREE ASSOCIATION ADULT SOCCER REF WINTER 20 GENERAL FUND SPORTS TOTAL:
933.00_
933.00
MISC. VENDOR MICHAEL CLABORN TRAVEL EXPENSES - WASHINTO GENERAL FUND POLICE ADMINISTRATION 555.75 MICHAEL CLABORN REIMBURSEMENT CAL-CARD GENERAL FUND POLICE ADMINISTRATION 221.49 KEVIN STEINHAUSER KEVIN STEINHAUSER:REFUND GENERAL FUND PATROL 1,620.00 IRVING MONTENEGRO JR TUITION REIMBURSEMENT GENERAL FUND COMMUNITY DEVEL ADMIN 2,082.00_ TOTAL: 4,479.24
MV CHENG ASSOCIATES, INC. ACCOUNTING SVCS-MAY 2023 GENERAL FUND ADMINISTRATION 3,240.00 ACCOUNTING SVCS-MAY 2023 GENERAL FUND FINANCE
TOTAL:
6,032.50_
9,272.50
NORM'S AUTOMOTIVE CENTER, INC. 2022 TOYOTA TACOMA MNTC GARAGE FUND GARAGE 54.95 2021 DODGE DURANGO MNTC GARAGE FUND GARAGE
TOTAL:
645.94_
700.89
OCTA TRAFFIC SYNCHRONIZATION MEASURE M CAPITAL PROJECTS TOTAL:
100,000.00_
100,000.00
ORIGINAL WATERMEN, INC. AQUATICS UNIFORMS GENERAL FUND AQUATICS 153.47_ TOTAL: 153.47
PAPER RECYCLING SPECIALISTS SHREDDING SVCS 5/22/23 GENERAL FUND FINANCE TOTAL:
92.00_
92.00 PENINSULA SEPTIC SERVICE, INC. PUMP SEPTIC TANK COTTONWOO GENERAL FUND STREET MAINTENANCE 580.00_ TOTAL: 580.00
PINNACLE HEALTHCARE MEDICAL GROUP PRE-EMPLOYMENT-PINTO GENERAL FUND NON-DEPARTMENTAL 50.00 PRE-EMPLOYMENT-HAYGOOD,SEM GENERAL FUND NON-DEPARTMENTAL 140.00 PRE-EMPLOYMENT-BARBER,GOMB GENERAL FUND NON-DEPARTMENTAL 140.00 PRE-EMPLOYMENT-GOSSETT GENERAL FUND NON-DEPARTMENTAL 50.00
PRE-EMPLOYMENT-DIMICELI GENERAL FUND NON-DEPARTMENTAL
TOTAL:
70.00_
450.00
PRINTMASTERS VIP'S TRI-FOLD GENERAL FUND COMMUNITY OUTREACH 71.01 AQUATICS SIGNAGE GENERAL FUND AQUATICS 442.46
NORTH STAR LAND CARE JULY 2022 LANSDCAPE MNTC GENERAL FUND PARK MAINTENANCE 7,079.66_ TOTAL: 7,079.66
WARRANTS 06/14/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
4 DAY CAMP SUPPLIES GENERAL FUND DAY CAMP 43.70
SUMMER DAY CAMP SIGNAGE GENERAL FUND DAY CAMP 65.55
3RD OF JULY SIGNAGE GENERAL FUND SPECIAL EVENTS 529.86_ TOTAL: 1,152.58
SUSAN SAXE-CLIFFORD, PH.D. PSYCHOLOGICAL EVALUATION L GENERAL FUND NON-DEPARTMENTAL TOTAL:
450.00_
450.00
SC FUELS GASOLINE BARRELS IN YARD GARAGE FUND GARAGE 1,318.96
GASOLINE BARRELS IN YARD
GASOLINE BARRELS IN YARD
GARAGE FUND
GARAGE FUND
GARAGE
GARAGE
2,140.60
1,252.52_
TOTAL: 4,712.08
SCI CONSULTING GROUP QUIMBY LAND DEDICATION GENERAL FUND PLANNING TOTAL:
13,999.00_
13,999.00
MCLEAN ENTERPRISES, INC. SLOW DOWN SIGNS GENERAL FUND STREET MAINTENANCE 198.03
PLANNING POSTERS GMLA
POSTERS GMLA
AMERICAN RESCUE PL
AMERICAN RESCUE PL
NON - DEPARTMENTAL
NON - DEPARTMENTAL
361.40
429.22_
TOTAL: 988.65
SITEONE LANDSCAPE SUPPLY HOLDING, LLC BLENDED SOIL-PARK MNTC GENERAL FUND PARK MAINTENANCE TOTAL:
59.46_
59.46 SOCAL AUTO & TRUCK PARTS INC. REC VEHICLE-AUTO PARTS GARAGE FUND GARAGE 378.37_ TOTAL: 378.37
SPARKLETTS DRINKING WATER SPARKLETTS DRINKING WATER GENERAL FUND BUILDING MAINTENANCE TOTAL:
54.16_
54.16 TACO SURF CANTINA INC 3RD OF JULY STAFF FOOD GENERAL FUND SPECIAL EVENTS 983.25_ TOTAL: 983.25
NANCY K. BOHL INCORPORATED CONTRACT SVCS MAY 2023 GENERAL FUND POLICE ADMINISTRATION TOTAL:
1,100.00_
1,100.00
THE WALKING MAN INC PARKLET DOORHANGERS AMERICAN RESCUE PL NON - DEPARTMENTAL 775.00
GMLA DOORHANGERS AMERICAN RESCUE PL NON - DEPARTMENTAL
TOTAL:
775.00_
1,550.00
TIME WARNER CABLE FIBER INTERNET MAY 2023 GENERAL FUND ADMINISTRATION 1,734.00_ TOTAL: 1,734.00
TRACY MILLER CONSULTING, INC. COMM CONSULT SVCS MAY23 GENERAL FUND ADMINISTRATION TOTAL:
4,900.00_
4,900.00
TRAXX CONSTRUCTION INC BALL DIAMOND MNTC LAUREL GENERAL FUND PARK MAINTENANCE 20,800.00_ TOTAL: 20,800.00
TYLER TECHNOLOGIES ACCTING SYSTEM MNTC TECHNOLOGY REPLACE ADMINISTRATIVE SERVICE 23,284.74 CENTRAL CASH COLLECTION TECHNOLOGY REPLACE ADMINISTRATIVE SERVICE 1,765.46 ANNUAL FEES POSITIVE PAY TECHNOLOGY REPLACE ADMINISTRATIVE SERVICE 2,707.40 SUPPORT SVCS TECHNOLOGY REPLACE ADMINISTRATIVE SERVICE 1,152.95
ACUCORP ACUSERVER TECHNOLOGY REPLACE ADMINISTRATIVE SERVICE TOTAL:
2,346.23_
31,256.78
5 WARRANTS 06/14/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
UNITED STORM WATER INC RETENTION GENERAL FUND NON-DEPARTMENTAL 4,129.92_ TOTAL: 4,129.92
VERIZON WIRELESS CHIEFS EQPMNT CHARGE 5/11- GENERAL FUND POLICE ADMINISTRATION 1,681.54 MDC 1-8 5/11-6/10 GENERAL FUND PATROL 306.08
PD JETPACK 1 & 2 5/11-6/10 GENERAL FUND PATROL 76.02
20 OFFICER MO CELL 5/11-6/ GENERAL FUND PATROL 832.80
MOBILE ID READERS 5/11-6/ GENERAL FUND PATROL 124.17
2 POLICE 4GLTE SIM 5/11-6/ GENERAL FUND PATROL 90.04
3 DETECTIVE BUREAU MO5/11- GENERAL FUND INVESTIGATION 124.17 CLO MO CHARGE 5/11-6/10 GENERAL FUND COMMUNITY OUTREACH 41.39 EOC2 GENERAL FUND EMERGENCY PREPAREDNESS 41.39
EOC3 GENERAL FUND EMERGENCY PREPAREDNESS 41.39
EOC1 GENERAL FUND EMERGENCY PREPAREDNESS 41.39
EOC4 GENERAL FUND EMERGENCY PREPAREDNESS 41.39
2 CITY NODA 5/11-6/10 GENERAL FUND COMMUNITY DEVEL ADMIN 103.00 RENE CARMODY GENERAL FUND COMMUNITY DEVEL ADMIN 41.39
ANTHONY ROSE GENERAL FUND COMMUNITY DEVEL ADMIN 45.02
ANTHONY ROSE GENERAL FUND COMMUNITY DEVEL ADMIN 45.02
ANTHONY ROSE GENERAL FUND COMMUNITY DEVEL ADMIN 45.02
ANTHONY ROSE GENERAL FUND COMMUNITY DEVEL ADMIN 45.02
NEW IPAD GENERAL FUND COMMUNITY DEVEL ADMIN 45.02
RON NODA GENERAL FUND COMMUNITY DEVEL ADMIN 40.01
RILEY HILL GENERAL FUND NEIGHBORHOOD PRESERVAT 41.39
CODE ENFORCEMENT IPAD AIR GENERAL FUND NEIGHBORHOOD PRESERVAT 40.01 PW EMPLOYEE 1 GENERAL FUND STREET MAINTENANCE 41.39
PW EMPLOYEE 2 GENERAL FUND STREET MAINTENANCE 41.39
JOSE MENDOZA GENERAL FUND STREET MAINTENANCE 41.39
ANTHONY VAZQUEZ GENERAL FUND STREET MAINTENANCE 41.39
VICTOR DE LA TORRE GENERAL FUND STREET MAINTENANCE 41.39 MIGUEL DE LA TORRE GENERAL FUND STREET MAINTENANCE 41.39 DANNY BARNETT GENERAL FUND STREET MAINTENANCE 41.39
CHRIS DEATON GENERAL FUND STREET MAINTENANCE 41.39_
TOTAL: 4,263.79
WAXIE'S ENTERPRISES INC. BLDG MNTC - KLEENLINE GEN GENERAL FUND BUILDING MAINTENANCE TOTAL:
2,943.77_
2,943.77
WEST COAST ARBORISTS, INC. 22-23 REMOVAL/REPLACEMENT GENERAL FUND PARK MAINTENANCE 1,508.00_ TOTAL: 1,508.00
WOODRUFF & SMART, APC GENERAL ADVISORY APR23 GENERAL FUND CITY ATTORNEY 16,096.00 LITIGATION SVCS APR23 GENERAL FUND CITY ATTORNEY 11,256.79 PROSECUTOR SVCS APR23 GENERAL FUND CITY ATTORNEY
TOTAL:
3,581.40_
30,934.19
JONATHAN KIM CLAIM SETTLEMENT SELF INSURANCE TRU INSURANCE 170.99_ TOTAL: 170.99
6 WARRANTS 06/14/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
=============== FUND TOTALS ================
10 GENERAL FUND 191,134.83
25 BUILDING IMPROVEMENT 38,765.00
26 MEASURE M 100,000.00
50 GARAGE FUND 8,281.34
53 TECHNOLOGY REPLACEMENT 55,292.11
54 SELF INSURANCE TRUST 3,212.73
56 AMERICAN RESCUE PLAN ACT 8,299.71
GRAND TOTAL: 404,985.72
7 ADVANCED WARRANT 06/15/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
STANFORD SOUND AND STAGE STAGE AND TRUSS RENTAL 6/1 GENERAL FUND SPECIAL EVENTS 1,671.53 STAGE AND TRUSS RENTAL 6/2 GENERAL FUND SPECIAL EVENTS 1,671.53 STAGE AND TRUSS RENTAL 6/2 GENERAL FUND SPECIAL EVENTS 1,671.53 STAGE AND TRUSS RENTAL 7/1 GENERAL FUND SPECIAL EVENTS 1,671.53 STAGE AND TRUSS RENTAL 7/2 GENERAL FUND SPECIAL EVENTS 1,671.53 STAGE AND TRUSS RENTAL 8/1 GENERAL FUND SPECIAL EVENTS
TOTAL:
1,671.53_
10,029.18
=============== FUND TOTALS ================
10 GENERAL FUND 10,029.18
GRAND TOTAL: 10,029.18
8 ADVANCED WARRANT 06/19/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
MISC. VENDOR LOS ALAMITOS RACE COUR LOS ALAMITOS RACE COURSE:P GENERAL FUND LOS ALAMITOS TV 5,000.00_ TOTAL: 5,000.00
=============== FUND TOTALS ================
10 GENERAL FUND 5,000.00
GRAND TOTAL: 5,000.00
CAL-CARD 06/21/2023
9 VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
U.S. BANK DINE & DOUGH SUPPLIES GENERAL FUND NON-DEPARTMENTAL 68.73 DINE & DOUGH SUPPLIES GENERAL FUND NON-DEPARTMENTAL 38.05 DINE & DOUGH SANTA FE IMPO GENERAL FUND NON-DEPARTMENTAL 189.11 DINE & DOUGH HOUSE 4/24 GENERAL FUND NON-DEPARTMENTAL 212.27 SENIOR PROM FOOD GENERAL FUND NON-DEPARTMENTAL 476.80
SENIOR PROM PLATES GENERAL FUND NON-DEPARTMENTAL 16.73
DINE & DOUGH HOUSE GENERAL FUND NON-DEPARTMENTAL 12.08
DINE & DOUGH HOUSE GENERAL FUND NON-DEPARTMENTAL 151.31 SENIOR PROM GENERAL FUND NON-DEPARTMENTAL 32.76
SENIOR PROM GENERAL FUND NON-DEPARTMENTAL 33.84
DINE & DOUGH GENERAL FUND NON-DEPARTMENTAL 43.22
DINE & DOUGH GENERAL FUND NON-DEPARTMENTAL 247.52
DINE & DOUGH GENERAL FUND NON-DEPARTMENTAL 94.45
SENIOR PROM GENERAL FUND NON-DEPARTMENTAL 29.99
DINE & DOUGH GENERAL FUND NON-DEPARTMENTAL 57.33
SENIOR PROM GENERAL FUND NON-DEPARTMENTAL 99.50
DINE & DOUGH GENERAL FUND NON-DEPARTMENTAL 211.90
DINE & DOUGH GENERAL FUND NON-DEPARTMENTAL 110.00
DINE & DOUGH GENERAL FUND NON-DEPARTMENTAL 149.00
DINE & DOUGH GENERAL FUND NON-DEPARTMENTAL 24.06
IPAD CASES GENERAL FUND NON-DEPARTMENTAL 371.00
DINE & DOUGH SUPPLIES GENERAL FUND NON-DEPARTMENTAL 328.71 DINE & DOUGH SUPPLIES GENERAL FUND NON-DEPARTMENTAL 21.16 SWAG ITEMS GENERAL FUND CITY COUNCIL 1,113.06
A TASTE OF PRECIOUS LIFE-T GENERAL FUND CITY COUNCIL 66.95 OC REGISTER DIGITAL SUBSCR GENERAL FUND CITY COUNCIL 9.00 A TASTE OF PRECIOUS LIFE-H GENERAL FUND CITY COUNCIL 66.95 A TASTE OF PRECIOUS LIFE-H GENERAL FUND CITY COUNCIL 66.95 ART APPETIZER TICKES REGIS GENERAL FUND CITY COUNCIL 40.00 CASA YOUTH SHELTERB REGIST GENERAL FUND CITY COUNCIL 1,210.00 TABLE CLOTH CLEANING GENERAL FUND CITY COUNCIL 10.00
STOCK UP ON COUNCIL DRINKS GENERAL FUND CITY COUNCIL 22.19 COUNCIL MEETING MEAL 5/15/ GENERAL FUND CITY COUNCIL 137.15 WOMEN'S PHILANTHROPY FUND GENERAL FUND CITY COUNCIL 300.00 PLAQUES TO MAJOR OFFICERS GENERAL FUND CITY COUNCIL 85.50 MON. SUB ILLUSTRATOR & ACR GENERAL FUND ADMINISTRATION 52.98 MONTH SUB OC REGISTER CONT GENERAL FUND ADMINISTRATION 26.00 EMPLOYEE WELLNESS STICKERS GENERAL FUND ADMINISTRATION 109.25 COSTCO ANNUAEL MEMBERSHIP GENERAL FUND ADMINISTRATION 120.00 EMPLOYEE WELLNESS STRESS B GENERAL FUND ADMINISTRATION 126.29 STAFF MEETING BREAKFAST GENERAL FUND ADMINISTRATION 43.69 EMPLOYEE WELLNESS HOT/COLD GENERAL FUND ADMINISTRATION 212.70 PATHWAYS FOR WOMEN CONF 20 GENERAL FUND ADMINISTRATION 199.00 SUPPLIES GENERAL FUND ADMINISTRATION 53.71
SUPPLIES GENERAL FUND ADMINISTRATION 137.54
DEPUTY CITY CLERK JOB POST GENERAL FUND ADMINISTRATION 200.00 IIMC ANNUAL DUES (QUINTANA GENERAL FUND ADMINISTRATION 185.00 OFFICE SUPPLIES GENERAL FUND ADMINISTRATION 28.38
OFFICE SUPPLIES GENERAL FUND ADMINISTRATION 17.92
AUTHORIZE.NET GENERAL FUND FINANCE 10.00
GFOA GUIDE GENERAL FUND FINANCE 78.63
HOTEL WASHINGTON DC GENERAL FUND POLICE ADMINISTRATION 472.41 EMPLOYEE PLAQUE GENERAL FUND POLICE ADMINISTRATION 139.00 AIRFARE WASHINGTON DC GENERAL FUND POLICE ADMINISTRATION 557.80 PD MUGS GENERAL FUND POLICE ADMINISTRATION 23.68
PD MUGS GENERAL FUND POLICE ADMINISTRATION 31.23
CAL-CARD 06/21/2023
10 VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
OFFICE SUPPLIES GENERAL FUND POLICE ADMINISTRATION 123.31 SUPPLIES COUNCIL RECEPTION GENERAL FUND POLICE ADMINISTRATION 43.94 LUNCH MEETING GENERAL FUND POLICE ADMINISTRATION 98.20
CANCELLATION FEE CONF HOTE GENERAL FUND POLICE ADMINISTRATION 186.86 PELOTON SUBSCRIPTION GENERAL FUND POLICE ADMINISTRATION 44.00 AMMO GENERAL FUND PATROL 708.42
OFFICE SUPPLIES GENERAL FUND PATROL 36.56
OFFICE SUPPLIES GENERAL FUND PATROL 91.74
USPS CERTIFIED MAIL GENERAL FUND INVESTIGATION 17.60
OFRFICE SUPPLIES GENERAL FUND RECORDS 60.38
MONTHLY SUBSCRIPTION MSFT GENERAL FUND RECORDS 8.70
SPECIAL OLYMPICS LETR SHIR GENERAL FUND COMMUNITY OUTREACH 850.00 OFFICE SUPPLIES GENERAL FUND TRAFFIC 92.23
OFFICE SUPPLIES GENERAL FUND COMMUNITY DEVEL ADMIN 46.94 NEW CELLPHONE PROTECTORS GENERAL FUND COMMUNITY DEVEL ADMIN 38.90 SENIOR PROM RAFFLE GENERAL FUND COMMUNITY DEVEL ADMIN 80.26 SENIOR PROM RAFFLE GENERAL FUND COMMUNITY DEVEL ADMIN 111.41 SENIOR PROM RAFFLE GENERAL FUND COMMUNITY DEVEL ADMIN 111.41- YOUTUBE TV APRIL 2023 GENERAL FUND COMMUNITY DEVEL ADMIN 72.99 FILE CABINET PUBLIC WORKS GENERAL FUND COMMUNITY DEVEL ADMIN 733.26 DESKS FOR CITY HALL GENERAL FUND COMMUNITY DEVEL ADMIN 688.16 SUPPLIES FOR COMMDEV GENERAL FUND COMMUNITY DEVEL ADMIN 94.66 COFFEE PODS PUBLIC WORKS GENERAL FUND COMMUNITY DEVEL ADMIN 39.99 WHEELCHAIR ACCESS MATS GENERAL FUND COMMUNITY DEVEL ADMIN 820.00 PANEL LUNCHEON GENERAL FUND COMMUNITY DEVEL ADMIN 67.68 ARBOR DAY SUPPLIED REFUND GENERAL FUND COMMUNITY DEVEL ADMIN 15.14- ARBOR DAY TREE GIVEAWAY GENERAL FUND COMMUNITY DEVEL ADMIN 36.99 CEAOC TRAINING LUNCHEON GENERAL FUND COMMUNITY DEVEL ADMIN 150.00 PHONE HOLSTER &KEYBOARD GENERAL FUND COMMUNITY DEVEL ADMIN 44.23 INK PW PRINTER & TAPE COMM GENERAL FUND COMMUNITY DEVEL ADMIN 227.15 PW SNACKS/DRINKS MAY 2023 GENERAL FUND COMMUNITY DEVEL ADMIN 242.54 COMM DEV SNACKS/DRINKS MAY GENERAL FUND COMMUNITY DEVEL ADMIN 232.28 SUPLIES GENERAL FUND PLANNING 19.99
SHOR TERM RENTAL SURVEY GENERAL FUND PLANNING 99.00
SHORT TERM RENTAL SURVEY GENERAL FUND PLANNING 369.00
STOP LIGHTS BARRICADE #694 GENERAL FUND STREET MAINTENANCE 194.75 SUPPLIES GENERAL FUND STREET MAINTENANCE 104.87
SUPPLIES GENERAL FUND STREET MAINTENANCE 83.01
IPHONE CASES GENERAL FUND STREET MAINTENANCE 269.84
DRINKING FOUNTAIN PART LAU GENERAL FUND PARK MAINTENANCE 112.95 PD BASE BOARD GENERAL FUND BUILDING MAINTENANCE 196.43
CHANGE ORDER PD FLOORING GENERAL FUND BUILDING MAINTENANCE 780.00 OFFICE SUPPLIES GENERAL FUND RECREATION ADMINISTRAT 62.27 DIRECT TV EOC GENERAL FUND RECREATION ADMINISTRAT 60.99 CPRS BANQUET GENERAL FUND RECREATION ADMINISTRAT 1,368.18 OFFICE SUPPLIES GENERAL FUND RECREATION ADMINISTRAT 335.22 OFFICE SUPPLIES GENERAL FUND RECREATION ADMINISTRAT 246.32 OFFICE SUPPLIES GENERAL FUND RECREATION ADMINISTRAT 46.33 AQUATICS SAFETY TRAINING GENERAL FUND RECREATION ADMINISTRAT 240.00 CPRS BROCHURE EXHANGE REG GENERAL FUND RECREATION ADMINISTRAT 15.00 WATER SAFETY TRAINING GENERAL FUND RECREATION ADMINISTRAT 240.00 OFFICE SUPPLIES GENERAL FUND RECREATION ADMINISTRAT 24.68 OFFICE SUPPLIES GENERAL FUND RECREATION ADMINISTRAT 46.74 AQUATICS SAFETY TRAINING GENERAL FUND RECREATION ADMINISTRAT 240.00 AQUATICS SAFETY TRAINING GENERAL FUND RECREATION ADMINISTRAT 240.00 AQUATICS SAFETY TRAINING GENERAL FUND RECREATION ADMINISTRAT 240.00
CAL-CARD 06/21/2023
11 VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
STAFF CARDS GENERAL FUND RECREATION ADMINISTRAT 9.05
FENCE CUPS AT LAUREL PARK GENERAL FUND RECREATION ADMINISTRAT 396.00 TRAVEL & ENTERTAINING GENERAL FUND RECREATION ADMINISTRAT 64.63 APPLE STORAGE GENERAL FUND RECREATION ADMINISTRAT 9.99
APPLE VIDEO MAKER GENERAL FUND RECREATION ADMINISTRAT 89.99 A TASTE OF PRECIOUS LIFE GENERAL FUND RECREATION ADMINISTRAT 66.95 CHAMBER BREAKFAST GENERAL FUND RECREATION ADMINISTRAT 25.00 TRAVEL & TRAINING GENERAL FUND RECREATION ADMINISTRAT 88.82 TRAVEL & TRAINING GENERAL FUND RECREATION ADMINISTRAT 352.18 AQUATICS PROGRAM SUPPLIES GENERAL FUND AQUATICS 159.85
AQUATICS PROGRAM SUPPLIES GENERAL FUND AQUATICS 70.90
AQUATICS PROGRAM SUPPLIES GENERAL FUND AQUATICS 96.26
AQUATICS PROGRAM SUPPLIES GENERAL FUND AQUATICS 1,038.87 DAY CAMP SUPPLIES GENERAL FUND DAY CAMP 489.78
SUMMER DAY CAMP EXCURSION GENERAL FUND DAY CAMP 320.00
SUMMER DAY CAMP SUPPLIES GENERAL FUND DAY CAMP 6.99
SUMMER DAY CAMP SUPPLIES GENERAL FUND DAY CAMP 91.55
SUMMER DAY CAMP SUPPLIES GENERAL FUND DAY CAMP 460.69
SUMMER DAY CAMP SUPPLIES GENERAL FUND DAY CAMP 20.75
SUMMER DAY CAMP SUPPLIES GENERAL FUND DAY CAMP 86.84
SUMMER DAY CAMP SUPPLIES GENERAL FUND DAY CAMP 13.54
SUMMER DAY CAMP SUPPLIES GENERAL FUND DAY CAMP 9.82
PARKS EXCURSION GENERAL FUND PLAYGROUNDS 411.75
PARKS EXCURSION GENERAL FUND PLAYGROUNDS 150.00
YOUTH TRACK FIELD MEDALS GENERAL FUND SPORTS 260.74
YOUTH BASKETBALL OAK MIDDL GENERAL FUND SPORTS 181.86
REPLACEMENT TABLES GENERAL FUND SPORTS 1,102.28
SUMMER 2023 TEAM MGR GIFT GENERAL FUND SPORTS 443.56
SUMMER 2023 TEAM SUPPLIES GENERAL FUND SPORTS 9.75
SUMMER 2023 TEAM SUPPLIES GENERAL FUND SPORTS 13.18
YOUTH SOCCER TROPHIES GENERAL FUND SPORTS 443.65
PRESCHOOL PROGRAM GENERAL FUND SPECIAL CLASSES 30.58
PRESCHOOL PROGRAM GENERAL FUND SPECIAL CLASSES 9.84
PRESCHOOL PAMPHLET GENERAL FUND SPECIAL CLASSES 40.00
PRESCHOOL FIELDTROP PKG GENERAL FUND SPECIAL CLASSES 8.00 PRESCHOOL FIELDTROP PKG GENERAL FUND SPECIAL CLASSES 8.00 PRESCHOOL PARENT APPRECIAT GENERAL FUND SPECIAL CLASSES 48.97 PRESCHOOL PARENT PAMPHLET GENERAL FUND SPECIAL CLASSES 13.10 PRESCHOOL YEARBOOK GENERAL FUND SPECIAL CLASSES 227.33
PRESCHOOL FIRST AID GENERAL FUND SPECIAL CLASSES 91.93
TEEN EXPO DRY CLEANING GENERAL FUND SPECIAL EVENTS 224.00 SENIOR PROM DRY CLEANING GENERAL FUND SPECIAL EVENTS 192.00 DONATION DRIVE SUPPLM PURC GENERAL FUND SPECIAL EVENTS 488.71 DONATION DRIVE SUPPLM PURC GENERAL FUND SPECIAL EVENTS 241.32 GMLA SUPPLIES GENERAL FUND SPECIAL EVENTS 57.60
GMLA SUPPLIES GENERAL FUND SPECIAL EVENTS 23.15
GMLA SUPPLIES GENERAL FUND SPECIAL EVENTS 91.74
3RD OF JULY VIP AREA GENERAL FUND SPECIAL EVENTS 92.85
GMLA SUPPLIES GENERAL FUND SPECIAL EVENTS 31.01
3RD OF JULY VIP AREA GENERAL FUND SPECIAL EVENTS 163.87 GMLA SUPPLIES GENERAL FUND SPECIAL EVENTS 91.35
3RD OF JULY VIP AREA GENERAL FUND SPECIAL EVENTS 282.86 3RD OF JULY VIP AREA GENERAL FUND SPECIAL EVENTS 26.09
TRUCK KEYS BATTERIES GARAGE FUND GARAGE 5.64
PRO ACCESS POINT TECHNOLOGY REPLACE ADMINISTRATIVESERVICE 187.25 ARPA PARKLET FRIDAY NIGHT AMERICAN RESCUE PL NON - DEPARTMENTAL 139.73
12 CAL-CARD 06/21/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
GMLA GIVEAWAY AMERICAN RESCUE PL NON - DEPARTMENTAL 202.66 OUTREACH ROSSMOOR LIVING AMERICAN RESCUE PL NON - DEPARTMENTAL 825.00 ARPA GMLA GIVEAWAY AMERICAN RESCUE PL NON - DEPARTMENTAL 20.76 ARPA PARKLET FRIDAY NIGHT AMERICAN RESCUE PL NON - DEPARTMENTAL 592.25 ARPA PARKLET AMERICAN RESCUE PL NON - DEPARTMENTAL 139.73 ARPA PARKLET AMERICAN RESCUE PL NON - DEPARTMENTAL 139.73 ARPA GMLA DECOR AMERICAN RESCUE PL NON - DEPARTMENTAL 136.57 ARPA PARKLET OUTREACH AMERICAN RESCUE PL NON - DEPARTMENTAL 150.00 ARPA PARKLET FRIDAY NIGHT AMERICAN RESCUE PL NON - DEPARTMENTAL 365.00 GMLA OUTREACH AMERICAN RESCUE PL NON - DEPARTMENTAL 18.00 GMLA OUTREACH AMERICAN RESCUE PL NON - DEPARTMENTAL 18.00 ARPA GIVEAWAY AMERICAN RESCUE PL NON - DEPARTMENTAL 2,219.34 ARPA GIVEAWAY AMERICAN RESCUE PL NON - DEPARTMENTAL 960.29 REMAIN BAL PARKLET STAGE AMERICAN RESCUE PL NON - DEPARTMENTAL 1,305.46 PARKLET LIGHTS - ARPA AMERICAN RESCUE PL NON - DEPARTMENTAL 219.72 PARKLETT CONCESSIONS AMERICAN RESCUE PL NON - DEPARTMENTAL 170.19 PARKLET CONCERTS BAND MEAL AMERICAN RESCUE PL NON - DEPARTMENTAL 108.82 PARKLET CONCERTS BAND MEAL AMERICAN RESCUE PL NON - DEPARTMENTAL 19.67 PARKLET CONCESSION AMERICAN RESCUE PL NON - DEPARTMENTAL 22.88 PARKLET CONCESSION RESTOCK AMERICAN RESCUE PL NON - DEPARTMENTAL 147.92 1/2 DEPOSIT PARKLET STG 12 AMERICAN RESCUE PL NON - DEPARTMENTAL 767.26 2 1/2 DEP PARKLET STG 1295 AMERICAN RESCUE PL NON - DEPARTMENTAL 1,30756.74.626 LS AL SUPPLIED AMERICAN RESCUE PL NON - DEPARTMENTAL 18.11 LS AL WATER BOTTLE AMERICAN RESCUE PL NON - DEPARTMENTAL 13.10 1/2 CHRG PARKLET STG 12958 AMERICAN RESCUE PL NON - DEPARTMENTAL TOTAL: 41,026.20
=============== FUND TOTALS ================
10 GENERAL FUND 30,040.40
50 GARAGE FUND 5.64
53 TECHNOLOGY REPLACEMENT 187.25
56 AMERICAN RESCUE PLAN ACT 10,792.91
GRAND TOTAL: 41,026.20
WARRANTS 06/28/2023
13 VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
ADMINSURE WORKERS COMP CLAIMS ADM 06 GENERAL FUND NON-DEPARTMENTAL 411.82_ TOTAL: 411.82
ANIMAL PEST MANAGEMENT SERVICES PEST CONTROL MAY 2023 GENERAL FUND PARK MAINTENANCE TOTAL:
490.00_
490.00
BARBARA BANNERMAN YOGA BARBARA 04/29/23 GENERAL FUND SPECIAL CLASSES 9.75 YOGA WITH BARBARA GENERAL FUND SPECIAL CLASSES 403.00
YOGA WITH BARBARA GENERAL FUND SPECIAL CLASSES 204.75_
TOTAL: 617.50
BRENT ARNOLD BRENT ARNOLD GENERAL FUND INVESTIGATION
TOTAL:
16.61_
16.61 CARD INTEGRATORS CORPORATION CITY-WIDE ID CARDS GENERAL FUND CITY COUNCIL 823.00_ TOTAL: 823.00
CASA YOUTH SHELTER SAPPHIRE NIGHTS TICKETS GENERAL FUND COMMUNITY DEVEL ADMIN TOTAL:
1,800.00_
1,800.00
CINTAS CORPORATION NO. 2 FIRST AID CHECK&REFILL MAY GENERAL FUND BUILDING MAINTENANCE 1,534.71_ TOTAL: 1,534.71
COSTAR REALTY INFORMATION, INC. COSTAR REALITY JUNE 2023 GENERAL FUND ADMINISTRATION TOTAL:
795.00_
795.00
CROSSTOWN ELECTRICAL & DATA, INC. PREVENTIVE MAINT MAY 2023 GENERAL FUND STREET MAINTENANCE 1,470.00_ TOTAL: 1,470.00
DARSHINI AITHAL DRAWING AND SKETCHING GENERAL FUND SPECIAL CLASSES 249.60 WATERCOLOR PAINT MONDAY GENERAL FUND SPECIAL CLASSES 471.25
GENTLE YOGA GENERAL FUND SPECIAL CLASSES
TOTAL:
29.90_
750.75
DATA TICKET, INC. CITATION PROCESSING APRIL GENERAL FUND NEIGHBORHOOD PRESERVAT 250.00_ TOTAL: 250.00
ECOFERT, INC. LANDSCAPE MAINT PARK MAY 2 GENERAL FUND PARK MAINTENANCE TOTAL:
630.00_
630.00
ENTERPRISE FM TRUST MONTHLY LEASE JUNE 2023 GARAGE FUND GARAGE 8,872.02_ TOTAL: 8,872.02
INTEGRITY NEWSPAPER INC. #130159 RFP 2023-02
SHORT TERM RENTAL 06/21-06
GENERAL FUND
GENERAL FUND
COMMUNITY DEVEL ADMIN
PLANNING
390.00
600.00_
TOTAL: 990.00
EWING LANDSCAPE SUPPLIES GENERAL FUND PARK MAINTENANCE
TOTAL:
633.68_
633.68
CARRI FOX LINE DANCE 04/26/23 GENERAL FUND SPECIAL CLASSES 37.80 LINE DANCE 05/10/23 GENERAL FUND SPECIAL CLASSES 42.00
LINE DANCE 05/17/23 GENERAL FUND SPECIAL CLASSES 21.00
LINE DANCE 05/24/23
LINE DANCE 05/31/23
GENERAL FUND
GENERAL FUND
SPECIAL CLASSES
SPECIAL CLASSES
37.80 50.40_
TOTAL: 189.00
WARRANTS 06/28/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
14 FRANCHISE TAX BOARD WAGE GARNISH- CRUZ, CHRIST POOL CLEARING FUND NON-DEPARTMENTAL 1,300.89_ TOTAL: 1,300.89
GANAHL LUMBER COMPANY LANDSCAPE RAKE GENERAL FUND PARK MAINTENANCE 64.45_ TOTAL: 64.45
GMC PEST CONTROL INC BLDG MAINT. RATS TREATMENT GENERAL FUND BUILDING MAINTENANCE 475.00_ TOTAL: 475.00
GRANICUS LLC DISCLOSURE DOCS ANNUAL SUB GENERAL FUND ADMINISTRATION TOTAL:
3,283.84_
3,283.84
JARED E. LLOYD HCE DROP IN 4/25 GENERAL FUND SPORTS 176.00 HCE DROP IN 4/30 GENERAL FUND SPORTS 16.00
HCE DROP IN 4/27 GENERAL FUND SPORTS 240.00
HCE DROP IN 5/7 GENERAL FUND SPORTS 32.00
HCE DROP IN 5/7 GENERAL FUND SPORTS 80.00
HCE DROP IN 5/11 GENERAL FUND SPORTS 160.00
HCE DROP IN 5/16 GENERAL FUND SPORTS 64.00
HCE DROP IN 4/21 GENERAL FUND SPORTS 16.00
HCE DROP IN 5/18 GENERAL FUND SPORTS 80.00
HCE DROP IN 5/23 GENERAL FUND SPORTS 128.00
HCE DROP IN 5/28 GENERAL FUND SPORTS 48.00
HCE DROP IN 5/25 GENERAL FUND SPORTS 192.00
HCE DROP IN 5/30 GENERAL FUND SPORTS 80.00
HCE SHOOTING STARS AND BAL GENERAL FUND SPORTS 712.00
HCE ATTACK GENERAL FUND SPORTS 108.00
HCE TRAVEL GENERAL FUND SPORTS
TOTAL:
4,425.60_
6,557.60
KEVIN & VICKY GARRETT TENNIS, INC. YOUTH BEG. TUESDAY GENERAL FUND SPECIAL CLASSES 458.25 YOUTH BEG. WEDNESDAY GENERAL FUND SPECIAL CLASSES 474.50 ADULT BEG WEDNESDAY GENERAL FUND SPECIAL CLASSES 286.00 PEE WEE THURSDAY GENERAL FUND SPECIAL CLASSES 152.75
YOUTH INTER THURSDAY GENERAL FUND SPECIAL CLASSES 425.75 PEE WEE SATURDAY GENERAL FUND SPECIAL CLASSES 347.75
YOUTH BEG. SATURDAY GENERAL FUND SPECIAL CLASSES 474.50 YOUTH INTER WEDNESDAY GENERAL FUND SPECIAL CLASSES 474.50_ TOTAL: 3,094.00
KIMBERLY ESMOND PRINCESS BALLET GENERAL FUND SPECIAL CLASSES 539.50 "FROZEN" PRINCESS BALLET GENERAL FUND SPECIAL CLASSES 929.50 HIP HOP DANCE GENERAL FUND SPECIAL CLASSES 504.40
BEGINNING BALLET GENERAL FUND SPECIAL CLASSES 157.30
ALL IN ONE DANCE GENERAL FUND SPECIAL CLASSES 375.70
POP STAR HIP HOP DANCE GENERAL FUND SPECIAL CLASSES 308.75_ TOTAL: 2,815.15
JOSE MARTINEZ DBA LA HERRADURA MOBIL D CAR WASH FOR PD GARAGE FUND GARAGE 685.00 CAR WASH FOR POLICE DEPT GARAGE FUND GARAGE 405.00
CAR WASH FOR CODE ENFORCEM GARAGE FUND GARAGE 45.00
CAR WASH FOR PUB WORKS GARAGE FUND GARAGE 90.00
CAR WASH FOR REC DEPT GARAGE FUND GARAGE 55.00
CAR WASH FOR PD GARAGE FUND GARAGE
TOTAL:
600.00_
1,880.00
WARRANTS 06/28/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
15 LAURA COLE MONTHLY CONTRACT FEE JUN ' GENERAL FUND NON-DEPARTMENTAL 3,000.00_ TOTAL: 3,000.00
LIEBERT CASSIDY WHITMORE ERC MEMBERSHIP GENERAL FUND ADMINISTRATION TOTAL:
3,900.00_
3,900.00
YING LIU PORTRAIT WRKSHP 04/29/23 GENERAL FUND SPECIAL CLASSES 48.75 PORTRAIT WRKSHP 05/13/23
PORTRAIT WRKSHP 05/20/2023
GENERAL FUND
GENERAL FUND
SPECIAL CLASSES
SPECIAL CLASSES
58.50 97.50_
TOTAL: 204.75
LOS ALAMITOS AREA CHAMBER OF COMMERCE CC BREAKFAST JUNE MURPHY
CC BREAKFAST JUNE BOOTHE
GENERAL FUND
AMERICAN RESCUE PL
CITY COUNCIL
NON - DEPARTMENTAL
25.00 25.00_
TOTAL: 50.00
LOS ALTOS TROPHY NAME PLATES FOR DEPTS GENERAL FUND COMMUNITY DEVEL ADMIN TOTAL:
312.02_
312.02
M&N COASTLINE AUTO & TIRE SERVICE VEH MAINT PD 2018 CHEV GARAGE FUND GARAGE 140.00_ TOTAL: 140.00
MAIN STREET MATERIALS AQUAPATCH & FREIGHT CHARGE GENERAL FUND STREET MAINTENANCE TOTAL:
1,801.77_
1,801.77
MANHATTAN STITCHING COMPANY, INC. AQUATICS SHIRTS GENERAL FUND AQUATICS 442.85_ TOTAL: 442.85
MICHELLE MULLER TUITION REIMBURSEMENT GENERAL FUND COMMUNITY DEVEL ADMIN TOTAL:
1,665.00_
1,665.00
MISC. VENDOR ISIS TORRES DEPOSIT FOR FACILITY RENTA GENERAL FUND NON-DEPARTMENTAL 250.00 DEBRA FELSENTHAL DEBRA FELSENTHAL:REFUND GENERAL FUND NON-DEPARTMENTAL 50.00 EMI KAMIYA EMI KAMIYA:REFUND GENERAL FUND NON-DEPARTMENTAL 10.00 CINTHYA ARCOS HERNANDE CINTHYA ARCOS HERNANDEZ:RE GENERAL FUND NON-DEPARTMENTAL 20.00 MIREYA MORENO TRANSFER FEE RFND GENERAL FUND NON-DEPARTMENTAL 10.00 KRISTI HERNANDEZ BALL DIAMOND FLOODING GENERAL FUND NON-DEPARTMENTAL 12.00 SALINA CHAHAL XTRA EXCURSION PURCHASE GENERAL FUND NON-DEPARTMENTAL 15.00 EMILY HIBARD MI. REIMBURSE OC SAN DISTR GENERAL FUND CITY COUNCIL 13.82 EMILY HIBARD MI. REIMBURSE LAHS GRADUAT GENERAL FUND CITY COUNCIL 10.09
DANIEL KIM EQUIPMENT DMG IN DUTY GENERAL FUND PATROL
TOTAL:
882.20_
1,273.11
NEWPORT EXTERMINATING EXT. TREAT GEN. PEST CONTR GENERAL FUND BUILDING MAINTENANCE 175.00
RODENT CONTROL BAIT REFILL
RODENT CTRL BAIT REFILL (2
GENERAL FUND
GENERAL FUND
BUILDING MAINTENANCE
BUILDING MAINTENANCE
60.00 60.00_
TOTAL: 295.00
NORM'S AUTOMOTIVE CENTER, INC. 2017 DODGE DURA VEHICLE MA GARAGE FUND GARAGE TOTAL:
149.45_
149.45
NORTH STAR LAND CARE LANDSCAPE MAINT. MAY 2023 GENERAL FUND PARK MAINTENANCE 9,505.66_ TOTAL: 9,505.66
OC YOUTH SPORTS, LLC 8 MULTI SPRT SPRTBALL
9 MULIT SPORT W/ SPORT BAL
GENERAL FUND
GENERAL FUND
SPECIAL CLASSES
SPECIAL CLASSES
641.55
1,257.10_
TOTAL: 1,898.65
WARRANTS 06/28/2023
16 VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
ORANGE COUNTY JUMPERS LLC BOUNCE HOUSES FOR SUM CONC GENERAL FUND SPECIAL EVENTS 800.00
BOUNCE HOUSES SUMMER CONCE GENERAL FUND SPECIAL EVENTS
TOTAL:
800.00_
1,600.00
ORKIN SERVICES OF CALIFORNIA, INC. BLDG MAINT COMM CENTE MAY GENERAL FUND BUILDING MAINTENANCE 120.00_ TOTAL: 120.00
OUR LOS AL MANAGEMENT SVCS JUNE 2023 GENERAL FUND NON-DEPARTMENTAL TOTAL:
2,083.33_
2,083.33
PENINSULA SEPTIC SERVICE, INC. PUMP SEPTIC TANK- PARK GENERAL FUND PARK MAINTENANCE 580.00_ TOTAL: 580.00
DIANA C. PEREZ LEARN AND GROW PLAYGROUP GENERAL FUND SPECIAL CLASSES 575.25 SHAPING UP ABC'S AND 123'S GENERAL FUND SPECIAL CLASSES 620.75
SUNSHINE TODDLER WRKSHP GENERAL FUND SPECIAL CLASSES
TOTAL:
276.90_
1,472.90
PINNACLE HEALTHCARE MEDICAL GROUP VERDUZCO, OSCAR GENERAL FUND NON-DEPARTMENTAL 50.00 BARELA, FRANK GENERAL FUND NON-DEPARTMENTAL 50.00
RIPPLE, CRAIG GENERAL FUND NON-DEPARTMENTAL 50.00_
TOTAL: 150.00
PRINTMASTERS DONATION DRIVE BANNER GENERAL FUND SPECIAL EVENTS TOTAL:
158.41_
158.41
MCKENZIE RICKS SUGAR COOKIE DECORATING GENERAL FUND SPECIAL CLASSES 375.70_ TOTAL: 375.70
SUZANNE ROADY-ROSS T'AI CHI BEG/INTER GENERAL FUND SPECIAL CLASSES TOTAL:
240.50_
240.50
ROSSMOOR/LOS AL AREA SEWER APR/MAY/JUNE '23 PKG RENT GENERAL FUND POLICE ADMINISTRATION 1,500.00_ TOTAL: 1,500.00
SC FUELS GASOLINE BARRELS IN YARD GARAGE FUND GARAGE 1,779.21_ TOTAL: 1,779.21
CHERYL J. SCHNITZER LINE DANCE 05/01/23 GENERAL FUND SPECIAL CLASSES 9.75 LINE DANCE 05/08/23 GENERAL FUND SPECIAL CLASSES 9.75
LINE DANCE 05/15/23 GENERAL FUND SPECIAL CLASSES 19.50
LINE DANCE BEG/INTER GENERAL FUND SPECIAL CLASSES
TOTAL:
1,134.25_
1,173.25
SDI PRESENCE LLC SENTINEL ONE CONTROL MAY 2 GENERAL FUND FINANCE 362.70 IT SERVICES MAY 23 GENERAL FUND FINANCE 292.32
IT SERVICES MAY 23 TECHNOLOGY REPLACE ADMINISTRATIVE SERVICE 5,871.00 IT SVCS IRONSCALE 8.33% MA TECHNOLOGY REPLACE ADMINISTRATIVE SERVICE 441.96 IT SVCS IRON SCALES MAY 23 TECHNOLOGY REPLACE ADMINISTRATIVE SERVICE 441.96
T&M IT SUPPORT SERVICE MAY TECHNOLOGY REPLACE ADMINISTRATIVE SERVICE TOTAL:
8,977.50_
16,387.44
SHAWN WALTOWER - GUAVA GROOVE GUAVE GROOVE UKULELE BEGIN GENERAL FUND SPECIAL CLASSES 269.75
GUAVE GROOVE UKULELE INTER
KULA A'O UKULELE HOKULANI
GENERAL FUND
GENERAL FUND
SPECIAL CLASSES
SPECIAL CLASSES
161.85
982.80_
TOTAL: 1,414.40
WARRANTS 06/28/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
17 MCLEAN ENTERPRISES, INC. BUS CARDS LORRY&VANDINE GENERAL FUND COMMUNITY DEVEL ADMIN 102.87 BUS CARD FOR BLDG&SAFETY GENERAL FUND BUILDING INSPECTION 113.79 PARKLET DOOR HANGERS AMERICAN RESCUE PL NON - DEPARTMENTAL 480.79
PARKLET SERIES RETRACT BAN
WAKE UP LA CLEAN UP POSTAG
AMERICAN RESCUE PL
AMERICAN RESCUE PL
NON - DEPARTMENTAL
NON - DEPARTMENTAL
202.29
2,399.53_
TOTAL: 3,299.27
TIFFANY R DAVILA FACE PAINTING JULY 4 GENERAL FUND SPECIAL EVENTS TOTAL:
1,000.00_
1,000.00
TIME WARNER CABLE SPECTRUM TV 06/16-07/15/23 GENERAL FUND ADMINISTRATION 70.62 PHONE SERVICE (#6265) GENERAL FUND ADMINISTRATION
TOTAL:
39.99_
110.61
UNDERGROUND SERVICE ALERT OF SO CAL LSA01 DATABASE MAINT FEE GENERAL FUND STREET MAINTENANCE 46.75_ TOTAL: 46.75
UNITED PAVING CO RETENTION
NEW DUTCH HAVEN IMPROV SB
GENERAL FUND
GAS TAX
NON-DEPARTMENTAL
CAPITAL PROJECTS
7,330.60-
146,611.99_
TOTAL: 139,281.39
VOYAGER FLEET SYSTEMS, INC. FUEL GARAGE FUND GARAGE
TOTAL:
9,477.86_
9,477.86
WEST COAST ARBORISTS, INC. PLANT BOX (3) MEASURE M CAPITAL PROJECTS 762.00_ TOTAL: 762.00
WILLDAN ENGINEERING TRAFFIC ENGINEER GENERAL FUND CITY ENGINEER 1,120.00 TRAFFIC PLAN CHECK GENERAL FUND CITY ENGINEER 470.00
INTERIM PUBLIC WORKS MANAG GENERAL FUND CITY ENGINEER 17,737.50 CITY ENGINEER GENERAL FUND CITY ENGINEER 8,400.00
PLAN CHECKING GENERAL FUND CITY ENGINEER 7,359.50
EMERGENCY EXIT SIGN GENERAL FUND CITY ENGINEER 4,862.00 TRAFFIC ENGINEER GENERAL FUND CITY ENGINEER 2,380.00
TRAFFIC PLAN CHECK GENERAL FUND CITY ENGINEER 2,987.25
2021-22 STREET IMPROVEMENT GENERAL FUND CAPITAL PROJECTS 3,002.00 2021-22 STREET IMPROVEMENT GENERAL FUND CAPITAL PROJECTS 120.00 2022-23 STREET IMPROVEMENT GENERAL FUND CAPITAL PROJECTS 5,991.50 NEW DUTCH HAVEN GAS TAX CAPITAL PROJECTS 1,230.00
BLOOMFIELD PMRF GAS TAX CAPITAL PROJECTS
TOTAL:
3,330.00_
58,989.75
WARRANTS 06/28/2023
VENDOR SORT KEY DESCRIPTION FUND DEPARTMENT AMOUNT_
18 =============== FUND TOTALS ================
10 GENERAL FUND 112,012.60
20 GAS TAX 151,171.99
26 MEASURE M 762.00
50 GARAGE FUND 22,298.54
53 TECHNOLOGY REPLACEMENT 15,732.42
56 AMERICAN RESCUE PLAN ACT 3,107.61
99 POOL CLEARING FUND 1,300.89
GRAND TOTAL: 306,386.05
19 Retirees Medical Reimbursement
Date: June 01, 2023 Number of Transactions: 15 Total Batch: $8596.68
20 Payroll 6/09/2023
-----------------------------------------------------------DEPARTMENT RECAP-- ------------------------------------------------------- DEPT NO# GROSS REGULAR OVERTIME LEAVE OTHER DEDUCTIONS TAXES NET 10-510 City Council 923.20 923.20 0.00 0.00 0.00 36.50 13.40 873.30 10-511 City Manager/ City Clerk 23,027.59 16,668.99 0.00 819.60 5,539.00 2,893.03 3,966.38 16,168.18 10-512 Finance 8,765.20 7,485.80 0.00 0.00 1,279.40 713.40 1115.00 6,936.80 10-521 Police Administration 22,182.00 18,385.50 0.00 0.00 3,796.50 2,514.48 4,515.91 15,151.61 10-522 Police- Patrol 77,815.64 51,740.15 11,914.22 5,407.86 8,753.41 13,127.01 13,025.18 51,663.45 10-523 Police- Investigation 13,870.52 11,704.10 0.00 501.90 1,664.52 4,312.40 1,555.59 8,002.53 10-524 Police- Records 9,700.97 5,818.31 0.00 151.35 3,731.31 611.36 1,259.37 7,830.24 10-526 Police- Community Outreach 1,642.68 0.00 0.00 0.00 1,642.68 61.60 88.64 1,492.44 10-527 Police-Youth Progams 5,880.17 3,186.40 2011.69 0.00 682.08 818.33 937.92 4,123.92 10-528 Police- Traffic 2,973.71 0.00 0.00 0.00 2,973.71 111.52 80.35 2,781.84 10-531 Development Services- Administration 22,336.53 15,941.90 0.00 578.80 5,815.83 2,448.04 3,794.16 16,094.33 10-532 Development Services- Planning 3,332.40 2,229.12 0.00 660.48 442.80 510.12 611.66 2,210.62 10-533 Development Services- Neighborhood Preservation 4,204.12 2,089.44 0.00 0.00 2,114.68 248.23 517.44 3,438.45 10-542 Development Services- Street Maintenance 7,195.32 5,095.80 0.00 1,205.62 893.90 1,387.50 421.45 5,386.37 10-543 Development Services- Park Maintenance 995.00 0.00 0.00 0.00 995.00 37.31 69.37 888.32 10-544 Development Services- Facility Maintenance 2,135.40 1,688.32 0.00 211.04 236.04 351.74 27.94 1,755.72 10-545 Economic Development 2,891.61 2,235.63 0.00 268.28 387.70 194.09 137.95 2,559.57 10-551 Recreation Administration 32,296.71 22,176.65 180.36 2,984.15 6,955.55 4,668.74 4,142.67 23,485.30 10-556 Recreation- Sports 24,210.26 0.00 0.00 206.33 24,003.93 907.88 1,394.54 21,907.84 TOTALS $266,379.03 $167,369.31 $14,106.27 $12,995.41 $71,908.04 $35,953.28 $37,674.92 $192,750.83 REGULAR INPUT: 123 MANUAL INPUT: 0 CHECK STUB COUNT: 3 DIRECT DEPOSIT STUB COUNT: 120
21 Payroll 6/09/2023
BENEFITS & WITHHOLDINGS
Fed Taxes Employee/ Employer (MediCare) $32,424.12
Employee
$28,669.08
Employer
$3,755.04
State Taxes Employee $9,005.84
ICMA Employee $3,649.06
PD Association Employee $1,475.51
LosAl Employees Assoc Employee $240.00
Nationwide - Full Time Employee $840.00
Nationwide - PT Employee/ Employer $2,951.60 $1,475.80 $1,475.80 PERS Deferred Comp Employee $1,455.98
PERS Employee/ Employer $47,762.29 $19,255.06 $28,507.23 AFLAC Employee $123.30
PERS Medical Employee/ Employer $72,523.55
Delta Dental PPO Employer $4,275.90
Delta Dental HMO Employer $376.14
VSP Vision Employer $979.58
Standard Self Admin Employee/ Employer $1,834.17
Standard Life Optional Employee $360.65
TOTALS $180,277.69 $49,399.94 $33,738.07
DEDUCTION GRAND TOTALS
----------EARNINGS----------- -----------DEDUCTIONS----------- -------------------TAXES--------------------
DESC HRS AMOUNT CD ABBV EMPLOYEE EMPLOYER DESC TAXABLE EMPLOYEE EMPLOYER WCSM 80.00 $4,015.20 125 I-125 $770.05 FED W/H $228,598.24 $24,914.04 REG 3,940.76 $167,369.31 129 I-129 $192.31 ST WH CA $228,598.24 $9,005.84 PTRG 1,901.50 $35,537.58 AFP AFLPT $25.93 MEDI $258,964.82 $3,755.04 $3,755.04 PHEO 78.67 $2,322.51 DCI DCICM $3,117.60
HOL 346.00 25$15,676.37 DCM DCICM $350.00
OT 4.50 82$180.36 DCN DCNW $840.00
OTS 163.53 00$13,775.28 DCP DCPRS $1,375.76
CTOT 2.00 0$150.63 DD1 DPPO1 $247.50
CAR 0.00 $1,100.00 DD2 DPPO2 $211.50
CELL 0.00 $940.00 DD3 DPPO3 $697.95
PPHC 0.00 $469.68 DD4 DDMO1 $23.13
MEDR 0.00 $5,950.00 DD5 DDMO2 $13.89
SPAS 0.00 $1,462.64 DD6 DDMO3 $102.75
SPSK 0.00 $124.72 DI% DCI% $93.92
UNIF 0.00 $75.00 DIS DISAF $15.74
UNI2 0.00 $75.00 DLI DCLIC $87.54
FTO 0.00 $297.50 DLP DCLPE $80.22
RTRO 0.00 $230.49 LEA LAEAD $240.00
ADML 18.50 $840.72 LIF LIFE $186.31
COMP 12.33 $618.84 LTD A LTD $102.37
EAU 12.00 $572.22 MED MDINS $6,618.23 $23,395.05
EAA 72.00 $0.00 PBB PRSBB $481.97
COMA 74.02 $0.00 PN1 PEPME $3,716.72
FLHO 59.01 $3,002.24 PN2 PEPMR $4,113.16
SICK 65.58 $1,979.60 PN3 PEPSE $6,922.06
VAC 111.07 $5,587.67 PN4 PEPSR $6,804.93
POST2 0.00 $191.28 POA POA $120.00
POST5 0.00 $200.00 POS POAS $1,355.51
POST6 0.00 $450.00 PR0 PRM8 $1,955.46
POST7 0.00 $2,585.07 PR2 PRSMR $7,422.70
POVA 11.08 $394.12 PR4 PRSSR $10,166.44
BILI 0.00 $150.00 PR5 PRSB4 $965.33
HOT $0.00 $55.00 PR6 PRSAF $2,201.42
PR7 PRMB4 $928.54
PR8 PRMAF $1,348.47
PR9 PRSCC $685.80
RTP RT-PT 1475.8 1475.8
SUR SURVI $50.22
VS1 VIS1 $74.48
VS2 VIS2 $53.41
VS3 VIS3 $164.64
Totals 6,952.55 $ 266,379.03
$35,953.28 $55,317.33 $ 37,674.92 $3,755.04
22 Payroll 6/23/2023
-----------------------------------------------------------DEPARTMENT RECAP-- ------------------------------------------------------- DEPT NO# GROSS REGULAR OVERTIME LEAVE OTHER DEDUCTIONS TAXES NET 10-510 City Council 923.20 923.20 0.00 0.00 0.00 36.50 13.40 873.30 10-511 City Manager/ City Clerk 22,593.59 19,492.70 0.00 494.26 2,606.63 2,884.81 3,854.48 15,854.30 10-512 Finance 8,705.20 8,555.20 0.00 0.00 150.00 713.40 1104.88 6,886.92 10-521 Police Administration 34,572.00 25,988.80 0.00 5,304.60 3,278.60 5,513.32 7,144.50 21,914.18 10-522 Police- Patrol 144,988.25 51,577.09 20,000.76 64,814.75 8,595.65 20,863.21 29,496.39 94,628.65 10-523 Police- Investigation 20,026.43 6,827.07 3,168.71 9,160.41 870.24 3,744.62 3,858.86 12,422.95 10-524 Police- Records 9,646.73 6,729.58 0.00 59.57 2,857.58 612.70 1,222.46 7,811.57 10-526 Police- Community Outreach 1,684.80 0.00 0.00 0.00 1,684.80 63.18 95.89 1,525.73 10-527 Police-Youth Progams 4,376.59 3,004.32 521.55 318.64 532.08 816.59 453.07 3,106.93 10-528 Police- Traffic 3,046.37 0.00 0.00 0.00 3,046.37 114.25 95.06 2,837.06 10-531 Development Services- Administration 25,059.05 20,350.10 0.00 977.10 3,731.85 2,735.80 4,205.52 18,117.73 10-532 Development Services- Planning 3,302.40 1,300.32 0.00 2002.08 0.00 510.12 601.56 2,190.72 10-533 Development Services- Neighborhood Preservation 4,240.83 2,321.60 130.59 0.00 1,788.64 244.71 546.18 3,449.94 10-542 Development Services- Street Maintenance 9,235.20 5,992.47 0.00 2,582.73 660.00 1,815.50 607.08 6,812.62 10-543 Development Services- Park Maintenance 965.00 0.00 0.00 0.00 965.00 36.19 65.36 863.45 10-544 Development Services- Facility Maintenance 2,135.40 2,110.40 0.00 0.00 25.00 351.74 27.94 1,755.72 10-545 Economic Development 2,861.60 2,325.05 0.00 536.55 0.00 194.09 132.58 2,534.93 10-551 Recreation Administration 31,879.97 26,505.85 0.00 2,296.12 3,078.00 4,666.72 4,032.24 23,181.01 10-556 Recreation- Sports 30,961.60 0.00 0.00 688.71 30,272.89 1161.06 1,878.68 27,921.86 TOTALS $361,204.21 $184,003.75 $23,821.61 $89,235.52 $64,143.33 $47,078.51 $59,436.13 $254,689.57 REGULAR INPUT: 127 MANUAL INPUT: 0 CHECK STUB COUNT: 2 DIRECT DEPOSIT STUB COUNT: 125
23 Payroll 6/23/2023
BENEFITS & WITHHOLDINGS
Fed Taxes Employee/ Employer (MediCare) $50,243.47
Employee
$45,125.65
Employer
$5,117.82
State Taxes Employee $14,310.48
ICMA Employee $3,642.51
PD Association Employee $1,475.51
LosAl Employees Assoc Employee $280.00
Nationwide - Full Time Employee $1,540.00
Nationwide - PT Employee/ Employer $3,470.46 $1,735.23 $1,735.23 PERS Deferred Comp Employee $1,455.98
PERS Employee/ Employer $70,187.32 $27,726.05 $42,461.27 AFLAC
PERS Medical
Delta Dental PPO
Delta Dental HMO
VSP Vision
Standard Self Admin
Standard Life Optional
TOTALS
Employee
Employee/ Employer
Employer
Employer
Employer
Employee/ Employer
Employee
$146,605.73 $74,586.93 $49,314.32
DEDUCTION GRAND TOTALS
----------EARNINGS----------- -----------DEDUCTIONS----------- -------------------TAXES--------------------
DESC HRS AMOUNT CD ABBV EMPLOYEE EMPLOYER DESC TAXABLE EMPLOYEE EMPLOYER WCSM 80.00 $4,015.20 125 I-125 $770.05 FED W/H $313,160.88 $40,007.83 REG 4,269.08 $184,003.75 129 I-129 $192.31 ST WH CA $313,160.88 $14,310.48 PTRG 2,304.75 $42,288.62 AFP AFLPT $25.93 MEDI $352,950.40 $5,117.82 $5,117.82 PHEO 79.78 $2,354.47 DCI DCICM $3,117.60
INJY 10.00 25$478.20 DCM DCICM $350.00
OT 3.00 82$130.59 DCN DCNW $1,540.00
OTS 256.66 00$21,280.08 DCP DCPRS $1,375.76
CTOT 29.25 0$2,410.94 DD1 DPPO1 $247.50
MOT 0.00 $301.00 DD2 DPPO2 $211.50
CAR 0.00 $1,100.00 DD3 DPPO3 $697.95
CELL 0.00 $30.00 DD4 DDMO1 $23.13
PPHC 0.00 $469.68 DD5 DDMO2 $27.78
MEDR 0.00 $5,950.00 DD6 DDMO3 $123.30
SPAS 0.00 $1,213.20 DI% DCI% $87.37
SPSK 0.00 $124.72 DIS DISAF $15.74
OCWD 0.00 $250.00 DLI DCLIC $87.54
OCWE 0.00 $160.00 DLP DCLPE $80.22
UNIF 0.00 $125.00 LEA LAEAD $280.00
UNI2 0.00 $75.00 LIF LIFE $186.31
FTO 0.00 $288.74 LTD A LTD $102.37
RTRO 0.00 $1,445.19 MED MDINS $6,979.63 $24,839.05
ADML 20.00 $812.25 PBB PRSBB $481.97
COMP 80.00 $3,208.04 PN1 PEPME $4,021.22
EAU 72.00 $3,713.88 PN2 PEPMR $4,450.13
EAA 12.00 $0.00 PN3 PEPSE $11,710.33
COMA 27.38 $0.00 PN4 PEPSR $11,512.14
FLHO 18.00 $708.14 POA POA $120.00
SICK 188.92 $5,158.34 POS POAS $1,355.51
VAC 69.25 $2,777.35 PR0 PRM8 $1,955.46
HOLP 1384.00 $72,857.52 PR2 PRSMR $7,422.70
POST2 0.00 $191.28 PR4 PRSSR $19,076.30
POST7 0.00 $2,335.63 PR5 PRSB4 $2,088.53
BERV $30.00 $947.40 PR6 PRSAF $4,454.58
PR7 PRMB4 $928.54
PR8 PRMAF $1,348.47
PR9 PRSCC $685.80
RTP RT-PT 1735.23 1735.23
SUR SURVI $51.15
VS1 VIS1 $74.48
VS2 VIS2 $61.04
VS3
WG5
VIS3
WAGAR $1,300.89
$178.36
Totals 8,934.07 $ 361,204.21
$47,078.51 $71,030.59 $ 59,436.13 $5,117.82
MINUTES OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS
REGULAR MEETING
Tuesday, June 20, 2023
1. CALL TO ORDER
The City Council met in Regular Session at 6:05 p.m., Tuesday, June 20, 2023, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Doby presiding.
2. ROLL CALL
Present: Council Members: Hasselbrink, Hibard, Murphy
Mayor Pro Tem Nefulda, Mayor Doby
Absent: Council Members: None
Present: Staff: Chet Simmons, City Manager
Michael Claborn, Chief of Police
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
Chelsi Wilson, Administrative Services Manager
3. PLEDGE OF ALLEGIANCE
Mayor Doby led the Pledge of Allegiance.
4. INVOCATION
Mayor Pro Tem Nefulda gave the Invocation.
Chief Claborn requested a moment of silence in recognition of Eric Wilson and requested the meeting be adjourned in his honor.
5. PRESENTATIONS
Mayor Doby and the City Council presented the listed items.
A. Badge Pinning Ceremony Honoring Captain Kain Gallaugher B. Presentation of a Plaque to Officer Marc Navarro for Being Awarded the Attorney General's Award for Distinguished Service in Community Policing
City Council Regular Minutes
June 20, 2023
C. Presentation to Community Partners in Recognition of Supporting the 40th Infantry Division at the Joint Forces Training Base D. Presentation of a Certificate to Garage Pilates in Recognition of Being Featured in the Mayor's Business Spotlight
E. Presentation of a Proclamation to the Parks, Recreation, and Cultural Arts Commission Recognizing Parks Make Life Better Month F. Presentation by Marilynn Poe, Board President, Providing an Update Regarding the Los Alamitos Museum Association
Board President Poe gave a brief overview of the Los Alamitos Museum Association.
G. Presentation by Police Sergeant Krogman Regarding an Update on EBike Safety Sergeant Krogman gave a brief update of the E-Bike Safety Program.
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.
Mayor Doby opened Oral Communications.
Elizabeth Hansberg spoke in favor of the City’s certified housing Element.
Randy Hill, resident, spoke regarding sidewalk width and light poles within the Highlands neighborhood.
Helen spoke in opposition to the City’s Housing Element and the City’s financial documents.
Maggie Marchese, resident, spoke if favor of the work being done by the City and urged Council to continue to keep the residents best interest in mind.
Tom Almazar, resident, spoke in opposition to the Lampson project.
Mayor Doby closed Oral Communications.
7. UPDATES FROM THE MAYOR
At this time, the Mayor may report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken.
Mayor Doby encouraged residents to fact check information they here in public
City Council Regular Minutes
June 20, 2023
and to reach out to Staff and Council with questions and concerns. She shared Fireworks Safety Tips and spoke briefly about the Los Alamitos Aquatics program.
8. UPDATES FROM CITY STAFF
At this time, City Staff may report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken.
Recreation and Community Services Director Noda spoke regarding the upcoming 3 rd of July event.
Chief Claborn spoke regarding the upcoming Torch Run and Tip-A-Cop event to help raise funds for the Special Olympics.
Nicole Criste, Terra Nova, spoke regarding the Housing Element and explained the Housing Element demonstrates the City’s ability to provide housing and does not guarantee future developments.
9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from May 1, 2023 to May 31, 2023.
Motion/Second: Hasselbrink/Hibard
Unanimously Carried: The City Council ratified the Warrants for the period from May 1, 2023 to May 31, 2023 in the amount of $1,524,160.27.
Roll Call
Mayor Doby Aye
Mayor Pro Tem Nefulda Aye
Council Member Hasselbrink Aye
Council Member Hibard Aye
Council Member Murphy 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 Hibard pulled items 10B, E, F, G, I J, and L and requested individual reports for each item.
Motion/Second: Hibard/Nefulda
Unanimously Carried: The City Council approved the following Consent Calendar Items:
City Council Regular Minutes
June 20, 2023
A. Approval of Minutes (Administration)
City Council approved the City Council Regular Meeting Minutes of May 15, 2023.
C. Los Alamitos Museum Association: Proposed Schedule, Yearly Recap, and Budget (Administration)
The Los Alamitos Museum Association’s proposed schedule, yearly recap, and budget for the 2023-2024 fiscal year are being provided to the City Council for approval.
The City Council:
1. Approved the Los Alamitos Museum Association’s proposed schedule, activity plan, and budget for Fiscal Year 2023-2024; and,
2. Authorized the City Manager and/or his designee to approve any change to the schedule, activity plan, and budget.
D. Resolution 2023-18 - Approving the Fiscal Year 2023-2024 Project List for SB-1 Funds in the estimated amount of $294,072 towards the Carrier Row Street Improvement Project (Development Services) The City of Los Alamitos receives transportation funding from the State in the form of grants or direct allocation of Motor Vehicle Fuel Tax (Gas Tax) through the Highway Users Tax Account (HUTA). The Road Repair and Accountability Act of 2017 (SB-1) provides funding for the maintenance and repair of local streets and roads through a Road Maintenance and Rehabilitation Account (RMRA). To be eligible for funding, the City must submit a proposed project list to the California Transportation Commission along with a resolution documenting the approval of the City’s amended Capital Improvement budget to include the project to receive RMRA funding. Staff recommends the use of the RMRA funding for road improvements for the Carrier Row Street Improvement Project FY 22-23 in the estimated amount of $294,072.
The City Council:
1. Determined that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and,
2. Adopted Resolution No. 2023-18, entitled, “A RESOLUTION OF
THE CITY COUNCIL OF LOS ALAMITOS, CALIFORNIA, TO
ADOPT A LIST OF PROJECTS FOR FISCAL YEAR 2023-24
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY
ACT OF 2017 TOWARDS THE CARRIER ROW NEIGHBORHOOD
City Council Regular Minutes
June 20, 2023
STREET IMPROVEMENT PROJECT FY 23-24."
H. Approval of Street Curb Address Painting Services for the 2023 Cycle with Canning Hunger (Development Services)
In November of 2003, City Council adopted Resolution No. 1939 allowing non-profit organizations located outside of the City to benefit from the administration of a street address painting contract within the City. The City’s process requires that the interested non-profit organization(s) apply bi-annually for City Council approval.
The City Council:
1. Authorized street curb address painting services for 2023 on a strictly donation basis, with Canning Hunger; and,
2. Authorized the City Manager to issue a no-fee solicitor’s permit and no-fee encroachment permit.
K. Approval of the Request for Proposals (RFP) 2023-03 and Authorization to Bid for Concrete Shaving Remediation Services (CIP No. 22/23-08) (Development Services)
This item recommends action to solicit bids that will facilitate concrete shaving remediation services throughout the City.
The City Council:
1. Approved the Request for Proposals (RFP) 2023-03 for concrete shaving remediation services throughout the City; and,
2. Authorized Staff to advertise and solicit bid proposals.
M. Community Development Block Grant (CDBG) Program Cooperative Agreement – Amendment for Fiscal Years July 1, 2024 – June 30, 2027 (Development Services)
The County of Orange is currently in the process of re-qualifying for entitlement status as an Urban County. This entitlement status and the number of cities participating in the Urban County are part of determining Community Development Block Grant (CDBG) funding for an Urban County. Consistent with the Department of Housing and Urban Development (HUD) regulations, they sent existing participating cities notification of the current Cooperation Agreement and new Amendment.
The agreement requires signatures from the Los Alamitos City Council to renew automatically (for July 1, 2024 – June 30, 2027) unless the City notifies the County and HUD in writing of its intent to terminate the agreement at the end of the current qualification period (June 30, 2023).
City Council Regular Minutes
June 20, 2023
The City Council authorized the City Manager to execute Amendment No. 6 to the Cooperative Agreement between the County of Orange and the City of Los Alamitos for participation in the Urban County Program to utilize Community Development Block Grant (CDBG) program funds for Fiscal Years July 1, 2024 – June 30, 2027.
End of Consent Calendar
Items Pulled from Consent Calendar
B. Approval of the Request for Bids (RFB) 2023-03 and Authorization to Bid for Community Center Divider Wall Replacement Project (Development Services)
This item authorized the solicitation of bids for the installation and/or upgrade of an existing divider wall in the Los Alamitos Community Center.
City Manager Simmons introduced the item. Development Services Director Noda summarized the Staff report.
Council Member Hibard and Staff discussed that the roof replacement would not affect the divider wall and the minimum sound transmission rating.
Motion/Second: Hasselbrink/Hibard
Unanimously Carried: The City Council:
1. Approved the Request for Bids (RFB) 2023-03 for the
installation/upgrade to the Community Center Divider Wall Replacement Project; and,
2. Authorize Staff to advertise and solicit bid proposals.
E. Amendment No. 1 with Fuscoe Engineering, Inc. for Consulting Services (Development Services)
This item provides a basis for continuing consulting services with Fuscoe Engineering, Inc. regarding the annual preparation of the City’s Program Effectiveness Assessment (PEA) Report for two (2) additional years for an annual cost of $15,000, resulting in a total cost of $30,000. The current Consulting Services Agreement (CSA) will expire on June 21, 2023, and includes two (2) permissible two- year extensions.
City Manager Simmons introduced the item.
Council Member Hibard received clarification regarding the term of the contract.
City Council Regular Minutes
June 20, 2023
Motion/Second: Hasselbrink/Nefulda
Unanimously Carried: The City Council authorized the Mayor to execute Amendment No. 1 to the Consulting Services Agreement (CSA) with Fuscoe Engineering, Inc. for a two-year contract extension ending on June 21, 2025 for an annual amount of $15,000 and a total two-year amount of $30,000.
F. Amendment No. 1 with Crosstown Electrical & Data Inc. for Traffic Signal Maintenance Services (Development Services)
This item provides a basis for continuing services with Crosstown Electrical & Data Inc., to provide citywide traffic signal maintenance services for one additional year. The current Professional Services Agreement (PSA) will expire on June 21, 2023, but the parties can agree to utilize the first of three (3) allowable one-year extensions.
City Manager Simmons summarized the Staff report.
Council Member Hibard received clarification regarding the term of the contract.
Motion/Second: Hasselbrink/Hibard
Unanimously Carried: The City Council authorized the Mayor to execute Amendment No. 1 to the Professional Services Agreement (PSA) with Crosstown Electrical & Data Inc. for a one-year contract extension ending on June 21, 2024 in the amount of $14,742 for routine inspections and an additional amount of $30,000 for emergency services for a maximum contract amount totaling $44,742 annually.
G. Measure M2 Seven Year Capital Improvement Program (Development Services)
Annual submittal of Measure M2 eligibility documentation to the Orange County Transportation Authority (OCTA) is required in order to remain eligible to receive Measure M2 sales tax revenue funds. The submittal documentation this year requires City Council approval of an updated Measure M2 Seven Year Capital Improvement Program, adoption of a resolution attesting to the County’s Master Plan of Arterial Highways Circulation Element and Mitigation Fee Program, adoption of a resolution attesting to the Pavement Management Plan, and adoption of a resolution attesting to the update to the Local Signal Synchronization Plan (LSSP).
City Manager Simmons summarized the Staff report.
Council Member Hibard referred to several clerical discrepancies between this report and the City’s proposed budget. City Manager Simmons and Development Services Director Noda advised those clerical issues would be corrected on the draft form before the document is finalized.
City Council Regular Minutes
June 20, 2023
Motion/Second: Murphy/Nefulda
Unanimously Carried: The City Council:
1. Approve and authorize Staff to submit to the Orange County Transportation Authority the Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2023/24 through 2029/30, to comply with Measure M2 eligibility criteria; and,
2. Adopt Resolution No. 2023-13, entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
CONCERNING THE STATUS AND UPDATE OF THE
CIRCULATION ELEMENT, AND MITIGATATION FEE PROGRAM
FOR THE MEASURE M (M2) PROGRAM”; and,
3. Adopt Resolution No. 2023-14, entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT
MANAGEMENT PLAN FOR THE MEASURE M2 (M2) PROGRAM”;
and,
4. Adopt Resolution No. 2023-15, entitled, “A RESOLUTION OF THE
CITY COUNCIL OF LOS ALAMITOS CONCERNING THE UPDATE
OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE
MEASURE M (M2) PROGRAM”.
I. Notice of Completion (NOC) for the Street Improvements on Various Streets FY 2021-2022 Project (CIP No. 21/22-03) (Development Services)
The City of Los Alamitos hired a roadway contractor for street improvements related to grind and overlay of various residential streets throughout the City as part of the City’s ongoing pavement management program. Staff is recommending that City Council accept the work as completed, direct filing of the Notice of Completion, and authorize retention release as prescribed by the Public Contracts Codes.
City Manager Simmons summarized the Staff report.
Council Member Hibard and Staff discussed ongoing resident complaints in the Highlands, the project being covered by warranty should additional work be required, and acceptance of the Notice of Completion would not alleviate the contract of its obligation to perform satisfactory work.
Council Member Murphy called for a point of privilege and requested the Chamber door be closed.
City Council Regular Minutes
June 20, 2023
Motion/Second: Hasselbrink/Nefulda
Motion Carried 3/2 (Hibard and Murphy voted no): The City Council:
1. Accepted as complete the construction by RJ Noble Company for the Street Improvements on Various Streets FY 2021-2022 Project (CIP No. 21/22-03); and,
2. Directed the City Clerk to record the Notice of Completion/Final Report with the County Recorder’s Office; and,
3. Authorized Staff to release the 5% retention to the contractor, in the amount of $72,201.35, thirty-five (35) days after recordation of the Notice of Completion.
J. Approval of Plans and Specifications and Authorization to Bid for the Bloomfield Neighborhood Street Rehabilitation Project (CIP No. 22/23- 06) (Development Services)
The City of Los Alamitos is being awarded $200,000 in federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funding through the 2021 Pavement Management Relief Funding (PMRF) Program.
This item seeks approval to facilitate the solicitation of bids to begin the Bloomfield Neighborhood Street Rehabilitation Project (CIP No. 22/23-06) and City Manager authorization to sign the Master Agreement(s) with Caltrans to facilitate the funding.
City Manager Simmons summarized the Staff report.
Council Member Hibard referred to several clerical errors within the report.
Development Services Director Noda advised those would be corrected before the document was released.
Motion/Second: Hasselbrink/Nefulda
Unanimously Carried: The City Council:
1. Approved the plans and specifications for the Bloomfield Neighborhood Street Rehabilitation Project (CIP No. 22/23-06); and,
2. Authorized Staff to advertise and solicit bid proposal; and,
3. Adopted Resolution No. 2023-12, entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
AGREEMENTS RELATED TO CLAIMING FUNDS FOR THE
City Council Regular Minutes
June 20, 2023
BLOOMFIELD NEIGHBORHOOD STREET REHABILITATION
PROJECT (CIP NO. 22/23-06) FROM THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION.”
L. Annual Comprehensive Financial Report (ACFR) (Finance) For City Council consideration is the receipt of the fiscal year 2021-22 audit reports.
City Manager Simmons summarized the Staff report.
City Council and Staff discussed the following:
• Peer review includes review of the figures and verbiage of the audit without source documents
• Previous audit firm has been released from duty
• Necessary adjustments in regard to GASB 72, Fair Value Measurement and Application
• Calculations regarding investment income and investment earnings • Concerns pension liability is not held within a trust • Pension liability could be discussed during Council goal setting • Prior Council’s preference to paying down unfunded liabilities • Reference to typographical errors
City Manager Simmons stated in the interest of ensuring transparency he would like to pull the item from Council consideration. He stated Staff would review the document for numerical and typographical issues with the City’s new auditors.
11. PUBLIC HEARING
A. Annual Operating and Capital Improvement Program Budget Adoption for Fiscal Year 2023-24 (Finance)
City Charter Sections 1201-1205 govern the development and adoption of the City’s Annual Budget. Section 1203 requires a public hearing for public input on the proposed budget. Thereafter, the City Council shall consider adoption of the budget with revisions, if any; establish estimated revenues, expenditure appropriations, and transfers of funds of the City.
City Manager Simmons introduced the item.
Finance Director Koehler summarized the Staff report, gave a PowerPoint presentation, and answered questions from the City Council.
Mayor Doby opened the Public Hearing for comments.
Dan Brandt spoke regarding the following: shared community resources (i.e.
City Council Regular Minutes
June 20, 2023
school district, dispatch, sports, etc.); support for allocating money towards employees compensation and benefits as opposed to capital improvement projects; ineffectiveness of retention bonuses; workforce constraints of a small Police department; need to stay competitive in the workforce; and, spoke in favor of appropriately compensating employees.
Carol Churchill spoke regarding Chief Claborn’s advocacy for the Police Department and inaccurate reporting within the City’s financial documents related to investment income earnings.
Mayor Doby Closed the Public Hearing for comments.
Council Member Hibard requested each recommendation be considered separately indicating it would likely change the way she voted.
Motion/Second: Hibard/Murphy
Motion Failed 2/3 (Doby, Hasselbrink, and Nefulda voted no): Request for Council to consider each recommendation as a separate action.
Council Member Murphy asked the following questions and received answers from Staff:
• p. 687 – Reference to the adopted Resolution number will be corrected • p. 750 – Bloomfield project includes funding from two sources • p. 773 – Accounts will be corrected to reflect funding from all sources • p. 752 – Examples of funds spent from the Supplemental Law Enforcement Fund (SLEF) will be provided at a later date • p. 753 – Possibility to use AQMD funds towards LED light replacement Note: Page numbers refer to the page of the entire June 20, 2023 PDF agenda packet City Manager Simmons advised a complete breakdown of each Capital Improvement Project (CIP) including funding sources could be provided to Council at a later date if required as Staff did not have access to supporting data during a Council meeting.
Council Member Hasselbrink questioned if correctly noting the funding sources would change the overall budgeted amounts. City Manager Simmons stated it would not.
Council Member Murphy stated her concern was inaccurate information. She indicated her background was in assets management and believed these numerical errors would change the overall balance of funds. She stated opposition to approving an incorrect budget.
Council Member Hibard stated support for delaying approval and inquired if
City Council Regular Minutes
June 20, 2023
she should present her questions at this time.
City Manager Simmons proposed adopting the Budget as a complete package and possibly holding a special meeting at a later date to review any perceived discrepancies within the CIP Budget.
Council Member Hasselbrink questioned the repercussions of not adopting a budget by July 1, 2023. City Manager Simmons stated the City would be in violation of its Charter, operations would continue to be funded at their 2022/23 funding levels, which would cause the City to default on payments and disable the City from early making payments towards the pension obligation which would save on interest.
Council Member Hibard advised she had concerns. City Manager Simmons stated Staff would take notes and provide answers at a later date.
Council Member Hibard provided the following statements:
• p. 688 and p. 773 reflect different totals for:
o Gas Tax and Measure M funds
o General Fund expenditure and CIP expenditure
• p. 711 reflects outdated objectives for Administration • Received an overview of the Backup Generator Project, including how the estimated cost was formulated and clarification on the approval process coming before Council at a later date
• Demolition of the LATV building
• Urged caution in proceeding with the adoption of budget Motion/Second: Hasselbrink/Nefulda
Passed 3/2 by a Roll Call Vote: The City Council:
1. Reviewed, received, and filed the department overviews for Fiscal Year 2023-24; and,
2. Conducted a Public Hearing on the Proposed Annual Operating and Capital Improvement Program Budget; and,
3. Adopted Resolution No. 2023-16, entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING
THE ANNUAL OPERATING AND CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2023-24"; and,
4. Authorized the City Manager to enter into the Side Letter Agreement with the Teamsters; and,
5. Authorized the City Manager to enter into the Side Letter Agreement with
City Council Regular Minutes
June 20, 2023
the Police Officers Association (POA); and,
6. Adopted Resolution No. 2023-17, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING RESOLUTION NUMBER 2023-09, THE SALARY AND BENEFIT
RESOLUTION FOR NON- REPRESENTED EMPLOYEES"
Roll Call
Mayor Doby Aye
Mayor Pro Tem Nefulda Aye
Council Member Hasselbrink Aye
Council Member Hibard No
Council Member Murphy No
12. 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 Murphy spoke regarding the following: attendance at the 40th Infantry Deployment Ceremony; clarification on her background in Asset Management and Finance; performing her due diligence in understanding the budget and ensuring fiscal discipline; stated she would not approve an inaccurate budget; and, and stated opposition to Council proceeding with adoption of the budget.
Council Member Hibard spoke regarding the following: attendance at the Memorial Day Parade hosted at Cottonwood Church; toured the Casa Youth Shelter facility; attendance at the Orange County Library Board meeting; registered to participate in the Race Los Al; attendance at the Orange County Sanitation District Board meeting; and, celebrated the 79th Anniversary of D-Day.
Mayor Pro Tem Nefulda stated he had nothing to report.
Council Member Hasselbrink stated she had nothing to report.
Mayor Doby spoke regarding attendance at the Orange County Mosquito and Vector Control District Board meeting; City Selection Committee meeting; Good Morning Los Al; St. Isidore Art and Appetizers; tour of the Orange County Sanitation District; Sunset Saturday’s Night Market on Pine Street; Sunburst Youth Academy Graduation; met with representatives from the Governor’s office; League of California Cities event regarding surplus land; and, the Los Alamitos High School Graduation.
City Council Regular Minutes
June 20, 2023
13. ADJOURNMENT
The City Council adjourned at 9:35 p.m. in memory of Eric Wilson.
Tanya Doby, Mayor
Attest:
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 17, 2023 ITEM NUMBER: 10B
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Award of Janitorial Services Agreement to Base Hill Inc., for Janitorial Services at City Facilities
SUMMARY
On May 22, 2023, staff received and reviewed bids to the City’s Request for Proposals (RFP) 2023-02 for janitorial services for specified City facilities including City Hall 1, City Hall 2, the Council Chamber, the Public Works Garage, the Public Works break room, Community Center, Youth Center, and the Preschool Building. This item seeks award to Base Hill, Inc., in accordance with the fee schedule noted herein.
RECOMMENDATION
1. Award the bid for RFP 2023-02; and,
2. Authorize the Mayor to execute the Janitorial Services Agreement with Base Hill, Inc. for janitorial services in an amount not to exceed $69,719.88 annually, for an initial term of two (2) years.
BACKGROUND
In an effort to maintain the health and safety of the public and City staff, the City is responsible for cleaning and sanitizing various City facilities. Certain city facilities are currently serviced by the City’s contracted janitorial services team. Those facilities include City Hall 1, City Hall 2, Council Chamber, Public Works Garage, Public Works break room, Community Center, Youth Center and the Preschool building. There is one dedicated City staff member who is assigned to night-time cleaning of the Police Department due to security concerns, as well as park restrooms and the Los Alamitos Museum.
Professional cleaning services include many benefits, including a safer and healthier work and visiting environment, a positive and professional appearance, and long-term cost savings. The current contract for Janitorial Services with Joncowest is set to expire on August 31, 2023. In anticipation of this cessation, City Council considered and approved the release of Request for Proposals (RFP) 2023-02 to solicit bids for janitorial services during the April 2023 meeting.
DISCUSSION
On April 17, 2023, RFP 2023-02 was released and advertised in the newspaper on April 26, 2023, May 4, 2023, and May 11, 2023.
The scope for monthly maintenance services includes but is not limited to the following:
• Clean restrooms, disinfect and replenish supplies
• Clean all floors, dust mop and wet mop floors
• Clean all horizontal surfaces, shelves, desks, cabinets, etc. • Vacuum all carpets
• Take out trash and replace liners
• Monthly high surface dusting in all buildings
• Indoor window cleaning
• Cleaning glass doors daily
• Restocking of paper towels, toilet paper, hand soap, toilet seat covers and deodorants • Cleaning of kitchen areas including skins, wiping down the refrigerator exteriors, counter tops, and walls adjacent to prep areas/sink areas
• Monthly deep cleaning of the large kitchen in the Community Center • As prescribed, this agreement will provide janitorial services five (5) days a week for all the noted facilities, with the exception of the Community Center. As a result of its heavy and daily usage for classes, community events, and rentals, the Community Center is slated to receive seven (7) day a week service. This schedule is aimed at meeting the demand for services based on the usage of City facilities.
Of the 14 bids received, seven were deemed unresponsive as a result of not meeting the specifications prescribed in the RFP. The seven qualifying bid results for monthly janitorial service costs are provided below:
COMPANY MONTHLY BID AMOUNT
Base Hill, Inc. $5,809.99
Kleaning Krew Co. $6,346.00
Coastal Building Services, Inc. $6,770.00
Premier Property Preservation, LLC $6,849.99
Commercial Building Management $8,011.00
Sanbarra Cleaning Services, Inc. $10,660.00
New Dawn Cleaning Solutions, LLC $52,000.00
As identified in the table above, in addition to being the lowest responsible bidder, staff determined that Base Hill, Inc. is the most qualified contractor to perform the services requested based on: (1) Document Organization and Completeness, (2) Project Team & Resumes, (3) Related Experience and Capabilities, (4) Demonstrated Knowledge/Experience of Public Agencies, (5) References, and (6) Proposed Rates.
This agreement proposes an initial term of two (2) years with the option to extend services at the sole discretion of the City, for a maximum of two (2) – one (1) year extensions.
FISCAL IMPACT
The total monthly cost for this service is $5,809.99, establishing a maximum annual amount of $69,719.88. The total two-year contract cost is $139,439.76. Funding for this contracted
service will be expended out of Account No. 10-541-5260.
Attachment: 1. Janitorial Services Agreement - Base Hill
2. Exhibit A - Base Hill Response
3. RFP 2023-02 - Janitorial Services
1778453.1
JANITORIAL SERVICES AGREEMENT
Janitorial Services (RFP) 2023-02
[Base Hill, Inc.]
THIS JANITORIAL SERVICES AGREEMENT (“Agreement”) is made and entered into, to be effective this day of September 1, 2023 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and BASE HILL, INC. (“Contractor”) a, California Corporation. 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 including the daily cleaning of specified City offices, buildings, and restrooms.
B. In response to City’s formal Request for Proposals No. 2023-02 (RFP), dated April 17, 2023, Contractor submitted to City a written proposal, dated May 19, 2023, to provide the desired services.
C. City desires to engage Contractor to provide such 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 Janitorial Services Proposal, dated May 19, 2023, 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, subcontractors and subconsultants 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) RFP No. 2023-02, dated April 17, 2023; 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
1778453.1
Agreement; (2rd) the RFP, and (3rd) Contractor’s Proposal.
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 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, consultants, individuals, 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.
1778453.1
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 rates and charges set forth in the Scope of Services. In no event shall the total compensation and costs payable to Contractor under this Agreement exceed the sum of Sixty-Nine Thousand Seven Hundred Nineteen Dollars and Eighty-Eight Cents ($69,719.88) annually. 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/her 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.
3.3 Force Majeure. The time for performance of the Project Services may be extended
1778453.1
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 an initial period of two (2) years, ending on August 31, 2025, with an option to extend on the same terms and conditions, exercisable at the sole discretion of City, for up to two (2) additional one (1) year periods, ending on August 31, 2027.
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:
Sunny Kim. 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
1778453.1
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 of this 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
1778453.1
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 ($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)
1778453.1
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 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
1778453.1
claims arising out of the performance of the 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.)
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 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 if they 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
1778453.1
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 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
1778453.1
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 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 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
1778453.1
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
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
1778453.1
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 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 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 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
1778453.1
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 non-judicial 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 plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) calendar days of the 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 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 – Charles Abbott Associates, Inc.
1778453.1
To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA 90720
[email protected]
With copy to:
Michael S. Daudt,
City Attorney
Woodruff & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Contractor: Sunny Kim
President and CEO
11823 E. Slauson Avenue Suite 3
Santa Fe Springs, CA 90670
[email protected]
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.
1778453.1
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]
1778453.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:
Tanya Doby
Mayor
APPROVED AS TO FORM.
Woodruff & Smart, APC
By:
Michael S. Daudt
City Attorney
ATTEST:
By:
Windmera Quintanar, MMC
City Clerk
“Contractor”
Base Hill, Inc.
By:
Sunny Kim
President and CEO
[email protected]
By:
Kay Van
Treasurer
[email protected]
1778453.1
EXHIBIT “A”
1277023.1
1 Response to RFP-2023-02 for
Janitorial Services for
the City of Los Alamitos
Presented to:
Ron Noda
Development Services Director
City of Los Alamitos
[email protected]
562-431-3538, ext. 500
Presented by:
Sunny Kim
President and CEO
Base Hill Inc.
[email protected]
213-425-3070 (Office)
213-425-3071 (Fax)
Base Hill, Inc.
Building Maintenance Services
11823 E. Slauson Ave. Suite 3, Santa Fe Springs, CA 90670 (Submitted on 4/6/2023)
2 May 19, 2023
Ron Noda
Development Services Director
City of Los Alamitos
Dear Mr. Noda:
Thank you for allowing us to present our formal proposal submitted on behalf of Base Hill Building Maintenance Services in response to the RFP-2023-02 for Janitorial Services for the City of Los Alamitos.
We are very pleased to take part in this opportunity to offer our services.
We hereby state that no exceptions are taken to any specification requirements or contract terms and conditions of the RFP-2023-02 for Janitorial Services for the City of Los Alamitos. This proposal is valid for a term of 90 days from the due date of the proposal of May 22, 2023.
We are committed to providing our clients with the highest standards of quality of service. We strive to exceed expectations through our integrity, ethical values and commitment to client satisfaction.
All of us at Base Hill are committed to the execution and success of this proposal if Base Hill is selected as the vendor of your choice.
Please do not hesitate to contact me directly if you should have any question and/or concerns regarding the attached proposal.
In closing, I would like to thank you again for your time and consideration.
Respectfully,
Sunny Kim
President and CEO
11823 E. Slauson Ave. Suite 3 Santa Fe Springs, CA 90670 Cell: 213-235-7722
Fax: 213-425-3071
[email protected]
www.basehill.com
3 Table of Contents
Letter of Introduction.........................................................................2 Letter of Transmittal ..........................................................................4 Contractor Data .................................................................................5 Approach of Delivering Services.........................................................6 Contractor Profile ..............................................................................9 Location of Principal Office...............................................................11 Professional Qualifications and Resumes..........................................12 Examples of Services and References ...............................................14 Cost Proposal...................................................................................16 List of Personnel ..............................................................................18 Additional Data................................................................................19 Statement Regarding Insurance........................................................22 Transition Period .............................................................................22
4 Letter of Transmittal
May 19, 2023
Ron Noda
Development Services Director
City of Los Alamitos
Dear Mr. Noda:
For over 20 years Base Hill has been providing outstanding building and property maintenance services for private properties, commercial facilities, federal, and local governments. The properties we maintain range from large high-rise buildings to smaller private office spaces. Our highly skilled workforce services approximately 2 million square feet every year.
Base Hill is an SBA 8(a), Disadvantaged Business Enterprise (DBE) certified company with many years of management and operation experience, our management team and our company has continued to grow both in size and reputation. We take particular pride in our ability to exceed the highest expectations of our clients.
The company started in September 1982, by the President of Base Hill, Sunny Kim’s father Mr. Hong Kim.
The company was based out of Long Beach, CA and called Kim’s Building Maintenance. In the summer of 2000, Mr. Kim retired. Sunny Kim acquired his father’s maintenance company, he named the new company KBM-Jan Point. In the following years Sunny continued to grow the company. The company was incorporated in June 2005 as Base Hill, Inc. with two office locations in Santa Fe Springs and Pomona. Base Hill operates in Southern and Northern California, with a team of 10 office staff and over 50 full and part-time cleaning crews and affiliates.
We believe that we stand above many of the other qualified companies to take on this project for the City of Los Alamitos because we learned from our experience that our hard work can only be elevated by utilizing an excellent method of communication. We constantly strive to have a clear communication to be on the same page with our client that when the service is performed, it will not only be satisfactory to the clients, but it goes beyond their expectation. Thank you for your time to ready this letter in consideration to hire us and work alongside us.
Respectfully,
Sunny Kim
President and CEO
11823 E. Slauson Ave. Suite 3 Santa Fe Springs, CA 90670 Cell: 213-235-7722
Fax: 213-425-3071
[email protected]
www.basehill.com
5 Contractor Data
1. Official firm name and address. – Base Hill, Inc., 11823 E. Slauson Ave. Suite 3 Santa Fe Springs, CA 90670
2. Name, address, telephone number and email address of the Proposer’s point of contact. – Chase Woo, 11823 E. Slauson Ave. Suite 3 Santa Fe Springs, CA 90670, 714-514-2182, [email protected]
3. Indicate what type of entity (corporation, Contractor, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture. – Corporation
4. Federal Employer I.D. Number. - 20-3390644
5. The address, telephone numbers, and fax numbers of each of your firm’s locations. - 11823 E. Slauson Ave. Suite 3 Santa Fe Springs, CA 90670, 213-425-3070, 213-425-3071 (fax)
6. A detailed statement indicating whether Proposer is entirely or partially owned by another business organization or individual. – N/A
7. Number of years Proposer has been in business under the present business name. – 23 years
8. All comparable contracts currently in effect. – City of Pomona, Yorba Linda Water District, City of Highland, City of Westlake Village, US Army 63rd Region 5
9. Please describe areas of specialization provided by the Proposer. – Janitorial services including floor care and all aspects related to facility maintenance services
10. Any failures or refusals to complete a contract and explanation. - None
11. Financial interests in other lines of business. – None aside from janitorial services
12. Known conflicts of interest. - None
6 Approach of Delivering Services
Methodology
Base Hill prioritizes communication because we believe anyone can do the work, but if it is to be done in an efficient way and to the client satisfaction, not only initial communication establishment is important, but also constant flowing channel of communication needs to take the place throughout and until the project completion.
Our company will clearly present to our crew what needs to be done at what time. Each crew members will be led by the supervisors assigned to them. The project manager will oversee each supervisors and crew members and become the direct channel for communication for our client, and in this case, the City of Los Alamitos.
Once we are awarded the contract, Base Hill will dedicate a team of supervisors and crew members. There will be back up supervisors and crew members, as well. They have been notified already of what may be assigned to them in the near future, so that they may prepare to clean if the bidding is successful. Additionally, there will be support from the headquarters, especially from the project manager, Chase Woo, for immediate response to any circumstances.
Base Hill is always prepared for ensuring coverage in the event of staff absences (i.e. Illness, vacations, and / or terminations). We have a number of supervisors and crew members available to be reallocated into different projects, when the need arises. As you may have observed from the team organizational chart, above, we have back up crews ready at all times.
Our project manager will be aware of the schedules in communication with the City of Los Alamitos, and will arrange, accordingly, so that all gaps will be filled with our manpower to cover for any event or even emergencies. Also, in the case of emergencies, the project managers will be available via cell phone to immediately address the issue on hand.
Furthermore, please, read the documents in the Additional Data section for disinfect and sanitizing specifically for COVID-19, as well as for other sample products. Our company has already been providing a variety of disinfecting and sanitizing service for COVID-19 to many clients as we always challenge ourselves to meet the need of others when it comes to our industry services, not to mention them being part of our regular cleaning performance.
Base Hill Quality Control Manager and Supervisor/Crew Leader will ensure that all cleaning standards are up to par with City of Los Alamitos. Before the contract start date, the Project Manager and Quality Control Manager will lead a meeting with all site staff to ensure that everyone knows what is type of quality is expected and what is expected from the different
7 levels of services. The Site Supervisor will be collecting weekly/monthly QC reports to Project Manager for any follow-ups and rectifications.
All Base Hill personnel undergo extensive training in the use of equipment, product safety, and security measure. Employees undergo training based on the Worker Occupational Safety and Health Training and Education Program (WOSHTEP). Under the Commission on Health and Safety and Worker’s Compensation of the State of California. In addition to WOSHTEP safety standards and OSHA safety standards.
Training Covers:
• Correct use of cleaning products.
• Correct use of cleaning machines/equipment.
• Carpet care and cleaning.
• Hard floor surface care and cleaning.
• Toilet/Restroom cleaning practices.
• Hygiene and infection control.
• Identifying potential hazardous issues.
• Dust control.
• Utility conservation.
• Waste management.
• Use of Personal Protective Equipment (PPE).
8 Service Delivery
As we perform our duties, we understand that there are some things that needs more attention than others. Thus, we will do our best to emphasize to the crew, the following:
Base Hill cleaning crew will be supervised to make reports on a monthly basis on the status of the supplies to make sure that we can refill all necessary products such as soap, toilet paper, feminine products, etc.
When removing trash, recycling bins through the buildings will be identified to be properly collected and removed to a designated disposal area. Same will be done for the solid waste collection. We will not empty personal recycle containers at workstations, while emptying out large trash and recycling containers from all areas.
Wood Paneling shall be located to make sure that they are free of dirt, dust, streaks, and spots.
All the metals surfaces will be polished to maintain a lustrous appearance. Our company has the full capacity to do the annual, biannual, and quarterly periodic work including the windows, floor strip/wax, and carpet shampoo cleaning.
We have provided the cleaning products sample, and as you can see, we use products that are environmentally friendly. We, also, will emphasize disinfecting the facilities, as we would like to take greater caution to prevent COVID-19.
Our staff will wear uniforms/vests with logo at all times. Also, they will take all precautions to be least possible disruptive to the public, tenants and/or City of Los Alamitos employees.
When there are any malfunctions, the crew will be trained to report the issues to Facility Supervisor/Manager, immediately. We value communication as one of the top priority values in our company, thus, we will be in constant communication via the project manager. Whenever, there is a need, we will be there for it. Furthermore, to help our staff even more, we have distributed the provided work of scope in advance.
9 Contractor Profile
Profile of Firm
For over 20 years Base Hill has been providing outstanding building and property maintenance services for private properties, commercial facilities, federal, and local governments. The properties we maintain range from large high-rise buildings to smaller private office spaces.
Our highly skilled workforce services approximately 2 million square feet every year.
Base Hill is an SBA 8(a), Disadvantaged Business Enterprise (DBE) certified company with many years of management and operation experience, our management team and our company has continued to grow both in size and reputation. We take particular pride in our ability to exceed the highest expectations of our clients.
Brief History
The company started in September 1982, by the President of Base Hill, Sunny Kim’s father Mr.
Hong Kim. The company was based out of Long Beach, CA and called Kim’s Building Maintenance. In the summer of 2000, Mr. Kim retired. Sunny Kim acquired his father’s maintenance company, he named the new company KBM-Jan Point. In the following years Sunny continued to grow the company. The company was incorporated in June 2005 as Base Hill, Inc. with two office locations in Santa Fe Springs and Pomona. Base Hill operates in Southern and Northern California, with a team of 10 office staff and over 50 full and part-time cleaning crews and affiliates.
Mission Statement
Base Hill is dedicated to the highest ideal of customer satisfaction by providing an outstanding service product to not only meet but exceed our client’s expectation of a clean and healthy work environment.
Vision Statement
We are constantly working to establish ourselves as the most respected and sought-after cleaning company. We seek to build a partnership philosophy based on solid and trusting relationships with our clients.
10 Values
• Respect - we hold our clients and employees in the highest regard. We value our employees as our most important client, so they will treat each company they service as their most important customer.
• Integrity - the foundation and philosophy our company is built upon. • Responsibility - your satisfaction is our satisfaction. We strive for openness and do what we say we will do.
Staffing
All Base Hill personnel are thoroughly screened, trained, and qualified. All personnel undergo criminal background checks and are screened for any health issues and concerns. We will adjust manpower according to the need, as the evaluations are made.
Training
Base Hill employees are trained in providing top tier cleaning service. Employees are trained from hire on cleaning practices, methods, and efficiency. During training and pre-performance meetings, employees go through a step-by-step process of defining and detailing each task associated with their responsibility. Re-fresher training course is applied to employees yearly and when deficiencies arise. All janitorial crew members will be cross-trained to ensure availability of crew member to compensate for any time-off, vacation, and medical leave.
Security
All Base Hill will abide by the agency’s standard for background check, especially for security sensitive areas. All staff will be wearing company vests for easy identification in the midst of a group of people or in an open environment. Furthermore, the name badges will be worn for specific needs of an individual’s identity.
Finance and Stability
Base Hill’s revenue has been always growing in spite of even the difficulties of Covid-19 era.
Thus, our company also has sufficient capacity and resources to take on this project successfully. Base Hill has no lawsuit, litigation, or conflict of interest in last five years. Also, our company does not have a project where claims or settlements were paid by us or the insurers.
11 Daily Verification, Inspection, and Management
The supervisor will be responsible for having all the checklist ready, which will be reflected on the weekly and monthly QC report. Aside from the regular reports, the project managers and the QC managers will be making random visits to make sure the supervisors and the crew members are continually performing at their best in all kinds of circumstances.
Periodic Service Scheduling and Quality Control
The periodic service will be scheduled by the project manager with the City of Los Alamitos.
Once the date is set for a specific service on a specific location, the project manager will be in communication with the supervisor and the crew members to perform the task. For each completion, pictures and videos will be taken by the supervisors and sent to the project managers and the City of Los Alamitos for verification of quality.
Location of Principal Office
11823 E. Slauson Ave. Suite 3 Santa Fe Springs, CA 90670
12 Professional Qualifications and Resumes
13
14 Examples of Services and References
City of Pomona
Period of performance: 10/01/2022 – 09/30/2025
Total Value: $445,600.42
Description of services: Full janitorial services for police department, public works, transit center, etc..
Matthew Sampson
Facilities Maintenance Supervisor
505 South Garey Ave.
Pomona, CA 91766
909-620-2311
[email protected]
City of Highland
Period of performance: April 2019 – Current
Total Value: $87,690
Description of services: Full janitorial services for city hall, police department, public works, city parks, etc..
Jim Richardson
Public Works Manager
City of Highland
27215 Baseline St
Highland, CA 92346-312
909-863-0284 x101
[email protected]
Yorba Linda Water District
Contract: 01/04/2020 – 01/03/2023; 01/04/2023 – 01/03/2026 Total value: $127,152; $221,133
Description of services: Full Janitorial Services including carpet shampoo, strip & wax floors, and window services.
Freddie Ojeda
1717 E. Miraloma Ave.
Placentia, CA 92870
714-231-0264
[email protected]
15 City of Westlake Village
Contract: 11/01/2020 – 11/01/2023
Total value: $ 286,340.76
Description of services: Full Janitorial Services including carpet shampoo, strip & wax floors, and window services.
Tim Iverson
31200 Oak Crest Dr.
Westlake Village, CA 91361
818-706-1613
[email protected]
US ARMY 63RD READINESS DIVISION REGION 5 JANITORIAL
Contract: W9127S-19-Q-0045 (01/01/2020 – 12/31/2022)
Total Value: $7,500,000.00
Area: Approximately 1,209,200 Sqft
Description of services: Managing and providing full janitorial services and floor care for US Army Base facilities located throughout Southern CA.
Matthew Buretz
714-428-7250
[email protected]
16 Cost Proposal
17
18 List of Personnel
Team Organizational Chart
Point of Contact
• President and CEO – Sunny Kim (cell: 213-235-7722, [email protected]) • Project Manager – Chase Woo (cell: 714-514-2182, [email protected]) President / CEO
Sunny Kim
Admin Director
Phillip Van
Project Manager
Chase Woo
CFO
Kay Van
Back up
Cleaning
Crew
Members
Full-time
Cleaning
Crew
Members
Part-time
Cleaning
Crew
Members
Day
Porters
Site
Supervisors
QC Manager
Johnny Kim
19 Additional Data
20
21 Sample ID Badge
Equipment and Uniform
22 Statement Regarding Insurance
Base Hill has and will provide the insurance proof of coverage when the contract is awarded.
Transition Period
The project manager dedicated to the City of Los Alamitos is Chase Woo. His workload will be adjusted accordingly once we are awarded the contract from the City of Los Alamitos. Other staff such as supervisors and the crew members will be fully dedicated to the hours for this project once confirmed. We prepare ourselves to always have supervisors and crew members available for times of emergency and times when there are needs for back up manpower.
Once the award letter is received, Base Hill will schedule a meeting with the staff member in the City of Los Alamitos to do a thorough walkthrough of the site, this time with the supervisor and the crew members. Then, our team will go through the scope and the schedule in a meeting.
When the supervisor leads the crew to clean on site, the project manager and the QC manager will keep a close watch to make sure that there is a smooth transition during the first month.
Even when things are set and possible complaints from the client are all taken care of, the project manager will continue to communicate proactively with the staff members to make sure that the cleaning is above and beyond the standard.
As you may hear from our other clients through the reference checking process, we are quick to respond when issues arise, even non-emergency cases. And we will always do our best to make sure a constant and clear communiction is present throughout the period where the contract is in effect.
23 THIS PAGE
INTENTIONALLY
LEFT BLANK
City of Los Alamitos
Request for Proposal (RFP) 2023-02
Janitorial Services for City Facilities
FOR
Development Services Department
Attn: Ron Noda
Development Services Director
3191 Katella Avenue
Los Alamitos, California 90720
(562) 431-3538, extension 500
(562) 493-1255 Fax
Email: [email protected]
DATED: April 17, 2023
Deadline/Bid Opening Date:
Must be received by 10:00am
Thursday, May 18, 2023
RFP Available at http://www.cityoflosalamitos.org
Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
2 | P a g e
TABLE OF CONTENTS
JANITORIAL SERVICES FOR CITY FACILITIES
REQUEST FOR PROPOSAL (RFP) 2023-02
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
NOTICE INVITING SEALED PROPOSALS A
PROPOSAL RESPONSE REQUIREMENTS B
BACKGROUND AND PROJECT EXPECTATIONS C
SCOPE OF SERVICES D
PROPOSAL SCHEDULE E
JANITORIAL SERVICES AGREEMENT F
Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
3 | P a g e
SECTION A
NOTICE INVITING SEALED BIDS
JANITORIAL SERVICES FOR CITY FACILITIES
REQUEST FOR PROPOSAL (RFP) 2023-02
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
4 | P a g e
NOTICE INVITING PROPOSALS
CITY OF LOS ALAMITOS
Development Services Department
NOTICE OF REQUEST FOR PROPOSALS 2023-02
Sealed proposals will be received at the office of the City Clerk of the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, California 90720 until 10:00 AM on Thursday, May 18, 2023.
JANITORIAL SERVICES FOR CITY FACILITIES PROPOSAL
Proposals must be submitted on the City’s Request for Proposal Forms and submitted in sealed envelopes marked on the outside, “SEALED PROPOSAL FOR JANITORIAL SERVICES FOR CITY FACILITIES RFP 2023-02. DO NOT OPEN WITH REGULAR MAIL.” The contract will consist of janitorial services for specified City facilities, as described in the scope of work herein.
City of Los Alamitos
Ron Noda
Deputy City Manager/Development Services
Director
3191 Katella Avenue
Los Alamitos, CA 90720
Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
5 | P a g e
SECTION B
PROPOSAL RESPONSE REQUIREMENTS
JANITORIAL SERVICES
REQUEST FOR PROPOSAL (RFP) 2023-02
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
6 | P a g e
JANITORIAL SERVICES
REQUEST FOR PROPOSAL (RFP) 2023-02
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SECTION I – PROPOSAL REQUIREMENTS
Proposal Response Requirements
The purpose of this Request for Proposal (RFP) is to solicit and select contractor(s) to provide contract janitorial services for certain City facilities to include: City Hall 1, City Hall 2, Council Chamber, Community Center, Youth Center, Public Works breakroom, Public Works garage offices and the Preschool building. Please note, this will exclude the Police Department building.
Under the direction of the Development Services Department, the selected contractor would serve in the described capacity.
All services provided by the Contractor(s) shall be performed by individuals that meet the qualification, standards, and requirements for the position. The successful Contractor(s) shall also have the resources to provide effective and timely services including providing customer service to the City of Los Alamitos.
Proposers are required to complete a job walk site visit with City staff prior to the submittal deadline (appointment required). Job walks can be scheduled to take place between Monday, April 24, 2023 through Monday, May 8, 2023.To schedule a time and date, please contact Management Analyst Michelle Muller via email at [email protected].
Responses must conform with the requirements of this RFP. The City reserve the right to waive any irregularity, informality or error in any proposal or in the RFP process or to reject any proposal, which does not comply with this RFP. All services provided by the Contractor shall be performed by individuals, who meet the qualification, standards, and requirements for the position. The successful Contractor(s) shall also have the resources to provide effective and timely services including providing customer service to the City of Los Alamitos.
Proposers shall submit Proposal on or before the Submittal Deadline. If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide the basis for resolving such discrepancies. If no document can be identified as original bearing original signatures, Proposer's Proposal may be rejected at the discretion of the City.
Please submit two (2) originals and one (1) Microsoft Word or PDF digital version on a flash drive of the Proposal, in a sealed envelope and submitted to the following address:
City of Los Alamitos
Attn: Ron Noda
Deputy City Manager/Development Services Director
Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
7 | P a g e
3191 Katella Avenue
Los Alamitos, CA 90720
Proposals must be prepared in conformance with the Section I – Proposals Requirements, and submitted in a sealed and plainly marked envelope on the outside:
“SEALED PROPOSALS FOR REQUESTS FOR PROPOSALS (RFP) 2023-02 JANITORIAL SERVICES FOR CITY FACILITIES. DO NOT OPEN WITH REGULAR MAIL.”
Proposals sent by telephone, e-mail or facsimile, will not be accepted. It is the sole responsibility of each proposer to ensure that its proposal reaches the City by the time and date specified. Once opened, all responses become public record and will be available to the public for review. Cost incurred by the Proposer in the preparation of the response to this RFP, is the sole responsibility of the respondent, and will not be reimbursed by the City.
It is imperative that all Contractor(s) responding to the RFP comply exactly and completely with the instructions set forth herein. Proposals must be concise but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the proposal. Proposal should be concise and be able to properly convey all information.
During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from the proposers. The City reserves the right to waive any irregularity, informality or error in any proposal or in the RFP process, or to reject any proposal, which does not comply with this RFP. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.
All requests for information (RFI’s) shall be submitted to the City no later than Wednesday, May 10, 2023 at 10 a.m.
Withdrawal of proposals shall not be permitted for a period of sixty (60) days after the date set for the opening thereof. The City reserves the right to reject any and all proposals.
Section II – Additional Proposal Response Requirements
A: Letter of Transmittal
Please include a brief introduction and history of your firm. Be sure to state why you believe that your firm is the best qualified to provide such services to the City of Los Alamitos.
B: Contractor Data
Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
8 | P a g e
Please submit the following information:
1. Official firm name and address.
2. Name, address, telephone number and email address of the Proposer’s point of contact.
3. Indicate what type of entity (corporation, Contractor, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.
4. Federal Employer I.D. Number.
5. The address, telephone numbers, and fax numbers of each of your firm’s locations.
6. A detailed statement indicating whether Proposer is entirely or partially owned by another business organization or individual.
7. Number of years Proposer has been in business under the present business name.
8. All comparable contracts currently in effect.
9. Please describe areas of specialization provided by the Proposer.
10. Any failures or refusals to complete a contract and explanation.
11. Financial interests in other lines of business.
12. Known conflicts of interest.
C: Proposal
The proposal shall clearly address all of the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required for the proposal to be organized, and contain all information as specified below:
1. Letter of Introduction, to include an understanding of the scope of services.
2. The firm’s approach to delivering the scope of services.
3. Brief Contractor profile and number of years the firm has been in business.
4. Location of principal office that will be responsible for the implementation of any contracts.
5. Description of the professional qualifications of the personnel who will be assigned to work in the City of Los Alamitos. While the Contractor(s) may propose any staffing scenario to effectively perform the services, the proposal shall identify the key personnel who will be assigned to perform the services and how, where, and when those services will be provided.
6. Provide the name, title, experience, qualifications, discipline and resume of the personnel who will be assigned to the City, including any sub-Contractors.
Indicate the number of persons for each position, including their availability and time commitment and other resources proposed to provide services to the City of Los Alamitos, to fulfill the desired level of services reflected in the Scope of Services.
Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
9 | P a g e
7. Provide examples of services or projects that the firm/Contractor and Staffing Team Members are successfully working on or have completed, with preference to those assignments that have been completed within the past 5 years.
8. Five references to include: entity name, contact name, address and phone number of the organization, length of time services were provided, and a description of the services provided.
9. Cost Proposal (including hourly rate) for Services. The method of payment upon negotiation of an agreement shall be monthly payments based upon satisfactory process and the submission of requests for payments. This should include hourly billable costs of each team member; project manager, associate and various titles.
10. Accurate list of all personnel who have any relationship to work performed within the scope of this Agreement. List data shall indicate personnel by building(s) in which they are assigned to work, and must include full names.
11. Any other information, which should be considered, such as any special services or construction management philosophy, which define your firm’s practices.
12. If contracted in the future, the firm will be required to have commercial general liability insurance including liability at a minimum of one million per occurrence, automobile liability insurance, and worker’s compensation. The proposal shall state whether the firm could provide such insurance proof of coverage at time of any contract execution.
13. The firm will be required to have and provide proof of insurance and indemnify the City in accordance with the City’s insurance requirements. The proposal shall state that such insurances will be in force at time of contract execution.
14. Examples of Work – Provide examples of services or projects that the firm/Contractor and the Staffing team members are successfully working on or have completed, with preference to those assignments that have been completed within the past 5 years.
15. Provide a list of five (5) reference who may be contacted to discuss their experience working with the firm/Contractor on similar services. Please provide contact information including Organization, Name, Title, Address, Phone Number, E-mail, Description of Services Provided and Date of Completion.
16. Proposer shall describe the steps to be taken during the transition period from the existing provider prior to the start of the contract period. The Proposer should provide examples where the Contractor has made a similar transition from another contract provider and the methods that the Contractor utilized in achieving this transition.
The City of Los Alamitos reserves the right to accept or reject any and all proposals, or any portion of any proposal, or to waive any irregularities or informalities in the proposal or in the proposal process, or to make the award on the basis of that item or combination or items which, in its opinion, serves the best interest of the City. Services shall not commence until the Janitorial Services Agreement is executed by the City. Responses to this Request for Proposal become the
Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
10 | P a g e
property of the City.
Section III - General Conditions
3.1 Authorized Signatures
Every Proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a Proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the Proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the Proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the Proposal, the Proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation.
3.2 Award of Proposal
Award will be made to the Proposers offering the most advantageous Proposal after consideration of all criteria set forth in this RFP. The criteria are not listed in any order of preferences. An Evaluation Committee will be established by the City. The Committee will evaluate all Proposals received in accordance with the Evaluation Criteria. The City reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Weight factors and evaluation scores will not be released until after award of Request for Proposal. The City shall not be obligated to accept the lowest priced Proposal but will make an award in the best interests of the City after all factors have been evaluated.
Discussions may, at the City's option, be conducted with responsible Proposers who submit Proposals determined to be potentially selected for an award. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of Proposals. In conducting discussions, the City will not disclose information derived from Proposals submitted by competing Proposers.
3.3 Cancellation of Solicitation
The City may cancel this solicitation at any time.
3.4 Compliance with Laws
All Proposals shall comply with current federal, state, and other laws relative thereto.
3.5 Contract Documents, Examination Of
It is the responsibility of the Proposer to thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, and addenda (if any), referred
Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
11 | P a g e
to as Contract Documents. Proposer shall be satisfied as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the solicitation or contract. The submission of a Proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the Proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.
3.6 Costs
The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the Proposal or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.
3.7 Disqualification of Proposer
If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one Proposal for the same work unless alternate Proposals are called for. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion. Proposers shall submit as part of their Proposal documents the completed Non-Collusion Affidavit provided herein.
3.8 Interpretation of Request for Proposals
City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or any contract documents, or finds discrepancies or omissions in the specifications, he or she may submit to the City a written request for an interpretation or correction. The written request for clarifications shall be submitted no later than Monday, May 01, 2023 at 10 a.m.
Oral statement(s) interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid.
Requests for Interpretations (RFI’s) shall be made in writing and delivered to the Development Services Department via email at [email protected]. The requesting party is responsible for prompt delivery of any requests.
When the City considers interpretations necessary, interpretations will be in the form of an addendum to the Contract Documents, and when issued, will be sent as promptly as is
Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
12 | P a g e
practical to all parties recorded by the City as having received Contract Documents. All such addenda shall become a part of the contract. It is the responsibility of each Proposer to ensure the City has their correct business name and address on file. Any prospective Proposer who obtained a set of Contract Documents is responsible for advising the City that they have a set of Contract Documents and wish to receive subsequent addenda.
3.9 Irregularities
City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Council.
3.10 Pre-Contract Costs
The City shall not be responsible or liable for any pre-contract costs incurred by the firm responding to this RFP and/or participating in the selection process.
3.11 Non-Exclusive Contract
The successful Proposer will enter into a non-exclusive contract and the City reserves the right to enter into agreements with other firms for services.
3.12 No Obligation
The release of this RFP does not obligate nor compel the City to enter into a contract or agreement.
3.13 Offers of More Than One Price
Proposers are NOT allowed to submit more than one Proposal.
3.14 Proposal, Rejection Of
The City reserves the right to reject any or all Proposals or any part of a Proposal. The City reserves the right to reject the Proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City.
3.15 Proprietary Information
Proposal must NOT be marked as confidential or proprietary. City may refuse to consider a Proposal so marked. Information in Proposals shall become public information and is subject to disclosure laws.
3.16 Severability
If any provisions or portion of any provision, of a contract are held invalid, illegal or unenforceable, they shall be severed from the contract and the remaining provisions shall be valid and enforceable.
3.17 Sub-Contractor Information
If the Proposal includes the use of Sub-Contractors, Proposer must identify SubPage 99 of 371 Request for Proposal 2023-02
Janitorial Services
City of Los Alamitos
13 | P a g e
Contractors and the specific requirements of this RFP for which each proposed SubContractors would perform services.
3.18 Sub-Contractor References
For all Sub-Contractors that will be used on this project, Proposers must provide a minimum of three references from similar projects performed for any local government clients within the last three years. Information provided shall include:
A. Client name
A. Project description
B. Dates (starting and ending)
C. Technical environment
D. Staff assigned to reference engagement that will be designated for work per this RFP
E. Client project manager's name and telephone number.
3.19 Terms of An Offer
The City reserves the right to negotiate final contract terms with any selected Proposer.
The City's standard form Janitorial Services Agreement shall be used, and includes other provisions not described here. A standard Janitorial Services Agreement is attached for reference. Please review this very carefully and note in the body of your response any exceptions or alterations to the agreement. Alterations or changes to the agreement which were not in the Contractor’s proposal will not be made after the selection of the Contractors. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: any executed contract, the RFP, any modifications and clarifications to the awarded Proposer’s Proposal, and the awarded Proposer’s Proposal. Specific exceptions to this general rule may be noted in an executed contract. Proposer understands and acknowledges that the representations above are material and important, and will be relied on by the City in evaluation of the Proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the Proposal.
3.20 Withdrawal of Proposal
Proposers’ authorized representative may withdraw Proposals only by written request received by the City Manager before the Proposal Submittal Deadline.
14 SECTION C
BACKGROUND AND PROJECT EXPECTATIONS
JANITORIAL SERVICES
REQUEST FOR PROPOSAL (RFP) 2023-02
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
15 JANITORIAL SERVICES
REQUEST FOR PROPOSAL (RFP) 2023-02
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
4.0 BACKGROUND AND PROJECT EXPECTATIONS
The City is requesting the services of a janitorial Contractor, which specializes in providing cleaning services for various facilities owned and operated by the City of Los Alamitos. The objectives of the City are to secure a timely, consistent, and cost-effective janitorial service agreement, to ensure clean and safe office facilities for employees and customers doing business with the City.
The City has eight City buildings, which require routine cleaning of offices and restrooms, including carpet vacuuming, window cleaning, dusting, moping, trash take-out and replace liners and the replenishing of toiletries daily. Those building include the following:
City Hall 1, City Hall 2, Council Chamber, Community Center, Youth Center, Public Works breakroom, Public Works garage offices and the Preschool building.
The work covered in these specifications includes furnishing all labor, equipment, some supplies and supervision necessary for complete janitorial services. It shall be understood that in addition to these services, all tasks incidental to cleaning functions not specifically listed but normally included in the general janitorial practices will be provided.
The City supports the use of non-hazardous cleaning agents and other safety and environmentally conscious practices. The City will consider innovative solutions and alternatives that will best accomplish the desired outcome.
The Contractor shall provide an equipment inventory list, identifying all equipment by age and condition to provide the services required by this contract. Contractor shall furnish and keep in good working order all necessary tools, equipment and supplies, including, but not limited to, carpet cleaners, stripper and waxes, soaps, cleaners, mops, brooms, buffers, ladders, hoses, HEPA vacuum cleaners, trash liners, cleaning rags, and all other cleaning equipment. The City reserves the right to inspect equipment to be used to perform this contract. Any equipment determined to be in poor condition must be replaced immediately, at the contractor’s expense. Failure to provide suitable equipment for carrying out all requirements of this contract may be grounds for termination.
The contractor shall render the City facilities clean, defined as “free of dirt, pure, spotless, sanitary, sterile, and uncontaminated.” This includes timely removal of trash, dirt, dust, cobwebs and other waste.
The selected Contractor will be required to have well-trained staff throughout the term of this Agreement, and must have all their employees cleaning City property/buildings undergo a recently completed background check provided by the employer – the City may request copies of the background checks conducted at its discretion, and shall be made available within 30 days of the request. Requests not fulfilled within the specified period are subject to liquidated damages.
16 Changes in the areas serviced and/or specifications may be necessary during the term of this agreement. Changes in the contract and corresponding changes in compensation may be implemented upon mutual written agreement of the City and the Contractor. The City reserves the right to add or delete services at any time with 30 days written notice to vendor. If services are requested, the vendor is required to provide a cost estimate detailing them as an attachment to the proposal along with prices, where applicable, which may be offered as an addendum for the term of this contract agreement.
City reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the City inspection record for the facility, with associated deduction calculation will be furnished to the Contractor prior to a deduction being made. All work determined by the City to be defective or deficient in any of the requirements shall be remedied by the Contractor at the Contractor’s expense and in a manner acceptable to the City.
The Contractor shall adhere to all currently applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL-OSHA, California Department of Industrial Relations, the California State Department of Health Services, FEDOSHA, EPA and the Material safety Data Sheets (MSDS) standards.
Security: Contractor’s personnel shall not be allowed in the City facilities outside of normal contractor’s work hours unless they are performing work for the Contractor. All Contractor personnel are required to provide proof of identity when requested to do so by City personnel. Keys shall not be left in the door locks. The Contractor shall be responsible for securing/locking the interior and exterior portions of the building during hours specified by the City. All workspaces shall be locked and the lights turned off when cleaning in each area has been completed. Security lights (as directed) shall be turned on prior to leaving the facility. Keys required by the Contractor will be furnished by the City to the designated Contractor employee and shall be returned to the City on demand. All exit doors are to remain locked while the Contractor is in the space. The Contractor is not to block open occupant or exterior doors for any reason. The Contractor is not to assist entry of anyone except Contractor, employees or Police/Fire personnel. Contractor’s personnel shall immediately report to their supervisor and City personnel, problems dealing with unauthorized or suspicious persons, conditions indicating theft, break-in or vandalism, and building system failures (if applicable). The Contractor’s employees shall report to emergency personnel situations such as: fire, smoke, unusual odors, broken pipes or floods, and take appropriate safety measures.
Keys: The Contractor shall be issued building keys, where applicable, for the performance of services as specified herein. Should a lost or stolen key jeopardize the security of the particular City facility, the contractor shall be solely responsible for all costs incurred by the City in re-keying the lock system. No keys shall be duplicated.
Damages: The Contractor will be responsible for damages to the facility or contents caused by the Contractor or their staff during the performance of their duties.
Protection & Restoration: The Contractor shall protect all furnishings and improvements from damage by its operations. All damage shall be repaired or replaced, at the option of the City, at the
17 Contractor’s expense within a reasonable time after notification of such damage. Repairs and/or replacements shall be equal to original in all aspects, unless otherwise is approved by the City.
Energy Conservation: Contractor shall instruct all employees performing work within the facility to utilize methods which will maximize energy conservation. This shall include the turning on of light fixture only in the areas where work is in progress and turning off all lights when work is completed.
4.1 USE OF SUB-CONTRACTORS
The City is committed to selecting an excellent team that will produce a high-quality work product, and deliver a high level of customer service. Should the use of sub-Contractors be proposed by the proposing firm, they shall be clearly identified and included as part of the proposal in response to this RFP.
4.2 PROPOSAL REVIEW PROCESS & SCHEDULE
The City of Los Alamitos will review all proposals received by the submittal deadline indicated in this RFP. Proposals that do not meet the minimum requirements of this RFP will be rejected.
The City reserves the right to select the firm that best meets the overall needs and offers the best overall value to the City based on a variety of criteria, including but not limited to, experience of the team, quality of work product, customer service delivery, and not solely on the lowest cost of services.
The following is the anticipated scheduled for the awarding of this RFP:
Milestone Deadline*
Requests for Proposals Made Available Tuesday, April 18, 2023 Mandatory Site Visit Monday, April 24, 2023 through
Monday, May 8, 2023**
Requests for Inquiries (RFI’s) Due Wednesday, May 10, 2023 at 10 a.m.
Proposal Due at City Hall Thursday, May 18, 2023 at 10 a.m.
City Review of Proposals Monday, May 22, 2023 to Thursday, June 1, 2023
City Council Consideration for Awarding Monday, June 19, 2023 *Dates subject to change at the sole discretion of the City.
**Mandatory Site Visit
To schedule a time and date, please contact Management Analyst Michelle Muller via email at [email protected].
All inquiries, questions, and requests for information related to this RFP should be directed to Management Analyst Michelle Müller, via email at [email protected] and will only be accepted until Monday, May 10, 2023 at 10 a.m.
Changes in the contract and corresponding changes in compensation may be implemented upon mutual written agreement of the City and the Contractor. The City reserves the right to add or delete services at any time with 30 days written notice to Contractor. If additional services are requested, the Contractor is required to provide a cost estimate detailing them as an attachment to
18 the proposal along with prices, where applicable, which may be offered as an addendum for the term of this contract agreement.
All work determined by the City to be defective or deficient in any of the requirements shall be remedied by the Contractor at the Contractor’s expense and in a manner acceptable to the City.
City reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the City inspection record for the project, with associated deduction calculation will be furnished to the Contractor prior to a deduction being made.
The Contractor shall adhere to all currently applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL-OSHA, California Department of Industrial Relations, the California State Department of Health Services, FEDOSHA, EPA and the Material safety Data Sheets (MSDS) standards.
It is the intent of the City to award a contract for janitorial services for City facilities, in form approved by the City Attorney. The City reserves the right to further negotiate the terms and conditions of the Agreement. The City shall preserve the right to reject any proposal for noncompliance with Agreement requirements and provisions, or to not award an agreement because of unforeseen circumstances or if it is determined to be in the best interest of the City.
This project will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This Agreement may not be awarded to the lowest respondent. The City Council will approve, as part of the annual City budget, with a specified project budget.
A. Definitions
Where “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Los Alamitos is intended unless otherwise stated.
As used herein, “provide” shall be understood to mean “provide complete”, in total. The word “facility” as used hereinafter shall be understood to mean the location receiving the service. The use of the words “Contractor” shall be held to mean the Contractor and/or any person employed by them and working under the agreement to the awarded Contractor.
19 SECTION D
SCOPE OF SERVICES
JANITORIAL SERVICES
REQUEST FOR PROPOSAL (RFP) 2023-02
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
20 5.0 SCOPE OF SERVICES
The following Scope of Services represents the services and responsibilities the successful proposer will be expected to provide and perform. Please indicate the skills, ability, and or/services which distinguish the Contractor(s) to make it the best choice for the City. Additional services or tasks which, in your opinion, should be included must be clearly identified.
The purpose of this Request for Proposal (RFP) is to solicit and select Contractor(s) for janitorial services of City facilities, as provided in the specifications and in accordance with the tasks and frequencies identified in the RFP.
Unless otherwise specified herein, the Contractor shall provide all supplies, parts, personnel, equipment, tools, materials, supervision, and other items or services necessary to perform the janitorial services as described in this RFP.
The City of Los Alamitos (hereinafter referred to as City) invites written proposals for Janitorial Services. The services involve daily cleaning of City offices, buildings, and restrooms. The selected firm must always have personal wear ID badges and uniforms and must have the resources and abilities to maintain a full staff during the term of this Agreement.
The contract will include but not limited to the following:
• Clean restrooms, disinfect and replenish supplies
• Clean all floors, dust mop and wet mop floors
• Clean all horizontal surfaces, shelves, desks, cabinets, etc. • Vacuum all carpets and rugs
• Take trash out and replace liners
• Monthly high surface dusting in all buildings
• Indoor and outdoor window cleaning
• Cleaning glass door daily
• Restock paper towels, toilet paper, hand soap and deodorants as needed, and toilet seat covers
• Clean kitchen areas including sinks, wiping down refrigerator exterior, counter tops, and walls adjacent to prep areas/sink areas
A. The Contractor(s) shall provide cleaning services for six (6) nights a week Sunday through Saturday during the term of the Agreement.
B. The Contractor(s) shall provide adequate personnel for each of the five working nights and maintain a professional appearance while on site.
C. The Contractor(s) shall make sure all doors to City buildings are closed and locked when leaving the building.
21 D. The Contractor(s) shall provide its own cleaners and disinfectant sprays such as Windex and degreasers. The City will provide toilet paper, paper towels, toilet seat covers, hand soap and deodorant when needed.
E. The Contractor(s) shall maintain a stock of common cleaning equipment such as but not limited to the following: vacuum, cleaning towels, brooms, mop with bucket and duster.
F. In times of emergency situations, the Contractor(s) shall provide full cooperation with the California Highway Patrol (CHP), the Los Alamitos Police Department, and City representatives.
G. The Contractor(s) will not represent the City in matter of policy or procedures under this contract, and shall refer all questions or inquiries from the public regarding the term, conditions, policies or procedures to the Director or his designee.
5.1 ROUTINE CLEANING
The selected firm will be required to maintain a high level of cleaning services to all City facilities and restrooms as listed in this RFP.
5.2 MONTHLY CLEANING
The selected Contractor must maintain a monthly cleaning schedule on all high reach areas such as but not limited to light fixtures, windows, ceiling fans, and cabinets.
5.3 ADDITIONAL WORK
A. The Contractor shall perform additional cleaning duties if requested in advance by the City Manager or his designee. Additional duties are as such but not limited to the following: carpet cleaning, floor stripping and waxing, pressure washing, air duct cleaning and post construction cleaning. All such work will be considered as Additional Work and shall be performed to the satisfaction of the City.
B. No additional work shall be commenced or undertaken by the Contractor(s) unless and until the work is authorized in writing by the City Manager or his designee. This work shall be performed within a time limit established by the City representative and for a mutual agreed upon price prior to commencement of work.
C. City shall retain the right to perform any additional work by use of City forces, by negotiated contract, or to advertise such work for bid.
5.3 MEETINGS
The Contractor(s) janitorial services supervisor assigned to the City along with the management team, must be available to meet with the City Manager or his designee on a quarterly basis at the Los Alamitos City Hall or where and when specified by the City to review the previous performance periods. This is to occur at a quarterly basis or as deemed necessary by the City.
5.4 SERVICE CHANGES
22 In the event that additional services are deemed necessary by the City, at its sole discretion, the City may increase the Contractor(s) service requirements at the affected premises to provide for such additional services. If said additional services and costs related thereto are not otherwise provided for, the Contractor shall be compensated for the added work, based upon the Contractor price provided for herein as said payment is applied on a unit cost as specified in the Contractor(s) proposal.
5.5 DAMAGE CAUSED BY THE CONTRACTOR (LIQUIDATED DAMAGES) All damages to any City property caused by the Contractor shall be repaired or replaced at the Contractor’s sole expense. All such repairs or replacements shall be completed within the time limits specified by the City.
Once the work has commenced, should the contractor fail to perform, as specified, the services required and agreed to, the City will have been damaged by that lack of performance. Since it is difficult to define the amount of damage caused, contractor shall agree to the following liquidated damages:
1. Should trained personnel not report to provide the services required by the contract, the City will incur damages; and liquidated damages of Two Hundred Fifty and no/100 Dollars ($250.00) per occurrence will be deducted from payments due the on the Contract or Contractor will be notified of the assessment of liquidated damages in writing within twenty-four (24) hours of failure to report.
2. Should Contractor fail to perform under the terms of the contract, the City will incur damages. Contractor will be notified in writing within twenty-four (24) hours of the failure to perform, and performance shall be required within twenty-four (24) hours after receipt of such notice. If the performance failure is not corrected within twenty-four (24) hours of receipt of notice, the City will incur damages; and liquidated damages of Two Hundred Fifty Dollars ($250.00) per occurrence will be deducted from payments due the Contractor.
3. Liquidated damages of Two Hundred Fifty Dollars ($250.00) per occurrence will continue to be deducted from payments due the Contractor until the performance failure is remedied.
Liquidated Damages: Failure of the Contractor to respond to problems referred to them by the City within the time limits established above shall result in the following deductions from invoiced payments:
1. Major problems not responded to within the established time limits will result in a deduction of 5% of the monthly cost of cleaning the entire building;
2. Minor problems not responded to within the established time limits will result in a deduction of one (1) day’s cost of cleaning for the entire building experiencing the problem (the formula to arrive at the deduction is: facility monthly cost divided by workdays in month = per day cost of cleaning that location);
23 3. Nonperformance deductions shall be equal to 100% of the monthly charge for the missed facility;
4. Continued reporting of major and minor compliance failures of 5 or more for any month will result in a 10% deduction of the total monthly contract cost;
5. Inspection reports (completed by City staff) for a one-month period will be reviewed at the first meeting of the following month. Should these inspection reports indicate an overall unsatisfactory rating for the prior month; the City will impose a 10% deduction of the total monthly contract cost on the next payment. (Inspection reports will be discussed weekly between the Contractor and the City such that the Contractor will be informed by the City of the aforementioned process.
These liquidated damages are intended to act as an incentive for the Contractor to perform in full compliance with the specifications.
5.6 HOURS AND DAYS OF JANITORIAL SERVICES
Work hours are the following:
A. From 6:00 p.m. to 3:00 a.m., Sunday through Thursday for routine janitorial services
1. City Hall 1
2. City Hall 2
3. Council Chamber
4. Public Works Garage Offices
5. Public Works Break Room
6. The Preschool building
7. Youth Center building
B. From 6:00 p.m. to 3:00 a.m., Sunday through Saturday for routine janitorial services
1. Community Center
C. From 6:00 p.m. to 3:00 a.m., on the last Friday of each month
1. Deep cleaning of the large kitchen in the Community Center Services are to be completed as specified, unless otherwise agreed upon between the City and the Contractor. The Contractor shall perform work at such times as to minimize disturbance or interference to City employees. Examples are vacuuming, dusting, etc. schedules identifying staff scheduled to work, shall be submitted on a monthly basis – should any changes occur, the City is to be notified via email only.
The Contractor(s) shall perform work in accordance with pre-approved scheduled during City business or non-business hours, depending on the needs of the facility where work is performed.
Changes in schedule by the City may be made with five (5) business days advance written notice to the Contractor(s). The Contractor(s)must notify the City’s representative(s) of any problems or service
24 interruptions within a minimum of seventy-two (72) hours. Unavoidable service disruptions may be made up subject to the sole discretion of the City’s representative(s). Costs associated with services that cannot be made up shall be subject to action provided for herein. Repeated service interruptions without justification or approval of the City’s representative(s) shall be subject to action provided herein.
The Contractor(s) shall provide adequate staffing to perform the required services during the prescribed times. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the City.
The basis daily hours of maintenance service shall be:
Saturday through Sunday: 6:00 p.m. to 3:00 a.m.
Certain maintenance tasks may have time restrictions or extended time requirements.
5.7 TERM OF THE AGREEMENT
The term of the Agreement is expected to commence on September 1, 2023. The initial contract/agreement will be for two (2) years with the option to extend services at the sole discretion of the City, for a maximum of two (2) – one (1) year extensions. Any changes to service levels will be mutually agreed upon before any extension is authorized. As part of the agreement, the City of Los Alamitos will reserve the right to select or reject employees and sub-contractors providing services.
A. Termination
Repeated failure to adhere to the provisions of this Agreement may be deemed a material default in performance by the Contractor and ground for termination of the Agreement.
B. Material Default
The following shall be determined to be a material default by the Contractor:
1. Failure to perform its obligations in strict accordance with the Agreement.
2. Financial insolvency or other inability to perform under this Agreement.
3. Making or attempting to make any assignment or transfers of its rights under this Agreement in violation of this Agreement.
4. Failing to provide or maintain in full force and effect the insurance coverage required by this Agreement.
5. Failing to provide or maintain in full force and effect any permit, license or other approval necessary under this Agreement.
6. Any fraud or deceit upon the City or upon persons to whom the Contractor provides services, as determined by a court of law.
25 7. Violating any order or ruling of any regulatory body having jurisdiction over Contractor relative to its business, except during such time that Contractor is contesting such order or ruling by appropriate proceedings conducted in good faith.
C. Obligations Following Termination or Expiration of Agreement
1. Notice of Termination – Timing
If the City elects to terminate this Agreement for breach, the City shall provide Contractor written notice of termination. Contractor shall have thirty (30) calendar days from receipt of such notice to cure the breach, or such longer time as may be set forth in the City’s notice; otherwise, the Agreement shall be considered terminated for breach on that date.
Notwithstanding the foregoing, if the City determines, in its sole and absolute discretion, that the public health, safety or general welfare requires a shorter notification period, Contractor shall cure such breach in such time required by the City in order to avoid termination for breach. If this Agreement is terminated for breach, the City may supply the services hereunder with its own forces or may enter into a new agreement with another party.
5.8 SERVICE SCHEDULES
The Contractor(s) shall, within ten (10) working days after the effective date of the Contract, submit a work schedule to the City’s representative(s) for review and approval. Said work shall be based on a twelve-month calendar identifying and delineating the time frames for the required work by the day of the week, morning or afternoon.
The Contractor(s) shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the City’s representative(s) for review, and if appropriate, approval, within five (5) working days prior to the scheduled time for work.
5.9 COMPANY STAFF
It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to the key positions.
A. The Contractor agrees that once assigned to work under this contract, key personnel shall not be removed or replaced without writer notice to the City.
B. If key personnel are not available for work under this contract for a continuous period exceeding thirty calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.
26 C. The City may, at any time, give the Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City. The Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and the Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of the Contractor's employee(s) will not be detrimental to the interest of the City.
D. If key personnel are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.
E. The Contractor shall provide qualified English-speaking supervision in all areas of operations. The Supervisor shall be accessible to City staff via email, phone or in-person as necessary. The Contractor shall furnish only employees who are authorized, competent and skilled for work under this contract. Should it be determined by the City that the quality of work provided is substandard, at its discretion, the City may request the presence of a Supervisor during business hours.
F. The Supervisor shall work with the City in planning and scheduling work for completion of tasks and shall be accessible to the City staff via email, phone or in-person as necessary.
G. The Contractor(s) shall provide sufficient staffing to perform all work in accordance with the specifications set forth herein.
5.10 DRESS CODE AND APPEARANCE
All the Contractor(s) personnel shall wear uniforms bearing the Company name while performing work on this contract. sufficient changes of clothing shall be provided to present a neat and clean appearance of personnel at all times. The uniform shall consist of a shirt and jacket with the company name. Shirts, jackets, and caps used as uniforms shall bear the Contractor’s identification logo. Shirts shall be worn at all times, and shall be buttoned and tucked in. No caps with insignias or designs other than the company’s logo may be worn, and no caps shall be worn backwards.
The Contractor(s) must require each of its employees to adhere to basic standards of working ethics, and attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. Employee pants, shirts, jackets, and sweatshirts must be uniform.
The City shall approve the company’s uniform. The selected Contractor(s) must provide the City with images of the Company’s uniform prior to the start date.
The Contractor shall establish an identification system for personnel assigned to the facilities,
27 which clearly indicates to City employees and to the public, the name of the Contractor. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and name badges as specified by the City.
5.11 CONTRACTOR(S) PERSONNEL CONDUCT
The Contractor shall direct their employees against the unauthorized reading and disclosing of materials and documents available in the facilities of the City and against unauthorized use of City and personal property, such as: telephones, radios, copy machines, computers, fax machines, etc.
5.12 QUALIFICATIONS OF CONTRACTORS
Contractor(s) shall be fully qualified by ability, knowledge and experience to satisfactorily perform the work required in these specifications, and shall be engaged in the business of providing fleet maintenance services by the use of its own trained and qualified employees and equipment, material, facilities and supplies, except as specified in these specifications. Contractor shall be fully licensed to perform the services required under this Contract.
5.13 ENVIRONMENTAL REQUIREMENTS
Contractor shall conduct all aspects of its operation in compliance with all state and federal laws and regulations. Contractor shall immediately inform the City of any investigation, citation or legal action by any state or federal agency related to Contractor's obligations under this contract, and shall defend, indemnify and hold the City, its officials and employees harmless from any loss including, but not limited to fines, penalties and corrective measures the City may sustain by reason of Contractor's failure to comply with any state or federal law, regulation or rule.
A. Storm Water Quality Best Management Practices (BMP’s) & SelfCertification Form. The selected firm shall be responsible for reading, understanding and abiding by the BMP’s attached as part of the award package and signing the self-certification statement at the end of the BMP list. The selected firm will not be permitted to commence work until the Self-Certification statement at the end of the BMP list has been signed and approved by the Development Services Department.
The selected firm must contain all water within the limits of the work-site and shall not allow water run-off to enter the City’s storm drain system.
5.14 CONTRACT ENFORCEMENT
The City reserves the right to perform inspections at any time for the purpose of monitoring performance. The Contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of Contractor's performance, records and procedures. At the request of the City, the Contractor, or its appropriate representative, shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract and description of City policies and procedures. In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action.
The Contractor(s) or its authorized representative shall meet on the site quarterly, or more, at the discretion and convenience of the City, with an authorized representative of the City for a walkthrough inspection and to address any problems or other issues. All scheduled and periodic cleaning
28 functions shall be completed prior to this meeting.
5.15 CONTRACTOR’S PERFORMANCE
A. The Contractor will complete all assigned work per the City’s standards, to ensure that each assigned facility per this Agreement is maintained to the satisfaction of the City.
B. The Contractor shall complete a service checklist of work performed for each and all dates of work and submit within five (5) working days of the end of each billing period.
C. All calls and similar (electronic mail) requests from the City shall be responded to by Contractor within 24-hour of dissemination, with subsequent timeline acceptable by the City for resolution of the subject matter.
D. As needed, the City’s representative and the Contractor shall meet for the purpose of discussing specific service problems. The Contractor shall notify and report to the City all vandalism, potential health and safety hazards, and anything that could be deemed an inconvenience to the general public within a 24-hour period. Such information shall be reported to the Development Services Department via electronic mail.
E. If the Contractor’s conduct, performance, or work does not meet the City’s standards, they will be notified in writing and given 24-hours to take any required corrective action. If for any reason the Contractor is unable or unwilling to comply with the demand, the City may take the necessary steps to invoke liquidated damages. Any costs incurred by the City to rectify the deficiency(ies), will be deducted from the Contractor’s monthly invoice.
5.16 ADDITIONS/DELETIONS TO SPECIFICATIONS
The City reserves the right to make additions, deletions, revisions and/or otherwise modify the Specifications for this RFP.
29 SECTION E
PROPOSAL SCHEDULE
REQUEST FOR PROPOSAL (RFP) 2023-02
JANITORIAL SERVICES FOR CITY FACILITIES
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
30 SECTION F
PROPOSALSCHEDULE
REQUEST FOR PROPOSAL (RFP) 2023-02
JANITORIAL SERVICES FOR CITY FACILITIES
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Schedule A
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 A Total: $_____________________________________________ Schedule B
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 B Total: $_____________________________________________ Proposal Schedule A & B Total (in word):
LOCATION SQUARE
FOOTAGE
FREQUENCY
PER WEEK
MONTHLY
RATE
City Hall 1 2,280 5
City Hall 2 2,256 5
Council Chamber 1,920 5
Community Center 8,956 6
The Youth Center 3,419 5
Public Works Breakroom 1,800 5
Public Works Garage Offices 1,600 5
Preschool Building 1,100 5
TOTAL
LOCATION FREQUENCY MONTHLY
RATE
Community Center – Large Kitchen Once a month
TOTAL
31 Company Name of Proposer Date
32 SECTION E
JANITORIAL SERVICES AGREEMENT FOR CITY FACILITIES
REQUEST FOR PROPOSAL (RFP) 2023-02
IN THE CITY OF LOS ALAMITOS, CALIFORNIA
33 JANITORIAL FOR CITY FACILITIES
REQUESTS FOR PROPOSALS (RFP) 2023-02
[Enter name of Contractor]
THIS AGREEMENT FOR JANITORIAL SERVICES FOR CITY FACILITIES (“Agreement”) is made and entered into, to be effective this __th day of _____ 2023 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and ________________, (“Contractor”) a, ______________. 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 certain City facilities to include: City Hall 1, City Hall 2, Council Chamber, Community Center, Youth Center, Public Works breakroom, Public Works garage offices and the Preschool building.
B. In response to City’s formal Request for Proposals No. 2 0 2 3 - 0 2 (RFP), dated April 17, 2023, Contractor has submitted to City a written proposal, dated ___ , 2023, to provide the desired services.
C. City desires to engage Contractor to provide such 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 Proposal, dated , 2023, 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, subcontractors and subconsultants 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. 2 0 2 3 - 0 2 , dated April 17, 2023; and (3)
34 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.
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 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, subcontractors, subconsultants, 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.
35 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 Dollars ($ ). 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.
3.3 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, acts of
36 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 April 17, 2025. Notwithstanding the foregoing, the City may, at its sole discretion, extend the term of this Agreement for up to two (2) additional one-year periods. .
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
37 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 of this 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, subcontractors 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, subcontractors 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 subcontractors or subconsultants, Contractor shall defend,
38 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, subcontractor or subconsulant 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, subcontractors or subconsultant, 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, subcontractors or subconsultant 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.
39 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.
40 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 subcontractors and subconsultants, 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 Contractor 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 of the performance of the 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.
41 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 subcontractors or subconsultants.
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.)
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 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 if they 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
42 reinstated or has been provided through another insurance Contractor 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 Subcontractors. Contractor shall either: (1) include all subcontractors or subconsultants 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 subcontractors or subconsultants 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 subcontractor or subconsultants to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subcontractor or subconsultants 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 subcontractors and s subconsultants, 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.
43 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 subcontractors and subconsultants, 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 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, subcontractors, subconsultants, 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 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 of that indemnified party.
7. REPORTS AND RECORDS
44 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, subcontractors, subconsultants 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 subcontractors and subconsultants 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, subcontractors, subconsultants 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
45 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 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 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 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
46 Agreement results in litigation or any non-judicial 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 plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) calendar days of the 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 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 – .
47 To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA 90720
[email protected]
With copy to:
Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Contractor: Name of Contractor
Street
City, State, Zip Code
Email
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, Section 16000, et seq., (“Prevailing Wage Laws”). Contractor agrees to fully comply with all
48 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]
49 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:
Shelley Hasselbrink
Mayor
APPROVED AS TO FORM.
Woodruff, Spradlin & Smart, APC
By:
Michael S. Daudt
City Attorney
ATTEST:
By:
Windmera Quintanar, MMC
City Clerk
“Contractor”
Name of Contractor
By:
Name
Title
Email
By:
Name
Title
Email
EXHIBIT “A”
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 17, 2023 ITEM NUMBER: 10C
To: Mayor Tanya Doby & Members of the City Council
Presented By: Windmera Quintanar, City Clerk
Subject: Designation of Voting Delegate and Alternate for the League of California Cities’ 2023 Annual Conference & Expo
SUMMARY
The League of California Cities Annual Conference & Expo will be held in Sacramento, California from September 20-22, 2023. 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.
RECOMMENDATION
1. Appoint Mayor Tanya Doby to serve as the City’s Voting Delegate for the League of California Cities 2023 Annual Business Meeting; and,
2. Appoint a Mayor Pro Tem Jordan Nefulda to serve as the City’s Alternate Voting Delegate in the event of the Voting Delegate’s absence.
BACKGROUND
The League of California Cities (League) 2023 Annual Conference & Expo is scheduled for Wednesday, September 20, 2023, through Friday, September 22, 2023, and will be held in person at the SAFE Credit Union Convention Center in Sacramento, CA.
One aspect of the Annual Conference is the Annual Business Meeting where the membership considers and takes action on Conference Resolutions. These Resolutions guide cities and the League in efforts to improve the quality and responsiveness of local governments throughout California. The Annual Business Meeting is currently scheduled to take place during the General Assembly on Friday, September 22, 2023 from 8:30 a.m. to 10:30 a.m. The schedule is subject to change.
DISCUSSION
In order to facilitate the conduct of business at the Annual Business Meeting, each participating city must designate a Voting Delegate and may designate up to two Alternates.
Designation of the Delegates is consistent with the League’s bylaws. The Voting Delegate and Alternate must be registered to attend the conference. At least one must be present at the Annual Business Meeting and in possession of a voting delegate card in order to cast a vote.
Accordingly, this item has been placed on the agenda for City Council consideration. The
League has requested notification of the City’s Voting Delegate and Alternate(s), if appointed, no later than August 28, 2023. Historically, it has been the Council's practice to delegate the Mayor and Mayor Pro Tem as the City's voting delegates. Mayor Doby has advised she is available to attend the Annual Business meeting on Friday, September 20, 2023.
FISCAL IMPACT
There is no cost associated with the designation of a Voting Delegate and Alternate; however, there are associated conference fees per attendee. There are sufficient funds available in the City Council Travel and Training budget, account number 10-510-5207 for Fiscal Year 2023-
24. Attachment: 1. 2023 Voting Delegate Packet
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.
New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.
Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Council Action Advised by August 28, 2023
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:
Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
CITY: ________________________________________
2023 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _______________________________
Email: ______________________________
3. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.
Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.
Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.
Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.
Potential Cal Cities bylaws amendments are also
considered at this meeting.
Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.
General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.
What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 17, 2023 ITEM NUMBER: 11A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Craig Koehler, Director of Finance
Subject: Annual Appropriations Limit for Fiscal Year 2023-24
SUMMARY
Article XIII B of the California Constitution specifies the amount of allowable revenue the City of Los Alamitos can appropriate from the proceeds of taxes.
RECOMMENDATION
Adopt Resolution No. 2023-19, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24.”
BACKGROUND
Article XIII B of the California Constitution was added by the November 1979 passage of the Gann Initiative. For State and local governments, this legislation mandated that the total annual appropriations are subject to limitations and shall not exceed the prior year Appropriations Limit, adjusted for the change in cost of living and population, except as otherwise provided in that article. The Gann Initiative is implemented by Section 7900 et. seq. of the California Government Code. Section 7910 provides that the governing body of each jurisdiction shall annually establish its Appropriations Limit by resolution.
DISCUSSION
The Appropriations Limit is calculated by determining appropriations financed by proceeds of taxes in the 1978/79 base year and adjusting the limit each subsequent year for changes in the cost of living and population. This Appropriation Limit is the maximum limit of proceeds from taxes the City may collect or spend each year. Appropriations financed by proceeds of taxes are limited to actual revenues collected if they are lower than the limit. The Appropriations Limit may be amended at any time during the fiscal year to reflect new data.
The cost of living adjustment may be based upon the changes in the California per capita personal income or the percentage change in the local assessment roll from the preceding year due to the addition of local nonresidential new construction. The population adjustment may be based on the changes in the City population or population growth within the County.
Staff has calculated the Fiscal Year 2023-24 Appropriations Limit utilizing the percentage growth in the California Per Capita Income and the change in the County of Orange’s population. The Fiscal Year 2023-24 Appropriations Limit is calculated to be $25,536,239. The