DECEMBER 16, 2024 CITY COUNCIL MEETING
ACCELERATED WARRANT QUESTIONS AND RESPONSES
Hibbard’s Requests
1. One Page 4, it shows a 31073.07 payment to Redflex Traffic Systems for 09/24 services, but on page 17, it states the City paid Redflex Traffic Systems 21733.09 for 09/24 services (a discrepancy of $9340).
services.
This warrants report is showing we made two payments for 09/24 (though the dollar amounts are different) and one payment for 10/24. How much did we actually pay?
I'm trying to find out:
1. If the warrants register is incorrect
• The warrant register shows the incorrect date for one of the invoices. It should have been for 08/2024. See invoices
2. If we paid Redflex Traffic Systems 3 times when we should have only paid 2 times
• See invoices
3. What we actually paid for September 2024 services
• $31,073.07 see invoice attached.
4. What we actually paid for October 2024 services
• $31,073.07 see invoice attached.
5. Who is responsible for reviewing/auditing the accuracy of our payments to vendors
• Finance Team
6. Who is responsible for reviewing/auditing the accuracy of the warrants report before they're delivered to Council
• Finance Team
Please send me the backup to support our payments to Redflex Traffic Systems for their September and October services.
2. I have questions about a few expenditures and need to see the following invoices:
Lance Soll Lunghard $1531.50 for 2022 nonprofit tax
• Attached Invoice
Sunset Signs & Printing $3640.16 for logo wall sign
• Attached Invoice
Tripepi Smith & Associats $852.50 for video production - is this the company we paid to promote Measure X?
• This vendor provides video production services for the City during Council Meetings. The vendor also served as a subcontractor under FM3, which was selected for the "RFP 2024-04 Ballot Measure Polling & Outreach Consultant Services." This vendor's role in relation to Measure X was limited to providing general public information support to the City.
• Attached Invoice
Arroyo Irrigation $3225 for irrigation consulting
• Attached Invoice
Bask $7354.06 for "cc chairs final payment" - what chairs are these for? what was the total we paid, if this is the final payment
• Attached – total paid shown in invoice
Calirica LLA $2000 for political consulting - invoice and contract please - is this Tony Cardenas' LLC, our SCE representative?
• This company is Tony Cardenas’. He provides general legislative assistance but specifically has helped with the development of the 2025 Legislative Platform. The agreement is attached.
• Attached Invoice
Criterion $6637.5 for talent lite
• Attached Invoice
Data Ticket $2210.19 for citation services - what month is this for? • 09/2024 and 10/2024
• Attached Invoice
Dell $11592.94 for hardware
• Attached Invoice
Digital Scepter Corp $4460.16 for a subscription renewal • Attached Invoice
Griffin Strutures $10100 for "prgm mgmt svcs 09/24"
• Attached Invoice
Harris & Associates $13770 for lampson project 10/24 - what's the total amount we've paid this vendor? will the lampson project applicant reimburse the city for these expenses?
• The agreement has a total of $105,000 and we have spent approximately $88,250. Yes, the applicant reimburses the City. They have already submitted a deposit of $105,756.
• Attached Invoice
Jacob Green $8400 for "ED strategic plan 20%" - please send me the contract/agreement. I'm not aware of what service this vendor is providing.
Please send the strategic plan that was provided.
• The ED Strategic plan is in draft mode and it is anticipated to be presented to City Council in February. Jacob Green and Associates invited all City Council members to participate in the ED Stakeholder Interview/Survey. We have also placed this project in the weekly several times – two of them are attached. • Attached Invoice
LA Herraduta Mobil Detail $810 - how much does one car wash cost? • Small vehicles - $40
• Large vehicles - $45
• Attached Invoice
PFM Financial Advisors $9300 for financial analysis - what's being analyzed and why isn't staff able to perform this in house?
• Attached Invoice
Rossmoor/Los Al Area Sewer $3000 - parking lot - this is showing 2 payments for 6 months, but only $3000. Is a zero missing? Compare what we're paying to park in the garage and the figures are thousands and thousands of dollars off.
I'm assuming this is a typo?
• Attached Invoice
The Albert Group Architects $5681 for civic center architect services - I don't recall anything being brought to Council regarding this. Please send the agreement/contract, payment details, and deliverables (if any) we've received at this time. Who ordered this service?
• This service is for architectural design for several areas of the Civic Center Complex including the PD locker rooms and Community Center 2. We are still working with draft documents, but I have attached a draft of the PD locker rooms.
• Attached Invoice
Tripepi Smith and Associates $5563.75 ballot outreach - was this to promote Measure X?
• This invoice was for various ballot measure issues, including check-in calls and an animated video posted on the City's website. This vendor's role in relation to Measure X was limited to providing general public information support to the City.
• Attached Invoice
Invoice
1 of 1
Redflex Traffic Systems, Inc.
1150 N. Alma School Rd
Mesa, AZ 85201
Voice: (480) 596-4600
Invoice Date 10/31/2024
Invoice Number INV0087509
Customer ID LOSALACARF
Service Period 10/1/2024 to 10/31/2024
Payment Terms Net 30
Currency USD
Bill To
City of Los Alamitos
3201 Katella Ave
Los Alamitos CA 90720-5601
United States
Item Description Qty Unit Price Ext Price
Red Light FF-RDLT
LAL-KAAL-01 Katella Ave & Los Alamitos Blvd
1 $3,690.47 $3,690.47
Red Light FF-RDLT
LAL-KAAL-03 Katella Ave & Los Alamitos Blvd
1 $3,690.47 $3,690.47
Red Light FF-RDLT
LAL-KABL-01 Katella Ave & Bloomfield St
1 $3,690.47 $3,690.47
Red Light FF-RDLT
LAL-KABL-03 EB Katella Ave @ Bloomfield St
1 $6,867.50 $6,867.50
Red Light FF-RDLT
LAL-LAKA-03 NB Los Alamitos Blvd @ Katella Ave
1 $6,867.50 $6,867.50
Red Light FF-RDLT
LAL-LAKA-01 SB Los Alamitos Blvd @ Katella Ave
1 $6,867.50 $6,867.50
Red Light CONCESSION-RLC
2024 CPI Concession
-1 $772.53 ($772.53)
Red Light RMB-EXP-OTHER
Communication Charges September 2024
1 $171.69 $171.69
Invoice Total $31,073.07
Payment Instructions
Wire Info: Bank Name: Harris Bank Chicago, IL
ABA/Swift/SoftCode: 071000288 Account Number : 1695360
Please Reference this invoice number with Remittance
Thank you for your business!***
DEPOSIT INVOICE
Date
10/11/2024
# 818153
Customer
City of Los Alamitos
10911 Oak Street
Los Alamitos, ca 90720
Installation / Ship to Address
10911 Oak Street
Los Alamitos, ca 90720
P.O. No. Terms
50/40/10 Standard Contract
Due By
10/14/2024
Rep
JB
Contact Name
Total
Balance Due
Subtotal
Sales Tax (7.75%)
Payments/Credits
Thank You for the Opportunity to EARN your Business.
Sunset Signs
2906 E Coronado St, Anaheim, CA 92806
Phone: 714-399-3360 Fax: 714-399-3361
www.SunsetSignsOC.com
Ordered Invoiced Description
LOBBY SIGN
Size: 36"H x 100"W
Custom fabricated aluminum cabinet sign. Includes .080" thick 4" deep returns and internal framing.
Includes LED illumination, UL Listed components, and power supply(s). Sign to be painted (1) color.
Main copy to be 1/2" deep push through acrylic with translucent vinyl overlay. 1 0.5
INSTALLATION
Install (x1) lobby sign at location.
1 0.5
NOTES/TERMS:
- Contract Terms are 50% deposit, 40% completion of fabrication, 10% at substantial completion of installation.
- A full set of shop drawings of proposed sign(s) will be issued by Sunset Signs for approval prior to manufacturing. Client to provide vector artwork for shop drawings/production as needed. - Standard manufacturing lead time is 7-8 weeks after all approvals (Subject to change based on work flow at time of submittal to production).
- Due to recent supply chain issues, lead times are not guaranteed and may be extended without notice.
- Installation to be scheduled upon completion of production/manufacturing. - Confirmed installations, which are cancelled in less than 24 hours from the day scheduled for installation, will incur a $250 cancellation fee.
- Removal of existing signage excluded.
- Client and/or others to provide required adequate power in junction box within 5 feet of final sign location.
- Excludes photo cell and/or timer. Client / others to provide astronomical timer and photo cell as required by state and local code(s).
- Pricing is based on one mobilization during normal business hours with unobstructed access to sign area(s).
- Rates based on non-prevailing wage rates.
- Sunset Signs gives a 1-year limited warranty for workmanship, which begins on initial project completion. Warranty shall become void if any portion of total amount of invoice is past due and unpaid.
- Any signs not specifically listed above are hereby excluded from our scope of work. Sunset Signs is not responsible for confirming sign count(s) and/or takeoff(s). - Sunset Signs retains ownership of sign(s) until contract is fulfilled and balances are paid. - See sunsetsignsoc.com/terms for all warranty, terms, and conditions. $3,640.16
$3,640.16
$3,412.50
$227.66
$0.00
TRIPEPI SMITH and ASSOCIATES, INC.
PO Box 52152
Irvine, CA 92619 US
[email protected]
INVOICE
BILL TO
City of Los AlamitosINVOICE # 13399
DATE 10/30/2024
DUE DATE 11/29/2024
TERMS Net 30
DATE ACTIVITY QTY RATE AMOUNT
10/21/2024
10/21/2024 Council Video Production
Los Alamitos City Council Meeting - Jack McAffery
2.50 110.00 275.00
10/21/2024 Council Video Production
Los Alamitos City Council Meeting travel to/from
(billed at 1/2 rate) - Jack McAffery
1.75 55.00 96.25
10/23/2024
10/23/2024 Meeting Video Production
Los Alamitos Planning Commission Meeting -
Jack McAffery
3.50 110.00 385.00
10/23/2024 Meeting Video Production
Los Alamitos Planning Commission Meeting
travel to/from (billed at 1/2 rate) - Jack McAffery
1.75 55.00 96.25
BALANCE DUE $852.50
Arroyo Irrigation
13660 Gershon Place, Santa Ana, California 92705
ArroyoIrrigation.com • Tel: 949.430.7030
Dcollins@ ArroyoIrrigation.com
INVOICE TO
City of Los Alamitos
CUSTOMER NAME
City of Los Alamitos:Los
Alamitos - Irrigation
Controller RPF Development
INVOICE NO.
TERMS
DATE
DUE DATE
2089
Net 30
11/02/2024
12/02/2024
DATE ACCOUNT SUMMARY AMOUNT
DATE ACTIVITY QTY RATE AMOUNT
Irrigation Controller RPF Development 0 1,500.00 0.00
Irrigation Demonstration Site 1 1 1,200.00 1,200.00
Irrigation Demonstration Site 2 1 1,200.00 1,200.00
Additional Services 0 800.00 0.00
Business License 1 357.50 357.50
Insurance – Named Additional Insured Documents 1 467.50 467.50 TOTAL 3,225.00
BALANCE DUE $3,225.00
Arroyo Irrigation, Inc
13660 Gershon Place
Santa Ana, CA 92705
949.430.7030
ArroyoIrrigation.com
INVOICE
INVOICE #1-10.31.24
CaliRica L.L.C.
6759 E. Kentucky Ave.
Anaheim, CA 92807
(714) 944-4023
10/31/24
BILL TO FOR
CITY OF LOS ALAMITOS
3191 KATELLA AVE.
LOS ALAMITOS, CA 90720
(562) 431-3538
Details AMOUNT
Bi-weekly two-hour consultation services covering the scope of work in the executed agreement, and additional policy initiatives identified by the client. $2,000.00
SUBTOTAL $2,000.00
TAX RATE 0.00%
OTHER $0.00
TOTAL $2,000.00
THANK YOU FOR YOUR BUSINESS!
POLITICAL AND LEGISLATIVE
CONSULTATION SERVICES -
OCTOBER
If you have any questions concerning this invoice, please utilize the following contact information:
Tony Cardenas, (714) 944-4023, [email protected]
Make all checks payable to CaliRica L.L.C.
1 CONSULTING SERVICES AGREEMENT
[Antolin (Tony) Cardenas]
THIS CONSULTING SERVICES AGREEMENT (“Agreement”) is made and entered into, to be effective this 18th day of February 2024 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and Antolin (Tony) Cardenas, a California corporation (“Consultant”). City and Consultant 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 consultant to provide Consulting Services to Assist in Obtaining Government Grants (“Consulting”).
B. Consultant has submitted to City a written proposal, dated September 18, 2023, to provide legislative and advocacy consulting services.
C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and expertise, to provide the necessary services to City and has agreed to provide such services as set forth herein.
D. City desires to engage Consultant 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 CONSULTANT
1.1 Scope of Services and Standard of Performance. Consultant shall provide those services set forth in the Proposal for providing legislative and advocacy consulting services, dated September 18, 2023, attached hereto as Exhibit “A” (“Scope of Services” and/or “Consulting Services”). Consultant shall provide the Consulting Services in compliance with all terms and conditions of this Agreement. Consultant warrants that all Consulting 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. Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Consulting Services. Consultant represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Consulting Services. All Consulting Services shall be completed to the reasonable satisfaction of City.
DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 2 1.1.1 Resolution of Inconsistencies. In the event of any inconsistency between or among the terms and conditions contained in the main body of this Agreement and the Scope of Services, such inconsistency shall be resolved by applying the provisions in the highest priority of the documents containing such inconsistency, which shall be determined in the following order of declining priority: (1st) the main body of this Agreement; and (2rd) the Scope of Services.
1.2 Compliance with Law. All Consulting 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. Consultant shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Consulting Services. If Consultant performs any Consulting Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Consultant shall be solely responsible for all penalties and costs arising therefrom. Consultant 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 Consulting Services, Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Consulting Services. Consultant represents and warrants to City that Consultant 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 Consultant to perform the Consulting Services. Consultant 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 Consultant's performance of the Consulting 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 Consulting Services.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Consulting Services to be performed, (b) has carefully considered how the Consulting Services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the Consulting Services under this Agreement.
1.5 Care in Performance of Consulting Services. Consultant shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Consulting Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Consulting Services by the City, except such losses or damages as may be caused by City's own negligence.
1.6 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 3 are the subject of this Agreement. Consultant further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. Consultant shall be compensated for the Consulting Services performed, including authorized reimbursements, if any, in accordance with the fee schedule set forth in the Scope of Services in an annual amount not to exceed twenty-four thousand Dollars ($24,000). 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 Consultant wishes to receive payment, Consultant 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 Consultant 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 Consultant’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 Consulting Services to be performed by Consultant is an essential condition of this Agreement.
3.2 Schedule of Performance. Consultant shall prosecute regularly and diligently the Consulting Services according to the periods specified in the Scope of Services. When requested by Consultant, extensions of the time period(s) specified in the Scope of Services may be approved DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 4 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 Consulting Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (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 Consultant, 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 Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of one year, ending on March 18, 2025, unless extended by mutual written agreement of the Parties.
4. COORDINATION OF CONSULTING SERVICES
4.1 Consultant’s Representative. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act on its behalf with respect to the Consulting Services and to make all decisions in connection therewith: Antolin (Tony) Cardenas. 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 Consultant and devoting sufficient time to personally supervise the Consulting Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 City’s Contract Officer. The City’s Contract Officer shall be Chet Simmons or person as may be designated by the City Manager, and is subject to change by the City Manager.
It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Consulting Services, and the Consultant 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 Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 5 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. Consultant shall not contract with any other entity to perform the Consulting Services without prior written consent of City. If Consultant is permitted by City to subcontract any part of this Agreement, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the performance of Consulting Services will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. 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 Consultant, 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 Consultant or any surety of Consultant 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 Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Consultant will determine the means, methods and details of performing the Consulting Services subject to the requirements of this Agreement. The personnel performing the Consulting Services on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement.
Consultant, 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 Consultant’s officers, employees, or agents or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Consulting 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 Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
4.4.2 Consultant 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 Consultant, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Consulting Services. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 6 performance of any Consulting Services. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Consulting 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 Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant 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 Consultant or any officer, employee, representative, agent, subconsultant or subcontractor of Consultant providing any Consulting 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, Consultant 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 Consultant 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, Consultant and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any Consulting 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. Consultant 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. Consultant shall not commence any Consulting Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Consultant’s existing insurance policies do not meet the insurance requirements set forth herein, Consultant 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, Consultant 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. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 7 General Liability Insurance (CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000.000.00) in the general aggregate.
The policy shall not contain any endorsements or provisions limiting coverage for (1) contractual liability, (2) cross liability exclusion for claims or suits by one insured against another, or (3) contain any other exclusion contrary to the Agreement.
5.3 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 Consulting Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant 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 Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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 Consultant, 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 Consultant or others DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 8 providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant 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 Consultant’s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten (10) calendar days prior written notice. (A statement that notice will be provided "in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City's sole and absolute discretion.
5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Consultant 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, Consultant 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 DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 9 Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
5.8 Enforcement of Agreement (Non-Estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant 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. Consultant shall either: (1) include all subconsultants or subcontractors engaged in the performance of Consulting Services on behalf of Consultant as additional named insureds under the Consultant’s insurance policies; or (2) Consultant 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. Consultant 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 Consultant and its subconsultants and subcontractors, if any, pursuant to this Agreement:
5.10.1 Consultant 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 Consultant 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.
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 Consulting. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 10 5.10.5 Consultant agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Consulting who are brought onto or involved in the Consulting by Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant 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.
Consultant agrees that upon request, all agreements with subcontractors and others engaged in the provision of Consulting Services will be submitted to the City for review.
5.10.6 Consultant agrees to provide immediate written notice to City of any claim, demand or loss against Consultant arising out of the work or 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, Consultant shall defend (at Consultant’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 Consultant, 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 Consulting Services performed by Consultant 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 Consultant.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’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
7.1 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Consulting Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 11 Consulting 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. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Consulting 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 Consultant, 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 Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant 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 Consultant fails to secure such assignment, Consultant 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 Consultant, its employees, subconsultants, subcontractors and agents in the performance of Consulting 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 Consultant 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 Consultant. 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 DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 12 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 Consultant, 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, Consultant shall immediately cease all Consulting Services, except as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Consulting Services rendered prior to receipt of the notice of termination and for any Consulting Services authorized by the Contract Officer thereafter.
8.6 Termination for Default of Consultant.
8.6.1 Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
8.6.2 If the Contract Officer determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. If such default is capable of being cured, Consultant 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 Consultant 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. Consultant 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 Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Consulting Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total direct and indirect costs for completion of the Consulting Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Consultant for the purpose of set-off toward the cost of completion of the Consulting Services. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Consulting 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 DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 13 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 Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Covenant Against Discrimination. Consultant 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. Consultant 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 Confidentiality. Information obtained by Consultant in the performance of this Agreement shall be treated as strictly confidential and shall not be used by Consultant for any purpose other than the performance of this Agreement without the written consent of the Contract Officer.
10.2 Patent and Copyright Infringement.
10.2.1 To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 14 from City's alteration of a deliverable where such alteration created the infringement upon any presently existing U.S. letters patent or copyright.
10.2.2 Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.3 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 – Antolin (Tony) Cardenas.
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 Consultant: Antolin (Tony) Cardenas
6759 E. Kentucky Ave.
Anaheim, CA 92807
[email protected]
10.4 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.
DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 15 10.5 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.
10.6 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.7 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.
10.8 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.
10.9 Prevailing Wages. Consultant 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”). Consultant 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 Consulting Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant 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.
10.0 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.
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DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 16 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:_______________________________
Chet Simmons
City Manager
APPROVED AS TO FORM.
Woodruff & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:
By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Consultant”
Antolin (Tony) Cardenas
By:_______________________________
Antolin (Tony) Cardenas
DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 3/29/2024
4/1/2024
4/1/2024
4/8/2024
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF SERVICES
DATED: September 18, 2023
DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 City of Los Alamitos Contract Proposal
Legislative and Advocacy Consulting Services
Consultant – Antolín (Tony) Cárdenas
City/Agency – City of Los Alamitos
Commencement Date – As early as March 2024
Scope of Work – Provide legislative and advocacy consulting services to assist the City of Los Alamitos establish its new Intergovernmental Affairs Division, and support the Division’s Director, including:
A.) Provide training and guidance to the new Division Director: legislative analysis, reading bill language and identifying policy from political intentions; how to effectively write a city position letter; understanding the Legislative session including timelines, deadlines, Committee hearings and procedures; what to request from Legislators and their Capitol staff when researching a bill; how to maximize the City’s relationship with contract lobbyists; forming effective coalitions on shared policy objectives, and; education on available applications for tracking the City’s priority bills.
B.) Provide the City a work plan on how to further enhance its established relationships with Federal and State Legislators and their staff: sharing professional contacts and building out the City’s network; forming strategic political relationships outside of Orange County; targeting strategic Federal and State agencies; and identifying potential coalition partners to further advocate the City’s policy priorities.
C.) Assist the City in its development of the new Intergovernmental Affairs Division, and provide recommendations on how to build an effective organizational unit: establishing an comprehensive Legislative Platform for expedited advocacy for meeting legislative deadlines; establishing an Intergovernmental Relations Committee with City Council members for effective checks and balances; and identifying professional associations and third-party entities which will help with the City’s policy and financial priorities.
D.) Provide additional support services as needed to ensure the success of the new Division Director and the Intergovernmental Affairs Division.
Deliverables on Time/Proposed Schedule – The Consultant will virtually meet with the City’s Division Director for two hours on weekly basis for the first three months of the contract. After the first three months, the Consultant will virtually meet with the Director on a bi-weekly basis. The specific dates will be coordinated between the Consultant and the Director. The Director will have access to, and may correspond with, the Consultant throughout the entire term of the contract.
Compensation – The City of Los Alamitos will pay the consultant $2,000 per month for a term of one year. Direct deposit is preferred. After the term of one year, the City and the Consultant will discuss milestones and deliverables achieved, and revisit a new contract.
Contact – Antolín (Tony) Cárdenas
CaliRica L.L.C.
City of Los Alamitos Business License #01612650
6759 E. Kentucky Ave.
Anaheim, CA 92807
[email protected]
(714) 944-4023
DocuSign Envelope ID: 45032B92-BCCD-4BFF-AF3E-8314C7154DA5 Invoice
301 Merritt 7
Norwalk, CT 06851
(203) 703 9000
Bill to City of Los Alamitos
[email protected]
3191 Katella Ave.
Los Alamitos, CA 90720
Invoice INV-2020034404
Date Oct 1, 2024
Due date Oct 31, 2024
Amount due $6,637.50
Subtotal $6,637.50
Total $6,637.50
Paid $0.00
Amount due $6,637.50
Criterion Inc.
Items Quantity Price Amount
Talent Lite - CHR Edition
PEPM: $3.69, Period: November 1, 2024 - October
31, 2025
150 $44.25 $6,637.50
Use this link to pay online: https://app01.us.bill.com/p/criterionhcm Notes
Payment Instructions: Payments are accepted either by ACH or Wire Transfer Bank Name: Wells Fargo Bank, N.A.
Account Name: Criterion Inc.
Account Number: 134 956 6040
US Payments
Routing number (ACH): 021 101 108
Routing Number (Wire Transfer): 121 000 248
International Payments
Swift Code (Wire Transfer): WFBIUS6S
USD Check Remittance Address:
Criterion Inc.
PO Box 780930
Philadelphia, PA 19178-0930
Invoice
172087
Bill To:
City of Los Alamitos
Accounts Payable
3201 Katella Ave.
Los Alamitos, CA 90720
2016 / 2062
Net 30
11/18/2024
Thank you!
Phone # 949-752-6937
Fax # 949-752-6972
[email protected] www.CitationProcessingCenter.com Invoice Total
Total Amount Due
Payments/Credits
Prepared by: _________________________
Reviewed by: _________________________
Please note, if you do not have a Joint Escrow Account with Data Ticket, you are responsible for paying your Agency's monthly surcharges to the State of California.
If you have any questions, please contact Client Services at 949-752-6937 or [email protected].
Thank you, Data Ticket
2603 Main Street
Suite 300
Irvine, CA 92614
Invoice Number:
Entity Number:
Terms:
Sent Date:
DESCRIPTION QUANTITY PRICE AMOUNT
Daily Citation Processing 332 0.65 215.80
Daily Notices 251 1.01 253.51
Out of State Collections 320 0.25 80.00
Appeal Processing- Review Hold 47 0.50 23.50
Other Correspondence (Appeals, Postcards, etc.) 74 1.01 74.74 Delinquent Collection Processing 2,600 0.25 650.00
October 2024
$1,297.55
$1,297.55
$0.00
Invoice
170941
Bill To:
City of Los Alamitos
Accounts Payable
3201 Katella Ave.
Los Alamitos, CA 90720
2016 / 2062
Net 30
10/16/2024
Thank you!
Phone # 949-752-6937
Fax # 949-752-6972
[email protected] www.CitationProcessingCenter.com Invoice Total
Total Amount Due
Payments/Credits
Prepared by: _________________________
Reviewed by: _________________________
Please note, if you do not have a Joint Escrow Account with Data Ticket, you are responsible for paying your Agency's monthly surcharges to the State of California.
If you have any questions, please contact Client Services at 949-752-6937 or [email protected].
Thank you, Data Ticket
2603 Main Street
Suite 300
Irvine, CA 92614
Invoice Number:
Entity Number:
Terms:
Sent Date:
DESCRIPTION QUANTITY PRICE AMOUNT
Daily Citation Processing 392 0.65 254.80
Daily Notices 180 1.01 181.80
Out of State Collections 280 0.25 70.00
Appeal Processing- Review Hold 24 0.50 12.00
Other Correspondence (Appeals, Postcards, etc.) 3 1.01 3.03 Scheduled Letter Extracted 1 1.01 1.01
Delinquent Collection Processing 1,560 0.25 390.00
September 2024
$912.64
$912.64
$0.00
Item
Number Description Qty Unit Unit Price Amount
SHIP TO: CITY OF LOS ALAMITOS
RECEIVABLE DEPT
FINANCE DEPT
3191 KATELLA AVE
LOS ALAMITOS, CA 90720-5600
USD
FOR SHIPMENTS TO CALIFORNIA, A STATE ENVIRONMENTAL FEE OF UP TO $6 PER ITEM WILL BE ADDED TO INVOICES FOR ALL ORDERS CONTAINING A DISPLAY GREATER THAN 4 INCHES. PLEASE KEEP ORIGINAL BOX FOR ALL RETURNS. COMPREHENSIVE ONLINE CUSTOMER CARE INFORMATION AND ASSISTANCE IS A CLICK AWAY AT WWW.DELL.COM/PUBLIC-ECARE TO ANSWER A VARIETY OF QUESTIONS REGARDING YOUR DELL ORDER.
Sub-Total: $ 10,580.00
Ship. &/or Handling: $ 0.00
ENVIRO FEE: $ 85.00
Taxable: $ 10,031.60
Non-Taxable: $ 633.40
Tax: $ 927.94
Invoice Total: $ 11,592.94
DETACH AT LINE AND RETURN WITH PAYMENT
Invoice Number: 10780823370
Customer Name: CITY OF LOS ALAMITOS
Customer Number: 3269079
Purchase Order: 25-1045
Make check payable / remit to : Dell Marketing L.P. C/O Dell USA L.P. PO Box 910916 Pasadena, CA 91110-0916
Electronics Payments Dell Marketing L.P. PNC Bank
ABA#: 043-000-096
Acct#: 1017304611
Swift code : PNCCUS33
Online ACH Payment
Log in to your MyFinancials account https://mfm.dell.com/ USD
Sub-Total: $ 10,580.00
Ship. &/or Handling: $ 0.00
ENVIRO FEE: $ 85.00
Taxable: $ 10,031.60
Non-Taxable: $ 633.40
Tax: $ 927.94
Invoice Total: $ 11,592.94
Balance Due: $ 11,592.94
Amount Enclosed: 0107808233700000001159294000000032690794 Purchase Order: 25-1045
Payment Terms: 45 Days Inv. Due Date: 12/21/2024
Invoice Date: 11/06/2024
Order Date: 10/30/2024
Shipped Via: SEE BELOW
Customer Agreement #: 23026 / 7-23-70-55-01
Contract Code: C000001115143
Waybill Number: 1ZWA89680311378199
Contract Name: SEE BELOW
BILL TO: SHIP TO:
CITY OF LOS ALAMITOS
ACCOUNTS PAYABLE
3191 KATELLA AVE
LOS ALAMITOS, CA 90720-2335
SEE BELOW
Invoice No: 10780823370 Customer No: 3269079 Order No: SEE BELOW Page 1 of 2 DELL MARKETING L.P. One Dell Way
Round Rock, TX 78682
FID Number: 74-2616805
Inquiries: www.dell.com/ordersupport/
Dell Online: http://www.dell.com
Invoice
PLEASE REVIEW DELL'S TERMS & CONDITIONS OF SALE AND POLICIES , WHICH GOVERN THIS TRANSACTION
VIEW YOUR ORDER DETAILS ONLINE
US366535894-CA-US_84 10780823370
Item
Number Description Qty Unit Unit Price Amount
TAX AMT
$ 1,012.94
ENVIRO FEE
$ 0.00
METHOD: UPS Surepost CHARGES: $ 0.00
WAYBILLS: 1ZWA89680311378199, 1ZWA89680311378233, 1ZWA89680311378331, 1ZWA89680311378297, 1ZWA89680311378242, 1ZWA89680311378340, 1ZWA89680311378251, 1ZWA89680311378206, 1ZWA89680311378304, 1ZWA89680311378215, 1ZWA89680311378313, 1ZWA89680311378224, 1ZWA89680311378411, 1ZWA89680311378322, 1Z2EY9471353004002 METHOD: FEDEX GROUND CHARGES: $ 0.00
WAYBILLS: 416673143913
210-BDLQ Dell 32 USB-C Hub Monitor - P3223DE, 80.1cm (31.5) System Service Tags:
13 EA 385.00 5,005.00
5TY9H34, GPY9H34, 6TY9H34, DSY9H34, 4VY9H34, 6VY9H34, CSY9H34, JTY9H34, HSY9H34, 8TY9H34, DTY9H34, 8RY9H34, HRX9H34 580-AJIS Dell Pro Wireless Keyboard and Mouse - KM5221W 10 EA 41.00 410.00 210-BLLK Dell Latitude 3450, BTX
System Service Tags:
5 EA 858.00 4,290.00
J8LF944, 44SP544, 34SP544, 4ZRP544, B3SP544
210-AZBG Dell Dock – WD19S 90W Power Delivery – 130w AC System Service Tags:
5 EA 175.00 875.00
G21CLV3, GNXFLV3, CKXFLV3, F19DLV3, FRXFLV3
Order Number(s): 1011581757, 1011581758, 1011581759, 1011581760 Contract Name: Dell NASPO Computer Equipment PA - California To make a payment or access your account details online, please visit MyFinancials at https://mfm.dell.com Purchase Order: 25-1045
Payment Terms: 45 Days Inv. Due Date: 12/21/2024
Invoice Date: 11/06/2024
Order Date: 10/30/2024
Shipped Via: SEE BELOW
Customer Agreement #: 23026 / 7-23-70-55-01
Contract Code: C000001115143
Waybill Number: 1ZWA89680311378199
Contract Name: SEE BELOW
BILL TO: SHIP TO:
CITY OF LOS ALAMITOS
ACCOUNTS PAYABLE
3191 KATELLA AVE
LOS ALAMITOS, CA 90720-2335
SEE BELOW
Invoice No: 10780823370 Customer No: 3269079 Order No: SEE BELOW Page 2 of 2 DELL MARKETING L.P. One Dell Way
Round Rock, TX 78682
FID Number: 74-2616805
Inquiries: www.dell.com/ordersupport/
Dell Online: http://www.dell.com
Invoice
PLEASE REVIEW DELL'S TERMS & CONDITIONS OF SALE AND POLICIES , WHICH GOVERN THIS TRANSACTION
VIEW YOUR ORDER DETAILS ONLINE
US366535894-CA-US_84 10780823370
INVOICE
To: City of Los Alamitos Date: September 30, 2024
ATTN: Chet Simmons, City Manager Invoice: SS-LACCMP-04
Project:
[email protected]
Description : Contract Previously
Invoiced Current Invoice Invoiced to Date Balance Remaining Program Management Services $ 98,720.00 $ 40,000.00 $ 10,000.00 $ 50,000.00 $ 48,720.00 Reimbursable Expenses $ 1,000.00 $ 400.00 $ 100.00 $ 500.00 $ 500.00 Totals: $ 99,720.00 $ 40,400.00 $ 10,100.00 $ 50,500.00 $ 49,220.00 Amount Due this Period: $ 10,100.00
Outstanding Balances
08/31/2024 SS-LACCMP-03 $ 15,150.00
Total Balance Due: $ 25,250.00
Los Alamitos Civic
Center Master Plan
Pursuant to the terms of our agreement, payment is due
in full within 30 days of receipt of this invoice. We
appreciate your prompt remittance.
Please Remit To:
Griffin Structures, Inc.
1 Technology Drive, Building i, Suite 829
Irvine, CA 92618
T. (949) 497-9000 F. (949) 497-8883
griffinstructures.com
PROJECT: INVOICE: SS-LACCMP-04
Los Alamitos Civic Center Master Plan
DESCRIPTIONS AMOUNT
$ 100.00
TOTAL: $ 100.00
Reimbursable Expense - Insurance at 0.01
Jacob Green and Associates Inc.
13217 Jamboree Road #248
Tustin, CA 92782 US
+1 9092388536
[email protected]
https://jacobgreenandassociates.com/
INVOICE
BILL TO
City of Los Alamitos
3191 Katella Ave,
Los Alamitos, CA 90720
SHIP TO
City of Los Alamitos
3191 Katella Ave,
Los Alamitos, CA 90720
INVOICE 2680
DATE 07/31/2024
TERMS Net 30
DUE DATE 08/30/2024
DATE DESCRIPTION QTY DUE RATE AMOUNT
07/19/2024 Project Management Economic
Development
Strategic
Plan - 20% -
After
Completion
of the
Strategic
Plan
Development
, draft
provided for
review on
7/19/24.
0.20 20.00 % of 42,000.00 42,000.00 8,400.00
Contract #:DocuSign: AD30EBA8-D375-4AAD-8F9D-AD7BC1C60251 Invoicing Schedule for Economic Development Strategic Plan:
20% - After Completion of the Project Kickoff & Project Charter Development 20% - After Completion of the Current State Assessment
20% - After Completion of the Future State Development
20% - After Completion of the Strategic Plan Development, Action Plan Implementation & Monitoring
20% - After Completion of the Approval & Distribution
SUBTOTAL 8,400.00
TAX 0.00
TOTAL 8,400.00
BALANCE DUE $8,400.00
Estimate Summary
Estimate 128 42,000.00
Invoice 2551 16,800.00
Invoice 2477 8,400.00
This invoice 2680 $8,400.00
Total invoiced 33,600.00
1277023. 1
1 PROFESSIONAL SERVICES AGREEMENT
Jacob Green & Associates
THIS PROFESSIONAL SERVICES AGREEMENT (“ Agreement”) is made and entered into, to be effective this 16th day of November 2023 (“ Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“ City”) and Jacob Green & Associates, (“ Firm”). City and Firm 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 firm to provide technical assistance with the development of an Economic Development Strategic Plan Project”).
B. Firm has submitted to City a written proposal, dated August 10, 2023, to provide technical assistance with the development of an Economic Development Strategic Plan for the Project.
C. Firm represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and expertise, to provide the necessary services to City and has agreed to provide such services as set forth herein.
D. City desires to engage Firm 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 FIRM
1.1 Scope of Services and Standard of Performance. Firm shall provide those services set forth in the Los Alamitos Stee of the City Promo 2022 Proposal, dated August 10, 2023, attached hereto as Exhibit “ A” (“ Scope of Services” and/or “ Project Services”). Firm shall provide the Project Services in compliance with all terms and conditions of this Agreement. Firm 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. Firm represents and warrants that it is skilled in the professional discipline necessary to perform the Project Services. Firm represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
2 1.1.1 Resolution of Inconsistencies. In the event of any inconsistency between or among the terms and conditions contained in the main body of this Agreement and the Scope of Services, such inconsistency shall be resolved by applying the provisions in the highest priority of the documents containing such inconsistency, which shall be determined in the following order of declining priority: ( 1st) the main body of this Agreement; and ( 2rd) the Scope of Services.
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. Firm shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Firm performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Firm shall be solely responsible for all penalties and costs arising therefrom. Firm 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, Firm shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Firm represents and warrants to City that Firm 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 Firm to perform the Project Services. Firm 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 Firm'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, Firm warrants that Firm 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. Firm 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. Firm acknowledges that City may enter into agreements with other firms, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Firm further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
3 2. COMPENSATION
2.1 Maximum Contract Amount. Firm shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the professional charges set forth in the Scope of Services in an amount not to exceed forty-two thousand, two hundred dollars ($ 42,200). 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 Firm wishes to receive payment, Firm 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 Firm 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 forty-five (45) 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 Firm’ 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 Firm is an essential condition of this Agreement.
3.2 Schedule of Performance. Firm shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Firm, 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.
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
4 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 Firm (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 Firm, 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 Firm be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Firm'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 six months, ending on December 1st, 2024, unless extended by mutual written agreement of the Parties.
4. COORDINATION OF PROJECT SERVICES
4.1 Firm’ s Representative. The following principal of Firm is hereby designated as being the principal and representative of Firm authorized to act on its behalf with respect to Project Services and to make all decisions in connection therewith: Jacob Green. 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 Firm and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Firm 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 Firm's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Firm 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 Firm, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Firm 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. Firm shall not contract with any other entity to perform the Project Services without prior written consent of City. If Firm is DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
5 permitted by City to subcontract any part of this Agreement, Firm shall be responsible to City for the acts and omissions of its subcontractor( s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the performance of Project Services will be considered employees of Firm. City will deal directly with and will make all payments to Firm.
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 Firm, 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 Firm or any surety of Firm 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 Firm a City employee. During the performance of this Agreement, Firm and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Firm 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 Firm shall at all times be under Firm’ s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Firm or any of its officers, employees, or agents, except as set forth in this Agreement. Firm, 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 Firm’ s officers, employees, or agents or in fixing their number, compensation, or hours of service. Firm 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 Firm in its business or otherwise a joint venturer or a member of any joint enterprise with Firm.
4.4.2 Firm 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 Firm, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for professional fees paid to Firm as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Firm for the performance of any Project Services. City shall not be liable for compensation or indemnification to Firm, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Firm’ s officers, employees, representatives, agents, DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
6 or subconsultants or subcontractors, Firm 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 Firm or any officer, employee, representative, agent, subconsultant or subcontractor of Firm 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, Firm 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 Firm 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, Firm 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. Firm 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. Firm 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 Firm’ s existing insurance policies do not meet the insurance requirements set forth herein, Firm 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, Firm 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 Professional Liability/ Errors and Omissions Insurance (" PLI"). Firm shall obtain and maintain a policy of Professional Liability or Errors and Omissions Insurance appropriate to Firm’ s profession with per-claim and aggregate limits of no less than Two Million Dollars ($ 2,000,000.00). Covered professional services shall specifically include all Project Services to be performed under the Agreement and the policy shall be endorsed to delete any exclusions that may exclude coverage for claims within the minimum PLI limits set forth herein for the Project Services to be performed under this Agreement.
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
7 5.2.1.1 The PLI policy shall be endorsed to delete any Contractual Liability Exclusion. The PLI shall include contractual liability coverage applicable to this Agreement. The policy must “ pay on behalf of” the insured, and include a provision establishing the insurer’ s duty to defend the insured.
5.2.1.2 If the PLI policy is written on a “ claims- made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three ( 3) years from the date of the completion of all Project Services provided hereunder ( the PLI Coverage Period"). If any PLI policy is replaced, cancelled, non-renewed, discontinued, or otherwise terminated, or if the limits of a PLI policy are reduced or the available coverage depleted below the required minimum coverage amounts for any reason during the PLI Coverage Period, Firm shall immediately obtain replacement PLI coverage meeting the requirements of this Section
5.2.1. Such replacement coverage shall satisfy all requirements herein, and shall include coverage for the prior acts or omissions of Firm during the time period during which any Project Services were performed. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “ tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.
5.2.1.3 If the PLI policy is written on an “ occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Project Services provided for in this Agreement, whichever is later. In the event of termination of the PLI policy during this period, new coverage shall immediately be obtained, and written evidence of the policy shall be immediately provided to the City, to ensure PLI coverage during the entire course of performing the Project services.
5.2.1.4 Firm shall not perform any Project Services at any time during which required types or amounts of PLI insurance are not in effect, and the City shall have no obligation to pay Firm for Project Services performed while required PLI insurance is not in effect.
5.2.2 Commercial General Liability Insurance. Firm shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance ( CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars 1,000,000.00) per occurrence and Two Million Dollars ($ 2,000.000.00) in the general aggregate.
The policy shall not contain any endorsements or provisions limiting coverage for (1) contractual liability, ( 2) cross liability exclusion for claims or suits by one insured against another, or ( 3) contain any other exclusion contrary to the Agreement.
5.2.3 Automobile Liability Insurance. Firm 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 Firm has no owned autos, Code 8 (hired) and Code 9 (nonowned), with limits of no less than One Million Dollars ($ 1,000,000.00) for each occurrence covering bodily injury and property damage.
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
8 5.2.4 Workers’ Compensation Insurance. Firm 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. Firm 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. Firm 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, Firm shall not be required to procure either Worker’ s Compensation Insurance or Employer’ s Liability Insurance if Firm provides written verification to the City that Firm 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 Firm agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Firm 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 Firm 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 Firm, 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.
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
9 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 Firm 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. Firm hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Firm 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 Firm’ s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten ( 10) calendar days prior written notice. ( A statement that notice will be provided " in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City's sole and absolute discretion.
5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Firm shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Firm 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, Firm 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 DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
10 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 Firm may be held responsible for payments of damages to persons or property.
5.8 Enforcement of Agreement ( Non-Estoppel). Firm acknowledges and agrees that actual or alleged failure on the part of the City to inform Firm of any non- compliance 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. Firm shall either: ( 1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Firm as additional named insureds under the Firm’ s insurance policies; or (2) Firm 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. Firm 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 Firm and its subconsultants and subcontractors, if any, pursuant to this Agreement:
5.10.1 Firm 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 Firm 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.
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
11 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 Firm’ s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5.10.5 Firm 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 Firm, provide the same minimum insurance coverage required of Firm. Firm 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. Firm 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 Firm agrees to provide immediate written notice to City of any claim, demand or loss against Firm 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, Firm shall defend ( at Firm’ 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 Firm, 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 Firm 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 Firm.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Firm’ 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
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
12 7.1 Records. Firm shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Firm 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. Firm 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 Firm, 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 Firm 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. Firm may retain copies of such documents for its own use.
Firm shall have an unrestricted right to use the concepts embodied therein. Firm 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 Firm fails to secure such assignment, Firm 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 Firm, 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 Firm 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 Firm. 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 DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
13 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 Firm, 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, Firm shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Firm 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 Firm.
8.6.1 Firm’ s failure to comply with any provision of this Agreement shall constitute a default.
8.6.2 If the Contract Officer determines that Firm is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Firm in writing of such default. If such default is capable of being cured, Firm 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 Firm 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. Firm 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 Firm 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 Firm 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 Firm for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Firm shall not limit Firm’ 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 DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
14 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 Firm, 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 Firm or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Covenant Against Discrimination. Firm 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. Firm 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 Confidentiality. Information obtained by Firm in the performance of this Agreement shall be treated as strictly confidential and shall not be used by Firm for any purpose other than the performance of this Agreement without the written consent of the Contract Officer.
10.2 Patent and Copyright Infringement.
10.2.1 To the fullest extent permitted by law, and in lieu of any other warranty by City or Firm against patent or copyright infringement, statutory or otherwise, it is agreed that Firm shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Firm shall pay all costs and damages finally awarded in any such suit or claim, provided that Firm is promptly notified in writing of the suit or claim and given authority, information and assistance at Firm’ s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Firm. However, Firm DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
15 will not indemnify City if the suit or claim results from City's alteration of a deliverable where such alteration created the infringement upon any presently existing U.S. letters patent or copyright.
10.2.2 Firm shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Firm shall not be obligated to indemnify City under any settlement made without Firm’ s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Firm’ s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Firm, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.3 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 – Jacob Green.
To City: Ron Noda, Deputy City Manager/ Development Services Director
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA 90720
rnoda@cityoflosalamitos. org
With copy to:
Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
mdaudt@wss- law.com
To Firm: Jacob Green
Jacob Green & Associates
13217 Jamboree Road # 248
Tustin, CA 92782
jacob@jacobgreenandassociates. com
10.4 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 DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 1277023. 1
16 modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
10.5 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.
10.6 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.7 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.
10.8 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.
10.9 Prevailing Wages. Firm 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”). Firm 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, Firm shall bear all risks of payment or non-payment of prevailing wages under California law, and Firm 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.
10.0 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]
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17 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:_______________________________
Chet Simmons
City Manager
APPROVED AS TO FORM.
Woodruff, Spradlin & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:
By:_______________________________
Windmera Quintanar, MMC
City Clerk
Firm”
Jacob Green & Associates
By:_______________________________
Jacob Green
President & CEO
jacob@jacobgreenandassociates. com
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 11/ 21/ 2023
11/ 21/ 2023
11/ 27/ 2023
11/ 27/ 2023
1277023. 1
EXHIBIT “ A”
FIRM’ S PROPOSAL/ SCOPE OF SERVICES
DATED: August 10, 2023
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 Proposal Prepared For
MAY2023
13217 Jamboree Road # 248Tustin, CA 92782888. 4.JGA.1ST JacobGreenAndAssociates.com
PROPOSAL FOR
ECONOMIC
DEVELOPMENT
SERVICES
Version 2
August 10, 2023
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251
LETTER FROM CEO JACOB GREEN
TABLE OF
CONTENTS
SCOPE OF SERVICES
PROPOSAL COST
SERVICE DELIVERY TEAM
Section
C
Section
B
Section
A
Cover
Letter
Pages2-5
Pages6-10 12CITYPages11-
OFLOS ALAMITOSDocuSign Envelope ID: AD30EBA8- D375-4AAD-8F9D- PAGE 1
May 30, 2023Ron ServicesCity Noda, Director Development of Los Alamitos3191 Katella Ave, Los Alamitos, CA 90720Dear Mr. Noda, Thank you very much for your interest in having Jacob Green & Associates ( JGA) perform Economic Development Services for the City of LosAlamitos. You have requested that JGA provide you with a proposal for the following services:
Service #1: Economic Development Strategic Plan Service #2: Economic Development Technical SupportOur Economic Development professionals on the JGA team will provide you the support you are seeking to ensure alignment with the City Council’s vision and maximize the City’s commitment to economic development excellence. We look forward to working with you. Sincerely, Jacob Green President & CEO
1.888.4.JGA.1ST | INFO@JACOBGREENANDASSOCIATES. COM
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251
SCOPE OF SERVICES
SECTION A
PAGE 2
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 The strategic planning process will involve five steps. 1.Development2. Project Kickoff & Project Charter Current State Assessment3. Future State Development4. Strategic Plan Development, Action Plan Implementation & Monitoring Procedures5. Approval & Distribution
ECONOMIC DEVELOPMENT SERVICES
Service #1: Economic Development Strategic Plan
PAGE 3
STEP 1: Project Kickoff & Project Charter DevelopmentDuring the Economic Development Strategic Plan development process, JGA will work with the City Manager and the Development Services Department to solidify the project committee members, strategic planning components, desired outcomes and associated deadlines. A project charter will be created to confirm mutual expectations and project road-map approval.
STEP 2: Current State AssessmentJGA will collaborate with the Development Services Department Team to explore the current context of the City’s economic development initiatives. This phase will include external and internal review with key stakeholders to include the business community and department personnel. The process will include a SWOT assessment ( Strengths, Weaknesses, Opportunities, Threats) for an accurate snapshot of current initiatives.
STEP 3: Future State Development JGA will work with all stakeholders to develop the fundamental elements of a cohesive and actionable Economic Development Strategic Plan. JGA will facilitate a Community Engagement Workshop and invite participation from all segments of the business community. Activities facilitated by JGA during this workshop will be consolidated into the final Economic Development Strategic Plan product. Facilitated activities will include identifying strategic priorities, objectives, strategies, and metrics. Activities will include all-hands discussions and break-out sessions for process efficiency and effectiveness.
PAGE 3
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 STEP 4: Strategic Plan Development, Action Plan
Implementation & Monitoring ProceduresJGA will assist the organization to develop a set of priorities as well as an action plan focusing on achieving the identified priorities during the five-year lifespan of the Economic Development Strategic Plan. The action plan may include priorities, goals and objectives, strategies and actions, indications, key players/ representatives responsible, target dates and KPI’s.
STEP 5: Approval & DistributionA final Economic Development Strategic Plan will be assembled by JGA and routed to the Development Services Department for review and ultimate approval. JGA will work with Development Services Department staff to coordinate the presentation to and consideration of the Economic Development Strategic Plan by the City Council.
PAGE 4
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 JGA will be available to assist Development Services Department staff, on a monthly fixed-fee basis, with select economic development project and program initiatives, as determined by Development Services Department staff. Further, the JGA team is available to assist with development project facilitation, including preparation of business terms for project agreements, negotiations with City development partners, and other development/ economic development facilitation and technical guidance, as needed.
Service #2: Economic Development Technical
Services Support (Monthly Services)
PAGE 5
Steps Time For Completion
Step 1 - Project Kickoff & Project Charter Development 1 month Step 2 - CurrentStateAssessment 1 month
Step 3 - Future State Development 2 months
Step 4 - Strategic Plan Development, Action Plan Implementation & Monitoring Procedures 1 month Step 5 - Approval & Distribution 1 month
Total 6 months
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 PAGE 6
YOUR TEAM
SECTION B
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 JGA’s Team Video Link: Jacob Green andAssociates - JGA - YourFirst Call JACOB GREEN, MPAPrincipal- in- ChargeJacob is a nationally recognized local government expert in organization and leadership development. As an Assistant City Manager for the City of San Juan Capistrano and the City of Ontario, he has managed hundreds of employees and managed numerous government departments. As a trainer, keynote speaker, facilitator and coach, Jacob has worked with municipal clients, as well as commercial clients such as Mattel, FedEx, Hyundai Capital, ADP and many others. In 2019, Jacob distilled his personal and professional experiences into an Amazon Best-Selling book: “ See Change Clearly: Leveraging Adversity to Sharpen Your Vision and Build Resilient Teams.” Jacob has received numerous awards for his leadership, including the National Caring Award, the Orange County Human Relations Award, Most Inspiring Student at UC Irvine, and is the youngest recipient of the Gene Lentzner Humanitarian Award. Jacob has his Bachelor of Arts in Social Sciences with a Minor in Management from the University of California, Irvine, his Master of Public Administration ( MPA) degree from California State University, Long Beach, and was recently awarded an honorary doctorate degree from Western University School of Health Sciences.
JOHN ANDREWSSenior Advisor // Economic DevelopmentJohn Andrews spent more than 37 years serving in various capacities with four different Southern California municipal agencies. From January 2009 to September 2020, he served as Director of Economic Development & Redevelopment for the City of Ontario, responsible for the oversight and implementation of Ontario’s Economic Development, Business Retention and Attraction, and Communications/ Marketing programs. John spent most of his local government career with the Community Development Commission of the City of Pasadena. He also served as Director of Economic Development/ Redevelopment for the City of Azusa, and Downtown Development Manager for the City of Riverside. John has represented two local agencies on Business Improvement District boards and participated in the development and implementation of comprehensive downtown revitalization strategies. He served as a member of the San Bernardino County Workforce Development Board and currently serves as an economic development advisor to the City ofOntario. John holds aBachelor of Science Degree in Urban and Regional Planning from California State Polytechnic University, Pomona, and has completed graduate studies in Public Administration at California State University, Northridge.
PAGE 7
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 PAGE 8
NICOLE BEACHSenior FacilitatorNicole Beach is a Project Management and Strategic Portfolio leader who helps organizations realize value by tying strategy to execution. Her greatest strengths lie in supporting teams to achieve measurable and lasting outcomes through effective project delivery. Over the last 15 years, Nicole has led complex technology, organizational, and strategic projects including M&A integrations, ERP implementations, and process improvement initiatives. Most recently, Nicole oversaw Project Management Offices and Strategic Portfolio Management for Safebuilt, Citrix, and Sport Clips. Nicole is PMP and SAFe certified, a Lean Six Sigma Green Belt, and holds an MBA (Process Improvement Concentration) from NovaSoutheastern University.
GREG DEVEREAUX, JDSenior Advisor // Economic DevelopmentGreg Devereaux served in state and local government for 40 years, holding a variety of leadership positions including City Manager of both Fontana and Ontario, where he worked with the city councils to improve each city’s finances, as well as Chief Executive Officer of San Bernardino County where he helped the Board of Supervisors lead the County in a new direction which emphasized fiscal responsibility and working as a team. He worked with the Board and the San Bernardino Associated Governments in a community-driven effort to develop a Countywide Vision. Greg is a Past President of the California Redevelopment Association and has served on numerous committees at both the League of California Cities and the California State Association of Counties. In 2009, he was appointed by the California Air Resources Board to the Regional Targets Advisory Committee on greenhouse gas reduction under SB 375.
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CAPRICE ROBINSONProject Specialist
Caprice Robinson is an accomplished Professional who has served over 20 years in the United States Air Force. She has experience in organizational leadership, training and development, program management, and operations management. Caprice is a multi- faceted leader who has held various strategic and operational roles within Air Force Healthcare facilities and Air Force Basic Military Training with emphasis on organizational and employee development and regulatory compliance. One of Caprice’s most notable projects was designing an action plan for the Air Force’s Basic Military Training command to allow the accession pipeline to remain open during a world-wide pandemic. Her efforts ensured the Air Force was able to continue to train new recruits safely and was highlighted as a best practice in preventing the spread of the Coronavirus by the Center of Disease Control. Caprice holds a Bachelor of Science degree in Healthcare Management and certifications in Human Resources and Diversity, Equity and Inclusion.
MEGHAN MURRAYProject Specialist
Meghan Murray has over 20 years of experience in the United States Air Force with a background in Operations Management, Program Management, Personnel Management, Executive Communication, and Continuous Process Improvement. Meghan holds a Secret clearance and has directed multiple programs valued at $1B while managing risk, safety, and compliance. Additionally, Meghan holds a Masters of Science degree with a specialty in Human Resource Management bringing to the team an extensive knowledge in team leadership, strategic planning, and data driven decision making. One of Meghan’s most notable projects was being a strategic team lead of the Organization of the Future that led to the building of the latest branch of the military, the United States Space Force. Using her extensive knowledge in team management, the team successfully transitioned over 300 subject matter experts to be the face of theSpace Force.
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NICOLI HILSCHERSenior Project ManagerNicoli Hilscher has over 21 years of experience in Federal and Local Government. She retired from the United States Air Force in the top two percent of the active enlisted force, as a Senior Master Sergeant. Nicoli has an extensive background in Leadership Development, Training, Facilitation, Project Management, and Instructional Development. She has held positions internationally in various levels of leadership providing long-term organizational growth in diverse, fast- paced environments. Nicoli is a cross-functional leader overseeing operations, professional development, and recognition programs for organizations ranging from 20 to 300 personnel. She oversees JGA's Project Management Office, ensuring high quality service delivery to all JGA clients.
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PROPOSAL COST
SECTION C
DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 PAGE 12
JacobGreenAndAssociates.com
The prices, specifications and conditions covered within this proposal are satisfactory and hereby accepted. JGA is authorized to do the work as specified. Signature: _________________________________________ Name/ Title: _______________________________________ Date: _______________________________________________ Description Cost
Service # 1: Economic Development Strategic Plan $ 42,200 Service # 2: Economic Development Technical Support
Monthly Fixed-Fee) $ 4,500/ month
Travel Included
Materials Printed materials invoiced at cost.
Invoicing Schedule forEconomic Development Strategic Plan: 20% - Development20% - After Completion of theProject Kickoff & Project Charter Assessment20% - After Completion of the Current State Development20% - After Completion of the Future State After Completion of the Strategic Plan Development, Action Plan Implementation & Monitoring 20% - After Completion of theApproval & Distribution DocuSign Envelope ID: AD30EBA8- D375-4AAD- 8F9D-AD7BC1C60251 City of Los Alamitos
INTEROFFICE MEMORANDUM
TO: Chet Simmons, City Manager
FROM: Ron Noda, Deputy City Manager/Development Services Director DATE: February 21, 2024
SUBJECT: Confidential Memorandum from Development Services Community Center Roof Project – Our contracted vendor, the KYA Group, began the roofing project this past Monday. The Community Center I continues to remain closed to the public, but the Recreation and Community Services Department is onsite and available by phone. Below is the project’s estimated timeline.
Date Tasks
January 29 to February 9 Mobilization & Procurement
February 12 Start of project – Phase 1
March 12 Start of Phase 2
April 16 Start of Phase 3
May 24 Start of Phase 4
June 7 De-mobilization and punch walk
There have been some issues detected and a change order to remediate these issues has been made.
Mold has been detected in several areas in the large Activity Room. The KYA Group removed flashing located on the roof and identified dry rot.
Economic Development Strategic Plan -- The City has hired a consulting firm, Jacob Green and Associates, to assist with the implementation of an economic development strategic plan. This 5-year Strategic Plan project will serve as a roadmap, outlining the steps and strategies necessary to achieve the community and department's identified goals, as well as facilitate continuous growth and improvement. As part of the community engagement efforts, Jacob Green and Associates will be seeking input from key city stakeholders to help shape the future of economic development projects throughout the City. This will involve members of the City Council, small and large businesses, residents, community leaders, and others to participate in an online survey that will gather insights, feedback, and suggestions related to the strategic plan. The survey will launch on Monday, February 26, and be available for two weeks.
In addition, members of Jacob Green and Associates will be conducting individual interviews with the City Council and other primary stakeholders to perform a SWOT analysis and determine more specific goals and objectives. City Council will receive direct communication from Staff and Jacob Green and Associates on the interview dates, which are projected to start the week of March 4 at the City Hall Campus. Each interview time will consist of 45-minute blocks. This study will all culminate with two community workshops, which will take place during the Good Morning, Los Alamitos program on Tuesday, March 26, and the Spring Carnival event on Saturday, March 30.
Los Angeles County Sanitation Districts (Districts) – The Districts will be repairing a 50-year-old, 7,300 feet of sewer in the City of Long Beach and the El Dorado Lakes Community. Construction will be split into two phases. Phase 1 will take place this spring 2024 and will involve the southern portion of the El Dorado Lakes Community. Phase 2 construction will begin this summer 2024 and involve the locations shown on the map in blue. Traffic along Spring Street/Cerritos Avenue will be severely impacted during the Phase 2 construction. Additional information will come at a later time, including the work schedule. Outreach will be provided to Los Alamitos
residents.
Southern California Edison (SCE) – SCE will be doing night work on Friday, March 1st between the hours of 11:00 p.m. to 5:00 a.m. to replace insulators on street poles in the vicinity of Cerritos Avenue and Bloomfield Street. The map below illustrates the location.
New Businesses – The City welcomes the following new businesses.
APPLICANT PROPOSED
LOCATION TYPE OF BUSINESS PROPOSED BUSINESS NAME STATUS Jeff Forsythe
10900 Los Alamitos
Boulevard
Unit 206
Private Investigation Elite Investigations Issued
Address Change –The following businesses recently had a change to their address.
APPLICANT NEW ADDRESS TYPE OF BUSINESS BUSINESS NAME STATUS Irma Pritchard 5044 Katella Avenue Physical fitness and techniques 4 Shades of Fit Issued
February Planning Commission Meeting – The Planning Commission will meet at 7:00 p.m. on Wednesday, February 28th. The Commissioners will deliberate on a proposed medical office building project. Over a year ago, this industrial building at 10852 Kyle Street was destroyed in a fire. The Applicant, Hannibal Petrossi, has applied for the construction of a new 22,058-square-foot medical office building (MOB) at this site.
Additionally, Staff will provide results from the Neighborhood Permit Parking and Street Sweeping survey that was made available online for community input. This will serve as the last of four workshops to gather feedback and help answer any questions.
Building Permit Issuances and Inspections – The Building & Safety Division issued 2 permits and conducted 26 inspections.
TYPE ADDRESS UNIT CONTRACTOR
Reroof 10301 Humbolt Street Residential Bonded Roofing
Tenant
Improvement 3273 Katella Avenue Commercial Commercial Build Notable Building & Safety Projects
10911 Oak Street Tenant Improvement for the Community Center – All permits have been obtained by KYA, the primary contractor. The scope of work will include removing and disposing of existing roof tiles and the repair of all flat roof sections. The Interior remodel of the community kitchen, and replacement of existing lighting fixtures will also be part of this project.
4562 Katella Avenue New Medical Office – On February 14th, City Staff received a complaint regarding a return wall between 4582 & 4562 Katella Avenue. The issue that was communicated consisted of a return wall that caused damage to the detached garage structure with office space during the recent rains. Furthermore, the recent rain caused blockage and did not allow rain to properly discharge away from the structure. Building & Safety contacted the contractor for the new medical office building, and he reached out to the property owner so that they could resolve the situation as a civil dispute. The Building & Safety Division will follow up within a week.
Code Enforcement special incidents and projects for the week – • Continued canvassing of inoperable vehicles citywide by Code Enforcement Officer O. Duarte. Outreach will be taking place in the coming weeks to inform vehicle owners of storage requirements for inoperable vehicles. • Code Enforcement will be assisting with inclement weather-related issues. • Code Enforcement continues to identify businesses and homeowners in violation of property maintenance involving overgrown vegetation.
City of Los Alamitos
INTEROFFICE MEMORANDUM
TO: Chet Simmons, City Manager
FROM: Ron Noda, Deputy City Manager/Development Services Director DATE: February 28, 2024
SUBJECT: Confidential Memorandum from Development Services Shaping Tomorrow Together – Economic Development Strategic Plan – We are partnering with Jacob Green & Associates (JGA) to conduct an Economic Development Strategic Plan to solicit valuable input from residents, employers, local businesses, and community organizations. The Economic Development Strategic Plan will seek to identify Los Alamitos’s economic vision, mission, and goals while providing City Council and Staff with an actionable framework to guide economic development planning and building economic vitality. Through a series of surveys and workshops, the community will have an opportunity to be involved in the discussion. Community, businesses, and key stakeholder consultations will occur between February 2024 and March 2024.
Revive Los Alamitos – Applications are now being accepted for the Revive Los Alamitos Commercial Façade Improvement Grant Program! Los Alamitos-based businesses will be invited to consider this grant opportunity as a way to invest in their property and make aesthetic or structural improvements that they may qualify for. For more information or an application, please visit the City website at cityoflosalamitos.org/development or contact the Development Services Department at (562) 431-3538. Approved Applications are funded on a first-come-first-served basis until funds are exhausted.
Good Morning, Los Alamitos! – You’re Invited! The upcoming event will be held at the Los Alamitos Community Center II on Tuesday, March 26 from 9:00 a.m. to 10:30 a.m.
Topics will include feedback from the attendees on the Economic Strategic Plan and the Active Transportation Plan (ATP). Please RSVP to the City Clerk.
CDBG – The City’s 2024/2025 Community Development Block Grant (CDBG) project has won funding from the County Housing and Community Development Department. As you may recall, this year’s project involved street repairs for Maple Street from Green Avenue to Farquhar Avenue, Howard Avenue from Los Alamitos Boulevard to Reagan Street, and Howard Avenue from Bloomfield Street to Noel Street.
February Planning Commission – The February 28th Planning Commission meeting will begin on Wednesday at 7:00 p.m. in the City Council Chamber. In this month’s meeting, Commissioners will decide whether to allow the construction of a 22,058 square foot medical office building, with a 48,759 square foot two-level parking garage below the offices, at 10852 Kyle Street in the Medical Overlay of the Planned Light Industrial Zone.
Additionally, City Staff will conduct its final workshop concerning the recent Neighborhood Permit Parking and Street Sweeping Survey results and receive final input from the community.
Precision Concrete Cutting (PCC) – PCC will start repairing trip hazards above ¼” to 2 ½” on sidewalks starting Thursday, February 22, 2024. The work should take 4-5 weeks depending on the weather. PCC identified a total of 2,290 sidewalk hazards citywide and recommended concrete shaving to remove tripping hazards. The City was divided into 5 zones (ATTACHMENT X). PCC will proceed with the work on the following order of zones: Zone 2, Zone 5, Zone 4, Zone 3, and Zone 1.
Building Permit Issuances and Inspections – The Building & Safety Division issued 2 permits and conducted 9 inspections.
TYPE ADDRESS UNIT CONTRACTOR
Addition 4582 Howard Avenue Residential Residential Build Demolition 10921 Oak Street Commercial Unlimited Environmental Electrical
Panel Upgrade 3752 Green Avenue Residential Leone Electric Inc.
Pool Remodel 11971 Reagan Street Residential Macbet Pools Inc.
Reroof 3897 Farquhar Avenue Residential Benitez Roofing Water Heater 3691 Howard Avenue Residential Fast Water Heater Company Windows 11131 Saratoga Drive Residential Residential Build Neighborhood Cleanup Day - In partnership with your solid waste services provider Universal Waste Systems (UWS), we will be hosting this event to provide the opportunity for residents to dispose of bulky items, certain electronic equipment/waste, yard waste, and free paper shredding. This event will be held on Saturday, April 27, 2024, from 8:00 a.m. – 12:00 p.m. at Pine Street between Florista Street and Katella Avenue. More information is to come in the weeks ahead.
SB 1383 Local Assistance Grant Program – CalRecycle has awarded us the SB 1383 Local Assistance Grant Program in the amount of $75,000. The money received will assist with outreach, the cost of our waste consultant (City Green Consulting), and software that will assist us in reporting our data to CalRecycle.
Code Enforcement special incidents and projects for the week – • Code Enforcement continues to identify businesses and homeowners in violation of property maintenance involving overgrown vegetation. • Code Enforcement is increasing its enforcement of noise complaints associated with construction activity city-wide.
Los Alamitos Museum – A contracted vendor was brought out to the Museum this past week to paint baseboards and doors.
Work Orders – Residents and internal staff can submit work orders to resolve any maintenance issues they encounter. The Public Works Division completed the following work orders:
• Building Maintenance:
o New ceiling lights were added to the City Hall I Office. o City Yard was swept clean from trash and debris.
o Digital clock was moved to a new location in City Hall II lobby. • Park Maintenance
o Prop 65 playground play structure stickers were added to play equipment at Roberts Park.
o Temporary park rehab fencing and park signage for Laurel Park and Little Cottonwood Park have been removed.
o Laurel Park Tennis Courts were blown and swept of leaves and debris. o Wood chips were raked and leveled at all park locations. o New trash liners and doggy bags were replaced at multiple park locations. • Street Maintenance
o Two fallen Palm Fronds were picked up at Cherry Street & Thor Street o Multiple catch basin locations were cleared of trash and debris. o “Caution Flooding” signs were placed at the following locations:
▪ Walnut Street and Catalina Street
▪ Maple Street and Green Avenue
o Potholes were filled and repaired at multiple locations:
▪ Catalina Street and Walnut Street
▪ Oak Street and Sausalito Street
▪ PD Parking Lot
▪ Farquhar Avenue and Maple Street
▪ Green Avenue and Los Alamitos Boulevard
▪ Oak Street and Catalina Street
▪ 9932 Kaylor Street
▪ 3871 Kinmount Street
▪ Green Avenue and Los Alamitos Boulevard.
▪ Maple Street and Green Avenue
▪ Bloomfield Street Green Avenue
▪ Farquhar Avenue and Noel Street
o New big belly liners and trash liners were replaced at a variety of city street locations.
▪ An additional caution flooding sign was placed at the Los Alamitos Boulevard and Cerritos Avenue Intersection.
▪ Miscellaneous
o New office chairs were assembled for the Finance Department. o City Hall I file cabinets were moved and stored at the Warehouse.
Wide Load & Encroachment Permits – The Engineering Division received four wide load permits and two encroachment permits.
• Wide Load Permits received from :
o #2624 – The Boeing Co. – El Segundo, CA
o #2625 – Hydraulic Cranes – Santa Fe Springs, CA
o #2626 – The Boeing Co. – El Segundo, CA
o #2627 – The Boeing Co. – El Segundo, CA
• Encroachment Permits received from :
o #24-2410 – SCE – rear of 11841 Paseo Bonita
o #24-2411 – Hardy & Harper, Inc. – Bloomfield Street between Katella Avenue and Florista Street
Social Media Posts – The following was posted this week across social media platforms. • Starting this Spring, LA County Sanitation District will be performing repairs along 7,300 feet of sewer within the City of Long Beach and areas of Los Alamitos, mostly along the Coyote Creek Drainage Channel Easement. It will be expected to run through the summer of 2024 during Phase II where traffic will be much more impacted. More information to follow.
• Starting today, Canning Hunger, a non-profit hunger relief organization, is conducting the painting of curb addresses throughout Los Alamitos. This service will be performed at no cost to residents; however, a voluntary donation of $30 will be accepted to help feed families in need. The service will begin Monday, February 26th (weather permitting) throughout various sections of the City. • The City of Los Alamitos will conduct its final workshop for the Residential Permit Parking and Street Sweeping Survey Results during the scheduled Planning Commission Meeting on February 28th at 7:00 p.m. in the Council Chambers.
Work Orders – Residents and internal staff can submit work orders to resolve any maintenance issues they encounter. The Public Works Division completed the following work orders:
• Building Maintenance:
o City Hall 1 Development Services Manager Office was repainted. o Police Department’s kitchen sink leak was repaired.
o City Hall II west door was sanded and repainted.
o City Hall II tree branches were cut back and removed. o Fenley Pump maintenance check was completed for proper operation. o City Hall II front door entrance water leak was repaired, sealed, and coated with silicone.
• Park Maintenance
o Little Cottonwood Park bench graffiti was removed from two park benches. o Temporary park rehab fencing was reposted and straightened. o Graffiti was removed from the Stansbury Park sign.
o Tennis courts at Laurel Park were blown and swept of leaves and debris. o Wood chips were raked and leveled at the following locations:
▪ Labourdette Park
▪ Soroptimist Park
▪ Stanbury Park
▪ Sterns Park
▪ Roberts Park
o New trash liners and doggy bags were replaced in multiple park locations. • Street Maintenance
o Graffiti on a Stop sign on Reagan Street was removed. o Wood shims placed in the cage and sprayed with lubricant for easy opening in the catch basins.
o Multiple catch basins were cleared of trash and debris. o Public Works crew placed “Caution Flooding” signs at multiple locations:
▪ Walnut Street and Catalina Street
▪ Maple Street and Green Avenue
▪ Paseo Bonita and Kempton Drive
▪ Fenley Drive by Fenley Pump Station
▪ Howard Avenue and Enterprise Drive
▪ 11210 Reagan Street
o Potholes were filled and repaired at multiple locations:
▪ Farquhar Avenue
▪ Orangewood Avenue and Los Alamitos Boulevard
▪ Farquhar Avenue by Military Base entrance
▪ Howard Avenue and Reagan Street
▪ Reagan Street and Green Avenue
▪ Katella Avenue and Reagan Street
▪ Farquhar Avenue and Maple Street
o New big belly liners and trash liners were replaced at a variety of city street locations.
o Additional caution flooding signs were placed at the following locations:
• Bloomfield Street and Cerritos Avenue.
• Green Avenue
• Farquhar Avenue and Green Avenue
• Kempton Drive and Paseo Bonita
• Reagan Street and Kempton Drive
• Howard Avenue and Mindoro Street
• Calle Lee And Corporate Center Drive
• Fenley Drive by Fenley Pump Station.
• Miscellaneous
o New outdoor lighting was installed in the Civic Center and Community Center parking lots.
o Two new F150 trucks were delivered and added to PD’s fleet inventory. o New privacy screens were added to the warehouse gates.
Wide Load & Encroachment Permits – The Engineering Division received two wide load permits and one encroachment permit.
• Wide Load Permits received from:
o #2622 – William Scotsman, Inc – All Approved Routes and Adjacent Streets o #2623 – William Scotsman, Inc – All Approved Routes and Adjacent Streets • Encroachment Permits received from:
o #24-2409 – Gourmet Pie – 5350 Katella Avenue
Social Media Posts – The following was posted this week across social media platforms. • To all the Engineers: We celebrate your great innovations & and appreciate how you make the world a better place!
• Happy Presidents Day! City Hall will be closed today, Monday, February 19, 2024, in observance of the holiday. Police services will remain available. Regular office hours will resume tomorrow, Tuesday, February 20, 2024. • The Los Alamitos Planning Commission Meeting will meet in person on Wednesday, February 28, 2024, at 7:00 p.m. in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720.
• Starting Spring of 2024, LA County San District will be doing various sewage repairs along 7,300 feet of sewer within the City of Long Beach and Los Alamitos.
The existing sewer pipe is over 50 years old and has deteriorated over time due to normal wear and age. This project will be split into two phases. Phase 1 will occur near the southern portion of the El Dorado Lakes Community parking lot. Phase 2 will occur along Coyote Creek, from Cerritos Avenue to Katella Avenue.
Date Invoice Number
August 21, 2024 132118
Payment Terms Due Date
Upon Receipt August 21, 2024
1 of3
Bill To:
Windmera Quintanar
Los Alamitos, City of
3191 Katella Ave.
Los Alamitos, CA 90720
United States of America
Company Address:
1735 Market Street
42nd Floor
Philadelphia, PA 19103
+1 (215) 5676100
Federal Tax ID: 81-1642787
Remittance Options:
Via ACH (preferred):
PFM Financial Advisors LLC
Bank Name: M&T Bank
ACH# (ACH): 031302955
Account #: 9865883681
Via Wire:
Bank Name: M&T Bank
ABA# (Wire): 022000046
Account #: 9865883681
Via Mail:
PFM Financial Advisors LLC
P.O. Box 65117
Baltimore, MD 21264-5117
United States of America
RE: 2023 - 2024 General Financial Advisory Services
Name Title Rate Hours Amount
Faisal Alif Senior Analyst $300.00 6.00 $1,800.00
Jaime Trejo Senior Managing Consultant $300.00 19.50 $5,850.00 James Carbone Senior Managing Consultant $300.00 5.50 $1,650.00 Total Professional Fees $9,300.00
Total Amount Due $9,300.00
Date Invoice Number
August 21, 2024 132118
Payment Terms Due Date
Upon Receipt August 21, 2024
2 of3
Timesheet Detail - by Project
Project Name Employee Name Role Code Date Hours Amount Notes Los Alamitos, City of/2024 General
FA Services
Faisal Alif Senior Analyst 10/20/23 4.00 $1,200.00 Internal discussion regarding pension
analysis + pension
analysis
Faisal Alif Senior Analyst 10/24/23 2.00 $600.00 Presentation materials
Faisal Alif 6.00 $1,800.00
Los Alamitos, City of/2024 General
FA Services
Jaime Trejo Senior Managing
Consultant
08/09/23 1.00 $300.00 Call with City/Prep
Jaime Trejo Senior Managing
Consultant
08/21/23 3.00 $900.00
Jaime Trejo Senior Managing
Consultant
08/22/23 5.00 $1,500.00 pension analysis
Jaime Trejo Senior Managing
Consultant
08/28/23 2.00 $600.00 presentation
Jaime Trejo Senior Managing
Consultant
08/30/23 1.00 $300.00 call and presentation
prep
Jaime Trejo Senior Managing
Consultant
09/18/23 1.00 $300.00
Jaime Trejo Senior Managing
Consultant
09/21/23 .50 $150.00
Jaime Trejo Senior Managing
Consultant
09/29/23 1.00 $300.00
Jaime Trejo Senior Managing
Consultant
10/12/23 1.00 $300.00 Pension trust analysis
Jaime Trejo Senior Managing
Consultant
10/20/23 2.00 $600.00 Analysis
Jaime Trejo Senior Managing
Consultant
10/23/23 1.00 $300.00 Slide Deck Prep
Jaime Trejo Senior Managing
Consultant
10/24/23 1.00 $300.00 Call/presentation prep
Jaime Trejo 19.50 $5,850.00
Los Alamitos, City of/2024 General
FA Services
James Carbone Senior Managing
Consultant
08/09/23 1.00 $300.00 Los Alamitos
Pension Analysis
Touch Base Call
James Carbone Senior Managing
Consultant
08/28/23 1.00 $300.00 Review/edit draft
presentation
James Carbone Senior Managing
Consultant
08/30/23 1.00 $300.00 Review of updated
presentation
Conference call with
Craig Koehler
James Carbone Senior Managing
Consultant
09/18/23 .50 $150.00 City of Los Alamitos
Pension Program
Analysis call
James Carbone Senior Managing
Consultant
09/21/23 .50 $150.00 City of Los Alamitos,
Pension Program
Analysis call
James Carbone Senior Managing
Consultant
10/20/23 1.00 $300.00 Los Alamitos
Pension Analysis –
Conf. Call w/ J.Trejo
& F.Alif
Date Invoice Number
August 21, 2024 132118
Payment Terms Due Date
Upon Receipt August 21, 2024
3 of3
Timesheet Detail - by Project
Project Name Employee Name Role Code Date Hours Amount Notes James Carbone Senior Managing
Consultant
10/24/23 .50 $150.00 Los Alamitos
Pension Trust –
Discuss presentation
with client
James Carbone 5.50 $1,650.00
Total: 31.00 $9,300.00
Albert Group reserves the right to terminate or suspend services if client defaults on payment in accordance with terms of payment in the OwnerArchitect Agreement. When an invoice is greater than 45 days past due, Albert Group shall suspend services after 7(days) notice. A restart fee may be assessed to restart work following a suspension of services.
Albert Group Architects
+1 3108208863
[email protected]
www.albertgroup.la
INVOICE
BILL TO
Mr. Ron Noda
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA 90720
INVOICE # 2309-08
DATE 11/08/2024
DUE DATE 11/23/2024
TERMS Net 15
DATE ACTIVITY QTY RATE AMOUNT
00-Architecture Services:00-Architecture
Services
AM03 07/8/24 New Offices
1 5,681.00 5,681.00
Employer Identification #: 46-0578746
To pay by WIRE TRANSFER, the following information is provided:
Fedwire ABA: 122243761
Bank Name: 1st Century Bank
Bank Address: 1875 Century Park East Suite 1400, Los Angeles, CA 90067
Beneficiary Account #: 2100111414
Beneficiary Account name: Architag LLP
PLEASE NOTE:
-Payment is due in full by the due date.
-Interest may accrue on outstanding amounts beginning 30 days after the invoice date.
-Questions or clarifications should be emailed to the project manager promptly after receipt of invoice. Balance inquiries may be directed to [email protected]
-No governmental submittals to be made where invoices are past-due.
-Expense receipts available upon request.
BALANCE DUE $5,681.00
Invoice
BILL TO:
Mr. Ron Noda
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA 90720
PROJECT: LOS ALAMITOS CITY HALL. LOS ALAMITOS CA
OCTOBER 2024 SERVICES: ADVANCEMENT OF DRAWINGS FOR NEW OFFICES FROM EXISTING COUNCIL CHAMBER CONVERSION INVOICE NUMBER INVOICE DATE PAYMENT DUE PROJECT # INVOICE TOTAL 2309-08 Nov 08, 2024 Nov 23, 2024 2309 $5,681.00
FEES PAST ***CURRENT*** FUTURE
AMOUNT
% BILLED AMOUNT
BILLED
PROGRESS
BILL
REMAINDER
TO BILL
% BILLED
AM01 12/18/23: AS BUILTS 6.52% $6,412.50 100.00% $6,412.50 0.00% $0.00 $0.00 BASE BUILT 4.79% $4,712.50 100.00% $4,712.50 0.00% $0.00 $0.00 ALBERT GROUP 1.73% $1,700.00 100.00% $1,700.00 0.00% $0.00 $0.00 2310-LOCKER RMS 14.23% $14,000.00 69.29% $9,700.00 0.00% $0.00 $4,300.00 SD 5.08% $5,000.00 100.00% $5,000.00 0.00% $0.00 $0.00
CDS 9.15% $9,000.00 52.22% $4,700.00 0.00% $0.00 $4,300.00 2311-COUNCIL CHAMBER 24.39% $24,000.00 83.33% $20,000.00 0.00% $0.00 $4,000.00 SD 8.13% $8,000.00 100.00% $8,000.00 0.00% $0.00 $0.00
CDS 16.26% $16,000.00 75.00% $12,000.00 0.00% $0.00 $4,000.00 2312-SHEDS 10.16% $10,000.00 87.50% $8,750.00 0.00% $0.00 $1,250.00 SD 5.08% $5,000.00 100.00% $5,000.00 0.00% $0.00 $0.00
CDS 5.08% $5,000.00 75.00% $3,750.00 0.00% $0.00 $1,250.00 AM02 2/15/24 NEW BLDG LINK 16.26% $16,000.00 90.00% $14,400.00 0.00% $0.00 $1,600.00 AM03 7-8-24 NEW OFFICES 28.45% $28,000.00 50.00% $14,000.00 70.29% $5,681.00 $8,319.00 100.00% $98,412.50 74.44% $73,262.50 5.77% $5,681.00 $19,469.00 Current Invoice Total: $5,681.00
ALBERT GROUP DOES NOT ACCEPT CHECKS; PAY BY ACH OR WIRE. Expense receipts available upon request. Services on projects with invoices past-due > 30 days may be suspended. No Agency submittals for approvals to be made with invoices outstanding.
1789282. 1
1 PROFESSIONAL SERVICES AGREEMENT
Albert Group Architects
THIS PROFESSIONAL SERVICES AGREEMENT (“ Agreement”) is made and entered into, to be effective this October 30th day of September 2023 (“ Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“ City”) and Albert Group Architects, a California corporation (“ Firm”). City and Firm 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 firm to provide Architectural Design services (“ Project”).
B. Firm has submitted to City a written proposal, dated October 10, 2023, to provide the Project services.
C. Firm represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and expertise, to provide the necessary services to City and has agreed to provide such services as set forth herein.
D. City desires to engage Firm 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 FIRM
1.1 Scope of Services and Standard of Performance. Firm shall provide those services set forth in the set forth in the proposal to provide Architectural Design services, dated October 10, 2023, attached hereto as Exhibit “ A” (“Scope of Services” and/ or “ Project Services”).
Firm shall provide the Project Services in compliance with all terms and conditions of this Agreement. Firm 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. Firm represents and warrants that it is skilled in the professional discipline necessary to perform the Project Services. Firm represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.
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2 1.1.1 Resolution of Inconsistencies. In the event of any inconsistency between or among the terms and conditions contained in the main body of this Agreement and the Scope of Services, such inconsistency shall be resolved by applying the provisions in the highest priority of the documents containing such inconsistency, which shall be determined in the following order of declining priority: ( 1st) the main body of this Agreement; and ( 2rd) the Scope of Services.
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. Firm shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Firm performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Firm shall be solely responsible for all penalties and costs arising therefrom. Firm 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, Firm shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Firm represents and warrants to City that Firm 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 Firm to perform the Project Services. Firm 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 Firm'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, Firm warrants that Firm 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. Firm 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. Firm acknowledges that City may enter into agreements with other firms, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Firm further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
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3 2. COMPENSATION
2.1 Maximum Contract Amount. Firm shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the professional hourly rates and charges set forth in the Scope of Services in an amount not to exceed Forty-eight Thousand Dollars ($ 48,000.00). 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 Firm wishes to receive payment, Firm 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 Firm 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 Firm’ 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 Firm is an essential condition of this Agreement.
3.2 Schedule of Performance. Firm shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Firm, 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.
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4 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 Firm (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 Firm, 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 Firm be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Firm'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 52 weeks, ending on October 30, 2024, unless extended by mutual written agreement of the Parties.
4. COORDINATION OF PROJECT SERVICES
4.1 Firm’ s Representative. The following principal of Firm is hereby designated as being the principal and representative of Firm authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith: Stephen M. Albert. 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 Firm and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Firm 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 Firm's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Firm 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 Firm, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Firm 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. Firm shall not contract with any other entity to perform the Project Services without prior written consent of City. If Firm is DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 1789282. 1
5 permitted by City to subcontract any part of this Agreement, Firm shall be responsible to City for the acts and omissions of its subcontractor( s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the performance of Project Services will be considered employees of Firm. City will deal directly with and will make all payments to Firm.
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 Firm, 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 Firm or any surety of Firm 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 Firm a City employee. During the performance of this Agreement, Firm and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Firm 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 Firm shall at all times be under Firm’ s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Firm or any of its officers, employees, or agents, except as set forth in this Agreement. Firm, 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 Firm’ s officers, employees, or agents or in fixing their number, compensation, or hours of service. Firm 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 Firm in its business or otherwise a joint venturer or a member of any joint enterprise with Firm.
4.4.2 Firm 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 Firm, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for professional fees paid to Firm as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Firm for the performance of any Project Services. City shall not be liable for compensation or indemnification to Firm, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Firm’ s officers, employees, representatives, agents, DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 1789282. 1
6 or subconsultants or subcontractors, Firm 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 Firm or any officer, employee, representative, agent, subconsultant or subcontractor of Firm 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, Firm 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 Firm 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, Firm 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. Firm 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. Firm 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 Firm’ s existing insurance policies do not meet the insurance requirements set forth herein, Firm 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, Firm 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 Professional Liability/ Errors and Omissions Insurance (" PLI"). Firm shall obtain and maintain a policy of Professional Liability or Errors and Omissions Insurance appropriate to Firm’ s profession with per-claim and aggregate limits of no less than Two Million Dollars ($ 2,000,000.00). Covered professional services shall specifically include all Project Services to be performed under the Agreement and the policy shall be endorsed to delete any exclusions that may exclude coverage for claims within the minimum PLI limits set forth herein for the Project Services to be performed under this Agreement.
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7 5.2.1.1 The PLI policy shall be endorsed to delete any Contractual Liability Exclusion. The PLI shall include contractual liability coverage applicable to this Agreement. The policy must “ pay on behalf of” the insured, and include a provision establishing the insurer’ s duty to defend the insured.
5.2.1.2 If the PLI policy is written on a “ claims- made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three ( 3) years from the date of the completion of all Project Services provided hereunder ( the PLI Coverage Period"). If any PLI policy is replaced, cancelled, non-renewed, discontinued, or otherwise terminated, or if the limits of a PLI policy are reduced or the available coverage depleted below the required minimum coverage amounts for any reason during the PLI Coverage Period, Firm shall immediately obtain replacement PLI coverage meeting the requirements of this Section
5.2.1. Such replacement coverage shall satisfy all requirements herein, and shall include coverage for the prior acts or omissions of Firm during the time period during which any Project Services were performed. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “ tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.
5.2.1.3 If the PLI policy is written on an “ occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Project Services provided for in this Agreement, whichever is later. In the event of termination of the PLI policy during this period, new coverage shall immediately be obtained, and written evidence of the policy shall be immediately provided to the City, to ensure PLI coverage during the entire course of performing the Project services.
5.2.1.4 Firm shall not perform any Project Services at any time during which required types or amounts of PLI insurance are not in effect, and the City shall have no obligation to pay Firm for Project Services performed while required PLI insurance is not in effect.
5.2.2 Commercial General Liability Insurance. Firm shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance ( CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars 1,000,000.00) per occurrence and Two Million Dollars ($ 2,000.000.00) in the general aggregate.
The policy shall not contain any endorsements or provisions limiting coverage for (1) contractual liability, ( 2) cross liability exclusion for claims or suits by one insured against another, or ( 3) contain any other exclusion contrary to the Agreement.
5.2.3 Automobile Liability Insurance. Firm 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 Firm has no owned autos, Code 8 (hired) and Code 9 (nonowned), with limits of no less than One Million Dollars ($ 1,000,000.00) for each occurrence covering bodily injury and property damage.
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8 5.2.4 Workers’ Compensation Insurance. Firm 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. Firm 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. Firm 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, Firm shall not be required to procure either Worker’ s Compensation Insurance or Employer’ s Liability Insurance if Firm provides written verification to the City that Firm 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 Firm agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Firm 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 Firm 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 Firm, 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.
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9 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 Firm 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. Firm hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Firm 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 Firm’ s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten ( 10) calendar days prior written notice. ( A statement that notice will be provided " in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)
5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City's sole and absolute discretion.
5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Firm shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Firm 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, Firm 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 DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 1789282. 1
10 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 Firm may be held responsible for payments of damages to persons or property.
5.8 Enforcement of Agreement ( Non-Estoppel). Firm acknowledges and agrees that actual or alleged failure on the part of the City to inform Firm of any non- compliance 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. Firm shall either: ( 1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Firm as additional named insureds under the Firm’ s insurance policies; or (2) Firm 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. Firm 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 Firm and its subconsultants and subcontractors, if any, pursuant to this Agreement:
5.10.1 Firm 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 Firm 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.
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11 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 Firm’ s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5.10.5 Firm 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 Firm, provide the same minimum insurance coverage required of Firm. Firm 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. Firm 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 Firm agrees to provide immediate written notice to City of any claim, demand or loss against Firm 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, Firm shall defend ( at Firm’ 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 Firm, 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 Firm 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 Firm.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Firm’ 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.
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12 7. REPORTS AND RECORDS
7.1 Records. Firm shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Firm 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. Firm 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 Firm, 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 Firm 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. Firm may retain copies of such documents for its own use.
Firm shall have an unrestricted right to use the concepts embodied therein. Firm 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 Firm fails to secure such assignment, Firm 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 Firm, 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 Firm 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 Firm. 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.
DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 1789282. 1
13 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 Firm, 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, Firm shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Firm 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 Firm.
8.6.1 Firm’ s failure to comply with any provision of this Agreement shall constitute a default.
8.6.2 If the Contract Officer determines that Firm is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Firm in writing of such default. If such default is capable of being cured, Firm 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 Firm 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. Firm 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 Firm 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 Firm 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 Firm for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Firm shall not limit Firm’ s liability for completion of the Project DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 1789282. 1
14 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 Firm, 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 Firm or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Covenant Against Discrimination. Firm 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. Firm 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 Confidentiality. Information obtained by Firm in the performance of this Agreement shall be treated as strictly confidential and shall not be used by Firm for any purpose other than the performance of this Agreement without the written consent of the Contract Officer.
10.2 Patent and Copyright Infringement.
10.2.1 To the fullest extent permitted by law, and in lieu of any other warranty by City or Firm against patent or copyright infringement, statutory or otherwise, it is agreed that Firm shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Firm shall pay all costs and damages finally awarded in any such suit or claim, provided that Firm is DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 1789282. 1
15 promptly notified in writing of the suit or claim and given authority, information and assistance at Firm’ s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Firm. However, Firm will not indemnify City if the suit or claim results from City's alteration of a deliverable where such alteration created the infringement upon any presently existing U.S. letters patent or copyright.
10.2.2 Firm shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Firm shall not be obligated to indemnify City under any settlement made without Firm’ s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Firm’ s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Firm, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.3 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 – Albert Group Architects.
To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA 90720
Csimmons@cityoflosalamitos. org
With copy to:
Michael S. Daudt, City Attorney
Woodruff & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
mdaudt@woodruff. law
To Firm: Albert Group Architects
c/o Stephen M. Albert
2032 Stoner Avenue, Suite A
Los Angeles, CA 90025
Stephen@albertgroup. la
DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 1789282. 1
16 10.4 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.
10.5 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.
10.6 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.7 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.
10.8 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.
10.9 Prevailing Wages. Firm 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”). Firm 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, Firm shall bear all risks of payment or non-payment of prevailing wages under California law, and Firm 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.
10.0 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]
DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 1789282. 1
17 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:_______________________________
Chet Simmons
City Manager
APPROVED AS TO FORM.
Woodruff & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:
By:_______________________________
Windmera Quintanar, MMC
City Clerk
Firm”
Albert Group Architects
By:_______________________________
Stephen M. Albert
Principal
By:_______________________________
Laurie Albert
Chief Operating Officer
DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 11/ 21/ 2023
11/ 20/ 2023
11/ 21/ 2023
11/ 21/ 2023
11/ 21/ 2023
1789282. 1
EXHIBIT “ A”
FIRM’ S PROPOSAL/ SCOPE OF SERVICES
DATED: October 10, 2023
DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5 DocuSign Envelope ID: 192194CA- D91D- 45C0- 8F73-70B3D60A01C5
ARCHITECTURAL ABBREVIATIONS
GA. GUAGE
GALV. GALVANIZED
G.I. GALVANIZED IRON
GL. GLASS
GR. GRADE
GYP.BD. GYPSUM BOARD
G.D. GARBAGE DISPOSAL
H.B. HOSE BIBB
HWD. HARDWOOD
HGT. HEIGHT
H.PT. HIGH POINT
HDR. HEADER
HTR. HEATER
H.W. HOT WATER
HORIZ. HORIZONTAL
H.C. HOLLOW CORE
I.D. INSIDE DIAMETER
INT. INTERIOR
INSUL. INSULATION
INV. INVERT
I.P.S. IRON PIPE SIZE
I.I.C. IMPACT INSULATION
CLASS
LAV. LAVATORY
LGTH. LENGTH
LKR. LOCKER
MIN. MINIMUM
MAS. MASONRY
MAX. MAXIMUM
MECH. MECHANICAL
MEMB. MEMBRANE
MTL. METAL
M.H. MANHOLE
MISC. MISCELLANEOUS
M.O. MASONRY OPENING
M.R. MOISTURE RESISTANT
MFG. MANUFACTURER
N.I.C NOT IN CONTRACT
NO. NUMBER
NOM. NOMINAL
N.T.S. NOT TO SCALE
OBSC. OBSCURE
O.C. ON CENTER
O.D. OUTSIDE DIIAMETER
OFF. OFFICE
OPG. OPENING
OV. OVEN
OVFL. OVERFLOW
OPP. OPPOSITE
PL PROPERTY LINE
PART'N PARTITION
PLAS. PLASTER
PLYWD. PLYWOOD
PR. PAIR
P.L. PLASTIC LAMINATE
A.F.F. ABOVE FINISH FLOOR
A.F.S. ABOVE FINISH SURFACE
BD BOARD
BLK BLOCK
BLKG BLOCKING
BM BEAM
BOT BOTTOM
BLDG BUILDING
BET BETWEEN
C.L. CENTER LINE
C.B. CATCH BASIN
CEM. CEMENT
CER. CERAMIC
C.I.P. CAST IRON PIPE
CLG. CEILING
CLO. CLOSET
CLR. CLEAR
C.O. CLEAN OUT
COL. COLUMN
COM. COMMON
CONC. CONCRETE
CONT. CONTINUOUS
C.W. COLD WATER
C.T. CERAMIC TILE
C.YD. CUBIC YARD
DET. DETAIL
D.F. DRINKING FOUNTAIN
D.D. DOOR DIMENSION
DIA. DIAMETER
DWG. DRAWING
D.S. DOWNSPOUT
D.W. DISHWASHER
DR. DOOR
DIM. DIMENSION
EA. EACH
ELEC. ELECTRICAL
ELEV. ELEVATION
ENCL. ENCLOSURE
EXH. EXHAUST
EXIST. EXISTING
EXP. EXPANSION
EXT. EXTERIOR
E.J. EXPANSION JOINT
F.D. FLOOR DRAIN
F.E.C. FIRE EXTINGUISHER
CABINET
FIN. FINISH
FLR. FLOOR
FLRG. FLOORING
F.GL. FIXED GLASS
F.S. FLOOR SINK
FLUOR. FLUORESCENT
F.O.C. FACE OF CONCRETE
F.O.M. FACE OF MASONRY
F.O.S. FACE OF STUD
F.O.F. FACE OF FINISH
F.F. FINISH FLOOR
F.J. FLOOR JOIST
PL PROPERTY LINE
PART'N PARTITION
PLAS. PLASTER
PLYWD. PLYWOOD
PR. PAIR
P.L. PLASTIC LAMINATE
R. RISER
RAD. RADIUS
REINF. REINFORCING
RESIL. RESILIENT
RD. ROOF DRAIN
RM. ROOM
R.O. ROUGH OPENING
REF. REFRIGERATOR
REQ'D REQUIRED
S.C. SOLID CORE
SHT. SHEET
SIM. SIMILAR
SHTG. SHEATHING
SQ. SQUARE
STD. STANDARD
STL. STEEL
STRUCT. STRUCTURAL
S.S. STAINLESS STEEL
SUSP. SUSPENDED
SPECS. SPECIFICATIONS
STOR. STORAGE
S.T.C. SOUND TRANSMISSION
CLASS
S.F. SQUARE FOOT
SSD SEE STRUCTURAL
DRAWINGS
TEL. TELEPHONE
TERR. TERRAZZO
T&G TONGUE AND GROOVE
T.O.C. TOP OF CURB
T.O.W. TOP OF WALL
TYP. TYPICAL
THRU. THROUGH
TEMP. TEMPERED
T.O.P. TOP OF PARAPET
T. TREAD
T.O.PL TOP OF PLATE
U URINAL
U.O.N. UNLESS OTHERWISE
NOTED
VERT. VERTICAL
VEST. VESTIBULE
V.C.T. VINYLE COMPOSITION
TILE
VIF VERIFY IN FEILD
W/ WITH
WAINS. WAINSCOT
W.C. WATER CLOSET
WD. WOOD
WH WATER HEATER
WP. WATERPROOF
DEMOLISH
EXISTING
NEW
PHASING LEGEND
SLOPE ARROWS
SLOPE ARROWS
ELEVATION CALLOUTS
GRID BUBBLE
BUILDING ELEVATION
SHEET NUMBER
INTERIOR ELEVATIONS
SHEET NUMBER
BUILDING SECTION
SHEET NUMBER
WALL SECTION
SHEET NEUMBER
DETAIL NUMBER
SHEET NUMBER
DETAIL TICK
MATCHLINE
BREAK LINE
SLOPE
0:12
T.O.WALL
T.O.WALL
X
1 A0.0
1 A0.0
1 1
A0.0
1 A0.0
1 A0.0
1 ROOM FINISH TAG
SUSMP AREA
ALLOCATION
POINT ELEVATION
STEP IN SLAB
FACADE ELEVATION
MARKER
WALL TYPE
REVISION CALLOUT
DOOR CALLOUT
WINDOW CALLOUT
ROOM NUMBER
CEILING HEIGHT
NORTH ARROW
KEYNOTES
CEILING HGT.
ROOM NAME
FLR. MATERIAL
SUSMP
+00.00'
+0'-0"
+0"
X X X
0 D-000
W-000
000
ROOM NAME
0'-0"
1. INTERIOR RENOVATION OF EXISTING POLICE DEPARTMENT LOCKER ROOMS / RESTROOMS WITH ACCESSIBILITY UPGRADES.
SITE ADDRESS: 3201 Katella Ave, Los Alamitos, CA 90720
OCCUPANCY: MIXED / CIVIC CENTER - A / B
CONSTRUCTION: MIXED
PROPERTY INFORMATION
SCOPE OF WORK:
POLICE LOCKER ROOMS
OWNER
COMPANY: CITY OF LOS ALAMITOS
CONTACT: RON NODA
EMAIL: [email protected]
TELEPHONE: 562.431.3538 x500
ADDRESS: 3191 KATELLA AVE,
LOS ALAMITOS, CA 90720
ARCHITECT
COMPANY: THE ALBERT GROUP ARCHITECTS
ARCHITAG LLP
CONTACT: BRITTANY EDWARDS
EMAIL: [email protected]
TELEPHONE: 310.820.8863 x205
ADDRESS: 1745 BERKELEY STREET, SUITE 4
SANTA MONICA, CA 90404
APPLICABLE BUILDING CODE:
2022 CALIFORNIA BUILDING CODE
2022 CALIFORNIA CODE OF REGULATIONS TITLE 24
2022 CALIFORNIA ELECTRICAL CODE
2022 CALIFORNIA MECHANICAL CODE
2022 CALIFORNIA PLUMBING CODE
PROJECT NUMBER:
SHEET NUMBER:
PROJECT PHASE:
SHEET NAME:
SHEET ISSUE DATE:
STAT E OF CA L I FORN I A
L ICENSED ARCHI TECT
NO. C 9412
REN. 5-31-25
STEPHEN M.
ALBERT
2032 Stoner Avenue | Los Angeles, CA 90025
2309
A0.00C
POLICE
LOCKER
RENOVATION
SCHEMATIC DESIGN
TITLE SHEET POLICE
LOCKERS
2/2/2024
3201 Katella Ave, Los
Alamitos, CA 90720
LOS
ALAMITOS
CITY HALL
COMPLEX
RENOVATIONS
PROJECT SYMBOLS
GENERAL
A0.00A TITLE SHEET COUNCIL CHAMBER
A0.00B TITLE SHEET SHED RENOVATION
A0.00C TITLE SHEET POLICE LOCKERS
A0.10A SITE PLAN--COUNCIL PROJECT
A0.10B SITE PLAN--SHED RENOVATION
A0.10C SITE PLAN--POLICE LOCKERS
A0.11 GENERAL NOTES
A0.12 GENERAL NOTES
A0.13 GENERAL NOTES
A0.14 ACCESSIBILITY NOTES
SHEET LIST
ARCHITECTURAL
A1.09 (E) COMMUNITY CENTER PLAN
A1.10 (E) TEEN CENTER PLAN
A1.11A (N) COUNCIL CHAMBER PLAN
A1.11B (N) BLDG CONNECTION
A1.12 ENLARGED COUNCIL BUILDING
AREAS
A1.13 COUNCIL BUILDING ELEVATIONS
A1.20 WORKOUT ROOM EXPANSION
A1.21 ENLARGED WORKOUT ROOM
AREAS
A1.30 (E) POLICE STATION LOCKER
ROOMS
A1.31 (N) POLICE STATION LOCKER
ROOMS
DIRECTORY
CAMPUS MAP AREA MAP
POLICE STATION
LOCKER ROOMS
SITE
CODE SUMMARY
# Description Date1 PROJECT BEGIN;
CONTRACT SIGNED
11/21/23
CITY OF LOS ALAMITOS CITY HALL
POLICE LOCKER RENOVATION PROJECT
APPLICABLE BUILDING CODE:
2022 CALIFORNIA BUILDING CODE
2022 CALIFORNIA CODE OF REGULATIONS TITLE 24
2022 CALIFORNIA ELECTRICAL CODE
2022 CALIFORNIA MECHANICAL CODE
2022 CALIFORNIA PLUMBING CODE
EXISTING
COMMMUNITY
CENTER
EXISTING
TEEN
CENTER
EXISTING SHEDS
EXISTING CITY
HALL
EXISTING
POLICE
STATION
EXISTING CITY YARD
OAK ST.
KATELLA AVE.
SCOPE OF WORK
PROJECT NUMBER:
SHEET NUMBER:
PROJECT PHASE:
SHEET NAME:
SHEET ISSUE DATE: STAT E OF CA L I FORN I AL ICENSED ARCHI TECT NO. C 9412
REN. 5-31-25
STEPHEN M.
ALBERT
2032 Stoner Avenue | Los Angeles, CA 90025
2309
A0.10C
POLICE
LOCKER
RENOVATION
SCHEMATIC DESIGN
SITE PLAN--POLICE
LOCKERS
2/2/2024
3201 Katella Ave, Los
Alamitos, CA 90720
LOS
ALAMITOS
CITY HALL
COMPLEX
RENOVATIONS
CODE SUMMARY
EMERGENCY POWER AND LIGHTING NOTES:
1. Any time a building or a portion of a building is occupied, the means of egress serving the occupied portion shall be illuminated at an intensity of not less than 1-footcandle (11 lux) at the walking surface level.”(1008)
2. The power supply for means of egress illumination shall be provided by the premise’s electrical supply. In the event of power supply failure, illumination shall be automatically provided from an emergency system for the following areas:(1008.3) A. Aisles and unenclosed egress stairways in rooms and spaces that require two or more means of egress.
B. Corridors, interior exit stairways and ramps, and exit passageways in buildings required to have two or more exits.
C. Exterior egress components at other than the level of exit discharge until exit discharge is accomplished for buildings required to have two or more exits.
D. Interior exit discharge elements, as permitted in Section 1028.1, in buildings required to have two or more exits.
E. Exterior landings, as required by Section 1010.1.6, for exit discharge doorways in buildings required to have two or more exits.
3. The emergency power system shall also be connected to an emergency electrical system which is to provide continued illumination for a duration of not less than 1-1/2 hr. in case of primary power loss. Continued illumination is to be provided from storage batteries, unit equipment, or an on-site generator and the installation of the emergency power system shall be installed in accordance with Chapter 27. (1008.3.4)
4. Emergency lighting facilities shall be arranged to provide initial illumination that is at least an average of 1-footcandle (11 lux) and a minimum at any point of 0.1-footcandle (1 lux) measured along the path of egress at floor level. A maximum-to-minimum illumination uniformity ratio of 40 to 1 shall not be exceeded.(1008.3.5) NOTES
SCALE: SITE PLAN 1" = 40'-0" --
1 # Description Date
1. PRESSURE WASH/ SANDBLAST EXTEROR AND INTERIOR
OF BUILDING TO REMOVE ALL PAINT AND DEBRIS. PATCH
CONCRETE / PLASTER SURFACES TO PROVIDE A
SMOOTH SURFACE BEFORE PAINTING OR APLICATION OF
NEW MATERIAL.
2. ALL SURFACES TO BE CLEAR OF DEBRIS AND ANY
SURFACE TO REMAIN TO BE PROTECTED DURING
CONSTRUCTION.
3. PROVIDE HAZARDOUS MATERIAL ABATEMENT AS
NECESSARY PER CALOSHA STANDARDS.
DEMO NOTES
DEMO LEGEND
EXISTING WALL TO REMAIN
EXISTING WALL TO BE DEMOLISHED
15' - 8" ± PER (E) DWGS; V.I.F 5' - 0" ± PER (E) DWGS; V.I.F SHELVING 14-9
14' - 9" ± PER (E) DWGS; V.I.F
9-9
9' - 9" ± PER (E) DWGS; V.I.F 11-7 11' - 7" ± PER (E) DWGS; V.I.F 9-9
9' - 9" ± PER (E) DWGS; V.I.F 10-5 10' - 5" ± PER (E) DWGS; V.I.F 6' - 2 1/2"
5' - 6"
2' - 11"
1' - 8 1/2"
7' - 7" ± PER (E) DWGS; V.I.F 5' - 4" ± PER (E) DWGS; V.I.F
DIMS PER
CITY 3/27/24
EMAIL
ARMORY RM.
INTERVIEW RM.
5' - 0"
14' - 4"
15' - 8"
271 SF
WOMEN'S LOCKER RM
510 SF
MEN'S LOCKER RM
6' - 0"
3' - 7"
1. EXISTING P.O.T. TO REMAIN TO ALL ALTERED LOCATIONS.
2. EXISTING ELECTRICAL OUTLETS / BOXES TO REMAIN.
PLAN NOTES
PLAN LEGEND
EXISTING WALL TO REMAIN
PROPOSED WALL PER TYPE
PROJECT NUMBER:
SHEET NUMBER:
PROJECT PHASE:
SHEET NAME:
SHEET ISSUE DATE: STAT E OF CA L I FORN I AL ICENSED ARCHI TECT NO. C 9412
REN. 5-31-25
STEPHEN M.
ALBERT
2032 Stoner Avenue | Los Angeles, CA 90025
2309
A1.30
POLICE
LOCKER
RENOVATION
SCHEMATIC DESIGN
(E) POLICE STATION
LOCKER ROOMS
2/2/2024
3201 Katella Ave, Los
Alamitos, CA 90720
LOS
ALAMITOS
CITY HALL
COMPLEX
RENOVATIONS
SCALE:
EXISTING POLICE LOCKER ROOMS 1/4" = 1'
-0"
1 # Description Date
271 SF
WOMEN'S LOCKER RM
ACCESSIBLE
SHOWER
5' - 0"
5' - 0"
1' - 8 1/2"
2' - 6" 3' - 0" 4' - 6 1/2"
6' - 11" 5' - 6"
ø 5' - 0"
51 49
49 43
1' - 6"
6' - 6"
5' - 10"
12 (16) LOCKERS PROVIDED
49 49
50 43
1' - 6" 3' - 1 1/2" 1' - 6"
10' - 3 1/2"
3' - 8" 3' - 10"
12' - 10 1/2"
6' - 1 1/2"
1' - 8"
15' - 8"
3' - 8" 4' - 1"
8 FULL HEIGHT
4 (8) HALF HEIGHT
BENCH
5' - 0"
510 SF
MEN'S LOCKER RM
9' - 10 1/2"
9' - 8 1/2"
2' - 10" 6' - 8 1/2"
1' - 6" 2' - 8" 1' - 6"
51 51
43 32" MIN. CLEAR
@ DOOR
49 49
1' - 6"
5' - 0"
34 (38) LOCKERS
PROVIDED
52' - 3"
ACCESSIBLE
SHOWER
ø 2' - 0"
5' - 10 1/2"
3' - 0"
1' - 10"
1' - 6"
4' - 3 1/2"
ø 5' - 0"
1' - 5" 1' - 5"
1' - 6"
3' - 8"
4' - 11"
4' - 2"
6' - 8 1/2"
4' - 6"
30 FULL HEIGHT
4 (8) HALF HEIGHT
3' - 8"
5' - 0"
5' - 0"
2' - 7" 3' - 0"
3' - 2" 5' - 8"
5' - 0" 2' - 6"
2' - 5 1/2" 11" 2' - 5 1/2"
5' - 8 1/2" 6' - 6 1/2"
BENCH
SCALE:
PROPOSED WOMEN'S POLICE LOCKER ROOM 1/2" = 1'-0" 1
PROJECT NUMBER:
SHEET NUMBER:
PROJECT PHASE:
SHEET NAME:
SHEET ISSUE DATE:
STAT E OF CA L I FORN I A
L ICENSED ARCHI TECT
NO. C 9412
REN. 5-31-25
STEPHEN M.
ALBERT
2032 Stoner Avenue | Los Angeles, CA 90025
2309
A1.31
POLICE
LOCKER
RENOVATION
SCHEMATIC DESIGN
(N) POLICE STATION
LOCKER ROOMS
2/2/2024
3201 Katella Ave, Los
Alamitos, CA 90720
LOS
ALAMITOS
CITY HALL
COMPLEX
RENOVATIONS
SCALE:
PROPOSED MEN'S POLICE LOCKER ROOM 1/2" = 1'-0" 2
KEYNOTES
43 AREA DRAIN. PROVIDE SLOPE TO DRAIN.
49 ADA GRAB BAR. SEE ACCESSIBILITY DIAGRAMS/FIGURES
ON ACC. SHEETS FOR PROPER SIZING.
50 ROD & CURTAIN FOR SHOWER PRIVACY.
51 EXHAUST FAN ABOVE. DUCTED TO EXTERIOR OF
BUILDING.
# Description Date
TRIPEPI SMITH and ASSOCIATES, INC.
PO Box 52152
Irvine, CA 92619 US
[email protected]
INVOICE
BILL TO
City of Los AlamitosINVOICE # 13008
DATE 08/31/2024
DUE DATE 09/30/2024
TERMS Net 30
DATE ACTIVITY QTY RATE AMOUNT
08/06/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: Check in &
debrief - Jennifer Vaughn
0:45 370.00 277.50
08/06/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: routine
check in call with team. - Mr. Ryder T Smith
0:30 370.00 185.00
08/06/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: Check in
call + debrief - Sienna Boyd
0:45 195.00 146.25
08/06/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: TS/Los Als
check in call - Valerie Nevarez
0:45 140.00 105.00
08/13/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: Check in
call + internal debrief - Sienna Boyd
0:30 195.00 97.50
08/13/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: TS/Client
check in call - Valerie Nevarez
0:30 140.00 70.00
08/20/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: Checkin call
& debrief - Jennifer Vaughn
0:30 370.00 185.00
08/20/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: Check in
call, debrief + comms with matt - Sienna Boyd
0:45 195.00 146.25
08/20/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: TS/LOS
ALS TEAM CHECK IN CALL - Valerie Nevarez
0:30 140.00 70.00
DATE ACTIVITY QTY RATE AMOUNT
08/27/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: TS/Client
call - Valerie Nevarez
0:30 140.00 70.00
08/27/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: Check in
call + debrief - Sienna Boyd
0:30 195.00 97.50
08/30/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: Check in
call w/val + matt - Sienna Boyd
0:15 195.00 48.75
08/30/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Check-In Calls; NOTES: TS/Los Als
check in - Valerie Nevarez
0:15 140.00 35.00
Subtotal: 1,533.75
08/21/2024 Animated Video Production
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Animated Video; NOTES:
Storyboarding for animated video - Valerie
Nevarez
1:00 140.00 140.00
08/26/2024 Animated Video Production
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Animated Video; NOTES:
Editing/animation - Cameron Grimm
3:45 195.00 731.25
08/26/2024 Animated Video Production
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Animated Video; NOTES:
review/comment on animated video - Jennifer
Vaughn
0:15 370.00 92.50
08/27/2024 Animated Video Production
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Animated Video; NOTES:
Editing/animation - Cameron Grimm
2:00 195.00 390.00
08/28/2024 Animated Video Production
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Animated Video; NOTES:
Editing/animation - Cameron Grimm
0:30 195.00 97.50
08/29/2024 Animated Video Production
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Animated Video; NOTES: revisions;
export and upload - Cameron Grimm
0:45 195.00 146.25
Subtotal: 1,597.50
08/02/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Content edits and comms - Sienna Boyd
0:30 195.00 97.50
08/06/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Check in call prep + agenda updates - Sienna
0:30 195.00 97.50
DATE ACTIVITY QTY RATE AMOUNT
Boyd
08/06/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Content review + edits - Sienna Boyd
0:15 195.00 48.75
08/09/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Content edits + follow ups w/SirSpeedy - Sienna
Boyd
0:15 195.00 48.75
08/12/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Updated agenda + follow up comms on
deliverables - Sienna Boyd
0:15 195.00 48.75
08/13/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Update agenda + prep for check-in call - Sienna
Boyd
0:30 195.00 97.50
08/14/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Update content to letter designation - Valerie
Nevarez
0:15 140.00 35.00
08/16/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Checked in on status of deliverables + updated
agenda - Sienna Boyd
0:15 195.00 48.75
08/20/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES: Prep
for check-in call + update agenda - Sienna Boyd
0:45 195.00 146.25
08/21/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Agenda update + KT domain request - Sienna
Boyd
0:15 195.00 48.75
08/22/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Purchased urls, setup redirects in AWS - Melanie
James
0:30 195.00 97.50
08/23/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Update agenda + send follow up comms on
deliverables - Sienna Boyd
0:15 195.00 48.75
08/27/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
internal check in - Jennifer Vaughn
0:30 370.00 185.00
DATE ACTIVITY QTY RATE AMOUNT
08/27/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Internal check in - Sienna Boyd
0:30 195.00 97.50
08/27/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES: Prep
for check in call + update agenda - Sienna Boyd
0:15 195.00 48.75
08/27/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES:
Working call - Valerie Nevarez
0:30 140.00 70.00
08/29/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Management; NOTES: Read
through Writ - Sienna Boyd
0:30 195.00 97.50
Subtotal: 1,362.50
08/07/2024 Graphic Arts Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: FAQ Sheet; NOTES: review/edit
updated FAQs - Jennifer Vaughn
0:15 370.00 92.50
Subtotal: 92.50
08/05/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Content Production/Management;
NOTES: Newsletter content - Valerie Nevarez
0:30 140.00 70.00
08/07/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Content Production/Management;
NOTES: FAQ update - Sienna Boyd
0:30 195.00 97.50
08/07/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Content Production/Management;
NOTES: Created Graphic and caption SM post -
Valerie Nevarez
0:45 140.00 105.00
08/09/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Content Production/Management;
NOTES: Graphic and caption creation - Valerie
Nevarez
1:30 140.00 210.00
Subtotal: 482.50
08/13/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Project Research; NOTES: Linktree
from client on platforms - Valerie Nevarez
0:15 140.00 35.00
Subtotal: 35.00
08/29/2024 Ballot Measure Outreach Services
PROJECT: City of Los Alamitos - Ballot Measure
2024; TASK: Press Releases; NOTES: Media
statement for court hearing - Sienna Boyd
1:00 195.00 195.00
Subtotal: 195.00
BALANCE DUE $5,298.75