BMO
P.O. BOX 755
CHICAGO, ILLINOIS 60690-9520
BMO Date: July 26, 2021
P.O. BOX 755
CHICAGO, ILLINOIS 60690-9520
Account Number
C 0000-123-456-7
XYZ ENTERPRISE CORPORATION
1234 MAIN STREET
MILWAUKEE, WI 53201-0101
Invoice Number: 06-21 123456
------------------------------------------------------------------------------------- -07-12-202 - 1 Analysis Results (06-01-2021 through 06-30-2021) 98.76 07-26-2021 Adjustment LOCKBOX SERVICE ADJUSTMENT 10.00
___________________
Total Amount Due $ 108.76
IF THERE ARE ANY QUESTIONS CONCERNING YOUR INVOICE, PLEASE CALL YOUR
TREASURY MANAGEMENT SALES REPRESENTATIVE OR THE CLIENT SERVICE RESPONSE CENTER AT 1-877-895-FAST (3278).
--------------------------------------------------------------------------------------- Please detach this coupon and mail with payment
Terms: 30 days from issue date. Account Number: C 000-123-456-7 Invoice Date: July 26, 2021
For Period: 06-01-2021 through 06-30-2021
If not paid, your checking
account will be charged on
September 4, 2021.
Account Analysis Invoice: 06-21 123456
August 25, 2021
$ 108.76
XYZ ENTERPRISE CORPORATION
1234 MAIN STREET MILWAUKEE, WI
53201-0101
Invoice
1 Invoice Address
This is your current address on file. If you
need to change your address, please contact the
TPS Client Service Response Center
at 877-895-3278.
2 Account Number
This is the Account that appears on your Account
Analysis Statement.
3 Invoice Number
This number consists of the month and year
of your statement, plus a system-generated
identifier. Have this number handy if you are
contacting BMO with questions.
4 Invoice Activity
In this section you will see all charges for the
settlement period, such as the total of your
Analysis Results (shown as Total Charges on
your Account Analysis Statement).
Payment Coupon
5 Terms
This section summarizes the payment terms of
the Total Amount Due.
6 Debit Date
Your account will be debited automatically on
this date if payment is not received in a timely
manner. Please note that you will no longer
receive Debit Advice notifications.
7 Settlement Period
The start and end dates of the period being
invoiced, which are usually the first and last
days of the month.
8 Due Date
The date the invoiced amount is due.
9 Amount Due
The total amount due.
Thank you for being an Account Analysis client of BMO. If you have questions, please contact the Treasury & Payment Solutions Client Service Response Center at 877-895-FAST (3278).
1 3
4 5
7 6
9 8 Payment Due:
Total Amount Due:
2 A Guide to Your New Account Analysis Invoice
BMH123-HTR-INV
Exhibit 20:
BMO Business Continuity
Management Readiness
Disclosure
408
SERVICESDEPOSIT
PROCESSRETURNED ITEM
OF DEPOSITSAVAILABILITY
PAYPOSITIVE ACH SERVICES RECONCILIATION TRANSFER FILE INVESTMENTS OVERNIGHT ECR MERCHANT SERVICES E-PAYMENT RECOVERY DISASTER RESOLUTION DISPUTE EXHIBITS
® Trademark of Bank of Montreal As of November 2024
Business Continuity Management Readiness Disclosure
BMO Financial Group (BMO), including its subsidiaries (BMO Financial Corp., BMO Bank N.A, other U.S., and International Affiliates) is committed to maintaining the highest degree of business continuity preparedness by developing, testing, and exercising viable recovery strategies and plans. The Business Continuity Management (BCM) program evaluates the threats to each of the respective businesses and builds on the strategy to mitigate those threats on an ongoing basis, incorporating industry best practices and applicable regulatory guidance. This document serves to provide a high-level overview of BMO Financial Group’s BCM program which includes business continuity, disaster recovery and crisis management processes.
BMO’s BCM program objectives include the ability to safeguard the interests and well-being of our customers, shareholders, and employees in the event of any type of emergency, disaster, or other unforeseen circumstances. The BCM program has established a framework that facilitates the rapid recovery and timely resumption of critical operations following disruptions to business operations. The comprehensive business continuity strategy is designed so that critical processes and third-party arrangements remain effective and compatible. Furthermore, BMO’s technology structure is designed to enable recovery and maintenance of critical applications that support business processes.
BCM program’s plans have enabled us to seamlessly continue business in the face of disaster. BMO is confident in the ability to continue business operations if faced with disruptions in the future. The following are critical elements of the BCM program.
Communication/Notification
The BCM program works in conjunction with corporate communications to communicate all crises and similar unforeseen events to customers, shareholders, and employees. BMO employs a diverse range of tools and resources for notification purposes. A notification system is utilized for crisis communications, and the business has multiple methods to communicate with staff should the need arise.
Business Continuity
Business units are required to identify processes and determine the appropriate criticality level for each process. This information is recorded as part of a Business Impact Analysis (BIA) and stored in the online business continuity planning tool. Risk assessments are conducted for critical plans to identify threats, vulnerabilities, and impacts. Business Continuity Plans (BCP) are established for each business function to both prepare for and manage through a prolonged business interruption. BIAs & BCPs are reviewed and approved annually. The BCM program conducts regular Quality Assurance Reviews of BCPs to ensure recovery strategies are sound, plan components are in line with industry best practices and applicable regulatory guidance.
® Trademark of Bank of Montreal As of November 2024
Crisis Management
A comprehensive crisis management structure is in place that is regularly validated in both exercises and actual crisis events. The structure and plans are continuously reviewed, updated, and tested as BMO’s threat landscape continuously evolves. Common threats include (but are not limited to) natural disasters, infectious disease/pandemics, civil unrest, technology failures, cyber events, and public utility failures.
Technology Resilience
Major computer systems reside within secure processing facilities and are backed up at fully configured alternate data facilities. A variety of architected and implemented technology solutions documented within the disaster recovery plans are consistent with the service expectations of the business. Both the primary and secondary data centers have reliable power facilities delivered through dual utility feeds and are provisioned with backup power capability including uninterrupted power supply (UPS) and generators. These complexes also have redundant water supplies and redundant communication lines.
Contingency Sites
There are core business contingency facilities with dedicated and fully configured workstations to support operations and business recovery in strategically selected locations. These state-of-the-art facilities provides disaster recovery services and senior management with the ability to lead through an unplanned event.
Business contingency locations are maintained and in a state of readiness for all clearing and settlement activities. There are back-up generators at data centers, major operation sites, and critical business unit locations.
Testing
The BCM program facilitates several diverse types of testing including integrated testing for core clearing and settlement recovery in accordance with the Federal Financial Institutions Examination Council (FFIEC) guidelines at a minimum once annually. Disaster Recovery testing of critical applications and technology infrastructure is completed annually. Businesses also perform testing with third parties against recovery time objectives for key functions. Businesses participate in the Securities Industry & Financial Markets Association (SIMFA/FIA) sponsored testing as appropriate. Additionally, Business Continuity exercises are conducted annually across the critical lines of business to validate recovery strategies.
BMO has a robust training program for business stakeholders on ongoing BCM program initiatives to better prepare for crises and business disruptions.
Summary
The BCM program is dedicated to the preparation, planning, and execution of business continuity, disaster recovery and crisis management initiatives. These are designed to protect the well-being and interests of the firm’s customers, shareholders, and employees.
Exhibit 21:
Merchant Card Services
Sample Reports
411
SERVICESDEPOSIT
PROCESSRETURNED ITEM
OF DEPOSITSAVAILABILITY
PAYPOSITIVE ACH SERVICES RECONCILIATION TRANSFER FILE INVESTMENTS OVERNIGHT ECR MERCHANT SERVICES E-PAYMENT RECOVERY DISASTER RESOLUTION DISPUTE EXHIBITS
Clear. Concise. Easy.
Your portal for account
management and reporting.
Support your everyday business decisions with the Payments Insider© portal featuring embedded reporting. Quickly pull up-to-date, customizable reports so you will have the data you need throughout the day, no matter what that entails. Whether you’re in the office or on-the-go, Payments Insider© is your resource for actionable data.
The dashboard feature shows an overview of your payments history, but if you want to really dive into the details, our reports section gives you the control.
Key Features:
• Interactive dashboard widgets
• Custom Formatting of Reports
• Multiple output formats and offline reporting options • Custom formatting of report format and columns
• See information on the issuing bank with BIN lookup
• Transaction search – search by settled, auth, or payment date.
Pull the data you need, the moment you need it.
Seven reports, hundreds
of data points.
All available within one site.
Reports can be run based on all of your business locations, just one, or selectable filters let you focus on the key details of your business. Whether its reviewing batches and payments, analyzing adjustments, or researching chargebacks, these reports put the data in your hands. Pick your report, set the filters, and export into a .csv or .xlsx file for easy reconciliation against bank statements or to import the data into your account software. • Payments Report: Take a holistic look at your payment history for a selected time period. Use filters to focus in on key data points like chargebacks, deposits,
adjustments, or fees.
• Batch/Sales Report: View your summary and detail
settlement activity, and use the filters to focus on
particular transaction types, settled amounts, transaction dates and more.
• Card Brand Report: Research your payment mix by
card brand. Observe trends across card brands for rate
reviews or look up individual transactions to determine when and how they were settled.
• Authorizations Report: Any time a card is used an
authorization code is generated, but it doesn’t mean the card was approved or the transaction settled. Keep an
eye on authorized but non-settled transactions to isolate areas where improvements in card acceptance can be
made if cards are frequently declined, rejected, or not accepted.
• Downgrades Report: Changes to card acceptance
costs post-settlement are called downgrades. Use this
report to see any such impacts, and use the filter to focus in on specific reason codes or payment dates.
• Chargebacks Report: If a cardholder issues a
chargeback on a transaction, this report will show you
the when, the why, and the impact of the event. Use the filters to focus in specific chargebacks and track the
response dates or financial actions taken.
• Retrievals Report: When a customer doesn’t recall a
transaction, they may ask for more information. Respond back before it becomes a chargeback!
• Bank Lookup: When managing chargebacks,
sometimes you need to look up the issuing bank
information for additional research. With Bank Lookup,
you can type the first 6 digits of the card initiating the chargeback and the report will provide you the contact
information for issuing bank.
Payments Report.
You’ve received your monthly statement, but you want more clarity on a specific payment. It seems that the totals within the statement are slightly different from your internal accounting system and you’d like to reconcile the difference. Pull the Payments report and, from there, you can gain greater detail into batch totals, and any unexpected fees or chargebacks that will affect your DDA. Now that you’ve reconciled your statement, you can plan for next month with confidence.
View the high-level summary of your payment
data, or see additional details for each
payment. You can click on individual payment
entries, or continue to scroll to the details
section of the report. View batch level data,
or get granular with transaction level data.
Customize the transaction level report when
you click the gear icon.
› Account – search by specific
customer account number
› Authorization Code
› Batch Amount
› Card Number
› GBOK/Batch ID
› Location
› Payment Amount
› Payment Date
› Payment No.
› Payment Type
Customizable fields for transaction
level detail reporting:
Filterable Fields:
› MID
› Terminal ID
› Card
› Settled Amount
› Settled Date
› Trans. Amount
› Trans. Date
› Trans. Time
› Type
› Void
› GBOK/Batch ID
› Auth. Code
› Store Number
› Durbin Regulated
› Exchange Type
› Check Number
› Invoice
› Order Number
› Customer Defined
Field (ROC Text)
› Ticket Number
Sales Report.
You notice that one of your locations has a small but persistent discrepancy between the batches reported in your internal accounting system and the amount shown on your monthly statement. In an effort to stay on top of any chargebacks or downgrades, you start pulling the Sales report for that location every week so you can track settled batch totals and implement any business changes needed.
But that’s just the beginning…
You can track trends in your
batch totals for high-level
business operations analysis,
or go deeper with transaction
level data. Click individual batch
line items and research specific
transactions as needed.
Filterable Fields:
› Authorization Code
› Card Brand
› Card Number
› GBOK/Batch ID
› Invoice
› Location
› orderNumber
› ROC Text
› Settled Amount
› Settled Date
› Terminal ID
› Ticket Number
› Transaction Amount
› Void Indicator
Customizable fields for transaction
level detail reporting:
› MID
› Card
› Settled Amount
› Settled Date
› Trans. Amount
› Trans. Date
› Trans. Time
› Type
› Void
› GBOK/Batch ID
› Terminal ID
› Auth. Code
› Customer Defined
Field (ROC Text)
› Invoice
› Ticket Number
› Order Number
› Check Number
› Durbin Regulated
› Exchange Type
› Store Number
Card Report.
You decide you want to get a better understanding of the interchange fees you are paying for payment processing. Pull the card report to get a full picture of the cards being used across your locations. You can use this information to anticipate the fees you’ll pay this month and to see where downgrades may be occurring. Optimize your card processing when you have the data you need with the Card Report.
Using the Summary section,
you can quickly gain an
understanding of your top card
brands so you can anticipate
fees. Reference the transaction
detail for more information
across terminals along with
authorization information.
Filterable Fields:
› Authorization Code
› Card Brand
› Card Number
› GBOK/Batch ID
› Invoice
› Location
› orderNumber
› Payment Date
› Payment Number
› ROC Text
› Settled Amount
› Settled Date
› Terminal ID
› Ticket Number
› Transaction Amount
› Transaction Type
› Void Indicator
Customizable fields for transaction
level detail reporting:
› MID
› Terminal ID
› Card
› Settled Amount
› Settled Date
› Trans. Amount
› Trans. Date
› Trans. Time
› Type
› Void
› GBOK/Batch ID
› Auth. Code
› Store Number
› Durbin Regulated
› Exchange Type
› Check Number
› Invoice
› Order Number
› Customer Defined
Field (ROC Text)
› Ticket Number
Transaction Drawer.
An addition feature of the Payments, Sales and Card reports is the Transaction Drawer. Once you locate a transaction of interest, you can drill down to additional detail by clicking on the transaction detail line item.
Once you click the line item, the transaction
drawer will appear on the right side of the
browser window. You can do additional research
on how the card type, how the card qualified on
the interchange, and authorization details.
Addition fields included:
› Cardholder Amount
› Conversion Rate
› Transaction Date
› Settlement Date
› Payment Date
› Card Brand
› Card Type
› Card Number
› Invoice
› Custom
› Customer Defined Field
(ROC Text)
› Ticket Number
› Order Number
› Reference Number
› Merchant Batch
› GBOK#
› ARN
› Auth Approval Code
› Settled POS Entry Mode
› AVC Response Code
› Terminal Id
› Qualification
› Wallet Provider
Authorizations Report.
Your employees noticed an increase in card rejections. They want to discuss ways to improve card acceptance to streamline business operations. You can quickly pull the Authorizations Report for the last month to see how authorizations are trending, and isolate outliers that may be causing the uptick in card rejections.
See transaction level details so you can see if a specific card brand, date or time is causing abnormalities in card authorizations. Monitor AVS Responses to see if one response is occurring more often than others. The report comes with all available fields already included in the default view but can easily be merged with other reports by exporting the data to Excel.
Filterable Fields:
› Authorization Amount
› Authorization Code
› Authorization Date
› AVS Response
› AVS Type
› Card Brand
› Card Number
› Location
› Response Code
Fields included in this report:
› MID
› Card Brand
› Card Number
› Expiration Date
› Authorization Date
› Authorizationn Time
› Authorization Amount
› Authorization Code
› Response Code
› Encrypted
› AVS Response
› AVS Type
Downgrades Report.
Your store manager puts a meeting on your calendar to discuss the increase in downgrades one of your locations has experienced in the last quarter. In preparation for the meeting, you want to get a holistic understanding of your downgrades: the total for the specific location, how it compares to the rest of your portfolio and the top downgrade reasons.
Pull the Downgrades Report and be ready for your meeting.
You can quickly review the
summary report that gives you
a snapshot of the total number
of downgrades each business
has experienced during the time
period specified. Click the line item
for the business of interest to get
an itemized list of downgrades.
Filterable Fields:
› Interchange Date
› Location
› Reason Code Description
Customizable fields for transaction
level detail reporting:
› MID
› City
› State
› Zip
› Card Number
› Card Type
› Transaction Amount
› Transaction Currency
› Transaction Date
› Interchange Date
› Settled Date
› Payment Date
› Qualification
› Reason Code
Description
› A separate Column for
each Reason Code
Description
Chargebacks Report.
You are working through disputes for the month, determining which you want to contest and which appear to be legitimate errors. You can prioritize your efforts with deadline data and chargeback reasons to ensure your focus on critical items
Use the Summary section to
quickly determine the number of
chargebacks you have, grouped
by reason. Notice trends in
disputes so you can address the
situation before it happens again.
If you need additional detail in
individual disputes, click the line
item to see each transaction.
Filterable Fields:
› ARN
› Card Brand/Reason
Code
› Card Number/Token
› Case ID
› Case Stage
› Chargeback Amount
› Financial Action Date
› Location
Customizable fields for transaction
level detail reporting:
› Case ID
› MID
› Case Stage
› Response Expiration
› Financial Action
Amount
› Currency
› Financial Action Date
› Card Brand/Reason
Code
› Reason Code
Description
› Customer Defined
Field (ROC Text)
› ARN
› Card Number
› Customer Defined Inv/
Ticket #
› Original Transaction
Amount
› Original Transaction
Date
› Currency
› Transaction Time (ET)
› Received Date
› Respond By Date
› ROC Text
› Transaction Date
Retrieval Report.
As you work through a dispute, you contact the person who initiated the transaction to provide additional detail to help refresh their memory.
Apparently, the person made the purchase a few weeks ago, and had forgotten the details. Good news: now that you’ve reminded them about the specifics of the transaction, they’ve withdrawn their dispute.
View Retrievals from a high-level
on the Summary report, grouped
by reasons. Click each line item
to see more transaction details,
including reason descriptions
and response expiration dates.
Filterable Fields:
› ARN
› Authorization Code
› Card Brand/Reason
Code
› Card Number/Token
› Case ID
› Location
› Received Date
› Respond By Date
Customizable fields for transaction
level detail reporting:
› Case ID
› MID
› Response Expiration
› Fulfilled Date
› Retrieval Amount
› Currency
› Card Brand/ Reason
Code
› Reason Code
Description
› Customer Defined
Field (ROC Text)
› ARN
› Auth Code
› Card Number
› Currency
› Date Received
› Original Transaction
Amount
› Original Transaction
Date
› Retrieval Date
› Retrieval Amount
› ROC Text
› Transaction Date
Bank Lookup.
As you investigate your chargebacks, you realize you need some additional information from the issuing bank. Rather than navigating to a new window or tab to search for the information, you can use the Bank Lookup in Payments Insider©. Just type the first 6-digits of the card number into the search box and Payments Insider© will return the issuing bank contact information.
The Bank Lookup gives you all the useful information you need to be able to conduct research with the Bank. You can see the regular Mailing Address, in addition to the Chargeback and Retrieval Address. Easily access the contact information for all the people you may need to follow-up with as you do your chargeback research, even after hours.
/
Data at Your Fingertips
1 Payments Core 365
Payments Core 365 –
The Payments Intelligence You Need Delivered Daily
/
Key Data Categories for Granular Analysis
2 Payments Core 365
Payment/Fund Data
Batch Data
Transaction Data
Payments details that reconcile to your DDA(s)
Item-level detail for each batch lets you quickly see additional events that post to your account
Transparency into card, interchange and other custom details on each transaction
/
Detailed, Actionable Data:
3 Payments Core 365
PAYMENT_REFERENCE
PAYMENT_DATE
ACCOUNT_NUMBER
ROUTING_NUMBER
FUND_AMT
BATCH_REFERENCE
BATCH_TYPE
CUSTOMER_BATCH_REFERENCE
CUSTOMER_NAME
MERCHANT_NUMBER
STORE_NUMBER
CHAIN
BATCH_AMT
AMOUNT
CARD_TYPE
CHARGE_TYPE
CHARGE_TYPE_DESCRIPTION
CARD_PLAN
CARD_NO
TRANSACTION_DATE
SETTLEMENT_DATE
AUTHORIZATION_CODE
CHARGEBACK_CONTROL_NO
ROC_TEXT
TRN_ACI
CARD_SCHEME_DATE
CARD_SCHEME_REF
TRN_REF_NUM
SETTLEMENT_METHOD
CURRENCY_CODE
CB_ACQ_REF_ID
CHGBK_RSN_CODE
CHGBK_RSN_DESC
MER_REF
CUST_COD
TRN_ARN
TERMINAL ID
Payment/Funds Data
Batch Data
Transaction Data
/
Drill Down Into Your Data
4 Payments Core 365
Payments Core 365 –
The Payments Intelligence You Need Delivered Daily
/
Adjustments
5 Payments Core 365
Helpful in prioritizing follow-up
research and exception
processing tasks:
Location
Date
$ Amount
/
Billing
6 Payments Core 365
Quickly close your periodic
financial reports on Day 1
following your business cycle
close.
Utilize metrics, like ‘Cost Effective
Rate’ by location to understand
location performance in
conjunction with your closing
process.
Monitor for any spikes that may
show increased downgrades, etc.
/
Chargebacks
7 Payments Core 365
Organize and prioritize
tactical response to
chargebacks based on:
• $ Amount
• Location
• Reason
• Deadline
Prevent chargeback loss
due to missed deadlines
/
Deposits
8 Payments Core 365
Easily reconcile
locations’ sales
and refunds to
bank deposits and
withdrawal activity.
/
Information Your Way
9 Payments Core 365
Payments Core 365 - The Payments Intelligence You
Need Delivered Daily
/
Data File Formats
10 Payments Core 365
1. Delimited CSV File – Pipe,
Comma, etc. – default format
2. Delimited Flat File – Pipe,
Comma, etc.)
3. Hierarchical– Most efficient in
transport and storage
2 1
Delimited Flat File
Delimited CSV File
Hierarchical File
EXHIBIT “B”
ATTACHMENT B
BANK’S PROPOSAL/ SCOPE OF SERVICES
DATED: July 14th, 2026
City of Los Alamitos ECR will not fall below 1.25% over the 5-year contract term.
Proposed $25,000 conversion credit, can be applied toward ERP and Tyler INCODE 9 integration expenses.
EXHIBIT “B”
ATTACHMENT B
EXHIBIT “B”
ATTACHMENT B
EXHIBIT “B”
ATTACHMENT B
MERCHANT SERVICES
BMO Payment Solutions by Elavon proposes two pricing options:
Option 1 - Service Fee:
Our Service Fee pricing program would allow the City of Los Alamitos to offset the cost of acceptance. With the cardholder’s authorization, they would agree to pay a Service Fee of 2.75% should they want to pay with credit/debit cards. The City of Los Alamitos would not pay any processing fees, zero cost processing.
Option 2 – Interchange & Assessments Fees plus:
The pricing for Visa, MasterCard and Discover transactions will be based on the Pass-Through of those Associations’ respective Interchange & Assessments Fees (cost) plus 0.15% fee.
EXHIBIT “B”
ATTACHMENT B
One-Time Fees / Per Merchant Account
Set-up/Reprogramming Fee $WAIVED
Monthly Fees/Per Merchant Account
Monthly Minimum $WAIVED
PCI Security Program Fee $10
Per Occurrence Fees
Chargeback/Retrieval Fee $15
NSF/Returned Item Fee
(not a refund or credit to card holder) $20
Voice Authorization Fee $0.85
Per Authorization Fee $0.10
BMO Payment Solutions by Elavon offers a variety of standalone terminal solutions. We are happy to have a conversation with the City of Los Alamitos to identify which terminal would best fit the City of Los Alamitos’ needs.
We will provide to the City of Los Alamitos four terminals at no cost. Converge fees for the online gateway are also waived for the City of Los Alamitos.
All our terminals offer the following features and payment types:
Credit, PIN debit and Electronic Benefit Transfer (EBT). Contactless payment capabilities that provide your customers convenience when paying with cards, key fobs and digital wallets, such as Apple Pay.
Support for EMV and magnetic stripe cards.
PIN entry device (PED)-compliant PIN pads that meet security standards set by the Payment Card Industry (PCI).
Available security enhancements that provide PAN (primary account number) encryption and tokenization functionality.
Quick Payment Service (QPS) that allow a “no signature” option for qualifying transactions. An automated download feature that keeps your payment application up to date with the latest enhancements.
Back-lighted keyboards for increased usability in dimly lit environments.
The Ingenico Desk/3500 offers a seamless payment experience. It leverages the Telium application portfolio and complies with future security standards.
The Ingenico Move/5000 is a game changer, opening the portable payment terminal to a new world of business apps.
Purchase Options:
Terminal Purchase Option (each): Monthly Rental Option
(each):
EXHIBIT “B”
ATTACHMENT B
Ingenico Desk 3500 $270 $10
Ingenico Move 5000
Bluetooth
$779 $25
Ingenico Move 5000 w/ Wi-Fi $779 $25
Wireless Option:
Purchase Price (each): Monthly Fee (each):
ATT 250 Direct SIM Card $20 n/a
Wireless Monthly Fee n/a $20
BMO CORPORATE CARD
Our full range of commercial card products and electronic payment solutions can help you streamline payment processing, improve control, and drive costs out of your organization. As a leading North American issuer of Commercial and Corporate cards, you'll benefit from unsurpassed global acceptance, detailed transaction data, and best-in-class online reporting tools.
Incentive Potential
(Year 1)
Incentive
Potential
(Full Term)
(1) Total Potential Incentive (see details below) $27,950 $119,750 (2) Bonus Payment
$5,000 $5,000
BMO Bank will pay a Contract Bonus of $5,000 for executing a 5 year term. (3) Performance Incentive $22,950 $114,750
An annual incentive will be paid based on number of Customer Held Days (CHDs) and total annual Charge Volume.
Annual Charge
Volume
US One Card Basis
Point Rebate at 15
CHD
$500,000 1.51%
$1,000,000 1.52%
$1,500,000 1.53%
$2,000,000 1.54%
$3,000,000 1.55%
Charge Vol. assumption $1,500,000
CHD Base Input 15
Product Offer
Products Annual Volume Total Cards Rewards Annual Fee
USA BMO One Card $1,500,000 38 No Waive
Terms and Conditions (1) This proposal is based on the above card type, spend, liability and Rewards eligibility assumptions. If the actual program is set up or maintained differently than stated below, the Bank reserves the right to modify incentives offered.
Corporate Card program offer for City of Los Alamitos based on a 5 year term Offer Valid Through 11-Aug-26
Treasury & Payment Solutions
EXHIBIT “B”
ATTACHMENT B
(2) BMO Bank will pay a Contract Bonus based on executing a 5 year term.The incentive will be paid within 90 days after the effective date of the Agreements. For any contract year in which annual volume does not reach $500,000 Customer shall refund to BMO Bank a prorated portion of 1/5 of the Contract Bonus. (3) This incentive will be paid within 60 days after the end of each contract year. All charge volume associated with large ticket spend will qualify for rebates but will be paid at 85 basis point (bps). Annual charge volume will be calculated as purchases less returns, credits, ATM, Warehouse and cash advances. For all transactions passed by the merchant(s) through the Transaction Processor classified as the following transaction types: Data Rate III, International (standard and other non-large ticket), and Charities, the bank will pay 100 basis point (bps). The Transaction Processors definition of the transaction types noted may change during the term of this Agreement and will be adjusted accordingly to match the definition for rebate calculations. Transaction Processors negotiated supplier rates: The Bank will pay 0 basis points on transaction volume derived from Transaction Processors negotiated supplier rates. Extend Virtual Card volume: Transaction volume incurred on a Virtual Card issued through third-party Extend (“Extend Volume”) as a Vendor Payment Solution will be included to determine the applicable Annual NTV tier at which the Rebate will be paid but the Rebate earned on Extend Volume will be paid at 100% of the Earned Incentive Rate.
If experience or cost of funds varies significantly, pricing is subject to change.
Customer Held Days (CHDs) are the average number of days between the time billing statements are generated and the time payment is received from the Customer. Rebates are net of credit losses from all products.
Early Payment Incentive 0.5 basis point (bps) will be added to the Earned Incentive Rate for every CHD less than 15 that the Customer and their Cardholders remit payment. 1 bps will be subtracted from the Earned Incentive Rate for every CHD greater than 15 up to 30 CHD that Customer and their Cardholders remit payment. If average annual CHDs exceed 30, no incentive will be paid. The Earned Incentive Rate is the Basis Point Rebate adjusted for the Early Payment Incentive. Any rates offered as part of this proposal in respect of Large Ticket Spend, Data Rate III, International, Charities and Transaction Processer negotiated supplier rates that are paid as flat bps and not a percentage of specified volume transaction are not subject to adjustment by the Earned Incentive Rate or other adjustments provided in the Corporate Card Agreement.
Rebate Adjustment: Any 50 bps +/- change in the US Federal Funds Rate will impact the listed rebate rate by - /+4bps.
The first contract year shall commence on the effective date of the Agreement and continue for a period of fourteen (14) months. Each contract year thereafter shall be a period of twelve (12) months Charges incurred in a foreign currency will be converted into local currency at the applicable conversion rate plus a fee as set forth in the applicable Customer Agreement, currently 2% of the converted amount. This includes the currency conversion fee charged by the Association. Settlement Period means the average number of days between the time that billing statements are generated and the time that the Bank receives payment. © 2026 Bank of Montreal. This document contains trade secrets and proprietary and confidential information of Bank of Montreal and its affiliates. Use for any purpose other than for which this document was provided by Bank of Montreal, or reproduction, distribution, or disclosure of this document, in whole or in part, or any information contained herein without the express written permission of Bank of Montreal is prohibited. 2026PODv7.12 ID: RROS593537City
CITY OF LOS ALAMITOS
REQUEST FOR PROPOSALS - 2026-01
COMPREHENSIVE BANKING
SERVICES
PROPOSALS DUE
MARCH 26TH, 2026 – 5:00 p.m.
Craig Koehler
Finance Director,
City Treasurer
Barbara Biscocho
Finance Manager
City of Los Alamitos
3191 Katella Ave
Los Alamitos, CA 90720
2 Table of Contents
City of Los Alamitos
Request for Proposals (RFP) 2026-01
Banking Services FY2026
Section
Page
I Introduction 3
II Description of the City of Los Alamitos 3
III RFP Requirement and Minimum Qualification 4
IV Evaluation Procedures and Award Criteria 13
V. Confidential Information 13
VI. Additional information and contact 14
3 CITY OF LOS ALAMITOS
REQUEST FOR PROPOSALS
COMPREHENSIVE BANKING
SERVICES
I. INTRODUCTION
A. GENERAL INFORMATION
The City of Los Alamitos is requesting proposals from qualified public depositories (a state or national bank located in California, as defined by Section 53635.2 of the California Government Code) to provide comprehensive banking services.
The bank must be a member of the Federal Reserve System. The bank must be a Federal or State of California chartered bank and in good standing among comparable banks.
The City intends to select a bank (“bank”) to provide the services listed below.
1. General Banking Services
The RFP does not cover corporate trust services related to debt issued by, on behalf of, the City. Such services would be included in separate Fiscal Agent Agreements associated with such debt.
There is no expressed or implied obligation for the City of Los Alamitos to reimburse responding firms for any expenses incurred in preparing proposals in response to this request.
To be considered, three(3) copies or an email of a proposal must be received by Barbara Biscocho, Finance Manager, at 3191 Katella Ave, Los Alamitos, CA 90720, on or before 5:00 P.M. on MARCH 26, 2026. NO LATE PROPOSALS WILL BE ACCEPTED.
During the evaluation process, the City of Los Alamitos reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers or to allow corrections of errors or omissions. At the discretion of the City of Los Alamitos, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.
The City reserves the right to retain all proposals submitted and to use any idea(s) in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this RFP and the resulting Professional Services Agreement. If there are any exceptions to or deviations from the terms of the Professional Services Agreement (Exhibit B), they must be specifically noted in the proposal submitted. Where a responding firm proposes alternatives to the City’s contractual requirements, these should be thoroughly explained. While exceptions will be considered, the City reserves the right to determine that an offer is non-responsive based upon any exceptions taken. The City reserves the right to deny any material exceptions to the contract. If no contractual exceptions are noted, the firm will be deemed to have accepted the form of the contract requirements set forth in Exhibit B.
The City anticipates that the selection of a firm will be completed by May 14th, 2026, with a contract to be authorized by the Los Alamitos City Council at its meeting on June 15th, 2026. The City reserves the right to reject any or all proposals, to waive any non-material irregularities or information in any proposal, and to accept or reject any items or combination of items.
II. DESCRIPTION OF THE CITY OF LOS ALAMITOS
A. BACKGROUND INFORMATION
The City of Los Alamitos is located in the northwest portion of Orange County, approximately 30 miles from downtown Los Angeles and 10 miles from Anaheim. It serves an area of 4.3 square miles with a population of approximately 12,000. The City’s fiscal year begins on July 1 and ends on June 30.
The City of Los Alamitos was incorporated on March 1, 1960, as a Charter City which operates under the Council/Manager form of government. The City government is divided into seven departments: City Council, Administration (comprising the City Manager, City Clerk, and Human Resources), Finance, Police, Development Services, and Recreation and Community Services. The City provides many services, including police protection, construction and maintenance of streets and other infrastructure, public improvements, planning and zoning,
4 recreational activities and cultural events, and general administrative and support services. The City contracts for fire protection services.
III. RFP REQUIREMENT AND MINIMUM QUALIFICATION A. MINIMUM QUALIFICATIONS The Request for Proposal (RFP) solicits proposals from qualified, experienced, financially sound, and responsible firms to provide the City with comprehensive banking services.
To be considered for selection, proposing banks must have at least the following qualifications:
Be a banking institution as defined by Section 53635.2 of the California Government Code. Be in compliance with Section 53649 and 53630 et seq of the California Government Code. Be a member of the Federal Deposit Insurance Corporation. If your institution is not insured by the FDIC, please disclose your association and how you are insured. Be a qualified State of California depository for public funds (including being an approved LAIF depository) and meet all California government codes. Be a full-service bank in good standing among other comparable banks and have a service location within 10 miles of the City of Los Alamitos.
Be capable of providing the services sought by the City, including a wide range of electronic payment and deposit services.
Agree to assign experienced and dedicated staff committed and capable of servicing the City’s account. Be sufficiently capitalized to accommodate the City’s cash/investment management needs. Depository services online, such as stop-payment, positive pay services, and lockbox services, online image retrieval, branch deposits, ACH debit/credit services, are among the services that must be included with online access.
The ability to interface with a governmental City ERP system, Tyler INCODE 9 or 10, among other governmental ERP systems.
B. PUBLIC FUNDS COLLATERALIZED REQUIREMENTS
The successful financial institution shall comply with all applicable provisions of the California Government Code, including Sections 53630 et seq., 53635.2, and 53649, regarding the safeguarding of public funds.
All City deposits in excess of applicable Federal Deposit Insurance Corporation (FDIC) insurance limits shall be collateralized at no less than one hundred ten percent (110%) of the City’s total ledger and/or collected balances, as required by law or City policy, whichever is more stringent.
Collateral pledged to secure the City’s deposits shall meet the following requirements:
i. Collateral shall be held by an independent third-party custodial institution that is not affiliated with the depository bank.
ii. The City of Los Alamitos shall be named as the legal beneficiary of the pledged collateral. iii. Collateral shall be valued daily at market value, and substitutions shall be made promptly to ensure continuous compliance with collateralization requirements. iv. The financial institution shall be responsible for all costs associated with collateralization, safekeeping, valuation, and reporting.
v. Acceptable collateral shall be limited to those instruments authorized under California Government Code Section 53651 and related statutes.
vi. The bank shall provide the City with monthly collateral reports, and additional reports upon request, detailing the type, par value, market value, and CUSIP of all pledged securities. vii. Failure to maintain required collateralization levels at any time shall constitute a material breach of the banking services agreement.
5 C. PROPOSAL CALENDAR
The following is a list of key dates up to and including the date proposals are to be submitted:
Date Activity
January 20, 2026: Request for Proposal issued
March 26, 2026: Due date for proposals (due by 5:00 p.m.) May 14th, 2026: Successful banking firm notified
June 15th, 2026: Contract awarded by City Council
D. PROPOSAL FORMAT
To achieve a uniform review process and obtain the maximum degree of comparability, it is required that the proposals be organized in the manner specified below.
Introductory Section: Title Page – show the RFP subject, the name of the proposer institution, business entity type, local address, telephone number, name, title, and email address of contact person, and date of submission.
Letter of Transmittal (limit to two pages) – Briefly state the proposer’s understanding of the services required and affirm that the submitting entity meets the minimum qualifications and offers each of the required services as listed in Section III (A) of this proposal. Provide name(s) of the person(s) authorized to make representations for the proposer, title(s), street and email addresses and telephone number(s).
The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the RFP. While additional data may be presented, the area detailed below must be included. They represent the criteria against which the proposal will be evaluated.
All banks are encouraged to respond creatively and innovatively to this RFP. Discuss any creative pricing or payment options the bank can provide. Describe alternative approaches to the requested services, where possible, or additional services offered or recommended that may not be specifically required but benefit the City.
E. QUALIFICATION EXPERIENCE
To qualify, the entity must have extensive experience in providing banking to local governments. To demonstrate this experience, the proposal must:
Provide a general overview, including governmental client service philosophy and a brief history of your organization, including parent and/or subsidiary companies, and the number of employees. Describe the bank’s experience in providing services to the public sector. Include a description of exclusive resources dedicated to the public sector, the number of governmental clients in California, types of services offered, and the bank’s knowledge of and adherence to the California Government Code. Please disclose and explain any significant negative events the bank has had in the last five years, including criminal charges, civil litigation, or administrative actions involving allegations of securities or banking law violations by the bank or its employees. Please comment on the resolution and/or status of the actions, as well as any necessary remedial actions.
Provide the address of the branch location(s) no farther than a 10-mile radius of the City of Los Alamitos, which will service the account.
6 Disclose if your organization has a government service division and the number of years this division has been in operation.
Complete the following table with current credit ratings by Standard & Poor’s Rating Services and Moody’s Investor Services. If the proposer is not rated by these rating organizations, provide other evidence of the institution’s financial strength.
Discuss the firm’s current capital structure, adequacy, and coverage. Provide the following statistics for the last reporting period:
1. Total Risk Based Capital Ratio: _____
2. Tier 1 Risk Based Capital Ratio: _____
3. Tier 1 Leverage Capital Ratio: _______
Include a website link or an electronic copy of the last two audited annual financial statements Include a website link or an electronic copy of the last four quarters of FDIC call reports. Provide at least three local governmental references that are of similar size (i.e., scope of service utilization) as the City. Please provide:
1. Contact name and title
2. Name and address of the government
3. Phone number and e-mail address
4. Services provided
5. Number of years as a customer
F. RELATIONSHIP MANAGEMENT
1. Provide the name, title, address, phone number, and email address of the primary contact person(s) assigned to this account.
2. Describe your firm’s policy on changing the primary contact person to an account.
3. Name the individual who will work with the City on a day-to-day basis. a. Information should include:
i. Biographical information
7 ii. Experience working with other governmental entities iii. Proposed role concerning the City’s account
iv. Number of years of experience in this field
v. Number of years with your bank
vi. Describe the level of local decision–making authority these individuals have to handle emergency needs of the City as they arise.
4. Will a specific customer service representative/Government Services Division be assigned to handle day‐to‐day transactions for the City? a. Describe the responsibilities of the customer service personnel, including the chain of command for problem resolutions.
a. Is local customer service support available at the bank’s local branches? b. What are the hours of operation of each customer service unit involved in supporting the proposed services?
c. If the City discovers any error, how would you propose to resolve it (i.e., who should the City contact? G. GENERAL BANKING SERVICES
The City plans to utilize six bank accounts: General Checking, Municipal Investment Checking, Citations, Workers Comp – CIPA, Workers Comp -CSAC, and an Investment Custodial Account.
Services required include:
ACH Debit and credit services
ACH debit block
Branch deposits for cash
Check scanning services for a desktop check scanner and a remote check deposit Depository services such as online stop payment
Positive pay service
Electronic Fund Transfers – ACH and wires
Electronic banking, including balance reporting, check inquiry, ACH transmission, wires, and stop payments. Purchasing Card Program
Credit Card terminal services
Online Image retrieval
2FA authentication for ACH/Wire transmittal and approval or authenticator application Secure online banking payments collected
Integration with third-party ERP governmental systems such as TYLER INCODE version 9 or 10. Mobile phone accessibility and user capabilities
1. Deposit Services
a. Please provide a listing of bank branches within the City limits. b. What is the ledger cutoff time for deposits?
c. How are deposits credited? Are all items immediately verified? If provisional credit is given, when does verification take place? How will the City be informed if the bank corrects a deposit?
2. Returned Item Processing
a. Can items returned for insufficient or uncollectible funds be automatically re-deposited? If so, how many times?
b. Does the bank offer any options that may increase the collection of NSF checks? c. Can the bank provide online access to electronic images (back and front) of returned items? How soon can these images be accessed?
d. Can the bank provide a summary report of returned items identifying the payer's name, depositing location, deposit date, and the type of item returned?
3. Availability of Deposits
a. Provide a copy of the bank’s availability schedule, including branch deposits.
8 b. Is the schedule offered to the City the best one for any customer? If not, quantify the difference and explain how the City may obtain the bank’s best availability schedule. c. How does the bank determine and calculate the availability of deposited items? d. Do the availability policies differ from the Federal Reserve Bank availability schedule? e. Does the bank give immediate availability for on‐us items? f. Does the bank calculate the availability by item or formula? g. Is the availability assignment made as soon as checks are released for collection, or is the assignment made at specific times during the day?
h. List your cutoff times for giving same‐day value on EFTs (e.g., wire, ACH/bulk) received. How soon after the bank gets incoming funds (e.g., wire, ACH/bulk) or notification of incoming funds does the City receive credits in its account?
4. Positive Pay
a. Does the bank offer Positive Pay and Payee Positive Pay? b. Please provide sample reports or a website link.
c. Please provide the transmission method and time windows. d. Describe the process and deadline for transmitting AP and payroll check issuance information from the City to the bank.
e. How frequently can transmission files be uploaded to the bank to issue additional checks and recently voided items? Is there a daily limit on the number of files? f. Does the bank offer the ability to enter one-time check disbursements issued during the day manually? Please describe.
g. What controls are in place to protect against lost files and duplications of transmissions? If duplicates are sent, is there a penalty or potential issue? h. How and when will the City be notified of exception items? When must the City inform the bank whether an exception should be accepted or rejected? Does the bank offer a “do not pay” default for exception items?
i. Will stale-dated checks be reported as exception items? j. How many days would a check be considered stale-dated? k. Is Positive Pay required for all demand deposit accounts, even those without check-writing functionality? Can account(s) be designated as “post no checks” to prevent potential fraud? Is there a cost to make this account designation?
l. Is Teller Positive Pay available? How frequently is check issuance information updated and made available to tellers?
m. Are there any other fraud protection services that the bank provides or recommends?
5. Automated Clearing House (ACH) Processing
The City utilizes ACH debits and credits as part of its electronic service. It includes direct deposits for payroll disbursements and collections for utility billing accounts. It is also considering utilizing the ACH function more extensively to pay future invoices and bills as part of our collective process of transitioning to paperless check issuance.
a. Is the bank both a sending and receiving bank of the National Automated Clearing House Association (NACHA)?
b. How can the City submit ACH files or initiate ACH via bank software? c. What are the transmission cut-off times for one-day and two-day ACH files? d. Describe the procedures used to confirm accurate and secure receipt of the transmission. e. What would happen to an ACH file if the City exceeds its daily exposure limit? f. How are returned and rejected ACH transactions handled? What information does the bank provide to assist in identifying returned and rejected ACH transmissions? When is this information available?
g. Is your bank planning to opt in and participate in processing same-day ACH debits?
h. Describe the bank’s procedures for handling debits to the City’s accounts that the City did not authorize. How soon does the bank notify the City of receiving an unauthorized ACH debit?
9 i. If the bank provides ACH debit blocking, what level of filtering can be applied? j. Does the bank offer ACH Positive Pay (the ability to make pay/no-pay decisions on unidentified ACH transactions)?
k. Does the City have any experience with a third-party to handle Vendor Payments via ACH?
6. Reconciliation Services
a. Does your bank offer Account Reconciliation Program (ARP) services? Please discuss options (full, partial, deposit, and serial sort) for reconciliation services, including:
i. File transmission deadlines
ii. File layout requirements
iii. Imaging capabilities (e.g., paper, electronic)
iv. System requirements for the interface.
v. Provide sample reports for all options.
b. Are the systems integrated for checks, ACH, and wire transfers? If so, describe. If not, explain any plans for integration.
c. Describe how reconciliation data is transmitted to the City to an eligible ERP system.
7. File Transfer
a. How are file transfers initiated? In what formats is the information available for retrieval? b. Do the means to connect to the bank’s systems vary by transaction type? c. Does your system provide electronic confirmation of receipt for file transmissions? d. Is there an existing interface with the City’s financial system, Tyler Incode 9 or 10, or would a custom interface need to be developed? Will there be a charge for the interface? e. How is connectivity initiated? What protocols are used to facilitate the interface? f. Describe the bank's process to verify that all records have been received and processed. g. What controls are in place to protect against lost files and duplicate transmissions? How will the City be notified of a duplicate file?
8. Overnight Investment/Investment Sweep
The City is considering an automated service that accommodates zero balances in the accounts daily and a sweep or other vehicle for investing excess funds.
a. Describe your policy and processes.
b. What short-term investment vehicle(s) does the bank propose to use for the overnight investment or sweep of the City’s demand deposit accounts?
c. Does a reserve requirement apply to these proposed options? d. Will the bank assess FDIC, FICO, or other charges to the City? If so, what is the annual fee for a $1 million balance? How is this charge computed? Is it assessed on a ledger or collected balances? e. Provide investment return history for the previous three years for each option proposed. Show the yield for each.
f. Describe your policy for crediting interest earned to demand accounts. g. What time of day is the sweep deadline? Is it an end-of-day or next-day sweep? h. What kinds of fees are charged to sweep funds into the proposed investment vehicle(s)? How is the fee calculated?
i. If the bank proposes a money market mutual fund, provide a copy of the current prospectus and identify the class of shares, including the ticker
symbol or CUSIP.
j. What collateral, if any, is provided to protect balances on the investment sweep?
9. Earnings Credit Rates (ECR)
a. What are the options for compensating your bank, i.e., direct fees, compensating balances, or a combination of both? Is the price the same for either option? If not, what is the difference? If on a fee basis, can excess balances be used to offset activity charges partially? Will earnings credit on collected balances over those required to pay expenses incurred in any month be carried forward to offset future bank charges? Provide the bank’s ECR for the compensating balance method of payment.
10 b. .How is your bank’s earnings credit determined, adjusted, and applied? Please include in the explanation the impact of the bank’s reserve requirement and the formula for converting service charges to balance requirements.
c. Provide monthly rate history for the last two years. d. What is the bank’s current earnings credit rate? Are you willing to lock in a “floor” earnings credit rate? If so, for how long?
e. Are you willing to link the earnings credit rate to a market index? If so, which index and what spread would you suggest?
f. Using the ECR for December 2025, please calculate the compensating balances (after float and reserves) needed to offset one dollar of the bank services. ($1 in services = $ in compensating balances.) g. What time frame does your bank use when reviewing balances for deficiency or excess (e.g., rolling 12- month average, calendar quarter, calendar year, etc.)?
10. Merchant Services / secured E-Payments
The City accepts debit cards, Visa, MasterCard, Discover, and American Express, and is also considering ewallet payments (such as Apple Pay/Google Pay) for various fees and permits. Currently, we are utilizing thirdparty merchant services and would like to reevaluate our current relationship to include our banking services as the provider. The City has issued approximately 38 Bank credit cards to staff members, with each card having a maximum.
The banking institution shall supply the appropriate supplies and equipment for online verifications. Please describe:
a. The financial institution’s process.
b. The Point-of-Sale processing capabilities.
c. Software provided. Is support and training available? d. What authorization methods do you support, and which do you recommend? e. Please quote a discount rate and all other applicable charges for the credit card processing described above.
Please include rates for both swiped and non-swiped transactions. f. Clearing time lag between deposit and posting.
g. What is the allowable percentage of downtime and notification of downtime periods? h. Guarantees against "downtime" with services.
i. What are the fees associated with debit and credit card transactions? j. How is the applicable interchange fee determined for each transaction? What does the financial institution recommend for minimizing interchange fees?
k. What is the reporting methodology and the availability of reports? l. How are adjustments and chargebacks handled? Are chargebacks and other debit adjustments netted from daily proceeds or debited separately? Is the discount fee refunded when a chargeback or refund occurs? What is the rebuttal process?
m. What security features are available, including account number encryption and a purging policy? n. The bank's efforts to ensure Payment Card Industry (PCI) data security standard compliance and liability.
o. What type of point-of-sale terminals are required? What is the cost or lease options per terminal? p. Provide information on rewards or incentive programs associated with a business credit card.
11. Disaster recovery
a. Describe the bank’s formal and tested disaster recovery plan. b. How quickly will backup facilities be activated?
c. Describe the bank’s operating capabilities to assist the City in the event of a disaster or declared emergency.
12. Dispute resolution process
a. Describe your process for:
• Positive Pay
11 • Paper checks
• Payments and Deposits
• Lockbox
• Others
b. Are there any established turnaround times for research and adjustment items? If yes, please specify.
H. CONTROL
a. Specify whether the online capabilities are accessible 24/7. If not, list the hours of availability for each service.
b. Regarding Data Security and Anti-Fraud Procedures, describe your institution’s overall security system to safeguard the City’s funds, prevent fraudulent transactions, and identify and alert the City of irregular/abnormal transactions and transaction patterns. The institution shall partner in the City’s internal control framework for banking/cash handling-related functions. Please identify technologies you have in place that will assist the City in improving its internal control effectiveness.
c. Describe the electronic or manual system that provides the proposed services and backup and recovery capabilities. Who would the City contact to initiate day-to-day banking transactions if online capabilities and functionality are temporarily unavailable? d. Include a copy of the Service Organization Control (SOC) reports conducted under the Statements on Standards for Attestation Engagements No. 18 (SSAE 18) regarding controls. e. Describe the bank’s security procedures for its information reporting system for access and information protection.
f. Is system administration performed by the bank or the customer? What functions does the security administrator perform?
g. Is an audit trail report available, showing all activity, by whom, and when for each system? h. Describe the types of insurance and bonding carried. i. Include a copy of the bank’s most recent reports issued per the Statement on Standards for Attestation Engagements (SSAE 16) for any processes or systems relevant to the services under this RFP.
j. If not already covered in the SSAE 16 report, describe the disaster recovery plans for each proposed service for short- and long-term disaster and power failure recovery. k. Describe any additional security measures available to the City to minimize the risk of unauthorized transactions in its accounts.
I. SERVICE LEVEL AGREEMENT (SLAS)
The City of Los Alamitos requires the selected financial institution to meet defined service performance standards to ensure timely, accurate, and secure delivery of banking services. Proposers shall acknowledge and agree to the following minimum Service Level Agreements (SLAs) and describe their ability to meet or exceed them.
Failure to meet the SLAs may result in service credits, fee reductions, or other remedies as outlined below.
1. Availability and System Performance
Online banking systems shall be available no less than 99.5% of the time, excluding scheduled maintenance.
Scheduled maintenance shall be communicated to the City at least five (5) business days in advance and performed outside normal City business hours whenever possible. Emergency or unplanned outages shall be reported to the City within 30 minutes of detection, with regular status updates until resolution.
2. Transaction Processing and Cutoff Times
ACH and wire transactions submitted by published cutoff times shall be processed same day, without exception.
12 Incoming wires and ACH credits shall be posted and made available to the City within one (1) business hour of receipt.
Errors resulting in delayed posting or missed cutoff times attributable to the bank shall be corrected same business day, with written explanation provided to the City.
3. Fraud Detection and Resolution
The bank shall notify the City within one (1) business hour of detecting any suspected or confirmed fraudulent activity involving City accounts.
Fraud investigations shall be initiated immediately upon notification, with provisional credit issued within five (5) business days, where applicable.
Final resolution of fraud-related claims shall occur within ten (10) business days, unless extended by mutual agreement.
4. Research, Adjustments, and Disputes
Standard research requests (e.g., check copies, ACH trace requests, deposit discrepancies) shall be completed within three (3) business days.
Complex research items shall be resolved within ten (10) business days, with interim status updates provided weekly.
All adjustments resulting from bank error shall be processed promptly and without charge to the City.
5. Service Credits and Remedies
If the bank fails to meet the SLAs outlined above, the City may, at its discretion:
Receive service credits or fee reductions equal to the fees associated with the impacted service(s); Require corrective action plans;
Consider repeated SLA failures as a material breach of the banking services agreement. Service credits shall be applied automatically and shall not require the City to submit a formal request. The City reserves the right to review SLA performance during periodic relationship reviews and contract renewals.
J. IMPLEMENTATION/CONVERSION
a. Please provide a detailed implementation and conversion plan that identifies all tasks, estimated timeframes for the tasks, milestones, roles, and responsibilities for the City and Bank’s personnel. A list of the minimum anticipated deliverables, such as, but not limited to:
i. Configure bank account structure
ii. Implement electronic banking and reporting
iii. Configure and test file transmissions and electronic communication channels iv. Establish security and encryption protocol
v. Implement ACH debit blocks, where appropriate
vi. Implement other banking services as determined
b. If a conversion team is used, how will the City’s account be transitioned to the ongoing client service team?
c. Indicate your plan for initial and ongoing education and training for City employees using your systems.
K. NEW SERVICES AND IDEAS
a. Please explain how the bank plans to keep its product line competitive. Describe the approach the bank is taking in developing new services, what new services and features the bank plans to offer, and the estimated time frame.
b. Describe any services, technological enhancements, or otherwise, that the City should consider for improving operational or cash management processes.
13 c. Please provide any additional information your bank believes is pertinent but not explicitly requested elsewhere in the RFP.
L. CONTRACT/REPORTS TO INCLUDE IN THE PROPOSAL
a. A sample of the proposed contract for your bank’s services and all other documents that need to be signed/entered into related to the provision of the services requested in this RFP, including any documents referenced or incorporated into the contracts/agreements. b. Proposed custodial agreement for the collateral pledged to secure the City’s account under the FIRREA requirement.
c. Please send a sample report or a website link to the monthly bank statement, credit card processing statement, standard online reports, real-time query screens, and any other reports that we could expect to receive.
d. Is your bank willing/able to develop customized reports? If so, please provide specific pricing information.
M. LEGAL AND FIRM ISSUES
Please disclose and explain any significant adverse events in the bank’s recent history, including criminal charges, civil litigation, or administrative actions involving allegations of securities or banking law violations by the bank or its employees during the past five years. Please comment on the resolution and status of the actions.
N. PRICING AND INCENTIVES
Please provide an attached pricing form for all services described in your bank’s proposal using the Association of Finance Professionals (AFP) Service Codes, if possible. A list of services currently used with volume levels is provided on Attachment A. All fields must be completed; any blank or zero amounts in a field will mean no cost to the City. Fees related to all services described in the proposal must be listed, even if the service is not shown on the schedule. Also, include any one-time or set-up charges, research fees, minimum fees, and all other fees that will be charged. Include any incentives or price breaks offered based on volume, timeliness of payment, rebates, or other measures.
vii. Are you willing to offer any transition or retention incentives? viii. Are there any additional price breaks or incentives? IV. EVALUATION PROCEDURES AND AWARD CRITERIA
The proposals received will be evaluated to identify the financial institutions deemed fully qualified and best suited to the City's needs, per the factors listed below (not in priority order):
a. Bank and branch locations
b. Scope of services offered, including degree of automation c. Relevant experience managing similar services with governmental agencies d. Professional experience and qualifications of the individuals assigned to the account e. Responsiveness to proposal format and inclusion of all required exhibits/reports f. Local decision-making authority to handle emergency needs g. Financial strength and capitalization of the banking institution h. Adequacy of financial controls and security protection against loss i. Value of any new product or service suggestions, or other new ideas and enhancements j. Quality and scope of the conversion plan
k. Ability to provide services as outlined in the Scope of Services and quality of the proposal l. Quality of references
m. Best rate of interest paid historically on accounts (including evaluation of indexed rates) n. Best earnings credit rate (ECR)
14 o. Proposed cost
p. The level of connection and ties to the Los Alamitos community q. Understanding the needs and operational requirements of the City An in-house evaluation team will lead the selection process. The City will establish a shortlist of prospective proposers based on this preliminary evaluation. The final selection will be based on oral interviews and reference checks.
V. CONFIDENTIAL INFORMATION
All responses to this RFP become the property of the City and will be kept confidential until such time as recommendation for award of a contract has been announced. Thereafter, proposals are subject to public inspection and disclosure under the California Public Records Act. If a respondent believes that any portion of its proposal is exempt from public disclosure, such portion may be marked “confidential.” The City will use reasonable means to ensure that such confidential information is safeguarded but will not be held liable for inadvertent disclosure of such materials, data and information. Proposals marked “confidential” in their entirety will not be honored and the City will not deny public disclosure of all or any portion of proposals so marked. By submitting information with portions marked “confidential”, the respondent represents it has a good faith belief that such material is exempt from disclosure under the California Public Records Act and agrees to reimburse the City for, and to indemnify, defend and hold harmless the City, its officials, officers, fiduciaries, employees and agents from and against: (a) any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses including, without limitation, attorneys’ fees, expenses and court costs of any nature whatsoever arising from or relating to the City’s non-disclosure of any such designated portions of a proposal if disclosure is deemed required by law or court order. Additionally, the City may request that the respondent directly defend any action for disclosure of any information marked confidential.
VI. ADDITIONAL INFORMATION AND CONTACT
The submission of a proposal shall be prima facie evidence that the proposer has full knowledge of the scope, nature, quantity, and quality of work to be performed.
The City reserves the right, in its sole discretion, to reject any and all proposals and to accept the proposal it considers most favorable to the City's interests. The City may also waive minor procedural irregularities.
The contracting firm shall make itself available to management to answer questions related to proposed services. The successful proposer will be required to sign the standard City Professional Services Agreement, including meeting the City's minimum insurance requirements, which are included in Attachment B.
Once proposals have been submitted, no unsolicited contact from proposing firms and/or discussions concerning these proposals shall be made prior to the evaluation of all proposals.
The selected firm must possess a City of Los Alamitos business license while conducting any work under the awarded contract.
Proposers shall clearly mark any confidential information; however, the City does not guarantee confidentiality.
For further questions and additional information, please contact:
Barb Biscocho
Finance Manager
City of Los Alamitos
3191 Katella Ave
Los Alamitos, CA 90720
Phone: 562-431-3538 x212
[email protected]
Please note that the City of Los Alamitos office hours are 7:30 a.m. to 5:30 p.m., Monday through Thursday.
15 REQUESTS FOR CLARIFICATION - If any error, omission, ambiguity or conflict is discovered in the RFP or attachments, clarification can be requested via email to the Finance Manager no later than March 20th, 2026. Requests for clarification received after this date will be disregarded.
Attachment A
Depository Services
Monthly Volume -
Sample Proposed Unit
Price
Proposed
Monthly
Service
Charges
Notes
Account Maintenance Fee 4 -
Deposit Coverage
First 250 -
Next 902 -
Total 1152 -
Image Paper DDA Statement 1 -
Check Filter Montly Maint 1 -
Disbursement Services
Regular Checking Acct Check
Debit
582 -
Miscellaneous Services
Security Token 4 -
Account Analysis - Paper
Statement
1 -
E-Statement Download
CSV/Excel
3 -
E-Analysis Stmt (Cost Per
Access)
5 -
Balance Administative Fee 3339 -
Return Items Charged Back 10 -
Account Reconcilement
Positive Pay Only Maint 3 -
Positive Pay Only - per item 189 -
Issue Maint Confirm - per file 3 -
Tranmission input 3 -
Positive Pay Excetions 12 -
Positive Payee Monthly Maint 1 -
Positive Pay-Payee Per Item 173 -
Previous Day per item
Detail
Cday Det & Sum Mo Maint 5 -
Current Day per item Det 237 -
Previous Day Det & Sum Mo
Maint
-
First 1 -
Next 4 -
Disbursement Imaging
Index Retrievals 1950 -
Deposited Images-Retrieved 1 -
Check Volume-Inquiry Only 27 -
Inquiry Images Retrieved 11 -
Remote Deposit
Capture
Remote Dep-Deposit 16 -
Remote Dep-Check Items 147 -
Account Maintenance
Per Account 1 -
Bank Pricing Proposal
Submitted to the City of Los Alamitos
Attachment A
Depository Services
Monthly Volume -
Sample Proposed Unit
Price
Proposed
Monthly
Service
Charges
Notes
Bank Pricing Proposal
Submitted to the City of Los Alamitos
Per workstation 1 -
ACH Debit Received 136 -
ACH Credit Received 2 -
ACH Fraud Contol
Maintenance
2 -
ACH Origination 5 -
Prefunding Maintenance 3 -
Online ACH Items 672 -
Online ACH Reports 3 -
Online ACH Maintenance 3 -
ACH PPD Credit Pre-Notes 22 -
Electronic Data
Interchange
EDI/EFT Credits Rcvd 10 -
Domestic Wire Transfer
Wire Maint Fee 1 -
Domestic Wires Credits 2 -
Domestic Wires Debits 1 -
Internal Wire Transfers
Internal Wire DR Online EDI
Prefund
1 -
Online Banking
Online User Fee 14 -
Previous Day DR/CR Items 1279 -
Same Day DR/CR Items 1270 -
Balance Reporting Maint 1 -
Accounts Reported 7 -
Online Accounts-Same Day 7 -
Balance Reporting Archive 1 -
Easy Tax Account Maint. Fee 1 -
CSV Download 6 -
Automated Clearing House
Incoming Fed
Outgoing Fed
Balance Reporting
ATTACHMENT B 1
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into, to be effective this XX day of ______ xxxx (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and ____________, (“Bank”). City and Bank 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 public depository to provide comprehensive banking services (“Project”).
B. In response to City’s Request for Proposals, Bank has submitted to City a written proposal, dated xxxxxx, to provide comprehensive banking services for the Project.
C. Bank represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and expertise to provide the necessary services to the City and has agreed to provide such services as set forth herein.
D. City desires to engage Bank 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 BANK
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Bank shall provide those services set forth in Bank’s Proposal/Scope of Work, dated _______ __, 2026, and as set forth in City’s Request for Proposals, which are both attached hereto as Exhibit “A” and Exhibit “B”, respectively (“Scope of Services” and/or “Project Services”). Bank 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. Bank represents and warrants that it is skilled in the professional discipline necessary to perform the Project Services. Bank 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 the City.
1.2 Contract Documents; Resolution of Inconsistencies. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Bank’s, original
ATTACHMENT B 2
Proposal/Scope of Work dated _______________ submitted to City (“Bank’s Proposal”), and (3) City’s Request for Proposals, which shall all three be referred to collectively hereinafter as the “Contract Documents.” The Bank’s Proposal is attached hereto as Exhibit “A” and the City’s Request for Proposals is attached hereto as Exhibit “B” and are both hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2nd) terms, conditions, provisions and project requirements set forth in the City’s Request for Proposals (Exhibit “B”); and (3rd) the provisions of the Bank’s Proposal (Exhibit “A”).
1.3 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. Bank shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Bank performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Bank shall be solely responsible for all penalties and costs arising therefrom. Bank 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.
1.4 Licenses and Permits. Prior to performing any Project Services, Bank shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Bank represents and warrants to City that Bank 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 Bank to perform the Project Services. Bank 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 Bank'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.
1.5 Familiarity with Work. By executing this Agreement, Bank warrants that Bank (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.
1.6 Care in Performance of Project Services. Bank 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
ATTACHMENT B 3
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. Bank acknowledges that City may enter into agreements with other Banks, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Bank 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. Bank 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 XXXXXXXXX dollars_______________ Dollars ($XXX). 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 Bank wishes to receive payment, Bank 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 Bank 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 Bank’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 Bank is an essential condition of this Agreement.
ATTACHMENT B 4
3.2 Schedule of Performance. Bank shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Bank, extensions of the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.
3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Bank (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 Bank, 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 Bank be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Bank'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 _________, ending on _______ __, _____, unless extended by mutual written agreement of the Parties.
4. COORDINATION OF PROJECT SERVICES
4.1 Bank’s Representative. The following principal of Bank is hereby designated as being the principal and representative of Bank authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith: ___________. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Bank and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Bank 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 Bank's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Bank 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.
ATTACHMENT B 5
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Bank, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Bank 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. Bank shall not contract with any other entity to perform the Project Services without prior written consent of City. If Bank is permitted by City to subcontract any part of this Agreement, Bank 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 Bank. City will deal directly with and will make all payments to Bank.
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 Bank, 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 Bank or any surety of Bank 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 Bank a City employee. During the performance of this Agreement, Bank and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Bank 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 Bank shall at all times be under Bank’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Bank or any of its officers, employees, or agents, except as set forth in this Agreement. Bank, 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 Bank’s officers, employees, or agents or in fixing their number, compensation, or hours of service. Bank 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 Bank in its business or otherwise a joint venturer or a member of any joint enterprise with Bank.
4.4.2 Bank 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 Bank, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of
ATTACHMENT B 6
any Project Services. Except for professional fees paid to Bank as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Bank for the performance of any Project Services. City shall not be liable for compensation or indemnification to Bank, 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 Bank’s officers, employees, representatives, agents, or subconsultants or subcontractors, Bank 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 Bank or any officer, employee, representative, agent, subconsultant or subcontractor of Bank 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, Bank 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 Bank 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, Bank 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. Bank 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. Bank 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 Bank’s existing insurance policies do not meet the insurance requirements set forth herein, Bank 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, Bank shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
ATTACHMENT B 7
5.2.1 Professional Liability/Errors and Omissions Insurance ("PLI"). Bank shall obtain and maintain a policy of Professional Liability or Errors and Omissions Insurance appropriate to Bank’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.
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, Bank 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 Bank 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 Bank 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 Bank for Project Services performed while required PLI insurance is not in effect.
5.2.2 Commercial General Liability Insurance. Bank 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
ATTACHMENT B 8
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. Bank 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 Bank 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.
5.2.4 Workers’ Compensation Insurance. Bank 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. Bank 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. Bank 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, Bank shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if Bank provides written verification to the City that Bank does not have any employees.
5.2.5 Crime/Employee Dishonesty Policy. Bank shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Crime/Employee Dishonesty Insurance with per-claim and aggregate limits of no less than Two Million Dollars ($2,000,000.00).
5.2.6 Cyber Liability Policy. Bank shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Cyber Liability Insurance with per-claim and aggregate limits of no less than Five Million Dollars ($5,000,000.00).
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 Bank agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Bank shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
ATTACHMENT B 9
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 Bank 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 Bank, 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 Bank 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. Bank hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Bank 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 Bank’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.
ATTACHMENT B 10
5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Bank shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Bank 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, Bank shall, within ten (10) calendar days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies meeting all requirements of this Agreement.
5.7 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Bank may be held responsible for payments of damages to persons or property.
5.8 Enforcement of Agreement (Non-Estoppel). Bank acknowledges and agrees that actual or alleged failure on the part of the City to inform Bank 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. Bank shall either: (1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Bank as additional named insureds under the Bank’s insurance policies; or (2) Bank 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. Bank 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.
ATTACHMENT B 11
5.10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Bank and its subconsultants and subcontractors, if any, pursuant to this Agreement:
5.10.1 Bank 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 Bank 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 Project. It is Bank’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
5.10.5 Bank 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 Bank, provide the same minimum insurance coverage required of Bank. Bank 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. Bank 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 Bank agrees to provide immediate written notice to City of any claim, demand or loss against Bank 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, Bank shall defend (at Bank’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
ATTACHMENT B 12
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 Bank, 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 Bank 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 Bank.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Bank’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. Bank shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Bank 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. Bank 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 Bank, 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 Bank 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. Bank may retain copies of such documents for its own use.
Bank shall have an unrestricted right to use the concepts embodied therein. Bank 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 Bank fails to secure such assignment, Bank 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 Bank, its
ATTACHMENT B 13
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 Bank 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 Bank. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.4 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty (30) calendar days written notice to Bank, 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, Bank shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Bank 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 Bank.
8.6.1 Bank’s failure to comply with any provision of this Agreement shall constitute a default.
8.6.2 If the Contract Officer determines that Bank is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Bank in writing of such
ATTACHMENT B 14
default. If such default is capable of being cured, Bank 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 Bank 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. Bank 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 Bank 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 Bank 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 Bank for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Bank shall not limit Bank’s liability for completion of the Project Services as provided herein.
8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) calendar days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, "Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney(s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250.00) per hour.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Bank, 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 Bank or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Covenant Against Discrimination. Bank 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
ATTACHMENT B 15
origin, or ancestry. Bank 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 Bank in the performance of this Agreement shall be treated as strictly confidential and shall not be used by Bank 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 Bank against patent or copyright infringement, statutory or otherwise, it is agreed that Bank 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 Bank shall pay all costs and damages finally awarded in any such suit or claim, provided that Bank is promptly notified in writing of the suit or claim and given authority, information and assistance at Bank’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 Bank. However, Bank 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 Bank shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Bank shall not be obligated to indemnify City under any settlement made without Bank’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 Bank’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Bank, 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 – _____________________.
ATTACHMENT B 16
To City: City’s Contract Officer, title
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 Bank: Name of Bank
Street
City, State, Zip Code
Email
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. Bank 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
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16000, et seq., (“Prevailing Wage Laws”). Bank 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, Bank shall bear all risks of payment or non-payment of prevailing wages under California law, and Bank 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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ATTACHMENT B 18
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Tanya Doby
Mayor
APPROVED AS TO FORM.
Woodruff & Smart
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:
By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Bank”
Name of Bank
By:_______________________________
Name
Title
By:_______________________________
Name
Title
ATTACHMENT B
EXHIBIT “A”
BANK’S PROPOSAL/ SCOPE OF SERVICES
DATED: _______ ___, 2026
ATTACHMENT B
EXHIBIT “B”
CITY’S REQUEST FOR PROPOSALS
DATED: _______ ___, 2026
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 20, 2026 ITEM NUMBER: 11E
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Assistant City Manager/Development Services Director Tom Oliver, Associate Planner
Subject: Community Development Block Grant (CDBG) Program Cooperative Agreement: Amendment Seven (Fiscal Years July 1, 2027 – June 30, 2030)
SUMMARY
The County of Orange is currently working to renew its qualification as an Urban County, which helps determine the amount of Community Development Block Grant (CDBG) funding it can receive. As part of this process, the County notified all participating cities about the existing Cooperation Agreement and a new Amendment, as required by the Department of Housing and Urban Development (HUD). The City of Los Alamitos must have its City Council approve and execute this Amendment. Once approved, the agreement will automatically renew for the next term, covering July 1, 2027, through June 30, 2030.
RECOMMENDATION
Authorize the City Manager to execute Amendment Seven to the Cooperative Agreement between the County of Orange and the City of Los Alamitos for participation in the Urban County Program to continue utilization of CDBG program funds for Fiscal Years July 1, 2024 – June 30, 2027, and the subsequent renewal to cover Fiscal Years July 1, 2027 – June 30, 2030.
BACKGROUND
The Urban County Program provides federal funds to Orange County and local cities with populations under 50,000 for programs focused on community development and housing assistance. Specifically, federal grant funds are transferred from HUD to the County annually for use by participating agencies. These funds may be pursued through competitive grant applications sent to the County. When grants are awarded, the County acts as a go-between for the local agency and the Federal Government, assisting with project management and preparing required reports to HUD. The County oversees program changes and ensures that participating agencies remain eligible for future funding. Small cities that want to remain eligible to apply for CDBG funds must enter into a three-year agreement with the County of Orange’s Urban County Program. The Urban County Program is designed to assist smaller cities in administering CDBG funds received from HUD.
DISCUSSION
The County of Orange is currently in the process of re-qualifying for entitlement status as an Urban County. This entitlement status and the number of cities participating in the Urban
County are part of the factors used to determine Community Development Block Grant funding for an Urban County. Consistent with the Department of Housing and Urban Development (HUD) regulations, the County sent existing participating cities notification of the current Cooperation Agreement and a new Amendment.
Los Alamitos has participated in the Urban County Program since 1975 and has regularly received CDBG grant funding through the County of Orange. The Urban County Program allows the City to pursue a wide range of programs. The CDBG funds are an integral part to the completion of various public improvements in the City.
Amendment Seven to the current Agreement is attached to this report as Attachment 1. The Amendment modifies the original Agreement to automatically renew for Fiscal Years July 1, 2027 – June 30, 2030. Subsequently, the Agreement will renew automatically for participation in one additional three-year Urban County qualification period (July 1, 2030 to June 30, 2033) unless the City notifies the County and HUD in writing of its intent to terminate the agreement at the end of the current qualification period (June 30, 2027).
The Amendment and original Agreement do not have any bearing on the actual amount of funds that the City of Los Alamitos could receive through its participation in the Urban County Program. The City will continue to apply annually through the County’s competitive process.
FISCAL IMPACT
There are no costs to participate in the Urban County Program. Staff costs for project-specific planning, engineering, and environmental work are included in grant requests made to the County, as a 20% match to the CDBG monies requested by the City. Those applications are in November and December each year.
Attachment: 1. Amendment Seven - Cooperative Agreement with County of Orange
AMENDMENT SEVEN TO
COOPERATION AGREEMENT BETWEEN
THE COUNTY OF ORANGE
AND
CITY OF LOS ALAMITOS
This Amendment Number SEVEN (hereinafter “Amendment SEVEN”) is made and entered into by the County of Orange, a political subdivision of the State of California, (“COUNTY”) and CITY OF LOS ALAMITOS, a municipal corporation, (“CITY”), UEI number H7LTCGH2E63 which are sometimes individually referred to as “Party” or collectively referred to as “Parties”, and is effective as of July 1, 2027, hereinafter referred to as “EFFECTIVE DATE”.
WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT “Small-City” (hereinafter, as amended, “Original Agreement” or “Agreement”) for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment ONE, effective as of July 16, 2008; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effective as of July 1, 2012; and
WHEREAS, the Original Agreement was amended by Amendment THREE, effective as of July 1, 2015; and
WHEREAS, the Original Agreement was amended by Amendment FOUR, effective as of July 1, 2018; and
WHEREAS, the Original Agreement was amended by Amendment FIVE, effective as of July 1, 2021; and
WHEREAS, the Original Agreement was amended by Amendment SIX, effective as of July 1, 2024; and
WHEREAS, U.S. Department of Housing and Urban Development (“HUD”) Notice CPD-26-08 allows “automatic” renewals for one successive three year Urban County qualification period provided that COUNTY sends a letter to CITY notifying it that the Original Agreement will be renewed unless CITY notifies COUNTY that it wishes to terminate the agreement and a copy of such a letter is provided to HUD; and WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on June 26, 2026; and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with County; and
WHEREAS, the CITY’s City Manager and the COUNTY’s Director of Orange County Community Resources have been duly authorized by their City Council and Board of Supervisors, respectively, to execute this Amendment SEVEN; and
WHEREAS, the Parties agree to further amend the Original Agreement at this time in the manner set forth herein.
NOW, THEREFORE, the Parties hereby agree as follows:
I. Modifications to the Original Agreement
1. Section 2 of the Original Agreement is amended in its entirety as follows:
“COUNTY shall have the authority to carry out activities, which will be funded from annual Community Development Block Grant (“CDBG”), Home Investment Partnership (“HOME”) and Emergency Solutions Grant (“ESG”) Program funds appropriated for Fiscal Years 2027-2028, 2028-2029 and 2029-2030 and from any program income generated from the expenditure of such funds.”
2. Section 9 of the Original Agreement is amended and shall read as amended in its entirety as follows:
“This Agreement shall cover the three-year program period for Fiscal Years 2027-2028, 2028-2029 and 2029-2030, respectively of CDBG, HOME and ESG programs, including any subsequent Supplemental sources (Paragraph 23 of the Agreement). In no event shall this agreement be terminated by either Party before June 30, 2030, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.
This Agreement remains in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewal) are expended and the funded activities completed, and the COUNTY and CITY cannot terminate or withdraw from this Agreement while it remains in effect.”
3. Section 10 shall be added to Agreement to read:
“In accordance with HUD Notice CPD 26-08, this Agreement will renew automatically for participation in one successive three-year Urban County qualification period (July 1, 2030 to June 30, 2033) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. A copy of the termination notice must be sent to HUD Field Office by the date specified on the HUD Exchange Urban Counties website.
COUNTY shall notify CITY in writing of its right not to participate any longer
than the date specified in HUD’s Urban County Qualification Notice for the next qualification period. A copy of the County’s notification must be sent to the HUD field office by the date specified on the HUD Exchange Urban Counties website.”
4. Section 11 of the Original Agreement is amended to read:
“CITY and COUNTY agree to adopt amendment(s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) when applicable and to submit such amendments to HUD.
The COUNTY will notify CITY of its right to terminate its participation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, and to submit such amendment to HUD, this Agreement will be voided for such qualification period.”
5. Section 14 of the Original Agreement is amended to add subsection (d) as follows:
“d. This Agreement covers the following formula funding programs administered by HUD: CDBG, HOME, and ESG, and CITY may receive a formula allocation under the HOME and ESG Programs only through the COUNTY. This does not preclude the COUNTY or the CITY from applying for HOME or ESG funds from the State, if the State allows.”
6. Section 24 of the Original Agreement is amended to read:
“CITY may void this Agreement only if it submits to COUNTY on or before June 2027 the notification from HUD that CITY has qualified as a “Metropolitan City” or an “Entitlement City” prior to the completion of the re-qualification process for Fiscal Years 2027-2028, 2028-2029, and 2029- 2030. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the Urban County Program as a “Metropolitan City” or become an “Entitlement City” as a separate entity. If this Agreement is not voided, then CITY must participate in COUNTY’s Urban County for the entire three-year qualification period (FYs 2027/2028 through 2029/2030).”
II. Additional Agreements
The terms of the Additional Agreements in the Original Agreement are hereby amended as follows:
1. The COUNTY and the CITY agree to cooperate to undertake, or assist in undertaking, essential community development and housing assistance activities in and for the benefit of the CITY, as approved and authorized between the Parties in the CDBG agreements, including the Consolidated Plan.
2. The CITY understands and agrees that it may not apply for grants under the State CDBG Program for the fiscal years during the period in which the CITY participates in the COUNTY’s CDBG Program. The COUNTY agrees that the CDBG funds that the CITY is entitled to will be utilized to benefit the CITY.
3. The COUNTY and the CITY shall take all actions necessary to assure compliance with the COUNTY’S certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with:
a. Title VI of the Civil Rights Act of 1964 and the implementing regulations at 24 CFR Part 1;
b. The Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will comply with the obligation to affirmatively further fair housing including the obligations set forth in 24 CFR 91.225(a) and 5.105(a); and
c. Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR Part 8, Title II of the Americans with Disabilities Act of 1974 and the implementing regulations at 28 CFR Part 35, the Age Discrimination Act of 1975 and the implementing regulations at 24 CFR Part 146, Section 3 of the Housing and Urban Development Act of 1968, Uniform Relocation and Real Property Policies Act of 1970 and the implementing regulations at 49 CFR Part 24, Section 104(d) of the Housing and Community Development Act of 1974 and the implementing
regulations at 24 CFR Part 425, and all other applicable laws and regulations. The Parties agree that no urban county funding will be used for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY’S actions to comply with the COUNTY’S fair housing certification. The Parties acknowledge and agree that noncompliance by a unit of general local government included in an urban county may constitute
noncompliance by the grantee (i.e., the urban 14 county) that can, in turn, provide cause for funding sanctions or other remedial actions by the Department.
4. The CITY, COUNTY, and all other applicable units of general local government, may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or nonFederal considerations, but must use such funds for activities eligible under
Title I of the Housing and Community Development Act of 1974, as amended.
5. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are not inconsistent with this Amendment SEVEN, remain unchanged and in full force and effect.
IN WITNESS WHEREOF, CITY has caused this Amendment SEVEN to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment SEVEN to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.
ATTEST:
City of , a municipal
Corporation in the State of California
By: By:
Name: Name:
Title: City Manager Title: City Clerk
Date: Date:
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
Dylan Wright, Director
Orange County Community Resources
Date:
////////////////////////////////////////////////////////////////////////////////////////////
ORIGINAL AGREEMENT, AS AMENDED, APPROVED AS TO FORM AND REQUIRED COUNTY COUNSEL OPINION STATEMENT:
The terms and provisions of the Original Agreement, including this Amendment SEVEN, are fully authorized under State and local law and the Agreement provides
full legal authority for the County to undertake, or assist in undertaking, essential community development and housing assistance activities within the CITY’s jurisdiction.
Office of the County Counsel
Deputy County Counsel Dated
Exhibit A
Original Cooperation Agreement and Amendment Numbers ONE through SIX
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 20, 2026 ITEM NUMBER: 11F
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Assistant City Manager/Development Services Director Britney Ramirez, Senior Management Analyst
Subject: Approval of Bus Shelter License and Maintenance Agreement with Clear Channel Outdoor, LLC
SUMMARY
This item seeks approval of an agreement with Clear Channel Outdoor, LLC to authorize refurbishment improvements to existing bus shelters (including repainting and installation of approved City logos) and continue bus shelter maintenance and advertising services for a term of ten (10) years.
RECOMMENDATION
Authorize the Mayor to execute the Bus Shelter Maintenance and Advertising Services Agreement with Clear Channel Outdoor, LLC for continued bus shelter maintenance and advertising services, including refurbishment improvements and installation of City logos, with no fiscal impact and a term expiring on June 30, 2036.
BACKGROUND
The City currently has 19 bus shelter locations operated and maintained by Clear Channel Outdoor, LLC. The shelters provide seating, weather protection, and advertising display panels used for City and community messaging. Clear Channel has provided bus shelter maintenance and advertising services to the City since 1991, with the current agreement procured through a Request for Proposals (RFP) process conducted in 2006. Under the agreement, Clear Channel installed and maintains the shelters at no cost to the City in exchange for ownership and advertising rights. The bus shelters are owned by Clear Channel.
DISCUSSION
In August 2021, the City issued RFP No. 2021-09 seeking proposals for continued bus shelter maintenance and advertising services; however, no proposals were received. Any change to the maintenance service of the bus shelters would have required the removal of the existing bus shelters owned by Clear Channel, and the construction and installation of new shelters at no cost to the City. Since that time, the City has continued Clear Channel services through annual agreement amendments.
Staff had initially considered again conducting a formal Request for Proposals (RFP) process for future bus shelter maintenance and advertising services. As mentioned above, the City’s 2021 solicitation received no proposals, and there was nothing to indicate that the outcome of
the 2026 RFP would be different. Staff also evaluated the potential cost of replacing the bus shelters and found that the estimated cost per shelter could reach $25,000.
Clear Channel has submitted a proposal to continue services under a ten-year agreement that includes refurbishing the existing bus shelters by repainting and installing approved City logos, along with ongoing maintenance and advertising services at no direct cost to the City. The refurbishment would occur over a three-year period, and the new agreement would continue the same maintenance and advertising services through June 30, 2026. The agreement also includes language allowing the City to use the bus shelters for advertising City events and programs.
Staff believes continuing services with Clear Channel provides the most cost-effective and practical option for maintaining the City’s bus shelter program while improving the appearance and functionality of the existing shelters. Approval of the proposed agreement will ensure uninterrupted maintenance and advertising services for bus shelters while providing long-term operational stability for the City’s transit amenities.
FISCAL IMPACT
There is no direct fiscal impact associated with the proposed agreement. Clear Channel Outdoor, LLC will continue to provide bus shelter maintenance, refurbishment, and advertising services at no cost to the City.
Attachment: 1. Bus Shelter License and Maintenance Agreement with Clear Channel LLC
2. Clear Channel LLC Proposal
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CITY OF LOS ALAMITOS
BUS SHELTER LICENSE AND MAINTENANCE AGREEMENT
WITH CLEAR CHANNEL OUTDOOR, LLC
1. PARTIES AND DATES.
This Bus Shelter License and Maintenance Agreement (“Agreement”) is made and entered into this 1st day of July, 2026 (“Effective Date”), by and between the City of Los Alamitos, a California charter city and municipal corporation (“City”) and Clear Channel Outdoor, LLC, a Delaware limited liability company (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 On June 7, 2006, City and Contractor entered into an agreement governing the placement and maintenance of twenty (19) advertising bus shelters at designated public locations throughout the City (“Shelters”), which agreement is superseded by this Agreement.
2.2 Contractor is the owner of the Shelters, which are installed at the right-of-way locations shown in Exhibit “A” attached hereto and incorporated herein by reference.
2.3 City desires to refurbish the Shelters without incurring costs and expenses for their ongoing maintenance.
2.4 Contractor represents that it is familiar with and is willing and qualified to refurbish and maintain the Shelters under the terms and conditions hereinafter set forth.
3. TERMS
3.1 Grant of License; Term of Agreement.
3.1.1 Grant of License. City hereby grants to Contractor, on the terms hereinafter described, the right and power to refurbish, illuminate, repair, maintain, advertise in and upon, operate and insure the Shelters. Additional bus shelter locations may be selected by mutual consent of the parties, pursuant to an authorized amendment to this Agreement.
3.1.2 Term of Agreement. This Agreement shall continue for ten (10) years from the Effective Date of this Agreement, unless earlier terminated as hereafter provided.
3.2 No Compensation to City; Permit Fees.
Since Contractor is bearing one hundred percent (100%) of all refurbishment, maintenance and other costs and expenses under this Agreement, Contractor shall not be required to pay City any compensation in connection with the license granted under this Agreement provided, however, that this section shall not excuse Contractor from the obligation to pay any applicable normal permit fees necessary for the refurbishment and maintenance of the Shelters.
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3.3 Refurbishment of the Shelters.
Contractor shall refurbish, at its sole cost and expense, the Shelters pursuant to the terms of this Agreement.
3.3.1 Work on Shelters. The work required to refurbish the Shelters shall include:
repainting shelter framing, poles, and fixtures (bus benches, trash containers) in a City-approved color; and installation of City-approved logos and branding elements. The required work is further described in Contractor’s Proposal attached hereto as Exhibit “B” and incorporated herein by reference.
3.3.2 Refurbishment Schedule. All Shelters shall be refurbished and in operation by no later than three years from the Effective Date (the “Refurbishment Deadline”).
Contractor shall work with reasonable diligence on the refurbishment of all Shelters and shall keep the City reasonably updated as to how the refurbishment work is progressing. Modifications to the Refurbishment Deadline shall be subject to the approval of the City in its sole, but reasonable discretion.
3.3.3 Penalties for Delay. If Contractor fails to refurbish all Shelters by the Refurbishment Deadline, and the City has not authorized a modification to that deadline, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City, as fixed and liquidated damages, and not as a penalty, the sum of Fifty Dollars ($50) per shelter for each calendar day for that particular shelter(s).
3.3.4 Compliance with Applicable Laws. All refurbishment work on Shelters shall be in conformity with all applicable federal, state and local rules, laws and regulations, including, without limitation, the building and electrical codes of the City, as well as the Americans with Disabilities Act. Contractor shall only employ or utilize contractors and other workers who are licensed in California to perform the work to which they are assigned
3.3.5 Restoration of Public and Private Property. Contractor shall be responsible, at its sole cost and expense, to repair and restore any damage to the City's property and any surrounding private property, including sidewalks, landscaping and other improvements, caused by refurbishment work.
3.4 Operation, Repair and Maintenance.
Contractor is responsible, at its sole cost and expense, for the operation, maintenance, repair, cleaning and servicing of all Shelters pursuant to the terms of this Agreement.
3.4.1 Contractor’s Basic Obligation. Contractor shall maintain all Shelters in a neat and orderly condition at all times. All visible rooflines on dome-style structures must be maintained to the same standard as the remainder of the Shelters. Contractor shall be at liberty to enter upon and into the Shelters at all reasonable times with personnel and all necessary materials, including but not limited to, electric wires, meters, clockwork machinery and other items
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reasonably necessary for making the Shelters effective. All such work shall be performed at the sole cost, expense and liability of Contractor.
3.4.2 Timing of Maintenance. Contractor shall maintain all Shelters at least twice weekly, keeping them free of litter, graffiti and debris. Maintenance shall include cleaning the entire structure, as well as sweeping in and around the structure and concrete pad. Trash receptacles shall be emptied and cleaned whenever full, but no less often than twice weekly. In addition, Contractor shall steam clean each Shelter, including the roofs, at least twice per year, or more frequently, if needed. Although under no obligation do so, the City may perform additional maintenance as deemed necessary by the City and in consultation with Contractor; any City work performed pursuant to the preceding clause shall be performed at the sole cost, expense, and liability of City. If the City determines, in its reasonable discretion, that the twice weekly maintenance schedule set forth in this Section 3.4.2 is not enough to keep the Shelters from becoming a public nuisance, the parties shall mutually agree on a revised schedule. Finally, the paint on each Shelter shall be touched up as often as needed to eliminate damage and to prevent deterioration, and repainting will occur at least once during the first ten (10) years of this Agreement.
3.4.3 On-Call: Notification. Contractor shall be on-call twenty-four (24) hours per day, seven (7) days per week to receive notification of maintenance issues and damage to the Shelters. Notification shall be made possible telephonically. Contractor is encouraged to also make notification possible via electronic mail or messaging. Notification shall be deemed to occur when a Contractor representative receives information orally or when a message is left telephonically for Contractor on Contractor’s dedicated telephone line. If applicable, notification shall also be deemed to occur when Contractor receives notification via electronic mail or messaging. Each Shelter shall contain the conspicuously posted telephone number of Contractor’s maintenance and operation headquarters to which the public may direct complaints. Contractor is also encouraged to conspicuously post addresses to which electronic mail or messaging may be sent.
3.4.4 Response Time. Contractor shall respond to all complaints and notifications. Contractor will respond to maintenance concerns, and shall repair or replace, at its sole costs and expense, any and all damaged or defaced Shelters, including defacement by graffiti within two (2) business days of notification to Contractor. Repairs necessary to ensure public safety (damage indicated by the City to be dangerous) shall be performed within twenty-four (24) hours of notification to Contractor.
3.4.5 Graffiti. As stated herein, graffiti shall be treated as a repair issue, so Contractor shall perform graffiti abatement on each Shelter pursuant to Section 3.4.4. Contractor shall utilize those materials that will best deter the prevalence of graffiti.
3.4.6 Shelter Database and Maintenance Log. Contractor shall maintain a written database of the location of each New Structure, as well as its model and significant site features. Contractor shall also maintain a written log detailing, on a shelter-by-shelter basis, all complaints and notifications received for that shelter, as well as Contractor’s response thereto, and all routine and non-routine maintenance and repair work on that shelter. The log should be
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provided to the City no less often than quarterly, as determined by the City. In addition, Contractor shall provide a copy of the database and log within two (2) business days of a request by City.
3.4.7 Electricity. Contractor shall provide electrified illumination, from dusk to dawn, for each Shelter, by an interior overhead light fixture and for the interior of each advertising box. Contractor shall pay all sums on a timely basis for electrical energy supplied to the Shelters.
Contractor shall defend and indemnify City, pursuant to the indemnity provisions of this Agreement, for any and all costs, expenses and fees associated with such electrical supply.
3.4.8 Liquidated Damages. In the event that Contractor does not respond or maintain the Shelters within the time required by this Section 3.4, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the following sums:
3.4.8.1 First through Third Violations. Zero Dollars ($0) per shelter, per day (warning only) for normal violations (non-safety related); One Hundred Seventy Five Dollars ($175) per Shelter, per day for violations involving public safety.
3.4.8.2 Fourth through Sixth Violations. Fifty Dollars ($50) per shelter, per day for normal violations; Three Hundred Fifty Dollars ($350) per shelter, per day for violations involving public safety.
3.4.8.3 Seventh through Ninth Violations. One Hundred Dollars ($100) per shelter, per day for normal violations; Six Hundred Dollars ($600) per shelter, per day for violations involving public safety.
3.4.8.4 Tenth and Subsequent Violations. One Hundred Seventy Five Dollars ($175) per shelter, per day for normal violations; Eight Hundred Twenty Five Dollars ($825) per shelter, per day for violations involving public safety.
3.4.9 Termination by City for Contractor’s Failure to Maintain Shelters.
Contractor’s repeated failure to perform maintenance or repairs to the satisfaction of the City in accordance with the terms of this Agreement may be deemed a material default in performance by Contractor and grounds for termination of the Agreement pursuant to Section 3.7.
3.5 Advertising.
Contractor may utilize those Shelters designated as advertising shelters for such purpose pursuant to the following:
3.5.1 Advertising Display Box. Advertising shall be displayed only in the illuminated box area designated for advertising.
3.5.2 Advertising Policy. All advertisements shall comply with the following:
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3.5.2.1 No advertisement shall be displayed which is considered by the City, in its sole discretion and in accordance with applicable law, to be offensive or objectionable to the community standards of Los Alamitos.
3.5.2.2 No advertisement shall be displayed which is considered by the City, in its sole discretion and in accordance with applicable law, to be indecent or vulgar.
3.5.2.3 No advertisement shall display any work, phrase, symbol or character likely to interfere with mislead or distract traffic, or conflict with any traffic control device.
3.5.2.4 No advertisement shall display ads for alcohol, tobacco, or any other products or services illegal for sale to minors, including "R" rated movies, within five hundred (500) feet of any school, playground or church.
3.5.2.5 All advertisements shall comply with the Contractor’s Code of Advertising Practice attached hereto as Exhibit “C” and incorporated herein by reference.
3.5.3 City Review or Request for Removal. Contractor shall, within a reasonable amount of time after request by City, transmit to the City color copies of any or all proposed advertisements for review. If at any time the City determines that an advertisement placed in an advertising bus shelter violates any provision of this Section 3.5, Contractor shall remove such advertisement, at no cost or penalty to the City, within twenty-four (24) hours of receipt of a written request from City. If Contractor fails to remove such advertisement, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City, as fixed and liquidated damages, and not as a penalty, the sum of One Hundred Dollars ($100) per day, per advertisement for each calendar day that the advertisement remains following notification.
3.5.4 Termination. Repeated failure to adhere to the provisions of this Section
3.5 may be deemed a material default in performance by Contractor and grounds for termination of the Agreement pursuant to Section 3.7.
3.5.5 Public Service Messages. Contractor shall make available at all times to the City, at no cost or expense to the City, a minimum of four (4) advertising panels for public service messages. Such public service space will not be site specific, but the panels shall be made available throughout the entire City at locations mutually agreed to by City and Contractor.
Contractor shall also make all unsold advertising space available to the City, at no cost or expense to the City, for public service messages. Public service messages shall be non-commercial in nature, and shall be for City-sponsored or supported events, activities, or services, including, but not limited to, fundraising, public service and public safety purposes.
3.6 Relocation of Shelters.
At the request of the City, Contractor shall relocate any Shelter due to: (1) new construction; (2) the discovery that the Shelter is a safety concern, such as a traffic hazard or
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obstruction; (3) a change in bus routes by the OCTA; or (4) construction of new bikeways or other pathways. Contractor shall perform the relocation, as well as restore the site to its original condition, in accordance herewith at its sole cost and expense. The City shall negotiate in good faith a potential cost-sharing agreement if a relocation is caused solely by a circumstance within the City's sole discretion and control. The relocation will be completed fifteen (15) calendar days after all approvals and permits have been issued by City. Contractor shall not place or locate shelters in any areas within the City's jurisdiction without prior written approval of the City Manager, or his or her designee, or without first obtaining an applicable encroachment permits.
3.7 Termination.
The City may terminate this Agreement, in whole or in part, upon a material default by Contractor in its performance of this Agreement. City's termination for breach shall in no way effect any right of the City to pursue any other remedy available to it under this Agreement or other provision of law.
3.7.1 Material Default. The following shall be determined to be a material default by Contractor: (a) failure to perform its obligations in strict accordance with this Agreement; (b) defaulting on any financing secured by a shelter or bench; (c) financial insolvency or other inability to perform under this Agreement; (d) making or attempting to make any assignment or transfer of its rights under this Agreement in violation of this Agreement; (e) failing to provide or maintain in full force and effect the insurance coverage required by this Agreement; (f) failing to provide or maintain in full force and effect any permit, license or other approval necessary under this Agreement; (g) any fraud or deceit upon the City or upon persons to whom Contractor provides advertising or bus shelter services, as determined by a court of law; or (h) violating any order or ruling of any regulatory body having jurisdiction over Contractor relative to its bus shelter and bus bench business, except during such time that Contractor is contesting such order or ruling by appropriate proceedings conducted in good faith.
3.7.2 Notice of Termination; Timing. If the City elects to terminate this Agreement for breach, the City shall provide Contractor written notice of termination. Contractor shall have thirty (30) calendar days from receipt of such notice to cure the breach, or such longer time as may be set forth in the City’s notice, otherwise the agreement shall be considered terminated for breach on that date. Notwithstanding the foregoing, if the City determines, in its sole and absolute discretion, that the public health, safety or general welfare requires a shorter notification period, Contractor shall cure such breach in such time required by the City in order to avoid termination for breach. If this Agreement is terminated for breach, the City may supply the services hereunder with its own forces or may enter into a new agreement with another party.
3.8 Obligations Following Termination or Expiration of Agreement.
3.8.1 Ownership of Shelters. Contractor is the owner of the Shelters during the term of this Agreement.
3.8.2 Removal of Shelters. Upon termination or expiration of this Agreement, as well as any other circumstance requiring removal of any or all shelters erected or maintained by Contractor hereunder, all materials shall be removed from the site, including without limitation,
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the shelter structures, advertising boxes, benches and wires. The site shall be restored to the condition as it existed prior to installation of the shelter, including complete restoration of any sidewalk or other public or private property.
3.8.3 Acquisition of Shelters by City. If requested by the City, all shelters and other structures or improvements placed by Contractor under this Agreement, including without limitation, the shelter structures, advertising boxes, benches and wires, may be acquired by City upon termination or expiration of this Agreement, on terms mutually acceptable to the City and Contractor. If the City and Contractor are unable to agree upon such acceptable terms within thirty (30) days following notice by either party to commence such discussions, Contractor shall remove the shelters, structures and other improvements in accordance with the terms hereof.
3.8.4 Advertisers. Prior to the effective date of termination or expiration of this Agreement, Contractor shall give notice of termination to all its existing advertisers. Upon the effective date of termination or expiration of this Agreement, Contractor shall remove all advertising from the Shelters.
3.9 Insurance.
3.9.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section, including adding the City as an additional insured.
3.9.2 Minimum Requirements. Contractor shall at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from the acts or omissions of the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence from CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, Code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance, Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury, property damage and completed operations. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:
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Workers’ Compensation limits as required by the Labor Code of the State of California Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
3.9.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that:
(1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the acts or omissions of Contractor, its officials, officers, employees, agents, consultants and contractors regarding the work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way with respect to the liabilities assumed by Contractor under this Agreement.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way with respect to such autos. (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
3.9.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
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3.9.5 Self-Insurance Retentions. Any self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.9.6 Acceptability of Insurers. Insurance is to be placed insurers with a current A.M. Best's rating no less than A:VII, licensed and admitted to do business in California and satisfactory to the City.
3.9.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences.
3.9.8 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the work or services under this Agreement wherein claims have been made against City or City has been named.
3.10 Miscellaneous Provisions.
3.10.1 City Logo. City shall supply Contractor with a City logo if the City wishes to affix its logo to the Shelters. The City logo shall be configured such that it may be installed on the Shelter roof fascia. Contractor will install the City logo at its sole cost and expense. City shall be responsible for the repair and maintenance of the logo beyond the regular cleaning associated with the Shelter maintenance.
3.10.2 Independent Contractor. Contractor is an independent contractor and not an employee of the City. All construction and maintenance personnel shall he employees of Contractor and not employees of City. Contractor shall pay all salaries and wages of such personnel, employer's social security taxes, unemployment insurance and similar taxes relating to employees, and shall be responsible for all applicable withholding taxes.
3.10.3 Representatives and Notices. The City Manager shall be the representative of the City for purposes of this Agreement, and may issue all consents, approvals, and directives on behalf of City called for by this Agreement, except amendments to this Agreement or except as otherwise expressly provided in this Agreement. The Director of Public Affairs of Contractor's Southern California Division, who is presently Layne Lawson, shall be the sole representative of Contractor for purposes of this Agreement, and may enter into any subordinate Agreements with City pursuant to this Agreement on behalf of Contractor. Notices and written communications sent by one party to the other shall be personally delivered or sent by U.S. Mail, postage prepaid, to the following addresses.
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CONTRACTOR:
Clear Channel Outdoor
Attn: Layne Lawson, Director of Public Affairs
Southern California Division
19320 Harborgate Way
Los Angeles, CA 90501
CITY:
City of Los Alamitos
Attn: Development Services Director
3191 Katella Avenue
Los Alamitos, CA 90720
Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
3.10.4 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer this Agreement or any interest herein, either directly or by operation of law, without the prior written consent of City, which consent shall not be unreasonably withheld, conditioned or delayed. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. Notwithstanding the foregoing. City’s consent shall not be required in the event that Contractor assigns (either directly or by operation of law) its rights to any type of legal entity controlled by or under common control with Contractor, to any entity that acquires all of Contractor’s assets and business in the greater Los Angeles market, or if Contractor (either directly or indirectly) merges with another company, reorganizes its stock, or undergoes a similar corporate restructuring.
3.10.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the this Agreement, including without limitation the payment of all consequential damages and reasonable attorneys fees and other related costs and expenses. Such indemnity shall apply to, without limitation, any and all claims related to advertising, patent, copyright, and trademark issues or rights. Contractor shall defend, at Contractor’s own cost and with counsel of Contractor and City's mutual selection, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees. agents, or volunteers, in any such suit, action or any other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing
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the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers.
3.10.6 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any proceedings brought to interpret or enforce this Agreement shall be maintained solely in the state courts located in Orange County, California, or in the federal courts for the Central District of California.
3.10.7 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, including without limitation, that agreement entered into between the Parties in 1991. This Agreement contains all of the covenants and understandings between the Parties with respect the subject matter hereof, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement shall be effective only if executed in writing and signed by City and Contractor.
3.10.8 Third Party Rights. No third party shall be deemed to have any rights hereunder against ant of the Parties hereto as a result of this Agreement.
3.10.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.10.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.10.11 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.10.12 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.10.13 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom. estoppel or otherwise.
4930-9093-9063, v. 1
3.10.14 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.10.15 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any presents or anticipated material benefit arising therefrom.
3.10.16 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.
Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.10.17 Labor Certification. By its signature hereunder, contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Codes, and agrees to comply with such provisions before commencing the performance of the Services.
3.10.18 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have Signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
3.10.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.10.20 Prior Approval Required. Contractor shall not subcontract any portion of the work or services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain provision making them subject to all provisions stipulated in this Agreement.
3.10.21 Standard of Care. Contractor shall perform all work and services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor represents that all employees and subcontractors shall have sufficient skill and experience to perform the work or services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits,
4930-9093-9063, v. 1
qualifications and approvals of whatever nature that are legally required to perform the work or services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
3.10.22 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the worker services under this Agreement, including all CAL/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with this Agreement. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.10.23 Safety. Contractor shall execute and maintain its work and services so as to avoid injury or damage to any person or property. In carrying out its work and services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.10.24 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to obtain the purposes of this Agreement.
3.10.25 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.10.26 Right of First Refusal. During the term of this Agreement, City may request Contractor to provide additional advertising or non-advertising bus shelters under the same terms of this Agreement and in accordance with applicable, law. Approval of such additional bus shelters shall be by mutual written consent; in the form of a written amendment to this Agreement as provided for in Section 3.1.1 and 3.10.12. If Contractor refuses City's request, nothing in this Agreement shall be construed to prevent the City from purchasing or installing additional advertising or non-advertising bus shelters at other locations within its jurisdiction, either through an agreement with another independent contractor or on its own, under any terms within the City's sole discretion.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
[SIGNATURES ON NEXT PAGE]
4930-9093-9063, v. 1
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:______________________
Tanya Doby
Mayor
APPROVED AS TO FORM.
Woodruff & Smart, APC
By:______________________
Michael S. Daudt
City Attorney
ATTEST:
By:______________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
Clear Channel Outdoor, LLC
By:______________________
Greg McGrath
Regional President,
California
4930-9093-9063, v. 1
EXHIBIT “A”
LOCATION OF SHELTERS
4930-9093-9063, v. 1
EXHIBIT “B”
CONTRACTOR’S PROPOSAL
4930-9093-9063, v. 1
EXHIBIT “C”
CONTRACTOR CODE OF ADVERTISING PRACTICES
Transit shelter refurbishment and
ongoing maintenance agreement
• CCO to refurbish the existing 19 Ad shelters over
a 3-year period.
- Shelters to be painted black and have the city
seal added.
• CCO to continue to provide ongoing maintenance
services of the existing advertising shelters.
• The proposed term of the agreement is ten (10)
years.
• Continue with all the existing terms of the current
agreement.
* Example of refurbished shelter.
* Pending CCO Corporate Approval.
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 20, 2026 ITEM NUMBER: 11G
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Assistant City Manager/Development Services Director Chris Kelley, City Engineer
Subject: Approval of Notice of Completion (NOC) for Oak Street Improvement Project (CIP 24/25-03)
SUMMARY
Accept the Oak Street Improvement Project as complete.
RECOMMENDATION
1. Accept the Oak Street Improvement Project (CIP #24/25-03) Notice of Completion (NOC); and,
2. Authorize City Clerk to file the NOC with the Orange County Recorder; and,
3. Release the Project retention of $20,851.68 to Hardy and Harper, Inc., thirty-five (35) days after County Recordation.
BACKGROUND
The Oak Street Improvement Project was a part of the City's ongoing Pavement Management Plan and Capital Improvement Program. The Project included a grind and overlay of asphalt pavement, and replacement of damaged curb, gutter and lifted sidewalk to correct drainage.
American Disability Act (ADA) curb ramps were also modified to meet current code requirements as needed for accessibility. The project limits were Oak Street from Katella Avenue to Sausalito Street. The City Council approved the project's plans and specifications in November 2025 and authorized staff to bid on the project.
DISCUSSION
After a competitive bid process that resulted in 11 bids, the City publicly opened bids on December 11, 2025. Hardy and Harper, Inc was determined to be the lowest responsible bidder at $364,332. The construction contract was awarded to Hardy and Harper in January 2026 with an authorized construction contingency of $54,650. Construction was completed within the contract amount. Additionally, the City authorized more construction work under the construction contingency budget that included increased quantities of street asphalt, concrete sidewalk, commercial driveway approaches, curb and gutter. Construction was completed on time and within budget, but project closeout was delayed due to required labor compliance documents.
FISCAL IMPACT
Funding for this Project was included in the FY 24/25 Capital Improvement Program (CIP) and carried over to Fiscal Year 25/26. The original Project budget was $651,627 that included funding from Gas Tax ($341,217) and SB-1 funds ($310,410). At the time of the construction award, the estimated project budget was reflecting a saving of $135,000 and was reduced to $516,477. The Project actual costs were within budget:
Design, Plans & Specifications $ 35,495.00
Construction $364,332.00
Contingency $ 52,701.50
Construction Inspection/Mgmt
&Labor Compliance $ 42,241.00
TOTAL $494,769.50
Attachment: 1. Notice of Completion (NOC) for Oak Street Improvement Project (CIP 24/25-03)
RECORDING REQUESTED BY
AND MAIL TO:
City Clerk
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
No Consideration SPACE ABOVE THIS LINE FOR RECORDER
NOTICE OF COMPLETION NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
for
Los Alamitos Oak Street Improvement Project CIP 24/25-03 NOTICE IS HEREBY GIVEN THAT:
1. The undersigned are owners or corporate officers of the interest or estates stated below in property hereinafter described.
2. The full name of the owner is: City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, CA 90720
3. The work consisted of :
The Oak Street Improvement Project (from Katella Avenue to Sausalito Street) was to grind and overlay asphalt on a City street. It also replaced driveway approaches, damaged curb & gutter, and damaged sidewalks. ADA curb ramps were modified to current codes as necessary.
4. The work was completed on___6/3/2026______
5. The contractor was: Hardy and Harper , Inc.
Dated ___________________________ __________________________________________ Chris Kelley, City Engineer, City of Los Alamitos
VERIFICATION BY CORPORATION OWNER
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
I, Ron Noda, Assistant City Manager of Los Alamitos, a Municipal Corporation, executed the foregoing Notice of the aforesaid interest or estates in the property therein described; and verify on behalf of the City of Los Alamitos; that the contents thereof, and the facts therein stated are true.
____________________________________________________
Ron Noda, Assistant City Manager
Dated: __________________
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 20, 2026 ITEM NUMBER: 12A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Craig Koehler, Director of Finance
Subject: Resolution No. 2026-26 - Update to Cost Recovery (Master Fee) Schedule
SUMMARY
The recommendation is to include Animal Services as part of our Cost Recovery (Master Fee) Schedule, which has never been included before.
RECOMMENDATION
1. Review the Fiscal Year 2026-27 Cost Recovery (Master Fee) Schedule Update with Animal Control Services, and;
2. Open the Public Hearing: and,
3. Adopt Resolution No. 2026-26, entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING THE COST RECOVERY (MASTER FEE) SCHEDULE BY INCLUDING ANIMAL CONTROL SERVICES”.
BACKGROUND
A Request For Proposal (RFP) was issued on June 16, 2022, to conduct a Cost Recovery (User Fee) Study. The Council entered into an agreement with Willdan Financial Services (Willdan) on September 6, 2022. Pending final completion of the study, the Master Fee Schedule was updated on May 20, 2024, with Resolution 2024-19, in accordance with the Consumer Price Index (CPI) report for the Los Angeles area (inclusive of Orange County) for all Urban Consumers. On May 26th, 2026, with Resolution 2026-08, the City Council approved the increase in CPI on our Cost Recovery (Master Fee) Schedule. Currently, it is recommended that the City include Animal Services (Cost Recovery) Fees in the schedule.
DISCUSSION
The Cost Recovery (Master Fee) Schedule focuses on the cost of City services, as City staff currently provide them at existing, known, or reasonably anticipated service and staffing levels.
It is recommended that the City includes applicable fees to Animal Control Services as a passthrough and cost recovery.
FISCAL IMPACT
The revenue change projections are based on multiplying budgeted revenues for revenue
codes identified for each fee type by the average fee change for that fee type. User fee changes are likely to affect additional revenues, but they are not readily identifiable. Revenue effects of this Animal Control services are unknown due to this being the first cost recovery included on the schedule.
Attachment: 1. Resolution No. 2026-26 - Cost Recovery (Master Fee) Schedule, Fiscal Year 2026-27 including Animal Control Services
2. Cost Recovery (Master Fee) Schedule of Fees - Fiscal Year 2026-27 Including Animal Control Services
3. 07-20-2026 Cost Recovery (Master Fee) Schedule Public Notice
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, AMENDING THE COST RECOVERY
(MASTER FEE) SCHEDULE BY INCLUDING ANIMAL CONTROL
SERVICES.
WHEREAS, the City of Los Alamitos currently imposes fees upon applicants to recover the costs of staff time, inspection, copying costs and other related expenses related to the review and processing in connection with services; and, WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the City is authorized to adopt and implement fees, rates, and charges for municipal services provided that such fees, rates and charges do not exceed the estimated reasonable cost of providing such services; and, WHEREAS, in 2015, the City engaged NBS to conduct an independent User Fees and Charges Study. In March 2017, the User Fees and Charges Study was completed, which included a thorough analysis of the total cost of providing services, including applicable direct and indirect costs associated with specific services, a copy of which is maintained on file with the City Clerk; and,
WHEREAS, on July 31, 2017, the City Council adopted Resolution 2017-13, which approved the Master Fee Schedule pursuant to the recommendations set forth in the NBS User Fees and Charges Study; and,
WHEREAS, pursuant to Resolution No. 2017-13, the City Council approved and adopted updated development processing fees and other user rates, charges, and fees (collectively, “user fees”) as set forth and established in the Master Fee Schedule finding that the user fees established are reasonable and necessary to reimburse the City for its actual and reasonable costs to provide those services for which the fees are levied; and,
WHEREAS, on June 18, 2018, the City Council adopted Resolution 2018-15, approving increases to the user fees established pursuant to Resolution 2017-13, for all applicable fees and charges, in accordance with the Consumer Price Index (CPI) report for the month of March of the corresponding year for the Los Angeles area (inclusive of Orange County) for all Urban Consumers, as well as approving other adjustments that eliminated, reduced and/or modified certain user fees, by approving amendments to the Master Fee Schedule; and,
WHEREAS, on January 22, 2019 the City Council adopted Resolution No. 2019- 03, which approved: (1) an increase of 2.5% to applicable fees and charges to reflect the Bureau of Labor Statistics (BLS) Consumer Price Index (CPI) for the Los Angeles area (inclusive of Orange County) for the period of February 2018 to February 2019; (2) reduced certain fees based on recalculated amounts supported by NBS’ approved methodology and City staff tabulation; (3) approved adjustments that eliminate, reduce,
CC RESO 2026-XX
and/or modify other use fees and charges; and, (4) annual review and update of the Master Fee Schedule commensurate with changes to the CPI; and, WHEREAS, on May 18, 2020 the City Council adopted Resolution No. 2020-10, which approved an increase in 1.9% to applicable fees and charges to reflect the Bureau of Labor Statistics (BLS) Consumer Price Index (CPI) for the Los Angeles area (inclusive of Orange County) for the period of March 2019 to March 2020; and, WHEREAS, on April 19, 2021, the City council adopted Resolution 2021-06, which approved an increase of 1.0% to applicable fees and charges to reflect the Bureau of Labor Statistics (BLS) Consumer Price Index (CPI) for the Los Angeles area (inclusive of Orange County) for the period of March 2020 to February 2021; and, WHEREAS, on May 16, 2022, the City Council adopted Resolution No. 2022-11, which approved an increase in 5.0% to applicable fees and charges to reflect the Bureau of Labor Statistics (BLS) Consumer Price Index (CPI) for the Los Angeles area (inclusive of Orange County) for the period of March 2021 to February 2022; and, WHEREAS, following an RFP process, on September 6, 2022, the City entered into an agreement with Willdan Financial Services to provide a Cost Allocation Plan and Cost Recovery Study and thereby forgo any increase to applicable fees and charges for 2023, pending the outcome of the Cost Allocation Plan and Cost Recovery Study; and, WHEREAS, on May 20, 2024, the City Council adopted Resolution 2024-19 which approved an increase of 4.0% to applicable fees and charges to reflect the Bureau of Labor Statistics (BLS) Consumer Price Index (CPI) for the Los Angeles area (inclusive of Orange County) for all Urban Consumers; and, WHEREAS, on September 15, 2025, the City Council adopted Resolution 2025- 29, which approved an increase to applicable fees and charges, in accordance with the Cost Recovery Study; and,
WHEREAS, on May 26th, 2026, the City Council adopted Resolution 2026-08, which approved a Consumer Price Index increase to applicable fees and charges, in accordance with the Cost Recovery Fee Schedule; and,
WHEREAS, the City wishes to include Animal Control Services fees within the City’s comprehensive Cost Recovery schedule, ensuring that such fees strictly recover the City's actual costs and do not exceed the estimated reasonable cost to provide these services; and,
WHEREAS, the City provides Animal Control Services through an agreement with OC Animal Care, and intends for its municipal animal control fees to directly mirror, pass through, and automatically adjust in accordance with the fee schedule established by Orange County Animal Care; and,
CC RESO 2026-XX
WHEREAS, all legal prerequisites to the adoption of this Resolution, including without limitation adherence to Government Code Sections 66014, 66017, and 66018, have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. Adoption of Recitals. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct and are incorporated by reference herein.
SECTION 2. Approval of Update to User Fees. The City Council hereby approves and adopts the amendments to the Master Fee Schedule as set forth and established in Exhibit "A" attached hereto and by this reference incorporated herein, reflecting adjustments to certain user fees based on the Cost Recovery (User Fee Study), as well as other adjustments that serve to eliminate, reduce, and/or modify certain user fees; and the City Council hereby finds and determines that the adjusted user fees established herein do not exceed the estimated reasonable cost of providing the services for which the fees are levied.
SECTION 3. Effective Date. The Cost Recovery (User Fee Study) increase to and modification of certain user fees established pursuant to this Resolution shall take effect and shall be implemented 60-days following the adoption of this Resolution.
SECTION 4. Annual Review and Update. The City Council hereby directs staff to annually review and, as appropriate, recommend to the City Council an increase of the user fees included in the Master Fee Schedule on July 1st of each fiscal year, in accordance with the Consumer Price Index (CPI) reported for the month of March of the corresponding year for the Los Angeles area for all Urban Consumers.
SECTION 5. Environmental Exemption. The adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15273 of CEQA Guidelines and Section 21080(b)(8) of the Public Resources Code; and in accordance with such determination, City staff is hereby directed to file a Notice of Exemption upon adoption of this Resolution.
SECTION 6. Severability. If any user fee, rate, or charge adopted or increased by this Resolution is for any reason held to the invalid or unconstitutional by the decision of any court of competent jurisdiction, such fee, rate, or charge shall be deemed a separate, distinct, and independent provision of this Resolution, and such holding shall not affect the validity of the remaining user fees, rate, and charges adopted or revised herein. The City Council hereby declares that it would have adopted the Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. The City Clerk shall certify as to the adoption of this Resolution.
CC RESO 2026-XX
PASSED, APPROVED, AND ADOPTED this 20thth day of July, 2026. ________________________________
Tanya Doby, Mayor
ATTEST:
____________________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
____________________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, California, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 20th day of July, 2026, by the following vote to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________
Windmera Quintanar, MMC, City Clerk
30-50%
33-80%
City of Los Alamitos, CA
Cost Recovery Schedule of Fees
Updated By City of Los Alamitos Finance Department -2026 Pursuant to California Government Code Sections 66014 and 66016, the fees established herein represent the reasonable and necessary costs of providing the associated municipal services. These costs include, but are not limited to, staff time, materials, and electronic payment processing fees. By incorporating merchant fees into the primary fee amount, the City ensures transparency and compliance with Proposition 26, maintaining a total fee structure that does not exceed the actual cost of service delivery.
City of Los Alamitos - User Fee
Fully Burdened Hourly Rate Calculation
Department Position FTE's
Fully
Burdened
Hourly Rate
Development Services Planning Blended rate $471.37
Development Services Maintenance Blended Rate $146.55
Development Services Code Enforecement Blended Rate $100.50 City Administration Admin - Administrative Services Manager 1.00 $124.96 City Administration Admin - City Clerk 1.00 $137.71
City Administration Admin - City Manager 1.00 $280.59
City Administration Admin - Deputy City Clerk 1.00 $81.48 City Administration Admin - Management Analyst 2.00 $76.20 Development Services DS - Associate Planner 1.00 $245.65 Development Services DS - Code Enforcement Officer 1.00 $177.62 Development Services DS - Economic Development Supervisor 1.00 $137.94 Development Services DS - Maintenance Worker 3.00 $279.39 Development Services DS - Maintenance Worker I 1.00 $305.76 Development Services DS - Senior Planner 1.00 $357.18
Development Services Administration DS Admin - Department Secretary 2.00 $91.29 Development Services Administration DS Admin - Development Services Director 1.00 $111.39 Development Services Administration DS Admin - Development Services Manger 1.00 $0.00 Development Services Administration DS Admin - Maintenance Worker 1.00 $185.32 Development Services Administration DS Admin - Management Analyst 1.00 $121.48 Development Services Administration DS Admin - Public Works Supervisor 1.00 $63.46 Development Services - Facility Maintenance Facility - Maintenance Worker 1.00 $85.08 Finance Finance - Accountant 1.00 $91.24
Finance Finance - Finance Manager 1.00 $151.22
Finance Finance - Senior Finance Assistant 1.00 $93.27
Police Police - Community Liaison Officer 1.00 $86.01
Police Police - Police Officer 12.00 $176.16
Police Police - Police Sergeant 5.00 $249.56
Police Police - Records Specialist 3.00 $153.81
Police Police - SRO 1.00 $82.64
Recreation & Community Services Rec - Department Secretary 1.00 $131.96 Recreation & Community Services Rec - Recreation and Community Services Director 1.00 $123.78 Recreation & Community Services Rec - Recreation Coordinator 3.00 $118.92 Recreation & Community Services Rec - Recreation Coordinator/ Graphics Media 1.00 $187.82 Recreation & Community Services Rec - Recreation Manager 2.00 $140.94 Recreation & Community Services Rec - Recreation Supervisor 2.00 $211.91
Administration
Fee No. Description Unit Notes
Current Fee FY
26/27
Delinquent Customer Fees
Adm 1 Returned Check Processing (Non-Sufficient Funds NSF) Adm 2 1st NSF Check
Per CA Civil Code; 1st NSF Check is limited to $25
fee; each subsequent NSF check is limited to $35
fee
$25.00
Adm 3 Each Subsequent NSF Check
Per CA Civil Code; 1st NSF Check is limited to $25
fee; each subsequent NSF check is limited to $35
fee
$35.00
Adm 4
Transient Occupancy Tax (TOT) Administration processing fee (line addition to penalty) $12.06
Adm 5 Collections Fee $142.61
Finance Processing Fees
Adm 6 Admin Processing Fee (per transaction) $5.32
Adm 7 Refund Processing - Check $26.00
Adm 8 Check Reissuance Includes the bank fee of $30 for stop payment $60.00 Copies:
Adm 9 Per page Per Public Records Act ($ .10 per page) $0.10 Electronic Data Request (CD/DVD Copy)
Adm 10 Copy of Existing Data File $10.35
Adm 11 Copy of Non-Existing Data File CA Evidence Code 1563; Max fee $24 $24.00 Other CA Evidence Code 1564; Max fee $15 $15.00
Adm 12 Certification of Document CA Govt. Code 68097; Max fee $275 $275.00 Adm 13 Witness Oath Admin Fee $12.00
Adm 15 Notary Fee AB 2217, effective 1.1.17 $15 $15.00
Adm 16 U.S Veteran Notary Fee $0.00
Subpoena Fee
Adm 17 Response to subpoena - Hourly CA Evidence Code 1563 $29.79 Adm 18 Response to subpoena - Records CA Evidence Code 1564 $17.48 Business License
Adm 20 Change to Business License - Name Current actual cost to City $14.68 Adm 21 Change to Business License - Location Current actual cost to City $14.68 Adm 22 Duplicate Business License Current actual cost to City $14.68 Adm 23 Business License Home Occupation Inspection Cost from CD-Planning $130.89 Business Permits and Regulations
Adm 24 Bingo Permit CA Govt. Code 25845; Penal Code 326.3-326.5 $57.49 Hourly Rates
Adm 25 Admin Svcs - Hourly Rate $131.94
Adm 26 City Clerk - Hourly Rate $145.77
Election Related
Adm 27 Filing Fee Candidate's Nomiation Papers CA Elections Code 10228 $25.00
Administration
Fee No. Description Unit Notes
Current Fee FY
26/27
For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.
Public Works
Fee No. Description Unit Notes
Current Fee FY
26/27
PW 1
Improvement - Plan Check - Per Sheet (Street, Storm
Drain) - includes 3 reviews $2,138.91
PW 1
Improvement - Plan Check - Per Sheet (Street, Storm
Drain) - 4th and subsequent review $426.78
PW 2
Improvement - Inspection (Street, Storm Drain) - per
inspection
$1,282.84
PW 3 Grading - Plan Check - Residential lots $1,661.93
PW 4 Grading - Plan Check - Commercial lots Recommended fee is "Actual Cost" using fully burdened hourly rate
Deposit $1,030 -
Actual Cost
PW 5 Hydrology Report Recommended fee is "Actual Cost" using fully burdened hourly rate $1,661.93
PW 6 Geotech/ Soils Review Deposit $1,030 -
Actual Cost
PW 7 Parking Space Closure $2,565.69
PW 8 Sidewalk Closure $1,712.12
PW 9 Traffic Study Review $5,133.87
PW 10 Grading - Inspection $856.06
PW 11 Final Tract Map $2,994.97
PW 12 Parcel Map per Parcel $1,661.93
PW 13 Lot Line Adjustment $5,822.26
SB9 CA Evidence Code 1563; Max fee $24 $24.00
PW 14 Other Legal Checking CA Evidence Code 1564; Max fee $15 $15.00 PW 15 Curb Painting (per 30 l.f. of curb) CA Govt. Code 68097; Max fee $275 $275.00 PW 16 Access: Commercial $856.06
PW 17 Access: Personal/Homeowner $856.06
PW 18 Commercial Photography Motion Picture - per Day $1,496.23 PW 19 Commercial Photography/Still Pictures - per Day $426.78 PW 20
Surplus Material Removal (Review of Contractor's
Hauling Plan) $1,282.84
PW 21 Road Closure $1,496.23
Stage Rental per 4 hours $3,724.00
Misc Equipment Rental $583.07
Traffic Control Setup
Actual Cost -
Minimum
$1,097
Public Works
Fee No. Description Unit Notes
Current Fee FY
26/27
Underground Utilities:
PW 22 0-100 l.f. $1,496.23
PW 23 101-1,000 l.f. $2,138.91
PW 24 1,000 + l.f. $3,851.04
PW 25 per Additional l.f. $4.73
PW 26 Aerial Utilities - All (per pole) $1,712.13
PW 27 Landscaping / Gardening Irrigation (> 2,500 s.f.) $1,917.29 PW 28 Bus Bench / Shelter Master Permit / Renewal $1,069.45 PW 29 Bus Bench / Shelter Indiv. Bench Placement / Renewal $426.78 PW 30 Bus Shelter Master Permit & Renewal $321.34
PW 68 Bus Bench/Shelter Removal $21.83
PW 69 Bus Bench/Shelter Storage per month $10.92
PW 31 News Rack Fee $642.68
PW 32 Culvert $1,069.45
PW 33 Driveway Approach - Residential $426.78
PW 34 Driveway Approach - Commercial $1,410.88
PW 35 Curbs & Gutters per 100 l.f. $426.78
PW 36 Sidewalks $642.68
PW 37 Paving $1,496.23
PW 38 Paving per l.f. $2.02
PW 39 Catch Basin $642.68
PW 40 Storm Drain Entries 0-27" $856.06
PW 41 Storm Drain Entries > 27" $856.06
PW 42 Traffic Control Plan $1,712.13
PW 43 Memorial Tree/Rock Installation Recommended fee is "Actual Cost" using fully burdened hourly rate Actual Cost
PW 44 Old Street Sign Sale $37.66
PW 45 Sign Installation $328.87
PW 46 Barricade / Delineator Request - Per Event or Incident Recommended fee is "Actual Cost" using fully burdened hourly rate Actual Cost
PW 47 Shopping Cart Retrieval $110.46
Monitoring Well Installation Fee (Per Well)
PW 48 Plan Review $328.87
PW 49 Traffic Plan $989.12
PW 50 Inspection $336.25
Crane Permit
PW 51 Traffic Plan $989.12
PW 52 Inspection $328.87
PW 53 Outdoor Dining Permit $1,978.24
PW 54 Parklet Fee $1,320.50
Oversize/ Overweight Permit
PW 55 Single Fee Set by State ($16;$90 maximum) $16.00
PW 56 Annual Fee Set by State ($16;$90 maximum) $90.00
Public Works
Fee No. Description Unit Notes
Current Fee FY
26/27
PW 57 Tree Removal Fee Contract Rate
PW 58 Temporary "No Parking" Sign Fee $1,320.50
Impact Analysis / Review
PW 59 Traffic Recommended fee is "Actual Cost" using fully burdened hourly rate Actual Cost
PW 60 Soils Recommended fee is "Actual Cost" using fully burdened hourly rate Actual Cost
PW 61 Noise
Recommended fee is "Actual Cost" using fully
burdened hourly rate Actual Cost
PW 62 Street Vacation Fee
Recommended fee is "Actual Cost" using fully
burdened hourly rate Actual Cost
PW 63 Incident/ Accident Response (Haz Mat, Accident, Other) Recommended fee is "Actual Cost" using fully burdened hourly rate Actual Cost
PW 64 Standard City List of repair/ replacement items Recommended fee is "Actual Cost" using fully burdened hourly rate Actual Cost
Hourly Rates:
PW 65 PW Engineering - Hourly Rate $426.78
PW 66 PW Maintenance - Hourly Rate $328.87
PW 67 After Hours Rate (Per hour; 4 hour minimum $286)
After Hours: Monday through Thursday between
6pm-6am; All day Friday, Saturday, and Sunday; City
approved Holidays
$328.87
For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.
Building
Fee No. Description Unit Notes Current Fee FY 26/27
Project valuations determined by the most recent
published International Code Council (ICC) Building
Valuation Table or by Contractors signed contract, at the discretion of the Building Official
Valuation-Based Inspection Fees
Building Valuation Range
BL 1 $1 - $500 $239.16
BL 2 $501 - $2,000 $359.42
BL 3 $2,001 - $6,000 $478.31
BL 4 $6,001 - $12,000 $717.47
BL 5 $12,000 - $25,000 $957.99
BL 6 $25,001 base fee $1,197.14
BL 7 Each additional $1000 or fraction thereof up to $50,000 $38.29 BL 8 $50,001 base fee $2,113.88
BL 9 Each additional $1000 or fraction thereof up to $100,000 $14.36 BL 10 $100,001 base fee $2,818.50
BL 11 Each additional $1000 or fraction thereof up to $500,000 $5.38 BL 12 $500,001 base fee CA Evidence Code 1563; Max fee
$24 $24.00
BL 13
Each additional $1000 or fraction thereof up to
$1,000,000
CA Evidence Code 1564; Max fee
$15 $15.00
BL 14 $1,000,000 Base Fee CA Govt. Code 68097; Max fee
$275 $275.00
BL 15 Each additional $1000 beyond $1,000,000 $4.79
Valuation-Based Plan Review Fees
Building
Fee No. Description Unit Notes Current Fee FY 26/27
Building Valuation Range
BL 16 $1 - $500 $120.05
BL 17 $501 - $2,000 $120.05
BL 18 $2,001 - $6,000 $239.16
BL 20 $12,000 - $25,000 $957.99
BL 21 $25,001 - $50,000 base fee $1,410.51
BL 22 Each additional $1000 or fraction thereof up to $50,000 $19.15 BL 23 $50,001 base fee $1,765.98
BL 24 Each additional $1000 or fraction thereof up to $100,000 $9.58 BL 25 $100,001 base fee $2,349.59
BL 26 Each additional $1000 or fraction thereof up to $500,000 $1.49 BL 27 $500,001 base fee $2,934.47
BL 28
Each additional $1000 or fraction thereof up to
$1,000,000 $0.96
BL 29 $1,000,000 Base Fee $3,400.86
BL 30 Each additional $1000 beyond $1,000,000 $2.04
BL 31
Residential Track - Plan Check (Repeat $100,000 -
$500,000) $359.42
BL 32
Residential Track - Plan Check - > $500,000 each additional $100,000 $41.00
BL 33
Accessibility Plan Check (applicable to all non-residential project) 5% of plan check fee
Miscellaneous Building Fees
BL 34 Permit Issuance $60.13
Solar PV Permit Fee
Residential
BL 35 < 15 kW CA Govt Code ss 66015 $287.28
BL 36 > 15 kW CA Govt Code ss 66015 $270 plus $15 per
kW
Residential Solar Plan Check $191.52
Commercial
BL 37 < 50 kW CA Govt Code ss 66015 $1,064.00
BL 38 51 - 250 kW CA Govt Code ss 66015 $1,000 plus $7 per kW
Building
Fee No. Description Unit Notes Current Fee FY 26/27
BL 39 > 250 kW CA Govt Code ss 66015 $2,400 plus $5 per kW
BL 40 Reroof Permit Fee - Residential 1st 500 square foot $120.26 BL 41 Reroof Permit Fee - Residential for each additional 500 s.f. $60.13 BL 42 Reroof Permit Fee - Commercial 1st 1,000 square foot $383.04 BL 43
Reroof Permit Fee - Commercial for each additional 2,000 s.f. $191.52
Portable Spas and Portable Pools Placed at Grade (Single Family and Duplex Residential Only)
BL 44 Plan Review $60.13
BL 45 Inspection $60.13
Reinspection Fees
BL 46 Code Enforcement - City Attorney - per hour Actual Cost Other Fees
BL 47
Expedited Plan Review (Using Outside Consultants) Actual Cost (including Admin Cost) (hourly) Actual Cost
BL 48 Green Building and Accessibility Review 5% of Plan Check Fee BL 49 Energy Calculation Review Fee $120.26
Surcharges
BL 50 General Plan Maintenance Fee of Building
Permit Fee
To be charged on all Building
Permits for "New Construction
that add additional Square
Footage"
14%
Automation Fee of Building
Permit Fee
12%
BL 52 Additional Plan Review (per hour) $239.16
BL 53 Temporary Certificate of Use and Occupancy $60.13 BL 54 Certificate of Occupancy $60.13
BL 55 Failure to obtain permit Double Penalty 2 X Permit Fee Building Relocation Fee
BL 56 Within City
$175 + Valuation for
reconstruction of
building
BL 57 From Outside City
$175 + Valuation for
reconstruction of
building
BL 58 Same parcel
$175 + Valuation for
reconstruction of
building
Electrical Permits
Permit Issuance Fees
BL 59 For Issuing Permit $60.13
Building
Fee No. Description Unit Notes Current Fee FY 26/27
BL 60
For issuing each supplemental permit for which the
original permit has not expired, been canceled, or finaled. $19.13 BL 61 Plan Check Fee (per hour) $239.16
Unit Fee Schedule (the following do not include permit issuing fees) For receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters.
BL 62 First 10 (Fee is for 1-10) $7.59
BL 63
Additional Outlets (fee is for each. Time estimate/cost is for each 10) $1.77
Lighting Fixtures-lighting fixtures, sockets, or other lamp-holding devices BL 64 First 10 (Fee is for 1-10) $7.31
BL 65
Additional Outlets (fee is for each. Time estimate/cost is for each 10) $1.77
BL 66
Pole or platform mounted fixtures (Time estimate/cost is for first 10) $11.38
BL 67 Pole or platform mounted fixtures (each additional) $19.13 BL 68 Theatrical-type lighting fixtures or assemblies. $19.13 Residential Appliances
BL 69
For fixed residential appliances or receptacle outlets for same, including wall-mounted electric ovens; countermounted cooking tops; electric ranges; self-contained room, console, or through wall heaters; food waste
grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor operated appliances not
exceeding one horsepower (HP) in rating. (each) (For
other types of air conditioners and other motor-driven
appliances having larger electrical ratings, see Power
Apparatus.)
$79.26
Nonresidential Appliances
BL 70
For residential appliances and self-contained, factorywired nonresidential appliances not exceeding one horsepower (HP) or kilovolt (KVA) in rating including
medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains;
vending machines; laundry machines; or other types of
equipment.(each) (For other types of air conditioners and other motor-driven appliances having larger electrical
ratings, see Power Apparatus.)
$158.53
Power Apparatus
Building
Fee No. Description Unit Notes Current Fee FY 26/27
For motors, generators, transformers, rectifiers,
synchronous convertors, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking
equipment and other apparatus as follows. Rating
horsepower (HP), Kilowatts (KW), Kilovolt-amperes (KVA), or Kilovolt-amperes-reactive (KVAR).These fees include all switches, circuit breakers, contractors, thermostats,
relays, and other directly controlled equipment.
BL 71 For 1 Item $120.26
BL 72 For each additional item $41.00
Busways
BL 73
For each trolley and plug-in-type busways, each 100 feet or fraction thereof. An additional fee will be required for lighting fixtures, motors, and other appliances that are connected to trolley and plug-in-type busways. No fee is required for portable tools. (each)
$120.26
Signs, Outline Lighting, and Marquees
BL 74
For signs, outline lighting systems, or marquees supplied from one branch circuit. (each) $299.29
BL 75
For additional branch circuits with the same sign, outline lighting system, or marquee. (each) $41.00
Services (Meters)
BL 76
For services of 600 volts or less and not over 200 amperes in rating (each) $120.26
BL 77
For services of 600 volts or less and over 200 amperes to 1000 amperes (each) $179.02
BL 78
For services of 600 volts or over or over 1000 amperes in rating (each) $239.16
Sub-panels - Misc. Apparatus, Conduits, and Conductors
BL 79
For electrical apparatus, conduits, and conductors for
which a permit is required but for which no fee is herein set forth. (each)
$120.26
Temporary Power Service (give applicant orange card for temp pole) BL 80
For a temporary service power pole or pedestal including all pole or pedestal mounted receptacle outlets and
appurtenances. (each)
$120.26
BL 85
For a temporary distribution system and temporary
lighting and receptacle outlets for construction sites, decorative light, Christmas tree sales lots, fireworks
stands, etc. (each)
$41.00
Private Swimming Pools
BL 81
For new private, residential, in-ground swimming pools for single-family and multifamily occupancies including a $359.42
Building
Fee No. Description Unit Notes Current Fee FY 26/27
BL 82
*For other types of swimming pools, therapeutic
whirlpools, spas, and alterations to existing swimming
pools use the Unit Fee Schedule.
Carnivals and Circuses-traveling shows or exhibitions utilizing transportable-type rides, booths, displays, and attractions BL 83
For electrical generators and electrically driven rides (each) $120.26
BL 84
For Mechanically-driven rides and walk-through
attractions or displays having electric lighting (each) $120.26 BL 85 For a system of area and booth lighting (each) $120.26 BL 86
*For permanently installed rides, booths, displays, and attractions use the Unit Fee Schedule
Other Inspections and Fees
BL 87 Inspections outside of normal business hours (per hr.) $239.16 BL 88
Reinspection fee-flat fee assessed under provisions of
section 305(h) $120.26
BL 89
Inspections for which no fee is specifically indicated (per hour) $239.16
BL 90
Additional plan review required by changes, additions, or revisions to approved plans (per hour) $120.26
Battery Storage
Adding new electical fee for
Battery Storage
$191.52
For every Additional Batteries (each) $63.84
Mechanical Permit Fees
Permit Issuance and Heaters
BL 91 For the issuance of each mechanical permit $60.13 BL 92
For issuing each supplemental permit for which the
original permit has not expired, been canceled, or finaled. $19.13 BL 93 Plan Check Fee (per hour) $239.16
Unit Fee Schedule
Furnaces
BL 94
For the installation or relocation of each forced-air or gravity type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 BTU/h (29.3 kW)
$79.26
BL 95
For the installation or relocation of each forced-air or gravity type furnace or burner, including ducts and vents attached to such appliance over 100,000 BTU/h (29.3 kW) $79.26
BL 96
For the installation or relocation of each floor furnace, including vent $79.26
BL 97
For the installation for relocation of each suspended
heater, recessed wall heater, or floor-mounted unit
heater.
$79.26
Appliance Vents
Building
Fee No. Description Unit Notes Current Fee FY 26/27
BL 98
For the installation, relocation, or replacement of each appliance vent installed and not included in an appliance permit.
$60.13
Repairs or Additions
BL 99
For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative
cooling system, including installation of controls regulated by the Mechanical Code.
$60.13
Boilers and AC Units
BL 100
For the installation or relocation of each boiler or
compressor to and including 3 horsepower (10.6 kW), or
each absorption system to and including 100,000 Btu/h
(29.3 kW)
$79.26
BL 101
For the installation or relocation of each boiler or
compressor over 3 horsepower (10.6 kW), and including $120.26 BL 102
For the installation or relocation of each boiler or
compressor over 15 horsepower (52.7 kW), and including
30 Horsepower (105.5 kW) or each absorption over
500,000 Btu/h (146.6 kW) to and including 1,000,000
Btu/h (293.1 kW)
$159.89
BL 103
For the installation or relocation of each boiler or
compressor over 30 horsepower (105.5 kW), and including 50 Horsepower (176 kW) or each absorption over
1,000,000 Btu/h (293.1 kW) to and including 1,750,000
Btu/h (512.9 kW)
$198.16
BL 104
For the installation or relocation of each boiler or
compressor over 50 horsepower (176 kW), or each
absorption system over 175,000 Btu/h (512.9 kW)
$239.16
Air Handlers
BL 105
For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719 L/s) including ducts attached thereto. This does not apply to an air handling unit which is a portion of a factor-assembled appliance, cooling unit, evaporative cooler, or absorption unit for which a permit is required elsewhere in the Mechanical Code.
$79.26
BL 106 For each air-handling unit over 10,000 cfm (4719 L/s) $120.26 Evaporative Coolers
BL 107 For each evaporative cooler other than portable type. $79.26 Ventilation and Exhaust
BL 108 For each ventilation fan connected to a single duct $41.00
Building
Fee No. Description Unit Notes Current Fee FY 26/27
BL 109
For each ventilation system which is not a portion of any heating or air-conditioning system authorized by permit $41.00 BL 110
For the installation of each hood which is served by
mechanical exhaust, including the ducts for such hood $79.26 Incinerators
BL 111
For the installation or relocation of each domestic-type incinerator
$79.26
BL 112
For the installation or relocation of each commercial or industrial-type incinerator. $102.50
Miscellaneous
BL 113
For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance
categories, or for which no other fee is listed in the table. $79.26
Other Inspections and Fees
BL 114
Inspections outside of normal business hours, per hour (2 hrs. minimum) $478.31
BL 115
Reinspection fees assessed under provisions of Section
116.6 per inspection
$239.16
BL 116
Inspections for which no fee is specifically indicated, per hour (half hour minimum) $239.16
BL 117
Additional plan review required by changes, additions, or revisions to plans for which an initial review has been completed, per hour (half hour minimum)
$120.26
BL 118 Registers (each) $12.30
Plumbing Permit Fees
Permit Issuance
BL 119 For issuing each permit $60.13
BL 120 For issuing each supplemental permit $19.13
BL 121 Plan Check Fee (per hour) $239.16
Unit Fee Schedule (in addition to permit issuance above) BL 122
For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping, and
backflow protection therefor). Fee is for up to 10 units.
Half hour time period covers up to the first 10
$120.26
BL 123
Each additional plumbing fixture beyond 10. 10 minute
time estimate covers each group of up to 5 beyond the
original 10. Fee is for each additional group of up to 5 units.
$41.00
BL 124 For each building sewer and each trailer park sewer $60.13 BL 125
Rainwater systems-per drain (inside building) Fee is for each. Half hour time period covers 5 units. $120.26
BL 126 For each water heater and/or vent $79.26
Building
Fee No. Description Unit Notes Current Fee FY 26/27
BL 127 For each gas-piping system of one to five outlets $120.26 BL 128 For each additional gas piping system outlet, per outlet $41.00 BL 129
For each industrial waste pretreatment interceptor
including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps.
$120.26
BL 130
For each installation, alteration, or repair of water piping and/or water treatment equipment. Fee is for each unit.
Half hour time period covers 10 units.
$120.26
BL 131
For each repair or alteration of drainage or vent piping, each fixture. 15 minute time period covers 5 units $60.13 BL 132
For each lawn sprinkler system on any one meter
including backflow protection devices therefor $60.13
For atmospheric-type vacuum breakers not included in previous item BL 133 1 to 5 $60.13
BL 134 over 5, each $41.00
For each backflow protective device other than atmospheric type vacuum breakers BL 135 2 inch (51 mm) diameter and smaller $79.26
BL 136 over 2 inch (51 mm) diameter $79.26
BL 137 For each Graywater system $120.26
BL 138
For initial installation and testing for a reclaimed water system (per hour) $240.52
BL 139
For each annual cross-connection testing of a reclaimed water system (excluding initial test) $120.26
BL 140
For each medical gas piping system serving one to five
inlets/outlets for a specific gas (per hour) $120.26
BL 141 For each additional medical gas inlets/outlets $120.26 Other inspections and fees
BL 142
Inspections outside of normal business hours (per hour, 2 hour min) $478.31
BL 143 Reinspection Fee (per hour) $239.16
BL 144
Inspections for which no fee is specifically indicated (per hour) $239.16
BL 145
Additional plan review required by changes, additions, or revisions to approved plans (half hour minimum) $120.26 Hourly Rate
BL 146 Building - Hourly Rate $239.16
Window Fees
BL 147 Residential Window Replacement (up to 4 windows) $119.81 BL 148 Each additional window over 4 $78.99
Commercial Sign Fees
BL 149 Commercial Signs - No Electrical (First sign) $239.16 BL 150 Each additional commercial sign no electrical $119.81 BL 151 Commercial Signs - with Electrical $539.80
Building
Fee No. Description Unit Notes Current Fee FY 26/27
BL 152 Each additional commercial sign with electrical $119.81 For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the
Planning
Fee No. Description Unit Notes Current Fee FY 26/27
Planning Zoning Related Fees
PL 1 Accessory Structure Fee $326.65
PL 2
Administrative Use Permit - New (ex. Outside
Dining) $522.42
PL 3
Administrative Use Permit - Renewal (ex. Outside
Dining) $391.55
Affordable Housing Application Fee $3,008.99
PL 4 Annexation Deposit Actual Cost using FBHR $1,306.59 PL 5 Appeal - Director - Non-Resident $628.82
PL 5.1 Appeal - Director - Resident $628.82
PL 6 Appeal - Planning Commission - Non-Resident Deposit $1,804.54 PL 6.1 Appeal - Planning Commission - Resident $1,804.54 PL 7 Applicant Case Continuance Fee $1,306.59
PL 8 Business License - Field Inspection $522.42
PL 9
Contract Planner - Expedited Services - Deposit
(based on project) CA Evidence Code 1563; Max fee $24 $24.00 PL 10 Cottage Food Operation Permit CA Evidence Code 1564; Max fee $15 $15.00 PL 11 CUP - Minor - Use Change CA Govt. Code 68097; Max fee $275 $275.00 PL 12 CUP - Major - Construction Related $2,066.29
PL 13 Development Agreement Deposit Actual Cost using FBHR $1,804.54 PL 14 Ext of Time Requests - Discretionary Deposit $522.42 PL 16 General Plan Amendment Deposit $8,551.37
PL 17 Home Occupation Permit $260.68
PL 18
Inspection Fee for Planning/ Code Enforcement
(excessive) $522.42
PL 20 Noticing Fee $783.10
PL 21
Planning Plan Check - Minor (Additional Sq. Ft of
≤ 250 sq. ft.) $391.55
PL 22 Planning Plan Check - Major (> 250 Sq. Ft) $1,044.85 PL 23 Pre-Application Meeting $1,432.14
PL 24 Preliminary Review $522.42
PL 25 Review of CCR's Actual Cost using FBHR Actual Cost PL 26 Second Dwelling Unit application review $783.10
PL 27 Signs: Sign Permit $260.68
PL 28 Signs: Planned Sign Program $1,804.54
PL 29 Signs: Temp Banner/Sign $64.90
PL 30
Site Development Permit - Minor (additions,
minor improvements; covers up to 1 hour) $1,686.44
PL 31
Site Development Permit- Major (all others) 1-5
units
$4,432.62
PL 31
Site Development Permit- Major (all others) 5+
units
$8,866.31
Specific Plan $2,660.00
PL 32 Street Name Change Request $1,829.02
PL 33 Street Naming $2,613.18
Planning
Fee No. Description Unit Notes Current Fee FY 26/27
Sidewalk Vending $522.42
PL 34 Temporary Use Permit $391.55
PL 35
Temporary Use Permit (road closures, parades) -
Non-Resident $1,044.85
PL 35.1
Temporary Use Permit (road closures, parades) -
Resident $1,306.59
PL 36 Tentative Parcel Map $1,306.59
PL 37 Tentative Tract Map $2,349.31
PL 38 Variance $2,349.31
PL 39 Zoning Letter $783.10
PL 40 Zoning Ordinance Amendment - Map Deposit Actual Cost using FBHR $2,491.89 PL 41 Zoning Ordinance - Text Amendment Deposit Actual Cost using FBHR $3,130.29 PL 42 Zoning Permit $260.68
Environmental Review
PL 43 Initial Environmental Assessment $129.81
PL 44 Assessment - Historical Structures $268.13
PL 46 Negative Declaration Actual Cost using FBHR Actual Cost PL 47 Mitigated Negative Declaration Actual Cost using FBHR Actual Cost PL 48 Environmental Impact Report Actual Cost using FBHR Actual Cost PL 49 Initial Study Actual Cost using FBHR Actual Cost
NPDES/Stormwater
PL 50 High - Annual Inspection $784.92
PL 51 Medium (every 2 yrs.) $523.28
PL 61 Low (every 5 yrs.) $311.75
Document Fees
PL 52 Copy Services (Per Page) $0.11
PL 53 Plans - Blueprints Actual Cost using FBHR Actual Cost PL 54 Special Research by Planning Staff (hourly) $501.14 PL 55
County Recording Fee (pass thru; check written
directly to County) Actual Cost using FBHR Actual Cost
Processing Fees
PL 56 Cash Bond Acceptance and Processing $130.90
PL 57 Tract/Other Bonds Processing $130.90
PL 58 Lien Processing $130.90
Special Regulatory Business Permits
* Require a Conditional Use Permit (CUP) - fees
are listed above and background review per
Police Department (corresponding fees if
applicable)
Entertainment Related Fees
PL 59 Live Entertainer - License Deposit Actual Cost using FBHR $1,596.00 PL 60 Live Entertainer - Application renewal Deposit Actual Cost using FBHR $1,596.00 Escort Related Businesses Fees
PL 63 Escort License - Agency , Deposit Actual Cost using FBHR $1,596.00 PL 64 Escort License - Agency renewal Deposit Actual Cost using FBHR $851.20 PL 65 Escort License - Individual Deposit Actual Cost using FBHR $1,596.00 PL 66 Escort License - Individual renewal Deposit Actual Cost using FBHR $1,596.00
Planning
Fee No. Description Unit Notes Current Fee FY 26/27
Adult Related Businesses Fees
PL 67 Adult Use - Planning Permit Fee Deposit Actual Cost using FBHR $1,596.00 PL 68 Adult Oriented Business License Deposit Actual Cost using FBHR $1,596.00 PL 69 Adult Oriented Business License (Renewal) Deposit Actual Cost using FBHR $1,596.00 PL 70 Adult Use Planning Permit Fee - Ext. of Non Conf. Deposit Actual Cost using FBHR $1,596.00 PL 71 Figure Model License Deposit Actual Cost using FBHR $1,596.00 PL 72 Figure Model License (Renewal) Deposit Actual Cost using FBHR $1,596.00 Code Enforcement (fees in addition to fines)
PL 73 Violation Reoccurrence Fee $213.86
PL 74 Code Enforcement - Re-Inspection $213.86
PL 75
Code Enforcement - Right of Way Pick
Up/Storage (signs) $213.86
Other
PL 76 Admin Processing Fee (Delinquent processing) $130.90 Hourly Rate
PL 77 Planning - Hourly Rate $260.68
Banner Fees
PL 78 2-sided Banner Permit on Los Alamitos Blvd
Median
$100 admin fee +
$95/per banner
WQMP Fees
PL 79 Review and Inspection Fee Deposit $2,447.20 For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application, including all applicable Citywide Overhead. A Deposit may be required in place of a Flat fee, with actual costs
Police
Fee No. Description Notes
Current Fee FY
26/27
PD 1 Administration Arrest Fee $275.25
PD 2 Reports (avg. 5 pages @ $ .10 page) $1.50
PD 3 Bicycle Registration $1.50
PD 4 Log Item $1.50
PD 5 Electronic Data Request (CD/DVD Copy)
PD 6 Copy of Existing Data File $7.00
PD 7 Copy of Non-Existing Data File $30.75
PD 70 Livestock Street Permit Fee $30.75
PD 8 Repossession Verification Fee CA Govt Code 26751; Maximum fee $15 (Repossession) $15.00
PD 9 30 Day Impound $340.50
PD 10
Vehicle release- municipal code/vehicle code/parking
violation $210.75
PD 11 Vehicle Release - Arrest / Cite and Release $385.25 PD 12 Vehicle Release - DUI $442.75
Subpoena Fees
PD 13 Response to subpoena - Hourly CA Evidence Code 1563; Max fee $24 $24.00
PD 14 Response to subpoena - Records CA Evidence Code 1564; Max fee $15 $15.00
PD 15
Response to subpoena - Civil - (Deposit per day; actual costs) CA Govt. Code 68097; Max fee $275 $275.00
PD 16 Alarm Permit - New $85.00
PD 17 Alarm Permit - Renewal $37.00
PD 18 Alarm Permit - Renewal - Senior Discounted Rate $0.00 PD 19 False Alarm Response (1st 3 free per year) $0.00
PD 20 False Alarm Response (>3 per year) $245.00
PD 21 False Alarm Response without a Permit $220 or get a permit
Police
Fee No. Description Notes
Current Fee FY
26/27
PD 23 Citation Sign Off CA GC 26746.1 $20 maximum $20.00 PD 24 VIN Verification CA Govt Code 26746.1; CA Vehicle Code 40616; Maximum fee $20 $20.00
PD 25 Handicap/Parking Violation Sign Off $18.00
PD 26 Record Check/ Clearance letter $18.00
Massage Related Businesses Fees
PD 27 Massage Practitioner/Owner Permit $1,030.00
Special Regulatory Business Permits
* Background review required for some businesses, as
shown below and corresponding fee; Planning may also
require a Conditional Use Permit (CUP), if applicable
Escort Related Businesses Fees
PD 29 Escort License - Agency $695.00
PD 30 Escort License - Agency renewal $232.00
PD 31 Escort License - Individual $695.00
PD 32 Escort License - Individual renewal $232.00
Adult Related Businesses Fees
PD 33 Adult Use - Planning Permit Fee $57.50
PD 34 Second Hand/ Pawn Shop Dealer Annual Permit $398.00 PD 35 Gun Dealer Annual Permit $398.00
PD 36 Drug/DUI/Hazmat/Other Incident Response
PD 37 * DUI - $12,000 Maximum per State law
CA Govt. Code 53150-35159; Actual
costs recommended using Fully
Burdened Hourly Rates (FBHR)
Actual Cost
HOURLY RATEs
PD 38 Sworn $186.00
PD 39 Non-Sworn $91.00
Peddling, Canvassing and Soliciting Permit
PD 40 Application Fee for peddling, canvassing and soliciting $224.50 For services requested of City staff which have no fee listed in this fee schedule, the City Manager of the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.
Animal Control Services
Fee No. Description Current Fee FY 26/27
I. FEES FOR ANIMAL LICENSES (Annual)
Annual Dog License (12 months)
AC 1 a. Non-neutered $ 159.00
AC 2 b. Neutered $ 28.00
AC 3 c. Neutered, Sr Citizen discount $ 14.00
AC 4 d. Puppy, 6 months old or younger $ 28.00
Cat License (12 months)
AC 5 a. Non-neutered $ 9.00
AC 6 b. Neutered $ 9.00
Other
AC 7 a. Reissue of lost dog or cat license tag $ 9.00
AC 8 b. Transfer of dog or cat license $ 9.00
c. Assistance dog license $ -
d. Police/Law Enforcement dog license $ -
e. Exotic Animal Permit
AC 9 Per Aviary $ 587.00
AC 10 Per Species $ 587.00
f. Animal Permit (per household per year)
AC 11 More than three (3) animals $ 391.00
More than three (3) animals - Nonprofit $ -
AC 12 Late Fee $ 48.00
AC 13 Non-Compliance Fee-Collections $ 58.00
AC 14 Non-Compliance Fee $ 150.00
AC 15 Rabies Vaccination Exemption Fee $ 65.00
4-1-95 Declared Dog
AC 16 a. 4-1-95 Declared Dog Permit $ 587.00
II. FEES FOR ANIMAL BUSINESS LICENSES
AC 17 Application Fee $ 138.00
AC 18 Reinspection Fee $ 466.00
Commercial Kennels Permit
AC 19 a. under 30 animals $ 874.00
AC 20 b. over 30 animals $ 933.00
Pet Shop
AC 21 a. Aquatic only $ 1,219.00
AC 22 b. Pet shop $ 1,160.00
AC 23 Fixed Location Grooming Parlor (per year) $ 608.00 Mobile Groomers
AC 24 a. Field Inspection $ 585.00
AC 25 b. OCAC Inspection $ 500.00
AC 26 Animal Rental Establishment (per year) $ 531.00
Fee No. Description Current Fee FY 26/27
I. FEES FOR ANIMAL LICENSES (Annual)
AC 27 Permanent Animal Exhibition (per year) $ 707.00
Temporary Animal Exhibition
AC 28 a. First day $ 161.00
AC 29 b. Additional day (not to exceed per year max) $ 80.00 Commercial Stable (per year)
AC 30 a. 1-49 horses $ 1,120.00
AC 31 b. 50-99 horses $ 1,238.00
AC 32 c. 100 or more $ 2,073.00
Circus (billed as hrly rate)
AC 33 Business Licensing Hrly Rate $ 145.00
AC 34 Vet Svcs. Hrly Rate $ 123.00
Rodeo (billed as hrly rate) $ 145.00
III. FEES FOR ANIMALS IMPOUNDED
Daily Feed and Care
AC 35 a. Large animal $ 155.00
AC 36 b. Medium animal $ 101.00
AC 37 c. Dog or cat $ 64.00
AC 38 d. All other animals $ 10.00
Veterinary Services
AC 39 a. Rabies Vaccination $ 10.00
AC 40 b. Svcs. performed by County staff, $31 per qtr. Hr./ $ 31.00 $2.00 per minute.
AC 41 c. Emergency services performed by other than $ 100.00 County staff, per treatment
d. Other procedures
AC 42 e. Owner Requested Euthanasia $ 132.00
Health Related Grooming
AC 43 a. Minor $ 21.00
AC 44 b. Major $ 90.00
Health Related Bath
AC 45 a. Small $ 24.00
AC 46 b. Medium $ 33.00
AC 47 c. Large $ 50.00
Disposal Options
a. Cremation $ -
AC 48 b. Rendering $ 19.00
Impound Fees
Brought in by Field Officers
AC 49 a. Large animal (horse, cow, etc.) $ 171.00
AC 50 b. Medium animal (pig, sheep, etc.) $ 134.00
Fee No. Description Current Fee FY 26/27
I. FEES FOR ANIMAL LICENSES (Annual)
AC 51 c. Dog or cat (1st Impound) $ 196.00
AC 52 c. Dog or cat (2nd and Subsequent Impounds) $ 205.00 AC 53 d. Other small animal $ 64.00
Brought in by Citizens/Over the Counter
AC 54 a. Large animal (horse, cow, etc.) $ 126.00
AC 55 b. Medium animal (pig, sheep, etc.) $ 99.00
AC 56 c. Dog or cat (1st Impound) $ 134.00
AC 57 c. Dog or cat (2nd and Subsequent Impounds) $ 134.00 AC 58 d. Other small animal $ 64.00
* Take Me Home within 24 Hours $ -
Owner Requested Disposal from Field
AC 59 a. Large animal (horse, cow, etc.) $ 232.00
AC 60 b. Medium animal (pig, sheep, etc.) $ 138.00
AC 61 c. Dog, cat or other small animal $ 32.00
Impound Fines (Non-Sterilized Animals)
AC 62 a. First Occurrence $ 35.00
AC 63 b. Second Occurrence $ 50.00
AC 64 c. Thirds or subsequent occurrence $ 100.00
Placement Fees
a. Dog
AC 65 Days 1-5 after being made available $ 53.00
AC 66 Days 6-30 after being made available $ 26.00
Day 31 and over after being made available $ -
b. Cat
AC 67 Day 1 after being made available $ 53.00
Day 2 after being made available $ -
AC 68 c. Exotic animals, including birds and reptiles $ 53.00 AC 69 d. Other animals (except livestock) $ 26.00
AC 70
e. Livestock lower of actual cost
or market value
f. Sr. Animal for Sr. Citizen - Dog
Dog $ -
Cat $ -
Microchip
AC 71 a. Implant & Registration Fee $ 14.00
b. Home Again Re-Registration Only Fee $ -
c. Home Again New Registration Only Fee $ -
AC 72 d. Avid Registration Only Fee $ 1.00
AC 73 Canine Spay/Neuter Fee $ 84.00
AC 74 Feline/Rabbit Spay Neuter Fee $ 84.00
Fee No. Description Current Fee FY 26/27
I. FEES FOR ANIMAL LICENSES (Annual)
AC 75 Relinquishment Fee (Owner Surrender) $ 34.00
AC 76 Deceased Animal Disposal (at Shelter) Fee $ 13.00 AC 77 Quarantine Fee $ 145.00
AC 78 Animal Delivery Fee $ 54.00
AC 79 Vicious Declaration Fee $ 1,571.00
AC 80 4-1-95 Non-Compliance Fee (1st Occurrence) $ 324.00 AC 81 4-1-95 Non-Compliance Fee (2nd Occurrence or Move w/ No Notice) $ 652.00 AC 82 4-1-95 Non-Compliance Fee (3rd Occurrence or Stray at Large) $ 899.00 Taxable Sales
AC 83 a. Cat carrier fee $ 4.00
AC 84 b. Animal leash fee $ 1.00
AC 85 c. Pet ID tag (Unlicensed) $ 2.00
AC 86 Sedation Fee $ 15.00
For services requested of City staff which have no fee listed in this fee schedule, the City Manager of the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.
Recreation & Community Services
Acct No. Description Unit
Current FY
Cost Recovery
Level
553 COMMUNITY SERVICES 30%
Community Services - Seniors
Facility Rental (Comm. Center, Gym, Shelters)
554 DAY CAMP 85%
555 PLAYGROUND 0%
556 SPORTS 64%
Adult Sports
Youth Sports
Facility Rental (Fields)
557 SPECIAL CLASSES 35%
552 Aquatics
Special Classes
Youth Volunteer Program
557 PRESCHOOL 86%
558 SPECIAL EVENTS 65%
City Special Events
Equipment Rental
Minimum Value
Maximum
Value
Current Base
Rate
Current Base
Rate 2025
Suggested
Base Rate
Current
Plus $$ Adopted For every
1.00 500.00 0.00 201.21 207.04 0.00 0.00 0.00
501.00 2,000.00 302.39 302.39 311.16 0.00 0.00 0.00
2,001.00 6,000.00 402.41 402.41 414.08 0.00 0.00 0.00
6,001.00 12,000.00 603.62 603.62 621.13 0.00 0.00 0.00
12,001.00 25,000.00 805.98 805.98 829.35 0.00 0.00 0.00 25,001.00 50,000.00 1,007.19 1,007.19 1,036.40 32.22 35.99 1,000.00 50,001.00 100,000.00 1,778.46 1,778.46 1,830.03 12.08 13.49 1,000.00 100,001.00 500,000.00 2,371.28 2,371.28 2,440.05 4.53 5.06 1,000.00 500,001.00 1,000,000.00 4,148.68 4,148.68 4,268.99 5.63 6.29 1,000.00 1,000,000.01 and up 6,911.28 6,911.28 7,111.71 4.03 4.50 1,000.00 Valuation-Based Inspection Fees
Minimum Value
Maximum
Value
Current Base
Rate
Current Base
Rate 2025
Suggested
Base Rate
Current
Plus $$ Adopted For every
1.00 500.00 0.00 101.00 103.93 0.00 0.00 0.00
501.00 2,000.00 101.00 101.00 103.93 0.00 0.00 0.00
2,001.00 6,000.00 201.21 201.21 207.04 0.00 0.00 0.00
6,001.00 12,000.00 402.41 402.41 414.08 0.00 0.00 0.00
12,001.00 25,000.00 805.98 805.98 829.35 0.00 0.00 0.00 25,001.00 50,000.00 1,186.70 1,186.70 1,221.11 16.11 18.00 1,000.00 50,001.00 100,000.00 1,485.76 1,485.76 1,528.85 8.06 9.00 1,000.00 100,001.00 500,000.00 1,976.77 1,976.77 2,034.10 1.25 1.40 1,000.00 500,001.00 1,000,000.00 2,468.84 2,468.84 2,540.44 0.80 0.89 1,000.00 1,000,000.01 and up 2,861.23 2,861.23 2,944.20 1.72 1.92 1,000.00 Valuation-Based Plan Review Fees
PUBLIC NOTICE
CITY OF LOS ALAMITOS
City Council Chamber
3191 Katella Ave.
Los Alamitos, CA 90720
DATE: MondayTuesday, JulyMay 206th, 2026 at 66:00 pm
NOTICE IS HEREBY GIVEN, at the above-referenced date and time, the City Council of the City of Los Alamitos will conduct a Public Hearing to receive and consider all evidence and reports presented at said hearing and/or obtained previously by said Council relative to the Proposed Cost Recovery (Master Fee) Schedule, for which users make a direct payment proportionate to the services rendered.
The Cost Recovery (Master Fee) Schedule Resolution establishes fees for City Services. The fee resolution and accompanying justification document outline the increased fees in a single document.
A copy of the proposed Cost Recovery (Master Fee) Schedule is available for inspection on the City’s website: https://cityoflosalamitos.org/206/Finance or by appointment only at the Office of the City Clerk of the City of Los Alamitos, 3191 Katella Ave., Los Alamitos, CA 90720, CA.
If you challenge the decision of any of the actions listed above in court, you may be limited to raising only those issues you or someone else raised in written or emailed correspondence delivered to the City Council at or prior to the Public Hearing. Questions or comments can also be directed to the City Clerk at (562) 431-3538, ext. 220, City Hall, 3191 Katella Avenue, Los Alamitos, California 90720.
The City Council meeting agenda and staff reports will be available on the City’s website 72 hours prior at www.cityoflosalamitos.org. If you experience technical difficulties regarding accessing the agenda materials or the meeting by teleconference, please contact the City Clerk at (562) 431-3538, ext. 220 or [email protected].
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk at (562) 431-3538, ext. 220.
Notification by noon on the date of the Public Hearing will enable the City to make arrangements to ensure accessibility to this meeting.
For further information, please contact Craig Koehler, Finance Director, at (562) 431-3538 ext. 222.
Dated: JuneMay 529th, 2026
Publish: July 1st, 2026May 11, 2026
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 20, 2026 ITEM NUMBER: 12B
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Assistant City Manager/Development Services Director Chris Kelley, City Engineer
Subject: Resolution No. 2026-24 - Annual Adjustment to the Public Works Bidding Threshold
SUMMARY
Charter Section 1206 outlines the City’s requirements for public works contracting, including competitive bidding for projects above a defined threshold. The Charter permits annual adjustment of the bidding threshold based on the California Construction Cost Index (CCCI).
For 2026, the City Engineer calculated a 1.97% increase in the CCCI from June 1, 2025 to June 1, 2026, resulting in an updated bidding threshold of $127,462. Upon City Council confirmation, this amount will become the official threshold for public works contracts.
RECOMMENDATION
1. Open the Public Hearing for public testimony; and,
2. Adopt Resolution No. 2026-24, entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING THE ANNUAL ADJUSTMENT
TO THE PUBLIC WORKS BIDDING THRESHOLD BASED ON THE CALIFORNIA CONSTRUCTION COST INDEX CHANGE FROM JUNE 1, 2025, TO JUNE 1, 2026".
BACKGROUND
Charter Section 1206 establishes the policies and procedures governing public works contracting in the City of Los Alamitos. Public works include construction or improvements to City facilities such as buildings, streets, sewers, utilities, parks, and similar infrastructure. The City Council may adopt public works contracting policies by reference to state law. With limited exceptions, the City Council awards contracts over the established bidding threshold to the lowest responsible bidder following a formal bidding process. Bid solicitation requires publication in the official newspaper at least 10 days prior to bid opening. Work performed by the City or the County of Orange is exempt from these bidding requirements. The City Manager is authorized to award contracts below the established bidding threshold in accordance with Chapter 2.62 of the Los Alamitos Municipal Code.
The bidding threshold amount for public works contracts was initially set at $125,000. The Charter allows for this amount to be adjusted annually based on the California Construction Cost Index (CCCI). Each year, the City Engineer shall calculate the percentage change in the CCCI and update the threshold accordingly, subject to Council confirmation at a public hearing. Should the CCCI be revised or discontinued, the City Engineer must use a revised or
comparable index approved by the Council.
DISCUSSION
The CCCI is based on the average of Building Cost Indexes for San Francisco and Los Angeles from Engineering News-Record, and is updated monthly by the California Department of General Services (DGS), U.S. Bureau of Labor Statistics. The City Engineer has calculated the percentage difference between the current CCCI as of June 1, 2026 and the CCCI as of June 1, 2025, to be 1.97%. In accordance with Charter Section 1206, the bidding threshold has been adjusted by this percentage to the nearest dollar amount, resulting in a threshold of $127,462.
A Public Hearing Notice was published in the Orange County Reporter on July 1, 2026, and July 8, 2026. Upon confirmation by the City Council, the adjusted amount will become the official bidding threshold for the City of Los Alamitos Public Works Contracts.
FISCAL IMPACT
None.
Attachment: 1. Reso 2026-___ CCCI Adjustment to Bidding Threshold
RESOLUTION NO. 2026-0___
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
LOS ALAMITOS, CALIFORNIA, APPROVING THE
ANNUAL ADJUSTMENT TO THE PUBLIC WORKS
BIDDING THRESHOLD BASED ON THE CALIFORNIA
CONSTRUCTION COST INDEX CHANGE FROM JUNE
1, 2025 TO JUNE 1, 2026.
WHEREAS, the City Charter Section 1206 governing Contracts on Public Works establishes an annual adjustment of the bidding threshold amount for Public Works Projects; and,
WHEREAS, the bidding threshold determines when a public works contract must be awarded through a formal competitive process; and, WHEREAS, the City Charter established an initial bidding threshold amount of $125,000 that is subject to annual adjustments by the City Engineer based on the California Construction Cost Index (CCCI) change from one year to the next; and,
WHEREAS, The City Engineer has calculated the CCCI increase from June 1, 2025 to June 1, 2026 to be 1.97%; and
WHEREAS, the CCCI adjustment is subject to confirmation by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.
SECTION 2. The City Council hereby confirms the CCCI annual adjustment to be 1.97% and the Public Works bidding threshold shall be set at $127,462.
SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.
CC RESO XX-XX
PASSED, APPROVED, AND ADOPTED this 20th day of July, 2026. ________________________________
Tanya Doby, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, CMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 20th day of July, 2026, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________________
Windmera Quintanar, MMC, City Clerk