AGENDA
CITY COUNCIL
JUNE 18, 2024
CLOSED SESSION MEETING
5:00 PM
REGULAR MEETING
6:00 p.m.
NORWALK CITY HALL/COUNCIL CHAMBERS
Margarita L. Rios, Mayor
Tony Ayala, Vice Mayor
Jennifer Perez, Councilmember
Rick Ramirez, Councilmember
Ana Valencia, Councilmember
Public Comment: The public is encouraged to address City Council on any matter listed on the agenda or on any other matter within its jurisdiction subject to the rules of decorum described in Section 2.08.020 of the Norwalk Municipal Code. If you wish to address City Council, please complete a speaker card and hand the card to the Sergeant at Arms. City Council will hear public comment on items listed on the agenda during discussion of the matter and prior to a vote and on matters not listed on the agenda during the Oral Communications period.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
Please adhere to the following procedures when addressing the City Council: Comments should be limited to 3 minutes or less and
directed to the City Council as a whole and not directed to individual Councilmembers.
Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s department, (562) 929-5720. Assisted listening devices are available at this meeting. Ask the City Clerk if you desire to use this device. Upon request, the agenda and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Note: Any writings and/or documents provided to a majority of the City Council regarding any item on this agenda after it has been posted will also be made available for public inspection. Writings and/or documents are available for inspection in the City Clerk’s Department, during regular business hours, 8:00 a.m. to 6:00 p.m., Monday – Thursday and 8:00 a.m. to 5:00 p.m., every other Friday; telephone (562) 929-5720. You may also contact the City Clerk via e-mail at [email protected].
Gov. Code § 84308: Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. § 84308: Yes" on this agenda indicates that the item is subject to these regulations.
City Council, June 18, 2024 Page 2 of 7
CLOSED SESSION MEETING – 5:00 PM
CALL TO ORDER
Mayor Rios
ROLL CALL
Theresa Devoy, CMC
City Clerk
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
CLOSED SESSION
I. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE §54956.8: Property: Front Street properties, Assessor Property Numbers 8056-015-014 and 8056-025-020; Negotiating Parties: Jesus M. Gomez, City Manager, on behalf of the City and Arturo Sneider, Primestor Development Inc.; Under Negotiation: Price and Terms of Payment.
RECESS
REGULAR MEETING – 6:00 p.m.
CALL TO ORDER
Mayor Rios
INVOCATION
Myrna Brito
Spirit Life Community Church
FLAG SALUTE
Hailee Garcia
Hutchinson Middle School
ROLL CALL
Theresa Devoy, CMC
City Clerk
CLOSED SESSION REPORT
CITY COUNCIL COMMENTS
a. Report of City Council Travel
City Council, June 18, 2024 Page 3 of 7
SPECIAL PRESENTATIONS
I. City Council to Recognize Mr. William Rivera for his First Aid Assistance to Senior Citizen.
II. City Council to recognize Deputy Kelley for his Outstanding Service to Norwalk as Motor Deputy.
III. City Council to proclaim July as Parks and Recreation month in the City.
IV. Presentation of a California Emergency Services Association Silver Award.
CITY MANAGER COMMENTS
1. Hermosillo Park Update.
2. Norwalk 5K Run Recap.
3. Bi-Weekly Review Video.
DIRECTOR'S REPORT
Community Development Department Update.
CONSENT CALENDAR
Consent calendar items are considered routine matters which may be enacted by one motion and roll call vote.
Any item may be removed from the consent calendar and considered separately by City Council.
1. MEETING MINUTES
STAFF RECOMMENDS CITY COUNCIL APPROVE THE MINUTES OF THE MEETINGS OF MAY 28, 2024 AND JUNE 4, 2024. 825-04
2. PAYROLL FOR THE PERIODS APRIL 28, 2024 – MAY 11, 2024, MAY 12, 2024 – MAY 25, 2024 AND MAY 26, 2024 – JUNE 8, 2024
Staff recommends City Council approve:
a. gross payroll in the amount of $1,182,351.98; the payroll check numbers 38087 – 38094 and the voucher numbers 331714 – 332226 in the total net amount of $878,989.63 for the pay period April 28, 2024 – May 11, 2024; and
b. gross payroll in the amount of $1,153,121.78; the payroll check numbers 38095 – 38102 and the voucher numbers 332227 – 332734 in the total net amount of $915,141.19 for the pay period May 12, 2024 – May 25, 2024; and
c. gross payroll in the amount of $1,548,379.63; the payroll check numbers 38103 – 38111 and the voucher numbers 332735 – 333260 in the total net amount of $1,156,918.18 for the pay period May 26, 2024 – June 8, 2024.
3. COMMERCIAL DEMANDS
STAFF RECOMMENDS CITY COUNCIL APPROVE THE WARRANT REGISTER PERIOD MAY 29, THROUGH JUNE 10, 2024 IN THE TOTAL AMOUNT OF $2,649,760.91. 640
4. 2024 APPLICATIONS FOR RETAIL FIREWORKS SALES PERMITS Staff recommends City Council approve the organizations eligible to obtain retail fireworks permits and authorize issuance of permits.
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5. PROJECT NO. 7927.2 - ACCEPTANCE OF WORK FOR - LOCAL STREETS REHABILITATION PROGRAM ZONE 3 – ENGINEERS REPORT 24-09
Staff recommends City Council accept the work of R.J. Noble Company in the amount of $5,398,018 for Project No. 7927.2 – Local Streets Rehabilitation Program – Phase 2 Zone 3.
6. AGREEMENT – CAPITAL BUS TIRE LEASING SERVICES FOR NORWALK TRANSIT SYSTEM Staff recommends City Council approve a lease agreement with The Goodyear Tire and Rubber Company for bus tire leasing for a three year term from July 1, 2024 through June 30, 2027, with an option to extend the agreement for two one-year periods for a total contract value of $476,000; and authorize the City Manager to execute the agreement, and any amendments provided there is funding in the budget and they are within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
7. AGREEMENT – SUPPLY OF AUTOMOTIVE PARTS AND SUPPLIES
Staff recommends City Council approve a three year agreement, from July 1, 2024 through June 30, 2027 with H&H Auto Parts Wholesale for Automotive Parts and Supplies with an option to extend the agreement for two one-year periods for a total contract value of $175,000; and authorize the City Manager to execute the agreement, and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
8. AGREEMENT AMENDMENT NO. 1 - TEMPORARY SERVICES TO ASSIST THE CHILD CARE DIVISION Staff recommends City Council approve Amendment No. 1 in the amount of $77,000 to the Robert Half Customer Agreement through November 1, 2024; and authorize the City Manager to execute the amendment on behalf of the city, in a form approved by the City Attorney.
9. RESOLUTION NO. 24-28 - ADOPTING PURCHASING POLICY FOR FISCAL YEAR 2024/25 Staff recommends City Council adopt Resolution No. 24-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK ADOPTING THE PURCHASING POLICY FOR FISCAL YEAR 2024/25.
10. AGREEMENT – CUMMINS PARTS AND MINOR REPAIR SERVICES FOR NORWALK TRANSIT SYSTEM
Staff recommends City Council approve a three year agreement, from July 1, 2024 through June 30, 2027 with Cummins, Inc. for Cummins OEM Parts and Minor Repair Services with an option to extend the agreement for two one-year periods for a total contract value of $350,000; and authorize the City Manager to execute the agreements, and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
11. PROJECT NO. 7872 - RESOLUTION NO. 24-33 - BUDGET AMENDMENT - AWARD OF CONTRACT FOR – TRANSPORTATION CENTER AND SOCIAL SERVICES PARKING LOT RESURFACING Staff recommends City Council:
a. adopt Resolution No. 24-33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2024/25 PROPOSED BUDGET TO APPROPRIATE AVAILABLE GAS TAX FUNDING TO PROJECT NO. 7872 – TRANSPORTATION CENTER AND SOCIAL SERVICES PARKING LOT RESURFACING, in the amount of $452,000; and
b. award a construction contract to All American Asphalt for Project No. 7872, Transportation Center and Social Services Parking lot resurfacing, in the amount of $395,021; and authorize the City Manager to execute the contract, and amendments if it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
12. AGREEMENT – BUS EXTERIOR ADVERTISING PROGRAM FOR NORWALK TRANSIT SYSTEM Staff recommends City Council approve an agreement with Outfront Media Group, LLC for Advertising Program Services for a three year term from July 1, 2024 through June 30, 2027, with an option to extend the agreement for two one-year periods; and authorize the City Manager to execute the agreement, and
City Council, June 18, 2024 Page 5 of 7
any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
13. RESOLUTION NO. 24-36 – ADOPTION OF LIST OF PROJECTS FOR FISCAL YEAR 2024/25 ROAD
MAINTENANCE AND REHABILITATION ACCOUNT FUNDS
Staff recommends City Council adopt Resolution No. 24-36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024/25 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
14. PROJECT NOS. 7869 AND 7870 - PHASE I ENERGY PROJECT - RESOLUTION NO. 24-37 – BUDGET
AMENDMENT
Staff recommends City Council:
a. adopt RESOLUTION NO. 24-37, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORWALK AUTHORIZING AN AMENDMENT TO THE BUDGET TO THE SUSTAINABILITY, ENERGY EFFICIENCY INFRASTRUCTURE IMPROVEMENT PROJECT NO 7869 AND PROJECT NO 7870 – PHASE I, in the amount of $2,750,315; and
b. authorize the City Manager to execute the Change Order Requests (Sports Lighting at Gerdes and Zimmerman parks, Lighting, Solar, and Heating, Ventilation, and Air Conditioning Control units at Social Services and Sports Center facilities), and future Change Order Requests if they are within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
15. RESOLUTION NO. 24-38 - BUDGET TO ESTABLISH FUNDING FOR SOLAR ENERGY PROJECT NO. 7871 - NON-LOW INCOME COMMUNITY FACILITIES SOLAR PANELS AND PROJECT NO. 7874 - LOW INCOME COMMUNITY FACILITIES SOLAR PANELS – PHASE II
Staff recommends City Council adopt RESOLUTION NO. 24-38, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NORWALK AUTHORIZING A BUDGET TO ESTABLISH FUNDING FOR SOLAR ENERGY PROJECT NO. 7871 - NON-LOW INCOME COMMUNITY FACILITIES SOLAR PANELS AND PROJECT NO. 7874 - LOW INCOME COMMUNITY FACILITIES SOLAR PANELS
16. PROJECT NO. 7442 - AGREEMENT AMENDMENT NO. 1 AND ACCEPTANCE OF WORK FOR WATER MAIN REPLACEMENT ON PIONEER BOULEVARD FROM 160TH TO 166TH STREET Staff recommends City Council:
a. approve Amendment No. 1 to professional services agreement with Z&K Consultants, Inc. in the amount of $47,086 for a total amount not-to-exceed $334,370 for Construction Management, Inspection, and Testing Services for Project No. 7442, Water Main Replacement on Pioneer Boulevard from 160th to 166th Street; and authorize the City Manager to execute the amendment, on behalf of the City, in a form approved by the City Attorney; and b. accept the work for Stephen Doreck Equipment Rentals, Inc. in the amount of $3,160,616.33, and Z&K Consultants, Inc. in the amount of $334,370.00, for Project No. 7442, Water Main Replacement on Pioneer Boulevard from 160th to 166th Street.
17. AGREEMENT AMENDMENT NO. 3 FOR ON-CALL COMMUNITY DEVELOPMENT CONSULTANT
SERVICES AND ADDITIONAL SERVICES
Staff recommends City Council approve Amendment No. 3 to the agreement with The Code Group, Inc. through October 25, 2024 design services, in an amount not to exceed $170,000, in addition to the $375,000 approved for on-call services; and authorize the City Manager to execute the amendment and amendments for design services within the 10% contingency, on behalf of the City, in a form approved by the City Attorney.
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18. INCREASING FUNDS FOR THE SENIOR NUTRITION PROGRAM
Staff recommends City Council authorize the City Manager to increase the funding for Trio Community Meals, LLC, Catering Services in the amount of $105,000 for Fiscal Year 2023/24.
19. AGREEMENT FOR SENIOR NUTRITION PROGRAM, FISCAL YEAR 2024/25 Staff recommends City Council approve an agreement with Trio Community Meals, LLC, in the amount of $630,000 from July 1, 2024 to June 30, 2025; and authorize the City Manager to execute the agreement and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
20. AGREEMENT AMENDMENT NO. 2 - EMERGENCY STREET LIGHT MAINTENANCE SERVICE
PROVIDERS AND STREET LIGHT POLE REPLACEMENTS
Staff recommends City Council approve Amendment No. 2 for emergency street light maintenance and pole replacement services with:
a. Yunex LLC extending the agreement through June 30, 2025; and authorize the City Manager to execute Amendment No. 2, on behalf of the City, in a form approved by the City Attorney; and
b. Crosstown Electrical and Data Inc. extending the agreement through June 30, 2025; and authorize the City Manager to execute Amendment No. 2, on behalf of the City, in a form approved by the City Attorney.
21. ADOPTION OF JOINT TAX TRANSFER RESOLUTION FOR ARTESIA CEMETERY DISTRICT, DOWNEY CEMETERY DISTRICT, AND LITTLE LAKE CEMETERY DISTRICT REORGANIZATION NO. 2021-03 Staff recommends City Council adopt the JOINT TAX TRANSFER RESOLUTION FOR ARTESIA
CEMETERY DISTRICT, DOWNEY CEMETERY DISTRICT, AND LITTLE LAKE CEMETERY DISTRICT REORGANIZATION NO. 2021-03.
22. AGREEMENT AMENDMENT NO. 1 - MANAGEMENT INFORMATION SYSTEMS Staff recommends City Council approve Amendment No. 1, providing for a month-to-month extension with Knight Communications, Inc. for Management Information Systems services up to six months no later than December 31, 2024 and not to exceed a total of $143,100.
23. MANAGEMENT ASSISTANCE OF ENGINEERING DIVISION – AGREEMENT AMENDMENT NO. 4 Staff recommends City Council approve Amendment No. 4 to the Agreement with Mario Mera Consulting, to continue providing management assistance of the Engineering Division, in a total contract amount not to exceed $297,600, annually for up to three years, including an annual cost of living rate increase, and two optional one-year extensions; and authorize the City Manager or his designee to execute the contract and any amendment, if within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
APPOINTMENTS
24. ADVISORY BODY APPOINTMENTS
Staff recommends City Council make appointments to fill the vacancies on the various Advisory Bodies for two-year terms expiring on December 31, 2024.
PUBLIC HEARINGS
25. PUBLIC HEARING - RESOLUTION NO. 24-35 - SETTING SEWER SERVICE CHARGE FOR FISCAL YEAR 2024/25 AND ORDERING THAT SUCH CHARGE BE COLLECTED ON THE TAX ROLL Staff recommends City Council consider adopting Resolution No. 24-35, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK APPROVING THE ANNUAL SEWER REPORT AND LEVYING AN ANNUAL SEWER SERVICE CHARGE FOR FISCAL YEAR 2024/25 PURSUANT TO CHAPTER 13.14
City Council, June 18, 2024 Page 7 of 7
OF THE NORWALK MUNICIPAL CODE AND ORDERING THE ANNUAL SEWER SERVICE CHARGE TO BE COLLECTED ON THE COUNTY OF LOS ANGELES TAX ROLL.
REPORTS
26. ONE-WAYS NEIGHBORHOOD REHABILITATION PROGRAM SUMMARY Staff recommends City Council receive and file the One-Ways Neighborhood Rehabilitation Program Summary Report.
ORAL COMMUNICATIONS
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated June 14, 2024.
Theresa Devoy, CMC
City Clerk
20240528
825-04
MINUTES OF THE REGULAR ADJOURNED MEETING
NORWALK CITY COUNCIL
NORWALK, CALIFORNIA
MAY 28, 2024
REGULAR MEETING
Mayor Rios called the meeting to order at 6: 04 p.m. in the Council Chambers, Norwalk City Hall, 12700 Norwalk Boulevard, Norwalk, California. Responding to roll call were Councilmembers Perez and Valencia, and Mayor Rios. Vice Mayor Ayala arrived after roll call; Councilmember Ramirez was absent. Also present were Jesus M. Gomez, City Manager; Gloria V. Ramirez, Deputy City Attorney; and Theresa Devoy, City Clerk.
The invocation was delivered by April Reutter, Pray Norwalk; followed by the flag salute, led by Young Marine Sergeant Estrada, LCpl Kenneth L. Worley Young Marines.
CITY COUNCIL COMMENTS
Councilmember Valencia reported on her attendance at the Teen Alliance Program (TAP) awards ceremony, the Padres Unidos gathering, the California Contract Cities Association (CCCA) conference, congratulated Councilmember Perez on being elected President of the CCCA, thanked Allan Perdomo, Director of Recreation and Park Services and staff for their outstanding work at the CCCA conference, reported that City Manager Jesus Gomez will be leading the CCCA City Managers, commended Recreation and Park Services staff for their T een Alliance Program p resentation at the CCCA conference; attended the Leadership and Advocacy for the Direction of Young Women (L.A.D.Y.) program event, the Norwalk Memorial Day event at City Hall, and wished all the fathers a happy Father’s Day. Councilmember Perez commented on Memorial Day, reported on her installation as the new CCCA President, thanked staff for their work planning and working the CCCA conference, shared an update on S enate Bill 1383 and reminded everyone that as of January 1, 2024, fines have been going into effect as per the provisions outlined in the bill, a presentation by TAP which highlighted its overwhelming success; reported on a commitment from former Norwalk Councilmember Marcel Rodarte for an annual scholarship for TAP and a donation from Los Angeles County S upervisor Janice Hahn; she attended the International Council of Shopping C enters (ICSC) conference where she met with business owners and shared insight and goals for Norwalk. Vice Mayor Ayala reported on his attendance at Santa Fe High S chool band concert, mentioning the joint performance by the California, Whittier, and Santa Fe High School bands; congratulated scholarship recipients from Soroptimist International, and thanked everyone that attended the Little Lake City Educational Foundation Golf Tournament. Mayor Rios welcomed everyone in attendance, reminded everyone of the Norwalk 5K Run/Walk on June 2 and the Pray Norwalk event at the Double Tree Hotel on June 1; reported that she was invited to be a keynote speaker at the California State University Long Beach “Gear Up” program event, attended the Mujeres Extraodinarias Foundation “Mente Sana, Vida Plena” event at Cerritos College, the Norwalk Memorial Minutes of the Regular Adjourned Meeting
Norwalk City Council
May 28, 2024
2 Day event, and thanked staff for successful planning and execution; reported that she will be hosting a City Hall tour for elementary students on June 3, and invited other educators who are interested in a City Hall tour to contact the City, reported that the Chamber of Commerce will be hosting their International Fair on Front Street on June 1, and that she met with developers, brokers and potential Norwalk tenants.
SPECIAL PRESENTATIONS
City Council recognized Norwalk High School Student Artists for designing and painting two utility boxes in the City.
City Council presented a proclamation declaring May 19 – May 25, 2024 as National Public Works Week in the City of Norwalk.
CITY MANAGER COMMENTS
Videos were shared highlighting the Pelota De Trapo event and the “Bi-Weekly Review.”
DIRECTORS REPORT
Glen Kau, Director of Public Services/City Engineer provided a department overview.
CONSENT CALENDAR
Consent calendar items are considered routine matters which may be enacted by one motion and roll call vote. Vice Mayor Ayala requested Item No. 4 be pulled for a separate report. Councilmember Perez moved and Councilmember Valencia seconded to approve consent calendar as recommended. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Perez and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: Councilmember Ramirez
MEETING MINUTES
City Council approved the minutes of the meeting of the meeting of May 7, 2024. 825-04
COMMERCIAL DEMANDS
City Council approved the warrant register period April 30, 2024 – May 20, 2024, in the total amount of $9,158,175.66. 640
Minutes of the Regular Adjourned Meeting
Norwalk City Council
May 28, 2024
3 SOFTWARE AGREEMENT FOR ACCOUNTING STANDARDS BOARD COMPLIANCE
City Council approved a software agreement with DebtBook to provide GASB compliance and monitoring for a term of three years in the amount of $66,300; and authorized the City Manager to execute the agreement and any amendments thereof, provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney. 634-04
CONTRACT AMENDMENT NO 2 - ADVANCED RESERVATION DIAL -A-RIDE /
SUBSCRIPTION SERVICE
Following a brief report from Jim Parker, Executive Director of Regional Transportation, City Council approved Amendment No. 2 with Transdev, Inc. increasing the amount of compensation from $779,068 to $1,139,068 for FY 2023/24; and authorized the City Manager to execute Amendment No. 2 on behalf of the City, in a form approved by the City Attorney. 1120-07
ACCEPT WORK FOR RE-ROOF PROJECT - PROJECT NO. 7863, SPROUL MUSEUM AND PROJECT NO. 7377, HOLIFIELD PARK MAIN SNACK BAR
City Council accepted the work of Associated Construction Services Group in the amount of $133,475 for Project No. 7863, Sproul Museum and Project No. 7377, Holifield Park Main Snack Bar roof replacements. 1005-04-7377/1005-04-7863
CONFIRM EMERGENCY WORK AT NORWALK AQUATICS PAVILION – WATERLINE
TECHNOLOGIES, INC
City Council confirmed the emergency service repair work at the Norwalk Aquatics Pavilion completed by Waterline Technologies Inc., in the amount of $14,176.72. 955
Minutes of the Regular Adjourned Meeting
Norwalk City Council
May 28, 2024
4 CAPITAL OUTLAY PURCHASE OF CHAIRS AND TABLES FOR SENIOR CENTER
MULTI-PURPOSE ROOM AND NUTRITION PROGRAM
City Council approved an agreement with MityLite to provide chairs and tables in the amount of $52,000 from May 28, 2024 to June 30, 2024; and authorized the City Manager to execute the agreement and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney. 920-06-02
ADOPTING A MITIGATED NEGATIVE DECLARATION - RESOLUTION NO. 24-23 – PROJECT NO. 7607 - STORMWATER CAPTURE AND INFILTRATION PROJECT - City Council:
a. adopted Resolution No. 24- 23, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NORWALK ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR PROJECT NO. 7607; and
b. authorized the City Manager or his designee to file the Notice of Determination. 1005-04-7607
APPOINTMENTS
ADVISORY BODY APPOINTMENTS
None. 200
REPORTS
FISCAL YEAR 2024/25 PROPOSED BUDGET
Following a presentation by Jana Stuard, Director of Finance/Treasurer, City Council discussion ensued. Councilmember Perez directed staff to be conservative and proactive regarding contract expiration dates and to be proactive in renewing them, to obligate American Rescue Plan Act (ARPA) funds by December 2024, to review Transit Occupancy Taxes in Norwalk and compare it to other cities to see if it is possible to increase it, to review carryover funds for Capital Improvement Projects for Street Improvements, and requested a timeline of when projects are allocated, started and completed; requested that staff look into the possibility of increasing the contract amount for a Traffic Engineer or explore other options for that position, inquired about the increase in Adult Sports programing funds; and requested staff to continue to keep up with technological improvement investments. Vice Mayor Ayala requested that the International Friendship Commission be reinstated. Mayor Rios requested staff to look in Minutes of the Regular Adjourned Meeting
Norwalk City Council
May 28, 2024
5 to pet services and/or programs that can be offered to the community and suggested staff seek partnerships with organizations to offset certain items . City Council directed staff to proceed with the proposed budget public hearing on June 4, including the requested changes discussed at this meeting.
610
SOLAR ENERGY PROJECT LEASE FINANCING – RESOLUTION NO. 24 -21 -
APPROVING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT, A
PURCHASER LETTER, AN ESCROW AGREEMENT AND A LEASE PLACEMENT AGREEMENT; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; AND RESOLUTION NO. 24-22 - BUDGET AMENDMENT TO RECORD
FINANCING TRANSACTIONS
Mrs. Stuard presented a report. City Council adopted RESOLUTION NO. 24- 21, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK APPROVING
THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT, A PURCHASER LETTER, AN ESCROW AGREEMENT AND A LEASE PLACEMENT AGREEMENT; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; and adopted RESOLUTION NO. 24-22 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NORWALK AUTHORIZING BUDGET TO RECORD FINANCING
TRANSACTIONS. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Perez and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: Councilmember Ramirez
1080-01
ORAL COMMUNICATIONS
None.
ADJOURNMENT
There being no further business to come before City Council, the meeting was adjourned at 9:17 p.m.
Minutes of the Regular Adjourned Meeting
Norwalk City Council
May 28, 2024
6 ____________________________
THERESA DEVOY, CMC
CITY CLERK
ATTEST:
________________________________
MARGARITA L. RIOS
MAYOR
20240604
825-04
MINUTES OF THE CLOSED SESSION AND REGULAR MEETINGS
NORWALK CITY COUNCIL
NORWALK, CALIFORNIA
JUNE 4, 2024
CLOSED SESSION MEETING
Mayor Rios called the meeting to order at 5:03 p .m. in the Council Chambers, Norwalk City Hall, 12700 Norwalk Boulevard, Norwalk, California. Responding to roll call were Councilmembers Perez, Ramirez, and Mayor Rios . Councilmember Valencia and Vice Mayor Ayala arrived after roll call. Also present were Jesus M. Gomez, City Manager ; Arnold M. Alvarez-Glasman, City Attorney; and Theresa Devoy, City Clerk.
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
There were no individuals wishing to address City Council on the matters to be discussed in closed session.
CLOSED SESSION
City Council immediately convened to closed session for discussion on the following matter:
I. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1), City of Norwalk vs. City of Cerritos, Case No. 22STCV33737.
RECESS
City Council recessed at 5:45 p.m. pending the commencement of the regular meeting.
REGULAR MEETING
Mayor Rios called the meeting to order at 6:04 p .m. in the Council Chambers, Norwalk City Hall, 12700 Norwalk Boulevard, Norwalk, California. City Council was present in its entirety with Councilmembers Perez, Ramirez, and Valencia, Vice Mayor Ayala ,and Mayor Rios responding to roll call. Also present were Jesus M. Gomez, City Manager ; Arnold M. Alvarez, City Attorney; and Theresa Devoy, City Clerk.
The invocation was delivered by Arthur McKibben, La Mirada Church of Nazarene ; followed by the flag salute, led by Ricky Ramirez, New Harvest Christian School.
CLOSED SESSION REPORT
The City Attorney indicated there was no reportable action taken on the matters discussed in closed session.
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
June 4, 2024
2 CITY COUNCIL COMMENTS
City Council congratulated Recreation and Park Services for a successful 5K event and thanked all departments, volunteers, and participants for contributing to that success.
Vice Mayor Ayala congratulated Councilmember Perez on being elected President of the California Contract Cities Association; shared that the City will be hosting numerous summer activities and events; and wished all fathers a happy Father’s Day.
Councilmember Valencia reported on her attendance at the Los Angeles County (LACO) Sheriff Department’s City Council Academy and announced LACO is currently recruiting; and congratulated all students who are graduating this year. Councilmember Perez shared that City newsletters were distributed; highlighted that this year’s Independence Day event will be taking place on July 2; and requested that Ozzie Ramos, Deputy City Manager, provide a report regarding a power outage that occurred.
Mr. Ramos shared that the location of the outage was on Foster Road and Bloomfield Avenue which was due to mylar balloons; thanked Public Safety, LACO Sheriffs, and the LACO Fire department for their collaboration in safely securing the area and reported Southern California Edison is currently working to resolve the outage. In response, Councilmember Perez encouraged residents to refrain from releasing mylar balloons into the air. Mayor Rios welcomed all in attendance; congratulated the graduates of 2024; reported on her attendance at the Community Promotion Commission’s Meet and Greet Dinner and shared that Community Development, Public Safety, and Public Services departments presented on current projects in progress ; reported on her attendance at the Long Beach Gear Up Future Fair, the Norwalk Chamber of Commerce’s Spring Festival; and highlighted the Public Services department’s dedication to keeping the City clean and safe; encouraged residents to participate at the upcoming Front Street Friday Night events ; July 19 with band Dance Dance Evolution, August 16 with Soto Band, and September 20 with Latina Divas Show.
SPECIAL PRESENTATIONS
I. City Council recognized John Glenn High School Employee for 35 years of Service.
II. City Council to recognize Mr. William Rivera was continued to the next Council Meeting.
III. City Council recognized the 2024 Athens Disposal Scholarship Winners.
CITY MANAGER COMMENTS
Mr. Gomez announced that the Social Services Center will be closed for the month of July for renovations in anticipation for the celebration of its 50 th Anniversary and shared
that staff will temporarily be relocated to City Hall, the Norwalk Arts and Sports Minutes of the Closed Session and Regular Meetings
Norwalk City Council
June 4, 2024
3 Complex, and the Senior Center . Videos were shared highlighting the California Contract Cities Association Conference, Memorial Day event, and “Bi-Weekly Review.”
DIRECTORS REPORT
Carina Montes, Director of Human Resources , provided a report and shared a video highlighting the Human Resources Department.
CONSENT CALENDAR
Consent calendar items are considered routine matters which may be enacted by one motion and roll call vote. Councilmember Ramirez moved and Councilmember Valencia seconded to approve consent calendar as recommended. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Ramirez, Perez, and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: None
COMMERCIAL DEMAND
City Council approved the warrant register period M AY 21, 2024 – M AY 28, 2024, IN THE TOTAL AMOUNT OF $1,124,297.64. 640.
640
GENERAL MUNICIPAL ELECTION - NOVEMBER 5, 2024 - RESOLUTION NOS. 24 - 30 - CALLING ELECTION AND 24-31 - CONSOLIDATION WITH THE LOS ANGELES
COUNTY REGISTRAR RECORDER
City Council adopted:
a. Resolution No. 24-30, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORWALK CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF
THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; and
b. Resolution No. 24-31, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORWALK REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF NORWALK’S GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE.
845-03
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
June 4, 2024
4 RESOLUTION NO. 24 -26 - ADOPTION OF ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024/25
City Council adopt ed Resolution 24-26, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NORWALK APPROVING AND ADOPTING THE ANNUAL
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024/25.
604
RESOLUTION NO. 24-27 - STATEMENT OF INVESTMENT POLICY
City Council adopt ed Resolution No. 24- 27, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK, ADOPTING THE 2024/25 STATEMENT OF
INVESTMENT POLICY AND AUTHORIZING THE CITY TREASURER TO INVEST
AND REINVEST IDLE MONIES OF THE CITY OF NORWALK IN ACCORDANCE WITH THE 2024/25 STATEMENT OF INVESTMENT POLICY.
624
AGREEMENT AMENDMENT NO. 2 FOR ON- CALL COMMUNITY DEVELOPMENT
CONSULTANT SERVICES AND ADDITIONAL SERVICES
City Council approve d Amendment No. 2 to the agreement with The Code Group, Inc. for on-call professional Community Development Consultant and Additional Services, in an amount not to exceed $375,000 through October 25, 2024; and authorized the City Manager to execute the amendment, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
320
MEMORANDUM OF UNDERSTANDING – LOW INCOME FARE IS EASY (LIFE)
PROGRAM
City Council approved the Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority for continued participation in the Low Income Fare is Easy Program and reimbursement for program ridership effective July 1, 2024 through June 30, 2029; and authorized the City Manager to execute the Memorandum of Understanding on behalf of the City, in a form approved by the City Attorney. 1120-04
AMENDMENT NO. 1 - PROFESSIONAL SERVICES AGREEMENT - CITYWIDE INSPECTION SERVICES AND RESOLUTION NO. 24 -34, BUDGET AMENDMENT – ENGINEER’S REPORT NO. 24-04
City Council:
a. adopted Resolution No. 24- 34, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO APPROPRIATE GENERAL FUNDS FOR Minutes of the Closed Session and Regular Meetings
Norwalk City Council
June 4, 2024
5 CITYWIDE INSPECTION SERVICES FOR FISCAL YEAR 2023/24, in the amount of $45,000; and
b. approved Amendment No. 1 to the agreement with Onward Engineering, in the amount of $45,000 for citywide inspection services; and authorized the City Manager to execute the amendment, on behalf of the City, in a form approved by the City Attorney.
310-02/610
AWARD OF PROFESSIONAL SERVICES AGREEMENT – CITYWIDE INSPECTION SERVICES – ENGINEER’S REPORT NO. 24-05
City Council awarded a Professional Services Agreement to Onward Engineering in the amount of $170,000 for citywide inspection services; and authorized the City Manager to execute the Professional Services Agreement and any amendments, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
310-02
AWARD OF PROFESSIONAL SERVICES AGREEMENT - MS4 PERMIT
COMPLIANCE SERVICES – ENGINEER’S REPORT NO. 24-06
City Council awarded a contract to John L. Hunter & Associates, Inc., in the amount of $90,000 annually for three years, with two optional one- year extensions beginning July 1, 2024; and authorized the City Manager or his designee to execute the contract and any amendment if it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
1040-04
PROJECT NO. 7935 - AGREEMENT AMENDMENT NO. 2 FOR DESIGN SERVICES – RESOLUTION NO. 24 -32, BUDGET AMENDMENT - ZONE 21 AND 26 ALLEYWAY IMPROVEMENTS – ENGINEER’S REPORT NO. 24-07
City Council:
a. adopted Resolution No. 24- 32, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NORWALK AUTHORIZING THE AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO APPROPRIATE STREET RENOVATION FUNDS TO PROJECT NO. 7935 FOR DESIGN WORK FOR ZONES 21 AND 26 – ALLEYWAY IMPROVEMENTS, IN THE AMOUNT OF $102,296; and
b. approved Amendment No. 2 to the agreement with Kimley -Horn, in the amount of $96,400 for additional professional design services for Alleyway Improvements in Zones 21 and 26; and authorized the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney. 610/1005-04-7935
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
June 4, 2024
6 AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES AND AMENDMENT FOR PHASE II ENVIRONMENTAL SITE ASSESSMENT - PROJECT NO. 7607 - STORMWATER CAPTURE AND INFILTRATION PROJECT AND PROJECT NO. 7359 - HERMOSILLO PARK REHABILITATION – ENGINEER’S REPORT NO. 24-08
City Council:
a. awarded a contract to Transtech Engineers in the amount of $1,669,352 for a term of three years and optional two one- year extensions; and authorized the City Manager to execute the contract and any amendment if it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney; and
b. approved Amendment No. 2 to the agreement with Rincon Consultants in the amount of $14,705 for Environmental Site Assessment services; and authorize d the City Manager to execute the amendment in a form approved by the City Attorney. 1005-04-7359/1005-04-7607
ELDERLY NUTRITION PROGRAM AGREEMENT NO. 242507
City Council approved Agreement No. 242507 with the Los Angeles County Aging and Disabilities Department to fund the Elderly Nutrition Program in the amount of $1,078,300 from July 1, 2024 through June 30, 2025; and authorized the City Manager to execute the agreement, and any amendment, provided funds are available in the budget and it is within the City Manager’s signing authority, on behalf of the C ity, in a form approved by the City Attorney.
425-02-03
AMENDMENT NO. 2 - SUPPORTIVE SERVICES PROGRAM AGREEMENT FISCAL YEAR 2024/25
City Council approve d Amendment No. 2 with the Los Angeles County Aging and Disabilities Department to fund the Supportive Service Program in the amount of $70,260 from July 1, 2024 to June 30, 2025; and authorized the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney.
425-02-05
TRAFFIC ENGINEERING SERVICES
City Council awarded a contract to Willdan in the amount of $130,000 annually for up to three years and two optional one- year extensions; and authorized the City Manager or his designee to execute the contract and any amendment, if within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney. 310-02
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
June 4, 2024
7 APPOINTMENTS
None. 200
PUBLIC HEARINGS
Councilmember Ramirez left the meeting prior to the following item.
PUBLIC HEARING - RESOLUTION NO. 24 -24 - ESTABLISHING AND ADOPTING THE CITY'S ANNUAL BUDGET FOR FISCAL YEAR 2024/25; AND RESOLUTION NO. 24 -25 - AMENDING AND ADOPTING THE FISCAL YEAR 2024/25 SALARY
SCHEDULE FOR GENERAL AND HOURLY UNIT EMPLOYEES AND EXECUTIVE
MANAGEMENT AND MID-MANAGEMENT EMPLOYEES
Mayor Rios opened the public hearing to consider establishing and adopting the City’s Annual Budget for Fiscal Year (FY) 2024/25 and amending and adopting the FY 2024/25 Salary Schedule for General and Hourly unit employees and Executive Management and Mid- Management employees. The City Clerk presented a report on legal requisites for notice of hearing. Jana Stuard, Director of Finance/Treasurer , provided a report. As there were no speakers, Mayor Rios closed the public hearing.
Vice Mayor Ayala moved and Councilmember Perez seconded to adopt:
a. Resolution No. 24-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORWALK ESTABLISHING AND ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2024/25; and
b. Resolution No. 24-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AMENDING AND ADOPTING FISCAL YEAR 2024/25 SALARY
SCHEDULE FOR GENERAL AND HOURLY UNIT EMPLOYEES AND EXECUTIVE MANAGEMENT AND MID-MANAGEMENT EMPLOYEES.
MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Perez and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: Councilmember Ramirez
135-03/610
PUBLIC HEARING – RESOLUTION NO. 24-29 – APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM FISCAL YEAR 2024-2025 ANNUAL ACTION PLAN AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL REQUIRED
DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
June 4, 2024
8 Mayor Rios opened the public hearing to consider approving the Community Development Block Grant and Home Investment Partnerships Program for F iscal Year 2024/25. The City Clerk presented a report on legal requisites for notice of hearing.
John Ramirez, Director of Community Development provided a report . Since there were no persons wishing to testify in this matter , Mayor Rios closed the public hearing.
Following a request from Vice Mayor Ayala to review the funding at mid- year, Councilmember Perez moved and Mayor Rios seconded to:
a. a dopt Resolution No. 24- 29, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NORWALK APPROVING THE COMMUNITY DEVELOPMENT BLOCK
GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM FISCAL YEAR 2024/25 ANNUAL ACTION PLAN, AN APPLICATION FOR FUNDING, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL
REQUIRED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT; and
b. authorize the City Manager to execute agreements and any amendments, in forms approved by the City Attorney, with social service agencies for the provision of services funded under the Annual Action Plan; and
c. authorize the Director of Community Development to execute Memorandums of Understanding with City Departments and homeless referral organizations for the provision of services funded under the Annual Action Plan.
MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Perez and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: Councilmember Ramirez
315
ORAL COMMUNICATIONS
There were no persons wishing to address City Council.
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
June 4, 2024
9 ADJOURNMENT
There being no further business to come before City Council, the meeting was adjourned at 7:48 p.m.
____________________________
THERESA DEVOY, CMC
CITY CLERK
ATTEST:
____________________________
MARGARITA L. RIOS
MAYOR
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Jana Stuard, Director of Finance/City Treasurer
Moises Mata, Financial Analyst
SUBJECT: PAYROLL FOR THE PERIODS APRIL 28, 2024 – MAY 11, 2024, MAY 12, 2024 – MAY 25, 2024 AND MAY 26, 2024 – JUNE 8, 2024
Background:
The City’s gross payroll cost for the periods of April 28, 2024 – May 11, 2024 total $1,182,351.98, May 12, 2024 – May 25, 2024 total $1,153,121.78 and May 26, 2024 – June 8, 2024 total $1,548,379.63.
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve:
a. gross payroll in the amount of $1,182,351.98; the payroll check numbers 38087 – 38094 and the voucher numbers 331714 – 332226 in the total net amount of $878,989.63 for the pay period April 28, 2024 – May 11, 2024; and
City Council June 18, 2024
Payroll for the Periods April 28, 2024 – May 11, 2024,
May 12, 2024 – May 25, 2024 and May 26, 2024 -
June 8, 2024
Page No. 2
9 1
7 b. gross payroll in the amount of $1,153,121.78; the payroll check numbers 38095 – 38102 and the voucher numbers 332227 – 332734 in the total net amount of $915,141.19 for the pay period May 12, 2024 – May 25, 2024; and
c. gross payroll in the amount of $1,548,379.63; the payroll check numbers 38103 – 38111 and the voucher numbers 332735 – 333260 in the total net amount of $1,156,918.18 for the pay period May 26, 2024 – June 8, 2024.
Attachments:
N/A
CITY OF NORWALK
FINAL WARRANT REGISTER
May 29, 2024 through June 10, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
1 AY NURSERY
PLANT MATERIAL
195535
$3,197.26
2 BANK OF NEW YORK MELLON TRUST CO
REVENUE BOND ADMINISTRATIVE COST
195536
$2,650.00
3 BLAIS & ASSOCIATES LLC
GRANT WRITING/ADMINISTRATIVE SERVICES
195537
$2,970.00
4 SULLY MILLER CONTRACTING CO
HOT MIX
195538
$768.44
5 CARAHSOFT TECHNOLOGY CORPORATION
EMPLOYEE/INCOME VERIFICATION
195539
$766.19
6 CENTRAL BASIN MUNICIPAL WATER DIST
IMPORTED WATER
195540
$115,014.76
7 CITY OF BELLFLOWER
WIB POLICY BOARD FUND
195541
$600.00
8 CORODATA RECORDS MANAGEMENT INC
RCORD MANAGEMENT CITYWIDE
195542
$243.68
9 CSG CONSULTANTS INC
PROJECT 7859 - ADDITIONAL SERVICES
195543
$21,685.00
10 MARLO ERIC RATHGEBER
MUSICAL ENTERTAINMENT
195544
$3,200.00
11 GABRIELA TORIBIO
RE-ISSUE CHECK 194318
195545
$250.00
12 GOLDEN STATE WATER COMPANY
UTILITIES/CITYWIDE
195546
$2,522.09
13 HANSON DISTRIBUTING COMPANY
SUPPLY/DELIVERY AUTOMOTIVE PARTS
195547
$129.76
14 LOS ANGELES COUNTY SHERIFFS DEPT
SCHOOL DEPUTY
195548
$13,333.12
15 LIBERTY UTILITIES CORP
UTILITIES/CITYWIDE
195549
$1,495.88
16 N/S CORPORATION
BUS WASH MONTHLY INSPECTION
195550
$436.00
17 NAN MCKAY & ASSOCIATES INC
MODEL FAMILY PLAN REVIEW
195551
$120.00
18 NORWALK CAR WASH INC
BASIC CAR WASH
195552
$22.99
19 SHAPELL AND WEBB LLC
SECURITY DEPOSIT ASSISTANCE/CDBG
195553
$700.00
20 SANTA FE HIGH SCHOOL FOOTBALL
CONTRIBUTION
195554
$500.00
21 SUSAN ALDAMA
RE-ISSUE CHECK 195199
195555
$1,132.20
22 SOUTHERN CALIFORNIA GAS COMPANY
UTILITIES/CITYWIDE
195556
$458.61
23 THE SAUCE CREATIVE SERVICES CORP
CCCA GIVEAWAY BAGS
195557
$3,364.64
24 UNIVERSAL WASTE SYSTEMS
RESTROOM RENTALS
195558
$535.00
25 ALBERTO ROSALES
BASKETBALL DAY ICE CREAM
195559
$1,500.00
26 ALEJANDRO V RENTERIA
CITATION REFUND
195560
$45.00
27 AZUCENA SANDOVAL
SECURITY DEPOSIT REFUND
195561
$500.00
28 BECNEL UNIFORMS
BUS OPERATOR UNIFORMS
195562
$2,730.74
29 C A T SPECIALTIES INC
STAFF LOGO SHIRTS
195563
$799.28
30 DATA TICKET INC
ADMINISTRATIVE CITE SERVICES
195564
$753.15
31 EDITH DOMINGUEZ
TRUMPET DEPUTY REFUND
195565
$75.00
32 FRONTIER CALIFORNIA INC
UTILITIES/CITYWIDE
195566
$8,876.50
33 GOLDEN STATE WATER COMPANY
UTILITIES/CITYWIDE
195567
$22,378.95
34 HANSON DISTRIBUTING COMPANY
SUPPLY/DELIVERY AUTOMOTIVE PARTS
195568
$5.86
35 JASMINE QUINTERO
ART CLASS REFUND
195569
$25.00
36 JENNIFER RODRIGUEZ
SCULPTOR CLASS REFUND
195570
$30.00
37 JMDIAZ INC
DESIGN/CONTRACT SERVICES
195571
$220,353.35
38 JOHN L HUNTER AND ASSOCIATES INC
NPDES CONSULTING SERVICES
195572
$13,609.25
CITY OF NORWALK
FINAL WARRANT REGISTER
May 29, 2024 through June 10, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
39 JUAN LOPEZ
5K DJ SERVICES
195573
$600.00
40 LAURA MIRANDA
ART CLASS REFUND
195574
$50.00
41 LIBERTY UTILITIES CORP
UTILITIES/CITYWIDE
195575
$10,534.77
42 LUZCARMEN G RAMIREZ
TRUMPET DEPUTY REFUND
195576
$75.00
43 MARKUS LAW
PUPPET ENTERTAINMENT
195577
$350.00
44 MARTIN L CRUZ
CITATION REFUND
195578
$60.00
45 M-TECHS PRINTER REPAIR INC
PLOTTER PRINTER MAINTENANCE
195579
$300.00
46 NORWALK PRINTERS INC
ENVELOPES/HOUSING
195580
$1,754.52
47 NORWALK-LA MIRADA SCHOOL DIST
CDBG/HUD SCHOLARSHIPS
195581
$2,475.00
48 ONWARD ENGINEERING
CITYWIDE INSPECTION SERVICES
195582
$38,484.45
49 GOLD ARC INC
COUNCIL CHAMBER DOORS
195583
$4,918.26
50 PATRICIA MERCADO
CERAMICS REFUND
195584
$25.00
51 R & R FIRE PROTECTION
FIRE EXTINGUISHER MOUNTING
195585
$225.26
52 ROCIO BRAVO
SECURITY DEPOSIT REFUND
195586
$893.00
53 SCOTT L DELL
DRUM CIRCLE CLASS
195587
$200.00
54 SOUTHERN CALIF EDISON COMPANY
UTILITIES/CITYWIDE
195588
$181.80
55 L V CROWN LLC
EMERGENCY LIGHTS/SIGNS
195589
$7,831.78
56 WATERLINE TECHNOLOGIES INC
AQUATICS EMERGENCY SERVICES
195590
$14,176.72
57 WAXIE'S ENTERPRISES LLC
CLEANING SUPPLIES
195591
$1,755.14
58 WILLDAN ENGINEERING
INSPECTION SERVICES
195592
$11,310.25
59 WONDRIES FAMILY COLLISION CENTER
BODY REPAIRS & PAINTINGS
195593
$17,689.37
60 ASSOCIATED CONSTRUCTION SVCS GROUP
12136 NAVA ST/ONE-WAY PROGRAM
195594
$16,295.00
61 COASTAL OCCUPATIONAL MEDICAL GROUP
MEDICAL SCREENINGS
195595
$360.00
62 ANA VALENCIA
CCCA MUNICIPAL SEMINAR
195596
$55.00
63 AMERICAN PUBLIC TRANSPORATION ASSOC
APTA MEMBERSHIP/FY 2025
195597
$18,000.00
64 AUTO LIFT SERVICES INC
PREVENTATIVE MAINTENANCE & REPAIR
195598
$245.00
65 BETHANI CARDENAS
MANAGEMENT WELLNESS PROGRAM
195599
$500.00
66 CARAHSOFT TECHNOLOGY CORPORATION
WORK NUMBER EMPLOYEE VERIFICATION
195600
$1,073.89
67 CERTIFIED ROOFING APPLICATORS INC
CAMERA/WIFI INSTALL
195601
$7,780.00
68 CONTINENTAL BATTERY COMPANY
AUTOMOTIVE AND BUS BATTERIES
195603
$1,161.07
69 TERMINIX INTERNATIONAL COMPANY LP
PEST CONTROL SERVICES
195604
$500.00
70 PEDESTAL CAPITAL II LLC
PRAYER BREAKFAST VENUE
195605
$14,094.81
71 FALCON FUELS INC
DIESEL & UNLEADED FUEL
195606
$38,108.95
72 FRANCHISE TAX BOARD
PAYROLL DEDUCTION: 05/31/24
195607
$618.00
73 MIGUEL A. GARCIA
MANAGEMENT WELLNESS PROGRAM
195608
$500.00
74 GILLIG LLC
OEM PARTS
195609
$8,412.33
75 HANSON DISTRIBUTING COMPANY
SUPPLY/DELIVERY AUTOMOTIVE PARTS
195610
$22.91
76 HARBOR DIESEL & EQUIPMENT INC
OEM PARTS
195611
$89.41
CITY OF NORWALK
FINAL WARRANT REGISTER
May 29, 2024 through June 10, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
77 HONESTY TORRES
RE-ISSUE CHECK 191887
195612
$500.00
78 ISLAS TIRES INC
NEW TIRES
195613
$96.98
79 JOE A GONSALVES & SON
LOBBYING FIRM
195614
$2,420.00
80 JOHN CRUZ
CA EMERGENCY SERVICES CONFERENCE
195615
$244.46
81 JORGE I JINIO PEREZ
HOTMA SUMMIT CONFERENCE
195616
$111.61
82 JUSTFOIA INC
PRR SOFTWARE SUBSCRIPTION
195617
$12,004.52
83 KONICA MINOLTA BUSINESS SOLUTIONS
SCANNING SERVICES
195618
$2,500.00
84 LOS ANGELES COUNTY SHERIFF'S DEPT
LEVY PROCEEDS 053124
195619
$250.00
85 IMPREMEDIA OPERATING COMPANY LLC
LEGAL AD #24-31
195620
$1,533.00
86 LETICIA SANDOVAL
SECURITY DEPOSIT REFUND
195621
$1,000.00
87 LIBERTY UTILITIES CORP
UTILITIES/CITYWIDE
195622
$745.68
88 LIEBERT CASSIDY WHITMORE
LEGAL SERVICES
195623
$5,835.50
89 LOLITA DY
SECURITY DEPOSIT REFUND
195624
$500.00
90 MARIA ESPINOZA
SECURITY DEPOSIT REFUND
195625
$250.00
91 MCMASTER-CARR SUPPLY COMPANY
MISCELLANEOUS PARTS
195626
$651.67
92 MCT TECHNOLOGY INC
CONTRACT SERVICES - SOFTWARE
195627
$165.10
93 MISS ARTESIA PAGEANT
CONTRIBUTION/JENNIFER PEREZ
195628
$250.00
94 NEREIDA CANALES
SECURITY DEPOSIT REFUND
195629
$500.00
95 NOE GARCIA
CODE OF CONDUCT CONFERENCE
195630
$2,203.95
96 NORWALK CHAMBER OF COMMERCE
TITLE SPONSOR
195631
$5,000.00
97 PACIFIC TRUCK EQUIPMENT
TRUCK EQUIPMENT PARTS
195632
$2,448.42
98 SHEILA IRANI
NTS CONSULTING SERVICES
195633
$809.88
99 PSOMAS
NTS TENANT IMPROVEMENT PROJECT
195634
$24,415.40
100
JOHN PAUL RAMIREZ
TRANSPORTATION REIMBURSEMENT
195635
$125.00
101
MOBILE RELAY ASSOCIATES
RADIO RELEASE SERVICES
195636
$5,948.00
102
ROBERT HALF INTERNATIONAL INC
TEMPORARY STAFFING SERVICES
195637
$1,966.13
103
ROSALIA OROZCO
HOTMA SUMMIT CONFERENCE
195638
$110.27
104
SECTRAN SECURITY INC
CASH HANDLING & CARRIER SERVICES
195639
$702.25
105
SHOWCARD SIGN CO INC
NON OEM DECALS
195640
$247.74
106
SOUTH BAY FORD LINCOLN INC
OEM FORD PARTS
195641
$48.31
107
JULIE A LARSEN
ANGEL TREE PINS
195642
$809.26
108
THE DOWNEY PATRIOT INC
LEGAL AD #24-30
195643
$540.00
109
WILLIAM J WADLEY INC
UNIFORMS/ACCESSORIES
195644
$649.65
110
THE PITNEY BOWES BANK INC
POSTAGE DEPOSIT
195645
$15,000.00
111
UNIFIRST CORPORATION
SUPPLIES/CITYWIDE
195646
$467.46
112
UNITED LANGUAGE GROUP INC
TRANSLATION SERVICES
195647
$163.35
113
PHASE II SYSTEMS, A CA CORP
HOURY EMPLOYEE RETIREMENT/MAY 2024
195648
$64,816.48
114
VERNOLAS TOW SERVICE
ON CALL TOWING SERVICES
195649
$300.00
CITY OF NORWALK
FINAL WARRANT REGISTER
May 29, 2024 through June 10, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
115
VINCENT NUNEZ
SECURITY DEPOSIT REFUND
195650
$2,177.15
116
SAN BERNARDINO CNTY HUMAN
RESOURCES
MEMBERSHIP/FY 2025
195651
$2,497.21
117
WESTERN STATES CONVERTERS &
ALLISON TRANSMISSION PARTS
195652
$449.28
118
ZIQI LIN
SECURITY DEPOSIT REFUND
195653
$500.00
119
ALEX HERNANDEZ
5K FEATHER FLAGS
195654
$8,350.00
120
CHRISTINE HORTENCIA SANDOVAL
REISSUE CHECK 195602
195655
$102.83
121
CLASSIC FLOOR CARE INC
FLOORING SERVICES
195656
$1,726.25
122
CORODATA RECORDS MANAGEMENT INC
RECORDS MANAGEMENT SERVICES
195657
$220.37
123
HONEYCOTT INC
BEE REMOVAL
195658
$320.00
124
MIKE CABRERA CORPORTATION
PRINTING NORWALK NOW NEWSLETTER
195659
$11,582.38
125
KOSMONT & ASSOCIATES INC
ECONOMIC DEVELOPMENT SERVICES
195660
$11,590.80
126
DRUG FREE BUSINESS
DRUG & ALCOHOL TESTING
195661
$467.00
127
UNIVERSITY OF THE PACIFIC
TRAINING PROGRAM ENROLLMENT
195662
$2,020.00
128
EDGESOFT INC
SOFTWARE SERVICES
195663
$10,000.00
129
ELIZABETH CAMARENA
TUITION/TEXTBOOK REIMBURSEMENT
195664
$500.00
130
ERIK P GARCIA
DJ SERVICES 5K
195665
$450.00
131
FUEL PROS INC
FUELING STATION
195666
$250.00
132
GILBERT NUNEZ
DMV LICENSE RENEWAL
195667
$98.00
133
GLOBAL URBAN STRATEGIES INC
PROFESSIONAL SERVICES
195668
$17,766.25
134
GREENCYCLE
GREEN WASTE RECYCLING
195669
$669.33
135
MIGUEL ANGEL DELGADO
SENIOR NUTRITION ENTERTNMAINT
195670
$350.00
136
HANSON DISTRIBUTING COMPANY
SUPPLY/DELIVERY AUTOMOTIVE PARTS
195671
$193.56
137
IRMA DEBRA CORELLA
RE-ISSUE CHECK 195348
195672
$874.44
138
JUVENAL FERNANDEZ
UTILITY BILL REFUND
195673
$1,998.32
139
ESTEBAN FUENTES
DJ SERVICES 5K
195674
$550.00
140
THE PATHFINDER VACUUM CO LLC
CONCRETE GRINDER & VACUUM
195675
$16,456.50
141
M & M EMBROIDERY DESIGN INC
UNIFORM PURCHASE
195676
$35.20
142
MARIA AVILA
CLASS INSTRUCTOR
195677
$180.00
143
MIGUEL RAMIREZ
DJ SERVICES 5K
195678
$450.00
144
NORWALK CAR WASH INC
BASIC CAR WASH
195679
$22.99
145
ROBERT THEODORE DRIESLEIN
ARBOR DAY BANNER
195680
$868.22
146
PSOMAS
BOB WHITE PARK TOPO SURVEY
195681
$34,582.50
147
JOSE LUIS RIVERA
EQUIPMENT REPAIRS
195682
$2,320.00
148
ROADLINE PRODUCTS INC USA
MISCELLANEOUS EQUIPMENT SUPPLIES
195683
$912.87
149
SALCO LANDSCAPE SERVICE INC
PLANT SUPPLY AND MATERIAL
195684
$286.65
150
CITY OF SANTA FE SPRINGS
LITTLE LAKE PARK
195685
$17,330.90
151
SCOTT FAZEKAS & ASSOCIATES
PLAN CHECK SERVICES
195686
$17,425.71
CITY OF NORWALK
FINAL WARRANT REGISTER
May 29, 2024 through June 10, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
152
STEVEN ARREOLA
DJ SERVICES 5K
195687
$450.00
153
SOUTHERN CALIFORNIA GAS COMPANY
UTILITIES/CITYWIDE
195688
$4,929.85
154
THIRD-GEN NURSING ACADEMY LLC
FIRST AID SERVICES 5K
195689
$1,360.00
155
THE MERINO GROUP
TEMPORARY STAFFING
195690
$323.94
156
TRI WEST MECHANICAL INC
FAN MOTOR INSTALL
195691
$1,860.00
157
SIEMENS MOBILITY INC
EMERGENCY REPAIRS & STREET LIGHTS
195692
$1,425.86
158
ANIYAH WILLIAMS
DANCE INSTRUCTOR
V18113
$3,122.40
159
I COPY INC
COPY CHARGES/CITYWIDE
V18114
$72,609.75
160
MARIA DOLORES CARRASCO
HOMEMAKING/SENIOR SERVICES GRANT
V18115
$140.00
161
THERESA MARIE MENDOZA
HOMEMAKING/SENIOR SERVICES GRANT
V18116
$157.50
162
CALPERS
CALPERS ADJUSTMENT/MAY 2024
V18117
$482,988.72
163
CALIFORNIA PUBLIC EMPLOYEES
PERS CONTRBUTION/PPE 051124
V18118
$167,430.83
164
CALIFORNIA STATE DISBURSTMENT UNIT
CHILD SUPPORT/PPE 051124
V18119
$1,542.70
165
DELTA DENTAL OF CALIFORNIA
FULL TIME COBRA/APRIL 2024
V18120
$38,847.04
166
DELTACARE USA
FULL TIME DENTAL/APRIL 2024
V18121
$2,554.84
167
EMPLOYMENT DEVELOPMENT DEPT
LEVY PROCEEDS/051724
V18122
$330.00
168
EMPLOYMENT DEVELOPMENT DEPT
STATE TAX/PPE 051124
V18123
$33,038.32
169
EMPOWER/MASS MUTUAL
DEFER COMPENSATION/PPE 051124
V18124
$29,420.38
170
PAYMENTUS
PAYMENT PROCESSING/MAY 2024
V18125
$1,101.10
171
STANDARD INSURANCE COMPANY
LIFE INSURANCE/APRIL 2024
V18126
$81,894.21
172
STANDARD INSURANCE COMPANY RV
LIFE INSURANCE/DECEMBER 2023
V18127
$18,196.05
173
UNITED STATES TREASURY-IRS
PAYROLL TAX/PPE 051124
V18128
$123,282.94
174
US BANK NATIONAL ASSOCIATION ND
CALCARD OFFSET/MAY 2024
V18129
$291,534.92
175
AIRESPRING INC
BROADBAND/CITYWIDE
V18130
$849.03
176
I COPY INC
COPY CHARGES/CITY CLERK
V18131
$208.67
177
KIMLEY-HORN AND ASSOCIATES INC
DESIGN SERVICES/ZONE 2
V18132
$192,162.70
178
ALVAREZ-GLASMAN & COLVIN
LEGAL SERVICES/MARCH 2024
V18133
$42,843.54
179
I COPY INC
TECHNOLOGY INFRASTRUCTURE UPGRADE
V18134
$3,257.89
180
MARIO ENRIQUE MERA
MANAGEMENT SUPPORT SERVICES
V18135
$8,370.00
181
NANCY GALICIA
HOMEMAKING/SENIOR SERVICES GRANT
V18136
$700.00
182
RICHARDS WATSON AND GERSHON INC
LEGAL SERVICES/APRIL 2024
V18137
$400.00
183
THERESA MARIE MENDOZA
HOMEMAKING/SENIOR SERVICES GRANT
V18138
$157.50
184
ELIOR INC
CONGREGATE MEALS
V18139
$49,881.06
CITY OF NORWALK
FINAL WARRANT REGISTER
May 29, 2024 through June 10, 2024
*****Total Warrants**** $2,649,760.91
Notes:
Voided Check(s):
I hereby certify that the claim of demand covered by the above listed warrants have been audited as to accuracy and the funds are available for payment.
Jana Stuard, Finance Director
195602
Digitally signed by Jana Stuard
Date: 2024.06.11 13:11:56 -07'00'
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Jana Stuard, Director of Finance/City Treasurer
Nazareth Jaramillo, Account Clerk III
SUBJECT: 2024 APPLICATIONS FOR RETAIL FIREWORKS SALES PERMITS Background:
Each year the City receives applications for retail fireworks sales permits. Norwalk Municipal Code Section 5.36 authorizes up to 20 qualified organizations to sell safe and sane fireworks between July 1 and July 4 annually.
An orientation meeting with representatives from the applicant organizations and each wholesaler was held on March 20, 2024. Twenty organizations attended this meeting and received presentations made by staff from the Finance and Public Safety departments. These presentations outlined the rules, regulations and proper safety procedures for fireworks stands.
The orientation meeting was mandatory and considered part of the application process.
The deadline for submitting an application requesting the fireworks sales permit was May 1, 2024. Of the 20 organizations that attended the orientation meeting, 17 submitted an application.
Once received, applications were reviewed and qualified based on the process and qualifications previously approved by City Council. The remaining three organizations, which were Norwalk Pony Baseball, Lansang Jiu Jitsu, and Friends of Norwalk Youth, did not submit an application.
As the number of qualified applications for retail fireworks permits did not exceed 20, a random drawing was not required. The organizations listed on the following page are being recommended to receive a retail fireworks sales permit.
City Council June 18, 2024
Annual Retail Fireworks Permits Page No. 2
9 0
9 Qualified Applicants: Stand Locations:
1. Arturo Sanchez Halloween Parade 12400 Studebaker Rd
2. Bajans and Friends for Health and Ed 13905 Pioneer Blvd
3. Bernabe Community Center 11005 Firestone Blvd
4. Calvary Community Church 14626 Pioneer Blvd
5. Dream Big Project 11719 Rosecrans Ave.
6. Jobs Daughters 13323 Goller Ave.
7. John Glenn High School 14320 Norwalk Blvd
8. Knights of Columbus 12523 Alondra Blvd
9. La Senda Antigua 15014 Studebaker Rd
10. New Harvest Christian Fellowship 11364 Imperial Hwy
11. Norwalk Elks Lodge #2142 11300 Firestone Blvd
12. Norwalk Little League 11016 Rosecrans Ave
13. Norwalk Wesleyan Church 12319 Norwalk Blvd
14. Parents in Support of Youth Activities 11623 Rosecrans Ave
15. Combat Baseball 14835 Pioneer Blvd.
16. St. John of God Church 11522 Alondra Blvd.
17. New Life & The Spirit 11624 Firestone Blvd.
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action aligns with the City of Norwalk’s Strategic Plan Goals 1, 2, and 3; provide high quality customer service to the community, work in partnership with our community to achieve safe and livable neighborhoods, and create and sustain a resilient and economically prosperous City.
Recommended Action:
Staff recommends City Council approve the organizations eligible to obtain retail fireworks permits and authorize issuance of permits.
Attachments:
N/A
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Mario Mera, Engineering Division Manager
Run Chen, P.E., Principal Civil Engineer
SUBJECT: PROJECT NO. 7927.2 - ACCEPTANCE OF WORK FOR - LOCAL STREETS REHABILITATION PROGRAM ZONE 3 – ENGINEERS REPORT 24-09
Background:
On June 16, 2023, staff solicited for construction bids for the Measure M Bond funded City Project No. 7927.2 - Local Streets Rehabilitation Phase 2 roadway surface improvements. The project area is located within City Pavement Management Zone 3, bounded by I-5 freeway to the east; Imperial Highway and Firestone Boulevard to the south; and the Union Pacific Rail Road line to the west as shown on the attached map. R. J. Noble Company was selected as the contractor for this project.
The project scope improved roadway surface conditions through multiple rehabilitation methods consisting of grind and overlay, specific location full-depth removal/replacement, and slurry seal coating. All pavement markings (striping, legends, crosswalks, etc.) have been restored following paving operations. Crosswalks were upgraded to current continental standard where applicable for enhanced pedestrian safety.
The project was completed satisfactorily on May 29, 2024.
Fiscal Impact:
The project was funded using $5,804,242 of Measure M funds that were included in the Fiscal Year 2023/24 budget. No General Fund monies were used for the project. Unexpended funds in the amount of $406,224 are available for reprogramming.
City Council June 18, 2024
Accept Project No. 7927.2 - Local Streets
Rehabilitation Program – Phase 2 Zone 3
Page No. 2
8 8
4 Final Project Accounting for Project No. 7927.2, Local Streets Rehabilitation Program – Phase 2 Zone 3 is as follows:
Estimated Actual Amount
Under/(Over)
Estimate
Construction Cost $ 5,048,647 $ 5,048,647
Contingency (10%) $ 504,865 $ 154,220 $ 350,645
CM&CI $ 175,000 $ 119,421 $ 5,579
Administration (1.5%) $ 75,730 $ 75,730
Total Cost $ 5,804,242 $ 5,398,018 $ 406,224
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal 2: Work in Partnership with Our Community to Achieve Safe and Livable Neighborhoods; Objective 1- Re-invest in existing and aging infrastructure.
Recommended Action:
Staff recommends City Council accept the work of R.J. Noble Company in the amount of $5,398,018 for Project No. 7927.2 – Local Streets Rehabilitation Program – Phase 2 Zone 3.
Attachments:
Project Location Map
VE.AVE.
LOS ALISOSCIRCLE
ST.
CARNE
ESTHER
WORTH
AVE.AVE.ST.CORBYTINAAVE.MONDONALBURTISST.BEATY
DOLLISONST.ST.ARLEEAVE.ST.GEMSPRYCREWEAVE.BRINKZEUS AVEBOMBARDIER AVE.AVE.ARLEEAVE.ZEUSST.SPRYHERCULESGEMDUNEST.ST.ST.ST.ST.AVE.PADDISONHEBE AVE.BRINKST.CYCLOPSALLARDALLARDTINAPANTHEON AVE.ZEUSAVE.AVE.AVE.ST.BAYLAKENNEYPLUTONST.ST.ST.LAKELANDCRESAVE.ARLEE AVE.ST.BATTLEST.HERMES ST.FLALLONPANTHEON ST.MILANDPLUTONMONDONST.BAYLAMAIDSTONE AVER.R.ST.AVE.CRESSONJERSEYAVEAVE.AVE.ST.HERMESCORBYAVEMILANOST.BUELL AVE.ZEUSST.PADDISON
CHEDDARLYNDORAAVE.ST.AVEZEUSBOMBARDIER CORBYDR.GETTYSBURGST.LEEDSAVE.ST.ST.EVERESTSPRYAVE.WOODS RD
DR.ST.ALLARDST.ST.DUNEST.GEMJERSEYMAIDSTONEROSETONGARDDR.GETTYSBURGSUMMERORR AND DAYAVE.LONGWORTHGRAYSTONEGRIDLEYHARVESTCREWEAVE.
AVE.AVE.AVE.ST.AVE.AVE.AVE.AVE.ST.CREWEGRAYSTONEDUNEST.RINGWOODFAIRFORDELMCROFTMEADOWRDOREEAVE.AVE.CROSSDALEAVE.DALWOODELMCROFTAVE.AVE.ST.ONLYNDORA ST.RA ST.ST.ADOREEBORSONADOREECHEDDARAVE.AVE.GRAYSTONELONGWORTHAVEHARVESTRDGRIDLEYDAYANDORRST.ST.ST.ST.ST. RDHERCULES UNEFAIRFORDAVE.DALWOODAVE.AVE.AVE.ST.OFFLEYCROSSDALETINA AVENUE
GARDST.AVE.ST.SUMMERST.BEATYBETHELIZA-ASMUSSENST.ST.ESTHERST.AVE.ST.LONG-PANTHEONBAYLAST.ST.KENNEYRDCRESSONST.CRESSONLAKELANDST.RDAVE.
ST.FAIRFORDELMCROFTDALWOODCROSSDALEHERMESAVE.AVE.AVE.AVE.
THOMASPL.
AVE.
ST. BATTLESONPADDISONGWYNNEAD
CYCLOPSHERCULES
LONGWORTHHERCULES
AD
VISTA VERDECT.(PVT.)
H BLVD
PIONEER BLVD
LOCATION MAP
LOCAL STREET REHABILITATION PROGRAM PHASE II
CITY PROJECT NO. 7927.1 - ZONE 3
N
LOCATION MAP
LOCAL STREET REHABILITATION PROGRAM PHASE II
CITY PROJECT NO. 7927.2 - ZONE 3
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: James C. Parker, Executive Director of Regional Transportation Theresa Clark, Transit Administration Officer
Miguel Garcia, Fleet Maintenance Manager
Janet Welde, Senior Management Analyst
SUBJECT: AGREEMENT – CAPITAL BUS TIRE LEASING SERVICES FOR NORWALK
TRANSIT SYSTEM
Background:
On February 1, 2024, the City issued a Request for Proposal (RFP) No. 24-736 for Bus Tire Leasing Services for Norwalk Transit System (NTS). Two proposals were received from the following vendors: (1) The Goodyear Tire and Rubber Company (Goodyear); and (2) Bridgestone Americas Tire Operations, LLC (Bridgestone). Each firm’s proposal was evaluated in keeping with RFP requirement criteria including, qualifications, experience, detailed work plan & schedule, proposed project team, organization, price, and completeness of RFP documents:
Firm Total Score
1 The Goodyear Tire & Rubber Co, 96%
2 Bridgestone Americas Tire Operations, LLC 73%
NTS staff reviewed the proposals and determined Goodyear was the most responsive and responsible proposal based on their extensive experience, qualifications, technical capacity, and resources to provide the required services. As the current incumbent, Goodyear has made a commitment to ensure that all services and tires continue to meet or exceed federal and state requirements; and that safety and fleet availability is not compromised.
City Council June 18, 2024
Agreement – Capital Bus Tire Leasing Services Page No. 2 8 8
6 Fiscal Impact:
Funding for the first year of the capital lease agreement, in the amount of $88,000, is included in the adopted Fiscal Year 2024/25 Transportation Department budget. There is no impact to the City’s general fund as the Capital Tire Lease Program is funded by the Federal Transit Administration Section 5307 Grant funds for 80% of the cost and the remaining 20% is funded with Proposition A Local Return funds.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve a lease agreement with The Goodyear Tire and Rubber Company for bus tire leasing for a three year term from July 1, 2024 through June 30, 2027, with an option to extend the agreement for two one-year periods for a total contract value of $476,000; and authorize the City Manager to execute the agreement, and any amendments provided there is funding in the budget and they are within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
Attachments:
1. Agreement
2. Campaign Contribution Form
SERVICE AGREEMENT
BUS TIRE LEASING SERVICES FOR NORWALK TRANSIT SYSTEM (NTS) THIS AGREEMENT FOR BUS TIRE LEASING SERVICES (“Agreement”) is dated July 1, 2024 (“Effective Date”), and is between the City of Norwalk, a California municipal corporation (“CITY”), and The Goodyear Tire and Rubber Company, a Akron, Ohio Corporation (“CONTRACTOR”). The CONTRACTOR and the CITY are sometimes referred to herein collectively as the “Parties” and singularly as “Party.”
R E C I T A L S
A. CITY desires to utilize the services of a CONTRACTOR to provide bus tire leasing services for Norwalk Transit System (NTS) Fixed-Route Service.
B. CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. CITY desires to retain CONTRACTOR and CONTRACTOR desires to serve CITY to perform these services subject to the terms contained herein and all applicable local, state and Federal regulations.
The parties therefore agree as follows:
1. CONTRACTOR’S Services.
1.1 Scope of Services . CONTRACTOR shall provide bus tire leasing services for Norwalk Transit System (NTS) Fixed -Route Service, and shall perform the specific work more particularly described in Exhibit A (“Services”), attached hereto and incorporated herein by this reference as though set forth in full.
1.2 RFP No. 2 4-736 and Addenda . CONTRACTOR has confirmed receipt of all Addenda amending RFP No. 24-736, and CONTRACTOR, in the performance of all services required under this agreement, shall adhere to terms and requirements for RFP No. 24-736 and all Addenda provided to CONTRACTOR, including the General Terms and Conditions, attached hereto as Exhibit D and incorporated herein by reference, except as otherwise agreed to between the Parties, as set forth in Exhibit E, attached hereto and incorporated herein by reference.
1.3 Personnel. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the work under this Agreement. All of the Services required under this Agreement will be performed by CONTRACTOR or under its supervision, and all personnel engaged in the Services shall be qualified to perform such services.
1.4 Party Representatives. For purposes of this Agreement, the CITY Representative shall be the City Manager or such other person designated by the City ATTACHMENT NO. 1 AGREEMENT
Manager (the “City Representative”). For purposes of this Agreement, the CONTRACTOR Representative shall be Walter Welker (the “CONTRACTOR Representative”).
1.5 Time of Performance. CONTRACTOR shall commence the Services contemplated under this Agreement immediately upon the commencement date for a term not to exceed the term set forth in Section 2. If the CONTRACTOR is not the incumbent. New CONTRACTOR shall commence the services contemplated under this Agreement within thirty (30) calendar days upon receipt of a Notice to Proceed for such services from the City representative.
1.6 Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from July 1, 2024 to June 30, 2027 (“Initial Term”), unless sooner terminated as provided in Section 13 herein. CITY may review CONTRACTOR’s performance under this Agreement and, upon mutual agreement with CONTRACTOR, may extend the agreement beyond the initial term for two (2) additional one (1) year periods from July 1 st through June 30 th of each year thereafter (“Additional Terms”).
3. Compensation.
3.1 Compensation. CONTRACTOR shall be paid on a fixed amount not to exceed price contracted rates set forth in Exhibit B as compensation for bus tire leasing services. This sum includes payment for all taxes, insurance, and fringe benefits as well as indirect costs, overhead, and profit allowance, materials, and supplies.
3.2 Bus Tire Lease Rates . Bus tire lease rate shall not exceed the amount specified in Exhibit B unless mutually agreement upon by CITY and CONTRACTOR in writing by the contractual representative designated herein.
3.3 Additional Services. CITY may request additional services under this Agreement. All such work, however, must be authorized in writing by the City Council or the City Manager, as applicable, prior to commencement. CONTRACTOR shall perform such services, and City shall pay for such additional services in accordance with fee schedule set forth in Exhibit B, or as otherwise agreed upon by the parties in writing. Any work incurred by CONTRACTOR which is not expressly authorized by this Agreement will not be reimbursed by CITY.
4. Method of Payment.
4.1 Invoices. No later than the fifteenth (15 th) day of each month, CONTRACTOR shall submit monthly invoices to the City Representative for the services performed pursuant to this Agreement during the preceding month. The invoices shall describe in detail the services rendered during the preceding month period and shall show the days worked and number of hours worked for each day in the preceding month period.
CONTRACTOR shall remit all invoices to the City Representative at the address provided in Section 14.
4.2 Disputed Amounts. CITY shall review all invoices and notify CONTRACTOR in writing ten (10) business days after receipt of the invoice of any disputed amounts.
4.3 Payment. CITY shall pay all undisputed portions of the invoice within fifteen (15) calendar days after receipt of the invoice up to the maximum compensation set forth in Section 3.
4.3 Audit of Records. Upon CITY providing 24-hour prior written notice, CONTRACTOR shall make all records, invoices, time cards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available to CITY for review and audit by CITY. CITY may conduct such review and audit at any time during CONTRACTOR’s regular working hours. Notwithstanding the foregoing, CITY’s right to inspect, copy and audit shall not extend to the composition of CONTRACTOR’s rates and fees, percentage mark-ups or multipliers but shall apply only to their application to the applicable units.
5. Standard of Performance. CONTRACTOR shall perform all work under this Agreement in accordance with the standard of care and skill generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to CITY. The acceptance of CONTRACTOR’s work by CITY shall not operate as a release of CONTRACTOR from such standard of care and skill.
6. Ownership of Work Product . Upon full payment of all monies owed to CONTRACTOR, all reports, documents or other written material (collectively, “work product”) developed by CONTRACTOR in the performance of this Agreement shall be and remain CITY’s property without restriction or limitation upon its use or dissemination by CITY. Work product shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of work product on any project other than the Project shall be at CITY’s sole risk, unless CITY compensates CONTRACTOR for such reuse. CITY agrees, to the fullest extent permitted by law, to indemnify and hold CONTRACTOR harmless from any claim, liability or cost (including reasonable attorney’s fees and defense costs) arising or allegedly arising out of any reuse or modification of the work product by CITY or any person or entity that obtains the work product from or through CITY on any project other than the Project.
7. Status as Independent Contractor . CONTRACTOR is, and shall at all times remain as to CITY, a wholly independent contractor. CONTRACTOR shall have no power to incur any debt, obligation or liability on behalf of CITY. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as set forth in this Agreement. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of CITY. CONTRACTOR shall pay all required taxes on amounts paid to CONTRACTOR under this Agreement and indemnify and hold CITY harmless from any and all taxes, assessments, penalties and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONTRACTOR shall fully comply with the workers’ compensation law regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR shall indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY may offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section 7.
7.1 In the event that CONTRACTOR, or its employee, agent, or subcontractor providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employ ee of CITY, CONTRACTOR shall indemnify, defend, and hold CITY harmless for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
7.2 The Parties further acknowledge the following: (i ) that CONTRACTOR shall provide the Services outlined in the Scope of Services directly to CITY; (ii) CONTRACTOR maintains a business location at the address listed under Section 13 that is separate and distinct from the CITY; (iii) CONTRACTOR contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the CITY; (iv) CONTRACTOR advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, CONTRACTOR provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) CONTRACTOR has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the CITY’s business hours and CITY staff availability, CONTRACTOR may set its own hours and location of work.
8. Confidentiality. CONTRACTOR covenants that all data, documents, discussion or other information (collectively, “data”) developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR to any person or entity without CITY’s prior written authorization. The restrictions on the use and disclosure of the confidential information shall not apply to information which (a) was known to CONTRACTOR before receipt of same from CITY; or (b) becomes publicly known other than through CONTRACTOR; or (c) is disclosed pursuant to the requirements of a governmental authority or judicial order, but only to the extent required to comply with the said requirements of the government authority or judicial order . CITY shall grant such authorization if disclosure is required by law. CONTRACTOR shall return all data to CITY upon the expiration or termination of this Agreement. CONTRACTOR’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflict of Interest . CONTRACTOR and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to CONTRACTOR’s work under this Agreement, including, but not limited to, the Political Reform Act (Cal. Gov. Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, CONTRACTOR may perform similar services for other clients, but CONTRACTOR and its officers, employees, associates a nd subcontractors shall not, without the City Manager’s prior written approval, perform work for another person or entity for whom CONTRACTOR is not currently performing work that would require CONTRACTOR or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. CONTRACTOR shall incorporate a clause substantially similar to this Section 9 into any subcontract that CONTRACTOR executes in connection with the performance of this Agreement.
10. Indemnification. CONTRACTOR shall indemnify, and hold harmless CITY, and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors and assigns, in accordance with the Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached as Exhibit C.
CONTRACTOR’s covenant under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
11.1. CONTRACTOR shall at all times during the term of this Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best Insurance Rating Guide, and approved by CITY,:
(1) broad -form commercial general liability insurance of One Million Dollars ($1,000,000) combined single limit and Two Million Dollars ($2,000,000) aggregate coverage against any injury, death, loss or property damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of Services under this Agreement;
(2) Automobile liability insurance, with minimum combined single limits coverage of $1,000,000 (one million dollars) per accident for bodily injury and property damage covering any vehicle;
(3) Workers’ compensation insurance with a minimum limit of $1,000,000 (one million dollars) or the amount required by law, whichever is greater, unless otherwise agreed to by CITY Manager or designee in writing, and;
11.2 Each insurance policy required by this Section 11 shall be endorsed as follows: (1) except for professional liability and workers’ compensation policies, the policies are primary and non -contributing with any insurance that may be carried by CITY; and ( 2) the policies may not be canceled or materially changed such that the requirements in this Agreement are no longer met except written notification will be per policy provisions.
11.3 All insurance coverages shall be confirmed as required under Section 11.2. CONTRACTOR shall file the endorsements with CITY on or before the date of commencement of services pursuant to this Agreement, and thereafter maintain current certificate(s) of insurance on file with CITY. The certificate(s) of insurance are subject to CITY’s approval. CONTRACTOR shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11.
12. Cooperation. In the event any claim or action is brought against CITY relating to CONTRACTOR’s performance of Services rendered under this Agreement, CONTRACTOR shall render any reasonable assistance and cooperation that CITY requires.
13. Termination. CITY may terminate this Agreement for convenience, after giving written notice to CONTRACTOR at least thirty (30) calendar days before the termination is to be effective. If CITY defaults under this Agreement, and if CITY has not cured the default within thirty (30) calendar days after CONTRACTOR has given CITY notice of the event of default, CONTRACTOR may terminate this Agreement for cause after giving written notice to CITY at least thirty (30) calendar days before the termination is to be effective. CONTRACTOR shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. CONTRACTOR shall be paid for services satisfactorily rendered to the last working day this Agreement is in effect, and pursuant to Article 24. Disposition of Tires at Termination from the Scope of Work, and CONTRACTOR shall deliver all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect In no event shall CONTRACTOR be entitled to receive more than the maximum compensation set forth in Section 3 of this Agreement that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
Neither party shall have any other claim against the other party by reason of such termination.
14. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required by or permitted under this Agreement shall be in writing and given by first class U.S. mail or by personal service. Notices shall be conclusively deemed received on: (a) personal delivery; (b) confirmed delivery by courier service during CONTRACTOR’s and CITY’s regular business hours or by facsimile before or during CONTRACTOR’s regular business hours; or (c) on the third (3 rd) business day following deposit in the United States mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section 14.
All notices shall be delivered to the parties at the following addresses:
If to CITY: City of Norwalk
Attn: City Clerk
12700 Norwalk Boulevard
PO Box 1030
Norwalk, CA 90651-1030
Fax: (562) 929-5773
With a copy to: City of Norwalk
Attn: James C. Parker, Executive Director of Regional
Transportation
12700 Norwalk Boulevard
PO Box 1030
Norwalk, CA 90651-1030
Fax: (562) 929-5572
If to CONTRACTOR: The Goodyear Tire and Rubber Company
Attn: Walter L. Welker, Manager Business Operations
Contract Acquisitions and Compliance
200 Innovation Way D/710
Akron, OH 44316-0001
Email:[email protected]
15. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. CONTRACTOR will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
16. Non-Assignability; Subcontracting . CONTRACTOR shall not subcontract or assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without CITY’s prior written consent. Such consent may be given by the City Manager in his/her discretion. Any attempt by CONTRACTOR to so subcontract, assign or delegate this Agreement or any rights, duties or obligations arising hereunder in violation of this Section 16 shall be void and of no effect.
17. Compliance with Laws. CONTRACTOR shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in the performance of this Agreement, including all federal and state grant funding requirements applicable to this Agreement.
17.1 COVID-19. CONTRACTOR shall adhere to all COVID -19 related protocols established by the Los Angeles County Department of Public Health (“County Health Department”) and/or the State of California. CONTRACTOR is responsible for providing their own Personal Protective Equipment, if applicable, in accordance with the County Health Department guidelines.
18. No Third Party Beneficiaries Intended . Unless otherwise expressly provided for in Exhibit A, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Non-Waiver of Terms, Rights and Remedies. No waiver by any party of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. No delay or omission to exercise any right, power or remedy accruing to CITY under this Agreement shall impair any right, power or remedy of CITY, nor shall it be construed as a waiver of, or consent to, any breach or default by CONTRACTOR.
Further, no payment made by CITY to CONTRACTOR shall constitute or be construed as a waiver by CITY of any breach or default by CONTRACTOR, and the making of any such payment by CITY shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default.
20. Attorney’s Fees . In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees.
21. Exhibits; Precedence . All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by refere nce, the provisions of this Agreement shall prevail.
22. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Norwalk.
23. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CONTRACTOR and CITY. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.
24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
[SIGNATURE PAGE FOLLOWS]
The Parties, through their respective authorized representatives, are signing this Agreement on the date stated in the introductory clause.
CITY OF NORWALK
By:
Jesus M. Gomez
City Manager
Date:____________________________
ATTEST:
By:
Theresa Devoy, CMC
City Clerk
APPROVED AS TO FORM:
By: _____________________________
Arnold M. Alvarez-Glasman
City Attorney
THE GOODYEAR TIRE AND RUBBER
COMPANY
By:
Walter L. Welker
Manager Business Operations
Mileage Sales, Lease & Service
(Please note, two signatures required
for corporations under California
Corporations Code Section 313,
unless corporate documents
authorize only one person to sign
this Agreement on behalf of the
corporation.)
EXHIBIT A
SCOPE OF SERVICES
1. Overview. The City of Norwalk, Norwalk Transit System (NTS) is seeking proposals from qualified and experience firms to provide bus tire leasing services for NTS’ heavy-duty bus fleet.
Contractor shall provide all new tires, re-groove and re -retread (rears only), labor, tools, equipment that are in good working condition necessary to mount tires on wheels, dismount tires from wheels, and perform necessary repairs to tires such as flats, air tires, and tire balance .
Contractor shall perform services described herein on a weekly basis on the entire active bus fleet on City premises located at 12650 E. Imperial Hwy., Norwalk, CA 90650.
1. General Requirements. Proposer must have five years experience providing bus tire leasing services to a public transportation agency. Proposers must be either the Original Equipment Manufacturer (OEM) or an authorized dealer of the types of tires described herein.
3. Hours of Operation. Contractor shall provide services between 5:30am to 10:3 0pm on Saturday and/or Sunday. Contractor shall provide a minimum of eight (8) hours of service weekly.
4. Holidays. The below table is the City’s holiday schedule. Contractor is not obligated to work on Contractor’s observed holidays.
Non-Observed Holiday Observed Holiday
Martin Luther King Jr. Day New Years Day
President’s Day Memorial Day
Veteran’s Day Independence Day
Labor Day
Thanksgiving
Christmas
5. Accidents/Incidents. Contractor shall notify the City immediately if City property and/or Contractor's personnel and/or subcontractor personnel were involved in an accident or incident in relation to the services provided by the Contractor and/or subcontractor. Contractor sh all provide the City a detailed written detailed description within three (3) business days of the event.
6. Annual Mileage. The mileage for Fiscal Year FY 2023 was 991,389 or 82,616 miles per month. NTS reserves the right to add or reduce miles as needed without immediate notice to the Contractor.
7. Tires Furnished. All tires furnished by Contractor shall be of high quality, radial tire design suitable for Transit operations. All materials used in the manufacture of the tires furnished under this bid shall conform to all U.S. Government and State of California laws and regulations and likewise the manufacturing of the tires furnished shall conform to all federal, state, and local laws and regulations.
7.1 Tires shall provide reliable transit bus service, free from excessive noise and vibration, and free from defects in material and construction.
7.2 Contractor (“Lessor”) shall provide tires meeting all applicable federal, state, and local laws and regulations.
EXHIBIT A
7.3 Tires to be run on front wheels shall be new tires only and shall be removed when the tread depth reach 5/32” minimum at any point in the tread configuration. Tires to be run on other than front wheels shall be removed when depth reaches 3/32” minimum at any point in the tread configuration.
7.4 The use of re -grooved tires shall be limited to the rear axle of transit buses shall comply with all federal, state, and local laws and regulations.
7.5 All tires provided are to be factory molded and D.O.T approved for 65 mile per hour city and suburban use. All tires shall be capable of 65MPH sustained operation.
7.6 NTS shall not be precluded during the life of the contract from including in the contract new or improved tires that may be developed by the Contractor. Contractor shall provide tires that the NTS may add, at NTS’s sole discretion, to its fleet. The City and Contractor will mutually agree on the specified new tire added as an amendment to the contractor signed by both parties.
7.7 Tires Unfit for Service. NTS will remove tires from service immediately when determined unfit by either the Successful Contractor or NTS. Contractor’s tires are to be removed from NTS property within 30 days of determination of unfitness, in accordance with local, state and federal laws and regulations
8. Inventory. Contractor shall monitor and control tire inventory and to ensure a number of mounted spare tires for buses, so that City, at all times, will have a stock of tires to maintain continuous operation of its buses. The amount of spare tires shall be mutually agreed upon between City and Contractor. All spare tires shall be mounted on City provided wheels.
8.1 Within two weeks after the effective Agreement date, Contractor shall inspect all bus tires in NTS possession, shall record the tire numbers and provide NTS with a listing of all tires, with appropriate comments on exceptional conditions encountered regarding fitness of tires for continued use or need for changes.
8.2 In the event of a manufacturing delay in tires due to a strike, the Contractor shall, to the degree possible, prior to the effective day of the strike, ship additional spare tires sufficient for NTS to maintain uninterrupted transit service during the manufacturing delay.
8.3 In any event, it is the Contractor’s responsibility to assure an adequate supply of tires at all times.
8.4 The Contractor shall be responsible for controlling the tire purchasing process through the entire contract period including option years in order to ensure that NTS has a sufficient inventory of tires.
8.5 Annual Inventory. At least once a year on a date to be agreed upon between Contractor and Fleet Maintenance Manager or designee, Contractor will perform a physical inventory of all leased tire stock on City property and provide the City with an electronic file containing the inventory results.
8.6 Tire Branding. Contractor shall brand all tires furnished to NTS individually or group with their own unique identification number prior to delivery. Contractor shall accurately list inventory on the Monthly Report.
EXHIBIT A
8.7 NTS will not transfer, sublet, or lend the tires furnished by, or permit the tires to be used by, anyone other than NTS, or its agents, without the prior written consent of the Contractor.
9. Title of Tires. Ownership and title to any leased tires and equipment shall remain with the Contractor unless and until a tire is purchased by NTS as provided for at the expiration of the contract, expiration of the run-out period, or in a scrap tire contract.
10. Tire Technical Requirements. Contractor shall refer to Table C for Fleet Composition Details including Gross Vehicle Weight Rating (GVWR). All buses are currently low floor and possess a six (6) tire position. Contractor shall provide the following tires sizes and specifications:
Refer to Table A & B for current tire sizes.
TABLE A- Current NTS Fleet Composite
QTY. YEAR Make Bus
Length
Model Wheel
Position
Tire Size
1 2009 New Flyer 41’ GE41LFR 6 B305/70R22.5 Load Range H 2 2010 New Flyer 36’ GE36LFR 6 B305/70R22.5 Load Range H 2 2012 Gillig 40’ G27D1024N 6 B305/85R22.5 G652 RTB Metro Miller Load Range J
12 2013 Gillig 40’ G27D1024N 6 B305/85R22.5 G652 RTB Metro Miller Load Range J
4 2016 Gillig 40’ G27D1024N 6 B305/85R22.5 G652 RTB Metro Miller Load Range J
2 2017 Gillig 40’ GD31D 6 B305/85R22.5 G652 RTB Metro
Miller Load Range J
1 2018 Gillig 40’ GD31D 6 B305/85R22.5 G652 RTB Metro
Miller Load Range J
4 2021 Gilig 40’ G28D 6 B315/80R22.5
G652 Load Range L
4 2021 Gillig 40’ G31D102H4 6 B305/85R22.5 G652 RTB Metro Miller Load Range J
Battery Electric Buses- Subject to California AB 1250
QTY. YEAR Make Bus
Length
Model Wheel
Position
Tire Size
Front
Tire Size
Rear
2 2023 Gillig 40’ G31D102H4 6 B315/80R22.5
G652 Load
Range L
B315/80R22.5
Intercity Cruiser
Load Range J
TABLE B- Future Bus Purchase. Buses to be delivered September 2024 QTY. YEAR Make Bus
Length
Model Wheel
Position
Tire Size
Front
Tire Size
Rear
3 2023 Gillig 40’ G31D102H4 6 B315/80R22.5
G652 Load Range
L
B315/80R22.5
Intercity Cruiser
Load Range J
TABLE C- Current NTS Fleet Composite
QTY. YEAR Make Description GVWR
1 2009 New Flyer Low Floor-Gasoline Hybrid Bus
42540
EXHIBIT A
2 2010 New Flyer Low Floor-Gasoline Hybrid Bus 42540
2 2012 Gillig Low Floor Passenger Bus - CNG Bus 41600
12 2013 Gillig Low Floor Passenger Bus - CNG Bus 41600
4 2016 Gillig Low Floor Passenger Bus - CNG Bus 41600
2 2017 Gillig Low Floor Passenger Bus - CNG Bus 41600
1 2018 Gillig Low Floor Passenger Bus - CNG Bus 41600
4 2021 Gilig Low Floor- Battery Electric Bus 45000
4 2021 Gillig Low Floor Passenger Bus - CNG Bus 41600
2 2023 Gillig Low Floor- Battery Electric Bus 47180
11. NTS’ Responsibilities.
11.1 NTS will provide a secured space with its Equipment Maintenance Shop for tire related equipment and space for tire inventory to be stored.
11.2 NTS staff will p rovide mileage data on a per bus per month basis for the purpose of billing for the service rate and tire mileage lease no later the 15 th of each month.
11.3 NTS will replace tire/wheel assemblies that are necessary to be done on the road, noting that spare assemblies shall be provided to NTS via the Contractor for this purpose.
11.4 NTS will service tires as needed and to Original Equipment Manufacturer’s recommendations in accordance with industry best practices.
11.5 Fleet Maintenance Manager or designee will investigate misalignment and other conditions reported by the Contractor and correct as necessary.
11.6 NTS will provide necessary air and electrical outlets for tire service equipment.
12. Contractor Services. Contractor shall provide and maintain in a safe operating condition all labor, equipment, tools and supplies in the provision of leased tires.
12.1 Original Equipment Manufacturer (OEM) . Contractor and Contractor’s subcontractor must meet or exceed Original Equipment Manufacturer (OEM) specification standards and workmanship at all times.
12.2 Contractor shall ensure that no bus is kept from next day revenue service due to the Contractor’s failure to perform required tire services.
12.3 Mounting / Dismounting . Contractor shall be responsible for mounting and dismounting tires.
12.4 Torquing.
12.4.1 Contractor shall ensure all wheel nuts are properly torqued.
12.4.2 Contractor shall safety stripe all wheel nuts after they are torqued.
EXHIBIT A
12.4.3 Should the torque wrench pro vided by Contractor be inoperable , Contractor shall hand torque all wheel nuts pursuant to the OEM specifications.
12.4.4 Contractor’s torque wrench shall be maintained to OEM specifications and calibrated in accordance with OEM requirements. Contractor’s torque wrench shall possess a tag indicating certification.
12.5 Balancing. Contractor shall balance all tires utilized in the front position only.
12.6 Rotation. Contractor shall inspect tires to verify need for rotation. Contractor shall rotate tires pursuant to the OEM specifications.
12.7 Tire Repair. Contractor shall repair all tire punctures and flat tires.
12.8 Tire Inspections. Contractor shall perform a weekly visual inspection of all tires for tread depth, visual defects, adversities, or damage, including defective or leaking valves, defective or loose valve stems, and missing valve caps. Contractor shall visually inspect tires for evidence of irregular wear that may occur as a result of mechanical adversities. Tires determined to not meet standards or possess defects, adversities, or damage shall be removed. Contractor shall promptly notify City of such findings.
12.9 Tire Pressures . Contractor shall perform weekly tire air pressure check s and maintain OEM inflation specifications on buses. Contractor shall visual inspect alignment or misalignment for each type of tire application and adjust tire pressure accordingly.
12.10 At no time shall the Service Technician be authorized to drive the buses. City staff will assist the Contractor to maneuver the buses as needed.
13. Contractor Service Technician(s). At no time shall the City be without the services from the Service Technician(s) provided by the Contractor. Necessary arrangements shall be made by Contractor to provide continuous coverage when the Service Technician(s) is/are unavailable due to scheduled or unscheduled time off. Contractor shall notify NTS immediately of such events.
13.1 Service Technician(s), including all subcontractors, performing the services described in the Scope of Work herein shall be properly trained with mounting and dismounting tires and operating procedures regarding manual and machine methods in accordance to OSHA 1910.177.
14. Tire Delivery
14.1 Delivery. Contractor shall obtain City written signature for acceptance of all tire deliveries. City shall assist with unloading tire deliveries. Contractor shall be responsible for the accuracy of the tires delivered and ordered. Contractor shall pay all freight and delivery charges.
Standard delivery time of tires is 30 days from receipt of order. Tire deliveries can be made Monday- Friday between 8:00a.m.- 6:00p.m.
14.2 Expiration of Agreement. Contractor shall not delivery tires within six (6) months prior to the expiration date of the contract without written approval from City.
15. Storage of Tires and Contractor Workspace.
EXHIBIT A
15.1 City shall furnish inside, secured storage space and workspace for maintenance of tires used by the Contractor.
15.2 Storage is located indoors inside the Vehicle Maintenance shop. Current racking can accommodate up to ninety six (96) tires.
15.3 City shall keep garage floors and bus parking areas clean and free of hazardous conditions that could impact the performance of the tires.
15.4 Contactor shall maintain a clean and safe work area where all equipment, tools and supplies are retained. Contractor shall notify the City immediately regarding an unsafe work environment.
15.5 Tire that need recapping or re -grooving may be picked up by Contractor on a monthly basis as long as store pace is not at capacity.
16. Scrap Tire Storage.
16.1 City shall furnish the Contractor with an outside storage area for scrap tires.
16.2 Storage area is located within the City yard and is secured at all times.
16.3 City shall provide a maximum of three (3) pallets and tarp covering for the storage of scrap tires. Each pallets can hold a maximum of five (5) tires.
16.4 Pallets may not block storm drains and/or manholes at any time.
16.5 Contractor shall place scrap tires on pallets and cover scrap tires in the designated area.
16.6 Pursuant to square footage provided, Contractor shall load onto Contractor’s vehicle and remove scrap tires from City yard. City will not provide additional storage space.
16.7 Contractor is responsible for all costs and/or fees related to the removal of the Contractor’s scrap lease tires.
16.8 Contractor shall use their Facility Tire Program ID in relation to the disposal of scrap tires.
17. Damaged, Lost and Stolen Tires.
17.1 The cost for damaged tires shall be included in the fixed rate per tire mile “Normal” damage to a tire means abuse by partial or total destruction of a tire by means other than normal wear, including but not limited to irregular wear, curbing, road hazards and misalignment. Normal damage does not include heat-related cracking of the tire in and around the bead area and such damage is the responsibility of the Contractor.
17.2 NTS agrees to maintain the buses’ suspension and steering in accordance with the bus manufacturer’s alignment specifications and keep brakes properly adjusted.
EXHIBIT A
17.3 Tires that are damaged beyond repair due to an accident or fire, vandalism, or have been lost, sold, stolen, or purchased shall be paid for by the City. The City shall pay for any mileage remaining, less the mileage already paid for on the damaged tire. The remaining mileage shall be prorated by determining the percentage of tread rubber remaining, multiplied by the Expected Tread Life (Exhibit B) multiplied by the effective base rate per tire mile (Exhibit B). Value shall be fixed for the term of the contract.
17.4 When a tire is not available for inspection to apply the above formula due to loss, theft, or complete destruction of tire, NTS shall not reimburse the Contractor in excess of fifty percent (50%) of the current value of a similar tire, unless the Contractor can provide an auditable accounting of the tire’s accurate mileage prior to the loss.
18. New Buses. If during the term of the contract, NTS purchases new buses with leased tires, Contractor shall deliver to the North American bus manufacturer the new tires required, if in Contractor’s product line. NTS shall give Contractor not less than a sixty-day (60) written notification of tire quantities and delivery dates. It will be the bus manufacturer’s responsibility to receive and install tires.
18.1 If any such buses equipped with tires furnished by the Contractor shall be driven over land instead of being shipped by the manufacturer, NTS shall pay the Contractor for use of the tires. The City shall pay the Contractor the following month mileage rate for the miles that are incurred. The mileage rates billable to City for such tires shall be the current mileage rate at the time buses are purchased.
18.2 Any tire lost, stolen, or damaged while in the possession of the bus manufacturer, dealer, or seller, or while the bus is being delivered shall be paid for by NTS.
18.3 When bus manufacturer requires a tire that is a different make/model than those itemized in Exhibit B or one(s) requiring a different size/construction type of tire, are required, a separate per-tire-mile rate shall be negotiated between the City and Contractor.
19. Removal of Buses from Service.
19.1 Should the City dispose of or remove from service any vehicles in its fleet for more than ninety days, the City shall notify the Contractor in writing, thirty (30) calendar days advance notice barring any unforeseen circumstances that would prevent such notice.
19.2 Tires on such vehicles will be removed by the Contract. The Contractor shall utilize tires on other buses in the NTS fleet. Tires that cannot be used on City fleet will be purchased by the City based on remaining miles pursuant to the rates in Exhibit B.
19.3 Scrap Tires No Value Tires. It is the desire of the City to use scrap tires for the sole and exclusive purpose of transporting, storing, and disposing out of service vehicles. Contractor is required to provide and mount uncut scrap tires for buses removed out of service at no cost to City, if available. Scrap tire will be provided as-is with no warranties as to the condition or fitness of such tires for continued use, and the City assumes all liability for use and possession of scrap tires furnished by the Contractor.
20. Unused New Tires. Unused and unmounted new tires at the end of the original Contract period shall be returned to the Contractor at no additional cost to the City and shall not be available for use during the run-out period.
EXHIBIT A
21. Recordkeeping and Reports.
21.1 The Contractor shall provide NTS accurate and detailed Monthly Reports to include the following:
a. Bus tires mileage for each bus including bus unit#
b. Beginning and ending balance of tire quantities on-hand c. Rolling tires on equipment including spares
d. Tires removed from service
e. Provide tire mileage for each type of tire in the fleet f. Monthly report on all tire misalignments and air pressure checks and adjustments
21.2 The Contractor shall retain throughout the term of the Contract and for three (3) years thereafter, all tire change summaries and invoicing documentation and shall make the records available for inspection upon NTS’ request. The Contractor shall make available to NTS, upon request, any reports or statistics they have available.
21.3 The Contractor shall make available to NTS, upon request, any other reports or statistics the Contractor should have available such as average tire mileage by ‘type’ of tire, mileage history, history of tires’ bus and wheel position, tires removed from service by type, etc.
22. Invoice. NTS will provide a monthly report listing individual bus numbers and total miles operated per month, including buses with zero (0) miles operated, by the 1 5th of the following month. Contractor shall submit monthly invoices showing for each tire type the activity during the previous calendar month as follows:
1. Contractor shall provide record mileage traveled by NTS buses on the Contractor’s tires (Original or Retread), tire size or group, tire rate, # of wheel positions, vehicle rate, and vehicle miles billed.
2. The service dates for each calendar month with the service rate per the contract.
23. Option Agreement to Run-Out Remaining Tires.
23.1 The City’s current Lease Agreement has a thirty six (36) mo nth “run-out” option available by providing written thirty (30) calendar days notice prior to the original expiration to further extend the Lease Agreement and continue to use all tires furnished by the incumbent Contractor. In the event a new Contractor is selected pursuant to this solicitation, and the “run- out” option exercised, the new Contractor shall be required to furnish all tire equipment, tools, supplies, and maintain the services required on previous Contractors’ tires for the thirty six (36) month “run-out” period.
23.2 Contractor shall maintain the previous Contractors’ tires pursuant to the OEM specifications until the run -out transition is complete; while simultaneously phasing in the new Contractors’ tires.
23.3 The rate or rates per tire in effect during thirty six (36) month period shall be the rate or rates in effect for the six (6) month period immediately preceding the commencement date of thirty six (36) month period.
EXHIBIT A
23.4 It is understood that the City shall continuously use tires insofar as practical on its highest mileage runs until such tires are rendered permanently unfit for service during thirty six (36) month period.
23.5 Upon the expiration of the thirty six (36) month period, the City shall pay for any used mileage remaining in such tires (tires supplied by the Contractor pursuant to the contract) at the rate set forth in this Section. The amount of the remaining mileage shall be computed in accordance with Section 17 titled “Damage, Lost, and Stolen Tires”.
23.6 The City will acquire each such used tire as is, and Contractor make no warranties as to the merchantability, condition or fitness for continued use of such tires.
24. Disposition of Tires at Termination . The City’s current Lease Agreement has a thirty - six (36) month “Run -Out” Option Agreement available by providing written thirty (30) calendar days notice prior to the original expiration to further extend the Lease Agreement and continue to use all tires furnished by the incumbent Contractor. In the event a new Contractor is selected pursuant to this solicitation, and the “run -out” option exercised, the new Contractor shall be required to furnish all tire equipment, tools, supplies, and maintain the service s required on previous Contractors’ tires for the thirty six (36) month “run-out” period.
24.1 Upon the expiration of said contract period, the City reserves the right to exercise the following options if a new contract is awarded to a Contractor other than the incumbent Contractor.
Option 1 – Tire Buy Out
a. NTS shall acquire ownership and title to each such used tire as is upon full payment, and Contractor makes no warranties as to the condition or fitness for continued use of such tires. Any payment for tires and tubes required to be purchased by NTS under this or any other provision of this Contract shall be made within thirty days after date of invoice covering the purchase thereof.
b. NTS shall pay any unused mileage remaining on such tires (tires supplied by Contractor pursuant to the Contract) at the rate in effect for those tires. The amount of the remaining mileage shall be computed in accordance with Section 1 7 titled “Damage, Lost, and Stolen Tires”.
Option 2 – Run-Out
c. In the event that a Contract is awarded to a Contractor other than the incumbent Contractor, NTS may exercise the “run -out” option via Run -Out Agreement. All terms, conditions and provisions of said Contract, as previously amended and extended, shall remai n in full force and effect during said run -out period, except that Contractor shall be relieved of any requirements to furnish NTS with new tires service or equipment during said run-out period.
d. NTS shall continuously use such tires insofar as practicable in its regular service until such tires are rendered permanently unfit for service during said run -out period.
e. Upon the expiration of the thirty six (36) month period, the City shall pay for any used mileage remaining in such tires (tires supplied by the Contractor pursuant to
EXHIBIT A
the contract) at the rate set forth in this Section. The amount of the remaining mileage shall be computed in accordance with Section 14 titled “Damage, Lost, and Stolen Tires” effect for those tires
25. Regulatory Compliance. The Contractor shall be solely responsible for all fees and costs mandated by federal, state, or local governments associated with the acquisition, installation, removal and proper disposal of scrapped tires from NTS premises. Disposal shall be done in accordance with all applicable federal, state, and local laws and regulations. The Contractor shall keep the work area clean, free of grease and grime, loose debris, and clutter free.
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description: RFP 24-736 Bus Tire Leasing Services for Norwalk Transit System.
Indemnitor(s): The_Goodyear_Tire_and_Rubber_Company_____________________________________________ (list all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Norwalk and its elected officials, officers, attorneys, agents, employees, designated volunteers, successor s, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), to the extent resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, to the extent arising directly, out of, in connection with, resulting from, or related to the above -referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement , including this indemnity provision. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to a n Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attor ney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the exis tence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Indemnification and Hold Harmless Agreement.
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Print Name: Print Name: ___________________________
Signature:_____________________________ Signature:_____________________________
Title: Title:_________________________________
Date: __ Date: ____
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GENERAL TERMS AND CONDITIONS
GC.1 DEFINITIONS
Agreement
Proposer/Vendor/Contactor/
CONTRACTOR/Bidder
Change
City
Contract
Days
Defect
RFP
Notice to Proceed
Proposer
Special Provisions
Specifications
The Contract to be negotiated and entered into
by the City and the successful Proposer for the
work described in this RFP.
Any manufacturer, firm, company or agency
providing services, equipment, software, or
supplies for this RFP.
Additions, deletions or other revisions to the
Work within the general scope of the contract.
The City through issuance of a modification must
direct a change.
The City of Norwalk, a municipal corporation or
Norwalk Transit System (NTS)
The written agreement executed by the City and
the successful Proposer which sets forth the
rights and obligations of the Parties in connection
with the Work, and which includes the Contract
Documents.
Calendar days unless specifically noted
otherwise.
Patent or latent malfunction of failure in
manufacture or design of any component or
subsystem that causes a product to cease
operating or causes it to operate in a degraded
mode.
Request for Proposal
Purchase Order issued from the City to the
successful Proposer specifying the date on
which the Work under the Contract is to be
initiated.
Proposer or Contractor or CONTRACTOR or
Bidder
Contract Document containing requirements that
modify or supplement the General Terms and
Conditions.
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Work
Part of the contract documents that adequately
and completely describes the locations,
dimensions, character, properties, requirements
and details of the Work. Contract specifications
include, without limitation, all things described,
referenced, or state d in any Contract document
as a “Specification”,” Statement of Work” or
“Scope of Work”.
Any and all of the labor, material, services,
supervision, tools, machinery, equipment,
supplies, facilities and support used by the
Proposer to generate the results specified,
indicated or implied in the requirements
described in the contract Statement of Work
and/or Specifications.
GC.2 ASSIGNMENT AND SUBCONTRACTORS
Neither this RFP nor any interest herein nor claim hereunder may be assigned by successful Proposer either voluntarily or by operation of law, nor may all or part of this RFP or subsequent agreement be subcontracted by successful Proposer, without the prior written consent of the City of Norwalk. Consent by the City shall not be deemed to relieve successful Proposer of obligations to comply fully with the requirements hereof.
GC.3 SAMPLE AGREEMENT
A form approved by the City Attorney must be executed between the City and the successful Proposer prior to commencement of any work. The City reserves the right to negotiate with a successful Proposer the final provisions or provisions in addition to thos e contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful proposal will be incorporated into and become part of the agreement.
GC.4 NOTICE OF LABOR DISPUTE
Whenever Proposer has knowledge that any actual or potential labor dispute may delay the award of this RFP, Proposer shall immediately notify and submit all relevant information to the City of Norwalk. Proposer shall insert the substance of this entire clause in any subcontract hereunder.
GC.5 DISPUTES
NTS is a FTA recipient and Contractor shall adhere to 9 CFR Part 18 FTA Circular 4220.1F 2 CFR 200 Appendix II (A) in regards to disputes.
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by City’s Executive Director of Regional Transportation. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails
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or otherwise furnishes a written appeal to City of Norwalk’s City Council. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its possession. The decision of the City Council shall be binding upon the Contractor and the Contractor shall abide by the decision.
Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved.
Breach of Contract - The successful bidder shall be deemed in breach of contract if the successful bidder: fails to comply with any terms of the contract; fails to cure such noncompliance within five (5) calendar days from the date of written notice from City Utilities or s uch other timeframe, greater than five (5) calendar days, specified in the notice; fails to submit a written response to the notification from City Utilities within five (5) calendar days after the date of the notice.
Force Majeure - The successful bidder shall not be in breach of the contract as long as its default was due to causes beyond reasonable control (force majeure) and occurred without any fault or negligence on the part of both the successful bidder and its subcontractors.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.
Remedies Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the successful Proposer arising out of or relating to the Agreement or any breach thereof, will be decided by arbitration if th e parties mutually agree, or in a court of competent jurisdiction. The parties shall further agree that the proper venue for any court action shall be in the Superior Court for Los Angeles County for state court actions and the United States Distr ict Court for the Central District of California sitting in Los Angeles.
Rights and Remedies of the City The City shall have the following rights in the event that the City deems the Contractor guilty of a breach of any term under the Contract.
1. The right to take over and complete the work or any part thereof as agency for and at the expense of the Contractor, either directly or through other contractors;
2. The right to cancel this Contract as to any or all of the work yet to be performed;
3. The right to specific performance, an injunction or any other appropriate equitable remedy; and
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4. The right to money damages.
Rights and Remedies The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereund er, except as may be specifically agreed in writing.
Fees - All costs, expenses and attorney fees incurred by the Contractor in connection with any appeal, suit or claim regarding a dispute that is brought by the Contractor shall be paid by the Contractor.
GC.6 ASSUMPTION OF RISK OF LOSS
Unless otherwise provided, Proposer shall have title to and bear the risk of loss of or damage to the items purchased hereunder until they are delivered in conformity as outlined in the RFP/RFP at the F.O.B. point specified herein, and upon such delivery Proposer’s responsibility for loss or damage shall cease, except for loss or damage resulting from Proposer’s negligence.
GC.7 WAIVER OF TERMS AND CONDITIONS
The failure of the City or the successful Proposer to enforce one or more of the terms or conditions of the Agreement or to exercise any of its rights or privileges, or the waiver by the City of any breach of such terms or conditions, shall not be construe d as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred.
GC.8 INTEREST OF MEMBERS OF THE CITY
The successful Proposer covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in the City or any other interest which would conflict in any manner or degree with the performance of its services hereunder.
The successful Proposer further covenants that in the performance of this Agreement no person having any such interest shall be employed by successful Proposer.
GC.9 TERMINATION FOR DEFAULT
If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default.
Termination shall be effected by serving a Notice of Termination on the Contractor
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setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
Opportunity to Cure The City, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against Contractor and its sureties for said breach or default.
Waiver of Remedies for any Breach In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.
GC.10 TERMINATION FOR CONVENIENCE
The City may terminate this contract in whole or in part, for the City’s convenience or because of the failure of the Contractor to fulfill the contract obligations. The City shall terminate by delivering to the Contractor a Notice of Termination specifyin g the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the City ‘s Contracting Officer all da ta, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. City has a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, all such data, drawings, specifications, reports, estimates, summaries, and other information and materials. If the termination is for the convenience of the City, the City’s Contracting Officer shall make an equitable adjustment in the c ontract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the City may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the City. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of City.
GC.11 LIQUIDATED DAMAGES
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If applicable, it shall be agreed by the parties to the Agreement that time is of the essence, and in the event of delay in starting the work or the delivery of the equipment, goods, services, and personnel required for project implementation and training or equipment beyond the date set forth in the Agreement, damage will be sustained by the City and that it is or will be impracticable to determine the actual amount of the damage caused by reason of such delay. It is therefore agreed that the successful P roposer will pay to the City the sum of two hundred fifty dollars ($250) for each working days delay in delivery, performance and/or acceptance of the approved work as set forth in the Agreement beyond any timeline or due date, or authorized extension.
These damages shall be deducted from any monies due, or which may thereafter become due, to the successful Proposer under the Agreement or may be recovered by the City through any lawful means.
The successful Proposer will be granted an extension of time and will not be assessed liquidated damages for any portion of the delay in performance which would be excused pursuant to the force majeure provisions of the Agreement, provided that the successful Proposer shall notify the City’s representative in writing of the causes of delay within three (3) business days from the beginning of any such delay.
The successful Proposer shall bear the burden of proof to establish that any delay is subject to the force majeure provisions of the Agreement
GC.12 CANCELLATION OF AGREEMENT
In any of the following cases, the City shall have the right to cancel the Agreement without expense to the City: (1) the successful Proposer is guilty of misrepresentation; (2) the Agreement is obtained by fraud, collusion, conspiracy, or other unlawful means; or (3) the Agreement conflicts with any statutory or constitutional provision of the State of California or the United States. This section shall not be construed to limit the City’s right to terminate the contract for convenience or default, as provided herein.
GC.13 EXCESS REPROCUREMENT LIABILITY
If applicable, Proposer shall be liable to the City of Norwalk for all expenses incurred by the City in reprocuring elsewhere the same or similar items or services offered by the Proposer hereunder, should Proposer fail to perform or be disqualified for fa ilure to meet terms and conditions set forth herein. Such reprocurement expense obligation by Proposer shall be limited to the excess over the price specified herein for such items or services.
GC.14 NON-RESTRICTIVE CLAUSES
Wherever brand, manufacturer or product names are indicated in these specifications, they are included for the purpose of establishing identification and a general description. Wherever such names appear, the term “or approved equal” is deemed to follow. The decision whether a proposed unit is an approved equal will be made by the City. Specifying a brand name in the specification shall not
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relieve the successful Proposer, or any subcontractor or supplier, of the responsibility to design and produce a unit which fully meets the performance specifications, the warranty and any other contractual requirements.
Requests for “or approved equal”, clarification of the specifications, and complaints on specifications must be received by the City, in writing, not less than fourteen (14) full days before the Proposal opening date. Any request for an approved equal or complaint concerning the equipment or material specifications must be fully supported with technical data, test results, or other pertinent facts as evidence that the substitute offered is equal to or better than the specification requirement.
Time limitations in this section must be complied with strictly and in no case will an extension of time for performance of this contract be granted because of Contractor’s failure to request a substitution of an alternative item at the times and manner se t forth herein. Furthermore, if a proposed substitution is rejected, Proposer shall be responsible to provide the item or product or work as originally specified at no additional cost to the City. The City has the complete and sole discretion to determine if an item or article is an equal item.
GC.15 INDEMNIFICATION
Successful Proposer shall comply with this section and the language of this section shall be adopted in the agreement:
Contractor shall indemnify, defend and hold harmless City, and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors and assigns in accordance with the Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached hereto as Exhibit C. Contractor’s covenant under this Section and Exhibit C shall survive the expiration or termination of this Agreement.
GC.16 INSURANCE
Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.
Successful Proposer shall comply with this section and the language of this section shall be adopted in the agreement:
Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best Insurance Rating Guide, and approved by City, a policy or policies of:
(1) broad -form commercial general liability insurance of One Million Dollars ($1,000,000) combined single limit and Two Million Dollars ($2,000,000) aggregate coverage against any injury, death, loss or property damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of work under this Agreement;
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(2) Automobile liability insurance, with minimum combined single limits of One Million Dollars ($1,000,000); and
(3) workers’ compensation insurance and employer’s liability insurance with a minimum limit of One Million Dollars ($1,000,000) per accident or the amount required by law, whichever is greater.
City, its officers, employees, attorneys, and designated volunteers shall be named as additional insureds on the policy (ies) as to commercial general liability and automobile liability with respect to liabilities arising out of Contractor’s performance of services under this Agreement.
Each insurance policy required by this Section 17 shall be endorsed as follows: (1) the insurer waives the right of subrogation against City and its officials, officers, employees, agents and representatives; (2) except for professional liability and workers’ compensation policies, the policies are primary and non-contributing with any insurance that may be carried by City; and (3) the policies may not be canceled or materially changed except after thirty (30) calendar days’ prior written notice by insurer to City, unless canceled for non -payment, in which case the insurer shall give ten (10) calendar days’ written notice to City
All insurance coverages shall be confirmed by execution of endorsements required under this Section. CONTRACTOR shall file the endorsements with City on or before the date of commencement of services pursuant to this Agreement, and thereafter maintain current endorsements on file with City. The endorsements are subject to City’s approval. CONTRACTOR shall not cancel, reduce or otherwise modify the insurance policies required by this Section.
GC.17 CERTIFICATE OF NON-COLLUSION
Proposer’s must represent and warrant that all submittals for this work are genuine and not sham or collusive or made in the interest of or on behalf of any person not therein named, and that the Proposer has not, directly or indirectly, induced or solicited any other Proposer to put in a sham Proposal or any other person, firm or corporation to refrain from proposing, and that the Proposer has not in any manner sought by collusion to secure to the Proposer or another Proposer an advantage over any other Proposer.
The Certificate of Non -Collusion must be notarized and submitted separate from proposal electronically through the City of Norwalk PlanetBids online bid portal site:
GC.18 PATENT AND COPYRIGHT INFRINGEMENT
In lieu of any other warranty by the City or the successful Proposer against patent or copyright infringement, statutory or otherwise, it is agreed that successful Proposer shall defend at its own expense any claim or suit against the City on account of an y allegation that any item furnished under this Agreement or the normal use of sale thereof arising out of the performance of this Agreement, infringes on any present existing United States letter patent or copyright and
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successful Proposer shall pay all costs and damages finally awarded in any such suit or claim. Provided that successful Proposer is promptly notified in writing of the suit or claim and given authority, information and assistance at the Proposer expense of same.
However, the successful Proposer will not indemnify the City if the suit results from:
(1) City’s alteration of a deliverable, such that said deliverable in its altered form infringes upon any presently existing United States letters patent or copyright; o r (2) the use of a deliverable in combination with other material not provided by the Proposer when such use in combination infringes upon an existing United States letters patent or copyright.
The successful Proposer shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof. The successful Proposer shall not be obligated to indemnify the City under any settlement made without the Proposer’s consent or in the event the City fails to cooperate fully in the defense of any suit or claim, provided, however, that said defense shall be at the Proposer’s expense. If the use or sale of said item is enjoined as a result of such suit or claim, the Proposer, at no expense to the city, shall obtain for the City the right to use and sell said item, or shall substitute an equivalent item acceptable to the City and extend this patent and copyright indemnity thereto.
GC.19 FORCE MAJEURE
The successful Proposer shall not be liable for any failure to perform if acceptable evidence has been submitted to the City that failure to perform the Agreement was due to causes beyond the control and without the fault or negligence of the successful Pr oposer. Examples of such causes include acts of God, civil disturbances, fire, war, or floods, but does not include labor related incidents such as strikes or work stoppages or unavailability of any product to be supplied to the City.
GC.20 DELIVERY AND SERVICES
The services and/or equipment described herein are to be rendered for the City of Norwalk at 12650 E. Imperial Hwy., Norwalk, CA 90650. Service entrance address is 12735 Civic Center Drive, Norwalk, CA 90650 (Southwest entrance of the building).
GC.21 CONTRACT TERMS AND REQUIREMENTS
The successful Proposer shall deliver and complete all services described in the Scope of Services and agrees to perform such services in accordance with all terms and conditions of the City’s standard Agreement. By submitting a Proposal, the Respondent agrees that it will enter into the Agreement using the attached form with no exceptions to the form of the Agreement.
GC.22 CONFLICTS OF INTEREST
Each Bidder represents and warrants, and if awarded a contract, will covenant, that it presently has no interest and shall not acquire any financial interest, direct
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or indirect, in any City business or any other interest which would conflict in any manner or degree with the performance of the services to be performed. The successful Bidder shall further covenant that in the performance of the Agreement no person having any such interest shall be employed. Successful Bidder further covenants and warrants that successful Bidder and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of Californ ia applicable to the performance of services contemplated by this RFP, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of the Contract, successful Bidder a nd its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Manager, perform work for another person or entity for whom successful Bidder is not currently performing work that would require successful Bidder or one of its officers, employees, associates or subcontractors to abstain form a decision under the Contract pursuant to a conflict of interest statute.
GC.23 ORDER OF PRECEDENCE
In the event of any conflict, the order of precedence of the contract documents will be:
The Agreement and any written amendment thereto
Federal Provisions
General Conditions
Scope of Work/Specifications
A modification to this Agreement shall take its precedence from only those specific terms it amends. All other terms and conditions shall remain unchanged.
GC.24 CHANGES
The City may at any time, by written order, and without notice to sureties, if any, make changes within the general scope of this Agreement in any one or more of the following:
1. Drawings, designs or specifications when the supplies to be furnished are to be specially manufactured for the City in accordance with the drawings, designs, or specifications.
2. Method of delivery or packing.
3. Place of delivery.
If any such change causes an increase or decrease in the cost of, causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Project Manager shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.
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The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. However, if the Project Manager decides that the facts justify it, the Project Manager may receive and act upon a change proposal submitted before final payment of the contract.
If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Project Manager shall have the right to prescribe the manner of the disposition of the property.
Failure to agree to any adjustment shall be a dispute under the Disputes clause.
However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.
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The City’s General Conditions set forth in RFP 24 -736 Bus Tire Leasing Services are hereby revised as set forth below and are mutually agreed by the City of Norwalk and the Goodyear Tire and Rubber Company (“Contractor”).
1.Contractor’s proposal is subject to mutual agreement of any resulting contract from this procurement.
2. Contractor’s proposal is subject to continued acceptance of Contractor’s combination of primary and self-insurance.
3. Contractor’s proposal is subject to mutual agreement of deferred items from Addendum
1. GC.5 DISPUTES
NTS is a FTA recipient and Contractor shall adhere to 9 CFR Part 18 FTA Circular 4220.1F 2 CFR 200 Appendix II (A) in regards to disputes.
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by City’s Executive Director of Regional Transportation. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to City of Norwalk’s City Council. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its possession. The decision of the City Council shall be binding upon the Contractor and the Contractor shall abide by the decision unless litigation is thereafter commenced in a court of competent jurisdiction.
Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved.
Breach of Contract - The successful bidder shall be deemed in breach of contract if the successful bidder: fails to comply with any terms of the contract; fails to cure such noncompliance within five (5) calendar days from the date of written notice from City Utilities or s uch other timeframe, greater than five (5) calendar days, specified in the notice; fails to submit a written response to the notification from City Utilities within five (5) calendar days after the date of the notice.
Force Majeure - The successful bidder shall not be in breach of the contract as long as its default was due to causes beyond reasonable control (force majeure) and occurred without any fault or negligence on the part of both the successful bidder and its subcontractors.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his
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employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.
Remedies Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the successful Proposer arising out of or relating to the Agreement or any breach thereof, will be decided by arbitration if th e parties mutually agree, or in a court of competent jurisdiction. The parties shall further agree that the proper venue for any court action shall be in the Superior Court for Los Angeles County for state court actions and the United States Distr ict Court for the Central District of California sitting in Los Angeles.
Rights and Remedies of the City The City shall have the following rights in the event that the City deems the Contractor guilty of a breach of any term under the Contract.
1. The right to take over and complete the work or any part thereof as agency for and at the expense of the Contractor, either directly or through other contractors;
2. The right to cancel this Contract as to any or all of the work yet to be performed;
3. The right to specific performance, an injunction or any other appropriate equitable remedy; and
4. The right to money damages.
Rights and Remedies The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may b e specifically agreed in writing.
Fees - All costs, expenses and attorney fees incurred by the Contractor in connection with any appeal, suit or claim regarding a dispute that is brought by the Contractor shall be paid by the Contractor.
GC.10 TERMINATION FOR CONVENIENCE
The City may terminate this contract in whole or in part, for the City’s convenience or because of the failure of the Contractor to fulfill the contract obligations. The City shall terminate by delivering to the Contractor a Notice of Termination specifyin g the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the City ‘s Contracting Officer all da ta, drawings, specifications, reports, estimates, summaries, and other information and
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materials accumulated in performing this contract, whether completed or in process.. If the termination is for the convenience of the City, the City’s Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the City may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the City. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of City.
GC.13 EXCESS REPROCUREMENT LIABILITY
If applicable, Proposer shall be liable to the City of Norwalk for all expenses incurred by the City in reprocuring elsewhere the same or similar items or services offered by the Proposer hereunder, should Proposer fail to perform or be disqualified for fa ilure to meet terms and conditions set forth herein. Such reprocurement expense obligation by Proposer shall be limited to the excess over the price specified herein for such items or services and expressly exclude incidents of force majeure.
GC.15 INDEMNIFICATION
Successful Proposer shall comply with this section and the language of this section shall be adopted in the agreement:
Contractor shall indemnify, defend and hold harmless City, and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors and assigns in accordance with the Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached hereto as Exhibit C. Contractor’s covenant under this Section and Exhibit C shall survive the expiration or termination of this Agreement.
Indemnification does not apply to the City’s active negligence or willful misconduct.
GC.16 INSURANCE
Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.
Successful Proposer shall comply with this section and the language of this section shall be adopted in the agreement:
Risk Management has approved for this contract that Commercial General Liability Insurance may be covered through self-insured retentions.
Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business
EXHIBIT E
in California, rated “A” or better in the most recent A.M. Best Insurance Rating Guide, and approved by City,:
(1) broad-form commercial general liability insurance or self-insurance coverage of One Million Dollars ($1,000,000) combined single limit and Two Million Dollars ($2,000,000) aggregate coverage against any injury, death, loss or property damage as a result of wrongful or negligent acts by Contractor, its officers, employees, and agents, in performance of work under this Agreement;
(2) Automobile liability insurance, with minimum combined single limits of One Million Dollars ($1,000,000); and
(3) workers’ compensation insurance and employer’s liability insurance with a minimum limit of One Million Dollars ($1,000,000) per accident or the amount required by law, whichever is greater.
City, its officers, employees, attorneys, and designated volunteers shall be named as additional insureds on the policy (ies) as to commercial general liability and automobile liability with respect to liabilities arising out of Contractor’s performance of services under this Agreement.
Each insurance policy required by this Section 17 shall be endorsed as follows (1) except for professional liability and workers’ compensation policies, the policies are primary and non -contributing with any insurance that may be carried by City; and ( 2) the policies may not be canceled or materially changed per policy provisions unless canceled for non -payment, in which case the insurer shall give ten (10) calendar days’ written notice to City
.
The City’ Risk Management has approved for this contract that specific contract information maybe conveyed on Certificate(s) of insurance in lieu of specific contract policy endorsements.
GC.19 FORCE MAJEURE
The successful Proposer shall not be liable for any failure to perform if acceptable evidence has been submitted to the City that failure to perform the Agreement was due to causes beyond the control and without the fault or negligence of the successful Pr oposer. Examples of such causes include acts of God, civil disturbances, fire, war, strikes and work stoppages or floods.
EXHIBIT J
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Norwalk City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business or applicant.
The Levine Act also requires a member of the Norwalk City Council who has received such a contribution to disclose the contribution on the record of the proceeding.
Current Norwalk City Council Members are listed at:
https://www.norwalk.org/city-hall/mayor-and-city-council-information-copy Proposers are responsible for accessing this link to review the names prior to answering the following questions.
1. Have you or your company, or any a gent on behalf of you or your company, made any political contributions of more than $250 to any Norwalk City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any City Council action?
___ YES If yes, please identify the Council Member(s):
___ NO
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any Norwalk City Council Member in the 12 months following any City Council action related to your proposal or application?
___ YES If yes, please identify the City Council Member(s):
___ NO
Answering yes to either of the two questions above does not preclude the City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified City Council Member(s) from participating in any a ctions related to your proposal or application.
_____________________________ ________________________________ Signature of Applicant Company/Applicant Name
____________
Date
The Goodyear Tire & Rubber Company
March 21, 2024
Walter L. Welker
Manager Business Operations
Mileage Sales, Lease & Service
ATTACHMENT NO. 2 LEVINE ACT STATEMENT
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: James C. Parker, Executive Director of Regional Transportation Theresa Clark, Transit Administration Officer
Miguel Garcia, Fleet Maintenance Manager
Janet Welde, Senior Management Analyst
SUBJECT: AGREEMENT – SUPPLY OF AUTOMOTIVE PARTS AND SUPPLIES Background:
On March 28, 2024, the City issued an Invitation for Bid (IFB) No. 24-737 for Supply and Delivery of Automotive Parts and Supplies. The purpose of the IFB is to acquire Original Equipment Manufacturer aftermarket, and remanufactured parts/supplies for City-Wide vehicles and Norwalk Transit System (NTS) fleet.
NTS received four bids, from the following: 1) Cummins, Inc., 2) Elliot Auto Supply Co. Inc. 3) H&H Auto Parts Wholesale, and 4) Parts Authority, LLC. Staff reviewed the bids and determined that H&H Auto Parts Wholesale provided the lowest and most responsive/responsible bid.
Fiscal Impact:
NTS is seeking a three year contract, plus two one-year options for parts and supplies. The cost for the first year of the contract totals $35,000 which is included in the Fiscal Year 2024/25 Transportation Department adopted budget. There is no impact to the general fund.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
City Council June 18, 2024
Agreement – H&H Auto Parts Wholesale Page No. 2
8 8
8 Recommended Action:
Staff recommends City Council approve a three year agreement, from July 1, 2024 through June 30, 2027 with H&H Auto Parts Wholesale for Automotive Parts and Supplies with an option to extend the agreement for two one-year periods for a total contract value of $175,000; and authorize the City Manager to execute the agreement, and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
Attachments:
1. Agreement
2. Campaign Contribution Form
Exhi bit A
SERVICE AGREEMENT FOR
AUTOMOTIVE PARTS AND SUPPLIES
(City of Norwalk)
THIS SERVICE AGREEMENT FOR SUPPLY AND DELIVERY OF AUTOMOTIVE PARTS AND SUPPLIES (“Agreement”) is made and entered into this 1st day of July, 2024 (the “Effective Date”) , by and between the City of Norwalk, a municipal corporation (“CITY”) and H&H Auto Parts Wholesale, a California corporation (“CONTRACTOR”).
R E C I
T A L S
A. CI
TY desires to utilize the services of an independent contractor to provide automotive parts and supplies.
B. CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. CITY desires to retain CONTRACTOR and CONTRACTOR desires to serve CITY to perform these services subject to the terms contained herein and all applicable local, state and Federal regulations.
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1. CONTRACTOR’S Services.
1.1 Scope of Work . CO
NTRACTOR shall perform the specific work
more particularly described in Exhibit s A, and in accordance with the provisions of Invitation for Bid (“IFB”) No. 24-737 and all Addenda.
1.2 IFB No. 24 -737 and Addenda . CONTRACTOR has confirmed receipt of all Addenda, amending IFB No. 24-737 and all Addenda are incorporated herein by this reference as if set forth herein in full, provided that in the event of a conflict, the terms of this Agreement, as amended by the applicable Addenda, will prevail.
1.3 Personnel. CON TRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
1.4 Party Representatives . For
purposes of this Agreement, the City
Representative shall be the City Manager or such other person designated in writing by Attachment No. 1 Agreement
E xhibit A
the City Manager (the “City Representative”). For purposes of this Agreement, the C
ontractor Representative shall be Jim Holmquist (the “Contractor Representative”).
1.5 Time of Performance. CONTRACTOR shall commence the services contemplated under this Agreement immediately upon receipt of a Purchase Order (“PO”) for such services from the City Representative.
2. Ter
m of Agreement. The term of this Agreement shall be from July 1, 2024 to June 30, 2027 (“initial term”). City may review the CONTRACTOR’s performance under the Agreement and, upon mutual agreement with CONTRACTOR, may extend the Agreement beyond the initial term for two (2) additional one (1) year periods from July 1st through June 30 th of each year thereafter, unless sooner terminated as provided in Section 13 herein.
3. C ompensation.
3.1 CONTRACTOR shall be paid a n amount not to exceed the rates in accordance with the Price Sheet, attached hereto as Exhibit C, as full compensation for services rendered. These sums include payment for all taxes, insurance and fringe benefits as well as indirect costs, overhead and profit allowance, materials and supplies.
No claims for additional services provided by CONTRACT OR will be allowed unless the additional services are authorized by the City Council and the City Representative in writing prior to the performance of the additional services or the incurrence of additional expenses. Any additional services authorized by the City Council shall be compensated at a rate mutually agreed to by the parties.
3 .2 Expenses. CITY shall only reimburse CONTRACTOR for those expenses expressly set forth in Exhibit C . Any expenses incurred by CONTRACTOR which are not expressly authorized by this Agreement will not be reimbursed by the CITY.
3.3 Additional Services. CITY may request additional services under this Agreement. All such work, however, must be authorized in writing by the City Council or the City Manager, as applicable, prior to commencement. CONTRACTOR shall perform such services, and City shall pay for such additional services in accordance with fee schedule set forth in Exhibit C, or as otherwise agreed upon by the parties in writing.
Any work incurred by CONTRACTOR which is not expressly authorized by this Agreement will not be reimbursed by CITY.
4. M
ethod of Payment .
4.1 I nvoices . Not later than the fifteenth (15 th) day of each month, CONTRACTOR shall submit to CITY invoices for each vehicle delivered to the City pursuant to this Agreement during the preceding month. Each invoice shall have Contractor’s name, address, description of the vehicle, vehicle ID number, itemized work performed and associate cost, local sales tax amount. CITY shall review such invoices and notify CONTRACTOR within ten (10) business days of any disputed amounts Exhibit A
4.2 Payment. CITY shall pay all undisputed portions of the approved invoices within thirty (30) calendar days after receipt of the invoice up to the maximum compensation amount set forth in Section 3.1. CITY shall not withhold federal payroll, state payroll and other t axes, or other similar deductions from each payment made to CONTRACTOR.
4.3 A
udit of Records. Upon CITY providing 24- hour prior notice, CONTRACTOR shall make all records, invoices, time cards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available to CITY for review and audit by the CITY. CITY may conduct such review and audit at any time during CONTRACTOR’S regular working hours.
5. Standard of Performance . CONTRACTOR shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to CITY.
6. Ownership of Work Product . All reports, documents or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of any such materials on any project other than the project for which they were prepared shall be at CITY’s sole risk, unless CITY compensates CONTRACTOR for such reuse.
7. Status as Independent Contractor . CONTRACTOR is, and shall at all times remain as to CITY, a wholly independent CONTRACTOR. CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of CITY. Neither CITY nor any of its agents shall have control over the cond uct of CONTRACTOR or any of CONTRACTOR’S employees, except as set forth in this Agreement. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of CITY, provided, however, that nothing contained in this provision shall be construed or interpreted so as to deprive CONTRACTOR of any and all defenses or immunities available to public officials acting in their official capacities. CONTRACTOR shall pay all required taxes on amounts paid to CONTRACTOR under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent CONTRACTOR relationship created by this Agreement.
CONTRACTOR shall fully comply with the workers’ compensation law regarding CONTRACTOR and CONTRACTOR’S employees. CONTRACTOR shall indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY may offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’S failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
Exhibit A
7.1 In the event that CONTRACTOR, or its employee, agent, or subcontractor providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold CITY harmless for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
7.2 The Parties further acknowledge the following: (i) that CONTRACTOR shall provide the Services outlined in the Scope of Services directly to CITY; (ii) CONTRACTOR maintains a business location at the address listed under Section 13 that is separate and distinct from the CITY; (iii) CONTRACTOR contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the CITY; (iv) CONTRACTOR advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, CONTRACTOR provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) CONTRACTOR has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the CITY’s business hours and CITY staff availability, CONTRACTOR may set its own hours and location of work.
8. Confidentiality. CONTRACTOR shall keep all data, documents, discussion, or other information (collectively “data”) developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the data to any person or entity without prior written authorization by CITY. CITY shall grant such authorization if disclosure is required by law. All CITY data shall be returned to CITY upon the termination of this Agreement.
CONTRACTOR’S covenant unde r this Section 8 shall survive the termination of this Agreement.
9. Conflict of Interest. CONTRACTOR and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to CONTRACTOR’S services under this agreement, including, but not limited to, the Political Reform Act ( Cal. Gov. Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, CONTRACTOR may perform similar services for other clients, but CONTRACTOR and its officers, employees, associates and subcontractors shall not, without the prior written approval of the CITY R epresentative, perform work for another person or entity for whom CONTRACTOR is not currently performing work that would require CONTRACTOR or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
10. Indemnification. CONTRACTOR shall indemnify, defend and hold harmless CITY, and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors and assigns in accordance with the Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached Exhibit A
hereto as Exhibit D. CONTRACTOR’s covenant under this Section 10 and Exhibit D shall survive the expiration or termination of this Agreement.
11. Insurance.
11.1. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best Insurance Rating Guide, and approved by CITY, a policy or policies of:
(1) Broad-form commercial general liability insurance with minimum combined single limits of One Million Dollars ($1,000,000);
(2) Automobile liability insurance, with minimum combined single limits of One Million Dollars ($1,000,000); and
(3) Workers’ compensation insurance with a minimum limit of One Million Dollars ($1,000,000) or the amount required by law, whichever is greater.
CITY, its officers, employees, attorneys, and designated volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automobile liability with respect to liabilities arising out of CONTRACTOR’s performance of services under this Agreement.
11.2 Each insurance policy required by this Section 11 shall be endorsed as follows: (1) the insurer waives the right of subrogation against CITY and its officials, officers, employees, agents and representatives; (2) except for the workers’ compensation policy, the policies are primary and non- contributing with any insurance that may be carried by CITY ; and (3) the policies may not be canceled or materially changed except after thirty (30) calendar days’ prior written notice by insurer to CITY , unless canceled for non-payment, then ten (10) calendar days’ notice shall be given.
11.3 All insurance coverages shall be confirmed by execution of endorsements required under Section 11.2. CONTRACTOR shall file the endorsements with CITY on or before the date of commencement of services pursuant to this Agreement, and thereafter maintain current endorsements on file with CITY. The endorsements are subject to CITY’s approval. CONTRACTOR shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11.
12. Cooperation. In the event any claim or action is brought against CITY relating to CONTRACTOR’s performance of services rendered under this Agreement, CONTRACTOR shall render any reasonable assistance and cooperation that CITY requires.
13. Termination. Either party may terminate this Agreement for any reason without penalty or obligation on thirty (30) calendar days’ written notice to the other party.
CONTRACTOR shall be paid for services satisfactorily rendered to the last working day Exhibit A
the Agreement is in effect, and CONTRACTOR shall deliver all materials, reports, documents, notes, or other written materials compiled through the last working day the Agreement is in effect. Neither party shall have any other claim against the other party by reason of such termination.
14. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be given by first class U.S. mail or by personal service. Notices shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours or by facsimile before or during CONTRACTOR’s regular business hours; or (b) on the third (3 rd) business day following
deposit in the United States mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section.
All notices shall be delivered to the parties at the following addresses:
If to CITY: City of Norwalk
Attn: City Clerk
12700 Norwalk Boulevard
PO Box 1030
Norwalk, CA 90651-1030
Fax: (562) 929-5773
With a copy to: City of Norwalk
Attn: James C. Parker, Executive Director of Regional
Transportation
12700 Norwalk Boulevard
PO Box 1030
Norwalk, CA 90651-1030
Fax: (562) 929-5572
If to CONTRACTOR: H&H Auto Parts Wholesale
Attn: Jim Holmqusit, President
12860 Muscatine Street
Arleta, CA 91331
Email: [email protected]
15. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. CONTRACTOR w ill take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Exhibit A
16. Non-Assignability; Subcontracting. CONTRACTOR shall not assign or subcontract all or any portion of this Agreement, unless prior approved by CITY. Any attempted or purported assignment or subcontract in violation of this Section by CONTRACTOR shall be null, void and of no effect.
17. Compliance with Laws. CONTRACTOR shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in the performance of this Agreement.
17.1 COVID-19. CONTRACTOR shall adhere to all COVID -19 related protocols established by the Los Angeles County Department of Public Health (“County Health Department”) and/or the State of California. CONTRACTOR is responsible for providing their own Personal Protective Equipment, if applicable, in accordance with the County Health Department guidelines.
18. No Third Party Beneficiaries Intended . Unless otherwise expressly provided for in Exhibit A, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by CITY of any payment to CONTRACTOR constitute or be construed as a waiver by CITY of any breach of covenant, or any default which may then exist on the part of CONTRACTOR, and the making of any such payment by CITY shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default.
21. Attorneys’ Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorneys’ fees.
22. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
23. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Norwalk.
Exhibit A
24. Entire Agreement . This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between CONTRACTOR and CITY. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.
25. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid, or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
[SIGNATURE PAGE FOLLOWS]
Exhibit A
The parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
CITY OF NORWALK
By:
Jesus M. Gomez
City Manager
Date:____________________________
ATTEST:
By:
Theresa Devoy, CMC
City Clerk
APPROVED AS TO FORM:
By: _____________________________
Arnold M. Alvarez-Glasman
City Attorney
CONTRACTOR
By:
By:
(Please note, two signatures required
for corporations under California
Corporations Code Section 313,
unless corporate documents
authorize only one person to sign
this Agreement on behalf of the
corporation.)
Exhibit A
SCOPE OF SERVICES
7. Objective. CONTRACTOR shall supply and deliver to the CITY Original Equipment Manufacturer (OEM), aftermarket, and remanufactured parts and/or supplies as required with no minimum or maximum order quantity requirement.
All products offered shall be new, of the highest quality or grades available to meet the CITY’s needs.
1.1 Automotive Parts and Supplies. CONTRACTOR shall provide the CITY with the broadest possible selections of the following products and/or services (but not limited to):
i. Accessories – Interior & Exterior
ii. Air Conditioning
iii. Battery & Accessories
iv. Belts & Hoses
v. Body & Trim
vi. Brakes
vii. Charging & Starting
viii. Cooling & Heating
ix. Engine Parts & Mounts
x. Exhaust
xi. Filters & PVC Valves
xii. Fuel & Emissions Hardware & Fasteners
xiii. Ignition & Tune-up
xiv. Lighting & Electrical
xv. Oil, Fluids & Chemicals
xvi. Performance
xvii. Suspension & Steering
xviii. Tire & Wheel
xix. Tools & Shop Equipment
xx. Transmission & Transaxle
xxi. Waxes & Washers
xxii. Wiper Blades
1.1.1 Alternatives Offered. In the event that the CONTRACTOR is unable to fulfill the OEM part or supply request by CITY, the CONTRACTOR shall offer the CITY an equivalent aftermarket or remanufactured part or supply.
2. General Requirements
2.1 CONTRACTOR must have a minimum of five (5) years of experience in supplying and delivering automotive parts and supplies to a municipality and/or other government agency.
Exhibit A
2.2 CONTRACTOR must be an authorized distributor for each manufacturer of product lines offered to the CITY.
3. CONTRACTOR Personnel . CONTRACTOR shall ensure all personnel possesses qualifications and/or experience required in performing the services herein and shall be secured at the expense of the CONTRACTOR. CONTRACTOR’s personnel shall not be employees of or have any contractual relationship with the CITY.
CONTRACTOR’s personnel shall always conduct themselves in a professional manner to all CITY employees. Unprofessional behavior by the CONTRACTOR’s personnel will not be tolerated and the offense can be justification for termination of contract. All sub- contractors of CONTRACTOR shall abide by all the requirements set forth in this section.
4. CONTRACTOR’s Delivery Personnel . Delivery personnel shall have a satisfactory driving record and possess a valid California Department of Motor Vehicle (DMV) California Driver’s License for the designated class of vehicle. Delivery personnel shall be in a uniform which identifies the CONTRACTOR’s company name or possess an easily identifiable name badge possessing the CONTRACTOR’s company name located in the front of their person.
5. CONTRACTOR Account Representative . The CITY requires a designated “Account Representative” to service as point of contact and be responsible for managing the relationship between the CITY and the CONTRACTOR. An account representative shall be assigned to the CITY and account representative shall be available for contractual related discussions between Monday through Friday from 8:00 a.m. through 5:00 p.m. via telephone and/or email. CITY may require the account representative to be in attendance at the CITY delivery address for ad hoc meetings.
6. CONTRACTOR’s Store . Preferably, the CONTRACTOR’s place of business should be located within a twenty-five (25) mile radius from the delivery address, to ensure deliveries are made at least once per day. A separate commercial counter designated for commercial purchases, not for retail purchases, is also preferable but not required.
6.1 Hours of Operation. The CITY’s Vehicle Maintenance Division operates seven (7) days a week, morning, and evening shift. At a minimum, CONTRACTOR’s place of business shall be open Monday through Friday between the hours of 8:00 a.m. through 5:00 p.m. CONTRACTOR shall not deliver on business closed days , after business hours, and CONTRACTOR’s observed holidays.
7. Order Fulfillment Process . CONTRACTOR shall accept orders from the CITY through the following methods: (a) Telephone, (b) email, (c) facsimile, and (d) CONTRACTOR’s on-line ordering process.
7.1 CONTRACTOR shall not fulfill any order request without a CITY issued Purchase Order number and associated CITY employee name. The below are authorized Exhibit A
to make purchases on behalf of the CITY. Exact names will be supplied to CONTRACTOR:
i. Storekeeper
ii. Fleet Maintenance Supervisor
iii. Lead Mechanic
7.2 CITY shall notify CONTRACTOR if the requested product is to be picked up by CITY, if will-call service is available, or delivered by CONTRACTOR.
7.3 CONTRACTOR shall notify CITY on the status of the part and/or supplies to ensure that the part and/or supplies can be delivered by the CONTRACTOR within the CITY’s Lead Time requirements. Should CONTRACTOR be unable to adhere to the CITY’s Lead Time requirements, the CONTRACTOR shall advise the CITY and present a revised delivery date. CITY shall notify CONTRACTOR with approval or disapproval of revised delivery date. CITY retains its discretion to order part and/or supply from a different CONTRACTOR if CONTRACTOR cannot adhere to the CITY’s Lead Time.
Should CITY approve the revised delivery date, the CONTRACTOR shall document the name of the CITY employee that authorized the proposed delivery date.
8. Delivery Fulfillment Process.
8.1 Lead Time.
8.1.1 In-Stock Products. CONTRACTOR shall deliver to CITY requested part and/or supplies to the CITY’s delivery address the same day the order request is generated if order is made before the CONTRACTOR’s delivery cut off time.
8.1.2 Out-of-Stock Products . CONTRACTOR shall deliver out of stock parts and/or supplies within seven (7) business days of when the order request is generated.
a. When available, CONTRACTOR shall offer a substitute item that meets or exceeds OEM specifications.
b. CITY retains the right to request the CONTRACTOR continue with the order and place the request in a “back order” queue or cancel the request for the part and/or supplies in its entirety.
8.1.3 Vendor Direct Part (VDP). Automotive parts and/or supplies only available by Vendor/Manufacturer shall be delivered to the CITY within five (5) to ten (10) business days from order generation. CITY shall specify the type of delivery service that is required (i.e. Next Day, 2
nd Day, etc.). CONTRACTOR shall invoice the CITY for
shipping.
8.2 Delivery Ticket (or equivalent).
Exhibit A
8.2.1 CONTRACTOR shall provide a delivery ticket, packing slip, bill of lading and/or invoice, with every delivery to CITY.
8.2.2 CITY employee shall sign CONTRACTOR’s delivery ticket, packing slip, bill of lading and/ or invoice, for all CONTRACTOR deliveries. CITY shall have the right to forfeit payment for a CONTRACTOR’s delivered part and/or supplies in the event the delivery receipt, or equivalent, does not possess a CITY employee’s signature.
8.3 Condition of Delivery. CONTRACTOR shall be responsible for the delivery of parts and/or supplies to the CITY in first class condition and in accordance with good commercial practices.
8.4 Material and Safety Data Sheets (MSDS) . CONTRACTOR shall provide the CITY applicable Material and Safety Data Sheets (MSDS) for all parts and/or supplies ordered by the CITY as defined by the California Code of Regulations, Title 8, and Section 339.
9. Delivery Days and Hours.
CONTRACTOR shall deliver requested parts and/or supplies Monday through Friday between the hours of 8:30 a.m. through 5: 00 p.m., or within CONTRACTOR’s delivery hours. If CONTRACTOR offers Saturday delivery service, deliveries shall be made between 8:00 a.m. and 2:00 p.m . CONTRACTOR shall not deliver on Sunday, after business hours, and CONTRACTOR’s observed holidays.
10. Non Delivery Fulfillment Process (Will-Call) if Applicable
10.1 CONTRACTOR shall have the CITY’s requested order ready for CITY pick up at the CONTRACTOR’s store by sixty (60) minutes from order request generation if will-call pick up is available..
10.2 CTY employee picking up part and/or supplies shall present to the CONTRACTOR’s store a CITY issued employee identification badge as proof of employment.
10.3 CITY employee picking up part and/or supplies shall verbally provide a CITY Purchase Order number as form of payment.
10.4 CONTRACTOR’s store shall provide CITY employee with a proof of purchase documentation.
11. Return of Part and/or Supply.
11.1 Notification of Return. CITY shall contact the CONTRACTOR in writing within seven (7) business days (Monday through Friday) from CITY’s receipt of the part Exhibit A
and/or supplies and provide notification on the intent to return to the CONTRACTOR a part and/or supplies.
11.2 Acceptance of Return. CONTRACTOR shall accept the return of all unused parts and/or supplies unless otherwise noted to the CITY by the CONTRACTOR prior to the order origination.
11.2.1 CONTRACTOR shall not charge a return or re- stocking fee of any kind for the return of rejected automotive part(s) and/or supplies for the following situations:
a. Item(s) returned that were damaged upon receipt.
b. Incorrect item(s) delivered.
c. Item(s) that are returned but exchanged for other items.
11.2.2 CONTRACTOR shall make known through its return policy and in the price sheet below (Exhibit C) when submitting the bid packet of any pick -up fees of any kind for returned or rejected automotive part(s) and/or supplies.
11.3 Non-Acceptance of Return. The CITY will accept CONTRACTOR’s return policy concerning non-acceptance of returned parts if the conditions do not conflict with the provisions outlined in this section.
11.3.1 CONTRACTOR shall respond in writing to CITY regarding dispute and/or reject delivery of automotive part(s) and/or supplies within seven (7) business (Monday through Friday) days.
11.4 Credit Policy of Return. CONTRACTOR shall credit the CITY’s account for the full purchased value of the returned part and/or supply. CONTRACTOR will be responsible for the credit and/or replacement of all products, including those covered by manufacturer warranties. CONTRACTOR shall provide credit for the following items:
a. Items ordered or shipped in error
b. Defective or freight-damaged items
11.5 Core Exchange and Charges. All part s supplied which require core exchange shall be monitored concurrently by the CITY and CONTRACTOR to ensure proper cores are returned to CONTRACTOR and core credit is issued promptly to the CITY. Core credit is to be issued the same day as received by CONTRACTOR. Any core that is not usable or not returned shall be billed at the core price listed in the manufacturer’s price sheet for that part.
Exhibit A
12. Product Recalls. CONTRACTOR shall comply with all federal, state, and local regulations, statutes, and laws as they apply to product recalls.
12.1 CONTRACTOR shall notify the CITY of all product recalls and/or product defect advisories from manufacturers and/or regulatory agencies via telephone and in writing within twenty-four (24) hours of receipt of notification by CONTRACTOR.
12.2 CONTRACTOR shall include in its notification a complete product description and/or identification, invoice number, and disposition instructions.
12.3 All parts and/or supplies that are returned to the CONTRACTOR because of the manufacturer and/or regulatory agency recall notice shall be picked up by the CONTRACTOR from the CITY and the CITY shall receive the contract value of the part(s) and/or supplies from the CONTRACTOR. Returned parts and/or supply shall be credited to the CITY’s account.
12.4 CONTRACTOR shall offer to the CITY an equivalent product upon CITY’s request.
12.4.1 If the equivalent product cost is less than the recalled product, CONTRACTOR shall invoice the CITY the lower cost.
12.4.2 If the equivalent product cost is greater than the recalled product, CONTRACTOR shall invoice the CITY the contracted product cost.
12.5 CONTRACTOR shall not charge the CITY a pick-up fee or associated fees for returned automotive part(s) and/or supplies due to product recalls and/or product defect advisories.
13. Warranty. All aftermarket and OEM parts and/or supplies supplied shall include manufacturer's minimum standard warranty.
13.1 CONTRACTOR shall honor all manufacturer’s warranties and guarantees on all products offered as part of this Agreement.
13.2 All products provided under this Agreement being identified as new and unused must be the latest model or design of recent manufacturer.
13.3 All remanufactured or rebuilt products must be warranted to be free of defective parts and workmanship, provided they are properly i nstalled on the vehicle for which they were intended for.
14. Transition and Implementation Plan. Recognizing that there may be changes in some products and procedures being implemented from what is presently being Exhibit A
purchased or used by the CITY, the CITY and the CONTRACTOR will be responsible for developing a timely and orderly transition to the servicing of the Agreement upon acceptance signing. The CONTRACTOR shall determine product requirements, service level requirements, and ordering process.
Exhibit B
MAP OF PROPERTY
FUEL
ISLAND
OIL ROOM
EQUIPMENT
MAINTENANCE
GARAGE
LUBE
ROOM
DELIVERY
ENTRANCE
Exhibit C
Insert Price Sheet- Exhibit C
Exhibit D
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description: _IFB No. 24-737 Supply and Delivery of Automotive Parts and Supplies for Norwalk Transit System (NTS).
Indemnitor(s): _______H&H Auto Parts Wholesale__________________________________________ (list all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Norwalk and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above- referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Indemnification and Hold Harmless Agreement.
Indemnitor(s), on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arisin g out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent non- active negligence by the Indemnitees. Such claims, losses and liabilities include, but are not limited to, contraction of the COVID - 19 virus and physical and/or emotional injuries and/or death caused by contraction of the COVID -19 virus.
To the fullest extent permitted by law, this waiver is intended to be a complete release of Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Print Name: Print Name: ___________________________
Signature:_____________________________ Signature:_____________________________
Title: Title:_________________________________
Date: __ Date: ____
EXHIBIT K
Califo
rnia Levine Act Statement
Califor
nia Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Norwalk City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business or applicant.
The Levine Act also requires a member of the Norwalk City Council who has received such a contribution to disclose the contribution on the record of the proceeding.
Current Norwalk City Council Members are listed at:
https://www.norwalk.org/city-hall/mayor-and-city-council-information-copy Proposers are responsible for accessing this link to review the names prior to answering the following questions.
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions
of more than $250 to any Norwalk City Council Member in the 12 months preceding the date of the submission of your pr oposal or application, or the anticipated date of a
ny City Council action?
___ YES
If yes, please identify the Council Member(s):
_x_ NO
2. Do you or y
our company, or any agency on behalf of you or your c ompany, anticipate or plan to make any pol
itical contribution of more than $250 to any Norwalk City Council Member in the 12 months following any City Council action related to your proposal or application?
___ YES
If yes, please identify the City Council Member(s):
_x_ NO
Answering y
es t
o either of the two questions above does not preclude the City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified City Council Member(s) from participating in any actions related to y
our proposal or application.
_H&H Auto Parts Wholesale_________
_ Company/Applicant
Name
_____________________________
S
ignature of Applicant
_4/15/2024____
Date
Attachment No. 2 Campaign Contribution Form
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Gabriela Regalado, Director of Social Services
SUBJECT: AGREEMENT AMENDMENT NO. 1 - TEMPORARY SERVICES TO ASSIST THE
CHILD CARE DIVISION
Background:
On November 1, 2023, a one-year agreement was executed with Robert Half to provide accounting services for the Social Services Child Care division. The agreement was executed under the sole source exemption, Subsection B, and a temporary accounting clerk has been assisting the department in processing state and county payments. Since the approval of the agreement, some City positions have become vacant, increasing the need for temporary accounting services. As a result, the department is proposing to amend its agreement amount by $77,000 to cover the additional cost of accounting services.
Fiscal Impact:
Restricted grant funds will cover the cost of the accounting services, no fiscal impact to general funds.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
City Council June 18, 2024
Agreement Amendment No. 1 – Robert Half Page No. 2
8 8
9 Recommended Action:
Staff recommends City Council approve Amendment No. 1 in the amount of $77,000 to the Robert Half Customer Agreement through November 1, 2024; and authorize the City Manager to execute the amendment on behalf of the city, in a form approved by the City Attorney.
Attachments:
Campaign Contribution Form
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Jana Stuard, Director of Finance/City Treasurer
Devon Jimenez, Controller/Deputy City Treasurer
Jennifer Hernandez, Senior Management Analyst
SUBJECT: RESOLUTION NO. 24-28 - ADOPTING PURCHASING POLICY FOR FISCAL YEAR 2024/25
Background:
Annually, the City is required to update its Purchasing Policy in accordance with the Norwalk Municipal Code (NMC) Chapter 3.16.
In order to provide effective administration of the purchasing ordinance (NMC Chapter 3.16), the Purchasing Policy is updated on an annual basis. This update may include competitive bidding, purchasing practices, related administrative authority, etc. One such change to be considered each year is a change in the Purchase Authority authorization limit – the limit for which purchases may be approved of by the Purchasing Authority (City Manager) without City Council approval, as long as there is available funding in the Adopted Budget. In accordance with Section 3.16.060 of the NMC, the Purchasing Authority authorization limit is to be “automatically adjusted on July 1, 2021 and each July 1st annually thereafter based upon the percentage change in the Consumer Price Index (“CPI”) for the Los Angeles-Anaheim-Riverside area as published by the U.S. Department of Labor from March of the prior year to March of the current year.” The attached Purchasing Policy, Exhibit A to Resolution No. 24-28, reflects the annual update to the Purchasing Policy for Fiscal Year (FY) 2024/25, effective July 1, 2024.
The Purchasing Policy for FY 2024/25 has the following changes:
•Authorization Limits
oPurchasing Authority (City Manager) authorization limit is established at $39,400. This represents an increase of 3.9% from the FY 2024 level of $37,900 and is based on
City Council June 18, 2024
Purchasing Policy FY 25 Page No. 2
8 6
4 the increase from the March 2023 to March 2024 Consumer Price Index (CPI) for the Los Angeles-Long Beach-Anaheim area, as required by NMC Section 3.16.060. oCity expenditures of $8,700 or less, in any one transaction, will not require a purchase order. This represents a 3.6% increase from the prior level of $8,400, based on the increase in CPI and rounded to the nearest hundred.
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal 3: Partner with our stakeholders to create and sustain a resilient and economically prosperous City with opportunity for everyone.
Recommended Action:
Staff recommends City Council adopt Resolution No. 24-28, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK ADOPTING THE PURCHASING POLICY FOR FISCAL YEAR 2024/25.
Attachments:
1. Resolution No. 24-28
2. Purchasing Policy
Attachment No. 1
RESOLUTION NO. 24-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK ADOPTING THE PURCHASING POLICY FOR FISCAL YEAR 2024/25
WHEREAS, Government Code sections 54201 et seq. govern purchasing by local government bodies requiring that every local agency adopt policies and procedures to govern their purchases of supplies, equipment, and services; and WHEREAS, the City Council adopted the current Purchasing Policy by Resolution No. 23-29 on June 6, 2023; and
WHEREAS, the Chapter 3.16 of the Norwalk Municipal Code (NMC) permits periodic revision of Purchasing Policy; and
WHEREAS, the attached Exhibit A is the Purchasing Policy for Fiscal Year 2024/25, effective July 1, 2024; and
WHEREAS, the Purchasing Policy for Fiscal Year 2024/25 establishes, among other things, the Purchasing Authority Limit, which rises annually based on the Consumer Price Index; and
WHEREAS, the City Council now desires to institute the attached Purchasing Policy, including setting the adjusted Purchase Authority Limit for Fiscal Year 2024/25.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK
HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1.The City Council of the City of Norwalk does hereby approve the attached Purchasing Policy, which is incorporated by this reference as though set forth in full, as the policy which shall supersede prior policies and shall govern the City of Norwalk’s purchasing functions pursuant to Chapter 3.16, “Purchasing System,” of Title 3, “Revenue and Finance,” of the Norwalk Municipal Code.
Section 2. The Mayor, or presiding officer, is hereby authorized to affix her signature on this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest hereto.
APPROVED AND ADOPTED on this 18th day of June 2024.
_____
MARGARITA L. RIOS
MAYOR
ATTEST:
____________________________
THERESA DEVOY, CMC
CITY CLERK
1 CITY OF NORWALK
Purchasing Policy Summary
FY 2024-2025
$39,400 Purchasing Authority Authorization Limit NMC 3.16.06
Purchase Type:
Supplies, materials and equipment, and
nonprofessional services
NMC 3.16
Amount Bidding PO On Site Services*
$8,700 and
Under
No Specific requirements;
Competitive bidding to be used whenever practical
Purchase Order(PO) issued upon request
NO
• Fully executed Terms and
Conditions or Agreement
• Insurance documentation on
file
$8,701 to
$39,400
Informal Bid
Department solicits at least 3 bids;
Bid award by Finance via purchases order
YES
• Fully executed Terms and
Conditions or Agreement
• Insurance documentation on
file
$39,401 and
Over
Formal Bid or RFP documents Advertising for
sealed bids or proposals City Council approves
contract
YES
• Agreement – Approved by
City Council
• Insurance documentation on
file
*On-site Service – any vendor that comes on City property to provide service Exhibit A
2 Purchase Type: Professional Service NMC 3.21
Amount Bidding PO Agreement required
$8,700 and
Under
No Specific requirements;
Competitive bidding to be used whenever practical.
Purchase Order issue upon request NO
• Professional Services
Agreement
• Insurance documentation on
file
$8,701 to
$39,400
Informal Bid
Department solicits at least 3 bids;
YES
• Professional Services
A
greement
• Insurance documentation on
file
$39,401 and
Over
Formal Bid or RFP documents
Advertising for sealed bids or proposals YES
• Professional Services
Agreement – Approved
by City Council
• Insurance documentation on
file
Purchase Type: Public Project NMC 3.17
Amount Bidding PO Agreement required
$60,000 and
Under
No Specific requirements - Level 1 project Section
22032 of the Public Contract Code Competitive bidding
to be used whenever practical. YES
• Agreement – Approved by
City Council
• Insurance documentation on
file
$60,001 to
$200,000
Informal Bid - Level 2 project
Section 22032 of the Public Contract Code
Department solicits at least 3 bids;
May be verbal with a written quote – no bid may be
verbal only
YES
• Agreement – Approved by
City Council
• Insurance documentation on
file
$200,001 and
Over
Formal Bid - Level 3 project
Section 22032 of the Public Contract Code
Newspaper advertising for sealed bids or proposals
City Council approves contract
YES
• Agreement – Approved by
City Council
• Insurance documentation on
file
3 CITY OF NORWALK POLICY STATEMENT
Number: 24-28
Subject: Purchasing Policy
Adopted Date: June 18, 2024
Effective Date: July 1, 2024
BACKGROUND
The main theme of the Manual reflects the philosophy of the Finance Department to obtain supplies, equipment, and services as required by all Departments in a timely manner, at the best possible price, and within the boundaries as set forth by City policy.
PURPOSE
To establish City policies and procedures regarding the purchasing ordinance of the City of Norwalk (NMC Chapter 3.16) — this includes competitive bidding, purchasing practices, and related administrative authority. The purpose of this policy is to provide for the effective administration of the purchasing ordinance. This system has been developed in order to achieve the following objectives:
1. Secure goods and services at the lowest cost possible commensurate with quality requirements.
2. Establish authority, responsibility and accountability for purchasing activities conducted on behalf of the City.
3. Ensure competition and impartiality in all purchasing transactions to the maximum extent possible.
4. Standardize procedures where appropriate to ensure that organization- wide policies and goals are achieved.
5. Maintain Department responsibility, initiative and flexibility in evaluating, selecting and purchasing goods and services.
6. Implement simple yet effective internal control procedures that appropriately support planning, maximize productive use of public funds and protect City assets from unauthorized use.
7. Communicate organization- wide purchasing goals, policies and procedures to Departmental staff involved in purchasing activities.
Application of Purchasing Policy
The purchasing policy and procedures applies to the purchase of all goods (supplies, materials and equipment, and nonprofessional (NMC Chapter 3.16), professional services (NMC Chapter 3.21) and public projects (NMC Chapter 3.17). 4 Definitions
The following words and terms shall be defined as follows unless the context indicates that a different meaning is intended:
“Annual Recovered Organic Waste Product Procurement Target” means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the City is required to procure annually under 14 CCR Section 18993.1.
“Bidders list” means a current file of sources of supply of articles for each category of commodities repetitively purchased for City use.
“City” means the City of Norwalk.
“City Council” means the City Council of the City of Norwalk.
“Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4).
Compost eligible for meeting the Annual R ecovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.
“Direct Service Provider” means a person, company, agency, district, or other entity that provides a service or services to Jurisdiction pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
“Department” means any of the departments, offices, or other organizational units of the City.
“Electricity Procured from Biomass Conversion” means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and prunings from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the Jurisdiction’s Annual Recovered Organic Waste Product Procurement Target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in 14 CCR Section 18993.1(i).
“Local bidder” means a firm or individual who regularly maintains a place of business and transacts business in, maintains an inventory of merchandise for sale in, is licensed by, or pays business taxes to the City.
“Local Vendor Preference is 5% - In the tabulation of bids by the City to ascertain the lowest responsible bidder, the Purchasing Authority, as to each local vendor, tabulate that local vendors' bid as if it were 5% below the figure actually set forth in the bid. (NMC 5 3.20.030)
“Maintenance work” means the same as this term is defined in Public Contract Code Section 22002(d), and includes all of the following:
1. Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;
2. Minor repainting;
3. Resurfacing of streets and highways at less than one inch;
4. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems;
5. Work performed to keep, operate and maintain publicly owned water, power or waste disposal systems, including, but not limited to, dams, reservoirs, power plants and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher.”
“Non-responsible bidder” means a bidder or prospective bidder who fails to furnish, upon written request, proof of its responsibility; who has, as a vendor or contractor with the City, made slow or unsatisfactory deliveries or otherwise performed unsatisfactori ly; or who has violated or attempted to violate, any provisions of this chapter.
“Nonprofessional Service” means any and all services, but not constituting professional services or Public Projects, but including maintenance work.
“Online Bidding Platform” means the City’s contracted online bid management software.
“Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing And Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
“Professional Services” means services, other than services constituting Public Projects, performed by specially trained persons or firms in a professional occupation, including, but not limited to, services in connection with financial, economic, accounti ng, auditing, architectural, engineering, planning, legal, administrative or other matters involving advanced or specialized knowledge, expertise or training gained by formal studies.
“Public Project” means the same as this term is defined in Public Contract Code Section 22002, and as may be amended from time to time.
“Purchasing Authority” means the Purchasing Authority or any individual designated in a written policy adopted by the City Council to carry any duty set forth in this Ordinance and filed with the City Clerk and Department of Finance.
6 “Purchasing Authority Authorization Limit” the amount determined in accordance with Section 3.16.060 – set at $39,400 in fiscal year 2024-25.
“Recovered Organic Waste Products” means products made from California, landfill- diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.
“Responsive bid” means an offer, submitted in ink or typewritten form, to furnish supplies, materials and equipment, or services, and complying with the specifications, delivery terms and conditions, and other requirements included in the invitation for bids.
“Responsive and Responsible Bidder” means a bidder who submits a responsive bid; who has furnished, upon written request, information and data to prove that its financial resources, production facilities, service reputation and experience are adequate to make satisfactory delivery of the supplies, materials or equipment on which it bids; and who has not violated, or attempted to violate, any provisions of this chapter.
“SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):
1. Produced at one of the following facilities:
a. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10); Guidance: Note that SB 1383 Eligible Mulch excludes mulch from chipping and grinding operations. b. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,
c. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
“Services” means any and all services, including utility services, which shall be furnished to or used by any Department and the rental or lease of equipment and machinery furnished to or used by any Department.
“Supplies, materials and equipment” means any and all articles or items which shall be furnished to or used by any Department. Supplies, materials and equipment shall not include services.
“CUPCCAA” means the California Uniform Public Construction Cost Accounting Act, as set forth in Public Contract Code section 22000 et seq.
7 Purchasing Authority designated - Powers and duties (NMC 3.16.050)
The City's purchasing ordinance delegates purchasing authority to the City Manager.
The Purchasing Authority may delegate all or a portion of the contracting or purchasing duties to any City staff member. The Purchasing Authority’s functions shall include the following powers and duties:
A. Negotiate, purchase, and contract for supplies, materials and equipment, and Services required by City Departments, within the authorization limits of 3.16.060, pursuant to the procedures provided in chapter 3.16;
B. Endeavor to obtain as full and open competition as possible on all purchases;
C. Supervise the inspection of all supplies, services, and equipment purchased to ensure conformance with specifications;
D. Develop, prescribe and maintain, such administrative policies, forms and files as may be reasonably necessary for the efficient purchases on behalf of the City;
E. Prepare procedural regulations governing the purchase of supplies, materials and equipment, and services, in accordance with the requirements prescribed in this chapter;
F. Facilitate the transfer of surplus or unused supplies and equipment among Departments as needed;
G. Recommend the sale or disposal of all supplies and equipment which cannot be used by the City, or which have become unsuitable for City use;
H. Maintain a bidders’ list, vendors catalog file and records needed for the efficient operation of the purchasing Department
Delegation of Responsibility
The Purchasing Authority for Supplies, materials, equipment, non-professional and professional services is hereby designated as the City City Controller.
The Purchasing Authority for Public Works projects is hereby designated as the City Engineer.
1. The City Controller further delegates to each of the ordering Department heads the authority to purchase goods or contract for services, up to $8,700, excluding technology, computer related items including software, provided that said contracts and purchases conform to the City's Municipal Code and administrative policy. (NMC
3.16.140)
8 General Responsibility
The City utilizes a purchasing system under which each Department is responsible for coordinating the purchase of its own goods and Services with the Finance Department. (NMC 3.16.140)
1. The Finance Department has the responsibility to:
a. Ensure that all Departments comply with the Purchasing Ordinance and this Purchasing Policy;
b. Prepare and/or review, request for quotation and Informal bids upon request of City Departments (purchases under Purchasing Authority Authorization Limit);
c. Distribute all formal bids (including supplies, materials, equipment, non- professional and professional services and public works projects);
d. Prepare formal bids upon request of City Department for supplies, materials, equipment, non-professional and professional services;
e. Maintain a viable Bidders’ list for use in the bidding process and to perform all other duties and responsibilities related to the purchasing ordinance and administrative policy.
2. Engineering will prepare all bids for public works projects. All contracts will be signed by the City Manager; contract amounts over the Purchasing Authority Authorization Limit of
$39,400 must be approved by the City Council.
Departmental responsibility - It is the responsibility of each Department to:
1. Procure the needed goods and services at the least expense, while meeting minimum quality standards, in accordance with the purchasing ordinance and administrative policy;
2. Submit to the Purchasing Authority, City Controller, requisitions for the supplies, materials and equipment, and nonprofessional services as required for their operations that are within the limits of funds appropriated in the approved budget;
a. The Purchasing Authority, City Controller , after reviewing any such requisition, may question its propriety and may require from the head of the requesting Department a justification of the quantity or quality requisitioned;
3. Obtain approval for all technology, computer related item, including software from the IT Manager, prior to submission of request form to Finance for purchase of item. Departments may not purchase technology, or computer related item s, including software without prior approval;
4. Supervise the inspection of all goods and services purchases to conform to specifications. (NMC 3.16.080);
5. Maintain viable Bidders’ lists; solicit vendors in order to purchase or contract for 9 goods and services;
6. Inform the Finance Department of all formal bids, including public works projects; upon informing the Finance Department of a formal bid, the Finance Department shall issue a bid number for the requested bid;
7. When ordering online with Amazon the City of Norwalk Business Amazon account must be used.
It is the responsibility of the Department accepting a grant to ensure compliance with grant procurement provisions, as federal or other grant programs may impose more stringent requirements than those established by the NMC.
Authorization limits – (NMC 3.16.060)
1. Purchasing Authority Authorization Limit established by NMC is $39,400.
Effective July 1, 2024, it will be adjusted annually by the same amount as the March Consumer Price Index for the Los Angeles-Long Beach-Anaheim area.
Limit amount does not include sales and use taxes or shipping charges.
2. Expenditure of City funds for $8,700 or less (sales and use taxes or shipping charges not included) in any one transaction or term agreement, for which there are appropriated funds in the City Council -approved budget do not require a purchase order.
3. The Purchasing Authority, City Controller , may approve and authorize all contracts and purchases involving an expenditure of City funds up to the Purchasing Authority Authorization Limit, $39,400, in any one transaction or term agreement.
4. All contracts and purchases over the Purchasing Authority Authorization Limit of
$39,400 shall be approved by the City Council.
Availability of funds – NMC 3.16.170
1. No notice of award of contract shall be issued, no contract shall be signed, and no purchase order shall be issued, until the Finance Director or designee shall verify that the unexpended balance of appropriations concerned is sufficient to defray the amount of such contract or purchase order.
Unlawful purchases – NMC 3.16.180
1. If any purchase of supplies, materials or equipment, or nonprofessional services, is contrary to the provisions of the NMC Chapter 3.16, such purchase shall be void and of no effect, unless thereafter ratified by the person or body required by this chapter to approve such purchase.
2. No Department shall split its requirements for supplies, materials or equipment, or nonprofessional services into smaller estimated amounts in order to evade any of the provisions of the NMC Section 3.16.
3. Purchases of supplies, materials or equipment, or nonprofessional services for 10 the private use of any official or employee of the City are prohibited.
General Policy
General Purchases
Purchase of all supplies, materials and equipment, and nonprofessional services (NMC Chapter 3.16), and professional services (NMC Chapter 3.21) will be made pursuant to the following guidelines.
1. Over- the-Counter
Purchases for less than $8,700 (exclusive of sales and use taxes) may be authorized by the Department Head. Although no specific purchasing requirements are established for this level of purchase, competitive bidding should be used whenever practical.
2. Informal Bidding/Open Market
Purchases, with an estimated value over $8,700 and up to the Purchasing Authority Authorization Limit of $39,400 (exclusive of sales and use taxes) may be made in the open market through the City’s online bidding platform.
a. Wherever possible, open market purchases must be based on at least three (3) informal bids, and must be awarded to the lowest responsible bidder. If the lowest quote is not selected, the Purchasing Authority or designee chall document in writing the basis for such election NMC Section 3.20.010.
b. Informal bids must be conducted through the City’s online bidding platform.
c. The Finance Department must view bids from prospective vendors prior to purchase.
3. Formal Bid
Purchases with an estimated value greater than Purchasing Authority Authorization Limit of $39,400 (excluding sales and use taxes) must be obtained by the Formal Bid Procedure pursuant to NMC Section 3.20.020.
a. The City Council approval is required when value is higher than the Purchasing Authority Authorization Limit.
b. Formal bids must be conducted through the City’s online bidding platform.
Bidding – Exemptions – NMC 3.16.070
The following are exemptions to the bidding requirements:
1. The estimated cost of the supplies, materials and equipment, or nonprofessional services is $8,700 or less, exclusive of sales and use taxes due thereon.
2. The Purchasing Authority, City Controller , determines, that the supplies, materials and equipment, and nonprofessional services are obtainable only from a single or sole source, and therefore the purchase of such supplies, materials or equipment is not adaptable to competitive bidding examples include:
11 a. Unique Goods or Single Source Supplier: Purchases for a unique item, with a sole (single) supplier. In order for an item to be recognized as “unique goods”, there must be no equivalent product available. The unique status must be based on material differences in the function and usefulness of the product.
When the product or service required, based on its unique character, is only available through a single or sole source manufacturer, a negotiated purchase may be made from that sole source without formal competitive bidding. b. T
rade Name Item Matching Existing Items : Purchases of brand name items available through a sole source where the brand name item is necessary due to the project goods being designed to match other goods already in use or already purchased or in the course of completion of a City project. c. P urchase of Unique Component or Replacement Part : Purchases of a component or replacement part for a product that is already in use, and for which there is no adequate substitute.
3. Purchase qualifies as an exemption under Joint Powers, Cooperative Purchasing programs utilizing purchasing agreements maintained by the county, state, or other public agencies,
4. Supplies, materials and equipment or nonprofessional services that are necessary to repair, maintain or improve the City’s utilization of supplies, material and equipment, which is a component part of the existing system.
5. An emergency exists, as determined by the City Manager, and ratified by the City Council in accordance with NMC Section 2.20.060(A), which requires the immediate purchase of the supplies, materials and equipment, or nonprofessional services.
6. An essential departmental operation affecting the public health, welfare or safety would be greatly hampered if the prescribed purchasing procedure would cause an undue delay in procurement of the needed item.
7. The Purchasing Authority determines that the best interests of the City would be served by purchasing or selling the supplies, materials or equipment without observing the procedure required by NMC section 3.16.010 or 3.16.020. a. Whenever the City Council approves the purchase of supplies, materials or equipment as provided in this section, the City Council may require that the Purchasing Authority solicit informal bids under such conditions and limitations as the City Council may impose.
b. Such bids shall be maintained, as a matter of public record, for a period of thirty (30) calendar days after the bids submittal or after the purchase is made, whichever is later.
Civil defense and disaster - the provisions of this chapter shall apply to the purchase, storage and disposal of commodities required for civil defense and disaster purposes only to the extent consistent Civil Defense and Disaster Plan of the City in the event of any emergency encompassed by such chapter.
8. Grants - any contract which is paid with grant monies shall strictly adhere to those purchasing provisions set forth in the applicable grant agreement and pursuant to any applicable state or federal law or regulation.
12 9. An emergency exists which requires the immediate purchase of supplies, materials, or equipment.
Local Vendor Preference
In the tabulation of bids by the City to ascertain the lowest responsible bidder, the Purchasing, as to each local vendor, tabulate that local vendors' bid as if it were 5% below the figure actually set forth in the bid. The Local Vendor Preference must be utilized solely for the purpose of determining the lowest responsible bidder, and must not have the effect of altering the bid of any such local vendor. (NMC 3.20.030)
Purchase Orders
Purchases of supplies, materials and equipment or nonprofessional services must be made only by purchase order except for the following:
1. The estimated cost of the supplies, materials and equipment, and nonprofessional services is $8,700 or less, exclusive of sales and use taxes due;
2. In case of emergency, impractically or under procedures established by the Purchasing Authority. (NMC 3.16.160);
3. Onetime/Annual expense - onetime payment in full for supplies, materials and equipment or nonprofessional services that have been processed through the Informal or Formal Bid process may be paid using a Request Form (Exhibit A-1).
This Request Form must be approved by the Purchasing Authority or designee.
4. Purchases that by their nature do not require the use of the Purchase Order system. These would include:
Utilities - water, electric power, natural gas, and telephone/data Advertisements and Notices
Courier/Delivery/Messenger Emergency Fuel Purchases Insurance Claims and Premiums Medical Payments (Physicians, lab) Membership Dues
Court Fee
Payments to Other Governmental Units Petty Cash Replenishment Property Rentals
Real Property/Easement Acquisition Subscriptions
Trade Circulars or Books Travel Expense/Advances
Insurance Requirements
All services provided on City property will be required to have:
Fully executed agreement or Standard Terms and Conditions for Purchases of Goods and Services (Exhibit A-2) on file with City Clerk. • Insurance documentation, as required in “Insurance Requirements for Informal 13 Bid Process and Purchase Order Vendors Providing Nonprofessional Services”, will be on file and verified by the City Clerk.
Exceptions to the above insurance requirements are:
• Services as approved in writing by the Risk Manager,
• Mail and package delivery services.
All professional services will be required to have:
Fully executed professional Services Agreement on file with City Clerk • Insurance documentation, as required in the professional services agreement, will be on file and verified by the City Clerk.
Informal Bid (NMC 3.20.010)
For all purchases in excess of $8, 700 and up to Purchasing Authority’s Authorization Limit of $39,400, at least three price quotations are needed, and the purchase awarded to the lowest responsive and responsible bidder. Informal bids must be solicited via the City’s online bidding platform.
Informal bids will be assigned a number by the department conducting the solicitation in the following format: FY- Department - Number. For example, if the Finance department is soliciting its first informal bid for the fiscal year, the solicitation number would be:
24-1501-001.
Price quotations received outside of the City’s online bidding platform will not be accepted until such time as the solicitation is conducted using the City’s online bidding platform.
In determining vendors to be contacted for the submission of bids, the last vendor used by the City for the same or similar goods or services should be contacted to place a bid, and when feasible at least one local vendor contacted if the goods and services are available locally.
Bids must be solicited from prospective bidders through the City’s online bidding platform, legal advertising or public notice. Prices quoted by all vendors will not be posted publicly on the City’s online bidding platform until the bid is awarded.
When the bid is awarded, the informal bid becomes public record and open for inspection.
Awards will be made to the lowest responsible bidder, or best bid.
In the event there are less than three responsive bidders that can quote on a requirement, the above guidelines will be followed.
In the absence of an agreement for nonprofessional services, a fully executed Standard Terms and Conditions for Purchases of Goods and Services (Exhibit B) will be on file with the City Clerk.
Informal bids may be used for purchases made within 12 months of bid date.
Preparation of the Informal Bid Quotation Work Sheet
A request for quote form must be used and uploaded to the City’s online bidding platform in soliciting bids from prospective vendors for orders greater than $ 8,700 and up to the 14 Purchasing Authority’s Authorization Limit of $39,400.
Bid Award
After the bids have been solicited and documented, the purchase shall be awarded to the lowest responsive and responsible bidder. Bidders shall be advised that they will be notified only in case of successful bid.
Successful bidders will be required to provide an IRS W-9 form and insurance documentation, as required by the Risk Manager.
Formal Bid (NMC 2.20.020)
For all purchases in excess of the Purchasing Authority’s Authorization Limit of $39,400:
Formal Bids will be assigned a number through the Finance Department; completed Bid Packages must be uploaded to the City’s online bidding platform and posted by the Finance Department.
Preparation of the Bid Package - The initiating Department shall prepare the bid package (“`Bid Package”).
There are seven essential components to the Bid Package: Notice Inviting Bids, Bid Terms and Conditions, Bid Security, Performance Bond, Bidder's List, Bid Specifications, and Bid Submission form. The following is a description of each of these components:
1. Preparing Notice Inviting Bids - The notice shall be prepared by the initiating Department for the City Clerk's approval. The newspaper notice required in this section shall include:
a. A general description of the goods to be purchased or scope of services to be provided
b. State where bid forms and specifications may be secured c. Time and place for submitting bids
d. Time and place for opening bids
e. A fee set for plans and specifications
General Notice Inviting Bids - Notice Inviting Bids must be published at least 10 days before the date of bid opening on the City’s website. The Purchasing Authority, or designee, may also choose to publish the notice in a local newspaper, trade newspaper, or trade journal in order to provide notice to the largest number of prospective bidders.
Advertising - The initiating Department is required to advertise in accordance with the above-stated requirement.
Bulletin Board and City Website – Formal Bids will be advertised by a notice posted on a public bulletin board in City Hall. The City’s website can also be used to advertise the City’s solicitations.
15 2. Bid Terms and Conditions - This portion of the Bid Package contains a set of instructions and the general information needed to be considered by all bidders prior to bid submission. This information may include:
a. The term of the agreement
b. Tax exempt information
c. The rights of accepting or rejecting bids
d. Non-discrimination provisions
e. Standard shipping and delivery instructions
f. Payment terms
g. How to complete and submit the bid forms
h. Criteria to be used in evaluating the bid
i. Any other factors pertinent to that particular bid
3. Bid Security - The purpose of Bid Security is to ensure that: the bidders do not withdraw their bids within the period specified for acceptance; the bidders will honor the award of the bid as executed by the City; and that the bidders will provide bonds or insurance certifications required by the City. If required, Bid Security shall be indicated in the Bid Terms and Conditions, as well as in the Notice Inviting Bids.
a. Bid Security may be presented in a number of acceptable forms: Cashier's check, certified check, money order, or bid bond signed by an admitted surety insurer (a surety company authorized to do business in California).
b. The amount of the Bid Security should be at least 10 percent of the total bid, and may be increased, if deemed necessary by the City Attorney or Purchasing Authority (City Controller) or respective Department Director.
c. The Bid Security should be returned to each unsuccessful bidder within 20 days after the successful bidder has signed the contract.
d. The Bid Security must also be returned to the successful bidder. If the successful bidder refuses or fails to execute the contract within 5 days after the notice of the award of the contract has been mailed, the successful bidder shall forfeit the Bid Security, and the City Council may award the contract to the next lowest responsible bidder.
e. Bidders who regularly do business with the City shall be permitted to file with the City Clerk an annual bid bond in an amount established by the Purchasing Authority. Such annual bonds shall be acceptable as surety in lieu of the furnishing of surety with each individual transaction. If required by law, a copy of such bond shall accompany the bid, and the annual bond shall afford sufficient security for the specific bid.
4. Performance Bond - The Purchasing Authority has authority to require a Performance Bond before entering into a contract. Such bond must be in an amount deemed reasonably necessary to protect the best interest of the City. If it is determined that a Performance Bond is to be posted prior to entering into a contract, the form and amount of the bond must be described in the public Notice Inviting Bids, as well as in the Bid Terms and Conditions. A Performance Bond must be issued by an admitted surety insurer.
16 a. Bidders who regularly do business with the City shall be permitted to file with the City Clerk an annual Performance Bond in an amount established by the Purchasing Authority. Such annual bonds shall be acceptable as surety in lieu of the furnishing of surety with each individual transaction; provided that, where required by law, a copy of such bond shall accompany the bid, and provided the annual bond affords sufficient security for the contract.
5. Bidder's List - This is a listing of potential vendors that are believed to possess the capability to provide the needed supplies or equipment. All vendors on the City’s Bidder’s List must register and become a certified vendor through the City’s online bidding platform.
1. Bidder's Lists developed for projects funded with Federal or State funds requiring maximum participation by minority (MBE) and women- owned (WBE) businesses shall include potential MBE and WBE qualified vendors.
The City’s Bidder’s List will be available publicly online through the City’s online bidding platform.
6. Bid Specifications - This portion of the package states the concise set of requirements to be met by a product, material, or process that will be furnished by the successful bidder. Prior to soliciting bids, appropriate Bid Specifications shall be prepared.
a. Specifications set forth the essential characteristics of the items being purchased in order to provide a common basis for bidding and to ensure that all bidders will know exactly what is required and can accurately compute bids.
b. The degree to which specifications are open or unrestrictive directly affects the type and extent of the competition obtained. In addition, specifications provide a control to ensure that the quality level purchased is best suited to the item's intended use.
c. Specifications are used during the evaluation of bids to determine whether or not bids solicited are responsive to the City's proposal.
Bid Submission Form - This form is included in the Bid Package and provides a standardized format for each bidder to submit bid prices, deviations to specifications, firm name, address, and signature of the authorized representative. Depending on the number of bid items, the Bid Submission form may be formatted, together with the Bid.
General information for Formal Bids
1. Pre-Bid Conference - If the nature of the bid is particularly complex, it may be desirable to conduct a Pre-Bid Conference with the prospective bidders as a group to provide additional bid information and to answer any questions concerning the Bid Package. If a Pre- Bid Conference is to be scheduled, it shall be indicated in the Notice Inviting Bids, with the time and place of the conference provided.
17 2. Bid Opening -
a. Sealed bids shall be submitted via the City’s online bidding platform . Mailed, emailed, faxed, or hand delivered bids will not be accepted.
b. Sealed bid results will be displayed publicly upon bid opening via the City’s online bidding platform.
c. The Purchasing Authority, or designee, and a representative of the initiating Department shall tabulate the bids.
d. No bids shall be accepted after the stated time specified in the Notice Inviting Bids.
3. Bid Analysis - In order to assist in performing an objective analysis of the bids received, it is desirable that specification design and performance standards be expressed numerically in terms of appropriate units. Bid Specifications shall:
a. Identify numerical requirements in a simple, specific manner. Examples: tons, yards, cubic feet, gallons, linear feet, cases, cartons.
b. Be outlined allowing for competitive bidding.
Contract
This is the agreement formalizing the award of the bid, which shall be executed for all purchases made through the formal bid process as determined by the City Attorney. All contracts over the City Manager’s approval limit of $39,400 must be approved by the City Council. Successful Bidders will be required to provide an IRS W -9 form and insurance documentation.
1. City Council Award of Contract –
a. The initiating Department shall prepare the staff report to the City Council requesting approval to award the contract to the lowest responsive responsible bidder.
b. Prior to the submittal of the item to the City Clerk's office for placement on the City Council Agenda, the initiating Department shall obtain the appropriate purchasing, fiscal, and legal review of the report.
c. The City Council may award a contract or reject all bids. Rejection may be in whole or in part of a bid, if permitted by the Bid Specifications.
d. If two or more bids are received for the same total amount (quality and service being equal), and if the Council finds that the public interest will be furthered, the Council may accept the bid it chooses or proceed by negotiation, if not prohibited under State law (Public Contract Code Section 20166).
2. Agreement Execution - Upon City Council award of the bid, the City Clerk shall complete the execution of the Agreement.
a. The initiating Department shall prepare a request form to initiate the purchasing 18 process, notify the unsuccessful bidders, and if applicable return or have available for pickup all Bid Securities.
Debarment of Non-responsible bidders
The Purchasing Authority may determine and declare a bidder to be nonresponsive and/or non-responsible and may remove its name from the Bidders List; and may debar the bidder from bidding for a reasonable period, not less than one year. Such debarred bidder shall be notified in writing of such action and shall be furnished with a statement of the reasons therefore.
Protest Procedures
Right to protest during pre- bid period - Any actual or prospective bidder, offeror or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the Purchasing Authority, in writing, within ten (10) days before the bid opening or within five days after the bid opening. (NMC 3.20.160)
Filing of protest – Protests shall be made in writing to Purchasing Authority, within ten (10) calendar days before the schedule bid opening or within five (5) business days after the bid opening. A protest filed after the tenth (10th) day shall not be considered. A protest lodged after award by the City Council will not be considered. Protests shall also be made, in writing, if required, to any other state or federal agency, from which the City receives grant funds. (NMC 3.20.170)
Filing of protest during post bid evaluation and post award period - Protests shall be made in writing to the Purchasing Authority, within five (5) working days of notification a proposal has been recommended for award by the City; or after a proposal has been awarded. (NMC 3.20.160)
Subject of protest - P
rotesters may file a protest on any phase of the solicitation or award including, but not limited to, specifications, preparation, bid solicitation, award or disclosure of information marked confidential in the bid or offer. (NMC 3.20.180) Form - T he protest shall include:
• name and address of the protestor;
• appropriate identification of the procurement, and if the contract has been awarded the bid number;
• statement of reasons for the protest;
• supporting exhibits, evidence or documents to substantiate any claims unless not available within the filing time, in which case the expected availability date shall be indicated. (NMC 3.20.190)
Notification of City Attorney
The Purchasing Authority shall submit a copy of the protest to the City’s Attorney within three (3) working days of receipt of written protest. (NMC 3.20.200) Requested information – time of filing - Any additional information requested by any of 19 the parties should be submitted within the time periods established by the requesting source in order to expedite consideration of the protest. Failure of any party to comply expeditiously with a request for information by the Purchasing Authority may result in resolution of the protest without consideration of any information, which is untimely filed pursuant to such request. (NMC 3.20.210)
Stay of procurements during protest – (NMC 3.20.220)
A. When a protest has been filed within the designated period and before an award has been made, the Purchasing Authority shall make no award of the contract until the protest has been settled and the City’s Attorney has advised to proceed with the award.
B. When a protest has been filed within the designated period after award has been made, the Purchasing Authority shall not proceed with finalizing the contract until the protest has been settled and the City’s Attorney has advised to proceed with the award.
C. The decision of the Purchasing Authority is appealable to the City Manager. If no appeal is filed within ten (10) calendar days in writing to the City Manager, the decision of the Purchasing Authority shall be final.
D. Should an appeal be received by the City Manager within the designated period, a response will be provided within five (5) working days and shall be considered final.
E. The City does reserve the right to proceed with the award of a proposal pending the resolution of a protest when it is determined by the City Manager that:
i. The items to be procured are urgently required;
ii. Delivery or performance will be unduly delayed by failure to make the award promptly; or
iii. Failure to make a prompt award will otherwise cause undue harm to the City or FTA funding requirements.
Making information on protests available
The Purchasing Authority shall provide information to any interested party only when advised by the City’s Attorney to do so. (NMC 3.20.230)
Time for decisions
A decision on a protest shall be made by the Purchasing Authority as expeditiously as possible after receiving all relevant, requested information, and only when advised by the City’s Attorney to do so. (NMC 3.20.240)
Bid preparation costs
The City Attorney shall determine the extent of the costs to be incurred in connection with the solicitation, including bid preparation costs other than attorney’s fees, when a protest is sustained and the protesting bidder or offer or should have been but was not awarded the contract under the solicitation. (NMC 3.20.250)
20 Contracts for Professional Services (NMC Chapter 3.21)
Contracts for professional services shall be covered by the same bidding requirements as general purchases (NMC Chapter 3.16) pursuant to the following guidelines.
Definitions
Professional services means services which require special performance criteria; special or specific equipment; specific experience, knowledge, training, personal judgment, quality of work or factors other than simply obtaining the service at the lowest cost to the City.
Such services include, but are not limited to, those provided by attorneys, architects, engineers, land surveyors, construction managers, appraisers, experts, accounting firms, security firms, computer consultants/programmers and/or other specialized consultants.
Professional services do not include services rendered by City officers or employees.
a. Contracts for professional services estimated to cost $ 8,700 or less may be awarded by the Department Head.
Experience and qualifications of professional service providers
1. In contracting for professional services, such contracts shall only be awarded to firms or persons who have demonstrated adequate levels of experience, competence, resources/equipment, staffing and other professional qualifications necessary for more than a satisfactory performance of the services required in the time period needed
2. The Department requesting the professional service must determine that a firm has an adequate level of competence,
a. Cost will not be the sole criterion in selecting the successful bidder.
b. Professional services proposals will be evaluated based on a combination of factors that result in the best value to the City, including but not limited to:
Understanding of the work required by the City
Quality and responsiveness of the proposal Demonstrated competence and professional qualifications necessary for satisfactory performance of the work required by the City
Recent experience in successfully performing similar services
Proposed methodology for completing the work
References
21 Background and related experience of the specific individuals to be assigned to the project
Proposed compensation
If it is determined that it is in the best interest of the City for services to be provided by a specific consultant
3. No services shall commence prior to having a fully executed agreement, as well as adequate insurance and bond coverage, prior to the performance of professional services.
Conformance with bidding procedures (NMC 3.21.030)
The acquiring of professional services shall be made and accomplished in conformity with Section 3.21.050 or Section 3.21.060 except:
A. When an emergency, as determined by the Purchasing Authority with the approval of the City Manager, is deemed to require that an order be placed with the nearest available source.
B. When the professional services needed can be obtained from one source only.
C. When the City Council by a four -fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in every individual instance upon a finding by the City Council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same.
D. When the amount of the professional services involved is $8,700 or less.
E. Compliance with the requirements set forth in the provisions of this chapter shall apply to all contracts awarded after the effective date of this subsection, as may be amended.
Decentralized bid solicitation – (NMC 3.21.050)
Soliciting bids for professional services is decentralized and shall be the responsibility of the Department director requesting the service, utilizing the template authorized by the City Attorney; however, the Purchasing Authority may be contacted to assi st with bids requiring the formal sealed RFP process set forth in Section 3.21.060.
Contracts for up to the Purchasing Authority Authorization Limit – (NMC 3.21.060)
The following procedure shall be used when seeking professional services estimated to have an annual cost of up to the Purchasing Authority Authorization Limit of Section
3.16.060.
A. In nonemergency situations, the requesting Department shall obtain a minimum of three consultants or firms.
B. Unless the Purchasing Authority’s designee authorized the entering into or the 22 award of a specific contract for professional services, the City Manager shall approve in writing the award of all such contracts, taking into consideration the recommendation of the Department director requesting the professional services at issue.
C. The City Manager or her/his duly authorized designee is authorized to approve professional service contracts with an annual estimated cost of up to the Purchasing Authority Authorization Limit of Section 3.16.060.
Contracts of more than the Purchasing Authority Authorization Limit – NMC
3.21.070
The following procedure shall be used when seeking professional services estimated to have an annual cost of more than the Purchasing Authority Authorization Limit of Section
3.16.060.
A. In nonemergency situations, Departments shall utilize the following formal sealed request for proposal process:
1. A formal sealed RFP template provided by the Purchasing Authority shall be developed for solicitation of professional services contracts of more than the Purchasing Authority Authorization Limit of Section 3.16.060.
2. The Department shall advertise in appropriate publications and/or use the professional services listings, as available, during the solicitation process.
3. Notice inviting RFPs shall be posted upon a bulletin board at City Hall and on the City's website at least ten (10) calendar days before the due date of submission of the RFP, when reasonably possible.
4. The notice shall at least describe the general type of service needed, how the RFP minimum scope of work can be obtained, the requirement of a written sealed proposal, state the closing date, method of submission, and time for submission of the RFP.
5. Sealed request for proposals shall be submitted via the City’s online bidding platform directly.
6. Departments shall analyze proposals for compliance with RFP requirements, value of the total scope of services and make a recommendation to City Council for selection or for follow up interviews with those consultants/firms submitting proposals.
B. Contracts for professional services of more than the Purchasing Authority Authorization Limit of Section 3.16.060 require the approval of the City Council.
C. Contracts for professional services shall be on the City's standard form and shall be reviewed and approved as to form by the City Attorney.
Splitting purchases or contracts—financial interest prohibited – (NMC 3.21.080)
23 A. No officer or employee of the City or its agencies shall split or separate a purchase/procurement of professional services for evading the dollar amount bid threshold provisions of this chapter. The acquisition of professional services should be made with a single contract covering all services to be provided.
B. No City employee who participates in the selection or approval of a professional service provider, nor any person who has supervisory responsibility for any such employee, shall have a financial interest in any professional service provided by the business entity under consideration.
PUBLIC WORKS - PROCEDURES RELATING TO COMPETITIVE BIDS NMC CHAPTER 3.17
Adoption of Uniform Public Construction Cost Accounting Act
The City has elected to be subject to the Uniform Public Construction Cost Accounting Act (hereinafter referred to as the "CUPCCAA"). City contracts for Public Projects and maintenance work shall be governed by applicable state laws including the CUPCCAA, Public Contract Code Section 22000 et seq, and the California Uniform Construction Cost Accounting Commission's (hereinafter, "UCAA Commission") policies and procedures manual and cost accounting review procedures, as amended from time to time.”
Definitions
Unless the context otherwise requires, the following definitions, as well as the definitions in Chapter 3.16 (Purchasing System), shall govern the construction of this chapter:
“Facility” means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph 3 of the “Public Project” definition below, real property, streets and highways, or other public work improvement.
“Level 1 projects” means Public Projects below $60,000 the monetary threshold of subdivision (a) of Section 22032 of the Public Contract Code. This project can be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.
“Level 2 projects" means Public Projects below the $200,000 monetary threshold of subdivision (b) of Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in this article
"Level 3 projects" means Public Projects of $200,000 or more, the monetary threshold of subdivision (c) of Section 22032 of the Public Contract Code, except as otherwise provided in this article, be let to contract by formal bidding procedure.
“Public Project” means any of the following:
a. Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility;
b. Painting or repainting of any publicly owned, leased or operated facility;
24 c. In the case of a publicly owned utility system, “public property” includes only the construction, erection, improvement or repair of dams, reservoirs, power plants and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher.
“Public Project” does not include maintenance work. For purposes of this article, “maintenance work” includes all of the following:
a. Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;
b. Minor repainting;
c. Resurfacing of streets and highways at less than one inch;
d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems;
e. Work performed to keep, operate and maintain publicly owned water, power or waste disposal systems, including, but not limited to, dams, reservoirs, power plants and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher.”
Public Works Competitive Bid Requirements (NMC 3.17.030)
This section shall govern the procedures for bidding all contracts to perform Public Projects, including any associated purchase of supplies, materials, and equipment for such projects. Projects funded by federal, state, or local grants shall be awarded pursuant to the more restrictive bidding requirements, listed above for professional services.
No Bid – (Level 1) – $60,000 or less
a. Level 1 projects may be awarded by negotiated contract or by purchase order without competitive bidding. Although no specific purchasing requirements are established for this level of purchase, competitive bidding should be used whenever practical.
Informal Bids – (Level 2) - between $60,001 and $200,000 a. For purchases between $60,001 and $200,000 for which formal competitive bids are not solicited, the informal bid procedures as outlined previously in this policy must be followed.
b. The Purchasing Authority may waive the requirement to solicit bids if performance of the Public Project is available from only one source and may solicit only two bids if performance of the Public Project is available from only two sources.
c. Oral Bids - Bids shall be orally solicited from a minimum of three sources and may be received orally. The person who solicits the bids shall prepare a memorandum to the file documenting the identity of the bidders and the amount of the bids that were obtained.
25 d. Written Bids. - Bid specifications shall be prepared and a notice inviting informal bids shall be solicited via the City’s online bidding platform. e. The contract shall be awarded to the lowest Responsive and Responsible Bidder only if the Purchasing Authority determines that such action is in the best interest of the City. The City may reject all bids or waive any irregularities or informalities in any bid or bidding.
Formal Bids – (Level 3) - over $200,000
a. Public Projects exceeding $200,000 will be required to have formal bids, as outlined previously. Competitive sealed bids must be solicited and the purchase awarded to the lowest Responsive and Responsible Bidder.
1. Public Works Projects Notice
a. The Notice Inviting Bids shall set a date for the opening of bids.
b. The first publication or posting of the notice shall be at least 10 calendar days before the date of opening the bids.
c. Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation printed and published in the City or, if there is none, it shall be posted in at least three public places in the City that have been designated by ordinance as the places for posting public notices.
2. Public Works - Plans, specifications and working details - The City Engineer has the authority to prepare and adopt plans, specifications and working details for all informal contracts, and to develop plans, specifications and working details necessary to enable a qualified contractor to perform the work required for each informal contract awarded.
3. Davis – Bacon Act - In the event Sections 1770- 1780 of the California Labor Code are repealed and not substituted with new provisions requiring the payment of the general prevailing rate of per diem wages and general prevailing rate of per diem wages for holiday and overtime work on City of Norwalk public works contracts, contractors on City of Norwalk public works projects in excess of one thousand dollars ($1,000.00) shall pay not less than the prevailing wages determined by the United States Secretary of Labor pursuant to the provisions of the Davis -Bacon Act. NMC
3.20.26 a. Notice of prevailing wage requirement must be included in Notice Inviting Bids
b. Any contractor failing to pay the prevailing wage required California Labor Code shall pay the City a penalty of fifty dollars ($50.00) per day for each worker paid less than the prevailing wage and shall not be awarded a contract for a public works project by the City for a period of one year from the completion or termination of the contract
4. Opening of bids and award of contract - At the time provided in the notice inviting informal bids, the requesting department shall open all bids received via the City’s online bidding platform and shall award a contract to the lowest Responsive and Responsible Bidder based upon the recommendation of the City Engineer. If two or more bids are the same and lowest, the Purchasing Authority shall award the contract 26 by drawing lots. If no bids are received, the City Engineer may solicit informal bids again, or perform the work by City forces, as he or she determines to be in the best interests of the City.
5. The City Council may waive the procedures required by this subsection if the City Council determines that performance of the Public Project is available only from a single source
and may send a notice inviting bids to only two prospective bidders if the council determines that performance of the Public Project is available from only two sources.
6. Insurance. All contracts shall be accompanied by proof of the appropriate level of insurance at the time of execution. The insurance level required shall be in accordance with the City’s standard insurance requirements, or as otherwise approved by the Risk Manager.
EMERGENCY PURCHASES
Local Emergency
In the event of the proclamation of a State or local emergency by the Governor or the Director of Emergency Services, or the existence of a state of war emergency, the Director of Emergency Services is empowered to obtain from other sources vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof as provided in Sections 3.16.070(C) and 3.16.150 and, if required immediately, to commandeer the same for public use.
Emergency purchases (non Public Works)
Purchases made in order to protect the health, welfare or safety of the community. a. Emergency purchases must be cleared by the Purchasing Authority and will receive a purchase order number. This number must be given to the vendor for use on the packing slip or invoice.
b. If the Finance Department is closed and an emergency purchase has to be made, the Department must inform the Finance Department as soon as possible after it happens. A purchase order number will be assigned and the vendor notified of the number.
c. The City Manager or designee shall provide a full report on the emergency and work performed at the next meeting of the City Council, at which time the City Council must confirm such action by a four-fifths vote, and further determine appropriate action such as, but not limited to, whether work should continue without the benefit of informal or formal bidding.
Emergency purchases Public Works
In emergency situations, the competitive bidding procedure does not have to be observed if requirements of Sections 20168 and 22050 of the Public Contract Code are met. To ensure that all legal requirements are satisfied, the project manager must review pertinent provisions of the Public Contract Code and consult the City Attorney. Key provisions are as follows:
27 a. In the case of an emergency, the City Council may pass a resolution by a four - fifths vote declaring that the public interest and necessity demand the immediate expenditure of public funds to safeguard life, health, or property.
b. Upon adoption of the resolution, the Council may expend any sum required in the emergency to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies, without giving notice for bids to let contracts.
c. Before taking any action, the Council must make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
d. The Council, by a four-fifths vote, may delegate, by resolution or ordinance, to the City Manager, City Engineer, or other non- elected officer, the authority to order any action.
e. If a person with authority orders any action, that person must report to the Council, at its next meeting, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.
f. If the Council orders any action, it must review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action.
g. If a person with authority orders any action, the Council must initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority has terminated that action prior to the Council reviewing the emergency action and making a determination.
h. When the Council reviews the emergency action, it must terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
APPROVAL AND EXECUTION OF CONTRACTS – (NMC Chapter 3.42.)
Signatory authority to bind the City in a contract
a. The City Manager is the only signatory authorized to bind the City on a contract.
b. Any contract signed by an officer or employee of the City without a proper grant or delegation of signatory authority is void.
Execution without prior City Council approval
28 a. Maintenance and professional service contracts maybe approved and executed by the City Manager without prior City Council approval if the contract has already been funded in the budget approved by the City Council, or the contract is necessary due to an emergency in accordance with Section
3.16.070.
b. The City Manager may execute any contract when the City Council adopts a resolution or approves a minute order authorizing the City Manager to execute the specific contract.
The City Manager shall provide written notification on a semiannual basis to the City Council of all contracts approved pursuant to this section.
SUBMISSION RESTRICTIONS
Sealed Bids
The main purpose of the sealed bid is to maintain secrecy until it is too late for any of the other bids to be modified. The City Clerk will not accept sealed bids by fax , hand- delivery, mail or Email.
Signature
The only signature acceptable on a sealed bid is an original signature. When required by the solicitation documents, wet signatures, along with notary documents, must be submitted to the City Clerk’s office by the solicitation deadline. No faxed or emailed signatures will be accepted in lieu of an original signature.
Confidentiality
Documents transmitted by fax or Email are subject to interception and to intentional or unintentional disclosure to unauthorized individuals. Confidential information could be compromised as a result.
SURPLUS EQUIPMENT & VEHICLES (NMC 3.16.100)
The Finance Department oversees the disposition of all City property. All requests for disposal or transfer of surplus equipment or vehicles will be directed to the Finance Department.
1. The Purchasing Authority will be provided an itemized list and a written estimate of the value of any surplus items not usable by any City Department, except those items with an estimated value of five hundred dollars ($500.00) or less need not be valued individually.
2. Subsequent to a finding by the Purchasing Authority that such items are no longer usable by the City, the items will be disposed of.
3. The disposal of such items shall be accomplished by sale in accordance with Section 3.20.010 or 3.20.020, by auction, or by other means as may be determined appropriate.
4. In addition, with the prior approval of the Purchasing Authority, the City may donate such items to any nonprofit organization or governmental entity providing services to the City or its residents.
29 5. The declaration as surplus, and approval for sale or other disposition of surplus materials, equipment and vehicles will be controlled by specific levels of authority and will follow specific guidelines.
6. Transfer of surplus equipment and vehicles between Departments will be made only with the approval of the two Departments involved in transfer.
30 SUSTAINABLE PURCHASING POLICY & PROCEDURES
The purpose of the Sustainable Purchasing Policy is to implement the City’s goals of reducing greenhouse gas emissions and impacts on climate change, and generally encouraging the City’s use of environmentally friendly and sustainably produced products and services. Unless otherwise stated, the policies set forth in this section are aspirational and should be adhered to whenever commercially reasonable. All definitions included in this Section, unless otherwise provided for herein, shall have the definitions as provided for under Section 8.50.030 of the Norwalk Municipal Code.
Life Cycle and Recyclability
A. Use life cycle cost analysis to assist in selecting a product or service. The City should also consider the sustainability, circularity or recyclability of a product, and the percentage of recyclable content of the product in its analysis.
Carbon Emissions and Shipping
A. Orders should be combined into as few shipments as possible to reduce emissions and waste from packaging and consider local City distribution points.
B. Personnel should try to avoid shipping by air freight whenever possible.
C. If available, orders should be placed with companies or delivery and distribution services that utilize electric, hybrid, or other low -emission delivery vehicles when practicable.
D. Unless expressly prohibited for use in certain vehicles, including but not limited to any specifications required by the manufacturer, the purchase of lubricating oil and industrial oil from the seller whose oil product contains the greater percentage of recycled oil, if the availability, fitness, quality, and price of the recycled oil product is otherwise equal to, or better than, virgin oil products , in accordance with California Public Contract Code 10409.
Water Conservation
A. When procuring products or services related to landscaping or other areas where water conservation measures could be implemented, personnel should consider the Landscape Standards and the Water Efficient Landscape Ordinance under NMC Section 17.03, Art. I.
Toxicity
A. When purchasing products such as cleaning solutions, pesticides, and herbicides, purchases should attempt to purchase fewer and less toxic products whenever possible.
B. Avoid the purchase of products containing persistent, bioaccumulative, or toxic chemicals that do not degrade or may accumulate within the human body, whenever practicable.
Energy Efficiency, Green Energy, Green Building
A. Purchases of appliances should include energy-conserving and/or ENERGY STAR certified products whenever possible.
31 B. Purchases related to lighting, generators or other products used in City facilities should consider energy saving lightbulbs, clean emissions generators or other equipment, and any other measure to promote energy efficiency and conservation.
C. When building or retrofitting City facility, practical consideration should be given to LEED Green building standards and best practices where such practices can be reasonably utilized.
Waste Reduction
A. When purchasing products, personnel should consider efficient ways in which the City can reduce the overall amount of waste produced, and engage in efforts to promote waste reduction in general
Recovered Organic Waste Product Procurement
1. Procurement Target
A. City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target
B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following (provided that each product meets the criteria included in their respective definition in SB 1383):
1. SB 1383 eligible Compost.
2. SB 1383 Eligible Mulch.
2. Requirements for City Departments
A. Compost and SB 1383 Eligible Mulch procurement. Divisions and departments responsible for landscaping maintenance, renovation, or construction shall:
1. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste, as defined in SB 1383, for landscaping maintenance, renovation, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
2. When City uses Compost and SB 1383 Eligible Mulch and the applications are subject to the City’s Water Efficient Landscaping Ordinance (WELO) under Norwalk Municipal Code Section 17.03.020, the application shall comply with the more stringent of the following provisions, (i) the City’s WELO, or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following:
32 a. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
3. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the City’s Recycling Coordinator on a schedule to be determined by the City’s Recycling Coordinator.
Records shall include:
a. General procurement records, including:
(i) General description of how and where the product was used and applied, if applicable;
(ii) The name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
(iii) Type of product;
(iv) Quantity of each product; and,
(v) Invoice or other record demonstrating purchase or
procurement.
b. For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and SB 1383 Eligible Mulch provided to residents. Records shall be maintained and submitted to the City’s Recycling Coordinator in accordance with the requirements specified in Subsection 2.A.3 of this Section.
c. For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the mulch procured by the City or Direct Service Provider meets the land application standards specified in 14 CCR Section 18993.1, as it may be amended from time to time.
4. When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured from Biomass Conversion; and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements.
3. Requirements for Direct Service Providers
A. Direct Service Providers of landscaping maintenance, renovation, and 33 construction shall:
1. Use Compost and SB 1383 Eligible Mulch, as practicable, produced from recovered Organic Waste, as defined in SB 1383 , for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
2. If Direct Service Provider is subject to City’s WELO pursuant to Norwalk Municipal Code Section 17.03.020, comply with one of the following, whichever is more stringent: (i) the locally-adopted WELO that is more stringent than the State’s MWELO, or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a “Soil Preparation, Mulch, and Amendments Section” to include the following:
a. For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
3. Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to City’s Recycling Coordinator, on a schedule to be determined by City’s Recycling Coordinator .
Information to be provided shall include:
a. General description of how and where the product was used and if applicable, applied;
b. The name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
c. Type of product;
d. Quantity of each product; and,
e. Invoice or other record demonstrating purchase or procurement.
B. Direct Service Provider of Organic Waste collection services shall:
1. Provide a specified quantity of Compost or SB 1383 Eligible Mulch to City and its customers via periodic “giveaways” if required in a franchise agreement or other agreement.
2. Keep and provide records to City including the following:
a. Dates provided
34 b. The name, physical location and contact information for each entity, operation or facility from whom the Recovered Organic Waste Products were procured;
c. Type of product;
d. Quantity provided; and,
e. Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location.
Purchase of Paper Products
CalRecycle regulations, as part of the State’s efforts to reduce greenhouse gas emissions under SB 1383, have been included in the Norwalk Municipal Code under Section
8.50.100. The regulations require that:
A. City departments, and direct service providers to the City, as applicable, must comply with the City’s recovered organic waste product procurement policy and recycled-content paper procurement policy.
B. All vendors providing paper products and printing, and writing paper shall:
1. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty (30) percent, by fiber weight, postconsumer fiber instead of non- recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non- recycled items.
2. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer m aterial in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
5. Provide records to the City’s Recycling Coordinator, in accordance with the City’s recycled -content paper procurement policy(ies) of all paper products and printing and writing paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or 35 other documentation of purchase, written certifications as required in subsections (B)(3) and (B)(4) of this section for recycled- content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non- recycled content paper products or printing and writing papers are provided, include a description of why recycled- content paper products or printing and writing papers were not provided.
Requirements for Vendors
A. All vendors that provide p aper products (including janitorial p aper products) and printing and writing paper to City shall:
1. Provide recycled-content paper products and recycled- content printing and writing paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non- recycled item, and available at equal or lesser price.
2. Only provide paper products and p rinting and w riting paper that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the p aper products and printing and writing paper offered or sold to the City . This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, under penalty of perjury, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
5. Provide records to the City’s Recycling Coordinator of all paper products and printing and writing paper purchased from the vendor on a schedule to be determined by the City’s Recycling Coordinator (both recycled- content and non- recycled content, if any is purchased) made by a division or department or employee of the City. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in S ubsections A(3) & (4 ) of this Section for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled-content paper products and/or non-recycled-content printing and writing paper are provided, include a description of why recycled-content paper products and/or r ecycled-content printing and writing paper were not provided.
B. All vendors providing printing services to the City via a printing contract or written agreement, shall use printing and w riting paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public 36 Contract Code Section 12209.
Recordkeeping Responsibilities
A. The Public Services Department will be the responsible department and will select an employee to act as the City’s Recycling Coordinator that will be responsible for obtaining records pertaining to procurement of Recovered Organic Waste Products and recycled-content paper products and recycled-content printing and writing paper.
B. The City’s Recycling Coordinator will do the following to track procurement of Recovered Organic Waste Products, r ecycled-content paper products, and recycled-content printing and writing paper:
1. Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of printing and writing paper and paper products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring paper products and p rinting and writing paper (whether or not they contain recycled content) and/or from the vendors providing printing and writing paper and paper products. These records must be kept as part of City’s documentation of its compliance with 14 CCR Section 18993.3.
2. Collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors/others procuring Recovered Org anic Waste Products on behalf of the City to develop evidence of City meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the Jurisdiction’s documentation of its compliance with 14 CCR Section 18993.1.
3. Collect, collate, and maintain documentation submitted by the City, Direct Service Providers, and/or vendors, including the information reported to the City’s Recycling Coordinator in accordance with the provisions of this policy.
4. Compile an annual report on the City ’s direct procurement, and vendor/other procurement on behalf of the City , of Recovered Organic Waste Products, recycled-content paper products, and recycled-content printing and w riting paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for recycled-content paper products and recycled- content printing and w riting paper procurement. This report shall be made available to the City’s responsible entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13. The procurement report shall also be shared with Council, Board of Directors, or Board of 37 Supervisors or other regulating body annually as evidence of implementing this Policy.
38 CITY OF NORWALK PURCHASING CARD PROGRAM POLICY, PROCEDURES,
AND CARDHOLDER INSTRUCTIONS
BACKGROUND
The City uses a variety of methods to procure goods and services, but relies to a large extent on the standard purchase order process - an essential financial control which works very well for large purchases, but not as well for day-to-day needs.
To facilitate these small dollar day -to-day purchases, the City of Norwalk has entered into a purchasing card agreement with US Bank. The City’s program is based upon the State of California’s “Cal-Card” Purchasing Card Program. The purchasing card program is designed to provide a fast, safe, and cost-effective purchasing method. It reduces the need for purchase orders and increases the documentation and tracking of purchases while encouraging more vendors to trade with the City.
Purchasing cards are assigned to selected employees who need to purchase supplies and services in the course of their duties. A number of unique controls have been developed for this program, controls that do not exist for traditional credit cards. These controls ensure that the purchasing card can be used only for specific purposes and within specific dollar limits. Cardholders are required to certify each purchase and a City official verifies the appropriateness of each purchase.
PURPOSE
The purpose of this document is to establish guidelines for the issuance and use of purchasing cards and to accomplish the following:
1. To improve efficiency by reducing the need for small dollar purchase orders.
2. To establish appropriate internal controls.
3. To ensure that all purchases made with the cards conform to the City's purchasing ordinances and policies.
4. To ensure that the City bears no legal liability from inappropriate use of purchasing cards.
GENERAL INFORMATION and DEFINITIONS
The City’s purchasing card program conforms to and operates jointly with the bank’s purchasing card program. The responsibilities of the two entities and the responsibilities of the cardholders are outlined below.
1. Bank - The Bank issues the purchasing cards, monitors the system to verify that purchases fall within parameters established by the City, and provides monthly billing reports and other billing information as needed.
2. The Purchasing Card - The purchasing card contains the individual employee's name, the City's name, the card account number, and an expiration date.
3. Purchasing Agent - The Purchasing Agent has overall responsibility for the program. He or she is the overall program administrator and bank liaison, 39 responsible for accumulating, reporting, and coordinating all information to the participants, and to the City Council.
4. Finance Department Staff - The Finance Staff verifies that each cardholder submits appropriate documentation including authorization of Approving Official in a timely manner. Account codes are review ed for accuracy and monthly statements are paid.
5. Approving Official - The Approving Official is responsible for reviewing the charges made by employees within his/her department or unit to ensure that all purchases made by cardholders in his/her area are appropriate, comply with applicable policies, and are properly documented. Ultimately, the City Manager, Department Directors and Division Managers are deemed Responsible Officials for the purposes of this program.
6. Cardholder - The cardholder is the employee whose name is imprinted on the card.
He or she is responsible for ensuring the card is used appropriately.
CONTROLS
A number of unique controls have been developed for this program that do not exist for traditional credit cards.
1. The purchasing card will have both the employee’s name and the City of Norwalk’s name imprinted on it.
2. Cardholder Only - No one but the cardholder may use the card.
3. Special Design – The card has been designed to avoid confusing it with the cardholder’s personal credit card. In all other respects, it is considered a regular credit card.
4. Specific Purposes and Amounts – Guidelines have been established to ensure that the purchasing card can be used only for specific purposes and within specific dollar limits.
5. Certification - Cardholders are required to review the monthly statements and certify each purchase as proper and appropriate.
6. Supervisory Verification – The Approving Official for the cardholder verifies the appropriateness of each purchase.
7. Management Oversight - The Purchasing Agent is responsible for the overall administration of the City’s purchasing card program. However, the Approving Official, as well as Department Directors performs key oversight and supervisory functions.
DISCIPLINE
1. Any employee who uses the card in an improper or illegal manner is subject to discipline up to and including termination.
2. Any employee who uses the card in violation of a law may be criminally prosecuted.
40 CARDHOLDER SPENDING LIMITS
Spending limits may vary, depending upon the duties and types of purchases required of the employee.
1. Individual Card Limits – Single purchase limits and monthly purchase limits have been established. Each time a cardholder uses his or her card to make a purchase, these limits are automatically checked. Authorization is denied if the purchase amount exceeds the limits.
2. General Limits - the City's limits for purchasing cards are as follows:
a. Single Purchase Limit: $ 1,000
b. 30-Day Total Limit: $8,700
3. Limits - A cardholder’s purchasing limits will be increased or lowered at the direction of the Approving Official, Department Director or City Manager.
4. Cancellation - A card will be cancelled at the direction of the Approving Official, Department Director or City Manager.
CARD RESTRICTIONS
1. Mixed Items - A single purchase may be comprised of many items, but the total cannot exceed the authorized single invoice limit allowed.
2. Back Orders - All items purchased over -the-counter with a purchasing card must be immediately available. No back ordering is allowed.
3. Cash Advances – Cash advances are NOT permitted, whether through bank tellers, teller machines, or any other method.
4. Personal Items – The purchase of personal items is NOT allowed.
5. Services or Labor of any type – All services or labor requires the prior approval of the Purchasing Agent to ensure that City insurance requirements are followed.
6. Uniform – Any and all uniform -related purchases are not allowed on a City Cal - Card. These purchases should be paid as part of regular warrant payments through accounts payable.
7. Software/Computer Equipment – No purchases of software, reoccurring charges for online services, or computer equipment/accessories are allowed on a City Cal- Card. Such charges should be paid as part of regular warrant payments through accounts payable, or made by the Finance Department on behalf of the requesting department.
8. Fixed or Inventory Controlled Assets – Purchase of a fixed or inventory controlled assets requires the prior approval of the Purchasing Agent if over $500.
41 9. Travel – The purchase of airfare, registration costs, and lodging only are permitted.
Parking/shuttle/transportation network company expenses are allowable if cash payment is not accepted. These travel expenses must be reported on page 2 of the Travel expense claim form. All other travel-related expenses are not allowed.
10. Orders placed online through Amazon must use the City’s Amazon Business account – see - Procedures for Ordering Goods through Amazon for details.
11. Alcoholic Beverages – No purchase of alcoholic beverages is allowed.
12. Food – The purchase of food on a City Cal-Card is not permitted unless it is made to support a City program/event. When such purchases are made with a Cal-Card, a Cal-Card Confirmation Form must be completed and provided to the Finance Department.
The purchase of food on a City Cal -Card while traveling is strictly prohibited and may result in the revoking of a Cal-Card.
13. Fuel/Electric Charging – Purchases of gasoline and/or electric charging for both City and personal vehicles is not allowed.
14. Gift Cards/Employee Recognition Items – The purchase of gift cards for employee recognition and/or other incentive items on a City Cal- Card is strictly prohibited.
The aforementioned purchases must be submitted to, and approved by, the Human Resources Department. Once approved, only the Finance department is allowed to make such purchases on behalf of a requesting department.
Gift cards may be paid with City Cal -Card if they are purchased to support a City program/event for the community. When such purchases are made with a Cal - Card, a Cal -Card Confirmation Form must be completed and provided to the Finance Department.
15. Inappropriate Use Of City Funds – The purchase of any product or service normally considered to be an inappropriate use of City funds is NOT allowed.
16. Additional limitations – Any Department participating in this program may add regulations and restrictions to this list for its employees. When such regulations and restrictions are implemented, the Finance Department must be notified to support said regulations and restrictions.
EXCEPTIONS
In order to maintain controls and provide flexibility to departments as needed, the following exceptions apply:
1. Finance Authority – The Finance Department may from time to time be exempt from the aforementioned card restrictions when the need for the purchase is deemed necessary and the restriction could result in a disruption to City operations. Departments needing to make purchases that fall within the card restrictions should consult with, and make a request to, the Finance Department to determine the need and make the transaction on the department’s behalf.
No other department is exempt from such restrictions, unless it is approved by the 42 City Manager.
2. Emergencies – Purchases made on a Cal -Card for emergencies are permissible so long as the purchase is within the transaction limits of the user. All purchases made for emergencies require a report to the City Council at the next available City Council Agenda.
ACQUIRING THE PURCHASING CARD
1. Acquiring The Purchasing Card - To start the process, send a "Request for Purchasing Card" form to the Finance Department through the department’s Approving Official. Upon receipt, the Purchasing Agent will review the request, add the employee’s name to the program, and forward a request for a card to the bank.
2. Training - It is mandatory that employees attend training on the proper use of the card and the monthly reporting of all program transactions.
3. Personal Signature/Acknowledgement - After employees have successfully completed the training program, the Finance Department will provide the card, and the employee will be required to sign an acknowledgement that they understand and agree to comply with the laws, rules and regulations governing its use.
4. Forms - Forms have been developed for use in the program. These forms are located on the shared citywide drive (W: \), in the Forms folder (Purchasing Card Program sub-folder). The following forms are included:
a. Request for City Purchase Card
b. Cardholder Statement of Questioned (Disputed) Item
c. Purchasing Card Issuance and Acknowledgement
d. Cal-Card Confirmation Form (when food, gift cards, etc. are purchased)
ACTIVATING THE CARD
Activate the card by removing the CCRV (Credit Card Receipt Verification) strip. Call the phone number and follow the prompts. Instructions are included with your card.
Cardholder must register of online access on the US bank website.
USING THE PURCHASING CARD
The purchasing card is used like any other credit card, but it does not affect the user’s personal credit rating or personal accounts. This is strictly a business card and the merchants accepting the card are engaging in City business.
1. Any Merchant – Employees may use their card at any business that accepts credit cards unless specified otherwise in this policy.
2. Credit Card Payment Slip – The payment slip should include the following information:
a. The merchant’s name, address and identification number. b. The last 4 digits of the account number, the expiration date, and the employee’s name.
c. The date and the amount of the purchase,
d. Itemized description of item(s) purchased - not all vendors will provide this information.
e. Online/telephone transaction may provide email confirmation with the information listed above.
43 3. Signature - The merchant will request the cardholder to sign the merchant copy of the credit card payment slip. Verify that the dollar amount is correct and that sales tax has been included.
4. Proof Of Purchase – The cardholder will be provided with the customer copy of the credit card payment slip, which should be kept in the Monthly Receipt Envelope. If the credit card payment slip does not have itemized information, obtain this information from the vendor. Cardholders will need itemized purchase receipts to verify the charges listed on the monthly statement of account.
5. Prepare for Month- End Report - After using the purchasing card, the cardholder must prepare for the required month- end reporting process. Receipt envelopes have been provided for this purpose.
6. Organization - All receipts and other documents associated with the use of the card must be placed in the envelope for reconciliation with the month- end bank statement.
7. Forward the Package - Upon verification of the charges for the month, forward the entire package to the department Approving Official for approval of payment, once approved, the package should be sent directly to the Finance Department.
8. Security – The cardholders responsibility for the proper use of a purchasing card includes, of course, the proper accounting of its use. Keep receipt envelopes in a safe, secure place.
DOCUMENTATION
1. Proof Of Purchase - Any time a purchase is made using the card, a receipt itemizing each item purchased along with the credit card payment information must be retained as proof of purchase.
2. Missing Receipts - In the event a cardholder has misplaced or is not in possession of a receipt, a memo can be submitted in lieu of receipts. The memo must state the purchase, itemizing the amount when needed, and signed by the department head. If an employee misplaces more than three receipts during a fiscal year, the Cal-card will be revoked.
3. Shipping Documents - Shipping documents will be attached to proof of purchase, if available.
BOOKKEEPING, RECONCILLIATION, AND PAYMENT PROCEDURES
INDIVDUAL CARD HOLDERS
Each month, each cardholder will have to download the bank statement from the US Bank website, verify the correctness of the charges it contains, attach the receipts, and forward the package to your Approving Official.
1. Statement of Account – Billing cycle closes each month on the 23 rd day.
Statements need to be download by each cardholder. The statement will itemize each transaction charged to your purchasing card. The following information must be provided:
44 a. Account Codes - Insert the account code for each transaction on the statement.
b. Documentation - Verify that there is an itemized sales receipts and packing slips (if available) for each charge listed on the statement of account. c. Any billing errors or adjustments should be noted on the statement of account.
2. Submit - The completed and verified statement and receipts must be submitted to the Approving Official, by the 26th of each month.
a. The Approving Official must sign and submit the approved statement with documentation to the Finance Department by the last day of each reporting month.
b. If the 23
rd or the last day of the month falls on either a weekend or a dark Friday, statements are due to Approving Official on the following Monday.
3. Credit Voucher - If an item is returned for credit, include the credit voucher with the statement on which the credit appears.
4. Missing Documents – If, for some reason, the cardholder does not have documentation of the transaction to send with the statement, he/she must attach a memorandum explaining why there is no supporting documentation and include a description of the item, the date of purchase, and the merchant’s name. This is not to be used as a regular process to replace missing receipts. If more than three transaction documents are missing in a fiscal year, the Cal-card will be revoked.
5. On-Leave - If an employee will not be available to sign a statement because of leave or travel, forward all sales receipts and credit vouchers to the department Approving Official. The Approving Official will sign and forward the envelope to the Finance Department. However, paperwork should be submitted prior to any leave for an extended period of time.
6. Questioned Purchase - If the department Approving Official questions a purchase made with a purchasing card, the cardholder must be able to explain the nature of the purchase.
a. Investigation - If the cardholder cannot substantiate the purchase was necessary and for official use, a department will investigate to determine improper use of the purchasing card.
b. Disciplinary Action - Any resulting disciplinary action is handled directly by a Department Director.
PAYMENT AND INVOICE PROCEDURES
1. Statement of Account - The bank will provide a summary statement of account to the Purchasing Agent and a copy to each cardholder at the end of the billing cycle.
The statement of account will have a listing of all items processed in the previous thirty days.
2. The summary statement of account will be reviewed by the Purchasing Agent and then submitted to Accounts Payable for payment, in order to maximize the amount of rebate received.
45 a. Questions regarding individual charges may be brought to the attention of card holders at this time.
3. Completed and verified individual cardholder statements will be returned to the Finance Department. These statements will be reviewed for completeness.
4. Cardholder Reconciliation - The cardholder reviews the statement of account for the following:
a. Errors in Billing – make notes on the bill.
b. Attach copies of all itemized receipts and credit card payment slips to his/her copy of the statement.
c. Assign budget account codes to each item.
d. Signs statement, certifying that the listed items were purchased for the City.
e. Forwards the statement to the Approving Official not more than three working days from its receipt.
5. Review and Approval - The Approving Official is responsible the following:
a. Review completed statements from all cardholders assigned to them. i. If statement is not received it is his/her responsibility to contact the cardholders and have the statements completed at once.
b. Resolve any outstanding questions regarding purchases made by cardholders.
c. Approving expenses by signing account statements.
d. Forward completed statements of account with all documentation to the Finance Department within one working day after receipt from the cardholders.
6. Finance Staff will review each cardholders statement for the following:
a. Verify that each item purchased complies with the City of Norwalk purchasing ordinance or its policies and procedures.
b. Verify that sales tax was charged for items purchased- collect information for quarterly sales tax payment.
c. Check purchases for items that may require Inventory control tags.
7. Finance Staff member will post all transactions to Funding Accounting after review is complete.
46 APPROVAL ISSUES
No policy statement can totally define all transaction approvals. The position of Approving Official was created because the people assigned to the task have both the supervisory responsibilities and knowledge of the cardholder’s job responsibilities to understand what is and is not appropriate and to deal with issues that evolve. The Approving Official must review each cardholder's purchases and the actions of the merchant who made the sale, in order to determine if the items were for official use and are allowed to be purchased within this program. If, for any reason, the Approving Official questions a purchase, it is his/her responsibility to resolve the question with the cardholder.
1. Proof Of Return - If the Approving Official cannot be satisfied that a purchase was necessary and for official use, then the cardholder must provide a credit voucher proving that the items(s) were returned for credit.
2. Investigation – It is the responsibility of the Approving Official to resolve questions regarding possible improper use of the purchasing card. If the cardholder cannot provide such credit voucher, the Approving Official must investigate the matter.
3. Disciplinary Action – Whenever the Approving Official determines that an employee has used a purchasing card improperly, he or she will provide a written report to the Purchasing Agent explaining the situation and the conclusions he or she reached. The Purchasing Agent is responsible for notifying the Department Director and the City Manager and recommending disciplinary action for any misuse of the card.
4. Theft Or Other Crime – If it is determined that the misuse of the card involved theft or any other crime, the Purchasing Agent will report the matter to the Sheriff’s Department.
DISPUTED TRANSACTIONS
In the course of day -to-day business, purchased items are not always satisfactory and adjustments are occasionally needed. If any items purchased with the card are defective or the repair and/or service is faulty, the cardholder is responsible for resolving the problem with the merchant. If the merchant refuses to replace or correct the faulty item or to give the cardholder credit for its return, then the purchase is considered to be in dispute.
1. Statement Of Questioned Items - A disputed item should be identified on the cardholder's Statement of account. A Statement of Questioned Items form must be completed by the cardholder and the appropriate documentation must be attached. This form shall be forwarded with the statement of account through the Approving Official to the Purchasing Agent for disposition by the bank. Once the bank has disposed of the matter, the Purchasing Agent will notify the cardholder and Approving Official of the action taken.
2. Reconciliation - When a disputed charge appears on your statement, you must assign it a City budget account number, so it can be debited. Once the problem is resolved and a credit shows on your statement, assign it the same account number for credit. As long as a charge is shown on your statement with no offsetting credit, payment must be made.
47 3. Reversal Of Charges – Protect your right to dispute a charge. Reports of disputed items must be submitted within the 45-day period established by the bank.
4. Help – For any questions regarding the information on the form, or for any problems regarding the reversal of a transaction, please contact the Finance Department.
LOST OR STOLEN CARDS
If your card is lost or stolen, immediately notify your Approving Official, the Finance Department and the bank. In the case of a crime, such as robbery, burglary, or theft, notify the police or Sheriff’s Department in the area where the crime occurred.
1. Information To Report - Provide the following information to your Approving Official and the Purchasing Agent your complete name, card number, date reported to the police, if applicable, date and time the bank was notified, and any purchases made on the day the card was lost or stolen.
2. Approving Official Report - The Approving Official must submit a written report to the Purchasing Agent within three working days of receiving such notification. The report should state the date the loss was discovered, the location where the theft or loss occurred, if known, and any other relevant information.
3. New Card Issued - A new card is issued by the bank within five (5) business days from the time that you report the loss or theft. A new personal account number is assigned to your new card.
CHANGES
Employee status changes may require the cancellation of an existing card and the issuance of a new card.
1. New Name, Address, Department - Changes to your name, address, or Department/Division may result in the cancellation of your card. A new card may need to be issued. The cardholder is responsible for reporting the change and submitting the new application.
2. Leaving City Employment: - Your authority to use the card is automatically cancelled upon leaving City employment.
a. Final Paperwork - Submit your completed envelope and purchasing card to your.
b. Approving Official. The Approving Official is responsible for turning it in the packet and card to the Purchasing Agent.
a. Don’t Use It - If you fail to turn in your purchasing card upon leaving City employment, do not purchase with it. Any charges made after your termination date or following the last date you were authorized to make a purchase for the City will not be honored and you will be responsible for the charges.
b. Card not retrieved - If the Approving Official is not able to retrieve the card 48 before a cardholder leaves the City, he or she must immediately notify the Purchasing Agent so they can immediately contact the bank and void the card.
INVENTORY
The Purchasing Agent may request a physical inventory of the cards at any time. The Approving Official will verify the cards and report the results to the Purchasing Agent.
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: James C. Parker, Executive Director of Regional Transportation Theresa Clark, Transit Administration Officer
Miguel Garcia, Fleet Maintenance Manager
Janet Welde, Senior Management Analyst
SUBJECT: AGREEMENT – CUMMINS PARTS AND MINOR REPAIR SERVICES FOR
NORWALK TRANSIT SYSTEM
Background:
On March 28, 2024, the City issued an Invitation for Bid (IFB) No. 24-763 for Cummins Original Equipment Manufacturer (OEM) Parts and Minor Repair Services for Norwalk Transit System (NTS). The purpose of the IFB is to acquire Cummins OEM parts and repair services for the NTS fleet that includes and an aging Compressed Natural Gas Fleet and first generation of Zero Emissions Buses (ZEBs) that are no longer under warranty.
NTS received three (3) bids including 1) Cummins, Inc., 2) Harbor Diesel & Equipment, Inc., 3) Rush Truck Centers of California, Inc. Staff reviewed the bids and determined that Cummins, Inc. provided the lowest and most responsive/responsible bid.
Fiscal Impact:
NTS is seeking a three year contract, plus two one-year options. Cost for the first year of the contract totals $70,000 which is included in the Fiscal Year 2024/25 Transportation Department adopted budget. There is no impact to the general fund.
Citizens Advised:
N/A
City Council June 18, 2024
Agreement – Cummins, Inc Page No. 2
8 9
1 Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve a three year agreement, from July 1, 2024 through June 30, 2027 with Cummins, Inc. for Cummins OEM Parts and Minor Repair Services with an option to extend the agreement for two one-year periods for a total contract value of $350,000; and authorize the City Manager to execute the agreements, and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
Attachments:
1. Agreement
2. SB 1439 - Campaign Contribution Form
1 SERVICE AGREEMENT FOR CUMMINS ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS AND MINOR REPAIR SERVICES
(City of Norwalk)
THIS SERVICE AGREEMENT (“Agreement”) is dated July 1, 2024 (“Effective Date”), and is between the City of Norwalk, a California municipal corporation (“CITY”) and Cummins, Inc. , a n Indiana corporation (“ CONTRACTOR”). The CONTRACTOR and CITY are sometimes referred to herein collectively as the “Parties” and singularly as “Party”.
R E C I T A L S
A. CITY desires to utilize the services of an independent contractor to provide Cummins OEM parts and minor repair services.
B. CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. CITY desires to retain CONTRACTOR and CONTRACTOR desires to serve CITY to perform these services subject to the terms contained herein and all applicable local, state, and Federal regulations.
The parties therefore agree as follows:
1. CONTRACTOR’s Services.
1.1 Scope of Work . CONTRACTOR shall perform the specific work more particularly described in Exhibit A for the Project, and in accordance with the provisions of Invitation for Bid (“IFB”) No.24-763 and all Addenda.
1.2 IFB No.24-763 and Addenda. CONTRACTOR has confirmed receipt of all Addenda amending IFB No. 24-763, and CONTRACTOR, in the performance of all services required under this agreement, shall adhere to IFB No.24-763 and all Addenda provided to CONTRACTOR.
1.3 Personnel. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the work under this Agreement. All of the work required under this Agreement will be performed by CONTRACTOR or under its supervision, and all personne l engaged in the work shall be qualified to perform such work.
1.4 Party Representatives . For purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated by the City Manager (the “City Representative”). For purposes of this Agreement, the Contractor Representative shall be Doug Sperry (the “Contractor Representative”).
ATTACHMENT NO. 1
2 1.5 Time of Performance. CONTRACTOR shall commence the services required under this Agreement immediately upon receipt of a Purchase Order (“PO”) for such services from the City Representative, or his or her designee.
2. Term of Agreement. The term of this Agreement shall be from July 1, 2024 to June 30, 202 7 (“initial term”). CITY may review the CONTRACTOR’s performance under the Agreement and, upon mutual agreement with CONTRACTOR, may extend the Agreement beyond the initial term for two (2) additional one (1) year periods from July 1st through June 30 th of each year thereafter, unless sooner terminated as provided in Section 13 herein.
3. Compensation.
3.1 As full compensation for CONTRACTOR’s services provided under this Agreement, and subject to the maximum amount of compensation hereafter provided, CITY shall pay CONTRACTOR in accordance with the rates set forth in Exhibit B (“Price Sheet”). CITY shall not pay CONTRACTOR rates higher than those specified in Exhibit B, unless mutually agreed by the City Council and the Contractor Representative.
CITY shall not allow any claims for additional products provided or services performed by CONTRACTOR, unless the City Council or the City Manager, as authorized, authorizes the additional products or services in writing prior to CONTRACTOR’s provision of t he products, performance of the additional services or incurrence of additional expenses. Any additional products or services authorized by the City Council shall be compensated at a rate mutually agreed to by the parties. Any additional services authorized by the City Manager, including pursuant to an extension or amendment of this Agreement, shall be compensated at a rate mutually agreed to by the parties and only if the funds for the additional services are included in the adopted budget.
CITY shall m ake payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
4.1 Invoices. CONTRACTOR shall submit to CITY detailed monthly invoices for all services performed and expenses incurred, if any, pursuant to this Agreement during the prior month. CITY shall review invoices and notify CONTRACTOR within ten (10) business days of any disputed amounts. Invoices are subject to approval by the City Representative, or his or her designee.
4.2 Payment. CITY shall pay all undisputed portions of an approved invoice within thirty (30) calendar days after receipt of the invoice. CITY shall not withhold federal payroll, state payroll and other taxes, or other similar deductions from each payment made to CONTRACTOR.
4.3 Audit of Records . Upon CITY providing 24 -hour prior notice, CONTRACTOR shall make all records, invoices, timecards, cost control sheets and other 3 records maintained by CONTRACTOR in connection with this Agreement available to CITY for review and audit by CITY. CITY may conduct such review and audit at any time during CONTRACTOR’s regular working hours.
5. Standard of Performance . CONTRACTOR shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to CITY.
6. Ownership of Work Product . All reports, documents or other written material (collectively, “work product”) developed by CONTRACTOR in the performance of this Agreement shall be and remain CITY’s property without restriction or limitation upon its use or dissemination by CITY. Wo rk product shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of work product on any project other than the Project shall be at CITY’s sole risk, unless CITY compensates CONTRACTOR for such reuse.
7. Status as Independent Contractor . CONTRACTOR is, and shall at all times remain as to CITY, a wholly independent contractor. CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of CITY. Neither CITY nor any of its agents shall have control over the cond uct of CONTRACTOR or any of CONTRACTOR’s employees, except as set forth in this Agreement. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of CITY. CONTRACTOR shall pay all required taxes on amounts paid to CONTRACTOR under this Agreement, and indemnify and hold CITY harmless from any and all taxes, assessments, penalties and interest asserted against CITY by reason of the inde pendent contractor relationship created by this Agreement. CONTRACTOR shall fully comply with the workers’ compensation law regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR shall indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY may offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section 7.
7.1 In the event that CONTRACTOR or its employee, agent, or subcontractor providing Services under this Agreement, claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold CITY harmless for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
7.2 The Parties further acknowledge the following: (i) that CONSULTANT shall provide the Services outlined in the Scope of Services directly to CITY; (ii) CONSULTANT maintains a business location at the address listed under Section 13 that is separate and 4 distinct from the CITY; (iii) CONSULTANT contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the CITY; (iv) CONSULTANT advertises and holds itself out to the public as available to prov ide the same or similar services; (v) unless otherwise specified in this Agreement, CONSULTANT provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) CONSULTANT has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the CITY’s business hours and CITY staff availability, CONSULTANT may set its own hours and location of work.
8. Confidentiality. CONTRACTOR covenants that all data , documents, discussion, or other information (collectively “data”) developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR to any person or entity without CITY’s prior written authorization. CITY shall grant such authorization if disclosure is required by law.
CONTRACTOR shall return all data to CITY upon the expiration or termination of this Agreement. CONTRACTOR’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflict of Interest . CONTRACTOR and its officers, employees, associates and subcontractors, if any, will comply with all conflict -of-interest statutes of the State of California applicable to CONTRACTOR’s services under this Agreement, including, without limitation, the Political Reform Act (Cal. Gov. Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, CONTRACTOR shall may perform similar services for other clients, but CONTRACTOR and its officers, employees, associates and subcontractors shall not, without the City Manager’s prior written approval perform work for another person or entity for whom CONTRACTOR is not currently performing work that would require CONTRACTOR or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict-of-interest statute.
10. Indemnification. CONTRACTOR shall indemnify, defend and hold harmless CITY, and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors and assigns in accordance with the Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached as Exhibit C. CONTRACTOR’s covenant under this Section 10 and shall survive the expiration or termination of this Agreement.
11. Insurance.
11.1. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best Insurance Rating Guide, and approved by CITY, a policy or policies of:
(1) broad -form commercial general liability insurance of One Million Dollars ($1,000,000) combined single limit and Two Million Dollars ($2,000,000) aggregate 5 coverage against any injury, death, loss or property damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of work under this Agreement;
(2) automobile liability insurance, with minimum combined single limit coverage of One Million Dollars ($1,000,000);
(3) workers’ compensation insurance with a minimum limit of One Million Dollars ($1,000,000) per accident or the amount required by law, whichever is greater, unless otherwise agreed to by City Manager or designee in writing.
CITY, its officers, employees, attorneys, and designated volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automobile liability coverages with respect to liabilities arising out of CONTRACTOR’s work under this Agreement.
11.2 Each insurance policy required by this Section 11 shall be endorsed as follows: (1) the insurer waives the right of subrogation against CITY and its officials, officers, employees, agents and representatives; (2) except for the workers’ compensation policy, the policies are primary and non -contributing with any insurance that may be carried by CITY; and (3) the policies may not be canceled or materially changed except after thirty (30) calendar days’ prior written notice by insurer to CITY, unless canceled for non-payment, then ten (10) calendar days’ notice shall be given.
11.3 All insurance coverages shall be confirmed by execution of endorsements required under Section 11.2. CONTRACTOR shall file the endorsements with CITY on or before the Effective Date of this Agreement, and thereafter maintain current endorsements on file with City Clerk. The endorsements are subject to CITY’s approval. CONTRACTOR shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11.
12. Cooperation. In the event any claim or action is brought against CITY relating to CONTRACTOR’s performance of services rendered under this Agreement, CONTRACTOR shall render any reasonable assistance and cooperation that CITY requires.
13. Termination. Either party may terminate this Agreement for any reason without penalty or obligation on thirty (30) calendar days’ written notice to the other party.
CONTRACTOR shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and CONTRACTOR shall deliver all materials, reports, documents, notes, or other written materials compiled through the last working day the Agreement is in effect. Neither party shall have any other claim against the other par ty by reason of such termination.
14. Notices. Any notices, consent, request, demand, bill, invoice, report or other communications required by or permitted under this Agreement shall be in writing 6 and given by first class U.S. mail or by personal service. Notices shall be conclusively deemed received on: (a) personal delivery; (b) confirmed delivery by courier service during CONTRACTOR’s and CITY’s regular business hours or by facsimile before or during CONTRACTOR’s regular business hours; or (c) on the third (3 rd) business day following deposit in the United States mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section 14.
All notices shall be delivered to the parties at the following addresses:
If to CITY: City of Norwalk
Attn: City Clerk
12700 Norwalk Boulevard
PO Box 1030
Norwalk, CA 90651-1030
Fax: (562) 929-5773
With a copy to: City of Norwalk
Attn: James C. Parker, Executive Director of Regional
Transportation
12700 Norwalk Boulevard
PO Box 1030
Norwalk, CA 90651-1030
Fax: (562) 929-5572
If to CONTRACTOR: Cummins, Inc.
Attn: Corey Carlson
500 Jackson Street
Columbus, IN 47201
Email: [email protected]
15. Non-Discrimination and Equal Employment Opportunity . In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. CONTRACTOR shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
16. Non-Assignability; Subcontracting. CONTRACTOR shall not assign or subcontract all or any portion of this Agreement, unless otherwise approved by CITY.
Any attempted or purported assignment or subcontracting by CONTRACTOR in violation of the provisions of this Section 16 shall be null, void and of no effect. 7 17. Compliance with Laws. CONTRACTOR shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in the performance of this Agreement, including all federal and state grant funding requirements applicable to this Agreement.
17.1 COVID-19. CONSULTANT shall adhere to all COVID-19 related protocols established by the Los Angeles County Department of Public Health (“County Health Department”) and/or the State of California. Consultant is responsible for providing their own Personal Protective Equipment, if applicable, in accordance with the County Health Department guidelines.
18. No Third Party Beneficiaries Intended . Unless otherwise expressly provided for in Exhibit A, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Non-Waiver of Terms, Rights and Remedies . Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by CITY of any payment to CONTRACTOR constitute or be construed as a waiver by CITY of any breach of covenant, or any default which may then exist on the part of CONTRACTOR, and the making of any such payment by CITY shall in no way impair or prejudice any right or remedy available to CITY with regard to such breach or default.
19. Attorney’s Fees . In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorneys’ fees.
21. Exhibits; Precedence . All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by refere nce, the provisions of this Agreement shall prevail.
22. Governing Law and Choice of Form . This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Norwalk. 8 23. Entire Agreement . This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between CONTRACTOR and CITY. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.
24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
[SIGNATURE PAGE FOLLOWS]
9 The parties, through their respective authorized representatives, are signing this Agreement on the date stated in the introductory clause.
CITY OF NORWALK
a California municipal corporation
By:
Jesus M. Gomez,
City Manager
Date:___________________________
ATTEST:
By:
Theresa Devoy, CMC, City Clerk
APPROVED AS TO FORM:
By: _____________________________
Arnold M. Alvarez-Glasman, City Attorney
CUMMINS, INC.
By:
Name:
Title:
By:
Name:
Title:
(Please note, two signatures required
for corporations under Cal. Corp.
Code, § 313, unless corporate
documents authorize only one person
to sign this Agreement on behalf of
the corporation.)
EXHIBIT A
SCOPE OF SERVICES
1. Project Overview and Objective. The City of Norwalk Department of Transportation is seeking bids from qualified firms to provide Original Equipment Manufacturer (OEM) Cummins parts and minor repairs for its fleet of Gillig buses equipped with CNG ISL-G and L9N Cummins engines.
2. Qualifications. All contractors must possess the ability and knowledge to perform minor Cummins engine repairs to a 40ft bus. Please refer to Exhibit J for bus specifications.
2.1 Cummins – Contractor shall be a certified Cummins dealer authorized to sell and/or repair Cummins CNG Engine components.
3. OEM Cummins Parts. All parts are to be Original Equipment Manufacturer (OEM).
No Aftermarket substitutes allowed. This contract will cover, but not limited to the following bus parts:
• Oil Filter
• Temperature sensor
• Lubricating oil filter element
• Ignition coil
• Sparkplug kit
• Spark plug boot
• Spark plug
• Thermostat
• Water pump kit
• Oil pan gasket
• Pressure sensor
• Oxygen sensor
• Flow measurement venturi
• Valve exhaust gas
• Turbo charger speed sensor
• Clamp band
• Position sensor
• Pressure sensor
• Humidity sensor
• Knock sensor
• Ignition module
• Mass airflow sensor
• Air control valve
• Fuel control valve
• Wiring harness
• Rear main seal
EXHIBIT A
• Crank shaft pulley
3.1 Delivery. Contractor shall deliver OEM Cummins parts to the City of Norwalk’s Transportation/Public Services Facility located at 12650 Imperial Hwy.
Norwalk, CA 90650. OEM Cummins parts are to be delivered between 8:00am- 6:00pm Monday through Friday. Parts to be delivered within seven (7) business days unless specified ETA is mutually agreement between the City and Contractor.
3.1.1 Delivery Charges. Any delivery charges, air freight, next day air shall be invoiced on the same invoice as the parts(s). The Fleet Maintenance Manager, or designee must give written approval for such charges.
3.2 Bill of Lading. Bidder will comply with industry standards for packaging and delivery of orders. All parts delivery must be signed by a City employee and accompanied by a Bill of Lading or equivalent.
3.3 The Contractor will perform all packing, shipping, and freight of supplies procured by this IFB.
3.4 Discrepancies related to wrong parts, quantities, or delivery will not be accepted by the City. All costs related to problems caused by Contract will be borne by the Contractor. This includes prepaid shipping for goods that were shipped incorrectly.
3.5 The contractor shall assume all responsibility and risk of loss incident to said deliveries.
3.6 The event the delivery of OEM Cummins parts under the IFB are delayed because of strike, injunctions, government controls, or act of God having a direct effect on the manufacture and delivery of the OEM Cummins parts that could not have reasonably been anticipated by the Contractor, the Contractor shall notify the City immediately.
4. Return Policy. Any OEM Cummins parts that are defective or nonconforming, or not correct due to the Contractor’s error, shall be returned to the Contractor at no charge to the City.
5. Repairs. The contractor shall have the ability and expertise to perform minor repairs on the Cummins CNG ISL-G and L9N engines in accordance with Cummins specifications and requirements. Contractor shall provide furnish all labor, OEM parts, materials, equipment, and supplies. All parts used shall be genuine Cummins parts. No aftermarket parts will be accepted.
EXHIBIT A
5.1 Component Inspection. If any of the parts to be re-used fail their inspection with any type of repair services, the Fleet Maintenance Manager must be notified immediately via email with price quote for the cost of new component(s).
6. Possession of Vehicle. When the City vehicle is in the possession of the Contractor, the Contractor shall securely store the City vehicle and all its ancillary componentry installed in or on the City vehicle at the Contractor’s facility. The Contractor shall be solely responsi ble for the City vehicle and its contents during the Contractor’s possession.
6.1 Accidents/Incidents - Vehicles. The contractor shall immediately notify the City in writing if the City vehicle was involved in an accident or incident. If applicable the City will coordinate any necessary repairs.
6.2 Accidents/Incidents - Personnel. Contractor shall provide to the City a written notification of the personnel that were injured while working on a City vehicle within seven (7) working days of the accident/incident and notice shall include the nature of the injury and treatment performed.
7. Return of Vehicle After Repair. The city shall be responsible for picking up vehicle after completion of repairs. The City shall pick up the vehicle from the Contractor Monday through Friday between the hours of 8:00am-4:00pm.
7.1 CITY shall inspect repaired vehicle utilizing the City’s completed Pre-Inspection Checklist to ensure additional damages were not incurred and/or missing components discovered Contractor’s possession of City vehicle prior to City taking possession of the vehicle from Contractor.
7.2 Should the City determine that there is additional damage and/or missing components from the City vehicle, City shall not accept the vehicle without Contractor’s written acknowledgement on the City’s Pre- Inspection Checklist. A formal written notification from the City to the Contractor shall be provided to the Contractor within seven (7) business days of discovery of additional damage and/or missing components.
7.3 If it is determined that additional damages and/or missing components occurred when the vehicle was in possession of Contractor, the Contractor will be financially responsible for repairing additional damage and/or replacing missing components within thirt y (30) business days from discovery.
8. Additional Repairs and/or parts. Contractor shall submit a written notification to NTS within twenty-four (24) hours of any additional repairs and/or parts needed and provide
EXHIBIT A
a revised estimate within five (5) business days from initial written notification to NTS.
NTS shall provide a change order. The contractor shall not commence additional repairs or procure additional parts without Fleet Manager issued Purchase Order change.
9. Acceptance of Work.
a. All work performed by the Contractor shall be approved by the Fleet Maintenance Manager or designee.
b. Contractor shall record, maintain and be responsible for ensuring that all OEM specifications and procedures are followed during all repairs.
10. Quality of Work. The quality of work shall be in accordance with Cummins procedures and specifications.
11. Warranty. CONTRACTOR shall guarantee the work product against all defects in workmanship or materials. All work performed shall be subject to an unconditional repair warranty of one (1) year on labor and the repair part(s) shall be in accordance with the OEM warranty.
12. Cores. The bid price of cores will not be considered in adjudication of bids. Bidders are responsible for core pick-up at no additional charge to the City. If core is acceptable, Contractor to credit the City within thirty (30) days of receiving core.
13. Regulatory Compliance. Contractor shall comply with all applicable federal, state, local laws and regulations and shall provide all Material Safety Data Sheets (MSDS) if applicable.
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT C
Cummins Inc. (dba Cummins Sales and Service)
May 6th 2024
ATTACHMENT NO. 2
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Jacqueline Koontz, Senior Civil Engineer
Julio Gonzalez, Associate Engineer
SUBJECT: PROJECT NO. 7872 - RESOLUTION NO. 24-33 - BUDGET AMENDMENT - AWARD OF CONTRACT FOR – TRANSPORTATION CENTER AND SOCIAL
SERVICES PARKING LOT RESURFACING
Background:
On April 25, 2024, City Staff solicited a Notice Inviting Bids for Project No. 7872, Transportation Center and Social Services Parking Lot Resurfacing (Project). The Project will rehabilitate parking lots for the City’s shared Transportation Center, and the Social Services Center and Alondra Library. The scope of work includes for pavement surface preparation, specific location pavement repairs, pavement resurfacing, and pavement markings restoration.
The City held two pre-bid meetings which included site visits for both project locations. Five contractors attended the first pre-bid meeting held on May 2, 2024. Two contractors attended the second pre-bid meeting held on May 13, 2024. Bids were due on May 20, 2024, at 10 a.m.
Two Bids were received in response to this solicitation.
All American Asphalt: $395,021
MAJ Engineering: $278,983
City staff reviewed bids for accuracy, costs, contractor experience, work on similar projects, and references. The bid submitted by MAJ Engineering was non-responsive. All American Asphalt was the lowest responsible and responsive bid for the Project. As a result, staff recommends awarding the project contract to All American Asphalt of Corona California based on their bid and qualifications. All American Asphalt has recently completed similar projects within the City and nearby cities like Monterey Park, Loma Linda and Ontario.
City Council June 18, 2024
Resolution No. 24-33 Budget Amendment and Award of Contract For Project No. 7872
Page No. 2
9 0
0 The following is a breakdown of the project’s estimated total cost. Total project costs will include project management and inspection, and City staff involvement:
Construction Cost $ 400,000
Contingency (8%) $ 32,000
Management and Inspection (5%) $ 20,000
Total Estimated Costs: $ 452,000
Construction is scheduled to start in late June 2024 and is expected to be completed by mid- September 2024. The contractor will have 20 working days from issuance of the Notice to Proceed to complete the Project.
Fiscal Impact:
Gas Tax funds have been identified as an available and eligible funding source for the Project.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal 2: Work in Partnership with Our Community to Achieve Safe and Livable Neighborhoods; Objective 1: Re-invest in existing and aging infrastructure.
Recommended Action:
Staff recommends City Council:
a. adopt Resolution No. 24-33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2024/25
PROPOSED BUDGET TO APPROPRIATE AVAILABLE GAS TAX FUNDING TO PROJECT NO. 7872 – TRANSPORTATION CENTER AND SOCIAL SERVICES PARKING LOT RESURFACING, in the amount of $452,000; and b. award a construction contract to All American Asphalt for Project No. 7872, Transportation Center and Social Services Parking lot resurfacing, in the amount of $395,021; and authorize the City Manager to execute the contract, and amendments if it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
City Council June 18, 2024
Resolution No. 24-33 Budget Amendment and Award of Contract For Project No. 7872
Page No. 3
9 0
0 Attachments:
1. Resolution No. 24-33
2. Location Map
3. Campaign Contribution Form
RESOLUTION NO. 24-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2024/25
PROPOSED BUDGET TO APPROPRIATE AVAILABLE GAS TAX
FUNDING TO CITY PROJECT NO. 7872 – TRANSPORTATION CENTER
AND SOCIAL SERVICES PARKING LOT RESURFACING
WHEREAS, the City plans to rehabilitate parking lots for the City’s shared Transportation Center, and the Social Services Center and Alondra Library; and WHEREAS, the proposed Fiscal Year (FY) 2024/25 Capital Improvements Project (CIP) Budget does not include Project No. 7872, Transportation Center and Social Services Parking Lot Resurfacing (Project); and
WHEREAS, the total Project costs for construction, construction management and inspection, and staff administration is estimated to be $452,000; and WHEREAS, Gas Tax funds have been identified as an available funding source for the Project; and
WHEREAS, City Council desires to amend the proposed FY 2024/25 CIP Budget, once approved, to allocate $452,000 of available Gas Tax Proceeds to the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1.The City Manager is authorized to make the following appropriation and prepare the necessary budget amendment for the following account:
Account Number Increase Decrease
Expenditures:204-70-7872-2080 $452,000
Fund Balance:204-0480 $452,000
Section 2. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
APPROVED AND ADOPTED on this 18th day of June 2024.
MARGARITA L. RIOS
MAYOR
ATTEST:
THERESA DEVOY, CMC
CITY CLERK
BLVDSAN ANTONIO
166TH
ROSECRANS
ALONDRASTUDEBAKERSAN GABRIEL
RD.
PIONEER
EXCELSIOR
BLVD
ST
NORWALKBLOOMFIELDBLVD
AVE.
DR.
BLVDAVE.
CARMENITA
SHOEMAKER
RD
RD.
STUDEBAKER
IMPERIAL
LEFFINGWELL RD.FOSTERRD.
ORR & DAYFIRESTONEPIONEER
RIVER
RD.BLVD.BLVD.AVE.
HWY.CITY HALLCIVIC CENTER DR.DR.
NORWALKBLOOMFIELD
AVE.
LOCATION MAPPROJECT NO. 7872TRANSPORTATION CENTER AND SOCIALSERVICES PARKING LOT RESURFACING
PROJECT(TRANSIT BUILDING)
ELAINE AVE
PROJECT(ALONDRA LIBRARY ANDSOCIAL SERVICES)
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: James C. Parker, Executive Director of Regional Transportation Theresa Clark, Transit Administration Officer
Miguel Garcia, Fleet Maintenance Manager
Janet Welde, Senior Management Analyst
SUBJECT: AGREEMENT – BUS EXTERIOR ADVERTISING PROGRAM FOR NORWALK
TRANSIT SYSTEM
Background:
On March 21, 2024, the City issued a Request for Proposal (RFP) for Exterior Bus Advertising Program Services for Norwalk Transit System (NTS). The advertising program entails management, sales, placement, safe removal, and disposal of exterior advertising on the NTS’ fleet of fixed route buses.
On April 25, 2024, the City received a single proposal from Outfront Media Group, LLC to provide exterior advertising on NTS’ bus fleet. The proposal allocates40% of the monthly revenue derived from various advertisements (i.e. new movies in theaters, consumer products, fast food establishments, etc.) to the City. Historically, revenue sharing of 40% is standard in the transit advertising industry and is identical to the current agreement. Outfront Media Group, LLC is the current vendor of advertising on the exteriors of NTS’ buses.
Fiscal Impact:
The estimated advertising annual revenue will be $35,000 which is included in the Fiscal Year 2024/25 Transportation Department budget.
Citizens Advised:
N/A
City Council June 18, 2024
Agreement – Outfront Media Group, LLC Page No. 2
8 9
2 Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve an agreement with Outfront Media Group, LLC for Advertising Program Services for a three year term from July 1, 2024 through June 30, 2027, with an option to extend the agreement for two one-year periods; and authorize the City Manager to execute the agreement, and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
Attachments:
Campaign Contribution Form
Attachment No. 1 Campaign Contribution Form
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Mario Mera, Engineering Division Manager
Jay Kasondra, Engineering Technician
SUBJECT: RESOLUTION NO. 24-36 – ADOPTION OF LIST OF PROJECTS FOR FISCAL YEAR 2024/25 ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDS
Background:
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), also known as the Road Repair and Accountability Act of 2017. The objective of SB1 is to address deferred maintenance on local street and road systems through the prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety projects.
SB1 created the Road Maintenance and Rehabilitation Account (RMRA), to be funded and apportioned to cities based on gas and diesel fuel excise tax, vehicle registration, and the California Consumer Price Index. The exact amount that the City receives will vary annually. Below is a list of the funds received to date and Fiscal Year (FY) estimates:
FISCAL YEAR SB1 FUNDS
FY 2020/21 $1,985,094 Actual
FY 2021/22 $2,138,601 Actual
FY 2022/23 $2,204,304 Actual
FY 2023/24 $2,475,950 Actual
FY 2024/25 $2,646,659 Estimated
City Council June 18, 2024
Resolution No. 24-36 – Adoption of List of Projects for Page No. 2 Fiscal Year 2024/25 RMRA Funds
8 9
3 On March 24, 2021, the California Transportation Commission (CTC) adopted revised guidelines for RMRA funds. The guidelines state that eligible RMRA activities include but are not limited to: road maintenance and rehabilitation, safety projects, complete streets components, traffic control devices, and satisfaction of match requirements.
The guidelines also state that cities must submit a City Council approved proposed project list to the CTC. Below is a brief overview of activities in processing applications of RMRA funds and its associated dates:
Activity Annual Dates
Initial eligibility deadline for City to submit to CTC a proposed Project List that has been approved by the City Council July 1st CTC adopts list of eligible cities/counties and submits list to Controller By August 31st Subsequent eligibility deadline for City to submit to CTC a proposed Project List that has been approved by the City Council September 30th CTC adopts subsequent list of eligible city/county projects and submits list to Controller By October 31st
Controller fiscal year apportionments begin for cities/counties with subsequent eligibility November
In-Progress and Project Completion Reports Recommend: Annual Reporting of Fiscal Year Expenditures Due to Commission Staff December 1st In FY 2018/19, the City completed its first two projects funded by RMRA, Project Nos. 7916 and 7919, which resurfaced approximately 3.8 miles of residential streets. Project Nos. 7920,7934,7935, and Independent Streets and Alleys will resurface approximately 20 miles of residential and arterial streets funded by RMRA funds. The work is estimated to be complete in FY 2024/25.
Staff evaluated the various needs of the City that are eligible under SB1 funding. Street improvements were prioritized, followed by equipment purchases that can be utilized to maintain the traffic signal infrastructure. Exhibit A of Resolution No. 24-36 lists the various uses of FY 2024/25 RMRA funds accompanied by a location map (Attachment No.2) for City Council’s consideration. The list can be edited as needed throughout the year via City Council resolution.
City Council June 18, 2024
Resolution No. 24-36 – Adoption of List of Projects for Page No. 3 Fiscal Year 2024/25 RMRA Funds
8 9
3 Fiscal Impact:
Prior allocations and approved budgets are as follows:
RMRA FUNDS
FY 2022/23 FY 2023/24 FY 2024/25 NOTES
Allocations $ 2,204,304 $ 2,475,950 $ 2,646,659 Estimated State Allocation FY 2023/24
Expenditures $ (644,393) $0 $0 Expenditures
$ (13,413,904) FY 2023/24 Project Estimate
Balance $ 8,291,295 $ 10,767,245 $ 0 Estimated Balance FY 2024/25 Staff has verified the estimated RMRA allocation for FY 2024/25 at $2,646,659. Project expenditures utilizing RMRA funds are estimated at $13,413,904, which will utilize all available funds leaving a zero balance for future projects.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal 2: Work in Partnership with Our Community to Achieve Safe and Livable Neighborhoods; Objective 1- Re-invest in existing and aging infrastructure.
Recommended Action:
Staff recommends City Council adopt Resolution No. 24-36, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024/25 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
Attachments:
1. Resolution No. 24-36, including Exhibit A
2. SB1 Funded Street Improvements Location Map
RESOLUTION NO. 24-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 20 24/25
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide;
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year;
WHEREAS, the City of Norwalk must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedu le for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Norwalk will receive an estimated $ 2,646,659 in RMRA funding in Fiscal Year 2024/25 from SB 1; and
WHEREAS, this is the eighth year in which the City of Norwalk is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that wou ld not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities and project list through community forums, publication of upcoming street work in the Norwalk Now newsletter, and opportunity to give public comment at each City Council meeting; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment, with CIP No.7920, 7934, 7935, and Independent Streets and Alleys having streets with very poor rating (PCI 11-25) from the 2020 Pavement Management Study conducted by Bucknam Infrastructure Group, Inc.; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate approximately nineteen and three quarter miles residential street pavement segments with a grind and overlay treatment and/or AR cape seal w/ type II slurry, this Fiscal Year 2024/25; and
Resolution No. 24-36 Page 2 of 11
WHEREAS, the City desires to mitigate and maintain safe passage upon residential street pavements, the City will utilize pavement milling equipment to enhance its efforts of maintenance to prolong and maximize street pavement service life; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1. The forgoing recitals are true and correct.
Section 2. The proposed use of RMRA funds is listed as per Exhibit A will be funded in-part or solely with Fiscal Year 202 4/25 Road Maintenance and Rehabilitation Account revenues.
Section 3. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED on this 18th day of June, 2024.
MARGARITA L. RIOS
MAYOR
ATTEST:
____________________________
THERESA DEVOY, CMC
CITY CLERK
Resolution No. 24-36 Page 3 of 11
Exhibit A
List of Newly Proposed and Previously Adopted Projects
The following list of newly proposed and previously adopted projects will be funded in-part or solely with Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account revenues.
Project Title: City Project No. 7920 & 7934
Fiscal Year Originally Listed City Project No. 7920 FY 2018/19 Estimated Useful Project Life: 10-15 years
Design Start Date: December 2023
Estimated Design Completion: August 2024
Estimated Construction Start: October 2024
Estimated Construction
Completion:
April 2025
Project Description:
The project involves design and construction of approximately 11.6 miles of residential streets. Design accounts for field survey to determine proper drainage and assessment of pavement conditions. It also considers curb ramps that shall be in compliance with the Standards of the American Disabilities Act (ADA).
Design quantifies the improvements and prepares construction documents (Plans Specifications and Estimate) for bidding.
The construction shall address various types of concrete improvements such as curb and gutters, removal of slotted cross gutters, upgrades of accessibility ramps at intersection corners to current standards, and improvements to deteriorated alley pavements or unpaved alleys, as well as incidental adjustments to abutting sidewalks and driveways.
Project Location: City Wide – See Map
Street Name From To Length
(Feet)
Width
(Feet)
7920
1 ALBURTIS AVE ALLARD ST TINA ST 458 34
2 ALBURTIS AVE HERMES ST LAKELAND RD 236 34
3 ALBURTIS AVE CRESSON ST HERMES ST 408 34
4 ALBURTIS AVE KENNEY ST CRESSON ST 673 34
5 ALBURTIS AVE TINA ST KENNEY ST 862 34
6 ALBURTIS AVE MONDON AVE ALLARD ST 284 34
7 ALLARD ST ALBURTIS AVE PIONEER BLVD 526 34
Resolution No. 24-36 Page 4 of 11
8 BAYLA ST MONDON AVE MILANO AVE 240 28
9 BAYLA ST MILANO AVE FLALLON AVE 276 28
10 BUELL ST END W CORBY AVE 339 24
13 CORBY AVE TINA ST KENNEY ST 841 28
14 CRESSON ST JERSEY AVE FLALLON AVE 293 33
15 CRESSON ST MILANO AVE JERSEY AVE 240 33
16 CRESSON ST FLALLON AVE ALBURTIS AVE 244 33
17 CYCLOPS ST MONDON AVE END E 380 26
18 FLALLON AVE PANTHEON ST BAYLA ST 257 28
19 FLALLON AVE BAYLA ST KENNEY ST 342 28
20 FLALLON AVE KENNEY ST CRESSON ST 654 33
21 FLALLON AVE CRESSON ST END N 181 24
22 GEM ST MONDON AVE END E 243 28
23 HERCULES ST MONDON AVE END E 243 28
24 HERMES ST JERSEY AVE ALBURTIS AVE 492 34
25 HERMES ST MILANO AVE JERSEY AVE 242 28
26 JERSEY AVE CRESSON ST HERMES ST 488 28
27 KENNEY ST FLALLON AVE ALBURTIS AVE 227 34
28 KENNEY ST ALBURTIS AVE CORBY AVE 224 34
29 LAKELAND RD MILANO AVE ALBURTIS AVE 492 34
30 LAKELAND RD ALBURTIS AVE CORBY AVE 212 34
31 LAKELAND RD CORBY AVE PIONEER BLVD 280 34
32 MAIDSTONE AVE MILANO AVE (S) MILANO AVE (N) 1,092 28 33 MILANO AVE BAYLA ST PLUTON ST 701 28
34 MILANO AVE PLUTON ST MAIDSTONE AVE 251 34
35 MILANO AVE MAIDSTONE AVE CRESSON ST 196 34
36 MILANO AVE CRESSON ST MAIDSTONE AVE 288 34
37 MILANO AVE MAIDSTONE AVE HERMES ST 413 34
38 MILANO AVE HERMES ST LAKELAND RD 257 34
39 MILANO AVE LAKELAND RD CORBY AVE 819 34
40 MONDON AVE CUL
DE SAC MONDON AVE END E 121 26
41 PANTHEON ST MONDON AVE FLALLON AVE 384 28
42 PLUTON ST MONDON AVE MILANO AVE 308 28
43 TINA ST MONDON AVE ALBURTIS AVE 487 34
44 TINA ST ALBURTIS AVE CORBY AVE 244 34
45 TINA ST CORBY AVE ALLEY W/O PIONEER
BLVD 137 34
Resolution No. 24-36 Page 5 of 11
46 TINA ST ALLEY W/O PIONEER
BLVD PIONEER BLVD 124 34
47 ALLEY W/O PIONEER
BLVD TINA ST END N 848 20
48 FLALLON AVE 166TH ST HARVARD DR 145 32
49 FLALLON AVE HARVARD DR CEDARVALE ST 261 32
50 FLALLON AVE CEDARVALE ST FACULTY DR 257 32
51 FLALLON AVE FACULTY DR CHESTERTON ST 253 32
52 FLALLON AVE CHESTERTON ST DARTMOUTH DR 594 32
53 FLALLON AVE DARTMOUTH DR COLLEGE DR 260 32
54 FLALLON AVE COLLEGE DR END N 135 32
55 ALORA AVE HARVARD DR ELMHURST DR 1,063 32
56 BAYLOR DR MAIDSTONE AVE END 770 27
57 CEDARVALE ST MAIDSTONE AVE FLALLON AVE 827 26
58 CHESTERTON ST END W JERSEY AVE 319 26
59 CHESTERTON ST JERSEY AVE FLALLON AVE 464 26
60 COLLEGE DR MAIDSTONE AVE END W 809 27
61 COLLEGE DR MAIDSTONE AVE FLALLON AVE 533 32
62 DARTMOUTH DR FLALLON AVE JERSEY AVE 249 26
63 DARTMOUTH DR MAIDSTONE AVE END W 778 34
64 ELMHURST DR ALORA AVE GRAYSTONE AVE 258 32
65 ELMHURST DR GRIDLEY RD SYLVANWOOD AVE 247 32
66 ELMHURST DR SYLVANWOOD AVE MC RAE AVE 257 32
67 ELMHURST DR MC RAE AVE GARD AVE 263 32
68 ELMHURST DR GARD AVE MAIDSTONE AVE 396 32
69 ELMHURST DR JERSEY AVE END E 192 26
70 FACULTY DR MAIDSTONE AVE FLALLON AVE 822 26
71 GRAYSTONE AVE HARVARD DR ELMHURST DR 1,025 32
72 GRIDLEY RD 166 TH ST HARVARD DR 144 34
73 GRIDLEY RD HARVARD DR ELMHURST DR 1,055 34
74 GRIDLEY RD ELMHURST DR END N 130 34
75 HARVARD DR ALORA AVE GRAYSTONE AVE 258 32
76 HARVARD DR GRAYSTONE AVE LONGWORTH AVE 258 32
77 HARVARD DR LONGWORTH AVE HARVEST AVE 260 32
78 HARVARD DR HARVEST AVE GRIDLEY RD 247 32
79 HARVARD DR GRIDLEY RD SYLVANWOOD AVE 249 32
80 HARVARD DR SYLVANWOOD AVE MC RAE AVE 260 32
81 HARVARD DR MC RAE AVE GARD AVE 259 32
Resolution No. 24-36 Page 6 of 11
82 HARVARD DR GARD AVE MAIDSTONE AVE 247 32
83 HARVARD DR MAIDSTONE AVE FLALLON AVE 826 32
84 HARVEST AVE HARVARD DR ELMHURST DR 1,026 26
85 JERSEY AVE CHESTERTON ST ELMHURST DR 331 26
86 JERSEY AVE ELMHURST DR DARTMOUTH DR 279 26
87 LONGWORTH AVE HARVARD DR ELMHURST DR 1,026 26
88 HOPLAND ST PIONEER BLVD ALLEY E/O PIONEER
BLVD 158 34
89 HOPLAND ST ALLEY E/O PIONEER
BLVD ARLEE AVE 121 34
90 HOPLAND ST ARLEE AVE CLARKDALE AVE 583 34
91 HOPLAND ST CLARKDALE AVE ELAINE AVE (S) 733 34
92 HOPLAND ST ELAINE AVE (S) GRAYLAND AVE 498 34
93 HOPLAND ST GRAYLAND AVE HORST AVE 232 34
94 HOPLAND ST HORST AVE IBEX AVE 408 34
95 HOPLAND ST IBEX AVE ALLEY W/O
NORWALK BLVD 170 34
96 HOPLAND ST ALLEY W/O
NORWALK BLVD NORWALK BLVD 123 34
97 ARLEE AVE HOPLAND ST FERINA ST 260 34
98 ARLEE AVE FERINA ST HIGHDALE ST 328 34
99 BRINK AVE EXCELSIOR DR ALLEY S/O
EXCELSIOR DR 142 34
100 BRINK AVE ALLEY S/O
EXCELSIOR DR HIGHDALE ST 157 34
101 ELAINE AVE ALONDRA BLVD HAYFORD ST 221 22
102 ELAINE AVE HAYFORD ST NAVA ST 257 22
103 ELAINE AVE NAVA ST LOWEMONT ST 253 22
104 ELAINE AVE LOWEMONT ST CHESHIRE ST 253 22
105 ELAINE AVE CHESHIRE ST BARNWALL ST 253 22
106 ELAINE AVE BARNWALL ST MOLETTE ST 255 22
107 ELAINE AVE MOLETTE ST HOPLAND ST 245 22
108 ELAINE AVE HOPLAND ST FERINA ST 280 34
109 ELAINE AVE FERINA ST HIGHDALE ST 293 34
110 ELAINE AVE HIGHDALE ST ALLEY S/O
EXCELSIOR DR 157 34
111 ELAINE AVE ALLEY S/O
EXCELSIOR DR EXCELSIOR DR 142 34
112 FERINA ST ARLEE AVE ELAINE AVE 1,019 28
113 FERINA ST GRAYLAND AVE IBEX AVE 611 28
114 GRAYLAND AVE HOPLAND ST FERINA ST 281 34
115 GRAYLAND AVE FERINA ST HIGHDALE ST 293 34
Resolution No. 24-36 Page 7 of 11
116 GRAYLAND AVE HIGHDALE ST ALLEY S/O
EXCELSIOR DR 157 34
117 GRAYLAND AVE ALLEY S/O
EXCELSIOR DR EXCELSIOR DR 142 34
118 HIGHDALE ST ARLEE AVE BRINK AVE 342 28
119 HIGHDALE ST BRINK AVE ELAINE AVE 686 28
120 HIGHDALE ST ELAINE AVE GRAYLAND AVE 610 28
121 HIGHDALE ST GRAYLAND AVE IBEX AVE 620 28
122 IBEX AVE HOPLAND ST FERINA ST 283 34
123 IBEX AVE FERINA ST HIGHDALE ST 295 34
124 IBEX AVE HIGHDALE ST ALLEY S/O
EXCELSIOR DR 157 34
125 IBEX AVE ALLEY S/O
EXCELSIOR DR EXCELSIOR DR 142 34
126 ALLEY W/O
NORWALK BLVD HOPLAND ST IBEX AVE 868 23
127 ALLEY E/O PIONEER
BLVD HOPLAND ST END N 568 20
Project Title: City Project No. 7934, 7935, and Independent Streets/Alleys
Fiscal Year Originally Listed City Project No. 7934 AND 7935 FY23/24 Independent Streets/Alleys FY23/24
Estimated Useful Project Life: 10-15 years
Design Start Date: December 2023
Estimated Design Completion: August 2024
Estimated Construction Start: October 2024
Estimated Construction
Completion:
April 2025
Project Description:
The project involves design and construction of approximately 8.25 miles of residential and arterial streets. Design accounts for field survey to determine proper drainage and assessment of pavement conditions. It also considers curb ramps that shall be in compliance with the Standards of the American Disabilities Act (ADA).
Design quantifies the improvements and prepares construction documents (Plans Specifications and Estimate) for bidding.
The construction shall address various types of concrete improvements such as curb and gutters, removal of slotted cross gutters, upgrades of accessibility ramps at intersection corners to current standards, and improvements to deteriorated alley pavements or unpaved alleys, as well as incidental adjustments to abutting sidewalks and driveways.
Project Location: City Wide – See Map
Resolution No. 24-36 Page 8 of 11
Street Name From To Length
(Feet)
Width
(Feet)
7935
1 VOLUNTEER AVE IMPERIAL HWY GETTYSBURG DR 432 33
2 VOLUNTEER AVE GETTYSBURG DR EVEREST ST 252 33
3 VOLUNTEER AVE EVEREST ST SPRY ST 260 33
4 VOLUNTEER AVE SPRY ST CREWE ST 257 33
5 VOLUNTEER AVE CREWE ST DUNE ST 260 33
6 VOLUNTEER AVE DUNE ST CYCLOPS ST 258 33
7 VOLUNTEER AVE CYCLOPS ST ALLARD ST 251 33
8 VOLUNTEER AVE ALLARD ST AEGEAN ST 255 33
9 VOLUNTEER AVE AEGEAN ST BEATY ST 259 33
10 AEGEAN ST NORWALK BLVD
FRONTAGE RD MARKDALE AVE 576 33
11 AEGEAN ST MARKDALE AVE VOLUNTEER AVE 534 33
12 ALLARD ST NORWALK BLVD
FRONTAGE RD VOLUNTEER AVE 1,096 28
13 BEATY ST MARKDALE AVE VOLUNTEER AVE 550 28
14 BEATY ST END W MARKDALE AVE 380 28
15 CREWE ST VOLUNTEER AVE NORWALK BLVD
FRONTAGE RD 1,069 27
16 CYCLOPS ST NORWALK BLVD
FRONTAGE RD VOLUNTEER AVE 1,096 28
17 DUNE ST NORWALK BLVD
FRONTAGE RD VOLUNTEER AVE 1,071 34
18 EVEREST ST NORWALK BLVD
FRONTAGE RD VOLUNTEER AVE 1,071 33
19 GETTYSBURG DR NORWALK BLVD
FRONTAGE RD VOLUNTEER AVE 1,092 26
20 MARKDALE AVE AEGEAN ST BEATY ST 257 30
21 NORWALK BLVD
FRONTAGE RD EAST GETTYSBURG DR EVEREST ST 260 26
22 NORWALK BLVD
FRONTAGE RD EAST EVEREST ST SPRY ST 258 26
23 NORWALK BLVD
FRONTAGE RD EAST SPRY ST CREWE ST 257 26
24 NORWALK BLVD
FRONTAGE RD EAST CREWE ST DUNE ST 263 26
25 NORWALK BLVD
FRONTAGE RD EAST DUNE ST CYCLOPS ST 258 26
26 NORWALK BLVD
FRONTAGE RD EAST CYCLOPS ST ALLARD ST 254 26
27 NORWALK BLVD
FRONTAGE RD EAST ALLARD ST AEGEAN ST 256 26
28 SPRY ST NORWALK BLVD
FRONTAGE RD VOLUNTEER AVE 1,070 27
29 ADOREE ST HALCOURT AVE LEFLOSS AVE 263 34
Resolution No. 24-36 Page 9 of 11
30 ADOREE ST LEFLOSS AVE STUDEBAKER RD
FRONTAGE RD 644 34
31 ANGELL ST END W STUDEBAKER RD
FRONTAGE RD 383 26
32 BELCHER ST END W STUDEBAKER RD
FRONTAGE RD 387 26
33 HALCOURT AVE FOSTER RD ADOREE ST 1,426 28
34 HALCOURT AVE END N LYNDORA ST 580 34
35 HALCOURT AVE LYNDORA ST END S 456 26
36 HOXIE AVE DOWNEY AND
NORWALK RD FIRESTONE BLVD 422 34
37 LEFLOSS AVE FOSTER RD ALLEY N/O FOSTER
RD 123 28
38 LEFLOSS AVE ALLEY N/O FOSTER
RD ADOREE ST 1,355 28
39 LEFLOSS AVE END S LYNDORA ST 386 30
40 LEFLOSS AVE LYNDORA ST END N 426 26
41 LEIBACHER AVE END S LYNDORA ST 345 34
42 LEIBACHER AVE LYNDORA ST IMPERIAL HWY 461 31
43 LITTCHEN ST END W STUDEBAKER RD
FRONTAGE RD WEST 387 26
44 LYNDORA ST LEIBACHER AVE HALCOURT AVE 248 34
45 LYNDORA ST HALCOURT AVE LEFLOSS AVE 262 34
46 LYNDORA ST LEFLOSS AVE PECOS AVE 264 34
47 LYNDORA ST PECOS AVE STUDEBAKER RD 359 34
48 MAZA ST END W STUDEBAKER RD
FRONTAGE RD WEST 382 26
49 PECOS AVE END S LYNDORA ST 455 30
50 PECOS AVE LYNDORA ST END N 400 26
51 RATLIFFE ST END W STUDEBAKER RD
FRONTAGE RD WEST 382 26
52 STUDEBAKER RD
FRONTAGE RD
WEST
END S ALLEY N/O FOSTER
RD 109 26
53 STUDEBAKER RD
FRONTAGE RD
WEST
ALLEY N/O FOSTER
RD BELCHER ST 139 26
54 STUDEBAKER RD
FRONTAGE RD
WEST
BELCHER ST LITTCHEN ST 255 26
55 STUDEBAKER RD
FRONTAGE RD
WEST
LITTCHEN ST MAZA ST 255 26
56 STUDEBAKER RD
FRONTAGE RD
WEST
MAZA ST ANGELL ST 256 26
57 STUDEBAKER RD
FRONTAGE RD
WEST
ANGELL ST RATLIFFE ST 260 26
Resolution No. 24-36 Page 10 of 11
58 STUDEBAKER RD
FRONTAGE RD
WEST
RATLIFFE ST ADOREE ST 255 26
59 160TH ST HERMOSURA ST BELSHIRE AVE 886 30
60 ALONDRA BLVD
FRONTAGE RD
NORTH
MADRIS AVE CLARETTA AVE 266 26
61 ALONDRA BLVD
FRONTAGE RD
NORTH
CLARETTA AVE CAMEO AVE 249 26
62 ALONDRA BLVD
FRONTAGE RD
NORTH
CAMEO AVE SEAFORTH AVE 258 26
63 ALONDRA BLVD
FRONTAGE RD
SOUTH
MADRIS AVE END E 263 26
64 BELSHIRE AVE ALONDRA BLVD CHESHIRE ST 945 34
65 BELSHIRE AVE HERMOSURA ST END N 194 30
66 BLOOMFIELD AVE
FRONTAGE RD CHESHIRE ST HAYFORD ST (E) 503 26
67 BLOOMFIELD AVE
FRONTAGE RD HAYFORD ST (E) HAYFORD ST (W) 210 26
68 CAMEO AVE CHESHIRE ST ALONDRA BLVD
FRONTAGE RD 1,138 26
69 CHESHIRE ST NORWALK BLVD THORNLAKE AVE 149 34
70 CHESHIRE ST THORNLAKE AVE BELSHIRE AVE 454 34
71 CHESHIRE ST BELSHIRE AVE MADRIS AVE 430 34
72 CHESHIRE ST MADRIS AVE CLARETTA AVE 249 26
73 CHESHIRE ST CLARETTA AVE CAMEO AVE 249 26
74 CHESHIRE ST CAMEO AVE SEAFORTH AVE 258 32
75 CHESHIRE ST SEAFORTH AVE WHEATSTONE AVE 269 32
76 CHESHIRE ST WHEATSTONE AVE DARTMOOR AVE 261 32
77 CHESHIRE ST DARTMOOR AVE BLOOMFIELD AVE
FRONTAGE RD 273 32
78 CLARETTA AVE ALONDRA BLVD
FRONTAGE RD CHESHIRE ST 1,137 26
79 DARTMOOR AVE HAYFORD ST CHESHIRE ST 713 30
80 DISNEY AVE HERMOSURA ST END N 194 30
81 HAYFORD ST SEAFORTH AVE WHEATSTONE AVE 252 32
82 HAYFORD ST WHEATSTONE AVE DARTMOOR AVE 263 30
83 HAYFORD ST DARTMOOR AVE BLOOMFIELD AVE
FRONTAGE RD 269 32
84 HERMOSURA ST SUGARPINE LN BELSHIRE AVE 140 30
85 HERMOSURA ST BELSHIRE AVE DISNEY AVE 286 30
86 HERMOSURA ST DISNEY AVE MADRIS AVE 289 36
87 HERMOSURA ST MADRIS AVE 160TH ST 393 30
Resolution No. 24-36 Page 11 of 11
88 MADRIS AVE HERMOSURA ST
ALONDRA BLVD
FRONTAGE RD
SOUTH
199 34
89 MADRIS AVE ALONDRA BLVD
FRONTAGE RD CHESHIRE ST (W) 934 34
90 MADRIS AVE CHESHIRE ST (W) CHESHIRE ST (E) 201 26
91 SEAFORTH AVE ALONDRA BLVD
FRONTAGE RD HAYFORD ST 419 32
92 SEAFORTH AVE HAYFORD ST CHESHIRE ST 714 32
93 SUGARPINE LN 160TH ST HERMOSURA ST 265 30
94 THORNLAKE AVE ALONDRA BLVD CHESHIRE ST 965 28
95 THORNLAKE AVE CHESHIRE ST END N 293 24
96 VAGNONE WY PINE CREEK RD ALONDRA BLVD 60 34
97 WHEATSTONE AVE HAYFORD ST CHESHIRE ST 714 30
Independent Streets and Alleys
1 FOSTER RD STUDEBAKER RD PIONEER BLVD 5290 56
2 ALLEY E/O
STUDEBAKER RD
EXCELSIOR DR
FRONTAGE MAPLEDALE ST 1236 20
3 ALLEY E/O
STUDEBAKER RD MAPLEDALE ST LIGGETT ST 929 20
4 ALLEY E/O
STUDEBAKER RD MOLLETE ST FERINA ST 390 20
5 ALLEY E/O
STUDEBAKER RD HAYFORD ST BARNWALL ST 817 20
6 ALLEY E/O PIONEER
BLVD EXCELSIOR DR END N 422 20
7 ALLEY N/O
EXCELSIOR DR ARLEE AVE ELAINE AVE 964 20
8 ALLEY N/O
EXCELSIOR DR ELAINE AVE GRAYLAND AVE 550 20
9 ALLEY N/O
EXCELSIOR DR GRAYLAND AVE IBEX AVE 565 20
10 ALLEY E/O
NORWALK BLVD EXCELSIOR DR ABINGDON ST 447 20
11 ALLEY E/O
NORWALK BLVD ABINGDON ST MAPLEDALE ST 753 20
12 EXCELSIOR DR NORWALK BLVD BLOOMFIELD AVE 2674 68
SAN STUDEBAKER
RD
166THALONDRASTBLVDEXCELSIORPIONEER
ROSECRANSBLVD
NORWALKDR.SANANTONIOBLVDAVEBLVDFOSTERFIRESTONERIVER
STUDEBAKERRD
PIONEERRDIMPERIALDRHWYNORWALKBLVDBLVD
BLOOMFIELDSHOEMAKER
AVE
CARMENITA
RDAVEBLOOMFIELDAVE
GABRIEL
VOLUNTEER
CHESHIRE ST.
SIBLEY ST.
RECORDER
RUITEN
HOBACK
ST.FLALLONST.AVE
AVE.
165 TH
MAIDSTONEAVE.
AVE.
AVE.
LOS ALISOSPARKSCHOOL
AVE.SALINASAVE MANUELHOSPITALCOAST PLAZA
E. COLLEGE
LOS ALISOSCIRCLE
MAIDSTONE
BELTGREENGLAZIER PARK
PARKNEW RIVER
MENDEZPARK
PARKLAKESIDE
ELAINE-DALECLARK
KINGAND
CT.
AVE.
CHESTERTON ST.ST.
GARD
TINAST.
FOSTER
ST.AVE.
RDST.
ST.ST.ST.ST.ST.ST.
CURTIS AND KINGAVE.KALNOR
LEIBACHER
BAYSIDEDR.LAKEFRONTDR.EDGEWATERDR.SHORELINE
ST.
AVE.
MAPLEDALE
CARNELEFLOSS
HOXIE
ESTHER
PORTUGALELAINECOBOS
GRIDLEY
DACE ST.ADOREE
ST.
WORTH
AVE.
CREST-
AVE.
AVE.
IBEXGRAYLAND
AVE.AVE.ST.CORBYTINAAVE.MONDONALBURTISST.BEATYDOLLISONST.ST.ARLEEAVE.ST.GEMSPRYCREWEVOLUNTEERAVE.BRINKZEUS AVEBOMBARDIER AVE.AVE.ARLEEAVE.ZEUSST.SPRYST.CYCLOPSALLARD HERCULESGEMDUNEST.ST.ST.ST.ST.AVE.PADDISONHEBE AVE.JUNO AVE.KALNORBUSIRIS BRINKST.CYCLOPSALLARDALLARDTINAPANTHEON AEGEAN BEATY RUCHEL PANTHEON AVE.ZEUSAVE.
AVE.AVE.AVE.KALNORKENNEYST.ST.ST.ST.ST.ST.BAYLASHYORACLEACHILLESHERMESST.BAYLAKENNEYPLUTONST.ST.ST.LAKELANDCRESAVE.ARLEE AVE.ST.BATTLEST.HERMES ST.FLALLONPANTHEON ST.MILANDPLUTONMONDONST.BAYLAMAIDSTONE AVER.R.ST.AVE.CRESSONJERSEYAVEAVE.AVE.ST.HERMESCORBYAVEMILANOST.BUELL AVE.MARKDALEAVE.ST.BEATYST.ST.AEGEANALLARDCYCLOPSST.ST.EVERESTSPRYCREWEDUNEST.ST.ST.ST.DR.GETTYSBURGAVE.ZEUSST.PADDISONAVE.KALNORDR.CENTERCIVICTHISTLEMARKDALE CHEDDARLYNDORAAVE.ST.AVEZEUSBOMBARDIER SPROULUNIONST.OLIVEAVE.ST.UNIONST.PADDISONFRONTAVE.KALNORBRINKERWOODARLEEARLEEAVE.AVE.AVE.ST.LESSERROADFOSTER ST.AVE.ST.ORANGEWALNUTSYCAMOREORANGEAVE.PINEFOSTER
CLARKDALEFUNSTONST.ELAINEHORSTAVE.ST.AVERDFUNSTONCLARKDALEST.OLIVEAVE.NORWALKAVE.ST.DELAVANAVE.ESMONDBLVD.AVE.AVE.BOWSILVERST.MADRISPINEBLVD.NORWALKST.ST.SHERIDANAVE.
CORBYDR.GETTYSBURGST.LEEDSAVE.ST.ST.EVERESTSPRY
AVE.WOODSRD
DR.ST.ALLARDST.ST.DUNEST.GEM
JERSEYMAIDSTONEROSETONGARDDR.GETTYSBURGSUMMERORR AND DAYAVE.LONGWORTHGRAYSTONEGRIDLEYHARVESTCREWEAVE.AVE.AVE.AVE.ST.AVE.AVE.AVE.AVE.
ST.CREWEGRAYSTONEDUNEST.RINGWOODFAIRFORDELMCROFTAVE.
BENFIELDAVE.MEADOWRD
HALCOURTAVE.AVE.AVE.PECOSLYNDORAST.ST.AVE.AVE.LEFLOSSHALCOURTAVE.AVE.ELMCROFTDALWOODCROSSDALEBELCHERLITTCHENMAZAANGELLRATLIFFEST.ST.ST.ST.ST.RATLIFFEADOREEBENFIELDAVE.AVE.CROSSDALEAVE.DALWOODELMCROFTAVE.AVE.ST.BORSONLYNDORA ST.LYNDORA ST.
FAIRFORDGRAYSTONELONGWORTHAVE.AVE.AVE.ST.BELCHERST.ADOREERATLIFFEBORSONADOREECHEDDARAVE.AVE.GRAYSTONELONGWORTHAVEHARVESTRDGRIDLEYDAYANDORRST.ST.ST.ST.ST.ST.LITTCHENMAZAANGELLROADAVE.ST.ST.ST.ST.AVE.JERSEYFLALLONALBURTISCORBYAVE.AVE.AVE.ANGELLST.
AVE.GRIDLEYAVE.HARVEST ST.HOBACKMcRAEAVE.ALBURTISAVE.AVE.MAIDSTONERDCORBYAVE.AVECARDELLST.SENWOODST.ST.ST.ST.ROSETONAVE.AVE.AVE.BRIMLEYSENWOODST.JERSEYMAIDSTONEROSETONGARDAVE.AVE.AVE.RD.SUMMERSYLVANWOODGRIDLEYHARVESTLONGWORTHBROOKST.BELFAIRVANST.
AVE.
ST.GRAYSTONEFAIRFORDELMCROFT
AVE.TADDY
AVE.AVE.AVE.BENFIELDDALWOODCROSSDALEAVE.TOLLYST.HOBACKST.MUROCAVE.ST.LEFLOSSLEFFINGWELLST.
DALWOODAVE.ALLINGHAMCROSSDALE
AVE.ST.BELFAIRCRESTBROOKST.TONIBARBEHRENSLEIBACHERHALCOURTAVE.AVE.
AVE.AVE.AVE.
AVE.
AVE.AVE.LEIBACHERLEFLOSSHALCOURTDUMONTBEHRENSVAN RUITENAVE.FLATBUSHFIRWOODAVE.DOMARTFLATBUSHIVY CT.ST.ST.BRIARTOLLYBERKELEYELEANORCT.CT.AVE.DOMARTAVE.FLATBUSHDOMARTNEWMIREAVE.AVE.BRANSCOMBPRISCILLABRANSCOMBST.ST.ST.ST.CHEDDARANGELLBORSONCHEDDARLYNDORAST.LYNDORAST.ST.
ST.CREWENEWMIRECURTISNORDESTADR.PIUMARD.ST.ST.ST.LEEDSMEADOWEVERESTSPRYSOLOSOLOAVE.RDDOWNEY-NORWALKAVE.OHMAVE.NEWMIREAVE.AVE.FOIX RDHERCULESDUNEFAIRFORDAVE.DALWOODAVE.AVE.AVE.ST.OFFLEYBENFIELDAVE.CROSSDALETINAAVENUEGARDST.AVE.ST.SUMMERST.BEATYBETHELIZA-ASMUSSENST.ST.ESTHERST.AVE.ST.LONG-PANTHEONBAYLAST.ST.KENNEYRDCRESSONST.CRESSONLAKELANDST.RDAVE.ST.FAIRFORDELMCROFTDALWOODCROSSDALEBENFIELDHERMESAVE.AVE.AVE.AVE.AVE.
HALCOURTAVE.AVE.LIEBACHERAVE.LIEBACHERKENNEYST.LEFLOSSAVE.AVE.DUMONTST.PLUTONCRESSONRDLAKELANDCECILIA 162 ND.HORSTST.ST.ST.ST.ST.ST.AVE.DISNEYAVE.BELSHIREHERMOSURA ST.160 TH ST.CLARETTAAVE.AVE.AVE.CHESHIREHORSTAVE.161 ST.HERMOSURA160 THALGARDI ST.
ST.ST.ST.ST.ST.ST.ST.MADRISBELSHIRETHORNLAKEST.ST.ST.
ABINGDON ST.HORST
AVE.
HELWIGMADRISDISNEYTHORNLAKE
AVE.ST.ST.ST.ST.
BLVD.CAMEOHELWIG DISNEYMADRISAVE.AVE.AVE.AVE.AVE.AVE.AVE.ST.ST.ARLEEAVE.AVE.AVE.AVE.AVE.AVE.AVE.
GRAYLANDST.HOPLANDARLEE AVE.ARLEE AVEDEVLINFUNSTON
AVE.AVE.
CLARKDALEBRINKELAINEABINGDONFERINA HIGHDALE
ST.
AVE.AVE.CLARKDALEELAINEST.HERMOSURAHAYFORDNAVALOWEMONTCHESHIREBARNWALLMOLETTE AVE.165 THCEDARVALE164 THCHESTERTON163 RDCEDARVALEST.ST.ST.ST.ST.ST.ST.160 THALGARDI161 ST.162 ND163 RD164 THDR.AVE.FLALLON DR.MAIDSTONEAVE.AVE.GARDMcRAEDR.ELMHURSTAVE.JERSEY AVEDR.
DR.CEDARVALEFACULTY DR.CHESTERTONDARTMOUTHBAYLOR DR.
ST.ALBURTISFLALLONJERSEYROSETONMcRAEAVE.SYLVANWOODGARD GARDST.NAVALOWEMONTST.ST.ST.CHESHIREST.ST.ST.NAVALOWEMONTCHESHIREST.
SIBLEY ST.JERSEYCORBY AVE.AVE.AVE.AVE.AVE.AVE.AVE.
ST.EVERSTONMAPLEDALEPOTTERLINDALEAVE.AVE.CORBYALBURTISFLALLONAVE.GARD POTTERMcLARENLINDALELIGGETTST.ST.ST.ST.ST.ST.AVE.RD.HARVESTLONGWORTHAVE.AVE.AVE.AVE.AVE.LIGGETTAVE.AVE.AVE.
AVE.FERINA AVE.AVE.NAWA LN.GARCIAAVE.SIBLEYHIGHDALEHARVESTLONGWORTHAVE.GRAYSTONEFAIRFORDELMCROFTDALWOODCROSSDALEBENFIELDALLINGHAMAVE.ALLINGHAMSYLVANWOODHARVESTGRAYSTONEHARVESTHAYFORDST.BARNWALLST.MOLETTEBENFIELDALLINGHAMAVE.AVE.AVE.AVE.AVE.AVE.AVE.AVE.AVE.LONGWORTHGRAYSTONEFAIRFORDELMCROFTDALWOODCROSSDALE SYLVANWOODRDHARVARDELMHURSTAVE.AVE.AVE.AVE.AVE.GRIDLEYHARVESTLONGWORTHGRAYSTONEALORA HAYFORDLEFLOSSHALCOURTAVE.AVE.HAYFORDPIUMAFLATBUSHDOMARTMOLLETTE HOPLAND ST.BARNWALLST.ST.FAIRTONLEFLOSSHALCOURTLEIBACHERAVE.AVE.AVE.AVE.AVE.AVE.BEHRENSAVE.AVE.AVE.PIUMAFLATBUSHDOMARTST.MAPLEDALEMcLARENLIGGETT ST.LIGGETTST.LINDALE
LOS ALISOSLORETTA
SCHOOL
SCHOOLCESAR CHAVEZ
SCHOOLNEW RIVER
SCHOOLCORVALLIS
EDISONSOUTHERNCALIFORNIA
BOBWHITE
FACILITYSTORAGEUSAF FUEL
RIDESTATIONGREEN LINEPARKAND
PADDISON SCHOOL
SCHOOLLAKELANDSCHOOLCRESSON
COURTSUPERIORHALLCITYSHERIFFLIBRARY
PARKNORWALK
SCHOOLWILLIAM W. ORRPARK
VISTA VERDE PARK
(PARKING)SCHOOLSCHOOLJULIA B. MORRISONSCHOOLHIGHNORWALKSCHOOLD.D. JOHNSTON
INTERMEDIATE SCHOOLLAKESIDE
SCHOOLSTUDEBAKER
WAITE SCHOOLNETTIE L.
EDMONDSONEARL
HERMOSILLO PARKSCHOOLSANCHEZ
EXCELSIOR ADULT SCHOOL
PARKGERDESSCHOOLJOHN N. NUFFERSCHOOLLAMPTON
CERRITOS COLLEGE
SCHOOLANNA M. GLAZIER
ST. ST.AVE.BESTPARKRAMONA
MOLETTEAVE.AVE.
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CITY OF NORWALK - SB1FUNDED STREETIMPROVEMENTS LOCATION MAPLEGEND PROPOSED IN DESIGN COMPLETED City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen Kau, Director of Public Services/City Engineer Jana Stuard, Director of Finance/City Treasurer
Jennifer Hernandez, Senior Management Analyst
SUBJECT: PROJECT NOS. 7869 AND 7870 - PHASE I ENERGY PROJECT - RESOLUTION NO. 24-37 – BUDGET AMENDMENT
Background:
The City’s Strategic Plan outlines the City’s commitment to sustainability and climate resistance.
To do so, staff worked with Syserco Energy Solutions (“SES”), a qualified energy services company, to develop an analysis of opportunities for the City to upgrade its facilities to achieve energy efficiency and cost savings measures.
On November 7, 2023, City Council adopted Resolution No. 23-68 authorizing the City Manager to finalize negotiations with SES and acquire the necessary conservation equipment to implement the energy conservation measures through the Sustainability, Energy Efficiency Infrastructure Improvement Project, (Project).
Analysis
The Project was divided by component, which includes various energy saving measures, such as Lighting, Solar, and heating, ventilation, and air conditioning control (HVAC). Phase I of the project consists of the HVAC and Sports Lighting components of the project. To begin work, and track expenditures by component accurately, the City established project numbers for each component of the overall project. A summary of the project numbers assigned to each component of Phase I is detailed in Table 1 on the following page.
City Council June 18, 2024
Resolution No. 24-37 – Budget Amendment for Project Nos. 7869 and 7870
Page No. 2
9 1
6 Table 1: Project Summaries
Project
Component
Project
Number Current Scope
HVAC 7869
Various HVAC refurbishments and replacements at City Hall, Transportation, Cultural Arts Center, Aquatics, Sports Complex, Sara Mendez Park, Vista Verde Park, Gerdes Park and the Senior Center.
Sports
Lighting 7870
Retrofitting of the existing sports lighting infrastructure at Hollifield Lakeside, Ramona and Zimmerman Parks at the various sports fields.
As the Project initiated and the sites underwent thorough evaluations, the City and SES determined that additional energy savings opportunities could be captured through the Project to take advantage of economies of scale. In order to incorporate the additional energy savings opportunities to the existing scopes of each component of Phase I, additions to the existing project scopes are needed, which include:
Project 7869 HVAC Improvements
1. Combining the existing Sports Center Locker Room ventilation project that is currently a standalone American Rescue Plan Act (ARPA) project as part of the HVAC component to capitalize on the economies of scale currently being utilized as part of the Project.
2. Adding the Social Services facility to the list of facilities to receive HVAC improvements.
Project 7870 Sports Lighting
1. Additional Sports Field at Zimmerman Park
2. Construction of Sports Lighting Infrastructure at Gerdes Park In order to incorporate these additional components into the project, SES submitted Change Order Requests to the City which encompass the increased scope, and associated costs. A summary of the Change Order Requests is included in Table 3 and the Change Order Requests are included as attachments to this staff report.
Table 3: Change Order Summary:
Change Order No. Scope Total Cost
1 Sports Lighting at Gerdes Park $1,041,652
2 Social Services HVAC Improvements $309,864
3 Sports Center Locker Room Ventilation
(currently ARPA Project No. 1.45219) $424,395
4 Zimmerman Sports Lighting Field No. 3 $974,404
TOTAL $2,750,315
City Council June 18, 2024
Resolution No. 24-37 – Budget Amendment for Project Nos. 7869 and 7870
Page No. 3
9 1
6 Fiscal Impact:
The total anticipated cost for the four change orders will result in a $2,750,315 increase to the Phase I components of the Project. Summarized in Table 4 below is the existing project budget by component:
Table 4: Existing Project Budget
Fund Project Available Budget Anticipated
Cost
Additional
Budget
Needed
Facilities
Renovation
Fund
7869 HVAC $2,721,800 $3,456,080 $734,280
Park
Renovation
Fund
7870 Sports
Lighting $3,503,400 $5,519,473 $2,016,073
TOTAL $2,750,353
Funding needed for the additions to the HVAC component of the Project will be transferred from two existing City projects. As summarized in Table 5, $183,375 of ARPA funds from the Sports Center ARPA Project No. 1.4519 will be incorporated into the Project budget for Sports Center locker room, and $309,864 from the existing Social Services Expansion Project No. 7866 will be transferred to cover the cost of HVAC at Social Services.
Table 5: Budget Transfers to HVAC Project 7869
Budget Unit
Fund Project
From To
Available
Budget
Amount
Requested
ARPA 1.45219 Sports
Center Renovation 219-70-7861 219-70-7869 $183,375 $183,375 Facilities
Renovation
Fund
7866 Social
Services
Expansion
747-70-7866 747-70-7869 $2,500,000 $309,864
TOTAL $493,239
In addition to the transferred funds detailed in Table 5, Resolution No. 24-37 includes the additional appropriation needed to cover the remaining cost. Project No. 7869 will require an additional appropriation from the City’s Facilities Renovation Fund in the amount of $241,100 to cover the remaining cost of the Sports Center locker rooms; and Project No. 7870 will include an additional appropriation from the Park Renovation Fund in the amount of $2,016,100.
City Council June 18, 2024
Resolution No. 24-37 – Budget Amendment for Project Nos. 7869 and 7870
Page No. 4
9 1
6 Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
Said improvements align with the City of Norwalk’s Strategic Plan Goals 2, 3 and 4; work in partnership with the community, re-invest in aging infrastructure; maintain the City’s financial resiliency, build great public destinations, and support sustainability and climate resilience throughout the community.
Recommended Action:
Staff recommends City Council:
a. adopt RESOLUTION NO. 24-37, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE BUDGET TO THE
SUSTAINABILITY, ENERGY EFFICIENCY INFRASTRUCTURE IMPROVEMENT PROJECT NO 7869 AND PROJECT NO 7870 – PHASE I, in the amount of $2,750,315; and
b. authorize the City Manager to execute the Change Order Requests (Sports Lighting at Gerdes and Zimmerman parks, Lighting, Solar, and Heating, Ventilation, and Air Conditioning Control units at Social Services and Sports Center facilities), and future Change Order Requests if they are within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
Attachments:
Resolution No. 24-37
RESOLUTION NO. 24-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
AUTHORIZING AN AMENDMENT TO THE BUDGET TO THE
SUSTAINABILITY, ENERGY EFFICIENCY INFRASTRUCTURE
IMPROVEMENT PROJECT NO 7869 AND PROJECT NO 7870 – PHASE I WHEREAS, the City Council authorized the City Manager to finalize negotiations and acquire equipment to initiate the Sustainability, Energy Efficiency Infrastructure Improvement Project which consists of various energy efficient upgrades and installations; and
WHEREAS, additional energy saving measures have been identified and recommended to incorporate into existing scope for the Sports Lighting component of the Project (Project No, 7869) and the HVAC component of the Project (Project No. 7870); and
WHEREAS, the City Council desires to amend the existing project budgets an appropriate additional funding to cover energy saving opportunities and augment the project scope; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1.The City Manager is authorized to make the following appropriation and prepare the necessary budget amendment for the following account:
Account Number Debit Credit
HVAC Project No. 7869: 747-70-7869-2080 $309,900
Social Services Upgrade
Project No. 7866: 747-70-7866-2080 $309,900
Building Renovation Fund: 747-70-7869-2080 $241,100
Fund Balance: 747-0480 $241,100
Park Renovation Fund: 743-70-7870-2080 $2,016,100
Fund Balance: 743-0480 $2,016,100
Section 7.The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
Resolution No. 24-37 Page 2 of 2
3 4
0 6
APPROVED AND ADOPTED on this 18TH day of June 2024
MARGARITA L. RIOS
MAYOR
____________________________
THERESA DEVOY, CMC
CITY CLERK
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen Kau, Director of Public Services/City Engineer Jana Stuard, Director of Finance/City Treasurer
SUBJECT: RESOLUTION NO. 24-38 - BUDGET TO ESTABLISH FUNDING FOR SOLAR ENERGY PROJECT NO. 7871 - NON-LOW INCOME COMMUNITY FACILITIES SOLAR PANELS AND PROJECT NO. 7874 - LOW INCOME COMMUNITY FACILITIES SOLAR PANELS – PHASE II
Background:
The City’s Strategic Plan outlines the City’s commitment to sustainability and climate resistance.
To do so, staff worked with Syserco Energy Solutions (“SES”), a qualified energy services company, to develop an analysis of opportunities for the City to upgrade its facilities to achieve energy efficiency and cost savings measures for the City.
On November 7, 2023, City Council adopted Resolution No. 23-68 authorizing the City Manager to finalize negotiations with SES and acquire the necessary conservation equipment to implement the energy conservation measures through the Sustainability, Energy Efficiency Infrastructure Improvement Project. The City Council also authorized the City Manager to secure necessary financing for the solar panel installation component of the project (“Project”).
On February 6, 2024, City Council adopted Resolution No. 24-08 engaging a finance team for the financing of the Project that covers six locations and has been divided into two separate City projects depending on site qualification for Low-Income Community (LIC) credit, as follows:
•Project number 7871 – Non-LIC Facilities Solar Energy project includes installation of solar photovoltaic panels at City Hall, Transit Center and Social Services facilities. •Project number 7874 – LIC Facilities Solar Energy includes installation of solar photovoltaic panels at Sports Complex, Aquatic Pavilion and Well 10 facilities.
City Council
Resolution No. 24-38 – Budget for Solar Project Nos. 7871 and 7874 June 18, 2024
Page No. 2
8 9
6 On May 28, 2024, City Council adopted Resolution No. 24-21 authorizing the City to enter into a Solar Systems Equipment Lease Agreement with Webster Bank to secure $5,000,000 for construction of Project No. 7871 – Non-LIC Facilities Solar Energy. Loan proceeds will become available after the closing date of June 12, 2024.
As Project mobilization can begin mid-June and payments to SES will need to be made before the end of Fiscal Year 2023/24, a budget for both projects needs to be established as follows:
Project Solar Project Sites Fund 433Loan Proceeds Fund 227Prop C Fund 747Building Renovation
Fund 702Water Fund Total Project Budget
Non-LIC FacilitiesCIP# 7871
City HallTransportation Center Parking LotTransit / Public Services FacilitySocial Services 5,000,000$ 2,162,000$ - - 7,162,000$
LIC FacilitiesCIP# 7874
Sports Center (NASC)Aquatic PavilionWell # 10 - - 4,258,000$ 1,320,000$ 5,578,000$ TOTAL BUDGET PER FUND 5,000,000$ 2,162,000$ 4,258,000$ 1,320,000$ 12,740,000$ Fiscal Impact:
In addition to the SES cost of $12,000,000, the requested budget of $12,740,000 includes a 7% contingency. The City will use $5,000,000 of Lease Agreement loan proceeds and $2,162,000 from the Prop C fund to install solar arrays at Non-LIC Facilities. The LIC Facilities Project is funded from the Building Renovation Fund in the amount of $4,258,000, and $1,320,000 will be funded from the Water Fund. Eighteen months after project completion, the City will receive about $4,854,000 federal energy tax credits.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
Said improvements align with the City of Norwalk’s Strategic Plan Goals 2, 3 and 4; work in partnership with the community, re-invest in aging infrastructure; maintain the City’s financial resiliency, build great public destinations, and support sustainability and climate resilience throughout the community.
Recommended Action:
Staff recommends City Council adopt RESOLUTION NO. 24-38, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK AUTHORIZING A BUDGET TO ESTABLISH FUNDING FOR SOLAR ENERGY PROJECT NO. 7871 - NON-LOW INCOME COMMUNITY FACILITIES City Council
Resolution No. 24-38 – Budget for Solar Project Nos. 7871 and 7874 June 18, 2024
Page No. 3
8 9
6 SOLAR PANELS AND PROJECT NO. 7874 - LOW INCOME COMMUNITY FACILITIES SOLAR PANELS
Attachments:
Resolution No. 24-38
RESOLUTION NO. 24-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
AUTHORIZING A BUDGET TO ESTABLISH FUNDING FOR SOLAR
ENERGY PROJECT NO 7871 – NON-LOW INCOME COMMUNITY
FACILITIES SOLAR PANELS AND PROJECT NO 7874 – LOW INCOME
COMMUNITY FACILITIES SOLAR PANELS
WHEREAS, the City Council authorized the City Manager to finalize negotiations and acquire equipment to initiate the Sustainability, Energy Efficiency Infrastructure Improvement Project which consists of various energy efficient upgrades and installations; and
WHEREAS, the City Council approved the issuance of lease financing debt for funding of the solar project, in the amount of $5,458,000 with Webster Bank with a closing date of June 12, 2024; and
WHEREAS, the Project has been divided into two separate projects based on site qualification for Low-Income Community Credit and is anticipated to begin in Fiscal Year 2024; and
WHEREAS, the City Council desires to establish a project budget to begin activity on the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1.The City Manager is authorized to make the following appropriation and prepare the necessary budget amendment for the following account:
Account Number Debit Credit
Prop “C” Fund: 227-70-7871-2080 $2,162,000
Fund Balance: 227-0480 $2,162,000
Loan Proceeds: 433-70-7871-2080 $5,000,000
Fund Balance: 433-0480 $5,000,000
Water Fund: 702-70-7874-2080 $1,320,000
Fund Balance: 702-0480 $1,320,000
Building
Renovation Fund: 747-70-7874-2080 $4,258,000
Fund Balance: 747-0480 $4,258,000
Resolution No. 24-38 Page 2 of 2
3 3
7 7
Section 2.The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED on this 18TH day of June 2024
MARGARITA L. RIOS
MAYOR
____________________________
THERESA DEVOY, CMC
CITY CLERK
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Jacqueline Koontz, P.E., Senior Civil Engineer
Julio Gonzalez, Associate Engineer
SUBJECT: PROJECT NO. 7442 - AGREEMENT AMENDMENT NO. 1 AND ACCEPTANCE
OF WORK FOR WATER MAIN REPLACEMENT ON PIONEER BOULEVARD FROM 160TH TO 166TH STREET
Background:
On June 7, 2023, City Council approved a Contract with Stephen Doreck Equipment Rentals, Inc. (Doreck) and Z&K Consultants, Inc. (Z&K) for Project No. 7442, Water Main Replacement on Pioneer Boulevard from 160th to 166th Street (Project). The project scope of work includes new water mainline, water service laterals, water customer connections, water quality sampling stations, fire hydrants, advanced metering infrastructure smart water meters and street restoration. The project was completed satisfactorily on February 7, 2024. Project acceptance was postponed until now due to negotiations during project closeout.
The following is a breakdown of the project’s original estimated total costs:
Construction Cost $ 2,747,515
Contingency (15%) $ 412,127
Management, Inspection, & Testing $ 287,284
City Staff Time (4%) $ 109,901
Total Estimated Cost: $ 3,556,827
The Project incurred delays and increased costs due to weather, sampling stations, conflicts with unknown underground utilities, additional water service connections and street restoration.
Additional costs were offset by credits for a substitution of trench restoration materials and reducing the number of water valves and pipe connections.
City Council June 18, 2024
Project No. 7442 - Agreement Amendment and Acceptance of Work Page No. 2 9 0
3 Due to changes and delays with construction, the Project incurred additional costs for Construction Management, Inspection, and Testing Services provided by Z&K in the amount of $47,086.
The following is a breakdown of actual construction costs.
Project Accounting Costs
Budgeted Amount – Water Enterprise Fund
Budgeted Amount – Proposition C
$3,606,484.00
$1,001,500.00
Construction/Contractor Costs (Doreck) $3,160,616.33
Construction Inspection Services (Z&K) $ 334,370.00
Equipment Costs (Water Meters) $ 6,833.34
City Staff Time $ 73,191.47
Environmental Compliance $75.00
Total Expenditures $3,575,086.15
To date, $635,565.29 has been expensed against Proposition C Funds. Total expenses to date from the Water Enterprise Fund are $2,939,520.86.
Fiscal Impact:
There are adequate Water Enterprise Funds and Proposition C funding per the approved Fiscal Year 2023/24 Capital Improvements Project Budget to cover costs for additional Construction Management, Inspection, and Testing Services.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal 2: Work in Partnership with Our Community to Achieve Safe and Livable Neighborhoods; Objective 1: Re-invest in existing and aging infrastructure.
City Council June 18, 2024
Project No. 7442 - Agreement Amendment and Acceptance of Work Page No. 3 9 0
3 Recommended Action:
Staff recommends City Council:
a. approve Amendment No. 1 to professional services agreement with Z&K Consultants, Inc. in the amount of $47,086 for a total amount not-to-exceed $334,370 for Construction Management, Inspection, and Testing Services for Project No. 7442, Water Main Replacement on Pioneer Boulevard from 160th to 166th Street; and authorize the City Manager to execute the amendment, on behalf of the City, in a form approved by the City Attorney; and
b. accept the work for Stephen Doreck Equipment Rentals, Inc. in the amount of $3,160,616.33, and Z&K Consultants, Inc. in the amount of $334,370.00, for Project No. 7442, Water Main Replacement on Pioneer Boulevard from 160th to 166th Street.
Attachments:
N/A
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: John P. Ramirez, Director of Community Development
Richard Newton, Emergency Preparedness Manager
Sandra Duran, Senior Management Analyst
SUBJECT: AGREEMENT AMENDMENT NO. 3 FOR ON-CALL COMMUNITY
DEVELOPMENT CONSULTANT SERVICES AND ADDITIONAL SERVICES Background:
On November 7, 2023, City Council approved an agreement with The Code Group, Inc. (VCA) to provide on-call Community Development Consultant and Additional Services intended to support Community Development and other City departments with staff augmentation services, priority projects, long-range planning projects, technical review and preparation for environmental review documents. The agreement was approved for an amount not-to-exceed $150,000 annually for a three-year term and ends October 2026.
Amendment No. 1 increased the maximum compensation amount of the contract to $150,000 annually as approved. The contract with VCA currently helps offset staff shortages in the Building and Planning Divisions. Community Development Department (Department) has used the following services since the contract was executed: Building Inspection Services, Building Official Services, Senior Permit Techician Services, and Planning Manager Services. The Department is working closely with the Human Resources Department to recruit for the vacant positions and has multiple recruitments underway. On June 4, 2024, City Council approved Amendment No. 2 increasing the maximum compensation amount of the contract to $375,000 through October 25, 2024.
VCA and their consultants submitted a proposal for design services for the Security & Safety Improvements and Emergency Operations Center (EOC) Bathroom Upgrades Projects. The project includes architectural and engineering design services for the project areas. The project will create a secure entryway into City Hall; re-configuring the current entrance to accommodate a greeter counter and additional office space for Public Safety staff. The adjacent office area in Room 15 will be converted to office space for Community Development and Public Affairs staff. Additionally, the EOC restrooms in the lower level of City Hall will be remodeled and
City Council
Community Development Consultant and Additional Services Agreement Amendment No. 3
June 18, 2024
Page No. 2
9 0
7 updated to substantially meet ADA (Americans with Disabilities Act) compliance standards. The design services include preliminary design and final architectural / engineering construction documents as required for City’s Building Division review and approval.
The breakdown below identifies the proposed design costs:
Schematic / Preliminary Design including 3D sketches and design development refinements based on Owner input: $24,000
Architectural Construction Documents (Articles 1 & 2): $25,000 Architect’s Construction Administration duties (Article 3) $25,000 Permit processing services (if required) for Building Dept. review phase: $4,000 Mechanical, Electrical & Plumbing Engineering Design: $26,400 *Optional Interior Design for selections of interior materials and colors): $10,000 AutoCAD – As-Built Survey: $10,830
Structural Engineering Design Services: $25,000
Structural Engineer Construction Administration: $3,000 Contingency (10%): $15,323
Total Estimated Design Services: $168,553
Fiscal Impact:
Design services will be funded by the American Rescue Act Plan Act Fund balance of $272,000 for safety and security improvements to City Hall.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal: 1 - Provide high quality customer service to the community.
Recommended Action:
Staff recommends City Council approve Amendment No. 3 to the agreement with The Code Group, Inc. through October 25, 2024 design services, in an amount not to exceed $170,000, in addition to the $375,000 approved for on-call services; and authorize the City Manager to execute the amendment and amendments for design services within the 10% contingency, on behalf of the City, in a form approved by the City Attorney.
Attachments:
N/A
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Gabriela Regalado, Director of Social Services
SUBJECT: INCREASING FUNDS FOR THE SENIOR NUTRITION PROGRAM Background:
The City has an existing agreement with Trio Community Meals, LLC, to provide nutritious meals for congregate services and the home delivered meal programs. Due to an increase in attendance, and the need for meals delivered, the initial agreement amount of $490,000 has been exhausted. Staff is requesting an increase of the agreement, in the amount of $105,000 for catering services provided by Trio Community Meals for the months of May and June.
Fiscal Impact:
No fiscal impact as funds are allocated in the Fiscal Year, 2023/24 budget Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal 1. Provide High Quality Customer Service to the Community. Objective 1. Promote customer-focused culture that prizes accessible, consistent, and predictable delivery of service.
City Council June 18, 2024
Trio Community Meals, LLC Catering Services Page No. 2
8 9
7 Recommended Action:
Staff recommends City Council authorize the City Manager to increase the funding for Trio Community Meals, LLC, Catering Services in the amount of $105,000 for Fiscal Year 2023/24.
Attachments:
Campaign Contribution Form
I
I
/c:r~~ NORWALK
A Connoctod Community
Applicant/Interested Party
Campaign Contribution Disclosure Form
Land use, entitlements, licenses, permits, f ranchlses, contracts (excluding labor and competitively bid contracts)
California Government Code Section 84308, commonly referred to as the HLevlne Act," prohibits any Norwalk City Council Member or Planning Commissioner (if they are running for City Council) from psrtlclpatlng In any action related to a contract or application if he or she receives any po/it/cal contributions totaling more than $250 within the previous 12 months, and for 12 months following the date a final decision from the business or applicant. The Levine Act also requires a member of the Official who has received such a contribution to dl&ctose the contribution on the record of the proceeding.
Contribution Disclosure
Please list all contributions in excess of $250 (either as a single payment or in aggregate) made within the past 12 months to officers of the agency involved in the above-mentioned type of proceeding by any parties (applicants) or their agents or representatives, including corporations, limited liability companies (LLCs), or other business entities and principals thereof. You may attach additional pages as necessary to list contributions made to Involved agency officers and provide additional information about the contributor's relationship with the recipient.
Cor,tribllltor Name: TRIO Community Meals
Dote of
Comtribution Recioient Officer /Candidate
No oootribufion made: It/ I
Contribution Refunded:
Amount Yes No Dote of Ref.und
-
-
Pra~ding contributions to candidates does not preoJude the City Council from awarding a contract or approving an applical:ion or any subsequent action. It does, however, preolude the identified City Cooncil Member!Planning Commi$$ioner(s) from partioJpating In any actions related lo your proposal I or appf,catJon. Additionally, this intormation must be updated if contributions e~ceed $250, and no less than 45 days before any agency consideration of an Item In wh1ch you or your company is engaged v.ith the City..
f dedare under penaUy of perjury that the information which has been incfuded in this Disciosure Form is true ~nd cor ct.
( ' t
Signature of Applicant
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Gabriela Regalado, Director of Social Services
SUBJECT: AGREEMENT FOR SENIOR NUTRITION PROGRAM, FISCAL YEAR 2024/25 Background:
The City has had an agreement with the Los Angeles (LA) County Aging and Disabilities Department for the past five years, to provide nutritious meals to the senior community. In 2023, the City partnered with Trio Community Meals, LLC (TCM), for catering services. They are one of the several caterers the LA County permits the City to use. The cost for each individual meal is competitive with most caterers. TCM are quick to respond to any questions or adjustments requested by staff. The quality of the meals has dramatically increased attendance for congregate meals and is regularly acknowledged by the patrons. It is in the best interest of the Senior Nutrition Program to renew TCM’s services for Fiscal Year 2024/25.
Fiscal Impact:
Funds in the amount of $630,000 will be allocated towards the payment of services. These funds will be reimbursed through the LA County Aging and Disabilities Department Grant Elder Nutrition Program 242507.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal 1. Provide High Quality Customer Service to the Community. Objective 1. Promote customer-focused culture that prizes accessible, consistent, and predictable delivery of service.
City Council June 18, 2024
Agreement with Trio Community Meals, LLC for Senior Nutrition Program
Page No. 2
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8 Recommended Action:
Staff recommends City Council approve an agreement with Trio Community Meals, LLC, in the amount of $630,000 from July 1, 2024 to June 30, 2025; and authorize the City Manager to execute the agreement and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
Attachments:
1. Agreement
2. Campaign Contribution Form
Attachment No. 1
LOWER TIER SUBAWARD
FOOD SERVICE AGREEMENT
This Lower Tier Subaward (“Agreement”) is dated July 1, 2024 (“Effective Date”), and is between the City of Norwalk, a California municipal corporation (“Subrecipient”) and TRIO Community Meals, LLC, a Mississippi limited liability company (“Lower Tier Subrecipient”).
RECITALS
A. Subrecipient and the County of Los Angeles (“County”) have entered into a Subaward, which authorizes Subrecipient to provide certain services, said Subaward being Number ENP 202108 of County contracts dated July 1, 2024 (“County Agreement” attached hereto as Exhibit B).
B. The County Agreement provides that Subrecipient may subcontract for certain professional services subject to prior the County’s approval, where subcontracts are referred to general as lower tier subawards.
C. Subrecipient desires to engage Lower Tier Subrecipient to provide professional services as detailed elsewhere in this Agreement.
D. Lower Tier Subrecipient desires to perform and provide such services.
The parties therefore agree as follows:
1. Lower Tier Subrecipient’s Services.
1.1 Scope of Services.
(a) This Agreement is a lower tier subaward, under the terms of the County Agreement, identified as Subaward Number ENP 242507, with the County of Los Angeles Aging and Disabilities Department (AD), and shall be subject to all of the provisions of the County Agreement. All representations and warranties under this Agreement shall inure to the benefit of the County of Los Angeles. (b) Lower Tier Subrecipient shall perform and provide the services as set forth in the “Statement of Work,” attached hereto as Exhibit A. (c) The rights and obligations of the parties under this Agreement shall be subject to and governed by the Statement of Work, the County Agreement, and by the provisions provided in this Agreement.
(d) In the case of any conflict between the Lower Tier Subrecipient's obligations under the County Agreement, the Statement of Work, and this Agreement, Lower Tier Subrecipient shall, to the extent possible, comply with all provisions in this Agreement, the Statement of Work, and the County Agreement. 2 3
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9 1.2 Applicable Sections of the County Agreement. All terms and conditions set forth in the County Agreement, as applicable in the performance of this Agreement, are incorporated into this Agreement by reference as though set forth fully in this Agreement.
Lower Tier Subrecipient shall adhere to all applicable terms and conditions set forth in the County Agreement. A true and correct copy of the County Agreement is attached as Exhibit B.
1.3 Personnel.
(a) Lower Tier Subrecipient has, or shall secure at its own expense, all personnel required to administer this Agreement. All of the services required under this Agreement shall be performed by Lower Tier Subrecipient or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
To assure all meals are prepared in a safe, sanitary environment, in compliance with the California Health and Safety Code, the Los Angeles County Aging and Disability Department (“AD”) Standard Operating Procedures Manual, Lower Tier Subrecipient shall comply with the following requirements:
(i) Lower Tier Subrecipient shall either hire a: (1) part-time Registered Dietician (minimum twenty (20) hours a week) who possesses a Bachelor’s Degree or Master’s Degree in Nutrition/Dietetic with an institutional food management emphasis from an accredited college or university, for supervision of the food services operation within the catering company or central kitchen; or (2) qualified Food Service Manager who possesses a B.S. Degree in Food and Nutrition with emphasis on food service management or restaurant management from an accredited college or university, plus two (2) years professional experience as a food services supervisor; no less than six (6) years of experience in the food service industry at a supervising level can be substituted for the 4-year degree requirements.
(ii) Lower Tier Subrecipient must submit to Subrecipient the registration I.D. number and expiration date of the Registered Dietician along with complete verifiable resumes of the Registered Dietician or Food Service Manager for the County’s AD approval.
(iii) Subrecipient may, at its sole discretion, waive this requirement or, for repeated deficiencies of non-compliance, require Lower Tier Subrecipient to fill both positions, or expand the required positions to full time positions. (iv) The County’s consent to sub-contract shall not waive County’s right to prior and continuing approval by the County’s Contract Manager of the hiring of a Food Services Manager responsible for the direct administration of food services for seniors.
(v) Non-Hire. Subrecipient acknowledges that Lower Tier Subrecipient has invested considerable amounts of time and money in training its Supervisory Employees. Therefore, the Subrecipient agrees that during the Supervisory Employee’s employment with Lower Tier Subrecipient and for a period of twelve (12) months thereafter no Supervisory Employees of Lower Tier Subrecipient will be hired by Subrecipient nor any facility affiliated with Subrecipient, nor will Subrecipient permit employment of Lower Tier Subrecipient Supervisory Employees on Subrecipient’s Premises or the Premises of any facility affiliated with Subrecipient. Subrecipient agrees that if it violates this provision, 3 3
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9 Subrecipient shall pay to Lower Tier Subrecipient and Lower Tier Subrecipient shall accept as liquidated damages and not as a penalty, an amount equal to one time the annual salary) of the Supervisory Employee(s) hired by or allowed to work with Subrecipient in violation of the terms of this Agreement. Lower Tier Subrecipient shall be entitled to pursue all other remedies available under federal, state, or local law. This provision shall survive the termination of this Agreement.
1.4 Party Representatives. For the purposes of this Agreement, the Subrecipient Representative shall be Gabriela Regalado, Director of Social Services, and Daniel Abrego, Interim Senior Center Manager (collectively, the “Subrecipient Representative”).
For the purposes of this Agreement, the Lower Tier Subrecipient Representative shall be John Kirk, President and Isabelle Oller, Business Development Director (collectively, the “Lower Tier Subrecipient Representative”).
1.5 Time of Performance. Lower Tier Subrecipient shall commence the services immediately upon receipt of a notice to proceed from the Subrecipient Representative.
Lower Tier Subrecipient shall perform all services by the deadline established by the Subrecipient Representative or, if no deadline is established, with reasonable diligence. In Fiscal Year 2023/24, there are 251 serving days, including the following holidays and special occasions (special menus): Mexican Independence; St. Patrick’s Day; Oktoberfest; Easter; Halloween; Cinco de Mayo; Lunar New Year’s; Mother’s Day; Valentine’s Day; Indigenous Peoples Day, Caesar Chavez Day, and Father’s Day.
1.6 Permits and Licenses. Lower Tier Subrecipient shall obtain and maintain during the Agreement term all necessary licenses, permits, certificates, and other documents required by law or by Subrecipient, the County, the State, or other governmental or regulatory bodies for the provision of services under this Agreement, including a business license, public health license, Los Angeles County Health Department Inspection Reports, annual Fire Inspection Certificates, and other documents attached for the County’s approval. Lower Tier Subrecipient shall notify Subrecipient of any suspension, termination, lapses, non-renewals, or restrictions of required licenses, permits, certificates, or other documents that may be cause for termination of this Agreement.
2. Term of Agreement. The initial term of this Agreement shall be from the Effective Date through June 30, 2024, subject to the provisions of Sections 10, 11, and 13, and availability of Federal funds through the AD. This Agreement shall automatically renew annually for consecutive one (1) year terms, unless sooner terminated as provided in Section 13 of this Agreement. However, Subrecipient shall bid all agreements for food services during the AD RFP period. Subrecipient shall bid on subsequent project fiscal year food services contract. Subrecipient shall award contracts based on cost, capacity to provide service, proven competency, quality of product, proximity of meal locations, or other justifiable reasons subject to review and acceptance by the AD.
3. Compensation.
3.1 Compensation. As full compensation for Lower Tier Subrecipient’s services provided under this Agreement during Fiscal Year 2023/24, Subrecipient shall pay Lower Tier Subrecipient the following amounts per meal: (1) Congregate Meals: $4.71 per meal; 4 3
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9 (2) Home Delivered Meals: $5.57 per meal; and (3) Emergency/Frozen Meals: $5.33 per meal. The total compensation under this Agreement shall be a sum not-to-exceed Four Hundred Ninety Thousand Dollars ($630,000.00) (the “maximum compensation”). In no event shall the Consultant be paid more than the maximum compensation (which includes expenses and additional services, if any) during the term of this Agreement.
3.2 Expenses. The amount set forth in Section 3.1 shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
3.3 Additional Services. Subrecipient shall not allow any claims for additional services performed by Lower Tier Subrecipient, unless the City Council or the City Manager, as authorized, authorizes the additional services in writing prior to Lower Tier Subrecipient’s performance of the additional services or the incurrence of additional expenses. Subrecipient shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3.4 Future Pricing. Pricing adjustments shall be made on an annual basis and shall be for the increase over the prior twelve (12) months in the most recently released U.S. Department of Labor Consumer Price Index, All Urban Consumers, National Average Unadjusted, Food Away From Home. However, any annual increase in pricing shall not exceed three percent (3%) per year. Up to ninety (90) days prior to the anniversary of the Commencement Date, Lower Tier Subrecipient shall provide Subrecipient notification of the adjustment. On the anniversary date, Lower Tier Subrecipient proposed adjustments shall go into effect, unless the Parties have entered into a written agreement with an alternative cost adjustment.
4. Method of Payment.
4.1 Invoices. Not later than the fifteenth (15 th) day of each month, Lower Tier Subrecipient shall submit to Subrecipient detailed invoices for all services performed pursuant to this Agreement during the prior month. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due.
Subrecipient shall review the invoices and notify Lower Tier Subrecipient in writing within ten (10) business days of receipt of any disputed invoice amounts.
4.2 Payment. Subrecipient shall pay all undisputed portions of the invoices within thirty (30) calendar days after receipt up to the maximum compensation specified in Section
3.1 of this Agreement. Subrecipient shall not withhold federal payroll, state payroll and other taxes, or other similar deductions from each payment made to Lower Tier Subrecipient.
4.3 Audit of Records and Bonding.
(a) Lower Tier Subrecipient shall maintain financial records and reports related to funds received under this Agreement.
(b) Lower Tier Subrecipient shall remain fully responsible for all performance and fiscal monitoring required of it under this Agreement, including those that 5 3
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9 Subrecipient has determined to sub-contract with, notwithstanding the County’s approval of Subrecipient’s proposed sub-contract.
(c) Lower Tier Subrecipient shall maintain books, records, documents, and other accounting procedures and practices that reflect all costs of any nature, including cost of raw food and labor costs expanded in the performance of this Agreement. These records shall be subject to audit or inspection by duly authorized County, State, or Federal personnel.
(d) Lower Tier Subrecipient shall maintain all books, records, and other documents relative to this Agreement for three (3) years after final payment or audit by the United States Department of Health and Human Services, the California Department of Aging, or the County of Los Angeles, or for five (5) years if no audit has occurred. (e) Lower Tier Subrecipient shall provide to the Subrecipient, on an annual fiscal year basis, an Insurance Certification that all persons handling funds received or disbursed by this Agreement are covered by Liability Insurance, Workers’ Compensation Insurance, and applicable Automobile Insurance.
(f) Lower Tier Subrecipient shall provide, on an annual basis, an official copy of the Certified Public Accountant’s Financial Review Report, which shall be conducted following generally accepted accounting practices, to determine that there has been a proper accounting for and use of the County Agreement funds. All records of the Lower Tier Subrecipient bearing upon food purchases, storage, and food preparation directly related to said program under this Agreement shall be made available to Subrecipient upon request.
(g) Lower Tier Subrecipient shall furnish reports as required by Subrecipient, the AD, California Department of Aging, and the U.S. Administration on Aging.
(h) Lower Tier Subrecipient shall use standardized recipes that meet Hazard Analysis and Critical Control Point (“HACCP”) requirements as part of their HACCP Program and which shall be available to Subrecipient and the AD for review. (i) Lower Tier Subrecipient shall supply raw food and labor costs to Subrecipient as needed.
(j) Lower Tier Subrecipient shall permit periodic monitoring of contracted activities by the Subrecipient, Dietary Administrative Support Services Subrecipient, County, State, or Federal personnel.
5. Standard of Performance. Lower Tier Subrecipient shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to Subrecipient.
6. Ownership of Documents. All reports, documents or other written material (“written products”) developed by Lower Tier Subrecipient in the performance of this Agreement shall be and remain Subrecipient’s property without restriction or limitation upon its use or dissemination by Subrecipient. Written products shall not be the subject of a copyright application by Lower Tier Subrecipient. Any alteration or reuse by Subrecipient of any written products on any project other than the project for which they were prepared 6 3
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9 shall be at Subrecipient’s sole risk, unless Subrecipient compensates Lower Tier Subrecipient for such reuse.
7. Status as Independent Contractor. Lower Tier Subrecipient is, and shall at all times remain as to Subrecipient, a wholly independent contractor. Lower Tier Subrecipient shall have no power to incur any debt, obligation, or liability on behalf of Subrecipient. Neither Subrecipient nor any of its agents shall have control over the conduct of Lower Tier Subrecipient or any of Lower Tier Subrecipient’s employees, except as set forth in this Agreement. Lower Tier Subrecipient shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner Subrecipient employees. Lower Tier Subrecipient shall pay all required taxes on amounts paid to Lower Tier Subrecipient under this Agreement and indemnify and hold Subrecipient harmless from any and all taxes, assessments, penalties, and interest asserted against Subrecipient by reason of the independent contractor relationship created by this Agreement. Lower Tier Subrecipient shall fully comply with the workers’ compensation law regarding Lower Tier Subrecipient and Lower Tier Subrecipient’s employees. Lower Tier Subrecipient shall indemnify and hold Subrecipient harmless from any failure of Lower Tier Subrecipient to comply with applicable workers’ compensation laws. Subrecipient may offset against the amount of any fees due to Lower Tier Subrecipient under this Agreement any amount due to Subrecipient from Lower Tier Subrecipient as a result of Lower Tier Subrecipient’s failure to promptly pay to Subrecipient any reimbursement or indemnification arising under this Section 7.
8. Confidentiality. All data, documents, discussion or other information (collectively “data”) developed or received by Lower Tier Subrecipient or provided for performance of this Agreement are deemed confidential. Lower Tier Subrecipient shall keep all data confidential and shall not disclose any data to any person or entity without Subrecipient’s prior written consent. Subrecipient shall grant such consent if disclosure is legally required. Lower Tier Subrecipient shall return all data to Subrecipient upon the expiration or termination of this Agreement. Lower Tier Subrecipient’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflict of Interest. Lower Tier Subrecipient, during the term of this Agreement, shall have no interest, direct or indirect, with respect to Subrecipient that would create a conflict of interest. No member, officer, or employee of Subrecipient, and no official, officer, or employee of the County of Los Angeles who exercises any responsibilities or functions with respect to Subrecipient during his or her tenure, or for one year thereinafter, shall have any interest direct or indirect, in this Agreement or the proceeds of this Agreement. Lower Tier Subrecipient warrants that no person has been employed to solicit or secure this Agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give Subrecipient the right to terminate this Agreement or, at Subrecipient’s discretion, to deduct from Lower Tier Subrecipient's fees the amount of such commission, percentage, brokerage, or contingent fee.
10. Indemnification. Lower Tier Subrecipient agrees to indemnify, defend and hold harmless Subrecipient and the County, and their officers, attorneys, agents, employees, designated volunteers, successors, and assigns against any and all claims 7 3
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9 arising from acts, omissions, or negligence of Lower Tier Subrecipient, its officers or employees unless such claims are due to the sole active negligence or willful misconduct of Subrecipient. Further, Lower Tier Subrecipient agrees to indemnify, defend, and hold harmless the County and Subrecipient, and their agents, officers, and employees from any and all liability including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys’ fees arising under any wage and hour law including, the Federal Fair Labor Standards Act, for services performed by Lower Tier Subrecipient’s employees for which Subrecipient or the County may be found jointly or solely liable. Lower Tier Subrecipient shall defend any suit against Subrecipient and the County alleging personal injury, sickness, or disease arising out of meals served at the project sites provided food is served within two (2) hours after delivery. Subrecipient shall promptly notify Lower Tier Subrecipient in writing of any claims against Lower Tier Subrecipient or Subrecipient and, in the event of a suit being filed. Lower Tier Subrecipient shall promptly forward to Subrecipient all papers in connection therewith. Subrecipient shall not incur any expenses or make any settlement without Lower Tier Subrecipient’s consent. However, if Lower Tier Subrecipient refuses or neglects to defend any such suit, Subrecipient may defend, adjust, or settle any such claim, and the cost of such defense, adjustment, or settlement, including reasonable attorneys’ fees, shall be charged to Lower Tier Subrecipient. Lower Tier Subrecipient’s covenant under this Section 10 shall survive the expiration or termination of this Agreement
11. Insurance.
11.1 Lower Tier Subrecipient shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best Insurance Rating Guide, and approved by Subrecipient, a policy or policies of: (1) broad-form commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000) each occurrence, Two Million Dollars ($2,000,000) general aggregate, One Million Dollars ($1,000,000) products/completed operations aggregate, and One Million Dollars ($1,000,000) personal and advertising injury; (2) automobile liability insurance, with minimum combined single limits of One Million Dollars ($1,000,000) for each accident, including coverage for all “owned,” “hired,” and “non-owned” vehicles, or coverage for “any auto”; (3) workers’ compensation insurance with a minimum limit of One Million Dollars ($1,000,000), or the amount required by law, whichever is greater; (4) sexual misconduct per claim of Two Million ($2,000,000) and Two Million aggregate ($2,000,000); (5) privacy and network security with minimum limit of One Million ($1,000,000). Subrecipient, its officers, employees, attorneys, and designated volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automobile liability with respect to liabilities arising out of Lower Tier Subrecipient’s performance of services under this Agreement.
11.2 Each insurance policy required by this Section 11 shall be endorsed as follows: (1) the insurer waives the right of subrogation against Subrecipient and its officers, employees, agents and representatives; (2) except for workers’ compensation policies, the policies are primary and non-contributing with any insurance that may be carried by 8 3
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9 Subrecipient; and (3) the policies may not be canceled or materially changed except after thirty (30) calendar days’ prior written notice by insurer to Subrecipient, unless canceled for non-payment, then ten (10) calendar days’ notice shall be given.
11.3 All insurance coverages shall be confirmed by execution of endorsements required under Section 11.2. Lower Tier Subrecipient shall file the endorsements with Subrecipient on or before the date of commencement of services pursuant to this Agreement, and thereafter maintain current endorsements on file with Subrecipient. The endorsements are subject to Subrecipient’s approval. Lower Tier Subrecipient shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11.
11.4 In the event of any new or additional meal locations are started, the insurance carrier shall name all new or additional sites as insured under the policies required by this Section 11.
11.5 Lower Tier Subrecipient’s failure to procure or maintain the insurance policies required under this Section 11 shall constitute a material breach of this Agreement and Subrecipient may immediately terminate this Agreement.
12. Cooperation. In the event any claim or action is brought against Subrecipient relating to Lower Tier Subrecipient’s performance of services under this Agreement, Lower Tier Subrecipient shall render any reasonable assistance and cooperation that Subrecipient requires.
13. Termination. Subrecipient and Lower Tier Subrecipient may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to the other party at least thirty (30) calendar days before the termination is to be effective.
Subrecipient may terminate this Agreement immediately, without advance written notice, for cause. In addition, Subrecipient may terminate this Agreement because of lack of funds, repeated citations by the AD, and failure to make corrective actions required by the AD. In the event funds to finance this Agreement, or part of this Agreement, become unavailable, the obligations of each party under this Agreement may be terminated upon no less than ten (10) calendar days’ written notice delivered to the other party by certified mail, telegram, or in person. The AD shall be the final authority as to the availability of Federal or State funds. Lower Tier Subrecipient shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. Lower Tier Subrecipient shall be paid for services satisfactorily rendered to the last working day this Agreement is in effect, and Lower Tier Subrecipient shall deliver all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. In no event shall Lower Tier Subrecipient be entitled to receive more than the maximum compensation set forth in Section 3 of this Agreement that would be paid to Lower Tier Subrecipient for the full performance of the services required by this Agreement. Neither party shall have any other claim against the other party by reason of such termination.
14. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and given by first class United States mail or by personal service. Notices shall be conclusively deemed 9 3
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9 effective on: (a) personal delivery, (b) confirmed delivery by courier service during Lower Tier Subrecipient’s and Subrecipient’s regular business hours, or (c) the third (3rd) business day after deposit in the United States mail, by first class mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section 14. All notices shall be delivered to the parties at the following addresses:
If to Subrecipient: Gabriela Regalado, Director of Social Services City of Norwalk
12700 Norwalk Boulevard
Norwalk, California 90650
Fax: (562) 929-5773
With a copy to:
Daniel Abrego, Interim Senior Center Manager
City of Norwalk
Norwalk Senior Center
14040 San Antonio Dr.
Norwalk, California 90650
Fax: (562) 929-5532
If to Lower Tier Subrecipient: John Kirk, President
Trio Community Meals
100 Valley Drive
Pearl, MS 39208
Fax:
With a copy to:
Isabelle Oller, Business Development Director
Trio Community Meals
100 Valley Drive
Pearl, MS 39208
Fax:
15. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Lower Tier Subrecipient shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Lower Tier Subrecipient shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information 10 3
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9 or sexual orientation. Lower Tier Subrecipient shall comply with all Federal, State, and County laws or regulations pertaining hereto, including the Americans with Disabilities Act and applicable Civil Rights Acts. Upon receipt of evidence of such discrimination by Lower Tier Subrecipient, Subrecipient may terminate this Agreement. A written affirmative action plan, embodying both (1) goals and timetables of minority manpower utilization and (2) specific affirmative action steps directed at increasing minority utilization by means of applying good faith efforts to carry out such steps is to be included.
16. Prohibition of Subcontracting, Assignment and Delegation. Lower Tier Subrecipient shall not subcontract, assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without Subrecipient’s prior written consent, except that claims for monies due, or to become due, from Subrecipient under this Agreement may be assigned to a bank, trust company, or other financial institution, or withheld by the County. Subrecipient’s consent to a subcontract or an assignment of rights under this Agreement shall not release Lower Tier Subrecipient from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted subcontract, assignment or delegation in violation of this Section 16 shall be void and of no effect and shall entitle Subrecipient to terminate this Agreement. As used in this Section 16, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
17. Compliance with Laws.
17.1 All Applicable Laws. Lower Tier Subrecipient shall, at its own cost and expense, comply with all federal and state laws, and local laws, ordinances, codes, regulations, and requirements applicable to this Agreement, whether now in force or hereinafter enacted, including the ordinances, regulations, policies, codes, and provisions of the County and the AAA. Lower Tier Subrecipient shall conform to the nutrition requirements under Title III-C of the Older Americans Act of 1965, as amended, including providing the minimum Title III-C requirement per person of one third of the Recommended Daily Allowance (RDA). Lower Tier Subrecipient shall comply with the California Uniform Retail Food Facilities Law (CURFFL), the HACCP requirements, and AAA Policies and Procedures for Senior Nutrition Sites, Central Kitchens, and Home Delivered Meals.
17.2 Citizenship Laws. Lower Tier Subrecipient and Subrecipient warrant their full compliance with all laws regarding employment of aliens and others, and that all its employees performing services under this Agreement meet the citizenship or alien status requirements contained in the Federal Immigration Reform and Control Act of 1986. Lower Tier Subrecipient and Subrecipient shall obtain, from all covered employees providing services under this Agreement, all verification and other documentation of employment eligibility status required by Federal statutes and regulations as they currently exist and are amended. Lower Tier Subrecipient and Subrecipient shall indemnify, defend and hold harmless the County, its officers, and employees from employer sanctions and any other liability that may be assessed against Lower Tier Subrecipient and Subrecipient or County, 11 3
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9 or both, in connection with any alleged violation of Federal statues or regulations pertaining to the eligibility for employment of persons performing services under this Agreement.
17.3 American Rescue Plan Act Funding Requirements. As a condition of receiving American Rescue Plan Act (“ARPA” funds from the County, subrecipients of any tier are required to comply with Exhibit GG of the County Agreement, which has been attached to this Agreement as Exhibit C. Lower Tier Subrecipient shall be required to comply with all requirements of the APRA, and any guidance provided by U.S. Dept. of the Treasury. To the extent there are any conflicts between Exhibit GG and this Agreement, Exhibit GG shall control unless otherwise stated.
18. No Third Party Beneficiaries Intended. Except as otherwise provided in Sections 1.1(a) and 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Non-Waiver of Terms, Rights and Remedies. No waiver by any party of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. No delay or omission to exercise any right, power or remedy accruing to Subrecipient under this Agreement shall impair any right, power or remedy of Subrecipient, nor shall it be construed as a waiver of, or consent to, any breach or default by Lower Tier Subrecipient.
Further, no payment made by Subrecipient to Lower Tier Subrecipient shall constitute or be construed as a waiver by Subrecipient of any breach or default by Lower Tier Subrecipient, and the making of any such payment by Subrecipient shall in no way impair or prejudice any right or remedy available to Subrecipient with regard to such breach or default. Waivers of breach of any provision of this Agreement shall be construed to be a modification of terms of this Agreement.
20. Exhibits; Precedence. All documents referenced as exhibits in this Agreement constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
21. Entire Agreement; Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may be modified only by a writing signed by both parties and upon prior written approval from the County.
22. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement. 12 3
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9 23. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
24. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the Subrecipient.
25. Attorneys’ Fees. In any litigation or other proceeding by which one party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
26. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
27. Counterparts. This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. One counterpart shall be delivered to Lower Tier Subrecipient, one counterpart shall be delivered to the City Clerk for archiving and one counterpart shall be delivered to Social Services Department for day- to-day reference. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 26.
The parties, through their respective authorized representatives, are signing this Agreement on the date stated in the introductory clause.
ATTEST:
By:
Theresa Devoy, City Clerk
CITY OF NORWALK
a California municipal corporation
By:
Jesus M. Gomez, City Manager
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9 APPROVED AS TO FORM:
By: _____________________________
Arnold M. Alvarez-Glasman, City
Attorney
TRIO COMMUNITY MEALS, LLC
a Mississippi limited liability company
By:
Name: John Kirk
Title: President
By:
Name: Isabelle Oller
Title: Business Development Director
Exhibit A, Pg. 1
EXHIBIT A
STATEMENT OF WORK
Lower Tier Subrecipient shall provide the following congregate, home delivered, emergency and frozen meals:
Congregate meals:
Meals to be ordered by Subrecipient:
Daily average - 175 at the Senior Center
Daily average - 50 at the Social Services Center
Total of average - 225 meals per day x average 5 days a week = average 1125per week The average of 1125 meals per week x 52 weeks per year = average of 58500 meals per year.
Home delivered meals:
These meals shall be packaged and ready.
Daily average - 225 meals.
Total average - 225 meals per day x 5 days a week = average of 1,125 meals per week.
The average 1,125 meals per week x 52 weeks per year = average of 58,500 meals per year.
Emergency meals:
Total of 675 meals per year and requested as needed.
Frozen meals:
Total of 8810 meals as needed.
Lower Tier Subrecipient shall provide meals on time on a daily basis and notify the Subrecipient of meal substitutions in a timely manner.
Lower Tier Subrecipient shall provide monthly birthday cake on the last day of each month for recognition of birthdays.
Lower Tier Subrecipient shall provide Senior Nutrition menu calendars two (2) months in advance for Subrecipient’s and the County’s approval.
Exhibit B, Pg. 1
EXHIBIT B
SUBAWARD
NUMBER ENP 202108
(Attached)
I
I
/c:r~~ NORWALK
A Connoctod Community
Applicant/Interested Party
Campaign Contribution Disclosure Form
Land use, entitlements, licenses, permits, f ranchlses, contracts (excluding labor and competitively bid contracts)
California Government Code Section 84308, commonly referred to as the HLevlne Act," prohibits any Norwalk City Council Member or Planning Commissioner (if they are running for City Council) from psrtlclpatlng In any action related to a contract or application if he or she receives any po/it/cal contributions totaling more than $250 within the previous 12 months, and for 12 months following the date a final decision from the business or applicant. The Levine Act also requires a member of the Official who has received such a contribution to dl&ctose the contribution on the record of the proceeding.
Contribution Disclosure
Please list all contributions in excess of $250 (either as a single payment or in aggregate) made within the past 12 months to officers of the agency involved in the above-mentioned type of proceeding by any parties (applicants) or their agents or representatives, including corporations, limited liability companies (LLCs), or other business entities and principals thereof. You may attach additional pages as necessary to list contributions made to Involved agency officers and provide additional information about the contributor's relationship with the recipient.
Cor,tribllltor Name: TRIO Community Meals
Dote of
Comtribution Recioient Officer /Candidate
No oootribufion made: It/ I
Contribution Refunded:
Amount Yes No Dote of Ref.und
-
-
Pra~ding contributions to candidates does not preoJude the City Council from awarding a contract or approving an applical:ion or any subsequent action. It does, however, preolude the identified City Cooncil Member!Planning Commi$$ioner(s) from partioJpating In any actions related lo your proposal I or appf,catJon. Additionally, this intormation must be updated if contributions e~ceed $250, and no less than 45 days before any agency consideration of an Item In wh1ch you or your company is engaged v.ith the City..
f dedare under penaUy of perjury that the information which has been incfuded in this Disciosure Form is true ~nd cor ct.
( ' t
Signature of Applicant
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Public Services Director/City Engineer Jacqueline Koontz, P.E., Senior Civil Engineer
Julio Gonzalez, Associate Engineer
SUBJECT: AGREEMENT AMENDMENT NO. 2 - EMERGENCY STREET LIGHT
MAINTENANCE SERVICE PROVIDERS AND STREET LIGHT POLE
REPLACEMENTS
Background:
In August 2018, the City took ownership of 3,333 existing street light poles citywide that were purchased from Southern California Edison. In September 2019, the City advertised for emergency on-call street light repair, replacement, and maintenance services. Services included but not limited to are: repairs for street light pole knockdowns, exposed or damaged electrical components and wiring, damaged traffic signal cabinets, vandalism and copper wire theft and services requiring an experienced traffic signal technician. The Contractor provides all equipment, materials, vehicles, transportation, personnel, and licenses and certifications necessary to complete the work.
Agreements are based on the contractor’s hourly labor and equipment rates for responding to incidents during normal business hours versus after hours. A 12% mark-up is included for street light poles purchased by the City, stored and installed by the contractor. The contractor will be required to respond to any emergency knockdown within 45 minutes. On an annual basis, the City budgets for these services, in addition to the costs for purchasing replacement street light poles, street light fixtures and bulbs, and traffic signal and other related supplies and materials.
Due to the nature of emergency response services, and availability of contractors, staff recommended entering into agreements with two contractors. If City staff are not able to reach the primary contractor, or they are not able to respond within the timeline, the secondary contractor is contacted. In October of 2019, City Council approved agreements with Siemens Mobility Inc. of Riverside (now Yunex LLC “Yunex”) as the primary contractor and Computer Service Company (now Crosstown Electrical and Data Inc. “Crosstown”) as the secondary
City Council June 18, 2024
Street Light Maintenance and Pole Replacements
Agreement Amendment No. 2
Page No. 2
9 0
2 contractor for emergency on-call services. The initial agreement term was from the effective date through June 30, 2021, with the option to extend for two additional one-year periods through June 30, 2023. Services provided by Yunex and Crosstown have been essential with handling of streetlight and traffic signal related repairs, replacements, and maintenance needs. Due to this, term of their agreements were extended to June 30, 2024.
Extending the agreement terms for services with Yunex and Crosstown for fiscal year (FY) 2024/25 allows them to address the City’s current open work orders with existing street light poles in stock and assist City staff with future emergencies that may arise.
For information, 27 street light poles have been damaged/knocked down and 18 of them have been replaced to date.
Fiscal Impact:
Costs for these services will vary depending on the personnel and equipment needed, time spent to complete the work, and pricing of street light poles and materials needed. Estimated expenditures for both Yunex and Crosstown are included in the approved FY 2024/25 Public Services General Fund budget in the amount of $515,000.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve Amendment No. 2 for emergency street light maintenance and pole replacement services with:
a. Yunex LLC extending the agreement through June 30, 2025; and authorize the City Manager to execute Amendment No. 2, on behalf of the City, in a form approved by the City Attorney; and
b. Crosstown Electrical and Data Inc. extending the agreement through June 30, 2025; and authorize the City Manager to execute Amendment No. 2, on behalf of the City, in a form approved by the City Attorney.
Attachments:
Campaign Contribution Forms
City Council Agenda Report
June 18, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Jana Stuard, Director of Finance/City Treasurer
SUBJECT: ADOPTION OF JOINT TAX TRANSFER RESOLUTION FOR ARTESIA
CEMETERY DISTRICT, DOWNEY CEMETERY DISTRICT, AND LITTLE LAKE CEMETERY DISTRICT REORGANIZATION NO. 2021-03
Background:
The City received the attached letter from the County of Los Angeles Chief Executive Office requesting that the City Council, as governing body for the City of Norwalk and former Norwalk South-East Recreation and Park District, adopt a Joint Tax Transfer Resolution (Resolution) authorizing the negotiated exchange of property tax revenue between the County, the cities, and the Downey Cemetery District, Little Lake Cemetery District, and Artesia Cemetery District.
The Resolution provides tables that specify the tax rate areas and their corresponding annual tax increment ratios that will be transferred to each district for each fiscal year. The document also mentions the annexation of territory and the filing of a statement of boundary change for the Reorganization 2021-03 with the Board of Equalization. The area proposed for annexation is identified as Reorganization 2021-03 to reorganize approximately 81± acres of inhabited territory located in the Cities of Bell Gardens, Bellflower, Cerritos, Downey, La Mirada, Lakewood, Norwalk, Paramount, Santa Fe Springs, South Gate; and Los Angeles County unincorporated territory (South Whittier).
Section numbers 21, 34, 41 and 42 of the attached Resolution relate to the City of Norwalk as Norwalk South-East Recreation and Park District (SERPD) and to the City of Norwalk. The combined impact to the City’s property tax revenues is a loss of 0.002022501 in annual tax increment ratio, to the Downey Cemetery District and Little Lake Cemetery District. The following table summarizes the overall impact of each section.
City Council June 18, 2024
Joint Tax Transfer Resolution -Artesia, Downey and Little Lake Cemetery Districts – Reorganization No. 2021-03
Page No. 2
9 1
4 From To Net Annual Tax
Increment Ratio
Transfer
21. City of Norwalk SERPD Downey Cemetery District 0.000123473
34. Little Lake Cemetery
District
City of Norwalk SERPD 0.000215675
41. City of Norwalk Little Lake Cemetery District 0.000264636
42. City of Norwalk SERPD Little Lake Cemetery District 0.001850067 TOTAL IMPACT TO THE CITY -0.002022501
Fiscal Impact:
Reorganization No. 2021-03 and the tax transfers it includes will reduce the total City’s Annual Tax Increment Ratio by 0.002022501, which will have a minimal impact to the General Fund property tax revenues.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
Ther recommended action will further the City’s Strategic Plan Goal 3: Create and sustain a resilient and economically prosperous City.
Recommended Action:
Staff recommends City Council adopt the JOINT TAX TRANSFER RESOLUTION FOR
ARTESIA CEMETERY DISTRICT, DOWNEY CEMETERY DISTRICT, AND LITTLE LAKE CEMETERY DISTRICT REORGANIZATION NO. 2021-03.
Attachments:
Joint Tax Transfer Resolution
May 24, 2024
Jesus M. Gomez, City Manager
City of Norwalk
Norwalk SE Recreation and Park District
12700 Norwalk Blvd
Norwalk, CA 90650
[email protected]
Dear Mr. Gomez:
JOINT TAX TRANSFER RESOLUTION
ARTESIA CEMETERY DISTRICT, DOWNEY CEMETERY DISTRICT, AND LITTLE LAKE CEMETERY DISTRICT REORGANIZATION NO. 2021-03
Enclosed is a Joint Tax Transfer Resolution (Resolution) for adoption by the City Council as the governing body for the City of Norwalk and Norwalk SE Recreation and Park District. Included are seven (7) original signature pages for execution by each taxing entity. Please assist our office in processing the enclosed Resolution and returning signed signature pages to:
Robert Moran / Doyle Chow
County of Los Angeles, Chief Executive Office
Budgets and Operations Manag0065ment Branch
500 West Temple Street, Room 750
Los Angeles, CA 90012
In addition, please provide scans of the fully executed signature pages to Doyle Chow of the Chief Executive Office at [email protected]. For any questions on the matter, please contact Doyle Chow by email or at 213-893-0055.
Kathryn Barger
Fifth District
COUNTY OF LOS ANGELES
Kenneth Hahn Hall of Administration
500 West Temple Street, Room 713, Los Angeles, CA 90012 (213) 974-1101 ceo.lacounty.gov
CHIEF EXECUTIVE OFFICER
Fesia A. Davenport
Janice Hahn
Fourth District
BOARD OF
SUPERVISORS
Hilda L. Solis
First District
Holly J. Mitchell
Second District
Lindsey P. Horvath
Third District
"To Enrich Lives Through Effective And Caring Service"
Jesus M. Gomez
May 24, 2024