AGENDA
CITY COUNCIL
AUGUST 20, 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, August 20, 2024 Page 2 of 4
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: Norwalk Entertainment District, Assessor Parcel Nos. 8047-006-922, 8047-006-924, 8047-006- 925; 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.
II. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE §54956.9 (d)(4) – ANTICIPATED LITIGATION: Initiation of litigation in one matter.
RECESS
REGULAR MEETING – 6:00 p.m.
CALL TO ORDER
Mayor Rios
INVOCATION
Pastor Hue Sang (Hue) Kim and Pastor Soomin Kim
Korean SDA Church
FLAG SALUTE
Blake Nunez
Dolland Elementary School
ROLL CALL
Theresa Devoy, CMC
City Clerk
CLOSED SESSION REPORT
City Council, August 20, 2024 Page 3 of 4
CITY COUNCIL COMMENTS
a. Report of City Council Travel
SPECIAL PRESENTATIONS
I. City Council to proclaim August as National Wellness Month.
CITY MANAGER COMMENTS
1. Sheriff’s Department Update.
2. Firestone Bridge Widening Update.
3. Senior Center Lobby Olympics Video.
4. National Night Out Video.
5. Bi-Weekly Review Video.
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 MEETING OF AUGUST 6, 2024. 825-04
2. PAYROLL FOR THE PERIOD JULY 21, 2024 - AUGUST 3, 2024 Staff recommends City Council to approve gross payroll in the amount of $1,342,153.85; the payroll check numbers 38142 – 38200 and the voucher numbers 334999 – 335528 in the total net amount of $1,001,167.66 for the payroll period July 21, 2024 – August 3, 2024. 630
3. COMMERCIAL DEMANDS
STAFF RECOMMENDS CITY COUNCIL APPROVE THE WARRANT REGISTER PERIOD JULY 30, 2024 – AUGUST 12, 2024, IN THE TOTAL AMOUNT OF $4,312,031.93. 640
4. AGREEMENT – PROJECT NO. 7865 - OFFICE FURNITURE REPLACEMENT AT THE
TRANSPORTATION/PUBLIC SERVICES FACILITY
Staff recommends City Council approve participation in a Cooperative Agreement with Kimball International Brands, Inc. to acquire office furniture in the amount of $390,529.11; 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.
5. RESOLUTION NO. 24-44 - BUDGET AMENDMENT FOR PURCHASE OF UTILITY TRUCK FOR
NORWALK TRANSIT SYSTEM
Staff recommends City Council adopt Resolution No. 24-44, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK authorizing an amendment TO THE FISCAL YEAR 2024/25 ADOPTED BUDGET TO UTILIZE TRANSIT FUNDS TO PROCURE ONE replacement utility work TRUCK, in the amount of $148,731; and authorize the City Manager to execute an agreement with BP Ford of Long Beach to purchase a 2024 Ford F450 Super-Duty Cab & Chassis truck with modifications as specified in the bid
City Council, August 20, 2024 Page 4 of 4
documents, in the amount of $148,731, 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.
6. AGREEMENT FOR PROFESSIONAL SHORT MESSAGE SERVICE ENGAGEMENT AND NOTIFICATION
SERVICE
Staff recommends City Council approve an agreement with Ascendant App, Inc. to provide engagement and notification services, in an amount not to exceed $51,200.00 for two years; 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.
7. PROJECT NO. 7872 - RESOLUTION NO. 24-47 – BUDGET AMENDMENT – CHANGE ORDER NO.1 FOR - TRANSPORTATION CENTER AND SOCIAL SERVICES PARKING LOT RESURFACING – SPEED
HUMPS INSTALL
Staff recommends City Council:
a. adopt Resolution No. 24-47, 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 PROJECT FOR PAVEMENT
RESURFACING ON CECILIA STREET IN CONJUNCTION WITH NEW SPEED HUMP INSTALLATIONS, in the amount of $140,000; and
b. approve Construction Change Order No. 1 to All American Asphalt for Project No. 7872, Transportation Center and Social Services Parking lot resurfacing, in the amount of $129,203 to include pavement resurfacing eastbound Cecilia Street between Orr & Day Road and Fairford Avenue; and authorize the City Manager to execute the amendment, on behalf of the City, in a form approved by the City Attorney. 1005-04-7872
APPOINTMENTS
8. 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. 200
REPORTS
9. MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT RENEWAL Staff recommends City Council approve the agreement with the County of Los Angeles for Municipal Law Enforcement Services for the period of July 1, 2024, through June 30, 2029, in the amount of $18,431,430 for Fiscal Year 2024/25, with adjustments for subsequent fiscal years based on negotiated rate changes and costs associated with law enforcement services; and authorizes the City Manager to execute the agreement on behalf of the City, in a form approved by the City Attorney.
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 August 15, 2024.
Theresa Devoy, CMC
City Clerk
20240806
825-04
MINUTES OF THE CLOSED SESSION AND REGULAR MEETINGS
NORWALK CITY COUNCIL
NORWALK, CALIFORNIA
AUGUST 6, 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 Valencia, and Mayor Rios. 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
Addressing City Council regarding Item No. IV were Estefany Castaneda , Christina Sanchez, Mayra Macias, Oscar Chavez, and Toribio Galindo.
CLOSED SESSION
City Council immediately convened to closed session for discussion on the following matters:
I. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO CALIFORNIA GOVERNMENT CODE §54956.9(d)(2) – ANTICIPATED LITIGATION: BKK Class I Landfill Cost Recovery Efforts in one matter.
II. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE §54956.9(d)(4) – ANTICIPATED LITIGATION: Initiation of litigation in one matter.
III. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO CALIFORNIA GOVERNMENT CODE §54956.8 – Property: parking lot located at 12710 Norwalk Boulevard. Agency negotiator: Jesus M. Gomez, Negotiating parties: Los Angeles Count. Under negotiation: Transfer of Property.
IV. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE §54956.8: Property: Assessor Parcel Number 8045- 008-002 (California Youth Authority); Negotiating Parties: Jesus M. Gomez, City Manager, on behalf of the City and State of California Under Negotiation; Price and Terms of Payment.
RECESS
City Council recessed at 5:50 p.m. pending the commencement of the regular meeting.
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
August 6, 2024
2 REGULAR MEETING
Mayor Rios called the meeting to order at 6:10 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 Danny Casas, Remnant Church; followed by the flag salute, led by Young Marine Sergeant Melanie Alvarez, LCpl Kenneth L. Worley Young Marines.
CLOSED SESSION REPORT
The City Attorney indicated there was no reportable action taken on the matters discussed in closed session.
CITY COUNCIL COMMENTS
Councilmember Valencia congratulated Norma Amescua, as the incoming President of the Norwalk Lions Club of California; reported on her attendance at the S ummer Concert/National Night Out, Norwalk Transit 50
th Anniversary, Southeast Water Coalition
Board of Directors Meeting, Milagro Cinemas Grand Opening, Los Angeles Care Health Plan “Back -to-School Resource Fair ,” and the Milagro Cinemas Commendation Ceremony; shared that the Teachers Association of the Norwalk-La Mirada Annual Caring Beyond the Classroom event will be held August 10; wished all students, teachers , and staff a happy school year. Councilmember Perez congratulated Jim Parker, Executive Director of Regional Transportation, on 50 years of success within the Transportation Department; shared that City newsletters and bulletins were distributed; reported on her attendance at the Peace Officers Association of Los Angeles County meeting, the California Joint Powers Insurance Authority Annual Board of Directors m eeting, briefing with Los Angeles County S heriff Luna, B oard of Supervisors weekly m eeting, and California Contract Cities Executive Board Planning Session; and invited all to attend the Summer Concert and Norwalk Chamber of Commerce Annual “Business Expo” August 7.
Councilmember Ramirez reported on his att endance at the Los A ngeles County Sanitation District meeting, the Firestone Widening Groundbreaking Ceremony, and the City of Santa Fe Springs’ Renovated Aquatics Center Opening. Vice Mayor Ayala recognized members of the audience, thanked the Homeless Operation Prevention and Engagement and Public Safety for their hard work ; announced the upcoming Senior Center Lobby Olympics being held August 7 and 9. Mayor Rios reported on her attendance at the Milagro Cinemas Grand Opening, Public Safety Neighborhood Watch meeting, Firestone Widening Groundbreaking Ceremony , Norwalk Santa Fe Springs Minutes of the Closed Session and Regular Meetings
Norwalk City Council
August 6, 2024
3 Saints Opening Day Ceremony , and Los Angeles Care Health Plan “Back -to-School Resource Fair”; thanked Gabriela Regalado, Director of Social Services and Bethani Cardenas, Housing Manager, regarding assistance with a new cooling center and their support with the Transitional Age Youth meeting.
SPECIAL PRESENTATIONS
City Council recognized Norwalk High School student athlete Mirei Sanchez for competing in the 2024 USA Volleyball National Tournament.
CITY MANAGER COMMENTS
Mr. Gomez shared that the City has designated the Senior Center as a c ooling center.
Richard Newton, Emergency Preparedness Manager, provided a 4 th of July Enforcement
Update. Videos were shared highlighting Norwalk Transit’s 50th Anniversary and the “Bi- Weekly Review.”
CONSENT CALENDAR
Consent calendar items are considered routine matters which may be enacted by one motion and roll call vote. Councilmember Valencia moved and Councilmember Perez seconded to approve consent calendar as recommended. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Perez, Ramirez, and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: None
MEETING MINUTES
City Council approved the minutes of the meetings of July 16, 2024 and July 30, 2024. 825-04
PAYROLL FOR THE PERIOD JULY 7, 2024 - JULY 20, 2024
City Council approved gross payroll in the amount of $1,339,080.90; the payroll check numbers 38133 – 38141 and the voucher numbers 334417 – 334998 in the total net amount of $1,001,788.68 for the pay period July 7, 2024 – July 20, 2024. 630
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
August 6, 2024
4 COMMERCIAL DEMANDS
City Council approved the warrant register period July 9, 2024 – July 29, 2024, in the total amount of $16,659,277.44. 640
PROJECT NO. 3302-2324 - ACCEPT WORK FOR CITYWIDE SIDEWALK/CONCRETE REPAIR AND REPLACEMENT – ENGINEER’S REPORT 24-10
City Council accepted the work completed by Towo Enterprise, Inc. in the amount of $665,778 for Citywide Sidewalk/Concrete Repair and Replacement and curb ramp installations to comply with Americans with Disabilities Act (ADA) standards.1005-04-3302-2324
PURCHASE OF PUBLIC SAFETY DISPATCH CONSOLES
City Council approved an agreement with Evans Consoles, Inc. to provide a Public Safety Dispatch Console in the amount of $81,129.37; 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. 634-04
AGREEMENT AMENDMENT NO. 11 – PARKING MANAGEMENT SERVICES – EXTENDING TERM TO JUNE 30, 2025, AND AMENDING LANGUAGE
City Council approved Amendment No. 11, extending the term of the agreement with Parking Concepts, Incorporated, for an additional one- year term expiring on June 30, 2025, as well as updating the payment terms; and authorized the City Manager to execute the amendment and any written notices on behalf of the City, in a form approved by the City Attorney. 920-04
RESOLUTION NO. 24 -41 - FISCAL YEAR 2024/25 TRANSPORTATION DEVELOPMENT ACT ARTICLE 4 AND STATE TRANSIT ASSISTANCE ARTICLE 6.5
FUND ALLOCATIONS
City Council adopted Resolution No. 24- 41, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NORWALK ADOPTING THE USE OF TRANSPORTATION DEVELOPMENT ACT ARTICLE 4 AND STATE TRANSIT ASSISTANCE ARTICLE 6.5 FUNDS FOR FISCAL YEAR 2024/25. 1105-02
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
August 6, 2024
5 AGREEMENT AMENDMENT NO. 6 - DESIGN FOR LOCAL STREET
REHABILITATION - ZONE 8 - ENGINEER'S REPORT NO. 24-11
City Council approved Amendment No. 6 for Project No. 7928 with Willdan to add design support services for Project No. 7928.2 in the amount of $14,300; and authorized the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney. 1005-04-7928
AGREEMENT AMENDMENT NO. 2 - PROJECT NO. 7196, FIRESTONE BOULEVARD
BETWEEN STUDEBAKER AND IMPERIAL HIGHWAY CAPITAL IMPROVEMENT
City Council approved Amendment No. 2 to the Agreement with Mark Thomas & Company, Inc. in an amount not to exceed $198,677 for Design Support Services during construction for Project No. 7196; and authorized the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney. 1005-04-7196
AMENDMENT TO NORWALK DEPARTMENT OF TRANSPORTATION DRUG AND
ALCOHOL PROGRAM RULES AND REGULATIONS
City Council adopted the Norwalk Department of Transportation Drug and Alcohol Program Rules and Regulations, as amended August 6, 2024. 1120-01
2028 OLYMPICS AND PARALYMPIC GAMES – HIGH VALUE CORRIDOR
CONCEPTUAL DESIGN
City Council received and filed the Proposed High Value Corridor Improvements for the City of Norwalk. 1110-01
RESOLUTION NO. 24-43 – BUDGET AMENDMENT TO THE FISCAL YEAR 2024/25
APPROVED BUDGET FOR CITYWIDE PAVEMENT MANAGEMENT PROGRAM UPDATE
City Council adopted Resolution No. 24- 43, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2024/25 ADOPTED BUDGET TO APPROPRIATE AVAILABLE PROPOSITION C FUNDING FOR THE CITYWIDE PAVEMENT MANAGEMENT PROGRAM UPDATE, in the amount of $59,840. 610/1045-04
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
August 6, 2024
6 RESOLUTION NO. 24 -42 - ACCEPTING TRANSFER OF PARCEL FROM
SUCCESSOR AGENCY TO CITY FOR FUTURE COURTHOUSE PARKING LOT
EXCHANGE WITH THE COUNTY OF LOS ANGELES
City Council, on behalf of the City and as the governing body of the Successor Agency to the Norwalk Redevelopment Agency:
a. adopted Resolution No. 24- 42, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NORWALK ACCEPTING TITLE TO THE TRANSFER OF REAL PROPERTY LOCATED AT 12710 NORWALK BOULEVARD FROM THE
SUCCESSOR AGENCY TO THE NORWALK REDEVELOPMENT AGENCY FOR GOVERNMENTAL PURPOSES;
b. found that the Property will be used for governmental purpose as a parking lot for judges from the adjacent County courthouse pursuant to the Long Range Property Management Plan;
c. approved the transfer of the Property to the City to effectuate the future exchange of parking lots pursuant to the option agreement with the County of Los Angeles; and d. found that the Property is exempt surplus land pursuant to the exemptions under California Government Code §54221(f)(1)(C) and §54221(f)(1)(D); and that the transfer is not a “project” under CEQA Guidelines §15378(b)(5). 905-02-02
AGREEMENT – MANAGEMENT INFORMATION SYSTEM SERVICES
City Council approved an agreement with IBE Digital for three years from September 1, 2024 through August 31, 2027, with the option of two additional 12 -month terms, in the amount of up to $616,258 for the first year, with an annual rate increase up to 4% in subsequent years; and authorized the City Manager to execute the agreement and any extensions or amendments, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney. 634-04
APPOINTMENTS
ADVISORY BODY APPOINTMENTS
Vice Mayor Ayala moved and Councilmember Perez seconded to appoint Angela Tasker to the Senior C itizens Commission, and Silvia Flores to the International Friendship Commission. Councilmember Ramirez moved and Councilmember Perez seconded to appoint Andrea G arcia to the Social Services Commission. Following a brief report provided by Theresa Devoy, City Clerk, Councilmember Valencia moved and Mayor Rios seconded to appoint Luis Vega as the Outside Authority with Expertise in Art to the Art in Public Places Commit tee. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
August 6, 2024
7 AYES: Councilmembers Perez, Ramirez, and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: None
200/295-01
ORDINANCES
URGENCY INTERIM ORDINANCE NO. 24-1752U - A MORATORIUM TO ESTABLISH,
IMPLEMENT OR OPERATE (TEMPORARILY OR PERMANENTLY) CONVENIENCE
STORES (LIQUOR STORES), DISCOUNT STORES, PERSONAL USE -
LAUNDROMAT, VEHICLE/AUTOMOBILE -WASHING, PAYDAY LOAN
ESTABLISHMENTS, EMERGENCY SHELTERS, SINGLE- ROOM OCCUPANCY,
SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING
A report was presented by Alex Hamilton, Interim Director of Community Development .
Addressing City Council were Violeta Aguilar, on behalf of Marc Naijar and Elie Naaman and Ivan Sulic , on behalf of Los Angeles County Supervisor Janice Hahn.
Councilmember Perez moved and Vice Mayor Ayala seconded to adopt Urgency Interim Ordinance No. 24- 1752U, A MORATORIUM TO ESTABLISH, IMPLEMENT OR
OPERATE (TEMPORARILY OR PERMANENTLY) CONVENIENCE STORES (LIQUOR
STORES), DISCOUNT STORES, PERSONAL USE- LAUNDROMAT,
VEHICLE/AUTOMOBILE-WASHING, PAYDAY LOAN ESTABLISHMENTS,
EMERGENCY SHELTERS, SINGLE- ROOM OCCUPANCY, SUPPORTIVE HOUSING AND TRANSITIONAL HOUSI NG, and waive further reading. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Perez, Ramirez, and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: None
320-02-01
REPORTS
FUNDING REQUEST FROM BUSINESS OWNER TO ASSIST WITH FUNDING AN ART
PROJECT
Ms. Devoy provided a brief report. Addressing City Council w as Moctesuma Esparza, owner of Milagro Cinemas . City Council discussion ensued regarding concerns about artwork being inside the business and signage being part of the artwork, which conflicts with the requirements in the Norwalk Municipal Code. Mr. Esparza explained that the lobby will be accessible to the public and the name “Milagro” is a concept rather than the Minutes of the Closed Session and Regular Meetings
Norwalk City Council
August 6, 2024
8 name of the theater . Councilmember Ramirez moved and Mayor Rios seconded to approve the funding request from Mr. Esparza in the amount of $50,000 and the artwork for the Milagro Cinemas as shown in the proposal. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Ramirez and Valencia, and Mayor Rios NOES: Councilmember Perez and Vice Mayor Ayala
ABSENT: None
405-01
CECILIA STREET BETWEEN ORR AND DAY ROAD AND FAIRFORD AVENUE -
SPEED HUMP REQUEST
Glen Kau, Director of Public Services/City Engineer, provided a report. Addressing City Council were Rocky Orozco, Rommel Garcia, and Nima Alvarez expressing support .
Councilmember R amirez moved and Councilmember Perez seconded to approve the installation of speed humps on Cecilia Street between Orr & Day Road and Fairford Avenue. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Perez, Ramirez, and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: None
1050-09
ORAL COMMUNICATIONS
Addressing City Council was Brian Tindall.
ADJOURNMENT
There being no further business to come before City Council, the meeting was adjourned at 8:47 p.m.
____________________________
THERESA DEVOY, CMC
CITY CLERK
ATTEST:
____________________________
MARGARITA L. RIOS
MAYOR
City Council Agenda Report
August 20, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Jana Stuard, Director of Finance/City Treasurer
Karmin Hernandez Persi, Financial Analyst
SUBJECT: PAYROLL FOR THE PERIOD JULY 21, 2024 - AUGUST 3, 2024 Background:
The City’s gross payroll cost for the period of July 21, 2024 – August 3, 2024 totals $1,342,153.85.
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council to approve gross payroll in the amount of $1,342,153.85; the payroll check numbers 38142 – 38200 and the voucher numbers 334999 – 335528 in the total net amount of $1,001,167.66 for the payroll period July 21, 2024 – August 3, 2024.
Attachments:
N/A
CITY OF NORWALK
FINAL WARRANT REGISTER
July 30, 2024 through August 12, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
1 ALLIANT INSURANCE SERVICES INC
CRIME INSPECTION PROGRAM FY 25
196665
$4,395.00
2 AMERICAN LEGION POST 359 NORWALK
EVENT SECURITY DEPOSIT REFUND
196666
$1,000.00
3 ART OF BRONZE INC
REPAIR/DELIVERY SCULPTURE
196667
$4,250.00
4 ARTURO BAHENA
NASC RENT FEE REFUND
196668
$745.00
5 BANDA LAS ANGELINAS
SUMMER CONCERT PERFORMANCE
196669
$2,800.00
6 BETHANI CARDENAS
OUTREACH REIMBURSEMENT
196670
$136.44
7 BLAIS & ASSOCIATES LLC
GRANT WRITING/ADMINISTRATIVE SERVICE
196671
$5,940.00
8 DISTRICT LODGE 947, IAMAW
EMPLOYEE UNION DUES
196672
$5,359.48
9 KINGDOM CAUSES INC
HOMELESS HOUSING NAVIGATION
196673
$21,151.88
10 DANIEL F HERNANDEZ
SUMMER CONCERT PERFORMANCE
196674
$2,000.00
11 MIKE CABRERA CORPORTATION
SUMMER 2024 BROCHURE
196675
$21,971.50
12 AWESOME EVENTS INC
INFLATABLES/5K
196676
$8,125.00
13 DOCUSIGN INC
ELECTRONIC DOCUMENT SIGNING
196677
$4,140.00
14 EDUARDO VENTURA
EVENT SECURITY DEPOSIT REFUND
196678
$1,000.00
15 ERICA AGUILAR
NASC RESERVATION FORFEIT
196679
$985.00
16 FRANCHISE TAX BOARD
P/R DED: 07/20/24
196680
$1,424.00
17 GORETTE LOPEZ
UB REFUND
196681
$94.07
18 HDL COREN & CONE
PROPERTY TAX CONSULTING
196682
$6,026.79
19 ISMAEL VILLALOBOS
EVENT SECURITY DEPOSIT REFUND
196683
$1,000.00
20 JOSE LUIS VELASQUEZ JR
RE-ISSUE CHECK 196411
196684
$450.00
21 JOSE MACHADO
NASC RESERVATION FORFEIT
196685
$946.50
22 KAREN BUGUERIO
NASC SECURITY DEPOSIT REFUND
196686
$500.00
23 KONICA MINOLTA BUSINESS SOLUTIONS
TRAINING STAFF ADMINISTRATION
196687
$8,000.00
24 LIBERTY UTILITIES CORP
UTILITIES/CITYWIDE
196688
$3,087.63
25 LIEBERT CASSIDY WHITMORE
FY 25 MEMBERSHIP
196689
$11,525.00
26 MARIA AVILA
CLASS INSTRUCTOR
196690
$180.00
27 MARIA E FLORES
NASC SECURITY DEPOSIT REFUND
196691
$1,000.00
28 MARISOL LOPEZ
NASC RENTAL REFUND
196692
$500.00
29 MARK GONZALES
NASC SECURITY DEPOSIT REFUND
196693
$1,000.00
30 MARY DEAN RICHARDSON
HOMEMAKING/SENIOR GRANT
196694
$72.00
31 MELISSA MEJIA
NASC RESERVATION FORFEIT
196695
$446.50
32 MRI INTERMEDIATE HOLDINGS LLC
HOUSING SOFTWARE SUPPLIES
196696
$30,384.93
33 NADA BUS INC
BOLSA CHICA TRNASPORTATION
196697
$2,250.00
34 JOE'S SWEEPING INC
STREET SWEEPING
196698
$115,983.15
35 GOVERNMENTJOBS.COM INC
SOFTWARE LICENSE/APPLICATION
196699
$26,613.14
36 NORWALK LIONS CLUB OF CALIFORNIA
EVENT SECURITY DEPOSIT REFUND
196700
$1,000.00
37 NORWALK PRINTERS INC
BUSINESS CARDS/CDBG
196701
$2,797.76
38 PRESTIGE BUSINESS ENTERPRISES INC
CDBG GRANT PAYMENT
196702
$12,500.00
CITY OF NORWALK
FINAL WARRANT REGISTER
July 30, 2024 through August 12, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
39 THE DOOR OF HOPE YOUTH & FAMILY
PROFIT MAYOR BREAKFAST
196703
$2,874.06
40 RETURN TO WORK PARTNERS INC
INTERACTIVE ACCOMMODATION
196704
$1,575.00
41 ROSA ACOSTA
NASC RENT FEE REFUND
196705
$1,220.00
42 ROSA SANDOVAL
NASC SECURITY DEPOSIT REFUND
196706
$1,000.00
43 SANGBO HAN
RE-ISSUE CHECK 195991
196707
$480.00
44 SANSON LOPEZ
NASC SECURITY DEPOSIT REFUND
196708
$250.00
45 TRC INVESTMENTS LLC
FENCING
196709
$179.76
46 SOUTHERN CALIF EDISON COMPANY
UTILITIES/CITYWIDE
196710
$9,618.96
47 TERESA OCHOA
UTILITY BILL REFUND
196711
$216.44
48 THE ARROYO GROUP
HEART OF NORWALK REVITALIZATION
196712
$30,666.25
49 TIA RUSHING
NASC RENT FEE REFUND
196713
$1,000.00
50 D&J TOP MEDIA CORP
MOBILE RV WRAP
196714
$7,110.25
51 ULINE INC
FLOOR MATS/EASTER
196715
$1,707.73
52 PHASE II SYSTEMS, A CA CORP
HOUR EMPLOYEE RETIREMENT/JULY 24
196716
$57,326.50
53 VERIZON BUSINESS NETWORK SERVICES
UTILITIES/CITYWIDE
196718
$3,580.11
54 VIVIANA VELASCO
NASC SECURITY DEPOSIT REFUND
196719
$500.00
55 JIM WARINO
GUITAR/PIANO INSTRUCTOR
196720
$390.00
56 YOLANDA VELASCO
NASC SECURITY DEPOSIT REFUND
196721
$250.00
57 ASSOCIATED CONSTRUCTION SVCS
GROUP
RETENTION RELEASE
196722
$6,673.75
58 GLOBAL PAYMENTS INC
TECH/MARKETING SERVICES
196723
$1,400.00
59 AEG SOLUTIONS INC
PLOTTER PAPER
196724
$996.37
60 BECNEL UNIFORMS
BUS UNIFORMS
196725
$1,805.07
61 PETER JOSEPH BUCKNAM
PHASE 2 PAVEMENT SYSTEM
196726
$25,693.50
62 CALIFORNIA CLUTCH & GEAR INC
REBUILD DIFFERENTIAL FOR UNIT 7134
196727
$7,087.10
63 CARAHSOFT TECHNOLOGY CORPORATION
EMPLOYEE/INCOME VERIFICATION
196728
$14.99
64 CARLOS PINTO
NASC RESERVATION FORFEIT
196729
$900.00
65 CENTRAL BASIN WATER ASSOCIATION
ANNUAL MEMBERSHIP DUE
196730
$1,254.69
66 CITY OF VERNON
SEWC MEMBERSHIP DUES
196731
$4,000.00
67 CUMMINS INC
EQUIPMENT MANUFACTURER PARTS
196732
$3,915.54
68 DANIELS TIRE SERVICE
SUPPLY/DELIVERY TIRES
196733
$1,273.87
69 HONEYCOTT INC
BEE REMOVAL
196734
$145.00
70 M DMYTROW DESIGNS LLC
ANNIVERSARY DECALS
196735
$3,900.23
71 DUDEK
DESIGN SUPPORT SERVICES
196736
$393.75
72 FRONTIER CALIFORNIA INC
UTILITIES/CITYWIDE
196737
$8,932.91
73 GILLIG LLC
EQUIPMENT MANUFACTURER BUS PARTS
196738
$17,596.95
74 GABRIEL MANAGEMENT SERVICES INC
AUTO GLASS REPAIRS
196739
$838.70
75 GOLDEN STATE WATER COMPANY
UTILITIES/CITYWIDE
196740
$28,274.26
CITY OF NORWALK
FINAL WARRANT REGISTER
July 30, 2024 through August 12, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
76 WW GRAINGER INC
BLADE GUIDE KIT
196741
$126.26
77 H&H AUTO PARTS WHOLESALE
SHOP SUPPLIES
196742
$1,744.42
78 HALO BRANDED SOLUTIONS INC
PROMOTIONAL ITEMS
196743
$1,577.11
79 JOE A GONSALVES & SON
LOBBYING FIRM
196744
$4,840.00
80 LOS ANGELES COUNTY SHERIFFS DEPT
SCHOOL DEPUTY
196745
$13,333.12
81 LB CONSTRUCTION SVS.
SECURITY DEPOSIT REFUND
196746
$5,800.00
82 LIBERTY UTILITIES CORP
UTILITIES/CITYWIDE
196747
$9,014.66
83 MARY DEAN RICHARDSON
HOMEMAKING/SENIOR GRANT
196748
$243.00
84 MIRACLE MILE PROPERTIES LP
SECURITY DEPOSIT ASSISTANCE/CDBG
196749
$1,675.00
85 MRI INTERMEDIATE HOLDINGS LLC
HOUSING PROGRAM/SOFTWARE
196750
$458.33
86 MJ PARK DVM INC
FELINE NEUTER PROGRAM
196751
$450.00
87 NORWALK CHAMBER OF COMMERCE
CITY CONTRIBUTION
196752
$3,458.34
88 NORWALK PRINTERS INC
CASH RECEIPT BOOKS
196753
$758.52
89 MOON H NA
CITYWIDE VEHICLE KEY COPIES
196754
$264.60
90 POWERSTRIDE BATTERY CO
AUTO/BUS BATTERY
196755
$82.18
91 PSOMAS
PROFESSIONAL SERVICES
196756
$1,237.50
92 PUENTE HILLS FORD LLC
EQUIPMENT MANUFACTURER FORD PARTS
196757
$294.09
93 QLESS INC
QLESS SOFTWARE
196758
$11,156.61
94 RINCON CONSULTANTS INC
ENVIRONMENTAL SITE ASSESSMENT
196759
$529.00
95 EFREN ROCHA MARQUEZ
CDBG REHAB PROGRAM
196760
$11,065.00
96 SA ASSOCIATES
WATER SHORTAGE ASSESSMENT
196761
$10,000.00
97 SCOTT L DELL
DRUM CIRCLE CLASS
196762
$200.00
98 SECTRAN SECURITY INC
CASH CARRIER SERVICES
196763
$2,532.02
99 SOUTHERN CALIFORNIA GAS COMPANY
UTILITIES/CITYWIDE
196764
$45.42
100
STEPHEN HIRANO
IFB 25-777 ADVERTISEMENT
196765
$125.00
101
TRB AND ASSOCIATES INC
PROFESSIONAL SERVICES
196766
$10,560.00
102
ALEJANDRO DELGADILLO
SECURITY DEPOSIT REFUND
196767
$1,009.28
103
ANA VALENCIA
SECURITY DEPOSIT REFUND
196768
$250.00
104
BEVERLY RAMIREZ
FIRE WORK CITATION DISMISSAL
196769
$1,500.00
105
BRENNAN ESTIMATING SERVICES
CITY HALL
196770
$2,595.00
106
CARMEN ALCARAZ
RE-ISSUE CHECK#192190
196771
$500.00
107
CELINA AURELIA GARCIA
RE-ISSUE CHECK#192192
196772
$500.00
108
CERTIFIX INC
PRE-EMPLOYMENT FINGER PRINTING
196773
$550.00
109
CLASSIC FLOOR CARE INC
AQUATICS
196774
$6,212.50
110
COMMUNITY LEGAL AID SOCAL
EVICTION LEGAL SERVICES
196775
$2,937.84
111
CRAFCO INC
COLD PATCH BAGS
196776
$350.79
112
CRISTINA MUNOZ
CAMP FEE REFUND
196777
$310.00
113
DAVID PEREZ
CANCELLED ACT REFUND
196778
$25.00
CITY OF NORWALK
FINAL WARRANT REGISTER
July 30, 2024 through August 12, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
114
DAVID RUDICK
SECURITY DEPOSIT ASSISTANCE/CDBG
196779
$800.00
115
IVETTE SOSA
CAMP FEE REFUND
196780
$310.00
116
KARINA MAXIMO
NASC SECURITY DEPOSIT REFUND
196781
$900.00
117
KARLA GIRON
CANCELLED ACT REFUND
196782
$25.00
118
L A CENTER FOR ALCOHOL & DRUG ABUSE
BEHAVIOR HEALTH TREATMENT
196783
$4,569.00
119
LA COUNTY FIRE DEPARTMENT
HAZARDOUS MATERIAL PERMIT
196784
$1,739.00
120
LOS ANGELES COUNTY SHERIFFS DEPT
GENERAL POLICING SERVICES
196785
$1,479,891.69
121
PAULO S REYNAGA
MUSIC PERFORMANCE
196786
$1,800.00
122
LIBERTY UTILITIES CORP
RE-ISSUE CHECK 196520
196787
$25,403.61
123
LOS ANGELES SUPERIOR COURT
COURT SURCHARGE FEES
196788
$18,678.00
124
MARY DEAN RICHARDSON
RE-ISSUE CHECK 196521
196789
$216.00
125
AK DARCY
GOLF CART RENTALS
196790
$1,876.99
126
MIRACLE RECREATION EQUIPMENT CO
INC
BOND FEE-BOB WHITE PARK
196791
$29,416.80
127
NANCY MICHELLE SANCHEZ ROSAS
RE-ISSUE CHECK#192231
196792
$500.00
128
NANCY OROZCO
CANCELLED ACT REFUND
196793
$25.00
129
JOE'S SWEEPING INC
CLEAN CATCH BASINS
196794
$1,025.10
130
BENEVATE INC
CDBG HOSTED SOFTWARE
196795
$9,840.00
131
NORWALK CAR WASH INC
BASIC CAR WASH
196796
$128.97
132
PRECISION MATERIAL MANAGEMENT LLC
BUS STOP INVENTORY/ASSESSMENTS
196797
$17,100.00
133
REVIZE LLC
PROFESIONAL WEB DESIGN SERVICES
196798
$13,330.00
134
RITA VALADEZ
RE-ISSUE CHECK#192240
196799
$500.00
135
SATNAM SINGH
SECURITY DEPOSIT REFUND
196800
$250.00
136
SHOWCARD SIGN CO INC
NON OEM DECALS
196801
$695.44
137
TEACHERS ASSOC OF NORWALK-LA
MIRADA
CONTRIBUTION
196802
$300.00
138
THE ARROYO GROUP
HEART OF NORWALK REVITALIZATION
196803
$62,380.53
139
THE DOWNEY PATRIOT INC
PUBLIC NOTICE AD #24-46
196804
$816.75
140
TRI WEST MECHANICAL INC
ICE MACHINE SETUP
196805
$12,615.59
141
URBAN RESTORATION GROUP US INC
GRAFFITI REMOVAL
196806
$3,195.63
142
VATTATEPEE NUANGYINDEE
HOMEMAKING/SENIOR GRANT
196807
$144.00
143
VICKIE R RHODES
RE-ISSUE CHECK #192261
196808
$500.00
144
JIM WARINO
GUITAR/PIANO INSTRUCTOR
196809
$156.00
145
WATERLINE TECHNOLOGIES INC
AQUATICS MAINTENANCE
196810
$425.00
146
WILLDAN ENGINEERING
ENGINEERING SERVICES
196811
$1,642.00
147
YOANA IRAHETA
CANCELLED ACT REFUND
196812
$25.00
148
YOLANDA HERNANDEZ
BS2402327
196813
$233.65
149
CALIFORNIA DEBT AND INVESTMENT
SOLAR SYSTEM EQUIPMENT LEASE
196814
$1,364.45
CITY OF NORWALK
FINAL WARRANT REGISTER
July 30, 2024 through August 12, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
150
COASTAL OCCUPATIONAL MEDICAL
GROUP
MEDICAL SCREENINGS
196815
$355.00
151
ALAN'S LAWN AND GARDEN CENTER INC
LANDSCAPE TOOLS
196816
$421.30
152
BANK OF NEW YORK MELLON TRUST CO
ADMINISTRATION FEE SERVICE 2019B
196817
$3,345.00
153
BRENNAN ESTIMATING SERVICES
ALARM PANEL SERVICE
196818
$515.00
154
CAMBRIDGE MEMORIAL PARTNERS INC
FUNERAL ASSISTANCE/SOCIAL SERVICES
196819
$300.00
155
CHIEFTAIN BAND BOOSTERS OF SFHS
CONTRIBUTION
196820
$750.00
156
CHIEFTAIN BAND BOOSTERS OF SFHS
CONTRIBUTION
196821
$200.00
157
CITY OF DOWNEY
ADMINISTRATION FEE
196822
$396,985.27
158
COMMUNITY FAMILY GUIDANCE CENTER
CONTRIBUTION
196823
$125.00
159
CORODATA RECORDS MANAGEMENT INC
BUILDING & SAFETY
196824
$220.37
160
DAKTRONICS INC
MARQUEE/SOCIAL SERVICES
196825
$31,211.25
161
DONNA CHAVEZ
CAMP FEE REFUND
196826
$620.00
162
DREAM BIG PROJECT INC
RE-ISSUE CHECK 196515
196827
$200.00
163
EDGESOFT INC
ANNUAL SUBSCRIPTION
196828
$9,500.00
164
ENTERPRISE FM TRUST
VEHICLE #25QL4B LEASE/AUGUST
196832
$112,622.91
165
FRANK CONSOLE
SECURITY DEPOSIT REFUND
196833
$1,245.00
166
GREENCYCLE
PARK LANDSCAPE
196834
$648.75
167
JOSE LUIS VELASQUEZ JR
PROJECTOR SERVICES
196835
$450.00
168
LEAGUE OF CALIFORNIA CITIES
CONFERENCE ATTENDANCE FEE
196836
$75.00
169
MARK THOMAS & COMPANY INC
DESIGN SERVICES FOR PROJECT 7196
196837
$8,529.75
170
MICHELLE NAVARRO
AQUA CARNIVAL REFUND
196838
$20.00
171
MRI INTERMEDIATE HOLDINGS LLC
HOUSING PROGRAM/SOFTWARE
196839
$100.00
172
NORWALK CHAMBER OF COMMERCE
CONTRIBUTION
196840
$300.00
173
NORWALK CAR WASH INC
BASIC CAR WASH
196841
$24.99
174
PLANETBIDS INC
LICENSING FEE FY 25
196842
$38,365.45
175
QUADIENT INC
MAINTENANCE FOLDER/INSERTER
196843
$2,824.47
176
MOBILE RELAY ASSOCIATES
RADIO RELEASE SERVICES
196844
$5,948.00
177
REYES CONSTRUCTION INC
CONSTRUCTION DESIGN
196845
$281,523.54
178
SELECT ELECTRIC INC
CONSTRUCTION COST
196846
$39,489.60
179
SUSANA SOLIS
PARENT & ME REFUND #16593
196847
$40.00
180
THE ARROYO GROUP
HEART OF NORWALK REVITALIZATION
196848
$50,494.45
181
THE DOWNEY PATRIOT INC
IFB 25-779 AD#24-49
196849
$864.00
182
TRI WEST MECHANICAL INC
SOCIAL SERVICES FRIDGE SERVICE
196850
$585.00
183
UNDERGROUND SERVICE ALERT OF SO
CA
CALIFORNIA STATE REGISTRATION FEES
196851
$313.19
184
UNIFIRST CORPORATION
SUPPLIES/CITYWIDE
196853
$3,240.22
185
UNITED STATES POSTAL SERVICE
NEWSLETTER POSTAGE
196854
$6,372.14
CITY OF NORWALK
FINAL WARRANT REGISTER
July 30, 2024 through August 12, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
186
US BUILDER GROUP, INC.
SECURITY DEPOSIT REFUND
196855
$1,099.26
187
YMCA OF GREATER WHITTIER
CONTRIBUTION
196856
$750.00
188
AIRESPRING INC
BROADBAND/CITYWIDE
V18596
$844.61
189
I COPY INC
COPY CHARGES/NASC
V18597
$207.19
190
MARIA DOLORES CARRASCO
HOMEMAKING/SENIOR GRANT
V18598
$72.00
191
MARIO ENRIQUE MERA
MANAGEMENTT SUPPORT SERVICES
V18599
$11,850.00
192
CALPERS
CALPERS MEDICAL/JULY 24
V18600
$487,667.26
193
CALIFORNIA PUBLIC EMPLOYEES
PERS CONTRIBUTION/ PPE 072024
V18601
$172,571.82
194
CALIFORNIA STATE DISBURSTMENT UNIT
CHILD SUPPORT/PPE 072024
V18602
$1,749.00
195
EMPLOYMENT DEVELOPMENT DEPT
STATE TAX/PPE 072024
V18603
$38,680.54
196
EMPOWER/MASS MUTUAL
DEFERRED COMPENSATION/PPE 072024
V18604
$30,697.47
197
CA DEPT OF TAX & FEE ADMINISTRATION
QUARTER 2 SALES TAX OFFSET
V18605
$557.00
198
UNITED STATES TREASURY-IRS
PAYROLL TAX/PPE 072024
V18606
$141,177.22
199
I COPY INC
COPY CHARGES/ADMINISTRATION
V18607
$3,081.19
200
KIMLEY-HORN AND ASSOCIATES INC
DESIGN SERVICES
V18608
$1,100.32
201
MARIA DOLORES CARRASCO
HOMEMAKING/SENIOR GRANT
V18609
$72.00
202
CLAUDIA I GODINEZ
FITNESS INSTRUCTOR
V18610
$510.00
203
I COPY INC
COPIER STAPLES
V18611
$126.24
204
JOHNSON CONTROLS US HOLDINGS INC
PANIC BUTTON
V18612
$1,167.86
205
MARIA DOLORES CARRASCO
HOMEMAKING/SENIOR GRANT
V18613
$72.00
206
NANCY GALICIA
HOMEMAKING/SENIOR GRANT
V18614
$648.00
207
KIMLEY-HORN AND ASSOCIATES INC
DESIGN SERVICES/ZONE 2
V18615
$70,384.00
208
UNITED STATES POSTAL SERVICE
PO BOX 1030 FEE
V18616
$170.00
CITY OF NORWALK
FINAL WARRANT REGISTER
July 30, 2024 through August 12, 2024
*****Total Warrants**** $4,312,031.93
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
196717, 196829, 196830, 196831, 196852
Digitally signed by Jana Stuard
Date: 2024.08.15 14:37:49 -07'00'
City Council Agenda Report
August 20, 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
Janet Welde, Senior Management Analyst
SUBJECT: AGREEMENT – PROJECT NO. 7865 - OFFICE FURNITURE REPLACEMENT
AT THE TRANSPORTATION/PUBLIC SERVICES FACILITY
Background:
Norwalk Transit System (NTS) is seeking to participate in a cooperative agreement with Kimball International Brands, Inc. (Kimball) via Omnia Partners’ solicitation titled “Request for Proposal No. R19-18 Furniture, Installation, and Related Services” to purchase office furniture for the Transit Facility Tenant Improvement Project No. 7865. The furniture replaces existing furniture that has reached its useful life in the tenant improvement area in Transit Operations, Dispatch, Vehicle Maintenance and Transit Administration.
The Federal Transit Administration (FTA) encourages grant recipients to procure goods and services jointly with other recipients or participate in purchasing cooperatives to obtain better pricing through larger purchases.
The execution of a Cooperative Agreement will allow procurement of office furniture from (Kimball) for scheduled phased delivery for each division within the Transportation Department.
Fiscal Impact:
The total estimated cost of $390,529.11 will be funded through the use of FTA 5307 Formula Grant funds in the amount of $312,423.29 and Prop A Local Return funds in the amount of $78,105.82. These funds are included in the Fiscal Year 2024/25 Transportation Department adopted budget. There is no impact to the general fund.
City Council August 20, 2024
Agreement – Kimball International Brands, Inc. Page No. 2 9 7
1 Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve participation in a Cooperative Agreement with Kimball International Brands, Inc. to acquire office furniture in the amount of $390,529.11; 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
City Council Agenda Report
August 20, 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
Janet Welde, Senior Management Analyst
SUBJECT: RESOLUTION NO. 24-44 - BUDGET AMENDMENT FOR PURCHASE OF
UTILITY TRUCK FOR NORWALK TRANSIT SYSTEM
Background:
On February 15, 2024, the City issued Invitation for Bid (IFB) No. 24-738 for a Class 4 Medium Duty Utility Truck. The purpose of the IFB is to acquire a new shop truck to replace the current shop truck for the Equipment Maintenance division. The current shop truck is 24 years old and needs costly major repairs. The new shop truck will be utilized for roadcalls and field repairs for City-Wide vehicles and Norwalk Transit System (NTS) fleet.
NTS received one bid from BP Ford of Long Beach for a 2024 Ford F450 Super-Duty Cab & Chassis truck. When a single bid is received in response to this IFB, NTS staff has to determine if the quality of service meets or exceeds the department’s expectations, and if the price is fair and reasonable. The Manufacturer Suggested Retail Price for this vehicle starts at $68,690. The custom utility body ranges from $50,000 and up depending on the customized features. Based on these findings, the bid price of $148,731 including tax and license fees submitted by BP Ford of Long Beach is fair and reasonable. Also, the vehicle meets or exceeds the department’s expectations.
Fiscal Impact:
Staff recommends City Council adopt Resolution No. 24-44, authorizing the use of Transit Reserves and a budget amendment to the Fiscal Year 2024/25 Department of Transportation Capital Budget in the amount of $148,731 There is no impact to the general fund.
City Council August 20, 2024
Resolution No. 24-44 Page No. 2
9 7
2 Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council adopt Resolution No. 24-44, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2024/25 ADOPTED BUDGET TO UTILIZE TRANSIT FUNDS TO PROCURE ONE REPLACEMENT UTILITY WORK TRUCK, in the amount of $148,731; and authorize the City Manager to execute an agreement with BP Ford of Long Beach to purchase a 2024 Ford F450 Super-Duty Cab & Chassis truck with modifications as specified in the bid documents, in the amount of $148,731, 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. Resolution No. 24-44
2. Campaign Contribution Form
RESOLUTION NO. 24-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2024/25 ADOPTED
BUDGET TO UTILIZE TRANSIT FUNDS TO PROCURE ONE REPLACEMENT
UTILITY WORK TRUCK
WHEREAS, the City of Norwalk Transportation Department operates and maintains a fleet of work vehicles for the purpose of inspecting, maintaining and operating vehicle maintenance shop operation; and
WHEREAS, the replacement of the utility work truck is necessary for the Transportation Department to support transit buses and city fleet vehicles with road calls, vehicle breakdowns, transport of parts delivery and other emergency needs; and WHEREAS, staff is requesting the use of Transit Funds for the purchase of one utility work truck with all the necessary utility accessories and customized features totaling $148,731 from BP Ford of Long Beach.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1.Amend the Fiscal Year 2024/25 Budget for the Transit Capital Fund 712 to include $148,731 in revenues and expenses of Transit Funds to replace one utility work truck.
Section 2.The City Manager is authorized to make the following appropriation and prepare the necessary budget amendment for the following account:
Account Number Increase Decrease
Transfer In:713-90-9710-4790 $148,731
Transfer Out:713-45-4503-3881 $148,731
Transfer In:710-90-9713-3990 $148,731
Transfer Out:710-0470 (retained earnings) $148,731
APPROVED AND ADOPTED this 20th day of August 2024.
MARGARITA L. RIOS
MAYOR
ATTEST:
THERESA DEVOY, CMC
CITY CLERK
City Council Agenda Report
August 20, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Levy Sun, Director of Communications & Public Affairs SUBJECT: AGREEMENT FOR PROFESSIONAL SHORT MESSAGE SERVICE
ENGAGEMENT AND NOTIFICATION SERVICE
Background:
The City of Norwalk is committed to enhancing communication and engagement with its residents. In alignment with this goal, the City seeks to implement the Ascendant Short Message Service (SMS) Engagement Platform (Ascendant). This platform will serve as a critical tool for disseminating important information, facilitating two-way communication, and improving overall civic engagement.
In 2023, the City piloted the use of Ascendant to promote events at a local level. In one of the Movie Nights at the Park events, Ascendant notified neighborhoods around the event site. This resulted in a 22% increase in attendance compared to the previous year.
The implementation of Ascendant offers the community the following benefits:
1.Enhanced Communication: The platform will enable the City to send timely updates and alerts directly to residents' mobile devices, ensuring critical information is received promptly.
2.Increased Civic Engagement: By facilitating two-way communication, residents can provide feedback and engage in meaningful dialogue with the City, fostering a more involved and informed community.
3.Emergency Notifications: The ability to quickly disseminate emergency notifications will enhance public safety and preparedness. This feature will supplement the City’s RAVE emergency notification system, if needed.
4.Cost-Effective Solution: The comprehensive service package offered by Ascendant provides a cost-effective solution for modernizing the city's communication infrastructure.
City Council August 20, 2024
SMS Engagement & Notification Service Page No. 2
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3 Fiscal Impact:
Funding is provided by the American Rescue Plan Act. Consultant shall provide the services described in an amount not to exceed $27,600 the first year (September 1, 2024 to September 1, 2025); and not to exceed $23,600 for the second year (September 2, 2025 to September 2, 2026) for a total of $51,200.00 for two years.
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 and Goal 2: Work in partnership with our community to achieve safe and livable neighborhoods.
Recommended Action:
Staff recommends City Council approve an agreement with Ascendant App, Inc. to provide engagement and notification services, in an amount not to exceed $51,200.00 for two years; 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. Ascendant Agreement
2. Campaign Contribution Form
Attachment No. 1
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99999-9999\1917733v1.doc
AGREEMENT FOR PROFESSIONAL SERVICES
(City of Norwalk)
This Professional Services Agreement (“Agreement”) is dated July 26, 2024, (“Effective Date”) and is between the City of Norwalk, a California municipal corporation, (“City”) and Ascendant App, Inc., a California corporation (“Consultant”).
R E C I T A L S
A. City desires to utilize the services of Consultant as an independent contractor to provide professional SMS engagement and support services.
B. Consultant 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 Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
Now therefore, for good and valuable consideration, the parties agree as follows:
1. Consultant’s Services.
1.1 Scope of Services. Consultant shall provide the professional services, as more particularly described in Exhibit A (“Services”).
1.2 Personnel. Consultant 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 shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
1.3 Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Kevin Lyons (the “Consultant Representative”).
1.4 Time of Performance. Consultant shall commence the Services immediately upon receipt of a notice to proceed from the City Representative. Consultant shall perform all services by September 30, 2026.
1.5 Permits and Licenses. Consultant 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 the Effective Date until October 31, 2026, unless sooner terminated as provided in Section 13 herein.
This is a form developed by
the City Attorney as a base
for professional services
agreements. All final
agreements must be
reviewed by the City
Attorney before execution.
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3. Compensation.
3.1 Compensation. As full compensation for Consultant’s Services provided under this Agreement, City shall pay Consultant a sum not-to-exceed Fifty-One Thousand Two Hundred Dollars ($51,200.00) (the “maximum compensation”), based on the rates set forth in the fee schedule, attached hereto as Exhibit B (“Fee Schedule”). 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. City shall only reimburse Consultant for those expenses expressly set forth in Exhibit B. Any expenses incurred by Consultant 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. Consultant 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 Consultant which is not expressly authorized by this Agreement will not be reimbursed by City.
4. Method of Payment.
4.1 Invoices. Annually, Consultant shall submit to City detailed invoices for all services performed and expenses incurred, if any, pursuant to this Agreement during the previous year. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten (10) business days of receipt of any disputed amounts.
4.2 Payment. City shall pay all undisputed portions of the invoices within thirty (30) calendar days after receipt of the invoice up to the maximum compensation specified in Section 3.1 of this Agreement. City shall not withhold federal payroll or state payroll and other taxes, or other similar deductions from each payment made to Consultant.
4.3 Audit of Records. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years, unless otherwise provided for in Exhibit A. Upon City providing twenty-four (24) hours advanced prior notice, Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Standard of Performance. Consultant 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.
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6. Ownership of Work Product. All reports, documents or other written material developed by Consultant 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 Consultant.
Any alteration or reuse by City of any such materials on any project other than the Project shall be at City’s sole risk, unless City compensates Consultant for such reuse.
7. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant 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 Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant 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. Consultant shall pay all required taxes on amounts paid to Consultant 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. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 7. The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 14 that is separate and 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 provide 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 Services and the City’s business hours and City staff availability, Consultant may set its own hours and location of work without restriction from the City.
8. Confidentiality. Consultant shall keep all data, documents, discussion, or other information developed or received by Consultant confidential and shall not disclose them to any person or entity without City’s prior written authorization. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the expiration or termination of this Agreement. The terms of this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, shall comply with all California conflict of interest statutes applicable to Consultant’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subconsultants -4-
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shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification. Consultant 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. Consultant’s covenant under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
11.1 Consultant 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:VIII” 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) per occurrence and Two Million Dollars ($2,000,000) aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, 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 One Million Dollars ($1,000,000) per accident for bodily injury and property damage covering any vehicle; (3) professional liability/errors and omissions insurance (as applicable), with minimum combined single limits coverage of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) aggregate, on a form approved by the City Attorney; and (4) 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 Consultant’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 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.
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11.3 All insurance coverages shall be confirmed by execution of endorsements required under Section 11.2. Consultant 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. Consultant 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 Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City requires.
13. Termination. City may terminate this Agreement at any time, at will, for any reason or no reason by giving written notice to Consultant at least five (5) 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 Consultant has given City notice of the event of default, Consultant 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. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. Consultant shall be paid for services satisfactorily rendered to the last working day this Agreement is in effect, and Consultant 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 Consultant be entitled to receive more than the maximum compensation set forth in Section 3 of this Agreement that would be paid to Consultant 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 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 Consultant’s and City’s regular business hours or by facsimile before or during Consultant’s regular business hours; or (b) on the third 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 Clerk
City of Norwalk
12700 Norwalk Boulevard
Norwalk, California 90650
Fax: (562) 929-5773
With a copy to:
City Manager
City of Norwalk
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12700 Norwalk Boulevard
Norwalk, California 90650
Fax: (562) 929-5503
If to Consultant:
.
Fax:
15. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant 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. Consultant 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, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental handicap, medical condition, genetic information or sexual orientation.
16. Non-Assignability; Subcontracting. Consultant 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 consultant 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. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in the performance of this Agreement. This Agreement may call for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works”, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit D.
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.
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 -7-
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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 Consultant. Further, no payment made by City to Consultant shall constitute or be construed as a waiver by City of any breach or default by Consultant, 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. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any exhibit, the provisions of this Agreement shall prevail.
21. Entire 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.
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. 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 reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
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]
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IN WITNESS WHEREOF:
The parties hereto have caused this Agreement to be executed the day and year first above written.
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
ASCENDANT APP, INC.
a California corporation
By:______________________________
Name:___________________________
Title:_____________________________
By:______________________________
Name:___________________________
Title:_____________________________
(Please note: Two signatures required
for corporations pursuant to California
Corporations Code Section 313, unless
corporate documents authorize only
one person to sign this Agreement on
behalf of the corporation.)
Place corporate seal here
Attachment No. 1
Exhibit A, Pg. 1
99999-9999\1917733v1.doc
EXHIBIT A
SCOPE OF SERVICES
Ascendant SMS Engagement Platform
562 area-code number, 10 DLC registration process, 250 character text messages, two-way response, sign-up form and
integration, unlimited use, system set-up
Unlimited Support and Training
Phone/email support (9-5/M-F), remote training, and 24/7 systems monitoring Constituent Data Files: 40,000 mobile numbers/contacts (City of Norwalk) The Ascendant platform is offered as a fully hosted SaaS, meaning secure hosting and data storage is included. All planned standard updates and enhancements are provided free of charge through the term of the contract.
Attachment No. 1
Exhibit B, Pg. 1
99999-9999\1917733v1.doc
EXHIBIT B
FEE SCHEDULE
Consultant shall provide the services described in Exhibit A, Scope of Services in an amount not to exceed $27,600 the first year (September 1, 2024 to September 1, 2025); and not to exceed $23,600 for the second year (September 2, 2025 to September 2, 2026) for a total of $51,200.00 for two (2) years. Schedule is as follows:
Service Price QTY Annual
Subtotal
Platform: 2 Licenses
additional licenses available for $49
per user per month, interns free.
$75.00 X 2 24 months $3,600.00
60,000 Contact Records (one-time) 10 cents per record 40,000 $4,000.00 100,000 Text Credits 100,0000 @ 10 cents 2 $20,000.00
First year Subtotal $27,600.00
Second Year Subtotal $23,600.00
Tax $0.00
Agreement Total $51,200.00
The Ascendant GovText Period September 1, 2024 – 2026
Ascendant SMS Engagement Platform
SMS Communications: 562 area-code number, 10
DLC registration process, 250 character text
messages, two-way response, sign-up form and
integration, unlimited use, system set-up
$75.00/user per month
Unlimited Support and Training
Phone/email support (9-5/M-F), remote
training, and 24/7 systems monitoring
Included
Constituent Data Files, 40,000 mobile
numbers/contacts (City of Norwalk)
10 cents per record
The Ascendant platform is offered as a fully hosted SaaS, meaning secure hosting and data storage is included. All planned standard updates and enhancements are provided free of charge through the term of the contract.
Attachment No. 1
Exhibit C, Pg. 1
99999-9999\1917733v1.doc
EXHIBIT C
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description: Professional SMS engagement and support services
Indemnitor(s) (list all names): Ascendant App, Inc.
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 arising 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.
Exhibit C, Pg. 2
99999-9999\1917733v1.doc
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: ____
Attachment No. 1
Exhibit D, Pg. 1
99999-9999\1917733v1.doc
Applicant/Interested Party
Campaign Contribution Disclosure Form
Land use, entitlements, licenses, permits, franchises, contracts (excluding labor and competitively bid contracts)
California Government Code Section 84308 , commonly referred to as the "Levine Act," prohibits any Norwalk City Council Member or Planning Commissioner (if they are running for City Council) 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 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 disclose 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.
Contributor
Name/Project:
Date of
Contribution Recipient Officer/Candidate
Contribution
Amount
Refunded:
Date of Refund Yes No
No contribution made:
I declare under penalty of perjury that the information which has been included in this Disclosure Form is true and correct.
________________________________ ________________________________ ________ Signature of Applicant Title Date
Providing contributions to candidates 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/Planning Commissioner(s) from participating in any actions related to your proposal or application. Additionally, this information must be updated if contributions exceed $250, and no less than 45 days before any agency consideration of an item in which you or your company is engaged with the City.
Ascendant App, Inc.
Zain Khan
Digitally signed by Zain Khan
Date: 2024.08.02 18:03:39
-07'00'
Chief Executive Officer
08/2/2024
NA
NA
NA
✔
Attachment No. 2
City Council Agenda Report
August 20, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Jana Stuard, Director of Finance/City Treasurer
Jacque Koontz, P.E., Senior Civil Engineer
SUBJECT: PROJECT NO. 7872 - RESOLUTION NO. 24-47 – BUDGET AMENDMENT – CHANGE ORDER NO.1 FOR - TRANSPORTATION CENTER AND SOCIAL SERVICES PARKING LOT RESURFACING – SPEED HUMPS INSTALL
Background:
On June 18, 2024, City Council awarded a contract in the amount of $395,021 to All American Asphalt for Project No. 7872, Transportation Center and Social Services Parking Lots Resurfacing. The project will rehabilitate parking lots at the City’s shared Transportation Center, the Social Services Center and Alondra Library. The work scope includes for pavement surface preparation, specific location pavement repairs, pavement resurfacing, and pavement markings restoration. The project’s budget ($452,000) includes for construction, contingency for unknowns, project management/inspection and City staff administration.
Cecilia Street is a shared right-of-way with the City of Downey (Downey). The common border between agencies is approximately along the street centerline. Downey recently resurfaced (slurry seal) its side of Cecilia Street (west bound lane). Cecilia Street has been plagued by above the “prima facie” speed vehicle limit of 25 miles per hour.
At its’ scheduled August 6, 2024 meeting, City Council approved installation of speed humps and associated equipment for Cecilia Street between Orr and Day Road and Fairford Avenue.
The installation of the speed humps is to increase safety, driver awareness and provide for safer driving experience.
To the facilitate a solution and implement City Council’s directive, staff recommends Change Order No.1, which consists of pavement resurfacing followed by the installation of speed humps
City Council August 20, 2024
Resolution No. 24-47 Budget Amendment and Approve Change Order No. 1 For Project No. 7872 – Speed Hump Install
Page No. 2
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5 on Cecilia Street. Pavement resurface (slurry seal) is recommended prior to speed hump installation to provide for a consistent pavement surface for speed humps installation.
The estimated costs for the above-described work (materials, labor & inspection) are as follows:
Work Item Costs
Herbicide & crack seal $ 17,056
Slurry seal - Type II $ 35,200
Speed humps $ 76,947
subtotal: $ 129,203
contingency (8 %): $ 10,336
Total: $ 139,539
Request: $ 140,000
The speed humps have a 4–6-week delivery lead time from order placement. Slurry seal requires advance preparation work (herbicide spraying, crack sealing) prior to slurry seal application and then pavement markings reinstallation. This work would be coordinated in a manner such that the pavement surface would be ready for speed humps installation once delivered. Estimated time to complete the additional work is approximately three months from change order execution.
Fiscal Impact:
Approved FY 2024/25 Gas Tax funds are available for this 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. 24-47, 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 PROJECT FOR PAVEMENT RESURFACING ON CECILIA STREET IN CONJUNCTION WITH NEW SPEED HUMP INSTALLATIONS, in the amount of $140,000; and
City Council August 20, 2024
Resolution No. 24-47 Budget Amendment and Approve Change Order No. 1 For Project No. 7872 – Speed Hump Install
Page No. 3
9 7
5 b. approve Construction Change Order No. 1 to All American Asphalt for Project No. 7872, Transportation Center and Social Services Parking lot resurfacing, in the amount of $129,203 to include pavement resurfacing eastbound Cecilia Street between Orr & Day Road and Fairford Avenue; and authorize the City Manager to execute the amendment, on behalf of the City, in a form approved by the City Attorney.
Attachments:
1. Resolution No. 24-47
2. Location Map
Attachment No. 1
RESOLUTION NO. 24-47
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 PROJECT
FOR PAVEMENT RESURFACING ON CECILIA STREET IN
CONJUNCTION WITH NEW SPEED HUMP INSTALLATIONS
WHEREAS, the City has initiated rehabilitation efforts of its parking lots at the City’s shared Transportation Center, and the Social Services Center and Alondra Library; and
WHEREAS, the City desires to install speed humps and appurtenant equipment on Cecilia Street (Cecilia) between Orr & Day Road and Fairford Avenue as part of the City’s Speed Hump Policy; and
WHEREAS, the City desires to resurface the subject street pavement prior to Cecilia speed humps installation; and
WHEREAS, the City desires to utilize current Project No. 7872 (Project) contracted construction services for Cecilia speed humps and pavement resurfacing; and WHEREAS, the total estimated costs for Cecilia construction, construction management and inspection, and staff administration are estimated to be $140,000; and WHEREAS, Gas Tax funds have been identified as an available funding source for the Cecilia; and
WHEREAS, City Council desires to amend the approved FY 2024/25 CIP Budget to allocate $140,000 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 $140,000
Fund Balance:204-0480 $140,000
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.
Resolution No. 24-47 Page 2 of 2
3 5
5 5
APPROVED AND ADOPTED on this 20th day of August 2024.
MARGARITA L. RIOS
MAYOR
ATTEST:
THERESA DEVOY, CMC
CITY CLERK
11217
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11247
11250
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11339
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11363
11244
11224
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11240
11223
11213
11243
11253
11309
11319
11308
11318
11333
11343
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11344
Cecilia Street
Lakeland Road
Fairford Avenue
Orr & Day Road
North
Exhibit 1
Cecilia Street between Orr & Day Road and Fairford Avenue Request for consideration of Speed Hump Installation
PRELIMINARY SPEED HUMP LOCATIONS
- PRELIMINARY location of speed humps
- Addresses directly at speed humps
- Addesses adjacent to speed humps
11000
11000
The preliminary speed hump locations shown have not
been confirmed and may need to be adjusted based on
location of driveways, manholes, storm drains, valves, etc.
Location Map
Attachment No. 2
City Council Agenda Report
August 20, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, City Clerk
SUBJECT: ADVISORY BODY APPOINTMENTS
Background:
With the exception of the Planning Commission (which is commensurate with the appointing Councilmember’s term) and five members of the Art in Public Places Commission (which is established in the Norwalk Municipal Code), Advisory Body terms are for two years following a City election. Advisory Body terms are from January 1, of odd years to December 31, of even years.
There are vacancies on several Advisory Bodies: Art in Public Places (4), Community Promotion (1), Historical Heritage (4), International Friendship Commission (4), Public Safety (1), Senior Citizens (1), and the Youth Commission (all 15). The Youth Commission does not have any members at this time. The age range for the Youth Commission is between 13 to 18 years of age. Each City Councilmember has three appointments.
Two of the vacancies on the Art in Public Places Committee are appointed based on Norwalk Municipal Code §15.44.060, and require consensus of the entire City Council. Any Councilmember may nominate an individual who falls into one of the two categories:
Business/Community College Representative and at-large Community Representative.
Fiscal Impact:
N/A
Citizens Advised:
Citizens are notified of Advisory Body vacancies through posting of vacancy notices and the Advisory Body term list, both of which are posted on the City’s website and at City Hall.
City Council August 20, 2024
Advisory Body Appointments Page No. 2
9 7
6 Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council make appointments to fill the vacancies on the various Advisory Bodies for two-year terms expiring on December 31, 2024.
Attachments:
Advisory Body List
COMMISSIONER TERMS As of 08/20/2024
C:\inetpub\wwwroot\multitenant\temp\Term Listing 08-20-2024.pdf Page 1 “Vacancies “at-a-glance”
AYALA PEREZ RAMIREZ RIOS VALENCIA
Art in Public Places
Community Promotion
Historical Heritage
Youth (3)
Historical Heritage
International
Friendship
Youth (3)
Art in Public Places
Historical Heritage
International Friendship
Youth (3)
Historical Heritage
International Friendship
Public Safety
Youth (3)
International
Friendship
Senior Citizens
Youth (3)
Members of all City boards, commissions or committees shall be for at least six months prior to appointment, residents of the City of Norwalk, business owners in the City of Norwalk, or property owners in the City of Norwalk.
Commissioner Advisory Body Appointee Present Term
Vacant Community Promotion Commission Ayala -12/31/24
Ang, David Community Promotion Commission Valencia 2/20/24-12/31/24 Beacham, Sontue Community Promotion Commission Perez 12/5/23-12/31/24 Leon, Armida Community Promotion Commission Ramirez 2/7/23-12/31/24 Sanchez Jr, Arturo Community Promotion Commission Rios 1/17/23-12/31/24 Vacant Historical Heritage Commission Ayala -12/31/24
Vacant Historical Heritage Commission Perez -12/31/24
Vacant Historical Heritage Commission Ramirez -12/31/24 Vacant Historical Heritage Commission Rios -12/31/24
Corona, Gina Historical Heritage Commission Perez 4/2/24-12/31/24 Greenidge, Marcelle Historical Heritage Commission Valencia 3/21/23-12/31/24 Hardy, Marlene Historical Heritage Commission Ayala 1/17/23-12/31/24 Hidalgo, Ericka Historical Heritage Commission Rios 2/7/23-12/31/24 Hernandez, Alex Historical Heritage Commission Ramirez 2/7/23-12/31/24 Pavon, Claudia Carolina Historical Heritage Commission Valencia 1/17/23-12/31/24 Flores, Sylvia International Friendship Commission Ayala 8/16/24-12/31/24 Vacant International Friendship Commission Perez -12/31/24 Vacant International Friendship Commission Ramirez -12/31/24 Vacant International Friendship Commission Rios -12/31/24 Vacant International Friendship Commission Valencia -12/31/24 Armendarez, Anthony Parks & Recreation Commission Rios 1/16/24-12/31/24 Berberabe, Francisco Parks & Recreation Commission Perez 1/17/23-12/31/24 Carbajal, Maria Parks & Recreation Commission Valencia 1/17/23-12/31/24 Garcia, Steve Parks & Recreation Commission Ramirez 2/7/23-12/31/24 Hernandez, Alejandra Parks & Recreation Commission Rios 1/17/23-12/31/24 Juan, Victor Parks & Recreation Commission Ayala 1/17/23-12/31/24 King, David Parks & Recreation Commission Perez 1/17/23-12/31/24 Martinez, Briana Parks & Recreation Commission Ayala 1/17/23-12/31/24 Napier, Monique Parks & Recreation Commission Ramirez 1/17/23-12/31/24 Valenzuela, Don Parks & Recreation Commission Valencia 11/7/23-12/31/24 Apodaca, Kimberly Planning Commission Perez 12/13/22-12/08/26 Barragan, Rosa Planning Commission Rios 4/7/20-12/10/24 Lopez, Linda Planning Commission Ayala 12/13/22-12/08/26 Navas, Luis Planning Commission Ramirez 4/21/20-12/10/24 Nuno, Evelyn Planning Commission Valencia 7/16/24-12/10/24 COMMISSIONER TERMS As of 08/20/2024
C:\inetpub\wwwroot\multitenant\temp\Term Listing 08-20-2024.pdf Page 2 Commissioner Advisory Body Appointee Present Term
Vacant Public Safety Commission Rios -12/31/24 Apodaca, Kim Public Safety Commission Perez 4/16/24-12/31/24 Brizuela, Elmer Public Safety Commission Ramirez 6/18/24-12/31/24 Fernandez-Silva, Ray Public Safety Commission Ayala 1/17/23-12/31/24 Greenidge, Marcelle Public Safety Commission Valencia 4/18/23-12/31/24 Hoskins, Patricia Public Safety Commission Valencia 1/17/23-12/31/24 Knieling, DiAnn Public Safety Commission Rios 1/17/23-12/31/24 LeGaspi, Richard Public Safety Commission Ayala 1/17/23-12/31/24 Peňa, Petra Public Safety Commission Ramirez 2/7/23-12/31/24 Rodriguez, Dr. Stephanie Public Safety Commission Perez 1/17/23-12/31/24 Rosoff, Michael Public Safety Commission Rios 1/17/23-12/31/24 Vacant Senior Citizens Commission Valencia -12/31/24
Contreras, Rachel Senior Citizens Commission Rios 1/17/23-12/31/24 Mesa, Martha Senior Citizens Commission Ramirez 1/17/23-12/31/24 Serrano, Esperanza Senior Citizens Commission Perez 1/17/23-12/31/24 Tasker, Angela Senior Citizens Commission Ayala 8/6/24-12/31/24 Acosta, Scherise Social Services Commission Ramirez 1/17/23-12/31/24 Barth, Phyllis Social Services Commission Perez 1/17/23-12/31-24 Free, Espie Social Services Commission Valencia 7/5/23-12/31/24 Garcia, Andrea Social Services Commission Ramirez 8/6/24-12/31/24 Greenidge, Marcelle Social Services Commission Perez 3/21/23-12/31/24 LeGaspi, Richard Social Services Commission Valencia 1/17/23-12/31/24 Reyes-Castro, Elfega Arely Social Services Commission Ayala 1/17/23-12/31/24 Santos, Alondra Social Services Commission Rios 2/7/23-12/31/24 Stodola, Mary Social Services Commission Rios 1/17/23-12/31/24 Tasker, Angela Social Services Commission Ayala 1/17/23-12/31/24 Vacant Youth Commission Ayala -12/31/24
Vacant Youth Commission Ayala -12/31/24
Vacant Youth Commission Ayala -12/31/24
Vacant Youth Commission Perez -12/31/24
Vacant Youth Commission Perez -12/31/24
Vacant Youth Commission Perez -12/31/24
Vacant Youth Commission Ramirez -12/31/24
Vacant Youth Commission Ramirez -12/31/24
Vacant Youth Commission Ramirez -12/31/24
Vacant Youth Commission Rios -12/31/24
Vacant Youth Commission Rios -12/31/24
Vacant Youth Commission Rios -12/31/24
Vacant Youth Commission Valencia -12/31/24
Vacant Youth Commission Valencia -12/31/24
Vacant Youth Commission Valencia -12/31/24
Commissioner Advisory Body Appointed Present Term
Apodaca, Kim Art in Public Places Committee City Rep Appointed by Perez 1/17/23-12/31/24 LeGaspi, Natalie Art in Public Places Committee City Rep Appointed by Rios 1/17/23-12/31/24 Solis, Pilar Art in Public Places Committee City Rep Appointed by Valencia 12/5/23-12/31/24 Vacant Art in Public Places Committee City Rep Appointed by Ayala -12/31/24 Vacant Art in Public Places Committee City Rep Appointed by Ramirez -1231/24 Art in Public Places Advisory Committee
NMC §15.44.060 A: Designation
Vega, Luis Art In Public Places Committee Outside Auth w/Expertise in Art Indefinite Vacant Art in Public Places Committee Community Rep Indefinite Vacant Art in Public Places Committee Bus./Community College Rep Indefinite Lopez, Linda Art in Public Places Committee Planning Rep 12/13/22-12/08/26 Juan, Victor Art in Public Places Committee P&R Appointee 1/17/23-12/31/24 City Council Agenda Report
August 20, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Ozzie Ramos, Deputy City Manager
SUBJECT: MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT RENEWAL Background:
The current Municipal Law Enforcement Services Agreement (MLESA) between Norwalk and the County of Los Angeles (LACO) expired on June 30, 2024. A five-year agreement between the City and LACO has been prepared for City Council’s review and approval. The term of the contract will commence on July 1, 2024, and expire on June 30, 2029.
The rates for law enforcement services are provided by the County of Los Angeles Auditor- Controller on an annual basis. Rates are determined based on the fully burdened cost of deploying patrol units including variables such as salary, benefits, equipment (vehicles, radios, maintenance, etc.), management overhead, vacation and sick relief, Detective services, Dispatch and front desk personnel, station Jailer services and civilian positions.
This year, a subcommittee of California Contract Cities Association (CCCA) City Managers was formed to draft revisions to the MLESA. Comments were solicited from all contract cities.
The CCCA subcommittee worked closely with the Sheriff’s Department Contract Law Enforcement Bureau to develop new language in the MLESA to describe how resource deployment will be addressed.
The following list summarizes the changes to the MESLA for 2024-2029:
•Section 3.3 – The following language was added to address deployment deficiencies, accurately track contract minutes on a monthly basis and by service type, rather than the current method of compiling all contract minutes into just one bucket of total contract minutes, while still maintaining 98% service compliance.
City Council August 20, 2024
Municipal Law Enforcement Services Agreement Page No. 2 9 7
4 o“If monthly service compliance falls below ninety-eight percent (98%) for each service unit type, then the Sheriff's Department Station Captain shall meet with the City to discuss compliance and identify a plan for resolution.” •Section 3.9 – The following language was added to establish a more transparent process for retaining service vehicles when there are changes in the number of actual service units in the City.
o“When a contracted service unit, requiring the procurement of a vehicle at the onset of service, is deleted from the Service Level Authorization (SH-AD-575), and the City reinstates said service unit within a 24-month period, the City will not be required to procure a vehicle.”
•Section 4.2.3 – The following language was added to define the process and mechanism for the transfer of City property to the County, and the accounting of City property used by the County.
o“When a contracted service unit, requiring the procurement of a vehicle at the onset of service, is deleted from the Service Level Authorization (SH-AD-575), and the City reinstates said service unit within a 24-month period, the City will not be required to procure a vehicle.”
•Attachment C, Public Safety Equipment Use Requirements, Section 3.9 – The following language was added to clarify equipment replacement protocols, procedures, and timelines after extended maintenance and repair.
o“Any Equipment requiring maintenance and repair by the County for any extended length of time, as determined by the Sheriff's Department's Communications and Fleet Management Bureau, will make best efforts to provide a temporary replacement piece of Equipment if such extended time exceeds or is projected to exceed sixty (60) calendar days.”
Section 5. 4: – This section has not been resolved; however, negotiations will be continuing for up to nine months regarding liability/indemnity issues. This agreement provides a 9-month period for our contract cities and the County to work in good faith to negotiate key issues related to liability.
In Fiscal Year (FY) 2023/24, the total expenditures for general law enforcement services amounted to $17,300,000.
Fiscal Impact:
The cost for general law enforcement services for FY 2024/25 is $16,526,620 and $1,904,810 for Liability Trust Fund costs for a total of $18,431,430. The cost for contract services increased by approximately 3.09% compared to FY 2023/24. Lastly, an additional $23,286 included in this City Council August 20, 2024
Municipal Law Enforcement Services Agreement Page No. 3 9 7
4 MLESA contract is for the annual equipment leasing and maintenance costs for Sheriff equipment utilized in Public Safety vehicles. This amount is included in the FY 2024/25 budget and is 100% funded by several Justice Assistance grants.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
Strategic Goal No. 2 “Work in partnership with our community to achieve a safe and livable neighborhood”
Recommended Action:
Staff recommends City Council approve the agreement with the County of Los Angeles for Municipal Law Enforcement Services for the period of July 1, 2024, through June 30, 2029, in the amount of $18,431,430 for Fiscal Year 2024/25, with adjustments for subsequent fiscal years based on negotiated rate changes and costs associated with law enforcement services; and authorizes the City Manager to execute the agreement on behalf of the City, in a form approved by the City Attorney.
Attachments:
Municipal Law Enforcement Services Agreement 2024 through 2029
Attachment No. 1
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF NORWALK
TABLE OF CONTENTS
TITLESECTION PAGE
RECITALS............................................................................................................. 1
1.0 SCOPE OF SERVICES…………............................................................
ADMINISTRATION OF PERSONNEL.................................................
DEPLOYMENT OF PERSONNEL.........................................................
PERFORMANCE OF AGREEMENT....................................................
INDEMNIFICATION...............................................................................
TERM OF AGREEMENT........................................................................
RIGHT OF TERMINATION...................................................................
BILLING RATES…..................................................................................
PAYMENT PROCEDURES....................................................................
NOTICES……………………...................................................................
AMENDMENTS……………....................................................................
AUTHORIZATION WARRANTY.........................................................
ENTIRE AGREEMENT.......................................................................... 1 2.0 2
3.0 3
4.0 6
5.0 7
6.0 8
7.0 9
8.0 9
9.0 10
11 11
12 12
13 10.0
11.0 12.0
13.0 SIGNATURES.......................................................................................................
ATTACHMENT A: Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form
ATTACHMENT B: Contract City Law Enforcement Services and Equipment Master Rate Sheet
ATTACHMENT C: Public Safety Equipment Use Requirements
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF NORWALK
This Municipal Law Enforcement Services Agreement ("Agreement") is made and entered into this ______ day of __________________, 2024 by and between the County of Los Angeles ("County") and the City of Norwalk ("City").
RECITALS
A. Whereas, the City is desirous of contracting with the County for the performance of municipal law enforcement services by the Los Angeles County Sheriff’s Department ("Sheriff's Department"); and
B.
C.
Whereas, the County is agreeable to rendering such municipal law enforcement services on the terms and conditions set forth in this Agreement; and Whereas, this Agreement is authorized by Sections 56½ and 56¾ of the County Charter and California Government Code Section 51301.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties mutually agree as follows:
1.0 SCOPE OF SERVICES
1.1 1.2
The County, by and through the Sheriff's Department, agrees to provide general law enforcement services within the corporate limits of the City to the extent and in the manner hereinafter set forth in this Agreement.
Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff's Department under the County Charter, State of California statutes, and the City municipal codes.
1.3 General law enforcement services performed hereunder may include, if requested by the City, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff.
1 2.0 ADMINISTRATION OF PERSONNEL
2.1 During the term of this Agreement, the Sheriff or his designee shall serve as the Chief of Police of the City and shall perform the functions of the Chief of Police at the direction of the City.
2.2 The rendition of the services performed by the Sheriff's Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County. The City understands and agrees that, at the Sheriff’s Department’s sole discretion, the Sheriff’s Department may redeploy personnel for mutual aid purposes pursuant to the California Emergency Services Act, codified at California Government Code Sections 8550-8668. Absent exigent circumstances, any sustained deployment of more than fifty percent (50%) of the City’s contracted items, with the calculation determined by service unit type, requires consultation with the City manager or his/her designee. For the purpose of this section, exigent circumstances are defined as such cases where the immediacy of deployment is of such nature where prior consultation is materially detrimental to public safety and the length of such deployment does not exceed 24 hours.
2.3 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both the Sheriff's Department and the City.
The City shall first consult with the Station Captain, Division Commander, and Division Chief, in an effort to reach a mutual determination. If a mutual determination cannot be realized at a subordinate level, then the matter will be elevated to a Sheriff’s Department Assistant Sheriff or the Sheriff.
2.4 2.5
With regard to Paragraphs 2.2 and 2.3 above, the Sheriff's Department, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto.
All City employees who work in conjunction with the Sheriff’s Department pursuant to this Agreement shall remain employees of the City and shall not have 2 any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employees as such shall become employees of the County unless by specific additional agreement in the form of a merger agreement which must be concurrently adopted by the City and the County. The Sheriff’s Department will provide approved City employees with the required training necessary to access authorized County programs (i.e. CAD, MDC, etc.), so such City employees can perform the functions of their positions.
2.6 2.7
While performing law enforcement services and functions under this Agreement, every Sheriff’s Department employee shall be authorized to enforce all City laws and regulations, including all City codes and ordinances.
The City shall not be called upon to assume any liability for the direct payment of any Sheriff's Department salaries, wages, or other compensation to any County personnel performing services hereunder for the City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of the performance of services under this Agreement.
2.8 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Service Rules to which it is subject and which prohibit discrimination on the basis of non-merit factors, shall for purposes of this Agreement be read and understood to prohibit discrimination on the basis of sexual orientation.
3.0 DEPLOYMENT OF PERSONNEL
3.1 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the Sheriff's Department and indicated on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement.
3.2 The City, or its designated representative, shall meet with its respective Sheriff's Department Station Captain when requesting law enforcement services to be performed in the City, and provide direction to the Sheriff's Department Station Captain regarding the method of deployment for such services. The City and the 3 Sheriff’s Department shall also determine a minimum daily standard of staffing needs for services rendered to ensure an adequate personnel presence during station operation and patrol. The City and the Station Captain shall meet to discuss the minimum daily standard which is documented in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The Station Captain shall endeavor to meet this standard without increased cost to the City. The Sheriff's Department shall ensure that all services are delivered in a manner consistent with the priorities, annual performance objectives, and goals established by the City.
3.3 The Sheriff's Department shall make every attempt to avoid deployment deficiencies (i.e., “busting” of cars) by following the daily minimum standard of staffing, as stipulated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. Should deployment deficiencies occur, the Sheriff’s Department should make every effort to reallocate those resources to the shift where the deficiencies occurred. Should the Sheriff's Department determine that a temporary increase, decrease, and/or realignment in the deployment methodologies is necessary, the Sheriff's Department shall promptly notify the City of this change in advance. In the event that prior notice is not possible, the City shall be notified of the change within two (2) City business days. If monthly service compliance falls below ninety-eight percent (98%) for each service unit type, then the Sheriff's Department Station Captain shall meet with the City to discuss compliance and identify a plan for resolution. If the quarterly and/or year-to-date (September 30th, December 31st, March 31st, and June 30th) service compliance falls below ninety-eight percent (98%) for each service unit type, then the respective Sheriff's Department Division Chief shall meet with the Sheriff's Department Station Captain and the City to discuss compliance and identify a plan for resolution. If the City is dissatisfied with the outcome of either resolution process, the matter will be elevated to a Sheriff's Department Assistant Sheriff or the Sheriff until all City concerns are fully resolved. Resolution may include, but is not limited to, the use of overtime, staffing adjustments, and/or City-initiated service suspensions, at no additional cost to the 4 City. If the City determines it is unnecessary, the City may waive either dispute resolution process discussed above.
3.3.1 The Sheriff’s Department shall monitor and make every attempt to backfill vacant and impaired (to include loaned) sworn supervisorial overhead positions by the beginning of the following quarter.
3.3.2 The Sheriff’s Department will work with the City to provide an appropriate tool and/or reports to demonstrate adequate service level compliance under this Agreement. Such service level compliance reports include, but not limited to, daily staffing levels, service levels, deployment of service units, daily deputy activity, or similar type data that is reasonably available.
3.4 3.5
A new Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be authorized and signed annually by the City and the Sheriff or his designee effective each July 1, and attached hereto as an Amendment to this Agreement.
Should the City request a change in the level of service other than pursuant to the annual July 1 readjustment, a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be signed and authorized by the City and the Sheriff or his designee and attached hereto as an Amendment to this Agreement.
3.6 3.7
The most recent dated and signed Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be the staffing level in effect between the County and the City.
The City is not limited to the services indicated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The City may also request any other service or equipment in the field of public safety, law, or related fields within the legal power of the Sheriff’s Department to provide. Such other services and equipment shall be reflected in a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement under the procedures set forth 5 in Paragraphs 3.4 and 3.5 above.
3.8 3.9
With regard to any public safety equipment requested by the City and set forth on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement, the City shall adhere to the terms and conditions set forth in Attachment C, Public Safety Equipment Use Requirements, of this Agreement.
When a contracted service unit, requiring the procurement of a vehicle at the onset of service, is deleted from the Service Level Authorization (SH-AD-575) , and the City reinstates said service unit within a 24-month period, the City will not be required to procure a vehicle.
4.0 PERFORMANCE OF AGREEMENT
4.1 For the purpose of performing general law enforcement services under this Agreement, the County shall furnish and supply all necessary labor, supervision, equipment, technology, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services.
4.2.1 All bailments require a separate Bailment Agreement governing the County’s use of the bailed equipment. Such Bailment Agreements shall be administered at the station level. A bailment is a legal arrangement where one party (City) temporarily transfers possession of specific property or assets to another party (County) to facilitate the provision of certain services.
4.2.2 All donations made by a City to the County will be governed by the most current Sheriff’s Department donation procedures.
4.2.3 The County, through the Sheriff’s Department, acknowledges its obligation to maintain an inventory of all non-vehicle equipment owned by the City (“City Equipment”) provided to the County for its use. The inventory shall include, but not limited to, a detailed description of each item of City Equipment, its serial number (if applicable), its condition upon receipt, and its location. The County shall be responsible for regularly updating and maintaining the inventory of City Equipment, including documenting any changes in the status, condition, or location 6 of equipment. The inventory shall be kept current and accurate at all times during the term of this Agreement. Upon request by the City, the County shall provide access to the inventory records and facilitate any necessary inspections or audit of the City Equipment. The County shall cooperate fully with the City in verifying the accuracy and completeness of the inventory. In the event of loss, damage, or theft of any City Equipment while under the custody or control of the County, the County shall promptly notify the City in writing and provide a detailed explanation of the circumstances surrounding the incident. All inventory records shall be completed and maintained at the station level.
4.3 When and if both parties to this Agreement concur as to the necessity of maintaining a law enforcement headquarters or Sheriff’s Department substation within the City which would not normally be provided by the Sheriff’s Department, the City shall furnish at its own cost and expense all necessary office space, and the Sheriff’s Department shall have authority to negotiate with the City regarding which entity shall pay for furniture and furnishings, office supplies, janitor service, telephone, light, water, and other utilities.
4.4 4.5
It is expressly further understood that in the event a local office or building is maintained in the City, such local office or building may be used by the Sheriff’s Department in connection with the performance of its duties in territory outside of the City, provided, however, that the performance of such outside duties shall not be at any additional cost to the City.
Notwithstanding the foregoing, it is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of the City, the same shall be supplied by the City at its own cost and expense.
5.0 INDEMNIFICATION
5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the County Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the County Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Agreement as if set out in full herein.
7 5.2
5.3 The parties hereto have also executed a County-City Special Indemnity Agreement approved by the County Board of Supervisors on August 25, 2009. This document is made a part of and incorporated into this Agreement as if set out in full herein.
In the event the County Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.
5.4 Notwithstanding anything to the contrary contained in the Agreement, the indemnification term under this section shall be in effect for a period of nine (9) months, through and including March 31, 2025, with an automatic six-month (6) renewal thereafter, through and including September 30, 2025 (“Indemnification Extension”), unless: (a) this section is amended at any time prior to September 30, 2025; or (b) the entire Agreement is terminated earlier, pursuant to Section 7.0 of this Agreement. If the parties continue to perform under the Agreement after the expiration of the Indemnification Extension without any amendment to this section in accordance with Section 11.0, then the indemnification term under this section will be automatically renewed and incorporated herein for the entire duration of this Agreement.
6.0 TERM OF AGREEMENT
6.1 The term of this Agreement shall be from July 1, 2024 through June 30, 2029, unless sooner terminated or extended as provided for herein.
6.2 At the option of the County Board of Supervisors and with the consent of the City Council, this Agreement may be renewed or extended for successive periods not to exceed five (5) years each.
6.3 Nine (9) months prior to the expiration of this Agreement, the parties shall meet and confer in good faith to discuss the possible renewal or extension of this Agreement pursuant to Paragraph 6.2 above. The parties shall reach an agreement as to the terms of any renewal or extension period no later than six (6) months prior to the expiration of this Agreement. Absent mutual agreement by the parties within that time frame, this Agreement shall expire at the conclusion of the then-existing term.
8 7.0 RIGHT OF TERMINATION
7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than one hundred eighty (180) calendar days prior thereto.
7.2 Notwithstanding any provision herein to the contrary, the City may terminate this Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed hereunder, and in such an event this Agreement shall terminate sixty (60) calendar days from the date of the City’s notice to the County.
This Agreement may be terminated at any time, with or without cause, by either party upon written notice given to the other party at least one hundred eighty (180) calendar days before the date specified for such termination.
7.3 7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and, except as otherwise provided herein, each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination.
7.5 In the case of termination of this Agreement, the Sheriff will provide only such duties as are required by law.
8.0 BILLING RATES
8.1 The City shall pay the County for the services and equipment provided under the terms of this Agreement at the billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement, as established by the County Auditor-Controller.
8.2 The billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be readjusted by the County Auditor-Controller annually effective July 1 of each year, published by the County, and attached hereto as an Amendment to this Agreement, to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the County Board of Supervisors.
The City shall be billed at the current fiscal year’s billing rates based on the service level provided within the parameters of Attachment A, Los Angeles County
8.3 9
Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement.
8.4 The billing rates for other services and equipment requested pursuant to Paragraph
3.7 of this Agreement and not set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be determined by the County Auditor-Controller in accordance with the policies and procedures established by the County Board of Supervisors and then set forth and published on a revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Sheriff's Department, shall render to the City, after the close of each calendar month, a summarized invoice which covers all services performed during said month, and the City shall pay the County for all undisputed amounts within sixty (60) calendar days after date of the invoice.
9.2 If such payment is not delivered to the County office which is described on the invoice within sixty (60) calendar days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide the County with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice.
The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) calendar days after the dispute resolution is memorialized.
9.3 9.4
Interest shall be at the rate of ten percent (10%) per annum or any portion thereof, calculated from the due date of the invoice for the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution is memorialized.
Notwithstanding the provisions of California Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date the resolution is memorialized, the County may satisfy such indebtedness, including interest thereon, from any funds of the City on 10 deposit with the County without giving further notice to the City of the County's intention to do so.
10.0 NOTICES
10.1 Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person named. Addresses and persons to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party.
10.2 Notices to the County shall be addressed as follows:
Los Angeles County Sheriff's Department
Contract Law Enforcement Bureau
Attn: Unit Commander
211 W. Temple Street. 7th Floor
Los Angeles, California 90012
Phone #: 213-229-1647
10.3 Notices to the City of shall be addressed as follows:
City of Norwalk
Attn: City Manager
Address: 12700 Norwalk Blvd., Norwalk, CA 90650
Phone #: 562-929-5700
11.0 AMENDMENTS
11.1 Except for changes pursuant to Paragraphs 8.2 and 8.4 of this Agreement, all changes, modifications, or amendments to this Agreement must be in the form of a written Amendment duly executed by the County Board of Supervisors and an authorized representative of the City.
11.2 Notwithstanding Paragraph 11.1 above, the Sheriff or his designee is hereby authorized to execute, on behalf of the County, any Amendments and/or supplemental agreements referenced in Sections 3.0, 4.0, and 9.0 of this Agreement.
11.3 In accordance with Paragraphs 8.2 and 8.4 of this Agreement, the Sheriff or his designee is hereby authorized to publish, on behalf of the County, the annual 11 revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement. The revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall serve as an Amendment to this Agreement, but shall not require the signature of either party.
12.0 AUTHORIZATION WARRANTY
12.1 The City represents and warrants that the person executing this Agreement for the City is an authorized agent who has actual authority to bind the City to each and every term, condition, and obligation of this Agreement and that all requirements of the City have been fulfilled to provide such actual authority.
12.2 The County represents and warrants that the person executing this Agreement for the County is an authorized agent who has actual authority to bind the County to each and every term, condition, and obligation of this Agreement and that all requirements of the County have been fulfilled to provide such actual authority.
13.0 ENTIRE AGREEMENT
This Agreement, including Attachment A, Attachment B, and Attachment C, and any Amendments hereto constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section 11.0, Amendments, of this Agreement.
12 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
COUNTY OF LOS ANGELES
AND CITY OF NORWALK
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors, has caused this Agreement to be executed by the Sheriff of Los Angeles County, and the City has caused this Agreement to be executed by its duly authorized representative, on the dates written below.
COUNTY OF LOS ANGELES
By ________________________________
ROBERT G. LUNA
Sheriff
Date _______________________________
CITY OF NORWALK
By ________________________________
Date _______________________________
ATTEST:
By__________________________
City Clerk
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
APPROVED AS TO FORM:
CITY ATTORNEY
By _APPROVAL ON FILE_____ By _________________________
Principal Deputy County Counsel
13 Attachment C
PUBLIC SAFETY EQUIPMENT USE REQUIREMENTS
TRANSFER OF PUBLIC SAFETY EQUIPMENT1.0
2.0 1.1 The County, through the Sheriff’s Department, hereby transfers the public safety equipment set forth on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement ("Equipment") for the exclusive use of the City during the term of the Agreement.
USE OF EQUIPMENT
2.1 2.2
2.3 The City may use the Equipment for any lawful purpose, including use in connection with public safety activities in all areas under the City’s jurisdiction.
The City shall not use or operate the Equipment in violation of any federal, state, or local law, rule, regulation, or ordinance.
The Equipment shall not be used or operated as follows:
2.3.1 In a manner subjecting the Equipment to depreciation above the normal depreciation associated with public safety use; and/or
2.3.2 For an illegal purpose or by a person under the influence of alcohol or narcotics.
3.0 SAFEKEEPING AND MAINTENANCE
3.1 3.2
The City shall exercise due care for the safekeeping of the Equipment during the term of the Agreement.
The City shall ensure that the Equipment is kept in good working order and condition, shall ensure that the Equipment is scheduled and available to County for the performance of its regularly scheduled maintenance by the County, and shall comply in every respect with any manufacturer’s/owner’s manual that comes with the Equipment.
3.3 3.4
The County shall perform all maintenance and repairs required for the proper operation of the Equipment. Except as otherwise set forth herein, such maintenance and repairs are provided in exchange for the City's payment of the annual billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of the Agreement. The City has the right to inspect said Equipment prior to acceptance of the Equipment following maintenance and repairs by the County.
Maintenance and repairs provided by the County under the Agreement may be 1 performed by the County, its third party vendors, and/or the manufacturer of the Equipment.
3.5 3.6
3.7 3.8
The County shall assume responsibility for ensuring that the Equipment has been inspected or otherwise tested in accordance with the laws of the State of California and the United States prior to use by the City.
The City shall inspect the Equipment upon initial delivery and return from County following maintenance and repair, and, by acceptance thereof, finds the Equipment in good working order and condition.
The Equipment shall be maintained and repaired solely by the County. The City and any of its third party vendors are prohibited from performing any maintenance and repairs on the Equipment.
All regularly scheduled maintenance shall be performed by the County, and the City shall timely present the Equipment to the County for the performance of regularly scheduled maintenance at the direction of, and in accordance with the policies and procedures of, the Sheriff's Department's Communications and Fleet Management Bureau. The Sheriff’s Department shall make every effort to perform any maintenance in a timely manner.
3.9 Any Equipment requiring maintenance and repair by the County for any extended length of time, as determined by the Sheriff's Department's Communications and Fleet Management Bureau, will make best efforts to provide a temporary replacement piece of Equipment if such extended time exceeds or is projected to exceed sixty (60) calendar days. All terms and conditions set forth herein shall apply to the City's use of any temporary replacement Equipment provided by the County. The County shall not be responsible for any damages or liability resulting from the City's loss of use of the Equipment during the performance of maintenance and repair services by the County.
4.0 5.0
INSPECTION BY COUNTY
4.1 The County shall have the right to inspect the Equipment, immediately upon request by the County, at any time during the term of the Agreement. The City shall provide the County with such operating, and other information, or copies of any such records maintained by the City with respect to the Equipment, as the County or any government agency may require from time to time.
TITLES
5.1 The County shall retain ownership of the Equipment used by the City during the term of the Agreement. Legal title to the Equipment is, and shall, at all times, remain in the name of the County. The Equipment shall not be transferred or delivered by the City to any persons other than the County without the County’s prior written consent.
2 6.0 INDEMNIFICATION
6.1 The City agrees to indemnify, defend, and hold harmless the County from any and all liability, losses, or damages the County may suffer and from any claims, demands, costs, or judgments against the County arising out of City’s use or operation of the Equipment. This indemnification does not extend to (1) any liability resulting from inherent defects or malfunctions in such Equipment related to manufacturer’s acts or omissions, or (2) negligent or wrongful maintenance or repair of the Equipment provided by the County.
7. RISK OF LOSS
7.1 7.2
7.3 The City shall assume all risk of loss to the Equipment from the time it is delivered by the County to the City, and inspected and accepted by the City, until (1) the Equipment is returned to the County upon expiration or termination of the Agreement, or (2) the County regains temporary possession of the Equipment for purposes of providing maintenance and repair.
Upon inspection/acceptance of the Equipment, the City shall be responsible for any and all damage to the Equipment, except those damages resulting from (1) inherent defects or malfunctions in such Equipment related to manufacturer’s acts or omissions, or (2) the negligent or wrongful maintenance or repair of the Equipment provided by the County.
In the event of damage to the Equipment or the Equipment is in need of repair, the City shall notify the County to that effect and follow such instructions that the County may provide with respect to repair or disposal of the Equipment. If the Equipment is lost, stolen, destroyed, or declared to be a total constructive loss (subject to the County's agreement as to such condition), the City shall properly notify the County thereof and hold any Equipment for disposal by the County.
With respect to any loss, theft, or destruction of the Equipment, the County and the City shall negotiate the value for comparable equipment in a condition similar to the lost, stolen, or destroyed Equipment immediately prior to any such loss.
The City shall reimburse the County for the value of the lost, stolen, or destroyed Equipment.
8.0 BILLING RATES
8.1 As further discussed in Section 8.0, Billing Rates, of the Agreement, the City shall pay the County for the use of the Equipment provided under the Agreement at the annual billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of the Agreement, as established by the County Auditor-Controller.
3