tools, offering a visual and emotional connection to significant events and people from the past.
They also promote reflection and dialogue, encouraging understanding and social cohesion through conversations about both the city's achievements and struggles. By showcasing its history, a city can foster civic pride, strengthen community identity, and inspire residents to contribute positively to their shared future.
Located in the heart of San Fernando, the Lopez Adobe is a treasured historical site that offers a glimpse into California’s rich cultural past. Built in 1882-1883 for Geronimo and Catalina Lopez, members of an early Californio family, the two-story adobe structure is one (1) of the few remaining 19th-century adobe homes in the San Fernando Valley. It stands as a testament to the City’s early development and the legacy of the Lopez family- prominent figures in the region’s transition from Mexican to American governance. Today, the Lopez Adobe is preserved as a museum, welcoming visitors to explore its storied halls and the history of early California life.
The Whitaker-Rodgers family are direct descendants of Geronimo and Catalina Lopez by way of Beverley Whitaker Rodgers, great-great granddaughter of the Lopez’. In October of 2022, the City hosted a book-signing event at the Lopez Adobe for Mrs. Rodgers’ memoirs, Reflections from Box 150. At the event, Mrs. Rodgers displayed a chair (Item #5) that belonged to her grandmother Mamie Dunne and shared fond memories of sitting in this chair when she visited at the Adobe.
The donation of the chair, in addition to the other artifacts, will add to the home’s historical preservation. City staff will have the ability to rotate furniture pieces in the museum that will add a new element of storytelling when welcoming visitors. Although not all the artifacts are directly linked to the Lopez Adobe, they are period specific and will contribute to the early California décor exhibited throughout the home.
BUDGET IMPACT:
There is no budget impact associated with the acceptance of the artifact donation.
CONCLUSION:
Staff recommends the City Council accept the donation of artifacts, and authorize the City Manager to execute all agreement documents.
ATTACHMENTS:
A. Contract No. 2364 - Artifact Donation Agreement, including:
Exhibit “A”: Donation List
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ATTACHMENT “A”
CONTRACT NO. 2364
CITY OF SAN FERNANDO
ARTIFACT DONATION AGREEMENT
This Artifact Donation Agreement (“Agreement”) is entered into this 2nd day of June, 2025, by and between City of San Fernando (“City”), and Kim Rodgers Westhoff and Jerome Palmer Whitaker, individuals, (collectively, “Donors”). City and Donors are sometimes individually referred to as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, Donors are the owners of certain personal property that they desire to donate to City for display at the Lopez Adobe site (the “Lopez Adobe”) in coordination with the City. A list of the items, together with the descriptions and photographs of each item, are provided in Exhibit “A” (the “Donation Property”), attached hereto and incorporated herein by reference; and
WHEREAS, the City has carefully reviewed the records provided by Donors, who are the representatives for the descendants of Geronimo and Catalina Lopez, and is satisfied with the documentation provided to verify the Donation Property; and WHEREAS, Donors desire to donate and the City desires to accept the Donation Property; and
WHEREAS, the Parties now desire to execute and deliver this Artifact Donation Agreement on the terms and conditions set forth herein; and
NOW, THEREFORE, the Parties and each of them, intending to be legally bound hereby and in consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows:
1. Incorporation of Recitals. The recitals set forth above are hereby incorporated by reference.
2. Donation. In accordance with the terms and provisions of this Agreement, Donors hereby donate the Donation Property to the City in its “AS-IS” condition. Other than as expressly set forth in this Agreement, (a) City acknowledges and agrees that it is acquiring the Donation Property in its “AS IS” condition, with all faults, if any, and without any warranty, express or implied, and (b) neither Donors nor any agents, representatives or employees of Donors have made any representations or warranties to the City or the City’s officials, employees, agents, or volunteers with respect to the condition, value, fitness, or use of the Donation Property upon which City has relied directly or indirectly for any purpose. City acknowledges that it has been afforded the opportunity to make such inspections (or have such inspections made by consultants) as it desires of the Donation Property and to obtain information regarding operative or proposed governmental laws and regulations to which the Donation Property is or may be subject to. City acknowledges that it is relying solely on its own investigation as to the Donation Property and its value and is assuming the risk that adverse physical, economic or other conditions may not have been revealed by such investigation.
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CONTRACT NO. 2364
2 3. Representations and Warranties by Donors. Donors represent and warrant that (i) they have no knowledge of any entity or person, including legal heirs or lineal descendants of Geronimo and Catalina Lopez, with any interest in the Donation Property; and (ii) they are the sole representatives of the legal heirs or lineal descendants of Geronimo and Catalina Lopez with authority to act on their behalf.
4. Mutual Release.
4.1 Except as otherwise provided in this Agreement, City, its officers, directors, employees, and agents, and Donors, and their legal heirs, hereby mutually release, waive, and forever discharge the other, of and from any and all actions, causes of actions in law, equity, indemnity, or otherwise, suits, debts, losses, liabilities, claims, demands, damages, costs or expenses, of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, including all existing rights and claims (collectively, “Claims”) that either may now have or may have by reason of any matter, cause or thing, arising out of or relating to the Donation Property that have been donated to the City for display at the Lopez Abode.
4.2 City, its officers, directors, employees, and agents, and Donors, and their legal heirs, mutually understand that either Party may later discover Claims or facts that may be different from, or in addition to, those that they now know or believe to exist regarding the Donation Property, and which, if known at the time of signing this Agreement, may have materially affected this Agreement and their decision to enter into it and grant the release contained in this Section 4. Nevertheless, City, its officers, directors, employees, and agents, and Donors, and their legal heirs, mutually intend to fully, finally, and forever settle and release all Claims that now exist, may exist, or previously existed, as set out in the release contained in this Section 4, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, and the release given herein is and will remain in effect as a complete release, notwithstanding the discovery or existence of such additional or different facts. City, its officers, directors, employees, and agents, and Donors, and their legal heirs, hereby mutually waive any right or Claim that might arise as a result of such different or additional Claims or facts. For all Claims released in this Agreement, the Parties waive all rights under California Civil Code section 1542, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
5. Indemnification.
Section 4 of this Agreement notwithstanding, to the fullest extent permitted by law, Donors shall, jointly and severally, indemnify and hold City, its directors, officers, employees, and agents, (“Indemnities”), free and harmless from any and all claims, demands, causes of action, costs, including the payment of reasonable attorneys’ fees, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner, arising out of, pertaining to, or incident to (1) the Donation Property, and (2) other potential claimants and/or legal heirs or lineal descendants of Geronimo and Catalina Lopez who may assert a claim, now or in the future, to the Donation Property.
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CONTRACT NO. 2364
3 Notwithstanding anything to the contrary in this Agreement, and without affecting the rights of City under any provision of this Agreement, Donors shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Donors will be for that entire portion or percentage of liability not attributable to the active negligence of City.
City and Donors mutually waive any and all consequential, special, indirect and punitive damages against each other arising out of or relating to the Donation Property, whether in contract, tort or any other legal theory.
6. Covenants Not To Sue. The Parties covenant and agree that, except to enforce this Agreement, they will never, individually or with any other person or entity, or through any agent, commence or prosecute against each other any action or proceeding for any claim or matter which is settled and released by this Agreement.
7. General Provisions.
7.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
7.2 Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
City: Donors:
City of San Fernando
Attn: Director of Recreation and Community Services
117 Macneil Street
San Fernando, CA 91340
Email: [email protected]
Kim Rodgers Westhoff
[email protected]
Jerome Palmer Whitaker
[email protected]
Such notice shall be deemed made when personally delivered or when mailed, upon deposit in the U.S. Mail, first class postage prepaid and registered or certified addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
7.3 Successors and Assigns. This Agreement shall be binding onthe successors and assigns of the Parties.
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CONTRACT NO. 2364
4 7.4 Assignment or Transfer. Neither Party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest hereinwithout the prior written consent of both Parties.
7.5 Amendment. This Agreement may not be altered or amended except in a writing signed by both Parties.
7.6 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition.
7.7 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
7.8 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
7.9 Governing Law. This Agreement shall be governed by the laws ofthe State of California. Venue shall be in Los Angeles County.
7.10 Attorneys’ Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
7.11 Public Records Act Disclosure. Donors have been advised and are aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Donors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
7.12 Authority to Enter Agreement. Donors have all requisite power and authority to conduct business and to execute, deliver, and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
7.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
7.14 Integration. This Agreement represents the entire understanding of City and Donors as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters coveredhereunder.
Signature page to follow
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CONTRACT NO. 2364
5 IN WITNESS WHEREOF, the Parties hereby have caused this Agreement to be executed the date first written above:
CITY OF SAN FERNANDO DONORS
_________________________________
Nick Kimball, City Manager Kim Rodgers Westhoff
Individually and on behalf of the Lopez
Family
Jerome Palmer Whitaker
Individually and on behalf of the Lopez
Family
APPROVED AS TO FORM
__________________________________
Richard Padilla, City Attorney
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Item Category Description
1 Picture of Vaquero Portrait
Portrait of vaquero that worked for Geronimo Lopez.
Painted by Frederic Remington, artist that stayed with
the Lopez family. Believed to have been displayed over
the fireplace in the living room of the home.
2 Chamber Pot Household Item
A Lopez relative shipped household goods from
Massachussetts for his soon to be bride. He never
returned, the family divided the goods among the
various relatives.
3 Child's Red Chair w/
wicker seat Furniture
Original chair from the Whitaker household, Beverley
remembered sitting in it when she visited.
4 Mirror in Wooden
Pearl Carved Frame Decoration Excellent condition, unknown if glass is original. 5 Chair #2 Furniture
Beverley brought chair to booksigning- chair she would
sit on when visiting the Whitakers.
6 Wooden Low Chest Furniture All wood, appears to be handmade. 7 Quilt Rack Furniture
From Whitaker household- used to hold extra quilts and
blankets
8 Marble Topped Side
Table Furniture Thought to belong to Clara Lopez.
9 Loveseat Furniture
Original chair from Clara Lopez household (new
upholstery)
10 Chair Furniture Matching set with the loveseat (item #9) 11 Bed Headboard Furniture
Beverley Whitaker Rodgers Donation (Lopez Adobe)
Kim Westhoff | 818-415-3409 | [email protected]
Jerome Whitaker | 626-390-3372 | [email protected]
CONTRACT NO. 2364
EXHIBIT "A"
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Beverley Rodgers Whitaker
Lopez Family Descendant
Artifact Donation List
Item #1: Picture of Vaquero Item #4: Mirror in Wooden Pearl Carved Frame Item #2: Chamber Pot
Item #3: Child’s Red Chair with Wicker Seat Item #5: Book signing Chair CONTRACT NO. 2364
EXHIBIT "A"
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Item #6: Wooden Low Chest (left)
Item #7: Quilt Rack (bottom left)
Item #8: Marble-top Side Table (bottom right)
Beverley Rodgers Whitaker
Lopez Family Descendant
Artifact Donation List
CONTRACT NO. 2364
EXHIBIT "A"
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Item #9: Loveseat
Item #10: Matching chair
Item #11: Bed Headboard
Beverley Rodgers Whitaker
Lopez Family Descendant
Artifact Donation List
CONTRACT NO. 2364
EXHIBIT "A"
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AGENDA REPORT
RECREATION & COMMUNITY SERVICES DEPARTMENT 208 PARK AVENUE, SAN FERNANDO, CA 91340 (818) 898-1290 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☐ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Julio Salcedo, Director of Recreation and Community Services Maria Calleros, Executive Assistant
Date: June 2, 2025
Subject: Consideration to Authorize Submittal of a Grant Application to the California Arts Council for Funding Support of the Mariachi Master Apprentice Program RECOMMENDATION:
It is recommended that the City Council:
a. Authorize the preparation and submittal of a grant application to the California Arts Council (CAC) (Attachment “A”) in the amount of $25,000 to support the Mariachi Master Apprentice Program; and
b. Authorize the City Manager, or designee, to make non-substantive changes and execute all related documents.
BACKGROUND:
1. Since 2001, the City has received grant funds annually from both the National Endowment for the Arts (NEA) and the California Arts Council (CAC) to support the City of San Fernando Mariachi Master Apprentice Program (MMAP). As a recipient of several awards at both the state and national level, MMAP continues to reflect a positive image on the City.
2. On April 2, 2025, the California Arts Council released the grant application for the 2026 program year.
ANALYSIS:
Mariachi Master Apprentice Program (MMAP).
MMAP connects Grammy award-winning mariachi masters with young music students to preserve the mariachi music genre. Mariachi Los Camperos provides instruction on traditional mariachi instruments: violins, guitars, guitarrones, vihuelas, trumpets, and folk harp. The students and instructors experience exemplary artworks at international mariachi conferences June 2, 2025 CC Special & Regular Mtg Page 179 of 314
Consideration to Authorize Submittal of a Grant Application to the California Arts Council for Funding Support of the Mariachi Master Apprentice Program
and workshops throughout California and the southwest United States. This experience allows students to observe, study, and perform with the most prestigious mariachi ensembles and represent the City as cultural arts ambassadors.
The curriculum ingrains an empowering sense of self-confidence, pride, and identity while providing an outlet for cultural expression in celebration of Mexican heritage. MMAP specific arts/music education outcomes include: 1) development, reinforcement, and application of student instrumental technique; 2) development, strengthening, and application of student musicianship skills; 3) enhancement of student solo and chorus singing skills; 4) performance of traditional and popular mariachi music before the public and with other professional ensembles; and 5) development and fostering of student professionalism and performance etiquette. These outcomes are in accordance with the California Department of Education Music Standards.
California Arts Council (CAC) Arts and Youth Grant.
The “Arts and Youth” program is rooted in the CAC’s belief that arts learning and engagement should be available to all young people in California. Providing access to meaningful, culturally responsive arts experiences helps youth develop a greater sense of self, deepen their connection to their communities, and make meaningful connections across histories and cultures. By participating in the arts, youth gain the knowledge, skills, and understanding to actively take part in creative processes, projects, and pursuits throughout their lifetimes as culturally literate, engaged citizens.
The CAC acknowledges that barriers to access are compounded by factors such as socio-economic status, geographic isolation, gender identity, racial identity, cultural identity, digital divide and disability and is committed to addressing these barriers in order to achieve greater equity. The Arts and Youth program expands meaningful arts participation and learning in diverse settings and contexts for infants, children, and youth ages 0-25 by prioritizing programs that directly bridge barriers to access and participation.
The CAC supports arts organizations for collaborations between local artist(s) (Mariachi Los Camperos) and community members (MMAP) to develop and express their own creative and artistic goals and address a community-defined need.
The City was awarded a CAC Impact Project Grant in the amount of $16,203 for Fiscal Year (FY) 2024-2025 that will run through September 30, 2025. Usually, the CAC grant program requires a dollar-for-dollar match with non-state funds. Historically, the City has matched the CAC awards with General Funds and Federal NEA funds. Although the Impact Project Grant does not have a match requirement, staff recommends that the City continue supporting the MMAP with the annual allocation to the program through the Budget process.
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Consideration to Authorize Submittal of a Grant Application to the California Arts Council for Funding Support of the Mariachi Master Apprentice Program
BUDGET IMPACT:
Sources of MMAP Funding.
The proposed Budget for MMAP in FY 2025-2026 is approximately $130,000. The NEA grant provides funding to support 31% of all program costs, while the CAC grant supports 19% of the cost. The Source of MMAP funding table lists all funding sources for the program.
The grant disbursement timeline for the CAC will be for the FY 2025-2026 (Grant Activity Period October 1, 2025 – September 30, 2026).
CONCLUSION:
It is recommended that the City Council authorize staff to prepare and submit a grant application to the California Arts Council, and Authorize the City Manager, or designee, to make non-substantive changes and execute all related documents.
ATTACHMENT:
A. CAC Arts and Youth Grant: Application Information and Calendar Source of MMAP Funding
NEA Grant $40,000 31%
CAC - State $25,000 19%
Donations/Honorariums $15,000 12%
City of San Fernando $12,000 9%
In Kind $38,000 29%
Total Project Budget $130,000 100%
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ATTACHMENT “A”
Arts and Youth
Background & Purpose
The Arts and Youth program is rooted in the CAC’s belief that arts learning and engagement should be available to all young people in California. Providing access to meaningful, culturally responsive arts experiences helps youth develop a greater sense of self, deepen their connection to their communities, and make meaningful connections across histories and cultures. By participating in the arts, youth gain the knowledge, skills, and understanding to actively take part in creative processes, projects, and pursuits throughout their lifetimes as culturally literate, engaged citizens.
The CAC acknowledges that barriers to access are compounded by factors such as socio-economic status, geographic isolation, gender identity, racial identity, cultural identity, digital divide and disability and is committed to addressing these barriers in order to achieve greater equity. The Arts and Youth program expands meaningful arts participation and learning in diverse settings and contexts for infants, children, and youth ages 0-25 by prioritizing programs that directly bridge barriers to access and participation.
Eligible Request Amounts
Applicant organizations can request up to $25,000 for a nine-month grant activity period Matching Funds
Matching funds are not required for this grant.
Program Timeline
Application Opens April 2, 2025
Application Deadline June 5, 2025, 11:59 p.m.
Panel Review Approx. July – August 2025
Funding Decision Approx. September 2025
Funding Notification Approx. September 2025
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ATTACHMENT “A”
Grant Activity Starts October 1, 2025
Estimated Arrival of Funds Approx. January-March 2026
Grant Activity Ends September 30, 2026
Final Report Deadline October 30, 2026
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AGENDA REPORT
ADMINISTRATION DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1202 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☐ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Erica Melton, Director of Administrative Services
Sergio Ibarra, Human Resources & Risk Manager
Date: June 2, 2025
Subject: A Public Hearing to Present the Status of Staff Vacancies and Recruitment and Retention Efforts as Required by Assembly Bill 2561
RECOMMENDATION:
It is recommended that the City Council:
a. Conduct a public hearing regarding the status of vacancies and recruitment and retention efforts in accordance with Government Code Section 3502.3; and b. Pending public testimony, receive and file City’s Position Vacancy and Recruitment and Retention Efforts Report for Fiscal Year (FY) 2024-2025.
BACKGROUND:
1. On September 22, 2024, Governor Gavin Newsom signed Assembly Bill 2561 (AB 2561) into law, adding a section to the Meyers-Milias-Brown Act (“Meyers-Milias Act”) that creates a new obligation for public agencies to publicly address the status of their vacant job positions and their recruitment and retention efforts.
2. On January 1, 2025, AB 2561 went into effect, and added Section 3502.3 to the Government Code (Code), mandating public agencies to hold at least one (1) public hearing per fiscal year, and before adopting the final budget, to discuss the City’s workforce vacancies and recruitment and retention efforts.
3. On May 22, 2025, the City published a Public Hearing notice on the City’s intent to present information regarding the status of staff vacancies and recruitment and retention efforts as required by Government Code Section 3502.3, which is required to be heard by the City Council at least once per Fiscal Year.
4. On May 27, 2025, the City’s recognized employee labor units were provided notice of the public hearing.
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ANALYSIS:
In 2024, California Legislature enacted AB 2561 to address widespread vacancies, which negatively impact the delivery of public service by requiring employees to take on heavier workloads, resulting in burnout and increased turnover. AB 2561 went into effect as of January 1, 2025, and added Section 3502.3 to the Code. This Code requires all local public agencies to hold an annual public hearing prior to the governing board adopting an annual or multi-year budget and employee organizations for each bargaining unit are entitled to present on the topics noted above during the course of the public hearing. In compliance with the new legal requirements, the City is required to:
1. Monitor and track job vacancies; and
2. Conduct a public hearing before the governing body.
During the public hearing, the City must:
a) Identify any existing policies, procedures, or recruitment activities that present obstacles in the hiring process, and propose necessary changes to address them; b) Allow a bargaining unit representative of a recognized employee organization to present at the public hearing; and
c) Adhere to additional reporting requirements if the vacancy rate for any bargaining unit is greater than 20%.
Authorized Positions and Status of Vacancies.
There are currently 150.42 authorized full-time positions included in the City’s Fiscal Year (FY) 2024-2025 Adopted Budget. The positions are distributed amongst the City’s six (6) bargaining units and the remainder in an unrepresented unit. The vacancy reports for each are stated below:
Bargaining Unit Authorized
Positions
Current
Vacancies
Vacancy
Rate (%)
San Fernando Management Group (SFMG) 8.00 1.00 12.50%
San Fernando Police Civilians’ Association (SFPCA) 19.00 1.00 5.01% San Fernando Employee Association (SFPEA) 49.00 4.00 12.24% San Fernando Part-Time Employees (SFPEBU) 26.42 1.38 5.42% San Fernando Police Officers’ Association (SFPOA) 32.00 3.00 9.38% San Fernando Police Mgmt. Unit (SFPOA-PMU) 2.00 1.00 50.00%* Unrepresented Employees (City Manager,
Department Heads & Confidential Employees) 14.00 0.00 0.00% CITYWIDE TOTALS: 150.42 11.38 8.90%
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The above table illustrates the vacancy rate across all bargaining units across all units except SFPOA-PMU was significantly below the 20% AB 2561 additional reporting threshold with the Citywide vacancy rate at 8.90%.
Additional Reporting Requirements: San Fernando Police Mgmt. Unit (SFPOA-PMU).
Per AB 2561, if the number of job vacancies within a single bargaining unit equaled or exceeded 20% of the total authorized full-time positions, the public agency would be required (upon request by the recognized employee organization) to include additional information during the annual public hearing. SFPOA-PMU has a total of two (2) authorized positions, so with one (1) vacancy there is currently a 50% vacancy rate. The additional data required under AB 2561 is as follows:
• The total number of job vacancies within the affected bargaining unit: 1 • The total number of applicants for those vacant positions: 7 • The average number of days it takes to complete the hiring process from the date a position is posted: 60 – 90 days
• Identified opportunities to improve compensation and overall working conditions:
The City Council approved the current SFPOA-PMU contract in August 2025, which covers the period of January 2024 – June 2028 and provides for Cost of Living Adjustment (COLA) increase each year as follows:
• January 2024: 4%
• July 2025: 4%
• July 2026: 5%
• July 2027: 4%
The Police Department anticipates filling the vacancy in the near future. Staff does not recommend any changes to the benefits and compensation package for the Police Commander classification.
Citywide Recruitment and Retention Efforts.
Compensation and Benefits
To maintain competitiveness in employee recruitment, the City Council has adopted multi-year contracts for the various labor units. Over the current and next fiscal year, the Memorandum of Understanding (MOU) Cost of Living increases are as follows:
Bargaining Unit 2024 - 2025 2025 - 2026
San Fernando Management Group (SFMG) 4% - July 1
4% - Jan 1 5%
San Fernando Police Civilians’ Association (SFPCA) 5% 5% San Fernando Employee Association (SFPEA) 3% 3%
San Fernando Part-Time Employees (SFPEBU) CA State Min Wage CA State Min Wage San Fernando Police Officers’ Association (SFPOA) 4% 5% June 2, 2025 CC Special & Regular Mtg Page 189 of 314
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San Fernando Police Mgmt. Unit (SFPOA-PMU) 4% 5%
Unrepresented Employees (City Manager,
Department Heads & Confidential Employees) Varies Varies Through the City’s collective bargaining process, the employee groups received COLA increases which support the City’s recruitment and retention strategy by providing competitive employee compensation and benefits. Additionally, in 2025, the City adopted the Paid Parental Leave policy for full time employees.
Retention Efforts
Human Resources staff recently worked with the Police Department to adopt a new job classification of Police Corporal to create a career ladder for Public Safety employees.
The City is continuing to invest in employees’ career and personal development and growth by re-establishing and growing its employee training program, which includes providing funds for employee to join professional organization and attend offsite training conferences. The city also offers an Employee Assistance Program which provides support to employees and their family to access counseling services when needed. Additionally, alternative work schedules, which promote a work/life balance, are available for many positions in the City. Lastly, the City provides an annual employee celebration event that recognizes employees’ longevity, and individual and team efforts accomplishments.
Outreach and Selection Process
Position vacancies are posted on the City’s official website and on various social media, making them easily accessible to prospective applicants. To further broaden outreach, the City utilizes industry-specific job boards and targeted mailing lists when appropriate, ensuring vacancies reach candidates with the relevant skills and experience, and education. In addition to these platforms, the City posts notices on LinkedIn.
The City actively maintains a presence on professional networking sites such as Municipal Management Association of Southern California (MMASC), and other social media channels to enhance visibility and attract top talent. These platforms strategically promote open positions, share insights and highlight the City’s work.
Hiring Obstacles
AB 2561 requires that the City identify necessary changes to policies, procedures, and recruitment activities that may lead to hiring obstacles. Staff has not identified any necessary changes to policies, procedures, or recruitment activities that may present obstacles in the hiring process. Following the financial software upgrade which includes human resources programs, staff will be continuing to evaluate opportunities to improve efficiencies, including online recruitment platforms, to streamline the recruitment process.
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BUDGET IMPACT:
There is no budget impact on the FY 2024-2025 Adopted Budget to receive and file this status report. Sufficient funding is included in current year and in the Proposed FY 2025-2026 for discussed recruitment efforts.
CONCLUSION:
Staff recommends that the City Council conduct a public hearing, pending testimony, receive and file the FY 2024-2025 Status of Vacancies, Recruitment and Retention Efforts as required by Government Code Section 3502.3.
ATTACHMENT:
A. Assembly Bill 2561 – as added as Section 3502.3 to the Government Code, relating to public employment
June 2, 2025 CC Special & Regular Mtg Page 191 of 314
SHARE THIS: Date Published: 09/23/2024 09:00 PM
AB-2561 Local public employees: vacant positions. (2023-2024) Assembly Bill No. 2561
CHAPTER 409
An act to add Section 3502.3 to the Government Code, relating to public employment. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ]
LEGISLATIVE COUNSELʹS DIGEST
AB 2561, McKinnor. Local public employees: vacant positions.
Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and to consider fully presentations that are made by the employee organization on behalf of its members before arriving at a determination of policy or course of action.
This bill would, as specified, require a public agency to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the bill would require the public agency, upon request of the recognized employee organization, to include specified information during the public hearing. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include related legislative findings.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Text - AB-2561 Local public employees: vacant positions. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20... 1 of 2 4/22/2025, 9:09 AM
ATTACHMENT "A"
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THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) Job vacancies in local government are a widespread and significant problem for the public sector affecting occupations across wage levels and educational requirements. (b) High job vacancies impact public service delivery and the workers who are forced to handle heavier workloads, with understaffing leading to burnout and increased turnover that further exacerbate staffing challenges.
(c) There is a statewide interest in ensuring that public agency operations are appropriately staffed and that high vacancy rates do not undermine public employee labor relations.
SEC. 2. Section 3502.3 is added to the Government Code, to read:
3502.3. (a) (1) A public agency shall present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year. (2) If the governing board will be adopting an annual or multiyear budget during the fiscal year, the presentation shall be made prior to the adoption of the final budget. (3) During the hearing, the public agency shall identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process. (b) The recognized employee organization for a bargaining unit shall be entitled to make a presentation at the public hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.
(c) If the number of job vacancies within a single bargaining unit meets or exceeds 20 percent of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of the following information during the public hearing:
(1) The total number of job vacancies within the bargaining unit. (2) The total number of applicants for vacant positions within the bargaining unit. (3) The average number of days to complete the hiring process from when a position is posted. (4) Opportunities to improve compensation and other working conditions. (d) This section shall not prevent the governing board from holding additional public hearings about vacancies. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(f) For purposes of this section, “recognized employee organization” has the same meaning as defined in subdivision (a) of Section 3501.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 3502.3 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the California Constitution, to ensure that information concerning public agency employment is available to the public.
SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.
Bill Text - AB-2561 Local public employees: vacant positions. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20... 2 of 2 4/22/2025, 9:09 AM
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AGENDA REPORT
PUBLIC WORKS DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1222 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Wendell Johnson, Director of Public Works
Isabella Tapia, Interim Management Analyst
Date: June 2, 2025
Subject: Discussion and Consideration to Award a Professional Services Contract with Plansman Inc. for Design Services for the Downtown Trash Enclosure Project RECOMMENDATION:
It is recommended that the City Council:
a. Award a Professional Services Contract to Plansman Inc. (Attachment “A”- Contract No. 2365) in an amount not to exceed $60,000 for design services for the Downtown Trash Enclosure Project; and
b. Authorize the City Manager, or designee, to make non- substantive changes and execute the contract and all related documents.
BACKGROUND:
1. On December 7, 2020, then Vice Mayor Hector A. Pacheco placed an item on the agenda related to citywide maintenance standards and trash services. After discussion, the City Council directed staff to draft a report for the City Council’s consideration to use Measure W funds toward a capital improvement project to construct new trash enclosures and other waste management improvements in the Downtown Mall area.
2. At the January 19, 2021 City Council meeting, staff provided information on waste management improvements in the Downtown Mall area as part of Agenda Item No. 7 – Presentation and Discussion Regarding Solid Waste Franchise Services. Staff indicated that the City was working to engage a consultant to assist with developing recommendations to improve the waste management system in the Downtown Mall area.
3. In March 2021, American Trash Management (ATM) was awarded a Professional Services Agreement (Contract No. 2138) to provide engineering and design services for the San Fernando Mall Trash Management Project. ATM was engaged to develop a framework of a June 2, 2025 CC Special & Regular Mtg Page 197 of 314
Discussion and Consideration to Award a Professional Services Contract with Plansman Inc. for Design Services for the Downtown Trash Enclosure Project
trash plan for the downtown business district; analyze waste, recycling and compost needs of downtown merchants; provide a list of possible equipment needs; and develop a related cost analysis.
4. In August 2021, staff received preliminary options from ATM and met with individual Councilmembers to provide updates. Proposed solutions included upgrading or replacing existing enclosures and implementing a porter system – a full-service trash pick-up daily from inside of each mall business and transport it to an off-site facility, eliminating the need for City-owned enclosures. However, costs exceeded available Measure W funding at the time, and additional direction was given to refine the solutions and cost analysis.
5. In 2022, the City embarked on the Downtown Master Plan process to serve as a critical and important guide for future actions concerning change in Downtown San Fernando. This process had a significant community engagement component and staff recommended incorporating the preliminary information provided by ATM into the Downtown Master Plan process due to the potential significant impact on businesses and property owners in the Downtown Mall area.
6. On April 2, 2024, then Mayor Celeste Rodriguez placed an item on the agenda to repair and enhance trash enclosures to support community beautification. After discussion, the City Council directed staff to move forward with using Measure W funds to repair trash enclosures and return to the City Council with a project design and cost estimates.
7. On October 7, 2024, staff presented to the City Council recommendations for improving the trash enclosures within the Downtown Mall area. The City Council directed staff to bring back options and costs related to enhancing and retrofitting the existing trash enclosures. During this time, staff also engaged with the San Fernando Mall Association’s Safe and Clean Committee, gathering input through presentations and a Zoom meeting.
8. On January 21, 2025, staff presented to the City Council recommendations for how to improve the trash enclosures within the Downtown Mall area. The City Council directed staff to proceed with the demolition of two (2) enclosures and renovation of the remaining three (3) enclosures in the alleys behind the stores on north of San Fernando Road.
9. On March 6, 2025, the City posted the Request for Proposals (RFP) for Design Services for the Downtown Trash Enclosure Renovation Project on the City Website and in the San Fernando Sun.
10. On April 8, 2025, two (2) proposals were received from Plansman Inc. and Rafael Franco and Associates, Inc.
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Discussion and Consideration to Award a Professional Services Contract with Plansman Inc. for Design Services for the Downtown Trash Enclosure Project
ANALYSIS:
Trash enclosures in a downtown pedestrian mall retail center is a crucial part of an overall waste management system and offer several important benefits, including improved aesthetics by keeping waste out of sight, better odor and pest control, and a cleaner, more inviting environment for shoppers and visitors. Waste enclosures support local businesses by enhancing the customer experience and promoting a hygienic, well-maintained setting. They also help ensure compliance with health and sanitation regulations, reduce illegal dumping, and protect stormwater systems by preventing debris from entering drains. Additionally, centralized waste areas improve collection efficiency for sanitation crews, making overall operations smoother and more cost-effective.
The purpose of the Downtown Trash Enclosure Project1 is to upgrade the existing system of dilapidated and unsightly trash enclosures in the Downtown area and replace them with a centralized enclosure that incorporates design features that are standard in modern waste management systems. Specifically, the Project will demolish the existing enclosures in the alley between San Fernando Road and Truman Street are reconstruct three (3) trash enclosures that are equipped with a roof and metal gates. The surrounding area, including adjacent Americans with Disabilities Act (ADA) paths, parking lot landscaping, signing and striping, will also be modified. Additionally, sewer and electricity lines will be constructed to provide for the safe runoff of water and to have lighting inside the enclosure.
On April 8, 2024, the City received two (2) proposals for Design Services for the Downtown Trash Enclosure Renovation Project. The following table summarizes the submittals received for the project:
Company City Amount
Plansman Inc. Rancho Santa Margarita, Orange County $ 49,900 Rafael Franco & Associates Studio City, Los Angeles $ 70,000 A selection committee made up of qualified Public Works staff was convened to review submitted proposals. The evaluation consisted of assessing qualification and experience, including expertise and an understanding of the community and cultural knowledge; project approach with clear and detailed project timelines and schedules; qualifications, experience, composition and accessibility of the project team; and completeness and competitiveness of proposed pricing.
On May 1, 2025 and May 6, 2025, the selection committee interviewed the two (2) firms. The selection committee unanimously concluded Plansman Inc. was the most qualified for design project based on their clear understanding of the scope of work and previous experience of 1 This Project encompasses the five (5) trash enclosures located in the two (2) alleys north of San Fernando Road.
Three (3) in Public Lot 4 and two (2) in Public Lot 5.
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working on municipal Public Works projects. Plansman Inc. demonstrated a good understanding of the vision portrayed in the original conceptual plan, and a willingness to engage with community engagement.
Project Timeline.
Referenced below is a brief overview of the project schedule for the final design and construction of the project:
Project Milestones Date
Award Design Contract (Plansman Inc.) June 2025
Preliminary Design Prepared July 2025
Mall Businesses Engagement on Design August 2025
City Council Design Approval September 2025
Award Construction Contract November 2025
Complete Contract Spring 2026
Project Maintenance- City (Public Works) After Spring 2026 The original scope of work included one community engagement meeting, with an option to add a second meeting at an additional cost. Staff recommends including the optional second community engagement to ensure a more well-rounded and inclusive process. The two community meetings are:
• Meeting with Mall Businesses – Included in the original RFP • City Council meeting to approve final design – Optional additional meeting BUDGET:
The current fund allocation for the Downtown Trash Enclosure Renovation Project is $500,000.
These funds will be pulled from the City’s Measure W fund.
The following table summarizes the status of the project funding and proposed expenditures:
PROJECT FUNDING
Fund Account Number Current Allocation
Measure W 023-3110-0000 $ 500,000
Total Sources $ 500,000
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Discussion and Consideration to Award a Professional Services Contract with Plansman Inc. for Design Services for the Downtown Trash Enclosure Project
PROPOSED EXPENDITURES
Activity Account Number Cost
Design 023-341-6556-4600 $ 49,900
Optional Design Work (Community Engagement) 023-341-6556-4600 $ 1,700 Design Contingency (14%) 023-341-6556-4600 $ 8,400
Total Design Cost: $ 60,000
Construction 023-341-6556-4600 $ 355,000
Construction Contingency (10%) 023-341-6556-4600 $ 35,500 Total Construction Cost: $ 390,500
Total Uses: $ 450,500
CONCLUSION:
It is recommended that the City Council approve Contract No. 2365 to Plansman Inc. for design services in an amount not-to-exceed $60,000 and authorize the City Manager to make non-substantive changes and execute the agreement and any related documents.
ATTACHMENTS:
A. Contract No. 2365, including:
Exhibit “A” – City RFP
Exhibit “B” – Plansman Inc. Proposal
Exhibit “C” – Fee Estimate
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ATTACHMENT “A”
CONTRACT NO. 2365
2025
PROFESSIONAL SERVICES AGREEMENT
(Parties: Plansman Inc. and City of San Fernando)
(Engagement: Design Services for Downtown Trash Enclosure Renovation Project)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 2nd day of June, 2025 (hereinafter, the “Effective Date”) by and between the CITY OF SAN FERNANDO, a municipal corporation (hereinafter, “CITY”) and PLANSMAN INC. (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires design services for the Downtown Trash Enclosure Renovation Project; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such tasks and services to CITY; and WHEREAS, the execution of this Agreement was approved by the San Fernando City Council at its Regular Meeting of June 2, 2025, under Agenda Item No. 10; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 SCOPE OF WORK: Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the tasks and services described in that certain Request for Proposals of CITY entitled “REQUEST FOR PROPOSALS FOR DESIGN SERVICES FOR THE DOWNTOWN TRASH ENCLOSURE RENOVATION PROJECT” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “CITY OF SAN FERNANDO DESIGN SERVICES FOR THE DOWNTOWN TRASH ENCLOSURE RENOVATION PROJECT” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B”, respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions June 2, 2025 CC Special & Regular Mtg Page 202 of 314
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of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.2 PROSECUTION OF WORK:
A. Time is of the essence for this Agreement and each and every provision contained herein. The Work shall be commenced within ten (10); calendar days of CITY’s issuance of a written notice to proceed (“Notice to Proceed”). CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before June 30, 2026 (the “Completion Date”). CONSULTANT may submit a written request for additional time to complete the Work, which request must be submitted to the CITY no later than fifteen (15) calendar days prior to the Completion Date or any extended Completion Date granted by CITY. The written request for additional time must identify (i) what specific tasks or services remain to be completed by CONSULTANT in order to complete the Work; (ii) how much additional time CONSULTANT requires; (iii) identification of the circumstances that have caused the need for additional time, according to CONSULTANT, including, if applicable, identification of any tasks that must be completed by CITY as prerequisite to CONSULTANT being able to complete any other service or task; and (iv) what proactive steps CONSULTANT has taken up to the date of the request to mitigate the need for additional time, including, if applicable, any effort on the part of CONSULTANT to alert CITY of the need to provide information or complete certain tasks to be performed by CITY. CITY in its sole and absolute discretion may grant, deny, or conditionally grant a request for additional time, provided that no individual grant of additional time may exceed a maximum of fifteen (15) calendar days.
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents.
C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner.
D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner.
E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees.
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F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “PROPOSED FEE ESTIMATE” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, may not exceed the aggregate sum of SIXTY THOUSAND ($60,000) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work are completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Services, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks June 2, 2025 CC Special & Regular Mtg Page 204 of 314
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and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs, or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates City Manager and City Engineer (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or the City Representative’s designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or the City Representative’s designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Lance Higgins (PA), Project Manager to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or Consultant Representative’s designee will supervise and direct the performance of the Work, using his/her best skill and attention, and will be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF WORK; CONFORMANCE WITH REQUIREMENTS: CONSULTANT agrees to work closely with CITY staff in the performance of the Services and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or his or her designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges, and agrees to the following:
A. CONSULTANT will perform all Work skillfully, consistent with and adhering to its professional standard of care, that is, the degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative; June 2, 2025 CC Special & Regular Mtg Page 205 of 314
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C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state, and local laws and regulations, including the conflict of interest provisions of Government Code §1090 and the Political Reform Act (Government Code §§81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection CONSULTANT’s performance of the Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training, and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications, and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications, and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants.
Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and, notwithstanding Section 5.2(B), will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand, and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge, and experience necessary to perform the Work under the standard of care as articulated under section 2.4(A).
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2.5 ASSIGNMENT: The skills, training, knowledge, and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement, or the performance of any of CONSULTANT’s duties or obligations under this Agreement, without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY. The key personnel for performance of this Agreement are as follows: Lea Reis, PE, QSD/QSP, Project Manager/ Construction Manager.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision.
CONSULTANT will determine the means, methods, and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services and tasks does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control.
CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors performing the Work under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any June 2, 2025 CC Special & Regular Mtg Page 207 of 314
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compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state, or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S. Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand, and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments, or subdivisions of CITY. CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Before commencing the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
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A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: For any owned, non-owned, or hired vehicles used in connection with the performance of this Agreement, CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
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3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers. Any insurance or selfinsurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss.
CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands, and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is a material consideration of this Agreement. Accordingly, CONSULTANT warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage required under this Article on ACORD-25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. Before commencing the Work, CONSULTANT shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY’s written request, CONSULTANT will also provide CITY with copies of all required insurance policies and endorsements.
3.7 The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section 3 (Insurance) of the CITY RFP.
3.8 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.9 SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.
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IV.
INDEMNIFICATION
4.1 CITY’s elected and appointed officials, officers, employees, agents, and volunteers (hereinafter, the “ City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, June 2, 2025 CC Special & Regular Mtg Page 211 of 314
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officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONTRACTOR’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability.
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WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense, and costs not otherwise subject to subsection 4.2, above.
CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and authorized volunteers.
CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
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The duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the following Events of Defaults within the following time periods:
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i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; and/or (v) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing June 2, 2025 CC Special & Regular Mtg Page 215 of 314
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notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
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G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data.
CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement.
CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
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6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., §§3789 et seq. and the California False Claims Act, Government Code §§12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
Plansman Inc.
Attn: Lance Higgins, Founder and
Principal Architect
31442 Santa Maegarita Pkway,
Suite A-208
Rancho Santa Margarita, CA, 92688
Email: [email protected]
Phone: 949.939.4433
City of San Fernando
Public Works/ Engineering Department
Attn: Wendell Johnson, Director of Public
Works
117 N. Macneil,
San Fernando, CA 91340
Phone: (818) 898- 1222
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate, or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects worked upon by CONSULTANT.
6.8 CONFLICTS OF INTEREST:
A. CONSULTANT warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid, nor has it agreed to pay, any company or person, June 2, 2025 CC Special & Regular Mtg Page 218 of 314
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other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
B. CONSULTANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSULTANT in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code §81000 et seq.
C. CONSULTANT shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of CITY shall have any financial interest in this Agreement that would violate Government Code §§1090 et seq. CONSULTANT warrants and represents that no owner, principal, partner, officer, or employee of CONSULTANT is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONSULTANT was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONSULTANT warrants that any such individuals did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSULTANT will be required to reimburse the CITY for any sums paid to CONSULTANT.
CONSULTANT understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
June 2, 2025 CC Special & Regular Mtg Page 219 of 314
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2365
Design Services for Downtown Trash Enclosure Renovation Project
4/2025
PSA – Deliverables
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.
6.20 FORCE MAJEURE: The Completion Date for completing the Work may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City June 2, 2025 CC Special & Regular Mtg Page 220 of 314
PROFESSIONAL SERVICES AGREEMENT CONTRACT NO. 2365
Design Services for Downtown Trash Enclosure Renovation Project
4/2025
PSA – Deliverables
Representative shall ascertain the facts and the extent of delay and extend the time for performing the services and tasks for the period of the enforced delay when and if in the judgment of the CITY Representative such delay is justified. The CITY Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF SAN FERNANDO: PLANSMAN INC.:
By: By:
Nick Kimball, City Manager
Name:
Date:
Title:
APPROVED AS TO FORM Date:
By:
Richard Padilla, City Attorney
Date:
June 2, 2025 CC Special & Regular Mtg Page 221 of 314
City of San Fernando Design Services RFP
REQUEST FOR PROPOSALS
The Public Works Department is Requesting Proposalsfor:
Design Services for
The Downtown Trash Enclosure Renovation Project
RELEASE DATE: March 6, 2025
RESPONSE DUE: April 8, 2025
CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 222 of 314
REQUEST FOR PROPOSALS
NOTICE IS HEREBY GIVEN that the City of San Fernando invites proposals from qualified consulting firms to provide the City with design services for the Downtown Trash Enclosure Renovation Project.
The City will receive such proposals at the City Clerk’s Office, 117 Macneil Street, San Fernando, California, 91340, UP TO THE HOUR OF 2:00 PM on Tuesday, April 8, 2025.
It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of San Fernando prior to this proposal due date and time. Proposals received after the due date and time will not be considered. Proposals shall be mailed, handdelivered or sent by courier service and shall NOT be sent via email or fax.
The City reserves the right to withdraw the RFP at any time without prior notice. In addition, the City reserves the right to reject any and all proposals without indicating any reasons for such rejection.
Furthermore, the City makes no representations that the project will be awarded to any respondent to the RFP.
Proposals shall be submitted in a sealed package and clearly marked with the following information, formatted as follows:
The proposal package shall include three (3) hard copies and one (1) electronic copy on a flash drive of the Consultant's proposal, including the fee proposal. Any bidder may withdraw their proposal, without obligation, at any time prior to the scheduled closing time for receipt of proposals. A withdrawal will not be effective unless made personally or by telephonic notification received prior to the closing date.
In strict accordance with the Request for Proposals on file in the office of the SAN FERNANDO CITY CLERK’S OFFICE, 117 Macneil Street, San Fernando, California, 91340. Copies of specifications and proposal documents may be obtained from the City’s website at SFCITY.ORG/rfps-rfqs-nibs-nois/.
By: /s/ Julia Fritz, City Clerk
PROPOSAL FOR:
DESIGN SERVICES FOR THE DOWNTOWN TRASH ENCLOSURE RENOVATION PROJECT
IN THE CITY OF SAN FERNANDO
CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 223 of 314
SECTION ONE: BACKGROUND AND DESCRIPTION
Background
The City of San Fernando was incorporated in 1911 and is currently organized according to the City Council/City Manager form of government with six departments, including a Police Department, Public Works Department, and Recreation and Community Services Department. The City employs approximately 150 full-time employees and an additional 50 part-time and seasonal employees with a total Adopted Budget for fiscal year 2024-2025 of $51.7 million, which includes a General Fund budget of $26.2 million. The City seeks to provide outstanding public services to its citizens and local businesses with long-term fiscal stability in mind.
The City believes that the open competition for services and products provides the City with the best results for its public dollars. The City is interested in receiving responsive and competitive proposals from experienced and qualified firms to provide design and construction support. What follows is a description of the technical environment, contractor staffing, qualifications, and performance expectations.
SECTION TWO: SCOPE OF SERVICES
1. Project Description:
The City of San Fernando is seeking proposals from qualified design firms to provide architectural and engineering design services for the proposed renovation/construction of three (3) municipal trash enclosures at San Fernando Mall.
Parking Lot No. 4
1. Enclosure 1 (Small Enclosure), located in the southwest corner of Parking Lot No. 4, south of Truman St., between Maclay Ave. and Brand Blvd. This enclosure is to be renovated or demolished and a new structure built in its place.
2. Enclosure 2 (Large Enclosure), located along the south side of Parking Lot No. 4 halfway between the two small enclosures, south of Truman St., between Maclay Ave. and Brand Blvd. This enclosure is to be renovated or demolished and a new structure built in its place.
3. Enclosure 3 (Small Enclosure), located in the southeast corner of Parking Lot No. 4, south of Truman St., between Maclay Ave. and Brand Blvd. This enclosure is to be demolished.
Parking Lot No. 5
1. Enclosure 1 (Small Enclosure), located in the southwest corner of Parking Lot No. 5, south of Truman St., between Maclay Ave. and San Fernando Mission Blvd. This enclosure is to be demolished.
2. Enclosure 2 (Large Enclosure), located in the southeast corner of Parking Lot No. 5, south of Truman St., between Maclay Ave. and San Fernando Mission Blvd. This enclosure is to be renovated or demolished and a new structure built in its place.
CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 224 of 314
The approximate size of the existing large enclosures is 14 ft. x 20 ft. and the approximate size of the small enclosures is 6 ft. x 12 ft.
The renovated or new enclosures are to have water spigots, backflow preventers, floor drains, which will drain to the sanitary sewers, lights and electrical outlets.
The enclosures are to have a roof, metal gates, and be architecturally pleasing, complementing the architectural theme of the San Fernando Mall. Each large enclosure will house 4 – 3 cubic yard bins.
The small enclosure will house 2 – 3 cubic yard bins. The design should be such that it complies with ADA requirements, provides deterrent to illegal trash dumping and security for staff using the enclosure, ease of graffiti control and general maintenance. The design will need to take into account any needed modifications to adjacent parking lots, ADA paths, affected parking lot landscape areas, signing and striping. It will also need to provide temporary parking lot parking arrangements during construction, traffic control plans and plans for temporary arrangements for trash bin placement and trash pickup during construction
The enclosures will be designed to support city waste management operations while ensuring compliance with local zoning, aesthetic, and environmental standards.
The firm selected is expected to provide the design services on time, at or under budget and to the City’s expected standard of quality, scope and function. The preliminary construction cost estimate for this project is $500,000.
2. Scope of Services
The selected firm will provide planning, design, and construction support services for the Downtown Trash Enclosure Renovation Project, including but not limited to:
A. Site Evaluation & Planning
• Conduct site visits to assess topography, drainage, utilities, and space constraints. • Confirm enclosure size and placement based on city waste collection needs. • Ensure accessibility for waste collection trucks and compliance with ADA requirements. • As needed, provide assistance and support for public hearings or city planning reviews (if required). Assume two (2) public hearings will be held.
B. Conceptual and Final Design
• Develop two to three conceptual designs for city review. • Incorporate materials and finishes that align with city aesthetics and durability needs. • Provide 70%, 90% and 100% design construction drawings. • Provide electrical, water and sewer connection design. • Coordinate with SCE for electrical connection. Coordinate with city staff for water and sewer connections.
• Provide structural design (concrete, masonry, or metal) and calculations.
CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 225 of 314
• Provide for drainage and stormwater management considerations and plans. • Provide for enclosure security features (gates, locks, lighting). • Provide for parking lot and landscaped area plans of affected areas. • Provide parking lot striping plans of parking lot affected areas. • Provide temporary traffic control plans.
• Provide for temporary placement of trash bins and pickup during construction. • Comply with zoning, fire codes, and environmental standards. • Provide project specifications at 90% and 100% design. City to provide boiler plate/front end portion of specs.
C. Cost Estimation and Value Engineering
• Provide cost estimates at 70%, 90% and 100% design.
• Recommend value-engineering options to maintain quality within budget.
D. Permitting and Regulatory Compliance
• Assist in securing necessary local, state, and environmental permits. • Submit for San Fernando Building Dept. plan check and obtained approved plans ready to bid.
E. Bidding Support
• As needed, assist the city in answering contractors’ questions. • As needed, assist the city in issuing addendums to the plans and specifications. • As needed, assist the city in answering contractors’ protests. • As needed, assist in reviewing contractor bids and provide recommendations.
F. Construction Support
• Assist as needed with reviewing and answering RFI’s.
• Assist as needed with reviewing submittals and shop drawings. • Assist as needed with questions regarding design, plans and construction related issues. • As needed conduct site visits.
• Assist as needed with evaluation, cost analysis and preparation of construction change order. • Assist as needed with reviewing invoices and quantities. • Assist as needed with potential claims.
• As needed participate in final inspection and project closeout. • Upon completion of construction prepare a complete set of as-built plans showing all deviations from the original plans.
The work shall comply with the requirements of all of the following without limitation, and shall apply to this RFP and any subsequent contract as though incorporated herein by reference:
1. Federal laws
2. State laws
3. Local laws
4. Rules and regulations of governing utility districts
5. Rules and regulations of other authorities with jurisdiction over the procurement of products CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 226 of 314
The Consultant shall comply with all insurance requirements of the City of San Fernando, included in the sample professional services agreement (Appendix “A”).
SECTION THREE: INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in this RFP. Prospective proposers are encouraged to review the City’s provided plans and photos. In addition, the City will provide all documentation specifically referred to herein.
PROPOSER RESPONSIBILITIES
Point of Contact: The selected consultant will assume responsibility for all services in its proposal on behalf of the entire project team. The selected consultant shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment for services rendered for this project.
B. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarification shall be made in writing via e-mail to Isabella Tapia (contact information as noted in Section 4.B of this RFP) by or before the “Deadline for Requests for Information” date noted in Section 3.I of this RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated in Section 3.C.
C. ADDENDA
Any changes in this RFP from the date of release to date of submittal of proposals will result in an addendum or amendment. Notification of such addendum or amendment will be made available to all prospective proposers by email notification and posted to the City’s website.
D. PRE-PROPOSAL MEETING
A pre-proposal meeting will not be held.
E. CITY’S RIGHT TO REJECT
The City of San Fernando reserves the right to reject any or all submitted proposals, and no representation is made that any contract will be awarded pursuant to the Request for Proposal.
All costs incurred in the preparation of the proposal, in the submission of additional information, CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 227 of 314
and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the respondent. The City of San Fernando will provide all documentation specifically referred to herein and will not be responsible for any other cost or obligation that may be incurred by the respondent. All proposals submitted to the City of San Fernando shall become the property of the City.
F. PROTESTS
Bid Protests shall be in accordance with San Fernando Municipal Code Section 2-830.
G. AWARD SCHEDULE
Release RFP March 6, 2025
Deadline to submit questions March 25, 2025
Responses to RFP questions released March 31, 2025
Deadline to submit proposals Tuesday, April 8, 2025 @ 2:00 PM Interviews (if necessary) April 2025
Consultant selection/ Council award May 5, 2025
Kick-off meeting May 21, 2025 (Tentative)
Design 2 months
City Reviews/Building Department Reviews 2 months
SECTION FOUR: SUBMITTAL REQUIREMENTS
A. GENERAL
Number of Proposal Copies and signature: Three (3) original hard copies signed by a company official with power to bind the company and one (1) digital copy on a flash drive shall be submitted to the City.
B. Deadline: Proposals are due to the City of San Fernando no later than 2:00 p.m. on Tuesday, April 8, 2025.
C. Proposal Submittal: The Consultant must submit three (3) originals hard copies of the proposal and one (1) digital copy on a flash drive by 2:00 p.m., Tuesday, April 8, 2025, to:
City of San Fernando
City Clerk’s Office
117 Macneil Street,
San Fernando, California, 91340
CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 228 of 314
Proposal shall be enclosed and marked clearly with the following information and formatted as follows:
Proposals shall be mailed, hand-delivered or sent by courier service and shall NOT be sent via email or fax. Late proposals will not be accepted.
Questions regarding this Request for Proposals or requests for additional background information may be emailed to Isabella Tapia at [email protected], or call at (818) 898- 1240, no later than 5:00 p.m. on Tuesday, March 25, 2025.
D. Proposal Contents
A responsive proposal shall contain the following information in the order listed:
1. Introductory Letter (1 – 2 pages)
The letter shall be on Consultant letterhead and include the Consultant’s contact name, mailing address, telephone number, facsimile number, and email address.
The letter will address the Consultant’s understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.
The letter shall be wet-signed in blue ink by the individual authorized to bind the Consultant to the proposal.
2. Executive Summary (1 – 2 pages)
Provide executive summary.
3. Consultant Information, Qualifications and Experience (5 pages max.) The City of San Fernando will only consider submittals from Consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects within the past five (5) years which include the following information:
1. Contracting agency
2. Contracting agency Project Manager
PROPOSAL FOR:
DESIGN SERVICES FOR THE DOWNTOWN TRASH ENCLOSURE RENOVATION PROJECT
IN THE CITY OF SAN FERNANDO
CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 229 of 314
3. Contracting agency contact information
4. Contract amount
5. Funding source
6. Date of contract
7. Date of completion
8. Consultant Project Manager and contact information
9. Project Objective
10. Project Description
11. Project Outcome
4. Organization and Approach (5 pages max.)
1. Describe the roles and organization of your proposed team for this project.
Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this project.
2. Describe your project and management approach. Provide a detailed description of how the team and scope of services will be managed.
3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience for the Project’s Scope of Services, as well as the length of employment with the proposing Consultant. Key members, especially the Project Manager, shall have significant demonstrated experience with this type of project, and should be committed to stay with the project for the duration of the project.
4. Project organizational chart.
5. Description of anticipated challenges and mitigation strategies.
5. Scope of Services
The proposal shall include a Scope of Services, which details the consultant’s approach towards completing the project, work phases, the tasks to be accomplished and the deliverables to be provided, based upon the requested Scope of Services included in this RFP.
6. QA/QC Plan (1 – 2 pages)
Provide QA/QC plan to ensure quality control for the duration of the project which shall include maintaining organization and communication over the entire project team and cost.
7. Work Schedule
Provide the proposed project schedule with approximate timelines for each task and key milestones dates. The design duration shall not be more than two (2) months, excluding City reviews and Building Department plan checks. However, if this schedule does not provide sufficient time to complete requested services, in a manner that achieves City approvals, the consultant shall include in its CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 230 of 314
proposal the schedule it needs to complete the services. The City will consider the proposed schedule in their review and evaluation of the consultant proposals.
8. Conflict of Interest Statement
The proposing Consultant shall disclose any financial, business or other relationship with the City of San Fernando that may have an impact upon the outcome of the contract or the construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract or the construction project that will follow. The proposing Consultant shall disclose any financial interest or relationship with any construction company that might submit a bid on the construction project.
9. Litigation
Indicate if the proposing Consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.
10. Contract Agreement
a. Indicate if the proposing Consultant has any issues or needed changes to the proposed contract agreement included as Appendix “A.”
b. The Consultant shall provide a brief statement affirming that the proposal terms shall remain in effect, for ninety (90) days following the date proposal submittals are due.
11. Cost Proposal
The fee proposal shall include a competitive fee that outlines the hours to complete the Scope of Services by task, along with personnel to be involved in the project; with the number of hours by personnel to be assigned by task and hourly rate. Provide estimated reimbursable expenses.
The consultant performs the services stated in the contract for an agreed amount as full compensation, including a net fee or profit SECTION FIVE: PROPOSAL REVIEW
A. EVALUATION AND RATING
The criteria for evaluating the proposals submitted will consider the following items and be weighted as shown:
• Understanding of project goals and objectives 25%
• Experience with similar projects 30%
• Qualifications of project team members techniques 25% • Cost Proposal 10%
CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 231 of 314
• Reference and past performance 10%
The City will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers.
Following the evaluation of the proposals, fee negotiations may begin with the highest-ranked proposer. Should negotiations fail or result in a fee that the City does not consider fair and reasonable based on an independent cost estimate completed for this project by the city, negotiations will be formally terminated, and the City will then open the fee proposal of the second highest-ranked proposer and subsequently undertake negotiations with said proposer.
If negotiations with the second highest-ranked proposer are not successful, the City will open the fee proposal and undertake negotiations with the third highest-ranked proposer, and so on, until the fee is determined to be fair and reasonable by the City and in line with the independent cost estimate.
B. SELECTION AND INTERVIEWS
The City may conduct interviews with the three top-ranked proposers. The City will recommend the award of the project to the proposer who will best suit the City’s needs for this project. The City reserves the right to begin negotiations and enter into an agreement without interviews or further discussions.
SECTION SIX: AWARD OF PROJECT
Following the evaluation and rating of the proposals by the proposal review committee, the Director of Public Works will recommend to the City Council award of the project to the proposer providing the best quality and value to the City. A purchase order will then be issued to the selected firm.
SECTION SEVEN: IMPLEMENTATION
A. NOTICE TO PROCEED
A formal written Notice to Proceed (NTP) will be issued to the successful consultant after City Council award, contract execution and the purchase order has been issued. Before a purchase order can be issued, the consultant’s insurance must be approved by the City and the consultant must obtain business license (if not already acquired).
B. KICK-OFF MEETING
The successful consultant will be required to attend the pre-construction meeting along with City staff and other project stakeholdersto discuss the specifics of the project, schedule, etc.
CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 232 of 314
SECTION EIGHT: PUBLIC RECORDS
All responses to the RFP shall become the property of the City of San Fernando and proposals will become public record after the award of the project. Proposer information identified as proprietary information shall be maintained confidential to the extent allowed under the California Public Records Act.
CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 233 of 314
Appendix “A”
Sample Professional Services Agreement
CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 234 of 314
CONTRACT NO. XXXX
2025
PROFESSIONAL SERVICES AGREEMENT
DESIGN SERVICES FOR THE DOWNTOWN TRASH ENCLOSURE RENOVATION PROJECT (CONSULTANT)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this day of , 2025 (hereinafter, the “Effective Date”) by and between the CITY OF SAN FERNANDO, a municipal corporation (hereinafter, “CITY”) and CONSULTANT, (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires construction management, inspection, labor compliance and material testing services; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and WHEREAS, the execution of this Agreement was approved by the San Fernando City Council at its Regular Meeting of , 2025 under Agenda Item No. .
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 SCOPE OF WORK:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of the CITY entitled “REQUEST FOR PROPOSALS: Design Services for the Municipal Trash Enclosure Renovation Project”, (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “Proposal for- Design Services for the Municipal Trash Enclosure Renovation Project”, (hereinafter, the “CONSULTANT Proposal”) dated DATE OF PROPOSAL. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B”
CONTRACT NO. 2365
EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 235 of 314
PROFESSIONAL SERVICES AGREEMENT
Design Services
CONTRACT NO. XXXX
respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.2 PROSECUTION OF WORK:
A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY’s issuance of a Notice to Proceed. CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before COMPLETION DATE (the “Completion Date”);
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with “Cost Proposal” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT WRITTEN AMOUNT ($ INSERT NUMBER) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not-toExceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expendituresin excess of the NotCONTRACT NO. 2365 EXHIBIT "A"
June 2, 2025 CC Special & Regular Mtg Page 236 of 314
PROFESSIONAL SERVICES AGREEMENT
Design Services
CONTRACT NO. XXXX
to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for allservices performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.5 PREVAILING WAGES: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wagesin effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY CONTRACT NO. 2365
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immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designatesINSERT CONSULTANT REPRESENTATIVE, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS: CONSULTANT agreesto work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES:
CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and CONTRACT NO. 2365
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subject to the approval of the CITY’s authorized representative; C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.
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2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision.
CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
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2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 FEDERAL PROVISIONS: When funding for the Services is provided, in whole or in part, by an agency of the federal government, CONSULTANT shall also fully and adequately comply with the provisions included in Exhibit “C” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
2.11 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.12 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT underthis Agreement oris otherwise expressly conferred by CITY in writing.
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III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article.
CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no lessthan One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad asInsurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & OmissionsInsurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than CONTRACT NO. 2365
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A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratingsthan those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or selfinsurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss.
CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in itssole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so asto avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES: CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law.
CONSULTANT acknowledgesthat CITY would not enterinto this Agreementin the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY asset forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act orsimilar act. CONSULTANT expressly waivesitsstatutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations CONTRACT NO. 2365
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from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
4.8 Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless underthissubsection shall not encompass a duty to indemnity, defend or hold harmlessfor liability, loss,suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.
4.9 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
4.10 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the CONTRACT NO. 2365
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obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers.
4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteersfrom and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind CONTRACT NO. 2365
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prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party failsto cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of CONTRACT NO. 2365
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Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation,service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure orregulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute CONTRACT NO. 2365
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a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
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VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data.
CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure aslegally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement.
CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
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CONSULTANT: CITY:
INSERT CONSULTANT NAME
INSERT ADDRESS
Attn: INSERT CONTACT NAME
Phone: INSERT PHONE NUMBER
City of San Fernando
117 Macneil Street
San Fernando, CA 91340
Attn: Public Works
Phone: (818) 898-1222
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the CONTRACT NO. 2365
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Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, CONTRACT NO. 2365
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whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.
6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
SIGNATURES ON NEXT PAGE
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF SAN FERNANDO CONSULTANT NAME:
By: By: _____________
Nick Kimball, City Manager
Name:
Date:
Title:
APPROVED AS TO FORM Date: ____________
By:
Richard Padilla, Assistant City Attorney
Date:
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- ~-
City of San
Fernando
AprS,2025
Design Services for
Downtown Trash
Enclosure Renovation
Project
Presented by Lance Higgins , Principal Architect
PLANSMAN INC.
31441 Santa Margarita Pkwy, Suite A-208
Rancho Santa Margarita; CA 92688
[email protected]
(949) 939-4433
.. 0
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April 8, 2025
Isabella Tapia
City of San Fernando
City Clerk’s Office
117 Macneil Street,
San Fernando, California, 91340
SUBJECT: DESIGN SERVICES FOR THE DOWNTOWN TRASH ENCLOSURE RENOVATION
PROJECT IN THE CITY OF SAN FERNANDO
Dear Ms. Tapia,
Plansman Inc. is pleased to present this proposal to the City of San Fernando (City) to provide Design and Engineering Services for the successful completion of the Downtown Trash Enclosure Renovation Project.
Our proposed team consists of individuals with extensive experience successfully delivering projects with the following similar improvements:
▪ Commercial T.I.s
▪ Residential New Construction
▪ Remodels
▪ Utility plans
▪ Structural Engineering
We appreciate the opportunity to present our qualifications and approach toward delivering this project on time and within budget. As an experienced and reliable architectural and civil engineering firm, the Plansman, Inc. team offers the following benefits to the City:
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▪ Strong leadership for a successful project delivery. Plansman has many remodel designs that were delivered to completion.
▪ Keen Design Eye. Our professionals have years of experience taking client ideas and bringing them to fruition.
We look forward to working with the City on the successful delivery of this project. Please feel free to contact me at (949) 939-4433 or [email protected] should you have any questions or require additional information.
Respectfully submitted,
Plansman, Inc.
Lance Higgins
Architect
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02 EXECUTIVE SUMMARY
Plansman is an architectural firm with 20 years of design experience.
Subconsultant, Lea Reis PE has over 30 years of civil engineering experience.
Plansman.com, an innovative architectural firm, is pleased to present our proposal for the design of three trash enclosure structures in the City of San Fernando. Our firm specializes in creating functional, sustainable, and aesthetically appealing architectural solutions tailored to the needs of urban environments.
In response to the City of San Fernando’s request, we are excited to offer unique designs that prioritize both practicality and visual harmony within the community. The proposed trash enclosures will be designed with durable materials, efficient waste management in mind, and integration into the existing urban landscape. We understand that there is a construction budget of $500,000 and will maintain this cost estimate in our design. Each design will consider the city’s specific zoning and environmental requirements, as well as design vision, ensuring compliance with all local regulations and sustainability goals.
Plansman.com is committed to delivering high-quality, cost-effective architectural solutions that enhance the city's infrastructure while promoting a cleaner and more organized public space. Our team is confident that our innovative approach will not only meet but exceed the expectations of the City of San Fernando and its residents.
We look forward to the opportunity to contribute to the city's development and work collaboratively with municipal stakeholders to bring this project to fruition.
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
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03 QUALIFICATIONS AND EXPERIENCE
Plansman has over 20 years of experience designing exquisite homes and delivering unique and luxury homes. Plansman is partnering with Lea Reis, PE, who has worked in delivering projects to public agencies for over 30 years.
Plansman.com is a well-established architectural firm known for delivering high-quality, innovative design solutions tailored to meet the unique needs of urban environments. The architectural and engineering partnership will bring a wealth of experience in both public and private sector projects, specializing in infrastructure design, urban planning, and sustainable architecture.
Key Qualifications:
⧫ Expertise in Architectural Design
Our team has extensive experience designing various types of urban infrastructure, including waste management systems, facilities, and residential buildings. We are adept at creating functional, aesthetically pleasing, and efficient designs that serve the needs of the community. We will focus on delivering the San Fernando Mall Style trash enclosures the City desires.
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
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⧫ Sustainability Focus
Plansman.com incorporates sustainable design principles into every project, ensuring that our designs not only meet local regulations but also contribute to environmental preservation and energy efficiency.
We prioritize using eco-friendly materials and energy-efficient solutions.
⧫ Compliance with Local Regulations
Our firm is well-versed in the zoning codes, environmental regulations, and building codes specific to the City of San Fernando and similar urban areas. We ensure all designs comply with local policies and standards.
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
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⧫ Proven Track Record
Over the years, Plansman.com has successfully completed numerous projects that enhance the urban landscape. From waste management systems to large-scale civic developments, our portfolio reflects our ability to deliver on time, within budget, and to the highest standards.
Relevant Experience
⧫ Public Infrastructure Projects
Lea Reis, PE, has worked on projects such as the Pasadena Police Department Renovation, Woodlake Park Beautification Design, Eastview Dog Park Design/Build in Rancho Palos Verdes, and more. ⧫ Collaboration with Municipalities
Plansman.com and Lea Reis have a proven history of collaborating with local governments, city planners, and stakeholders to deliver public works projects that meet the needs of both residents and officials. We understand the importance of clear communication, transparency, and timely delivery.
⧫ Community-Centric Designs
Our designs reflect a deep understanding of the communities we serve, ensuring that each project enhances the local environment while promoting safety, accessibility, and sustainability. We are aware of the City of San Fernando’s vision for San Fernando Mall Style architecture.
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
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Plansman.com is fully equipped to manage the design and development of the three trash enclosure structures in the City of San Fernando, bringing both technical expertise and creative solutions to the project. We are confident in our ability to deliver high-quality designs that meet the city’s needs and exceed its expectations. 04 ORGANIZATION AND APPROACH
1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this project.
● For the successful execution of this project, the proposed team will consist of a mix of in-house experts and a
selected sub consultant specializing in a specific area of expertise required to meet the project’s goals. Our team will be organized based on core competencies, ensuring
efficiency, quality, and timely delivery.
● Here is a breakdown of the team structure and roles:
● Plansman, Inc. has a small staff who will focus on the City’s goals as it pertains to the trash enclosures. Refer to resume for project experience.
● Subconsultant-Lea Reis PE, is a sole proprietor and will develop the civil plans. Refer to resume for project
experience as it relates to this project.
2. Describe your project and management approach. Provide a detailed description of how the team and scope of services will be managed.
● The Project Manager will be responsible for overseeing the project from start to finish, ensuring that it stays within scope, on time, and within budget. He will lead regular City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
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progress meetings and maintain communication with
stakeholders.
● Regular team meetings will be held to assess progress, resolve any challenges, and ensure the project is on track.
3. The design team, guided by Architect Lance Higgins will survey the existing conditions of the project sites. The team will document existing conditions, determine project constraints, and generate a design solution for each location.
A schematic plan will be developed and presented for approval.
Detailed construction drawings and engineering will be
developed for submittal to the regulatory bodies.
Plan review and corrections will result in the permitting of the approved project.
4. Project organizational chart.
● Project Manager- Lance Higgins
● Architect- Lance Higgins
● Civil Engineer- Lea Reis, PE
5. Description of anticipated challenges and mitigation strategies.
The main challenge of this project will be the 2 months deliverable expectation. In order to mitigate this challenge, our team will make this project a priority to deliver it on time and on budget. The plan is to coordinate as-built research and design concepts concurrently so that the final design and plans will be completed in the second month.
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
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05 SCOPE OF SERVICES
Our firm will provide planning, design, and construction support services for the Downtown Trash Enclosure Renovation Project, including but not limited to:
A. Site Evaluation and Planning
⧫ Conduct site visits to assess topography, drainage, utilities, and space constraints.
⧫ Confirm enclosure size and placement based on city waste collection needs.
⧫ Ensure accessibility for waste collection trucks and
compliance with ADA requirements.
⧫ As needed, provide assistance and support for public
hearings or city planning reviews (if required). Assume two (2) public hearings will be held.
B. Conceptual and Final Design
⧫ Develop two to three conceptual designs for city review. ⧫ Incorporate materials and finishes that align with city aesthetics and durability needs.
⧫ Provide 70%, 90% and 100% design construction drawings. ⧫ Provide electrical, water and sewer connection design. ⧫ Coordinate with SCE for electrical connection. Coordinate with city staff for water and sewer connections.
⧫ Provide structural design (concrete, masonry, or metal) and calculations.
⧫ Provide for drainage and stormwater management
considerations and plans.
⧫ Provide for enclosure security features (gates, locks, lighting).
⧫ Provide for parking lot and landscaped area plans of affected areas.
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
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⧫ Provide parking lot striping plans of parking lot affected areas.
⧫ Provide temporary traffic control plans.
⧫ Provide for temporary placement of trash bins and pickup during construction.
⧫ Comply with zoning, fire codes, and environmental standards. ⧫ Provide project specifications at 90% and 100% design. City to provide boiler plate/front end portion of specs.
C. Cost Estimation and Value Engineering
⧫ Provide cost estimates at 70%, and 100% design.
⧫ Recommend value-engineering options to maintain quality within budget.
D. Permitting and Regulatory Compliance
⧫ Assist in securing necessary local, state, and environmental permits.
⧫ Submit for San Fernando Building Dept. plan check and obtained approved plans ready to bid.
E. Bidding Support
⧫ As needed, assist the city in answering contractors’
questions.
⧫ As needed, assist the city in issuing addendums to the plans and specifications.
⧫ As needed, assist the city in answering contractors’ protests. ⧫ As needed, assist in reviewing contractor bids and provide recommendations.
F. Construction Support
⧫ Assist as needed with reviewing nd answering RFI’s.
⧫ Assist as needed with reviewing submittals and shop
drawings.
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
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⧫ Assist as needed with questions regarding design, plans and construction related issues.
⧫ As needed conduct site visits.
⧫ Assist as needed with evaluation, cost analysis and
preparation of construction change order.
⧫ Assist as needed with reviewing invoices and quantities. ⧫ Assist as needed with potential claims.
⧫ As needed participate in final inspection and project closeout. ⧫ Upon completion of construction prepare a complete set of as-built plans showing all deviations from the original plans.
The work shall comply with the requirements of all of the following without limitation, and shall apply to this RFP and any subsequent contract as though incorporated herein by reference:
1. Federal laws
2. State laws
3. Local laws
4. Rules and regulations of governing utility districts
5. Rules and regulations of other authorities with
jurisdiction over the procurement of products
Our firm shall comply with all insurance requirements of the City of San Fernando, included in the sample professional services agreement.
06 QA/QC
Our firm will ensure that the quality control for the duration of the project will be maintained in an organized
Our initial goal will be to receive approval of the initial concept plan before proceeding with the final plan.
City of San Fernando
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Our team will then maintain a weekly meeting with the updated schedule to ensure that the design is on schedule and within budget.
The engineering team will review all utility plans to reduce the risk of unforeseen conditions during construction.
The team will provide a constructability review at the final phase, and the engineer’s estimate to ensure the construction is within the allotted $500,000 budget.
07 WORK SCHEDULE
Our firm is aware that the City requests the design to be complete within 2 months. It is our intention to produce the complete set within 2 months, with 100% plans provided within 2 weeks of final approval of 90% planset.
Week 1-4: Concept Plan
Week 2-4: Civil and Site Plan and Specs- 30%
Week 4-6: Architectural and Structural Plans and Tech Specs- 30% Civil and Site Plan and Specs- 60%
Week 6-8: Architectural and Structural Plans and Tech Specs- 60% Civil and Site Plan and Specs- 90%
Week 8-10: FINAL PLANS AND SPECS FOR CONSTRUCTION
08 CONFLICT OF INTEREST STATEMENT
OUR FIRM HAS NO CONFLICTS OF INTEREST AT THIS TIME
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
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09 LITIGATION
OUR FIRM HAS NO ONGOING LITIGATION AT THIS TIME
10 CONTRACT AGREEMENT
OUR FIRM HAS NO EXCEPTIONS TO THE PROPOSED AGREEMENT
11 COST PROPOSAL
1-00 On-Site Consultation $900.00
● Kick off meeting with City of San Fernando and
● Physical visit of project site
2-00 Conceptual Design $15,000
● Produce (2-3) design concepts based on the direction of the City of San Fernando
● Includes initial layout, as well as (2) major layout revision for each option.
● Includes unlimited minor modifications to the layout
selected.
● Preliminary build estimate with anticipated budget
3-00 Construction Documents (subject to change based on final design) $34,000 Documents to be produced by Principal Architect - Lance Higgins
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● Produce the following plans of the project:
○ Site plan
○ Floor plan
○ Utility plans and civil plans - By subconsultant- Lea Reis PE ($9,000)
○ Exterior elevations
○ Foundation plan
○ Framing plan
○ Architectural & structural details
● Deliver digital review to City of San Fernando
● Provide comprehensive estimate for build and interior finishes Total Price for Services: $49,900
Payments are to be made to Plansman Inc. Payments are due within 30 days once deliverables are provided. Late payments are subject to late fees of 3% per month. Any payments made to Contractor are subject to the schedule set forth below and shall be made out by check to Plansman Inc.
Payment Schedule:
● Payment #1 - 33% @ On-site Consultation
● Payment #2 - 33% Acceptance of Concept Plan
● Payment #3 - 33% Delivery of 100% Construction Documents Deliverables
● Electronically transmitted drawing files in .pdf format for printing and use by City of San Fernando
Exclusions
● Title 24 energy analysis report
● Engineering services outside of what is described above, including but not limited to plans and calculations of any required consultations and/or engineers such as: soils, survey, landscape, fire sprinkler, electrical, mechanical, plumbing, structural, or others.
● In-person reviews after initial review from the architect or visits to jurisdictional agencies (can be provide for a consultation fee)
● Any and all fees required to pull permit, including local business licenses
● Additional visits to project site from the architect (can be City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
CONTRACT NO. 2365
EXHIBIT "B"
June 2, 2025 CC Special & Regular Mtg Page 269 of 314
provided for an additional site consultation fee)
● Costs of reprographics services, printing, scannings, shipping, etc. (if any costs are incurred, the owner will reimburse Contractor + 15%). Owner will be notified prior to ordering any services.
● Any permitting of existing conditions previously constructed or that are presently under construction without jurisdictional agency approval, unless specifically stated above.
● Formal stamped and signed letters.
Additional Services (To be billed at $220.00 per hour)
● Any work required that is above and beyond the project as described above is considered an additional service. Additional services will be charged at the hourly rate listed above.
The above proposal is valid for 90 days when it expires if not signed. PlansMan Inc. agrees to perform the services described above in accordance with generally accepted architectural standards, and with no additional guarantees. The total liability of the architect for any breach of this agreement or any claim related to goods or services furnished by the architect under the agreement shall in no event exceed the amount paid to the architect by the client as indicated in this contract.
Either the City of San Fernando or PlansMan Inc. have the right to terminate this contract at any time without justification. This contract terminates immediately when the client ceases to communicate for a period of longer than 3 months. If the contract is terminated for any reason prior the completion of all services, compensation is to be provided based on Contractor’s and PlansMan Inc.’s assessment of the percentage of completion of work, or agreed upon.
Construction of any kind is not to commence prior to acquiring all required approvals by jurisdictional agencies.
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
CONTRACT NO. 2365
EXHIBIT "B"
June 2, 2025 CC Special & Regular Mtg Page 270 of 314
APPENDIX 1 - RESUMES
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
CONTRACT NO. 2365
EXHIBIT "B"
June 2, 2025 CC Special & Regular Mtg Page 271 of 314
Lance Higgins
California Licensed Architect | Founder of PLANSMAN INC.
[email protected] | 949.939.4433 | www.plansman.com
PROFESSIONAL SUMMARY
A highly skilled and innovative California-licensed architect with over 10 years of experience in both civic and commercial projects. Successfully founded and operated PLANSMAN INC., overseeing a wide range of projects from residential remodels to large-scale commercial tenant improvements. Expertise includes architectural design, project management, feasibility studies, permitting processes, and client relations. Proven ability to deliver successful outcomes in complex environments with a focus on quality, functionality, and cost efficiency.
EDUCATION
B.Arch, California State Polytechnic University, Pomona (Cal Poly Pomona) Graduated: 2014
LICENSE & CERTIFICATIONS
California Licensed Architect
License Number: C-35814
License Year: 2015
PROFESSIONAL EXPERIENCE
PLANSMAN INC.
Founder & Principal Architect
2015 – 2025
● Founded and managed PLANSMAN INC., overseeing a variety of projects across Southern California.
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EXHIBIT "B"
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● Delivered hundreds of projects including commercial tenant improvements, residential remodels, and commercial feasibility studies.
● Managed all aspects of the architectural process, from conceptual design to project completion, ensuring compliance with local building codes and regulations. ● Developed relationships with contractors, clients, and government entities to facilitate efficient permitting and project approvals.
● Led the design, documentation, and permitting of a wide range of projects, ensuring timely completion and client satisfaction.
Key Achievements:
● Completed numerous successful projects in Southern California, consistently meeting or exceeding client expectations.
● Specializing in Commercial Tenant Improvements, enhancing retail and office spaces to optimize functionality and design.
● Provided in-depth commercial feasibility studies that helped clients make informed decisions on investments and renovations.
RUHNAU CLARKE ARCHITECTS
Architect
2006 – 2016
● Worked on various civic and institutional projects for prominent clients including Riverside City, Palm Springs Unified School District, Newport-Mesa Unified School District, Colton Unified School District, and Western Municipal Water District. ● Developed architectural designs, construction documents, and ensured that all projects were in compliance with municipal codes and regulations. ● Collaborated with multidisciplinary teams to deliver comprehensive and effective architectural solutions for civic, educational, and utility clients. ● Provided on-site project oversight and ensured all construction projects adhered to budget, timeline, and design specifications.
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EXHIBIT "B"
June 2, 2025 CC Special & Regular Mtg Page 273 of 314
Key Projects:
● Designed and managed public facilities for Riverside City and Palm Springs Unified School District, enhancing accessibility and sustainability for each building. ● Worked closely with school districts to design educational buildings that met the needs of students, faculty, and the local community.
● Contributed to infrastructure projects for Western Municipal Water District, ensuring compliance with all safety and environmental regulations.
KEY SKILLS
● Architectural Design: Expertise in conceptual design, schematic design, and architectural drafting.
● Project Management: Proven track record in managing large projects, from initial conception through completion.
● Commercial and Residential Design: Specialized in tenant improvements, residential remodels, and feasibility studies.
● Building Codes & Permitting: In-depth knowledge of local building codes, zoning laws, and permitting processes.
● Client Relations: Strong ability to build and maintain client relationships, providing superior service and high-quality results.
● Team Collaboration: Skilled in coordinating multidisciplinary teams, ensuring effective communication and project delivery.
SOFTWARE & TECHNOLOGIES
● AutoCAD
● Revit
● SketchUp
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EXHIBIT "B"
June 2, 2025 CC Special & Regular Mtg Page 274 of 314
● Adobe Creative Suite (Photoshop, Illustrator, InDesign) ● Microsoft Office Suite (Word, Excel, PowerPoint)
SELECT PROJECTS & ACHIEVEMENTS
● Riverside City: Led design development for municipal office spaces, ensuring compliance with accessibility and sustainability standards. ○ District Master Plan
● Palm Springs Unified School District: Worked on several school building projects, optimizing layouts for educational environments.
○ Painted Hills Middle School
○ Cielo Vista Elementary School
○ PSUSD District Operations Center
○ PSUSD District Service Center
○ District Master Plan
● Newport-Mesa Unified School District: Developed detailed construction documentation for new classrooms and administrative buildings. ○ Costa Mesa High School Athletic Facility
● Western Municipal Water District: Designed and managed the renovation of office and utility buildings, improving efficiency and workflow.
○ Water District Operations Center
○ Lake Matthew’s Fire Station
PROFESSIONAL AFFILIATIONS
● American Institute of Architects (AIA), Member
● California Architects Board, Registered Architect
REFERENCES
Available upon request.
CONTRACT NO. 2365
EXHIBIT "B"
June 2, 2025 CC Special & Regular Mtg Page 275 of 314
Lea Reis, P.E.
Civil Engineer
Lea Reis, P.E.
1028 Kornblum Ave
Torrance, CA 90503
310.480.1782
[email protected]
ㅡ
Background Lea is a registered civil engineer with over 20 years of experience in the public and private sectors, managing public and private projects for various cities throughout Southern California. Her career has given her valuable insight into the successful delivery of projects, from design through construction. Projects include roadway rehabilitation and traffic signals; water, sewer, and storm drain systems; buildings and facilities; and community parks. She is well versed in ADA improvements and compliance, Caltrans and Greenbook standards and specifications, and constructability valuation. Her experience as Public Works Director has provided her with valuable knowledge in city street maintenance and operations, engineering policies and procedures to deliver successful projects on schedule and within budget.
ㅡ
Experience
Ardurra Group / Senior Civil Engineer
February 2024 - Present, EL SEGUNDO, CA
Managed various projects throughout her term with Ardurra Group. See the attached project list for project details.
City of Lawndale / Public Works Director/City Engineer
June 2023 - February 2024, LAWNDALE, CA
Manages and directs a staff of 16 in the Public Works Department in the City of Lawndale. Includes street maintenance and operations, engineering CIP Projects, grant procurement and system administration.
Interwest Group / Senior Civil Engineer
February 2022 - February 2023, IRVINE, CA
Managed various projects throughout her term with Interwest. See the attached project list for project details.
KOA Corp / Senior Civil Engineer
August 2016 - February 2022, LOS ANGELES
Managed various projects throughout her term with KOA. See the attached project list for project details.
City of Torrance/ Associate Engineer
August 1999 - August 2016, TORRANCE
Managed various projects throughout her term with the City. See the attached project list for project details.
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EXHIBIT "B"
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ㅡ
Education NYIT / MBA
July 2005 - October 2006, ONLINE
USC / BS Aerospace Engineering
September 1989 - June 1993, LOS ANGELES
ㅡ
License Professional Civil Engineer, CA | 85395
QSD/QSP
CONTRACT NO. 2365
EXHIBIT "B"
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Lea Reis, PE, QSD/QSP
Project Manager/Construction Manager
PROJECT SPECIFIC EXPERIENCE
Interwest Group Senior Engineer | City of Woodlake, CA
As Senior Engineer, Lea assists the Design group with the civil engineering portion of the Naranjo Park Beautification Project. She coordinated with the Public Works Department to initiate discussions and correspondence with the project managers and design Team. She set up design plans and coordinated with staff to complete drawings for the traffic engineering and architecture group.
Client: City of Woodlake– Emmanuel Llamas, Community Development Director, (559) 942-1881 Interwest Group Senior Engineer | City of Compton, CA
As Senior Engineer acting as City Engineer, Lea assisted the Public Works Department in coordinating discussions and correspondences with the designers, construction managers, and project managers of ongoing Capital Improvement Projects. These projects include but are not limited to the Wilmington Blvd Rehabilitation Project, Compton Blvd HSIP, Alondra Park Project, Artesia Great Boulevard Project for the City of Long Beach, and many more. Completion Date: October 2022. Client: City of Compton– John Strickland, Public Works, Project Manager, (310) 605-5505
Ardurra Construction Manager | City of Redondo Beach, CA Lea provided construction management for the Manhattan Beach Blvd Rehabilitation Project Project. The work included ADA curb ramp installation, sidewalk and driveway repairs, pavement milling and overlay, and installation of signing, striping, and markings. Her responsibilities included but was not limited to design revision coordination between the City and contractor, processing RFIs and change orders, managing project budget, progress payments and supervising construction inspectors. Project Cost: $4.4 M. Completion Date: May 2025.
Client: City of Redondo Beach– Daniel Gruezo, Public Works, Civil Engineer, (310) 318-0661 Ardurra Construction Manager | City of Palmdale, CA
Lea provides project/construction management for the Palmdale Emergency Operations Center Design-Build Project. The work included soliciting an RFP for the Design-Build project, writing the project staff report for the contract award, updating grant funding reports, coordinating the design phase between the City and the architect and managing construction concurrently. Project Cost: $4.9 M. Completion Date: June 2026.
Client: City of Palmdale– Cory Hicks, Public Works, Civil Engineer, 661-267-5272 Ardurra Construction Manager | City of Huntington Beach, CA Lea provided construction management for the Edinger Avenue Sewer Upgrade Project. The work included the upgrade of the sewer main along Edinger Street between the railroad on the west and Beach Blvd on the east to accommodate commercial expansion in the area. The project included trenching, shoring, 15” - 18” VCP pipe installation, dewatering, and median and pavement restoration. Her responsibilities included but were not limited to coordination between the City and contractor, processing RFIs and change orders, managing the budget, weekly meetings, and supervising the construction inspection. Project Cost: $3.9 M. Completion Date: January 2025.
Client: City of Huntington Beach– David Fait, Public Works, Construction Manager, 714-536-5431 Ardurra Construction Manager | City of Hawaiian Gardens, CA Lea provided construction management for the Manhattan Beach Blvd Rehabilitation Project Project. The work included ADA curb ramp installation, sidewalk and driveway repairs, pavement milling and overlay, and installation of pedestrian lights, palm tree lights, utility box wraps, signing, striping, and markings. Her responsibilities included but were not limited to design revision coordination between the City and contractor, processing RFIs and change orders, and supervising construction inspectors. Project Cost: $4.9M. Completion Date: May 2025.
Client: City of Hawaiian Gardens– Neema Ghanbari, Public Works, Civil Engineer LEA REIS, PE, QSD/QSP – PUBLIC WORKS DIRECTOR/CITY ENGINEER/SENIOR CIVIL ENGINEER/PROJECT MANAGER PAGE- 1
CONTRACT NO. 2365
EXHIBIT "B"
June 2, 2025 CC Special & Regular Mtg Page 278 of 314
City of Lawndale Public Works Director/CE | City of Lawndale, CA Lea provides supervision and direction for the City of Lawndale Public Works Department. She manages a staff of 16 and oversees the city’s solid waste program, street sweeping program, Street Operations Division, Engineering Division, grant funding procurement and administration, bulky item pickup, graffiti abatement, weed abatement, landscaping, tree maintenance, sidewalk inspection/ramping and grinding program, CIP projects such as the Citywide Bus Pad Improvement Project, FY 22/23 Street Rehabilitation Project, Civic Center Security Camera Upgrades, Park Parking Lot Rehabilitation, and more.
City of Lawndale– Raylette Felton, Human Resources (310) 973-3200 Interwest Group Construction Manager | City of Lawndale, CA Lea provided construction management for the FY 21/22 Street Rehabilitation Project. The work included ADA curb ramp installation, sidewalk and driveway repairs, pavement milling and overlay, and installation of signing, striping, and markings. Her responsibilities included design revision coordination between the City and contractor, processing RFIs and change orders, and supervising construction inspectors. Project Cost: $1.4M. Completion Date: July 2023.
Client: City of Lawndale– Nabi Sidiqi, Public Works, Assistant Engineer, (310) 941-1011 KOA ADA Program Manager | City of Long Beach
Lea assists with the coordination of ADA annual sidewalk and ramp construction programs, developed as a result of the City’s ADA Transition plan. Projects included the annual sidewalk maintenance, annual curb ramp, and the Division Street ramp improvement program. These projects are completed with selected on-call contractors and require the review and advising of regular work orders to keep projects on track.
Completion Date: October 2022.
Client: City of Long Beach– Keith Hoey, Public Works, Assistant City Engineer, (562) 570-6586 KOA Interim Public Works Director | City of Lawndale
Lea acted as Interim Public Works Director in the City of Lawndale at the onset of the Covid 19 lockdown. She coordinated between the Public Works Department and City Manager to navigate unknown policies during this time. She also reviewed plans, signed maps and plans on the City’s behalf, attended meetings as needed for state and federal funding, and provided information to the finance department to assist with the new 5-year General Plan. She provided guidance to employees and served as a source of knowledge to the department staff.
Completion Date: January 2021. Client: City of Lawndale– Nick Petrevski, Public Works, Associate Engineer, (310) 973-3265
KOA Construction Manager | City of Redondo Beach
Lea managed the Citywide Ramp Improvement Project, 2019 Residential Street Rehabilitation Project, Bikeway Improvement Project, and Pier Structure Project, Street Rehabilitation, and Sewer Rehabilitation. Her responsibilities included managing the construction and budget; supervising construction inspectors; reviewing change orders, RFIs, and submittals; tracking contract pay quantities and reviewing contractor invoices; preparing Weekly Statement of Working Days, weekly reports, weekly field meetings, and project close-out. Project Costs over $12,000,000 collectively. Completion Date: February 2022. Client: City of Redondo Beach– Lauren Sablan, Public Works, Senior Engineer, (310) 318-0661
KOA Project Manager| City of Pasadena, CA
As Project Manager, Lea assisted in the coordination of the HVAC and Roof Rehabilitation design and construction for the Jackie Robinson Community Center in the City of Pasadena. The design included the coordination of HVAC installation with the Community Center’s Human Services, and the temporary relocation of staff and service accommodations. Accommodations included showers and health screening during COVID-19 pandemic, senior hot meals program, a computer lab, and youth activities. She coordinated with the Public Works Department/Parks and Recreation to initiate discussions and correspondences with the project managers and design Team.
Completion Date: September 2020. Client: City of Pasadena– Hayden Melbourn, Principal Engineer, LEA REIS, PE, QSD/QSP – PUBLIC WORKS DIRECTOR/CITY ENGINEER/SENIOR CIVIL ENGINEER/PROJECT MANAGER PAGE- 2
CONTRACT NO. 2365
EXHIBIT "B"
June 2, 2025 CC Special & Regular Mtg Page 279 of 314
[email protected] or (626) 744-7345
KOA North La Brea Avenue Street Improvement Project | City of Inglewood Lea provided construction management for the La Brea Avenue Improvement Project. The work included ADA curb ramp installation, sidewalk and driveway repairs, new irrigation and landscaping, construction of stormwater retention bio basins, pavement milling and overlay, and installation of signing, striping, and markings. Her responsibilities included design revision coordination between the City and design engineers, processing RFIs and change orders, and supervising construction inspectors. Project Cost: $4.9M. Completion Date: December 2019.
Client: City of Inglewood– Kenrick Sanderlin, Public Works, Associate Engineer, (310) 412-5685 KOA Glenoaks Blvd Street Resurfacing and Highway Improvement Project | City of San Fernando Lea provided construction management for the federally funded Glenoaks Blvd. Street Resurfacing and Highway Improvement Project. The work included pavement rehabilitation, sidewalk, curb and gutter, and ramp improvements, traffic signal upgrades, new medians, and striping. She managed construction activities, performed project coordination with the City and surrounding businesses, responded to RFIs, reviewed submittals, processed change orders, tracked construction quantities, reviewed monthly progress payments, coordinated project changes requested by residents and approved by the City, managed construction schedules, provided public outreach to coordinate work impacting nearby residents and business, responded to claims, and managed traffic controller inspections with the County of Los Angeles, and change orders. Project Cost: $4.4M. Completion Date:
July 2020. Client: City of San Fernando– Patsy Orozco, Public Works, Associate Engineer, (818) 898-1224 KOA Brookhurst Street Improvements from I-5 to SR-91 | City of Anaheim Lea provided construction management for the Brookhurst Street Improvement Project. The work included a new bike lane, bioswales, pavement rehabilitation, sewer, water and storm drain relocations, traffic signal upgrades, Caltrans sound wall, landscaping, and new street alignment with new sidewalks, curb gutter, and bus stop pad.
She managed construction activities, performed project coordination with the City and Caltrans responded to RFIs, reviewed submittals, processed change orders, tracked construction quantities, reviewed monthly progress payments, coordinated project changes requested by residents and approved by the City, managed construction schedules, provided public outreach to coordinate work impacting nearby residents and business, responded to claims, and managed change orders from the City of Anaheim Water Department for the construction of waterline and abandonment of water services. Project Cost: $7.4M. Completion Date: July 2018. Client: City of San Anaheim– Raul Garcia, Construction Services Manager, (714) 765-5255 KOA North Atlantic Boulevard Traffic Signal Synchronization Project | City of Monterey Park Lea provided construction management for the Atlantic Signal Upgrade Project. The work included the upgrade of traffic signal with new wifi and video detection. She managed construction activities, performed project coordination with the City and surrounding businesses, responded to RFIs, reviewed submittals, processed change orders, tracked construction quantities, reviewed monthly progress payments, coordinated project changes requested by residents and approved by the City, managed construction schedules, provided public outreach to coordinate work impacting nearby residents and business, responded to claims, and managed traffic controller testing for synchronization. Completion Date: August 2018. Client: City of Monterey Park– Patsy Orozco, Public Works, Associate Engineer, (818) 898-1224
KOA Whaley Park Concession Stand Installation | City of Long Beach Lea provided construction management for the Whaley Park Concession Stand Installation project. The work included the installation of a new shipping container concession stand for the Long Beach Little League. She managed the acquisition of the JOC contractor for the installation, work schedule, and coordination with the Little League and park facilities operations staff. She performed project coordination with the City and Parks Staff, responded to RFIs, reviewed submittals, processed change orders, tracked construction progress, reviewed monthly progress payments, and coordinated project changes requested by the City. Project Cost: $380,000.
Completion Date: July 2018. Client: City of Long Beach– Rex Richardson, Construction Services Manager, (562) 570-6383
LEA REIS, PE, QSD/QSP – PUBLIC WORKS DIRECTOR/CITY ENGINEER/SENIOR CIVIL ENGINEER/PROJECT MANAGER PAGE- 3
CONTRACT NO. 2365
EXHIBIT "B"
June 2, 2025 CC Special & Regular Mtg Page 280 of 314
KOA Malibu Canyon Road and Pacific Coast Highway Traffic Signal Upgrade | Private Developer Construction Manager
KOA Eastview Dog Park Design | City of Rancho Palos Verdes Project Manager / Design Engineer
City of Torrance City Employee | Associate Engineer | City of Torrance -1999-2016 ● Palos Verdes Boulevard Rehabilitation – Project Manager ● Torrance Centennial Park Construction- Project Manager ● Torrance Park Rehabilitation- Project Manager
● Wilson Park Parking Lot Rehabilitation- Project Manager ● Historic Pacific Electric Bridge, El Prado- Project Manager ● Sidewalk and Accessibility Improvement Project- CDBG- Project Manager ● Bus Stop Accessibility Improvement Project- CDBG- Project Manager LEA REIS, PE, QSD/QSP – PUBLIC WORKS DIRECTOR/CITY ENGINEER/SENIOR CIVIL ENGINEER/PROJECT MANAGER PAGE- 4
CONTRACT NO. 2365
EXHIBIT "B"
June 2, 2025 CC Special & Regular Mtg Page 281 of 314
09 LITIGATION
OUR FIRM HAS NO ONGOING LITIGATION AT THIS TIME
10 CONTRACT AGREEMENT
OUR FIRM HAS NO EXCEPTIONS TO THE PROPOSED AGREEMENT
11 COST PROPOSAL
100 On-Site Consultation $900.00
● Kick off meeting with City of San Fernando and
● Physical visit of project site
200 Conceptual Design $15,000
● Produce 23 design concepts based on the direction of the City of San Fernando
● Includes initial layout, as well as 2 major layout revision for each option.
● Includes unlimited minor modifications to the layout
selected.
● Preliminary build estimate with anticipated budget
300 Construction Documents (subject to change based on final design) $34,000 Documents to be produced by Principal Architect - Lance Higgins
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
PROPOSED FEE ESTIMATE
CONTRACT NO. 2365
EXHIBIT "C"
June 2, 2025 CC Special & Regular Mtg Page 282 of 314
● Produce the following plans of the project:
○ Site plan
○ Floor plan
○ Utility plans and civil plans - By subconsultant- Lea Reis PE $9,000
○ Exterior elevations
○ Foundation plan
○ Framing plan
○ Architectural & structural details
● Deliver digital review to City of San Fernando
● Provide comprehensive estimate for build and interior finishes Total Price for Services: $49,900
Payments are to be made to Plansman Inc. Payments are due within 30 days once deliverables are provided. Late payments are subject to late fees of 3% per month. Any payments made to Contractor are subject to the schedule set forth below and shall be made out by check to Plansman Inc.
Payment Schedule:
● Payment #1 - 33% @ On-site Consultation
● Payment #2 - 33% Acceptance of Concept Plan
● Payment #3 - 33% Delivery of 100% Construction Documents Deliverables
● Electronically transmitted drawing files in .pdf format for printing and use by City of San Fernando
Exclusions
● Title 24 energy analysis report
● Engineering services outside of what is described above, including but not limited to plans and calculations of any required consultations and/or engineers such as: soils, survey, landscape, fire sprinkler, electrical, mechanical, plumbing, structural, or others.
● In-person reviews after initial review from the architect or visits to jurisdictional agencies (can be provide for a consultation fee)
● Any and all fees required to pull permit, including local business licenses
● Additional visits to project site from the architect (can be City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
CONTRACT NO. 2365
EXHIBIT "C"
June 2, 2025 CC Special & Regular Mtg Page 283 of 314
provided for an additional site consultation fee)
● Costs of reprographics services, printing, scannings, shipping, etc. (if any costs are incurred, the owner will reimburse Contractor + 15%. Owner will be notified prior to ordering any services.
● Any permitting of existing conditions previously constructed or that are presently under construction without jurisdictional agency approval, unless specifically stated above.
● Formal stamped and signed letters.
Additional Services To be billed at $220.00 per hour)
● Any work required that is above and beyond the project as described above is considered an additional service. Additional services will be charged at the hourly rate listed above.
The above proposal is valid for 90 days when it expires if not signed. PlansMan Inc. agrees to perform the services described above in accordance with generally accepted architectural standards, and with no additional guarantees. The total liability of the architect for any breach of this agreement or any claim related to goods or services furnished by the architect under the agreement shall in no event exceed the amount paid to the architect by the client as indicated in this contract.
Either the City of San Fernando or PlansMan Inc. have the right to terminate this contract at any time without justification. This contract terminates immediately when the client ceases to communicate for a period of longer than 3 months. If the contract is terminated for any reason prior the completion of all services, compensation is to be provided based on Contractorʼs and PlansMan Inc.ʼs assessment of the percentage of completion of work, or agreed upon.
Construction of any kind is not to commence prior to acquiring all required approvals by jurisdictional agencies.
City of San Fernando
Design Services For Downtown Trash Enclosure Renovation Project Plansman INC.
CONTRACT NO. 2365
EXHIBIT "C"
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AGENDA REPORT
ADMINISTRATIVE SERVICES DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-7307 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☐ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Erica D. Melton, Director of Administrative Services/City Treasurer
Date: June 2, 2025
Subject: Discussion of Fiscal Year 2025-2026 Budget Study Session No. 2 RECOMMENDATION:
It is recommended that the City Council:
a. Review and discuss the Fiscal Year (FY) 2025-2026 Proposed Budget (Attachment “A”); and b. Provide direction to staff, as appropriate.
BACKGROUND:
1. On February 17, 2025, the City Council received and filed the Annual Comprehensive Financial Report for the fiscal year ending June 30, 2024. Subsequently on March 3, 2025, the City Council received and filed the FY 2024-2025 Mid-Year Budget update and FY 2025-2026 Budget Outlook. This marked the kick-off of the Fiscal Year 2025-2026 Budget Season.
2. On February 24, 2025, the City Council held a Special Study Session to review the 2022-2026 Strategic Goals and discuss Fiscal Year 2025-2026 City Council Priorities.
3. On March 24, 2025, the Director of Administrative Services hosted the biannual Local Transaction Tax Town Hall for the community to receive important information on the City transaction tax proceeds, provide a forum to ask questions to staff and provide feedback and receive information regarding the FY 2025-2026 Budget Calendar.
4. The Director of Administrative Services presented the FY 2025-2026 Budget Calendar to the Education Commission (March 25th), Transportation & Public Safety Commission (April 3rd), Parks, Wellness, and Recreation Commission (April 10th) and Planning and Preservation Commission (April 14th).
5. Throughout April 2025, the City Manager and Director of Administrative Services met with each Department to develop the FY 2025-2026 City Manager’s Proposed Budget, which includes revenues and expenditures for the General Fund, Enterprise Funds, and all Special Revenue Funds.
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Discussion of Fiscal Year 2025-2026 Budget Study Session No. 2
6. On May 5, 2025, the Fiscal Year 2025-2026 Proposed Budget was made available to the City Council, and subsequently posted to the City’s website (SFCITY.ORG/Finance/#FinancialDocuments).
7. On May 13, 2025, an in-person and virtual (YouTube) Proposed Budget Town Hall Meeting was held.
8. On May 19, 2025, the City Council continued the Budget Study Session to the May 27, 2025 Special City Council Meeting.
9. On May 27, 2025, the City Council conducted Budget Study Session No. 1 with presentations from the City Manager’s Office, City Clerk, Administrative Services, Community Development, Recreation & Community Services, Police and Public Works Departments.
10. An additional Budget Study Session is scheduled for June 2, 2025 to continue discussion of the proposed budget for the Community Development, Recreation & Community Services, and Public Works departments.
11. A Public Hearing to adopt the Fiscal Year 2025-2026 Budget is tentatively scheduled for Monday, June 16, 2025, Regular City Council Meeting.
ANALYSIS:
Budget Overview.
The theme of the FY 2025-2026 City Manager’s Proposed Budget is “Prioritizing Financial Stability during Economic Uncertainty.” Due to the forecasted economic uncertainty over the next 12 to 18 months, the FY 2025-2026 Proposed Budget adopts a conservative approach. It holds revenue expectations steady and focused recommended enhancements on one-time investments or ongoing costs that were offset by increased revenue, decreased expenditures, or are essential for maintaining organizational stability and uninterrupted service delivery.
The recommended resources included in the FY 2025-2026 Budget address one (1) or more of the following parameters:
1. Advance or respond to the City Council priorities identified during the Special Study Session on City Council Goals and Priorities in February 2025;
2. Reorganize Department operations to better position each functional area to move City Council Goals and Priorities forward while minimizing the impact on other post-employment benefits;
3. Invest in technology to give staff better tools to work more effectively, streamline workflows, and improve service delivery to move City Council Goals and Priorities forward; and/or
4. Prioritize enhancements that support financial and operational stability during economic uncertainty.
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Discussion of Fiscal Year 2025-2026 Budget Study Session No. 2
City departments submitted enhancement requests totaling $1,057,115 for the FY 2025–2026 budget. Of these, $309,670 is recommended in the Proposed Budget, comprising:
• $88,360 in one-time enhancements
• $221,310 in on-going enhancements
More detailed information on approved enhancements is included in the “Recommended Enhancements” section of proposed budget document and Attachment “B”.
Overall, the General Fund has a budget surplus of approximately $149,340, indicating that total revenues exceed total expenditures. More information regarding the FY 2024-2025 Proposed General Fund Budget will be provided during the scheduled Budget Study Sessions.
Measure A and Measure SF.
In June 2013, San Fernando voters approved Measure A, a 0.50% local transaction use tax, initially set for seven (7) years. In November 2018, voters approved to extend the tax indefinitely, ensuring financial stability for the City.
In November 2020, San Fernando voters approved Measure SF, adding an additional 0.25% local transaction use tax. This brought the total local transaction use tax to 0.75%, effective April 1, 2021. This effort was critical to keep sales tax local and avoid other taxing entities from imposing a regional transaction tax that would not directly benefit the local community.
For FY 2025-2026, the combined Local Transaction Use Tax is projected to generate approximately $4.8 million. These funds will continue to be used to support services to the community, implement the City’s 2022-2026 Strategic Goals, and protect rainy day fund reserves (reserve funds for unforeseen financial challenges). More details on the City’s Local Transaction Use Tax expenditures can be found in the City Manager’s Budget Message in the Proposed Budget document.
Capital Improvements.
The FY 2025-2026 Proposed Budget includes funding for a number of critical capital improvement projects to address the backlog of deferred maintenance and infrastructure needs, including; • $1.2 million for Phase 4 of the Citywide Slurry Seal Project • $1.8 million for water system improvements
• $1.2 million for sewer system improvements
Funding for these capital improvements is provided primarily through Special Revenue Funds, Capital Grant Funds, and Enterprise Funds.
More detailed information regarding the FY 2025-2026 Proposed Capital Improvement Program may be found in Section VI. “Capital Improvement Projects” of proposed budget document.
June 2, 2025 CC Special & Regular Mtg Page 289 of 314
Discussion of Fiscal Year 2025-2026 Budget Study Session No. 2
BUDGET IMPACT:
The total Proposed Budget for all funds is approximately $62.1 million. The Proposed General Fund budget is $28.6 million (1% decrease from FY 2024-2025). In accordance with the City’s Budget Policy, the FY 2025-2026 Proposed General Fund Budget represents a balanced budget, with General Fund revenues of $28.8 million, expenditures of $28.6 million and proposed enhancements of $266,670 resulting in an estimated surplus of $149,340.
CONCLUSION:
It is recommended that the City Council review the FY 2025-2026 Proposed Budget and allocate the resources required to move the 2022-2026 Strategic Goals and City Council Priorities forward in the upcoming fiscal year.
ATTACHMENTS:
A. Fiscal Year 2025-2026 Proposed Budget (available digitally through web link and hardcopy at the Finance counter)
B. Summary of Fiscal Year 2025-2026 Enhancement Requests June 2, 2025 CC Special & Regular Mtg Page 290 of 314
CITY OF SAN FERNANDO
SUMMARY OF ENHANCEMENT REQUESTS
FISCAL YEAR 2025-2026
DEPT REQ
DEPT DESCRIPTION AMOUNT ONE-TIME ONGOING NOT RECOMMENDED NOTES GENERAL FUNDCity Manager's Office Homeless Outreach Service Provider (Contract Shortfall for 1 - Year at Existing Service Levels) 43,100 43,100 Not approved at this time. Recommend that City reduces service level to match available funding.
City Clerk Public Records Request Software (Implementation & Subscription) 20,254 20,254 Software is provided through Granicus, which is the City's new website developer. Website launch expected in FY 2025/2026. Therefore, will consider additional software modules in FY 2026/2027.
Community Development Special Counsel Services 5,500 5,500 - Supports City Council strategic goal of Citywide beautification. Recommended funding to be used to address and bring existing code enforcement cases to full resolution.
Administrative Services Microsoft 365 Migration (Implementation & Licenses) 90,494 90,494 Pending general direction from City Council, redirect existing UASI funding for cybersecurity to fund Microsoft 365 migration project, PC replacement and SFPD mobile data consoles.
Administrative Services PC Replacement Program - Year 2 43,500 43,500 Pending general direction from City Council, redirect existing UASI funding for cybersecurity to fund Microsoft 365 migration project, PC replacement and SFPD mobile data consoles.
Administrative Services Citywide Employee Training Programs 32,950 25,000 7,950 Provide training and development opportunities for staff in accordance with the City Council strategic goal for citywide employee recruitment, retention and morale Police Department Vector Solutions - Guardian Software 6,730 6,730 - Provide supervisory tools for staff in accordance with the City Council strategic goal for citywide employee recruitment, retention and morale. Software will use AI learning capability to recommend personalized training opportunities for each staff member based on contents of evaluations.
Police Department TimeClocks - Timekeeping/Scheduling Software (Aladtec - Public Safety Module) 9,440 2,360 7,080 - This module offered through the City's existing timekeeping system will allow SFPD staff to better manage staffing and overtime costs.
Police Department Lexis Nexis Online - Public Reporting 12,240 12,240 Consider public-facing online incident reporting software during evaluation of new CAD system next fiscal year.
Police Department New Officer Onboarding Costs (e.g. Background investigations, polygraph, psych exams, uniforms, etc.) 20,000 20,000 - Assumes hiring and onboarding of 4 officers at $5,000/officerPolice Department MDT/MDC's (12) 30,000 30,000 Pending general direction from City Council, redirect existing UASI funding for cybersecurity to fund Microsoft 365 migration project, PC replacement and SFPD mobile data consoles. Upgrading MDCs and accompanying CradlePoint software will provide the capability to provide location and heat mapping patrol data.
Police Department Drone 25,000 25,000 Reconsider next fiscal year based on availability funding. Also recommend exploring alternate grant funding.Police Department Less Lethal Projectile Service Equipment 10,018 5,000 5,018 To provide 2 additional less lethal options to existing stock. This will allow each patrol vehicle to have a less lethal tool available. Police Department Thomson Reuters Database Access Software 7,284 7,284 Explore funding through existing operating funds by retiring unused software.
Police Department Records Specialist (P/T) 35,000 35,000 - Staff provided additional data regarding increased mandatory reporting with consideration of PT position
CITY MANAGER RECOMMENDED
ATTACHMENT "B"
June 2, 2025 CC Special & Regular Mtg
CITY OF SAN FERNANDO
SUMMARY OF ENHANCEMENT REQUESTS
FISCAL YEAR 2025-2026
DEPT REQ
DEPT DESCRIPTION AMOUNT ONE-TIME ONGOING NOT RECOMMENDED NOTES
CITY MANAGER RECOMMENDED
Police Department Upgrade Police Officer to Sergeant 55,000 55,000 - Staff evaluated OT as offset for potential position upgradePolice Department Records Office Furniture 20,071 20,071 Reconsider next fiscal year based on availability funding.
Police Department Detectives Office Furniture 18,147 18,147 Reconsider next fiscal year based on availability funding.
Police Department Tasers (45) 68,372 68,372 Reconsider next fiscal year based on availability funding.
Police Department CradlePoint (AT&T) MDT Software with GPS Upgrade 6,500 6,500 Pending general direction from City Council, redirect existing UASI funding for cybersecurity to fund Microsoft 365 migration project, PC replacement and SFPD mobile data consoles. Upgrading MDCs and accompanying CradlePoint software will provide the capability to provide location and heat mapping patrol data.
Public Works Convert PW Management Analyst to Sr Management Analyst 20,000 7,500 12,500 Create a more balanced span of control in the PW Department with expounded position to include higher level skills and responsibiliies. Position to additionally address City Council's goal of addressing employee retention and morale.
Public Works Convert PW Senior Maint Worker into PW Supervisor 18,500 18,500 - Create a more balanced supervisory span of control in the PW Department and offer opportunities for advancement to address City Council's goal of addressing employee retention and morale.
Public Works Arborist Evaluations for Tree Removal Program 10,000 - 10,000 Fund through special revenue fund (measure M, R, Prop C)Recreation & Community Services Reclassify the two existing full time program specialist to RCS Coordinators 17,000 17,000 - Create a more balanced supervisory span of control in the RCS Department and offer opportunities for advancement to address City Council's goal of addressing employee retention and morale.
Recreation & Community Services
Reclassify part-time hours to establish 1-RCS Coordinator position 90,000 60,000 30,000 Create a more balanced supervisory span of control in the RCS Department and offer opportunities for advancement to address City Council's goal of addressing employee retention and morale. Offset costs for new position by reducing part-time hours by $30,000 Recreation & Community Services After School Teen Program - Supplies 8,000 2,000 6,000 Recommended funding at reduced level from starting funds for ongoing Teen Programming Recreation & Community Services Computers for 2-New Working Stations at Downstairs Office 8,000 - 8,000 Reviewing opportunities to rebalance existing resources to determine if request can be reduced/eliminated Recreation & Community Services Volunteer Recognition Program 5,000 - 5,000 Request City Council Community Investment Funding to support inaugural recognition program Recreation & Community Services Summer Camp Staff Office Furniture 5,000 - 5,000 Use existing cubicles surplus furniture Recreation & Community Services Gym Sound System Upgrade 2,800 2,800 For consideration in FY2025/26 using existing operational resources balance for purchase GENERAL FUND ENHANCEMENT TOTAL: 743,900 $ 57,860 208,810 477,230 June 2, 2025 CC Special & Regular Mtg
CITY OF SAN FERNANDO
SUMMARY OF ENHANCEMENT REQUESTS
FISCAL YEAR 2025-2026
DEPT REQ
DEPT DESCRIPTION AMOUNT ONE-TIME ONGOING NOT RECOMMENDED NOTES
CITY MANAGER RECOMMENDED
PROPRIETARY FUNDS Water FundPublic Works Convert PW Management Analyst to Sr Management Analyst 20,000 6,250 13,750 Create a more balanced span of control in the PW Department with expounded position to include higher level skills and responsibiliies. Position Sewer FundPublic Works Convert PW Management Analyst to Sr Management Analyst 20,000 6,250 13,750 Create a more balanced span of control in the PW Department with expounded position to include higher level skills and responsibiliies. Position Equipment Replacement & Maintenance FundPublic Works Tire Mounting Balancing Machine Replacement 24,500 24,500 - - Funding recommended with value through time and cost efficiencies justified for equipment replacement.Public Works Park Mower Replacement 30,000 - - Will re-evaluate once department reorganzation in place. Goal will be to enable one mower per crew rather than mower per park.Facility Maintenance FundPublic Works City Yard Trailer - ADA Ramp 16,500 - - 16,500 Public Works City Yard Trailer - Ice Machine 6,000 - - 6,000 Public Works Citywide Facility Restroom Renovations (Las Palmas, Recreation Park, City Hall, etc.) 125,000 - - 125,000
Recreation & Community Services Recreation Park - HVAC Replacement 50,000 - - 50,000 Recreation & Community Services Rec Park Gym - Retractable Bleacher Seats 5,215 - - 5,215 Recreation & Community Services Stage Doors - Recreation Park 50,000 - - 50,000 PROPRIETARY FUNDS ENHANCEMENT TOTAL: 307,215 $ 24,500 $ 12,500 $ 252,715 $ SPECIAL FUNDS 1
Recration Self-Sustaining Fund (Facility Rentals)Recreation & Community Services Folding Tables & Chairs 6,000 6,000 - Funding recommended through new scope of Fund 017 - Self Sustaining Fund for Facility rentals as an investment with anticipated increased rentals as a result of enhanced customer experience.
SPECIAL FUND ENHANCEMENT TOTAL: 6,000 $ $ 6,000 $ - $ - TOTAL ENHANCEMENT REQUESTS: 1,057,115 $ $ 88,360 $ 221,310 $ 729,945 All Facility Enhancement Requests to be evaluated through the Facility Condition Assessmement Report in effort to prioritize capital repairs and maintenance and address through annual investment planning.
June 2, 2025 CC Special & Regular Mtg
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AGENDA REPORT
REVIEW: ☒ Finance Director ☒ Deputy City Manager ☐ City Manager CITY COUNCIL 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1201 WWW.SFCITY.ORG To: Mayor Mary Mendoza and Councilmembers
From: Councilmember Patty Lopez
Date: June 2, 2025
Subject: Discussion and Consideration to Approve Outreach Letter to the Mexican Consulate
RECOMMENDATION:
I have placed this on the agenda (Attachment “A”) for City Council discussion to provide staff with direction to submit the letter to the Consul of Mexico in Los Angeles (Attachment “B”).
BACKGROUND/ANALYSIS:
See Attachment “A” that was submitted to request to agendize this item for the June 2, 2025, City Council Meeting.
BUDGET IMPACT:
There is no impact to the budget by discussing this item. Additional future costs to be determined based on City Council direction.
ATTACHMENTS:
A. Request to Agendize an Item for City Council Discussion/Consideration B. Letter to the Consul of Mexico in Los Angeles
June 2, 2025 CC Special & Regular Mtg Page 297 of 314
City Council | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1201 | Form # CC-003.1 (07/2017) | Page 1 of 1
REQUEST TO AGENDIZE AN ITEM FOR CITY COUNCIL
DISCUSSION/CONSIDERATION
CITY COUNCILMEMBER INFORMATION
NAME TITLE
ITEM INFORMATION
SUBJECT Title of the item you are requesting to be agendized.
PRIORITIES
Is this included in the current FY priorities?
Yes No
BUDGET
Is this a budgeted item?
Yes No
FISCAL IMPACT
Is there a fiscal impact? If yes, indicate amount.
Yes No $
BACKGROUND/ANALYSIS Provide the reason you are requesting this item be agendized.
ATTACHMENTS Do you have any attachments to include?
Yes No
RECOMMENDATION Indicate the direction you are recommending. dd,D
EdΗΗ
Patty Lopez Council Member
Consideration to Approve Outreach Letter to the Mexican Consulate ✔ ✔ ✔
The purpose of these letters is to establish communication with the Consul of Mexico in Los Angeles and explore opportunities for collaboration that could bring much-needed resources to the City of San Fernando.
These resources have the potential to support a significant portion of our residents, families, and neighbors throughout the area.If approved, the letter would be sent on official City letterhead.
Any future events, meetings, or proposed locations would be coordinated at the discretion of the City Manager and available staff, based on scheduling and operational capacity.
I respectfully ask for the Council’s support in moving this initiative forward and approving the sending of this letter.
✔
June 2, 2025 CC Special & Regular Mtg Page 298 of 314
ATTACHMENT “B”
CITY COUNCIL
MAYOR
MARY MENDOZA
VICE MAYOR
MARY SOLORIO
COUNCILMEMBER
JOEL FAJARDO
COUNCILMEMBER
VICTORIA GARCIA
COUNCILMEMBER
PATTY LÓPEZ
OFFICE OF THE
CITY COUNCIL
117 MACNEIL STREET
SAN FERNANDO
CALIFORNIA
91340
(818) 898-1201
WWW.SFCITY.ORG
June 2, 2025
Consulate of Mexico in Los Angeles, California
Attn: Consul Carlos González
SUBJECT: Seeking Support in Providing Consular Services to City of San Fernando Residents
Dear Consul of Mexico,
I hope this message finds you in excellent health and high spirits. I am writing to respectfully request your invaluable support.
My name is Patty Lopez, and I serve as a City Councilmember in San Fernando, California, where I have the privilege of serving a significant Mexican community.
It is on their behalf that I kindly request your support in providing consular services to our residents. As you are well aware, many of them do not have the means to travel to your main offices.
I understand that your office offers this support through Mobile Consulates that travel to nearby cities with the necessary staff and equipment. I am also aware that appropriate facilities are required to host these services, including high-speed internet, sufficient parking, and other logistical accommodations.
I am pleased to inform you that we have at least three available locations that meet these requirements. We would be more than happy to give you a tour of these spaces for your inspection and to determine which would be best suited to meet the needs of your team and the community.
I look forward to your prompt and favorable response.
Sincerely,
Patty Lopez
City Councilmember
City of San Fernando, California
June 2, 2025 CC Special & Regular Mtg Page 299 of 314
ATTACHMENT “B”
CITY COUNCIL
MAYOR
MARY MENDOZA
VICE MAYOR
MARY SOLORIO
COUNCILMEMBER
JOEL FAJARDO
COUNCILMEMBER
VICTORIA GARCIA
COUNCILMEMBER
PATTY LÓPEZ
OFFICE OF THE
CITY COUNCIL
117 MACNEIL STREET
SAN FERNANDO
CALIFORNIA
91340
(818) 898-1201
WWW.SFCITY.ORG
2 de junio de 2025
Consulado de México en Los Ángeles, California
At’n Cónsul Carlos González
ASUNTO: Buscando apoyo en la prestación de servicios consulares a los residentes de la ciudad de San Fernando
Estimado Cónsul de México:
Esperando que la presente le encuentre gozando de excelente estado de salud, me permito dirigirme a usted para solicitar su invaluable apoyo.
Mi nombre es Patty López, miembro del Concejo Municipal (City Councilmember) de la ciudad de San Fernando, California, donde tengo el privilegio de atender a una comunidad significativa de mexicanos. Es por ello que me permito solicitar su apoyo para brindar atención consular a esta comunidad, quienes, como es de su conocimiento, no siempre tienen la facilidad de trasladarse a sus oficinas principales.
Tengo conocimiento de que el Consulado ofrece este servicio a través de Consulados Móviles que se trasladan a ciudades aledañas con su equipo y personal. Asimismo, entiendo que para poder brindar este servicio se requiere de espacios adecuados que cuenten con acceso a internet de alta capacidad, estacionamiento, y otras facilidades.
En este sentido, me complace informarle que contamos con al menos tres lugares que cumplen con estos requisitos y estaríamos en la mejor disposición de mostrárselos para su inspección, a fin de que se determine cuál sería el más adecuado para brindar este valioso servicio a nuestra comunidad.
Quedo atenta a su pronta y favorable respuesta.
Atentamente,
Patty López
Miembro del Concejo Municipal
Ciudad de San Fernando, California
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AGENDA REPORT
REVIEW: ☒ Finance Director ☒ Deputy City Manager ☐ City Manager CITY COUNCIL 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1201 WWW.SFCITY.ORG To: Mayor Mary Mendoza and Councilmembers
From: Councilmember Patty Lopez
Date: June 2, 2025
Subject: Discussion and Consideration Regarding Displaying Official Photos at City Hall RECOMMENDATION:
I have placed this on the agenda (Attachment “A”) for City Council discussion to provide staff with direction.
BACKGROUND/ANALYSIS:
See Attachment “A” that was submitted to request to agendize this item for the June 2, 2025, City Council Meeting.
BUDGET IMPACT:
There is no impact to the budget by discussing this item. Additional future costs to be determined based on City Council direction.
ATTACHMENTS:
A. Request to Agendize an Item for City Council Discussion/Consideration June 2, 2025 CC Special & Regular Mtg Page 303 of 314
REQUEST TO AGENDIZE AN ITEM FOR CITY COUNCIL CLEAR FORM
DISCUSSION/CONSIDERATION
CITY COUNCILMEMBER INFORMATION
NAME
Patty Lopez
TITLE
Council Member
ITEM INFORMATION
SUBJECT Title of
Proposal to Display Official Photos at City Hall Entrance
PRIORITIES
Is this included in the current FY priorities?
✔Yes No
BUDGET
Is this a budgeted item?
Yes ◼ o
FISCAL IMPACT
Is there a fiscal impact? If yes, indicate amount.
Yes No $
I would like to respectfully propose that the City of San Fernando consider the installation of official photographs of our elected representatives at the entrance of City Hall. It is common practice in many government buildings—local, county, state, and federal—to display images of public officials as a way to inform and engage the public while promoting civic pride and transparency.
At present, our City Hall does not include such a display. I believe adding official photos of our City Council, along with representatives at the state, federal, and county levels, would reflect positively on our civic identity and serve as a welcoming and informative feature for residents and visitors alike.
ATTACHMENTS Do you have any attachments to include?
✔Yes No
RECOMMENDATION Indicate the direction you are recommending.
I respectfully request the Council's support for this initiative and recommend that appropriate funding be allocated to professionally produce and install the photographs in a designated space at the entrance of City Hall.
Thank you for considering this proposal. I look forward to the opportunity to discuss this further and hope to have your support in bringing this meaningful project to life.
City Council | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1201 | Form # CC-003.1 (07/2017) | Page 1 of 1 ATTACHMENT "A"
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AGENDA REPORT
REVIEW: ☒ Finance Director ☒ Deputy City Manager ☐ City Manager CITY COUNCIL 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1201 WWW.SFCITY.ORG To: Mayor Mary Mendoza and Councilmembers
From: Councilmember Patty Lopez
Date: June 2, 2025
Subject: Discussion and Consideration to Adopt a Resolution Recognizing June as Fathers’ Month
RECOMMENDATION:
I have placed this on the agenda (Attachment “A”) for City Council discussion and consideration to adopt Resolution No. 8386 (Attachment “B”) recognizing June as Fathers’ Month.
BACKGROUND/ANALYSIS:
See Attachment “A” that was submitted to request to agendize this item for the June 2, 2025, City Council Meeting.
BUDGET IMPACT:
There is no impact to the budget by discussing this item. Additional future costs to be determined based on City Council direction.
ATTACHMENTS:
A. Request to Agendize an Item for City Council Discussion/Consideration B. Resolution No. 8386
June 2, 2025 CC Special & Regular Mtg Page 307 of 314
City Council | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1201 | Form # CC-003.1 (07/2017) | Page 1 of 1
REQUEST TO AGENDIZE AN ITEM FOR CITY COUNCIL
DISCUSSION/CONSIDERATION
CITY COUNCILMEMBER INFORMATION
NAME TITLE
ITEM INFORMATION
SUBJECT Title of the item you are requesting to be agendized.
PRIORITIES
Is this included in the current FY priorities?
Yes No
BUDGET
Is this a budgeted item?
Yes No
FISCAL IMPACT
Is there a fiscal impact? If yes, indicate amount.
Yes No $
BACKGROUND/ANALYSIS Provide the reason you are requesting this item be agendized.
ATTACHMENTS Do you have any attachments to include?
Yes No
RECOMMENDATION Indicate the direction you are recommending. dd,D
EdΗΗ
Patty Lopez Council Member
Resolution Recognizing June as Fathers' Month
✔ ✔ ✔
This resolution seeks to officially recognize the month of June as Fathers’ Month in the City of San Fernando, in acknowledgment of the vital role fathers and father figures play in our families and communities. By adopting this resolution, we affirm the importance of paternal involvement and promote a culture that values and uplifts fatherhood in all its forms.
I kindly ask for the support of my fellow Councilmembers in approving this meaningful recognition. ✔
June 2, 2025 CC Special & Regular Mtg Page 308 of 314
ATTACHMENT “B”
RESOLUTION NO. 8386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO,
CALIFORNIA, RECOGNIZING THE MONTH OF JUNE AS A MONTH TO
HONOR ALL FATHERS
WHEREAS, fathers play a vital role in the lives of their children and families, offering support, love, guidance, and strength throughout their children's lives; and WHEREAS, the role of fathers has evolved over time, yet remains a cornerstone of family stability, emotional well-being, and child development; and WHEREAS, Father’s Day, celebrated in June, provides a special opportunity to express gratitude and appreciation to fathers, grandfathers, stepfathers, and father figures who contribute meaningfully to the lives of others; and
WHEREAS, acknowledging the month of June as a time to celebrate fatherhood encourages communities, schools, organizations, and families to promote positive father engagement, parental responsibility, and family unity; and WHEREAS, recognizing fathers and their contributions throughout the month of June fosters a culture of respect, love, and mutual support, while highlighting the diverse ways in which men nurture and raise the next generation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That the City of San Fernando hereby declares and recognizes the month of June of each calendar year as “Fathers’ Month”, in honor of all men who are fathers or father figures, and encourages all citizens to celebrate, support, and uplift the role of fathers in their communities.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED THIS 2nd day of June, 2025.
Mary Mendoza, Mayor of the City of San
Fernando, California
ATTEST:
Julia Fritz, City Clerk
June 2, 2025 CC Special & Regular Mtg Page 309 of 314
RES. NO. 8386
2 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 8386 which was regularly introduced and adopted by the City Council of the City of San Fernando, California, at a regular meeting thereof held on the 2nd day of June, 2025, by the following vote of the City Council:
AYES:
NAYS:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of June, 2025.
Julia Fritz, City Clerk
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AGENDA REPORT
REVIEW: ☒ Finance Director ☒ Deputy City Manager ☐ City Manager CITY COUNCIL 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1201 WWW.SFCITY.ORG To: Mayor Mary Mendoza and Councilmembers
From: Vice Mayor Mary Solorio
Date: June 2, 2025
Subject: Discussion and Consideration Regarding Proactive Response to Illegal Fireworks RECOMMENDATION:
I have placed this item on the agenda (Attachment “A”) for City Council discussion to provide staff with direction.
BACKGROUND/ANALYSIS:
See Attachment “A” that was submitted to request to agendize this item for the June 2, 2025 City Council Meeting.
BUDGET IMPACT:
There is no impact to the budget by discussing this item. Additional future costs to be determined based on City Council direction.
ATTACHMENTS:
A. Request to Agendize an Item for City Council Discussion/Consideration June 2, 2025 CC Special & Regular Mtg Page 313 of 314
City Council | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1201 | Form # CC-003.1 (07/2017) | Page 1 of 1
REQUEST TO AGENDIZE AN ITEM FOR CITY COUNCIL
DISCUSSION/CONSIDERATION
CITY COUNCILMEMBER INFORMATION
NAME TITLE
ITEM INFORMATION
SUBJECT Title of the item you are requesting to be agendized.
PRIORITIES
Is this included in the current FY priorities?
Yes No
BUDGET
Is this a budgeted item?
Yes No
FISCAL IMPACT
Is there a fiscal impact? If yes, indicate amount.
Yes No $
BACKGROUND/ANALYSIS Provide the reason you are requesting this item be agendized.
ATTACHMENTS Do you have any attachments to include?
Yes No
RECOMMENDATION Indicate the direction you are recommending. ϱ͘WƌĞƉĂƌĂƚŝŽŶŽĨ
ŵĞƌŐĞŶĐLJZĞƐƉŽŶƐĞWůĂŶƐ͗tŽƌŬǁŝƚŚĞŵĞƌŐĞŶĐLJƌĞƐƉŽŶĚĞƌƐƚŽĚĞǀĞůŽƉĂŶĚ ƵƉĚĂƚĞƉůĂŶƐĨŽƌƉŽƚĞŶƚŝĂůĨŝƌĞŝŶĐŝĚĞŶƚƐĐĂƵƐĞĚďLJŝůůĞŐĂůĨŝƌĞǁŽƌŬƐ͕ŝŶĐůƵĚŝŶŐƉƵďůŝĐƐĂĨĞƚLJ ĂŶŶŽƵŶĐĞŵĞŶƚƐƌĞŐĂƌĚŝŶŐĨŝƌĞŚĂnjĂƌĚƐĚƵƌŝŶŐƉĞĂŬƐĞĂƐŽŶƐ͘ LJĞƐƚĂďůŝƐŚŝŶŐĂĐŽŵƉƌĞŚĞŶƐŝǀĞĂƉƉƌŽĂĐŚƚŚĂƚŝŶĐůƵĚĞƐĐŽŵŵƵŶŝƚLJĞŶŐĂŐĞŵĞŶƚ͕ĞŶĨŽƌĐĞŵĞŶƚ͕ĂŶĚ ƉƌĞǀĞŶƚŝŽŶƐƚƌĂƚĞŐŝĞƐ͕ƚŚĞŝƚLJŽĨ^ĂŶ&ĞƌŶĂŶĚŽĐĂŶĞŶŚĂŶĐĞĨŝƌĞǁŽƌŬƐĂĨĞƚLJĂŶĚƉƌŽƚĞĐƚƚŚĞ ĐŽŵŵƵŶŝƚLJĨƌŽŵƚŚĞĂƐƐŽĐŝĂƚĞĚƌŝƐŬƐ͘
ϭ͘/ŶĐƌĞĂƐĞĚWƵďůŝĐǁĂƌĞŶĞƐƐĂŵƉĂŝŐŶƐ͗/ŵƉůĞŵĞŶƚĞĚƵĐĂƚŝŽŶĂůŽƵƚƌĞĂĐŚƉƌŽŐƌĂŵƐƚŚĂƚŝŶĨŽƌŵ ƌĞƐŝĚĞŶƚƐĂďŽƵƚƚŚĞĚĂŶŐĞƌƐŽĨŝůůĞŐĂůĨŝƌĞǁŽƌŬƐĂŶĚƚŚĞůĞŐĂůƌĞƉĞƌĐƵƐƐŝŽŶƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚŚĞŝƌ ƵƐĞ͘
Ϯ͘
ŶŚĂŶĐĞĚ
ŶĨŽƌĐĞŵĞŶƚDĞĂƐƵƌĞƐ͗ŽůůĂďŽƌĂƚĞǁŝƚŚƚŚĞƉŽůŝĐĞĚĞƉĂƌƚŵĞŶƚƚŽĞƐƚĂďůŝƐŚĂ ĐŽŵŵƵŶŝƚLJƚĂƐŬĨŽƌĐĞĚĞĚŝĐĂƚĞĚƚŽŝĚĞŶƚŝĨLJŝŶŐĂŶĚĂƉƉƌĞŚĞŶĚŝŶŐƚŚŽƐĞĞŶŐĂŐŝŶŐŝŶŝůůĞŐĂůĨŝƌĞǁŽƌŬƐ ĂĐƚŝǀŝƚLJ͘dŚŝƐĐĂŶŝŶĐůƵĚĞŝŶĐƌĞĂƐĞĚƉĂƚƌŽůƐĚƵƌŝŶŐŚŽůŝĚĂLJƉĞƌŝŽĚƐ͘ ϯ͘ŽŵŵƵŶŝƚLJZĞƉŽƌƚŝŶŐ^LJƐƚĞŵ͗ƌĞĂƚĞĂĐŽŶĨŝĚĞŶƚŝĂůƌĞƉŽƌƚŝŶŐƐLJƐƚĞŵĨŽƌƌĞƐŝĚĞŶƚƐƚŽƌĞƉŽƌƚ ŝůůĞŐĂůĨŝƌĞǁŽƌŬƐƵƐĂŐĞ͕ǁŚŝĐŚĐĂŶŚĞůƉůĂǁĞŶĨŽƌĐĞŵĞŶƚƚĂƌŐĞƚƐƉĞĐŝĨŝĐĂƌĞĂƐǁŝƚŚŚŝŐŚĞƌŝŶĐŝĚĞŶĐĞƐ ŽĨĨŝƌĞǁŽƌŬƐĐŽŵƉůĂŝŶƚƐ͘
ϰ͘ŽůůĂďŽƌĂƚŝŽŶǁŝƚŚEĞĂƌďLJŝƚŝĞƐ͗ZĞƐĞĂƌĐŚĂŶĚĂĚŽƉƚďĞƐƚƉƌĂĐƚŝĐĞƐĨƌŽŵŶĞŝŐŚďŽƌŝŶŐĐŝƚŝĞƐƚŚĂƚ ŚĂǀĞƐƵĐĐĞƐƐĨƵůůLJƌĞĚƵĐĞĚŝůůĞŐĂůĨŝƌĞǁŽƌŬƵƐĞ͘dŚŝƐĐĂŶŝŶĐůƵĚĞŽƌĚŝŶĂŶĐĞƐ͕ƐĂĨĞĚŝƐƉŽƐĂůƉƌŽŐƌĂŵƐ͕ ĂŶĚĐŽŵŵƵŶŝƚLJĞŶŐĂŐĞŵĞŶƚƐƚƌĂƚĞŐŝĞƐ͘
Z
KDD
Ed/KE͗
Mary Solorio Vice Mayor
Discussion and Consideration Regarding Proactive Response to Illegal Fireworks ✔ ✔ ✔
The City of San Fernando is facing a significant public safety concern due to the rampant use of illegal fireworks throughout the community. This widespread practice poses risks not only to individuals and property but also hampers emergency response capabilities and endangers nearby neighborhoods. As the Fourth of July and other celebrations approach, it is crucial for the city to address these safety issues proactively.
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ATTACHMENT "A"
June 2, 2025 CC Special & Regular Mtg Page 314 of 314