submitted to the Director of Police Services no later than sixty (60) day from the date of approval by the Planning Commission.
39. That the applicant shall provide an emergency phone number and a contact person of the person or persons involved in the supervision of the construction to the Department of Police Services. The name, telephone number, fax number and email address of that person shall be provided to the Director of Police Services no later than 60 days from the date of approval by the Planning Commission.
Emergency information shall allow emergency service to reach the applicant or their representative any time, 24 hours a day.
40. That in order to facilitate the removal of unauthorized vehicles parked on the property, the applicant shall post, in plain view and at each entry to the property, a sign not less than 17” wide by 22” long. The sign shall prohibit the public parking of unauthorized vehicles and indicate that unauthorized vehicles will be removed at the owner’s expense and also contain the California Vehicle Code that permits this action. The sign shall also contain the telephone number of the local law enforcement agency (Police Services Center (562) 409-1850). The lettering within the sign shall not be less than one inch in height. The applicant shall contact the Police Services Center for an inspection no later than 30 days after the project has been completed and prior to the occupancy permit being issued.
41. That the proposed buildings, including any lighting, fences, walls, cabinets, and poles shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired within 72 hours of occurrence, weather permitting, to minimize occurrences of dangerous conditions or visual blight. Paint utilized in covering graffiti shall be a color that matches, as closely possible, the color of the existing and/or adjacent surfaces.
42. That during the construction phase of the proposed project, the contractor shall provide an identification number (i.e. address number) at each building and/or entry gate to direct emergency vehicles in case of an emergency. The identification numbers may be painted on boards and fastened to the temporary construction fence. The boards may be removed after each building has been identified with their individual permanent number address.
43. That it shall be the responsibility of the job-supervisor to maintain the job site in a clean and orderly manner. Dirt and debris that has migrated to the street or neighboring properties shall be immediately cleaned. Porte-potties, or equal, shall not be visible from the public street and maintained on a regular basis.
WASTE MANAGEMENT:
(Contact: Teresa Cavallo 562-868-0511 x7309)
44. The applicant shall comply with Section 50.51 of the Municipal Code which prohibits any business or residents from contracting any solid waste disposal company that does not hold a current permit from the City.
45. All projects over $50,000 are subject to the requirements of Ordinance No. 914 to reuse or recycle 75% of the project waste. Contact the Environmental Consultant, Morgan McCarthy at (562) 432-3700 or (805) 815-2492.
46. The applicant shall comply with Public Resource Code, Section 42900 et seq. (California Solid Waste Reuse and Recycling Access Act of 1991) as amended, which requires each development project to provide adequate storage area for the collection/storage and removal of recyclable and green waste materials.
PLANNING AND DEVELOPMENT DEPARTMENT:
(Contact: Andrew Gonzales 562-868-0511 x7519)
47. That the approval of Development Plan Approval Case No. 936 is contingent upon approval of Tentative Parcel Map Case No. 82031.
48. That the owner/developer shall apply for an Well Review Report (report) through the Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR). A copy of this report shall be provide to the Planning Department. If historic oil wells are identified on-site, well abandoned to current DOGGR standards may be required before a building permit can be issued.
49. That the owner/developer shall apply for an Oilfield Site Plan Review through the Planning Department prior to building permit can be issued.
50. That if the subject property is deemed to be located within the methane zone by the City of Santa Fe Springs Planning Department, the owner/developer shall indicated the subject property is located within the methane zone on the first page of the building plan. Said indication shall be clearly painted with a minimum front size of 12 point.
51. That the owner/developer must pay for all required Los Angeles County’s sewer connection fee prior to the issuance of a sewer connection permit from the Los Angeles County Sanitation Districts. For more information and a copy of the Connection Fee Information Districts. For more information and a copy of the Connection Fee Information Sheet, go to www.lacsd.org. For more specific information regarding the connection fee application procedure and fees, please contact the Connection Fee counter at (562) 908-4288, extension 2727.
52. That the Mitigation Monitoring and Reporting Program, which was prepared for the proposed project and adopted by the Planning Commission upon completion of
the Mitigated Negative Declaration, shall be made part of the conditions of approval for Development Plan Approval Case No. 936 and Conditional Use Permit Case No. 787. The Mitigation Monitoring and Reporting Program is listed as an attachment to the staff report.
53. That the owner/developer shall implement a dust control program for air quality control. The program shall ensure that a water vehicle for dust control operations is kept readily available at all times during construction. The developer shall provide the City Engineer and Building Official with the name, telephone number and e-mail address of the person directly responsible for dust control and operation of the vehicle.
54. That during construction, the following information shall be made available on a sign posted at the main entrance(s) to the site:
a. Name of the development/project.
b. Name of the development company.
c. Address or Address range for the subject site.
d. 24-hour telephone number where someone can leave a message on a particular compliant (dust, noise, odor, etc.)
55. That the owner/developer must provide on-site bicycle racks or other secure bicycle parking that accommodate a minimum six (6) bicycles.
56. That the applicant shall provide a bulletin board, display case, or kiosk to display transportation information where the greatest number of employees are likely to see it. In formation shall include, but is not limited to, the following:
a. Current maps, routes and schedules for public transit routes serving the site; and
b. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; and
c. Ridesharing promotional material supplied by commuter-oriented organization; and
d. Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; and
e. A listing of facilities available for carpoolers, vanpoolers, bicyclist, transit riders and pedestrians at the site. This is required to both meet the requirements of Section 155.502 (D) of the Zoning Regulations and also a goal identified within the City’s General Plan Circulation Element.
57. That the owner/developer understands and agrees that compliance with condition of approval number 55 and 56 must be obtain prior to issuance of a certificate of occupancy.
58. That the proposed wrought iron gate facing the west elevation shall be minimum 8 feet in height. The owner/developer shall provide a screening for said wrought iron gate, subject to the approval of the Director of Planning or his/her designee.
59. That the owner/developer agrees and understands that all existing overhead utilities within the development shall be placed underground.
60. To prevent the travel of combustible methane gas into any structure, all slab or foundation penetrations, including plumbing, communication and electrical penetrations, must be sealed with an appropriate material. In addition, underground electrical conduits penetrating the slab or foundation of the structure, shall comply with the National Electrical Code (NEC). Refer to California Electrical Code, Chapter 5, Sections 500 and 501.
61. The Department of Planning and Development requires that the double-check detector assembly be placed as far back as practical, screened by shrubs or other materials, and painted forest green. All shrubs shall be planted a minimum distance of two (2) feet surrounding the detector assembly; however, the area in front of the OS and Y valves shall not be screened. The screening shall also only be applicable to the double-check detector assembly and shall not include the fire department connector (FDC). Notwithstanding, the Fire Marshall shall have discretionary authority to require the FDC to be located a minimum distance from the double-check detector assembly. There must be a minimum distance of two (2) feet between the lowest part of the ground and the bottom of the valve shut off wheel.
62. Applicant shall comply with the City's "Heritage Artwork in Public Places Program" in conformance with City Ordinance No. 1054.
63. Prior to submitting plans to the Building Division for plan check, the applicant shall submit Mechanical plans that include a roof plan that shows the location of all roof mounted equipment. All roof-mounted mechanical equipment and/or duct work which projects above the roof or roof parapet of the proposed development and is visible from adjacent property or a public street shall be screened by an enclosure which is consistent with the architecture of the building and approved by the Director of Planning or designee.
a. To illustrate the visibility of equipment and/or duct work, the following shall be submitted along with the Mechanical Plans:
i. A roof plan showing the location of all roof-mounted equipment; ii. Elevations of all existing and proposed mechanical equipment; and iii. A building cross-section drawing which shows the roof-mounted equipment and its relation to the roof and parapet lines.
64. Owner/developer shall submit for approval a detailed landscape and automatic irrigation plan pursuant to the Landscaping Guidelines of the City. Said landscape plan shall indicate the location and type of all plant materials, existing and
proposed. Said plans shall be consistent with AB 1881 (Model Water Efficient Landscape Ordinance).
NOTE: Staff shall not approve the landscaping and irrigation plan without first reviewing and approving the civil drawings, specifically as it pertains to the landscaping and irrigation plan (i.e., location and size of riprap, bioswales, areas of infiltration trenches, etc.)
65. The landscaped areas shall be provided with a suitable, fixed, permanent and automatically controlled method for watering and sprinkling of plants. This operating sprinkler system shall consist of an electrical time clock, control valves, and piped water lines terminating in an appropriate number of sprinklers to insure proper watering periods and to provide water for all plants within the landscaped area. Sprinklers used to satisfy the requirements of this section shall be spaced to assure complete coverage of all landscaped areas. Said plan shall be consistent with AB 1881 (Model Water Efficient Landscape Ordinance).
66. That upon completion of the new landscaping, said landscaped areas shall be maintained in a neat, clean, orderly and healthful condition. This is meant to include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, and replacement of plants when necessary and the regular watering of all plantings.
67. That any damaged asphalt and swale (ribbon gutter) shall be repaired and the parking lot area shall be slurry-sealed and re-striped within ninety (90) days from the date of issuance of a Certificate of Occupancy by the Building Inspector for the proposed building addition.
68. That the owner/developer shall submit a lighting program that is integrated into the overall site, landscape design and building design. Lighting shall be sued to highlight prominent building features such as entries and other focal point. Uplighting can also be used as a way to enhance the texture of plants and structures, to create a sense of height in a landscape design.
69. That the electrical plans, which show the location of electrical transformer(s), shall be subject to the approval of the Planning Department. Transformers shall not be located within the front yard setback area. The location of the transformer(s) shall be subject to the prior approval of the Director of Planning and Development or designee. The electrical transformer shall be screened with shrubs consistent with Southern California Edison’s Guidelines which requires three foot clearance on sides and back of the equipment, and eight foot clearance in front of the equipment.
Additionally, the landscaping irrigation system shall be installed so that they do not spray on equipment. (A copy of the Guideline is available at the Planning Department.)
70. That all fences, walls, gates and similar improvements for the proposed development shall be subject to the prior approval of the Fire Department and the Department of Planning and Development.
71. That the Department of Planning and Development shall first review and approve all sign proposals for the development. The sign proposal (plan) shall include a site plan, building elevation on which the sign will be located, size, style and color of the proposed sign. All drawings shall be properly dimensioned and drawn to scale on 11” x 17” maximum-size paper. All signs shall be installed in accordance with the sign standards of the Zoning Ordinance and the Sign Guidelines of the City.
72. That all approved outdoor trash enclosures shall be provided for the development subject to the approval of the Director of Planning or designee. The calculation to determine the required storage area shall be determine by the City Building Department.
73. All outdoor trash enclosures shall provide a solid roof cover.
74. The applicant shall not allow commercial vehicles, trucks and/or truck tractors to queue on Norwalk Blvd., use street(s) as a staging area, or to backup onto the street from the subject property.
75. The proposed building shall be constructed of quality material and any material shall be replaced when and if the material becomes deteriorated, warped, discolored or rusted.
76. Approved suite numbers/letters or address numbers shall be placed on the proposed building in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background.
The size recommendation shall be 12’’ minimum.
77. That all parking stalls shall be legibly marked off on the pavement, showing the required parking spaces. Additionally, all compact spaces shall be further identified by having the words “Compact” or comparable wording legibly written on pavement, wheel stop or on a clearly visible sign.
78. That prior to issuance of building permits, the applicant shall comply with the following conditions to the satisfaction of the City of Santa Fe Springs:
a. Covenants.
1. Applicant shall provide a written covenant to the Planning Department that, except as may be revealed by the environmental remediation described above and except as applicant may have otherwise disclosed to the City, Commission, Planning Commission or their employees, in writing, applicant has investigated the environmental condition of the property and does not know, or have reasonable cause to believe, that (a) any crude oil, hazardous substances or hazardous wastes, as defined in state and federal law, have been released, as that term is defined in 42 U.S.C. Section 9601 (22), on, under or about the Property, or that (b) any material has been discharged on, under or about the Property that could
affect the quality of ground or surface water on the Property within the meaning of the California Porter-Cologne Water Quality Act, as amended, Water Code Section 13000, et seq
2. Applicant shall provide a written covenant to the City that, based on reasonable investigation and inquiry, to the best of applicant’s knowledge, it does not know or have reasonable cause to believe that it is in violation of any notification, remediation or other requirements of any federal, state or local agency having jurisdiction concerning the environmental conditions of the Property. b. Applicant understands and agrees that it is the responsibility of the applicant to investigate and remedy, pursuant to applicable federal, state and local law, any and all contamination on or under any land or structure affected by this approval and issuance of related building permits. The City, Commission, Planning Commission or their employees, by this approval and by issuing related building permits, in no way warrants that said land or structures are free from contamination or health hazards. c. Applicant understands and agrees that any representations, actions or approvals by the City, Commission, Planning Commission or their employees do not indicate any representation that regulatory permits, approvals or requirements of any other federal, state or local agency have been obtained or satisfied by the applicant and, therefore, the City, Commission, Planning Commission or their employees do not release or waive any obligations the applicant may have to obtain all necessary regulatory permits and comply with all other federal, state or other local agency regulatory requirements. Applicant, not the City, Commission, Planning Commission or their employees will be responsible for any and all penalties, liabilities, response costs and expenses arising from any failure of the applicant to comply with such regulatory requirements.
79. That prior to occupancy of the property/building, the applicant, and/or his tenant(s), shall obtain a valid business license (AKA Business Operation Tax Certificate), and submit a Statement of Intended Use. Both forms, and other required accompanying forms, may be obtained at City Hall by contacting Cecilia Martinez at (562) 868-0511, extension 7527, or through the City’s web site (www.santafesprings.org).
80. That the applicant or the owner/developer shall be responsible for reviewing and/or providing copies of the required conditions of approval to his/her architect, engineer, contractor, tenants, etc. Additionally, the conditions of approval contained herein, shall be made part of the construction drawings for the proposed development. Construction drawings shall not be accepted for Plan Check without the conditions of approval incorporated into the construction drawings.
81. That the owner/developer shall require and verify that all contractors and subcontractors have successfully obtained a Business License with the City of Santa Fe Springs prior to beginning any work associated with the subject project. A late fee and penalty will be accessed to any contractor or sub-contractor that fails to obtain a Business License and a Building Permit final or Certificate of Occupancy will not be issued until all fees and penalties are paid in full. Please contact Cecilia Martinez, Business License Clerk, at (562) 868-0511, extension 7527 for additional information. A business license application can also be downloaded at www.santafesprings.org.
82. That the development shall otherwise be substantially in accordance with the plot plan, floor plan, and elevations submitted by the owner and on file with the case.
Any modification shall be subject to the review and approval of the Director of Planning or his/her designee.
83. That the final plot plan, floor plan and elevations of the proposed development and all other appurtenant improvements, textures and color schemes shall be subject to the final approval of the Director of Planning.
84. That all other requirements of the City’s Zoning Ordinance, Building Code, Property Maintenance Ordinance, State and City Fire Code and all other applicable County, State and Federal regulations and codes shall be complied with.
85. That the applicant and owner/developer agrees to defend, indemnify and hold harmless the City of Santa Fe Springs, its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul an approval of the City or any of its councils, commissions, committees or boards arising from or in any way related to the all entitlements and approvals issued by the City in connection with the Project and from any CEQA challenges relating to the environmental review and determination for the Project, or any actions or operations conducted pursuant thereto. Should the City, its agents, officers or employees receive notice of any such claim, action or proceeding, the City shall promptly notify the applicant of such claim, action or proceeding, and shall cooperate fully in the defense thereof.
86. That unless otherwise specified in the action granting Development Plan Approval, said approval which has not been utilized within a period of 12 consecutive months from the effective date shall become null and void. Also the abandonment or nonuse of a development plan approval and any privileges granted thereunder shall become null and void. However, an extension of time may be granted by Commission or Council action.
87. That it is hereby declare to be the intent that if any provision of this Approval is violated or held to be invalid, or if any law, statute or ordinance is violated, this Approval shall be void and the privileges granted hereunder shall lapse.
88. That the owner/developer understands and agrees if changes to the original plans (submitted and on file with the subject case) are required during construction, revised plans must be provided to the planning department for review and approval prior to the implementation of such changes. Please note that certain changes may also require approvals from other departments.
89. That the applicant shall clarify on the construction drawings that all roof drains facing the west elevation shall be install along the interior of the proposed pop-out.
Any exposed roof drains should be painted to match the color of the building.
90. That all lighting, fences, walls, and poles shall be maintained by the applicant in good repair, free from trash, debris, litter and graffiti and other forms of vandalism.
Any damage from any cause shall be repaired within 24 hours of occurrence, weather permitting, to minimize occurrences of dangerous conditions or visual blight. Paint utilized in covering graffiti shall be a color that matches, as closely possible, the color of the adjacent surfaces.
CONDITIONAL USE PERMIT (CUP 787-2)
WASTE MANAGEMENT:
(Contact: Teresa Cavallo 562-868-0511 x7309)
1. The applicant shall comply with Section 50.51 of the Municipal Code which prohibits any business or residents from contracting any solid waste disposal company that does not hold a current permit from the City.
PLANNING AND DEVELOPMENT DEPARTMENT:
(Contact: Andrew Gonzales 562.868-0511 x7451)
2. That Conditional Use Permit Case No. 787 allows for a mini-warehouse use within a 128,896 square feet concrete tilt-up building located at 11212 Norwalk Boulevard. Approval of Conditional Use Permit case No. 787 is contingent upon approval of Development Plan Approval Case No. 936 and Tentative Parcel Map Case No. 82031.
3. That the property owner shall ensure the operator of the mini-warehouse facility complies with City of Santa Fe Springs Municipal Section 155.637.
4. That no parking of vehicles shall be allowed in front of the loading door along the south elevation.
5. That all loading and unloading activities shall occur within the designated loading area only.
6. That no portion of the required on-site parking area shall be used for outdoor storage of any type or for special activities.
7. That the exterior exit doors shall remain closed when not being used for ingress/egress purposes. Additionally, the applicant shall inform all staff members and clients not to loiter or make loud noises outside of the building.
8. That the applicant shall maintain the area in a clean and orderly manner at all times.
9. That there shall be no on-site kitchen facilities or preparation of food and drinks without prior approval from the Director of Planning or his/her designee.
10. That the applicant shall notify, in writing, of any change in ownership within 30 days. The conditions of approval shall be binding to any successors.
11. That prior to occupancy of the tenant space, the applicant shall obtain a valid business license (AKA Business Operation Tax Certification), and submit a Statement of Intended Use. Both forms, and other required accompanying forms, may be obtained at City Hall by contacting Cecilia Martinez at (562) 868-0511, Extension 7527, or through the City’s website (www.santafesprings.org).
12. The Conditional Use Permit Case No. 787 shall be subject to a compliance review on or before April 12, 2022. Approximately three (3) months before April 12, 2022, the applicant shall request, in writing, an extension of the privileges granted herein, provided that the use has been continuously maintained in strict compliance with these conditions of approval.
13. That the applicant, Johnson Development Associates Inc., agree to defend, indemnify and hold harmless the City of Santa Fe Springs, its agents, officers and employees from any claim, action or proceeding against the City or its agents, officer or employees to attack, set aside, void or annul an approval of the City or any of its councils, commissions, committees or boards arising from or in any way related to the subject Conditional Use Permit, or any action or operations conducted pursuant thereto. Should the City, its agents, officers or employees receive notice of any such claim, action or proceeding, and shall cooperate fully in the defense thereof.
14. That if there is evidence that conditions of approval have not been fulfilled or the use has or have resulted in a substantial adverse effect on the health, and/or general welfare of users of adjacent or proximate property, or have a substantial adverse impact on public facilities or service, the Director of Planning may refer the use permit to the Planning Commission for review. If upon such review, the Commission finds that any of the results above have occurred, the Commission may modify or revoke the use permit.
15. That it is hereby declared to be the intent that if any provision of this Approval is violated or held to be invalid, or if any law, statute or ordinance is violated, this Approval shall be void and privileges granted hereunder shall lapse.
City of Santa Fe Springs
City Council Meeting September 6, 2022
Report Submitted By: Noe Negrete Date of Report: September 1, 2022 Director of Public Works
NEW BUSINESS
Water Feature Maintenance Service Agreement-Approval of Agreement
BACKGROUND
The City Council, at their meeting of February 22, 2018, entered into a Service Agreement with Payless Pools Service Company (Payless Pools) for the Maintenance of the City’s Water Features City wide. The original service agreement term with Payless Pool was for three years, with two, one-year extensions bringing the total length of the agreement to five years. The service agreement is scheduled to expire on February 22, 2023.
At the May 17, 2022 council meeting, staff requested authorization to issue a request for bids. Council directed staff to negotiate and extend the contract with the current vendor, Payless Pools.
Staff is recommending that the City Council approve the new Three Year Agreement with two, one-year extensions, to February 22, 2026, due to effective service, responsiveness, and quality of work. Payless Pools is requesting an increase of $1,000 a month, from the current $6,500 a month to $7,500 a month. The reasons for the cost increases are to cover inflation, the increased scope of services, and the increased costs of supplies, specifically the cost of providing chlorine.
LEGAL REVIEW
The City Attorney’s office has reviewed Water Feature Maintenance Contract.
FISCAL IMPACT
Payless Pools Service Company requests an increase of $1,000 a month, from the current $6,500 a month to $7,500 a month to cover the increased scope of services and costs of supplies. Upon approval, Payless Pools Service Company will continue to provide water feature maintenance services to the 22 water features Citywide. The additional $1,000 per month increase can be absorbed into the Public Works Operational and Maintenance Budget for Fiscal Year 2022/23.
Raymond R. Cruz
City Manager
Attachments:
1. Agreement
RECOMMENDATION
• Approve Contract with Payless Pool Service Company to provide water feature maintenance services; and
• Authorize the Mayor to execute a Contract with Payless Pool Service Company.
ITEM NO. 13
1 CITY OF SANTA FE SPRINGS
WATER FEATURE MAINTENANCE SERVICES AGREEMENT
WITH
PAYLESS POOL SERVICES
This Water Feature Maintenance Services Agreement (“Agreement”) is made and entered as of September 6, 2022, (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation (“City”) and Ron Ladoski, a sole proprietorship doing business as Payless Pool Services (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on February 23, 2023, and shall remain and continue in effect for a period of three years, unless sooner terminated pursuant to the provisions of this Agreement. The City, at its discretion, may extend the term of Agreement for up to two one-year periods upon written notice to Contractor.
2. SERVICES
Contractor shall perform the services described and set forth in Exhibit A (“Services”) incorporated herein by this reference.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of Contractor’s ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor under this Agreement.
4. CITY MANAGEMENT
The Public Works Director or designee shall represent the City in all matters pertaining to the administration of this Agreement.
5. PAYMENT
A. The City agrees to pay Contractor monthly, in accordance with the fee schedule set forth in Exhibit B, attached hereto and incorporated herein by this reference. This amount shall not exceed $7,500 monthly, excepting extra work and emergency call-out services as set forth in Exhibit B.
B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in 2 advance and in writing by the City Manager or designee. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the City and Contractor at the time the City’s written authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual Services performed.
Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's Services or fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days’ prior written notice. Upon receipt of said notice, Contractor shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Contractor the actual value of the Services performed up to the time of termination, unless the City disputes any of the Services performed or fees. Upon termination of the Agreement pursuant to this section, Contractor will submit an invoice to the City pursuant to Section 5.
7. DEFAULT OF CONTRACTOR
If the City determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Contractor a written notice of the default. Contractor shall have seven (7) days after service of said notice to cure the default. In the event that Contractor fails to cure the default within such period of time or fails to present the City with a written plan for the diligent cure of default if such default cannot be cured within seven days, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. The City shall also have the right to offset against the amount of any fees due to Contractor any costs incurred by the City as a result of Contractor’s default.
8. OWNERSHIP OF DOCUMENTS
A. Contractor shall maintain complete and accurate records with respect to tasks, costs, expenses, receipts, and other such information required by the City that relate to the performance of Services under this Agreement. 3 Contractor shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts or copies therefrom as necessary; and shall allow inspection of all Services, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Contractor hereby grants to the City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Contractor in the course of providing the Services under this Agreement.
9. INDEMNIFICATION AND DEFENSE
A. Indemnity.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and any and all of its officials, officers, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, caused in whole or in part by the acts, errors, or omissions of Contractor, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) in the performance of Services under this Agreement.
B. Duty to Defend.
In the event the City, its officials, officers, employees, agents, and/or volunteers are made a party to any claim, action, lawsuit, or other adversarial proceeding (“Action”) arising from the performance of the Services under this Agreement, whether or not Contractor is named in such 4 Action, and upon demand by the City, Contractor shall defend the City at Contractor’s sole cost, or at the City’s option, to reimburse the City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense.
C. Payment by the City for Services is not a condition precedent to enforcement of this section. Contractor’s duty to defend, indemnify, and hold harmless the City shall not extend to the City’s sole or active negligence. In the event of any dispute between Contractor and the City as to whether liability arises from the sole or active negligence of the City or its officials, officers, employees, agents, and/or volunteers, Contractor will be obligated to pay for the City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including, but not limited to, attorney’s fees, expert fees and costs of litigation.
10. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and made a part of this Agreement.
11. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly independent Contractor and/or independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.
B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City.
The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability 5 Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. The City shall have the right to offset against the amount of any fees due to Contractor under this Agreement as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.
C. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
D. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the City, including but not limited to eligibility to enroll in PERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
12. LEGAL RESPONSIBILITIES
Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. The City and its officials, officers, employees, and agents, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section.
13. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential 6 financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with this Agreement or any Services to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, for Services to be performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without the City's prior written authorization, unless the information is clearly public. Contractor, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives the City notice of such court order or subpoena.
B. Contractor shall promptly notify the City should Contractor, its officers, employees, agents, and/or subcontractors be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Contractor is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Contractor in such proceeding, Contractor agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.
7 16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mail by the United States Postal Service, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: Director of Public Works
COURTESY COPY TO:
City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: Finance Director
To Contractor: Payless Pool Service
11642 Telegraph Road
Santa Fe Springs, CA 90670
Attention: Ron G. Laskodi
17. ASSIGNMENT
Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Before retaining or contracting with any subcontractor for any services under this Agreement, Contractor shall provide the City with the identity of the proposed subcontractor, a copy of the proposed written contract between Contractor and such subcontractor which shall include and indemnity provision similar to the one provided herein and identifying the City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subcontractor carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.
18. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect all licenses required of it by law for the performance of the Services described in this Agreement.
8 19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. AMENDMENTS
Any amendments to this Agreement must be in writing and executed by the parties hereto, or their respective successors and assigns, in order to be valid.
22. NON-EXCLUSIVE AGREEMENT
Contractor acknowledges that the City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
23. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
24. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
9 25. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
26. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
27. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
28. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this Agreement on behalf of the parties warrants and represents that they have the authority to execute this Agreement on behalf of said parties and has the authority to bind the parties to the provisions of this Agreement. 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF SANTA FE SPRINGS CONTRACTOR
____________________________ ____________________________ Annette Rodriguez, Mayor Ron Laskodi
ATTEST:
______________________
Janet Martinez, City Clerk
APPROVED AS TO FORM:
______________________
Ivy M. Tsai, City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Fee Schedule
Exhibit C Insurance Requirements
EXHIBIT A
SCOPE OF SERVICES
The Scope of Services consists of Standard Services for routine weekly cleaning and maintenance of the City’s water features and Special Provisions that are specific to certain water features. All work necessary to perform the cleaning and maintenance services shall be performed in a manner acceptable to the City.
A. STANDARD SERVICES
Weekly Maintenance Services:
1. Inspection of overall system operations, including mechanical, electrical, water and chemical components.
2. Inspection and performance of water analysis, maintenance of proper water levels and water quality.
3. Cleaning of water features to include but not be limited to:
a. Cleaning of baskets, skimmers
b. Cleaning of pump intakes
c. Skimming of water surfaces
d. Brushing and scrubbing of walls and rocks
e. Vacuuming of water features
f. Removal of all accumulated trash and debris
g. Cleaning of vault or equipment room and leaving area in a clean and professional manner
h. Backwashing of sand filters as needed
i. Cleaning and replacing of cartridge filters as needed j. Checking the pH of the water
k. Adding chlorine to the chlorinator for algae and mosquito control
4. Submittal of weekly maintenance reports to the City Municipal Services Yard.
5. Maintaining and monitoring of all timer controllers to City-furnished schedule and making necessary adjustments for “Daylight Savings Time”.
6. Documentation of recommended repairs in writing, as noted on maintenance reports.
B. SPECIAL SERVICES
1. Access to the fountains listed below require Confined Space Entry:
a. Veteran’s Fountain
b. East Entry Fountain
c. West Entry Fountain
d. Villages Fountain
2. All confined space entries will comply with Cal-OSHA standards.
3. Complete water changes at all fountains shall be performed quarterly with proper documentation being forwarded to the Municipal Services Yard.
4. Annual cleaning of the pond at Heritage Park Native American Exhibit shall be performed and shall include removal of any loose rocks during cleaning and checking for cracks in the surface material. At the conclusion of cleaning, rocks shall be placed back into the pond. Pond shall also be filled at that time.
5. Performance of one additional cleaning per week at both the Clarke Estate Entry Fountain and Reflection Pool each Saturday beginning in early March and concluding at the end of November each year. The Saturday water feature cleaning shall be completed before 10:00 a.m. and is in addition to regular weekday cleaning.
6. Repairs are not a part of routine weekly maintenance and will be made at an additional cost to the City.
C. WATER FEATURE NAMES AND LOCATIONS
Water Feature Location
1. Veterans Fountain 11710 Telegraph Road
2. East Entry Fountain Telegraph Road and Laurel Avenue
3. Neighborhood Center, Front 9255 Pioneer Boulevard
4. Heritage Park, Native Amer. Exhibit 12100 Mora Drive
5. Heritage Park, Formal Garden 12100 Mora Drive
6. Heritage Park, Reservoir 12100 Mora Drive
7. Heritage Park, Tank House 12100 Mora Drive
8. Heritage Park Abalone Fountain 12100 Mora Drive
9. Heritage Park, Conservatory 12100 Mora Drive
10. Sculpture Garden, Reflection Pond 10405 Norwalk Boulevard
11. Sculpture Garden, Geyser Fountain 10405 Norwalk Boulevard
12. Sculpture Garden, Founders Plaza 10405 Norwalk Boulevard
13. Food Court Fountain, North 12215 Telegraph Road
14. Food Court Fountain, South 12215 Telegraph Road
15. Heritage Drive, Step Fountain Telegraph Road and Heritage Drive
16. Heritage Drive, Fountain-North Heritage Drive and Slusher
17. Heritage Drive, Fountain-South Heritage Drive and Slusher
18. Heritage Drive, Fountain Heritage Drive and Mora Drive
19. Clarke Estate, Entry Fountain 10211 Pioneer Boulevard
20. Clarke Estate, Reflection Pool 10211 Pioneer Boulevard
21. West Entry Fountain Telegraph Road and Cedardale
22. Villages Fountain Southwest Corner Telegraph Road and Bloomfield
D. WORK SCHEDULES. All work must be accomplished within the hours approved by the City.
The City reserves the right to revise schedules, adjust days and hours of the work, as necessary.
E. CONTRACTOR’S EMPLOYEES
The Contractor shall provide employees with uniforms meeting City approval that have the Contractor’s company name and the employee’s first name clearly displayed on the shirt or a Contractor’s name badge. All uniforms worn by the Contractor’s employees shall be of the same color, material and style. Tee shirts may be worn in certain situations with City approval. The Contractor shall submit to the City representative a list of all employees who are authorized to work within the limits of the City. The Contractor shall employ legally documented residents and shall make every reasonable effort to confirm legal resident status prior to assignment to the City. Failure to comply with this provision shall be grounds for termination of the Agreement, should an award be made.
F. EMERGENCY RESPONSE
The Contractor shall have the ability to provide personnel after normal work hours when an emergency maintenance condition or cleaning service issue may occur. Such work will be performed for additional compensation, unless the emergency cleaning service condition is created as a result of the Contractor’s negligence. The Contractor shall respond within one (1) hour of notification by a City representative.
G. DISPOSAL OF DEBRIS
The Contractor shall promptly dispose of all debris accumulated as a result of maintenance and cleaning services. Disposal of debris shall be performed at no additional cost to the City and shall be considered to be included as part of the Contractor’s services.
H. MODIFICATIONS TO THE SCOPE OF WORK
The City reserves the right to delete one or more water feature locations at any time during the term of the Agreement should the services at that water feature location(s) no longer be required.
EXHIBIT B
FEE SCHEDULE
Water Feature Monthly Fee
1. Veterans Fountain $ 575.00
2. East Entry Fountain $ 600.00
3. Gus Velasco Neighborhood Center Fountain $ 275.00
4. Heritage Park-Native American Exhibit $ 1,000.00
5. Heritage Park-Formal Garden $ 150.00
6. Heritage Park-Reservoir $ 275.00
7. Heritage Park-Tank House $ 150.00
8. Heritage Park-Abalone Fountain $ 150.00
9. Heritage Park-Conservatory $ 150.00
10. Sculpture Garden-Reflection Pond $ 600.00
11. Sculpture Garden-Geyser Fountain $ 200.00
12. Sculpture Garden-Founders Plaza Fountain $ 150.00
13. Food Court Fountain-North $ 225.00
14. Food Court Fountain-South $ 225.00
15. Heritage Drive-Step Fountain $ 200.00
16. Heritage Drive-Fountain North $ 175.00
17. Heritage Drive-Fountain South $ 175.00
18. Heritage Drive Fountain $ 175.00
19. Clarke Estate-Entry Fountain $ 250.00
20. Clarke Estate Reflection Pool $ 700.00
21. West Entry Fountain $ 600.00
22. Villages Fountain $ 500.00
Total Monthly Fees: $ 7,500.00
Total Annually (Total monthly fees x 12 months): $ 90,000.00 Extra Work and Emergency Call-Out Services
Employee: John Francis
Rate: $95.00 per hour, inclusive of all costs for equipment, supplies, and materials.
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Contractor’s indemnification of the City, and prior to commencement of Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If the Contractor maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident for bodily injury or disease).
Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
Other provisions or requirements
Proof of insurance. Contractor shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.
Duration of coverage. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, or Contractor’s agents, representatives, employees or subcontractors.
Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the CIty shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may immediately terminate this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
Enforcement of Agreement provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Contractor agrees to ensure that its subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with contractors, subcontractors, and others engaged in the Services will be submitted to the City review.
The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor’s compensation or come to some other agreement to address the additional cost.
Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.
Timely notice of claims. Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.
City of Santa Fe Springs
City Council Meeting September 6, 2022
Report Submitted By: Noe Negrete Date of Report: September 1, 2022 Director of Public Works
NEW BUSINESS
Lakeview Park Playground Improvements – Approval of Memorandum of Understanding
BACKGROUND
The Little Lake School District (District) and the City of Santa Fe Springs (City) entered into a joint use agreement allowing the City access and use real property belonging to the District for the operation of afterschool childcare facilities and operation and maintenance of park grounds. The District and City now desire to enter into a memorandum of understanding (MOU) for furnishing, constructing and installing new playground equipment and constructing concrete slab improvements for the basketball and handball court area (Project). The District will be the lead agency for Project and will procure all materials, equipment and supplies for the Project. District shall be responsible for managing, supervising and overseeing the design, construction and installation of the Project, which may include coordination with the State Architect. The District shall be responsible for hiring the design professionals for preparation of drawings, plans and specifications. The District will comply with all legal requirements associated with the construction of the Project. District will be responsible for conducting and administering the bidding process for construction, and awarding the construction contract. As the lead agency, District will be responsible for payment of amounts due to the designer, the contractor and other parties under contract with the District for purposes of the Project.
FISCAL IMPACT
The District and City agree that the District shall be solely responsible for issuing payments to all parties under contract with the District for the Project. The total project cost is estimated at $686,000, which includes new playground equipment and surfacing and concrete slab improvements for the basketball and handball court area.
The City agrees to reimburse the District an amount not to exceed $600,000.00 for costs incurred to complete the Project. The Not-to-Exceed Amount represents the maximum amount payable by the City under this MOU and shall not be exceeded except with written authorization from the City. The City has budgeted approximately $585,000 for the Lakeview Park Playground Improvements as part of the 2022-2024 Capital Improvement Plan (CIP). The remaining $15,000 will be funded from the Lakeview Park – Sidewalk Removal and Replacement CIP project that has a budget of $280,000.
RECOMMENDATION
• Approval of Memorandum of Understanding with Little Lake School District: and • Authorize the Mayor to execute Memorandum of Understanding.
ITEM NO. 14
Lakeview Park Playground Improvements –
Approval of MOU Page 2 of 2
Report Submitted By: Noe Negrete Date of Report: September 1, 2022 Director of Public Works
INFRASTRUCTURE IMPACT
The new playground equipment will replace the existing playground that has exceeded its service life. Furthermore, replacement parts are not readily available for repairs, which makes it difficult to keep the equipment in proper condition. In addition, the existing sand playground surfacing will be replaced with artificial turf. Students of Lakeview Elementary School and park patrons will utilize the new playground equipment and concrete improvements.
Raymond R. Cruz
City Manager
Attachments:
1. Memorandum of Understanding
1 MEMORANDUM OF UNDERSTANDING
BETWEEN
LITTLE LAKE CITY SCHOOL DISTRICT
AND
CITY OF SANTA FE SPRINGS
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into this 14th day of September, 2022, by and between the LITTLE LAKE CITY SCHOOL DISTRICT (hereinafter, “District”), a public California school district, and the CITY OF SANTA FE SPRINGS (hereinafter, “City”), a municipal corporation of the State of California. District and City may be referred to herein individually as a “Party” and collectively, as the “Parties.”
RECITALS
WHEREAS, on or about June 26, 1997, the City and the District entered into a joint use agreement (“Joint Use Agreement”), attached hereto as Exhibit “A,” allowing the City to access and use real property belonging to the District for the purpose of operating a before and after school childcare program for school-aged children attending Lakeview Elementary School (“Extended Day Care Services Program”); and
WHEREAS, during the term of the Joint Use Agreement, the City installed a building (“City Facility”), identified in Exhibit “B,” for the interior operation of the Extended Day Care Services Program; and
WHEREAS, on or about May 24, 2018, the Parties executed a ground lease agreement (“Lease Agreement”), attached hereto as Exhibit “C,” granting the City the right to operate and maintain the City Facility and the surrounding exterior areas, identified in Exhibit “D” (the District’s exterior property depicted in Exhibit D is hereinafter referred to as “District Property”); and WHEREAS, under Paragraph 3 of the Lease Agreement, the District granted the City permission to enter upon the District Property to install such additional improvements as may be mutually agreed upon and approved in writing by the duly authorized representatives of the Parties; and WHEREAS, under Paragraph 4 of the Lease Agreement, any structural changes being made to the District Property must be approved by the District’s Governing Board; and WHEREAS, on or about April 6, 2021, the Parties executed Amendment Number One to the Lease Agreement (“Amendment No. 1”), attached hereto as Exhibit “E”, whereby the Parties extended the term of the Lease Agreement through June 30, 2026, to allow for the City’s continued operation of the Extended Day Care Services Program; and WHEREAS, the Parties now wish to enter into the instant MOU for the purpose of constructing and installing new playground equipment and performing surfacing and concrete work 2 (collectively, the “Project”) on the District Property for the mutual benefit and continued joint use of the Parties and City’s Extended Day Care Services Program; and WHEREAS, the District has taken the necessary steps to procure the materials, equipment and supplies, and contract for the Project; and
WHEREAS, the City has offered to provide funding for the Project pursuant to the terms herein; and
WHEREAS, the City and the District desire to work jointly with each other in the planning, construction, maintenance and operation of the Project.
NOW, THEREFORE, in consideration of the terms and provisions set forth herein, the Parties hereby mutually agree as follows:
1. TERM/COMPLETION
This MOU shall be effective as of September 14, 2022, and shall remain in effect until the Project Completion Date, as defined in Section 2, except for obligations expressly identified herein as surviving beyond the termination of this MOU.
2. PROJECT COMPLETION DATE
The Project shall be considered complete (“Project Completion Date”) upon written notification from the District to the City that all on-site construction and commissioning activities have been completed, subject to reasonable verification thereof by the City.
3. TITLE
During the term of this MOU and at all times thereafter, title to the District Property shall remain with the District. For the duration of the Lease Agreement, the City’s use of the District Property and the Project improvements located thereon shall be as a non-exclusive lessee of the District Property, as is more particularly described in this MOU.
4. CONSTRUCTION OF PROJECT
The District shall be responsible for managing and overseeing the design, construction and installation of the Project. The District shall be responsible for hiring the design professionals for preparation of drawings, plans and specifications of the Project; procuring all materials necessary for the Project’s completion; compliance with all legal requirements associated with the construction of the Project; conducting and administering the bidding process for construction; awarding the construction contract; supervision and administration of construction; payment of amounts due to the architect, the contractor and other persons under contract with the District for purposes of the Project; and administration and resolution of any claims or disputes in connection with the design and construction of the Project.
The foregoing notwithstanding, the District shall cooperate with the reasonable requests of the City in order to facilitate the construction and design of the Project. The City shall be entitled to provide input on the Project’s construction and design. 3 The Parties agree and acknowledge that the District shall have the right of final decision in all construction and design matters.
5. PAYMENT FOR PROJECT
The Parties agree that the District shall be solely responsible for issuing payments to all parties under contract with the District for the Project. The City hereby expressly agrees to reimburse the District in an amount not to exceed Six Hundred Thousand Dollars ($600,000.00) (“Not-to-Exceed Amount”) for costs incurred to complete the Project. The Not-to-Exceed Amount represents the maximum amount payable by the City under this MOU and shall not be exceeded except with written authorization from the City.
The District shall issue invoices to the City on a monthly basis for costs incurred to complete the Project. The amount of each invoice submitted to the City shall be based on the compensation, fees and expenses paid by the District to independent contractors working on the Project. Upon request to the District, the City shall have the right to access and review invoices submitted to the District by independent contractors working on the Project for the purpose of corroborating and confirming the amounts invoiced. The City shall issue payment to District within thirty (30) business days after receipt of an invoice from the District.
6. ACCESS TO THE DISTRICT PROPERTY
The Parties acknowledge and agree that, for the duration of the Project, access and use of the District Property may be restricted or prohibited. The District shall notify the City of the dates and times at which the District Property shall be closed to the public for construction (“Closure Date(s)”). The City shall not schedule any events, work, maintenance or other activities on the District Property on any of the Closure Dates and shall take appropriate steps to notify City residents of the closure(s).
In the event the City schedules an event, work, maintenance or other activity at the District Property on a Closure Date, the District shall not be liable for any costs, expenses or losses arising out of or connected with the cancellation of the event, work, maintenance or other activity due to the inaccessibility or unfinished condition of the District Property, or any portion thereof.
During the term of this MOU, the City may enter the District Property to inspect and observe the construction of the Project, provided that the City provide reasonable notice to the District before entering the District Property.
After the Project Completion Date, for the duration of the Lease Agreement, all facilities located upon the District Property, whether owned by the City or the District or others, which are suitable for public use, shall be made available to the public at such times as the use will not interfere with the use of the District’s buildings, grounds or equipment for school purposes or interfere with the regular conduct of school work, and subject to the limitations of Section 5 of the Lease Agreement.
7. MAINTENANCE
The City agrees to maintain, at its own expense, District Property and all the structures and facilities located thereon for the duration of the Lease Agreement. Additionally, the City shall 4 regularly inspect and repair as necessary all improvements and facilities previously renovated or owned by the City. The City shall be responsible for the repair of any damage which may be caused to the facilities located on District Property, whether the facilities are owned by the City or by the District.
8. SUPERVISION AND SECURITY
At all times when the District Property will be open to the public, the City shall be responsible for providing supervision and security at the District Property.
Before permitting any public use of the District Property as provided for in Section 6 of this MOU, the City shall procure and install signage around the District Property stating that the District Property is closed to the public when school is in session and that unauthorized access to the property constitutes criminal trespass under Penal Code, Section 602.8. Signs forbidding trespass shall be at least two feet (2 ft.) by three feet (3 ft.) in size and shall be installed and displayed at intervals of not less than three signs to one mile along all exterior boundaries and at all roads and trails entering the District Property pursuant to Penal Code, Section 602.8(a). The City shall take all necessary steps to assist the District in removing any person trespassing onto the District Property during school hours. In the event an unauthorized person gains access to the District Property during school hours, the City shall be liable for any loss, damage or injury to persons or property arising out of the unauthorized access, with no limitation.
9. CONDUCT ON DISTRICT PREMISES
The City shall, at all times, comply with and abide by all reasonable policies and procedures of the District (or that may be established thereby, from time to time) that pertain to conduct on the District’s premises, possession, or distribution of contraband, or the access to, and security of, the District’s real property or facilities, as available on the District’s website. The City shall exercise due care and diligence to prevent any injury to persons or damage to property while on the District’s premises. The operation of vehicles by the City’s personnel on the District’s property shall conform to posted and other applicable regulations and safe-driving practices. Vehicular accidents occurring on a District’s property and involving the City’s personnel shall be reported promptly to the appropriate District personnel. The City covenants that, at all times during the term, it and its employees, agents, and subcontractors shall comply with, and take no action that results in the City being in violation of, any applicable federal, state, and local laws, ordinances, regulations, and rules. The City’s personnel shall clearly identify themselves as City personnel and not as employees of the District. When on the District premises, the City’s personnel shall wear and clearly display identification badges or tags. The City’s employees shall not smoke, vape, or use profanity or other inappropriate language while on any District property. The City’s employees shall not enter the facility while under the influence of alcohol, drugs, or other intoxicants and shall not have such materials in their possession. The District, at its sole discretion, may require the City to immediately remove any personnel the District deems in violation of these requirements.
5 10. INDEMNIFICATION
To the furthest extent permitted by California law, the City shall indemnify, defend, and hold harmless the District and its Board of Education, officers, agents, representatives, consultants, trustees, volunteers and employees of and from any and all liabilities, claims, debts, damages, demands, suits, actions, loss, costs, expenses, judgments and causes of actions of any kind, nature, or sort directly or indirectly arising out of, connected with, or resulting from the negligent or intentional acts and/or omissions of the City or any of its officers, agents or employees, in performing this MOU, including without limitation the payment of all consequential damages, unless the claims are caused wholly by the sole negligence or willful misconduct of the District.
The City shall further indemnify, defend and hold harmless the District and its Board of Education, officers, agents, representatives, consultants, trustees, volunteers and employees of and from any liability for loss, damage or injury to persons or property (including all property belonging to the District) arising out of the use of the District Property and the Project while under the use, control or operation of the City. The District shall have the right to accept or reject any legal representation that City proposes to defend the District and its Board of Education, officers, agents, representatives, consultants, trustees, volunteers and employees.
To the furthest extent permitted by California law, the District shall indemnify, defend, and hold harmless the City and its officers, agents, employees, consultants and volunteers of and from any and all liabilities, claims, debts, damages, demands, suits, actions, loss, costs, expenses, judgments and causes of actions of any kind, nature or sort directly or indirectly arising out of, connected with, or resulting from the negligent or intentional acts and/or omissions of the District and its Board of Education, officers, agents, representatives, consultants, trustees, volunteers and employees in performing this MOU, including without limitation the payment of all consequential damages, unless the claims are caused wholly by the sole negligence or willful misconduct of the City. The District shall further indemnify, defend and hold harmless the City and its officers, agents, employees, consultants and volunteers of and from any liability for loss, damage or injury to persons or property arising out of the use of the District Property and the Project while under the use, control or operation of the District, except in the event of a trespass or unauthorized access to the District Property as described in Section 8. The City shall have the right to accept or reject any legal representation that the District proposes to defend the City and its officers, agents, employees, consultants and volunteers.
11. INSURANCE
The City and the District shall procure and maintain such general liability, property damage, workers’ compensation and auto liability insurance as is required to protect their interests on the Project, which insurance shall be primary insurance, contributing with and not supplemental to, the coverage that the other Party may carry. Upon request, each Party shall provide the other Party with a certificate of insurance and originals of endorsements naming the other Party as an additional insured.
6 12. GOVERNING LAW AND VENUE
This MOU shall be governed by and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of California, in the County of Los Angeles. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this MOU shall be maintained in Los Angeles County.
13. AMENDMENT
No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by duly authorized representatives of the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes, or revisions are valid or binding on the District unless expressly authorized by the District in writing and approved by the District’s Governing Board.
14. SUBCONTRACT AND ASSIGNMENT
Neither Party shall assign its rights, duties, or privileges under this MOU, nor shall either Party attempt to confer any of its rights, duties, or privileges under this MOU on any third Party, without the written consent of the other Party.
15. NOTICES
Any notice required to be given by the terms of this document shall be deemed to have been given when the same is personally delivered, or sent by first-class mail, postage prepaid, addressed to the respective Parties as follows:
To: City of Santa Fe Springs
Raymond R. Cruz, City Manager
City of Santa Fe Springs
11710 E. Telegraph Rd
Santa Fe Springs, CA 90670
[email protected]
(562) 868-0511
To: Little Lake City School District
Liz Seymour, Assistant Superintendent of Business
Services
Little Lake City School District
105l5 South Pioneer Blvd.
Santa Fe Springs, CA 90670
[email protected]
(562) 868-8241 ext. 2248
Any notice personally given or sent via email transmission shall be effective upon receipt. Any notice sent by overnight delivery service shall be effective the next business day following the date sent. Any notice given by United States mail shall be effective three (3) days after deposit in the United States mail. At the date of this MOU, the addresses of the Parties are set forth above.
16. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this MOU shall be deemed to be inserted herein and this MOU shall be read and enforced as though it were included therein.
7 17. PRECEDENCE OF MOU OVER ATTACHMENTS AND EXHIBITS
Should there be any ambiguity, inconsistency, discrepancy, or other difference between any attachments or exhibits to this MOU and the terms of this MOU, the terms of this MOU take precedence, govern and be controlling.
18. ENTIRE AGREEMENT
This MOU and any attachments and/or exhibits attached hereto constitute the entire agreement among the Parties to it and supersedes any prior or contemporaneous understanding or agreement with respect to the services contemplated, any may be amended only by a written amendment executed by both Parties to the MOU. In the event an express conflict between the terms of this MOU and the terms of any attachments or exhibits, the terms of this MOU will prevail.
19. SEVERABILITY
If any term, condition, or provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired, or invalidated in any way.
20. NON-WAIVER
The failure of the District or City to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this MOU, shall not be deemed a waiver by that Party or such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition.
21. WAIVER
The waiver by either Party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.
22. CAPTIONS
Paragraph headings in this MOU are used solely for convenience and shall be wholly disregarded in the construction of this MOU. No provision of this MOU shall be interpreted for or against a Party because that Party or its legal representative drafted such provision, and this MOU shall be construed as if jointly prepared by the Parties.
23. SIGNATURE AUTHORITY
Each Party has the full power and authority to enter into and perform this MOU, and the person signing this MOU on behalf of each Party has been properly authorized and empowered to enter into this agreement. In accordance with Education Code section 17604, this MOU is not valid, binding, or an enforceable obligation against the District until approved or ratified by motion of the Governing Board, duly passed and adopted.
8 IN WITNESS THEREOF, the District and the City have executed this MOU as of the dates indicated below.
_____________________________________
Liz Seymour
Assistant Superintendent, Business Services
Little Lake City School District
__________________________
Date
_____________________________________
Annette Rodriguez, Mayor
City of Santa Fe Springs
__________________________
Date
9 EXHIBIT A
Joint Use Agreement
10 EXHIBIT B
Site Plan of City Facility
11 EXHIBIT C
Lease Agreement
12 EXHIBIT D
Site Plan of City Facility and Exterior Extended Day Services Program Usable Area 13 EXHIBIT E
Amendment Number One to the Lease Agreement
City of Santa Fe Springs
City Council Meeting September 6, 2022
Report Submitted By: Noe Negrete Date of Report: September 1, 2022 Director of Public Works
NEW BUSINESS
Town Center Hall Plaza Outdoor Lighting – Issue Purchase Order
BACKGROUND
The Town Center Hall (TCH) Plaza Outdoor Holiday Décor and Lighting project was approved as part of the Fiscal Year 2022/23 budget as a 9000 account, since this is a one-time expense. The TCH Plaza area and walkways are currently illuminated by a globe lighting fixture. The globe lights are inefficient, dated and illuminates a poor lighting distribution. The proposed post top fixtures are modern, and illuminate a higher intensity of lighting along the walkways increasing safety for pedestrians. A pole extension will also be installed to improve lighting and deter vandalism to the light fixture. During the Holidays, decorations are installed on the outdoor lights to commemorate the season.
A total of three quotes were received to provide thirty (30) LED Post Top Fixtures. City staff reviewed the quotes and determined that only one bidder was able to not only provide the fixtures, but also manufacturer the pole top extensions. The low bidder happened to also be low bidder for the providing the fixtures. The low bidder for the project was to Direct Lighting Manufacturing LLC of Ontario, CA, with a bid totaling $31,426.20. The bid quotes received are shown below.
Company Name
Light Fixture
Amount Extension Amount
1. Direct Lighting
Manufacturing LLC $23,138.70 $7,735.00 $31,426.20
2. TNT Lighting
Supplies $23,152.50 No Response No Response
3. Walters Wholesale
Electric Co. $23,576.70 No Response No Response
FISCAL IMPACT
The total estimated cost to purchase the Town Center Hall Plaza Outdoor Lights is $31,500. Staff has already purchased the Holiday Decorations in the amount of approximately $11,000. The project has a budget of $40,000. Therefore, an appropriation in the amount of $2,500 is necessary to complete project funding. Staff requests an appropriation in the amount of $2,500.00 from the General Fund Reserve to 9000 Account.
RECOMMENDATION
• Appropriate $2,500.00 from General Fund Reserve to 9000 account (9003); and • Authorize the Director of Purchasing to issue Purchase Order to Direct Lighting Manufacturing LLC in the amount of $31,426.20 for outdoor plaza lighting.
ITEM NO. 15
TCH Plaza Outdoor Lighting -
Issue Purchase Order Page 2 of 2
Report Submitted By: Noe Negrete Date of Report: September 1, 2022 Director of Public Works
INFRASTRUCTURE IMPACT
The lighting for The Town Center Hall Walkways will be brighter, more cost-efficient and improve safety for pedestrians.
Raymond R. Cruz
City Manager
Attachments:
1. Quote for Outdoor Lights from Direct Lighting Manufacturing LLC
2. Quote for Outdoor Lights from TNT Lighting Supplies
3. Quote for Outdoor Lights from Walters Wholesale Electric Co. “Making you shine, one lumen at a time”
1656 S. Bon View Ste. D Tel: 800.548.4004
Ontario, CA 91761 Fax: 800.296.2794
email: [email protected]
Company: City of Santa Fe Springs From: Art Fuerte
Attn: Mr. Subject: Quote Request
Phone No: Date: 08/31/2022
E-mail: Page 1 of 1
Dear Mr. Meraz
Thank you for your interest.
We’re pleased to quote you herewith our most competitive pricing on the following items:
City Hall Square Existing Pole Top Extension
TYPE ITEM NO. DESCRIPTION QTY Unit Cost Line Total
PTE-3.5’-O238T-BZ Pole Top Extension 3’5” mounted
over 2-3/8” tenon with stainless
steel screws for long life.
28 $250.00ea. $7,000.00
Freight:
Sub-Total:
TAX:
Grand Total:
Included
$7,000.00
$735.00
$7,735.00
**Confidential Quotes between Direct Lighting Sales & City of Santa Fe Springs** **Prices Good thru September 15, 2022**
Thank you once again for your time and consideration. Please feel free to contact me with any questions you may have. Please know that while I strive to provide a solid value for my clients, I may occasionally be underbid. In that event, I welcome the opportunity to counter any legitimate offer.
Lamps and anchor bolts are included unless otherwise noted. Pre-shipment of anchor bolts will be at customer’s expense. All orders are subject to Direct Lighting terms and conditions.
Pricing valid only if ordered in its entirety as quoted.
Thank you,
Art Fuerte
Solution specialist
(O) 800.548.4004
(C) 909.578.8302
(F) 800.296.2794
“Making you shine, one lumen at a time”
1656 S. Bon View Ste. D Tel: 800.548.4004
Ontario, CA 91761 Fax: 800.296.2794
email: [email protected]
Company: City of Santa Fe Springs From: Art Fuerte
Attn: Mr. Subject: Quote Request
Phone No: Date: 08/30/2022
E-mail: Page 1 of 1
Dear Mr. Meraz
Thank you for your interest.
We’re pleased to quote you herewith our most competitive pricing on the following items:
City Hall Square LED Lighting Upgrade
TYPE ITEM NO. DESCRIPTION QTY Unit Cost Line Total
PL-01-130-UV-40KBZ-M-T5High Performance LED Post Top
Fixture, 120 thru 277v, Type V
distribution, CCT tunable 30k,
40K or 50K, Wattage adjustable
45w, 70w, 87w & 130 watts.
30 $698.00ea. $20,940.00
Freight:
Sub-Total:
TAX:
Grand Total:
Included
$20,940.00
$2,198.70
$23,138.70
**Confidential Quotes between Direct Lighting Sales & City of Santa Fe Springs** **Prices Good thru September 15, 2022**
Thank you once again for your time and consideration. Please feel free to contact me with any questions you may have. Please know that while I strive to provide a solid value for my clients, I may occasionally be underbid. In that event, I welcome the opportunity to counter any legitimate offer.
Lamps and anchor bolts are included unless otherwise noted. Pre-shipment of anchor bolts will be at customer’s expense. All orders are subject to Direct Lighting terms and conditions.
Pricing valid only if ordered in its entirety as quoted.
Thank you,
Art Fuerte
Solution specialist
(O) 800.548.4004
(C) 909.578.8302
(F) 800.296.2794
Quote
Date
8/31/2022 083122-1
Name / Address
CITY OF SANTA FE SPRINGS
ATTN: Finance Dept
11710 Telegraph Rd
Santa Fe Springs, CA 90670
USA
Ship To
SANTA FE SPRINGS MUNICIPAL YARD
ATTN: Abel Meraz
12636 Emmens Way
Santa Fe Springs, CA 90670
TNT Lighting Supplies
14632 Carmenita Road
Norwalk, CA 90650
Phone 562 404-3868
Rep
RV
Signature
Total
Subtotal
Sales Tax (10.25%)
Quote #
Qty Item Description Each Total
LOT-DIRECT LTG MFG-SFS Consists of: 30 -- DIR-30-PL-O1-130-UV-40K-BZ-T5 LED POST-TOP
FIXTURE
1 21000.00 21,000.00T
****CUSTOM-MADE FIXTURE. PLEASE VERIFY FIXTURE
OPTIONS PRIOR TO ORDERING. ANY CHANGES WILL RESULT
IN ADDITIONAL COST.****
****ONE SHIPMENT. ONE RELEASE BY MFG.****
****QUOTE VALID FOR 30 DAYS.****
_____________________________________
$23,152.50
$21,000.00
$2,152.50
Subtotal
Shipping Chgs
Amount Due
23576.70
0.00 23576.70
Printed By: CONANT on 8/30/2022 8:34:44 PM EST
Prices listed on this quotation are subject to change without notice beyond expiration date, include only the equipment listed and do not include any sales tax unless noted otherwise. Expiration date does not apply to commodity pricing which may be subject to change after 24 hours. Special order items cannot be cancelled unless the manufacturer permits cancellation.
WALTERS - SANTA FE SPRINGS
11911 HAMDEN PLACE
SANTA FE SPRINGS, CA 90670-3215
562-949-0215
Fax 714-784-1350
QUOTE DATE PAGE NO.
Quotation
QUOTE NUMBER
08/30/2022 S121379495 1 of 1
CUSTOMER NUMBER CUSTOMER PHONE ORDERED BY SALESPERSON
WRITER SHIP VIA TERMS EXPIRATION DATE FREIGHT EXEMPT
ANTHONY D. CONTRERAS
41WALTERSCD70 09/29/2022 ANTHONY D. CONTRERAS MFG DISC 10TH, NET 25TH
172475
ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE
QUOTE TO:
CITY OF SANTA FE SPRINGS
11710 TELEGRAPH ROAD
ATTN FINANCE
SANTA FE SPRINGS, CA 90670-3679
SHIP TO:
CITY OF SANTA FE SPRINGS
11710 TELEGRAPH ROAD
ATTN FINANCE
SANTA FE SPRINGS, CA 90670-3679
No
CUST PO#:
JOB/REL#:
562-868-0511
562-949-0215
562-949-0215
30ea 785.890/ea 23576.70
PL-01-130-UV-40K-BZ-T5
City of Santa Fe Springs
City Council Meeting September 6, 2022
Report Submitted By: Dino Torres Date of Report: August 23, 2022 Department of Police Services
PRESENTATION
Proclaiming September 2022 as “National Preparedness Month”
BACKGROUND
Since 2004, National Preparedness Month is observed each September to raise awareness about the importance of preparing for disasters and emergencies that can occur at any time. Sponsored by the Federal Emergency Management Agency (FEMA), this year’s Ready Campaign theme is “A Lasting Legacy. The life you’ve built is worth protecting. Prepare for disasters to create a lasting legacy for you and your family.” The Ready Campaign is a public education outreach campaign that encourages preparedness through prevention, protection, response and recovery plans. During the month of September, the campaign focuses on a different aspect of preparedness for individuals, families and communities. 2022 Weekly campaign themes include Make a Plan, Build a Kit, Know the Risk of Disasters in your area, and Teach Youth about Preparedness. Citizens are encouraged to visit www.ready.gov for additional emergency preparedness tips and campaign materials.
Please join the City of Santa Fe Springs in recognizing National Preparedness Month 2022 by taking the steps to prepare for emergencies. We encourage our community to create “A Lasting Legacy” by Making a Plan, Building an emergency supply kit, raising awareness and understanding the risks of disasters.
Raymond R. Cruz
City Manager
Attachment:
“National Preparedness Month 2022” Proclamation
RECOMMENDATION
The Mayor may wish to call upon Dino Torres, Director of Police Services, to assist with this presentation.
ITEM NO. 16A
Proclamation, Proclaiming September 2022, as “National Preparedness Month” Page 2 of 2 Report Submitted By: Dino Torres Date of Report: August 23, 2022 Department of Police Services
WHEREAS, National Preparedness Month occurs each September since 2004,providing the City of Santa Fe Springs with an opportunity to promote disaster preparedness and emphasize the importance for citizens to prepare their homes, businesses, and communities for any type of emergency; and
WHEREAS, the Federal Emergency Management Agency selected “A Lasting Legacy.
The life you’ve built is worth protecting. Prepare for disasters to create a lasting legacy for you and your family” as the 2022 National Preparedness Ready Campaign theme; and
WHEREAS, emergencies can occur unexpectedly in any community and actions taken in the initial minutes of an emergency are critical. As such, the City of Santa Fe Springs is dedicated to being connected and engaged with its citizens, and continues to work toward creating a strong and resilient community; and
WHEREAS, the entire City of Santa Fe Springs community can take actions to prepare to respond and recover from any natural or man-made disaster no matter how big or small; and
WHEREAS, community members are encouraged to take proactive steps to protect their family and property by developing a plan for emergencies and disasters that can impact neighborhoods at any time; residents are encouraged to participate in emergency preparedness events and programs, such as the City’s Safe Neighborhood Team Program to learn about emergency response plans, procedures and resources; and WHEREAS, now is the time for people with disabilities to think about personal disaster preparedness and to take steps to get involved, stay informed, make a plan and build a kit that serves your needs.
NOW, THEREFORE, BE IT RESOLVED that I, Annette Rodriguez, Mayor of the City of Santa Fe Springs, do hereby proclaim September 2022 as:
“National Preparedness Month 2022”
in Santa Fe Springs and invite all residents, businesses, and non-profit organizations to be connected, engaged, and prepared in the event of a major emergency or disaster.
DATED this 6th day of September, 2022.
_____________________________
Annette Rodriguez, MAYOR
ATTEST:
_____________________________
Janet Martinez, CITY CLERK
City Council Meeting September 6, 2022
Report Submitted By: Fire Chief Brent Hayward Date of Report: September 1, 2022 Department of Fire-Rescue
City of Santa Fe Springs
PRESENTATION
Introduction of New Santa Fe Springs Department of Fire-Rescue Administrative Assistants
BACKGROUND
Two (2) Administrative Assistant-II positions were filled by the Department of FireRescue May 23rd, 2022. Both positions fill vacancies for the Department and are tasked with specific projects and administrative functions within.
Some areas that they are tasked with include Timecards, Petty Cash, Personnel Files, DMV Recertification for all personnel, Plan Review Counter and permit assistance, public records requests, file review requests, subpoenas, Finance Department processing of invoices, requisitions, and MUNIS support for all financial transactions, processing billing and working with businesses and the department’s Certified Unified Program Agency (CUPA), Paramedic Subscription Program billing and management, grant support, and many other internal programs and needs for the department.
New Santa Fe Springs Department of Fire-Rescue Administrative Assistants Adriana Orozco
Carol Venegas
Raymond R. Cruz
City Manager
RECOMMENDATION
The Mayor may wish to call upon Battalion Chief Chad Van Meeteren to introduce the newest members of the Santa Fe Springs Department of Fire-Rescue Administrative Staff.
ITEM NO. 16B
City Council Meeting September 6, 2022
Report Submitted By: Fire Chief Brent Hayward Date of Report: September 1, 2022 Department of Fire-Rescue
City of Santa Fe Springs
PRESENTATION
Department of Fire-Rescue Presentation of a New Santa Fe Springs Fire-Rescue Vehicle, “Truck 811”
BACKGROUND
On October 8, 2020 the City Council authorized the purchase of a Pierce Arrow XT 100’ Legacy Platform Aerial apparatus from South Coast Equipment Inc., for an amount not to exceed $1,509,809.70.
The design and construction process is time consuming and included department members and mechanics that comprised the “Apparatus Committee” who are deeply involved in the process. Halfway through construction and just before delivery of the apparatus, Pierce Manufacturing hosts up to six (6) members of the committee and they spend several days inspecting the apparatus to ensure the hundreds of design elements are completed to specification.
The new “Truck 811” was placed into service on August 27th at 8:30 pm with the Fire Department tradition of having all members on duty physically “place it in service” by pushing it into the apparatus bay.
The new truck was designed with “clean cab” features, which will help reduce the potential exposure of firefighters to toxic and carcinogenic contaminants that are common in almost all firefighting operations.
Storage compartments for each firefighter’s turnout coat, pants and boots, as well as all self-contained breathing apparatus (SCBA), are provided so that potentially contaminated equipment will not be brought into the passenger area of the vehicle.
A feature of the new truck not commonly seen on the west coast of the United States is the elevated platform affixed to the end of the ladder. This 35-square-foot platform is surrounded by safety railing and will allow firefighters to perform elevated rescues, safely access roofs of taller buildings, transport heavier equipment to elevated locations, and direct water streams onto larger fires.
RECOMMENDATION
The Mayor may wish to call upon Battalion Chief Chad Van Meeteren to introduce the newest front-line apparatus, “Truck 811” to the City and Department of FireRescue.
ITEM NO. 16C
City Council Meeting September 6, 2022
Report Submitted By: Fire Chief Brent Hayward Date of Report: September 1, 2022 Department of Fire-Rescue
City of Santa Fe Springs
The ladder itself is plumbed with pipes that supply two large-capacity nozzles mounted on the front of the platform. When flowing simultaneously, the two nozzles can flow more than 2,000 gallons of water per minute.
Additional equipment on the new truck includes a fire pump rated at 1,500 gallons per minute, a 200-gallon water tank, fire hose and nozzles, six ground ladders of various lengths, the “Jaws of Life” and related equipment for rescuing victims trapped in vehicles, four gasoline-powered saws, two battery-powered ventilation fans, and an assortment of ropes and related hardware for high- and low-angle rope rescue operations.
Fire personnel spent the week of August 22nd training on the operation of the new truck, which assumed the identifier “Truck 811” from its predecessor. Truck 811 will be assigned to Santa Fe Springs Fire Station 1 on Greenstone Avenue.
The 2021 Pierce fire truck is only the fourth aerial ladder truck in the 64-year history of Santa Fe Springs Fire-Rescue. Previous versions include a 1966 Seagrave, 1986 E-One and the 2006 Pierce.
Raymond R. Cruz
City Manager
ITEM NO. 16D
Presentation from Soledad Enrichment Action (SEA)
Get in touch
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Program Coordinator
[email protected]
(323) 541- 3133
Michael Villalobos
Community Health Worker
[email protected]
(213) 453-5881
Our History
SEA empowers youth, families, and
communities in underserved areas
to become self-determined
contributing members of society
by providing guidance, resources,
and support throughout Los
Angeles County. D4
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DMV CA ID Waiver Forms
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The Ink Foundry Program
Veteran Reintegration Services
L.A.H.S.A Los Angeles Homeless Services
Authority Linkages
SEA offers a wide variety of free services and
linkages that meet the needs of the
community:
R E Q U I R E M E N T S
Ages 10+
Be within the boundaries of the
unincorporated areas of Whittier,
Hacienda Heights and Rowland
Heights
Willing to explore alternative
methods of mentoring
Willing to receive resources to
produce positive changes
SEA's Community Health Team (CHT) offers
free supportive services and resources to the
residents living in the unincorporated areas of
the County of Los Angeles. Areas in the County
have high rates of substance abuse, gang
violence, tag bang violence, incarceration rates,
and high rates of unemployment. SEA
collaborated with the LA County Board of
Supervisors for the 1st District, the Honorable
Hilda Solis to confront the crisis that is
plaguing these communities.
The intent of the CHT is to provide additional
avenues and options to the community with
the hopes of reducing violence and crime rates
while preserving the families and steadily
raising the quality of life in the Unincorporated
areas of the County of Los Angeles.
Learn More
L O C A T I O N
East Los Angeles Resource Center
4876 Gleason St.
East Los Angeles, CA 90022
Serving the Unincorporated areas of LA
County Supervisorial District 4
S E R V I C E S O F F E R E D :
City City Council Meeting September 6, 2022
Report Submitted By: Janet Martinez, City Clerk/ Date of Report: September 1, 2022 Fernando Muñoz, Deputy City Clerk
City of Santa Fe Springs
APPOINTMENTS TO COMMITTEES AND COMMISSIONS
Committee Vacancies Councilmember
Historical & Preservation 2 Mora
Historical & Preservation 2 Zamora
Historical & Preservation 1 Rodriguez
Historical & Preservation 3 Martin
Family & Human Svcs 2 Mora
Family & Human Svcs 1 Rodriguez
Parks & Recreation 2 Zamora
Parks & Recreation 2 Sarno
Senior 3 Mora
Senior 2 Zamora
Senior 1 Sarno
Senior 2 Rodriguez
Senior 4 Martin
Youth Leadership Committee 3 Mora
Youth Leadership Committee 3 Zamora
Youth Leadership Committee 2 Sarno
Youth Leadership Committee 3 Rodriguez
Youth Leadership Committee 4 Martin
Applications Received: Adrianne Karnofel applied to the Family and Human Services Advisory Committee.
Recent Actions: Councilmember Mora appointed David Ayala to the Planning Commission, and removed Mark Fresquez from the Planning Commission and appointed him to the Traffic Commission.
Raymond R. Cruz
City Manager
Attachment(s):
1. Prospective Members
2. Committee Lists
ITEM NO. 18
Prospective Members for Various Committees/Commissions
Historical & Community Preservation
Family & Human Services
Adrianne Karnofel
Heritage Arts
Personnel Advisory Board
Parks & Recreation
Planning Commission
Senior Advisory
Sister City
Traffic Commission
Youth Leadership
9:30 a.m., Library Community Room
Qualifications: 18 Years of age, reside or active in the City Membership: 20 Residents appointed by City Council
Council Liaison: Vacant
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Vacant
Guadalupe Placensia
Irma Huitron
Vacant
Zamora Vacant
AJ Hayes
Hilda Zamora*
Vacant
Sarno Jeannette Lizarraga
Mary Arias
Linda Vallejo
Sally Gaitan
Rodriguez Elena Lopez (Boca)*
Vacant
Mark Scoggins
Gloria Maghame
Martin Julie Garcia
Vacant
Vacant
Vacant
HISTORICAL & COMMUNITY PRESERVATION COMMITTEE
Meets the fourth Wednesday of each month
Qualifications: 18 Years of age, reside or active in the City Membership: 15 Residents Appointed by City Council
Council Liaison: Rodriguez
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Vacant
Vacant
Miriam Herrera
Zamora Gaby Garcia
Christina J. Colon
Gilbert Aguirre
Sarno Dolores Duran
Janie Aguirre
Peggy Radoumis
Rodriguez Shamsher Bhandari
Elena Lopez (Boca)*
Vacant
Martin Dolores Romero
Laurie Rios*
Bonnie Fox
*Indicates person currently serves on three committees
Meets the third Wednesday of the month, except Jun., Sept., and Dec., at 5:45 p.m., Gus Velasco Neighborhood Center
5 Social Service Agency Representatives Appointed by the Committee
FAMILY & HUMAN SERVICES ADVISORY
COMMITTEE
HERITAGE ARTS ADVISORY COMMITTEE
Qualifications: 18 Years of age, reside or active in the City Membership: 9 Voting Members
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Maria Salazar-Jaramillo
Zamora AJ Hayes
Sarno William K. Rounds*
Rodriguez Francis Carbajal*
Martin Laurie Rios*
Miriam Herrera
Hilda Zamora*
Gabriel Jimenez
Debbie Baker
Council Liaison Annette Rodriguez
Council Alternate Vacant
Ray Cruz
Maricela Balderas
Wayne Morrell
*Indicates person currently serves on three committees
Chamber of Commerce
Committee Representatives
Meets the Last Tuesday of the month, except Dec., at 9:00 a.m., at the Gus Velasco Neighborhood Center Room 1
6 Non-Voting Members
Family and Human Services Committee
Historical & Comm. Preservation Committee
Planning Commission
City Manager
Director of Community Services
Director of Planning
Council/Staff Representatives
Qualifications: 18 Years of age, reside or active in the City Membership: 25
Council Liaison: Mora
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Joe Avila
Eddie Barrios
William Logan
Ralph Aranda
Kurt Hamra
Zamora Gina Hernandez
Blake Carter
Jimmy Mendoza
Vacant
Vacant
Sarno Vacant
Vacant
Jeannette Lizarraga
Dani Cook
Mark Scoggins
Rodriguez Kayla Perez
Priscilla Rodriguez
Lisa Garcia
Sylvia Perez
David Diaz-Infante
Martin Dolores Romero
Andrea Lopez
Elizabeth Ford
Nancy Krueger
William K. Rounds*
*Indicates person currently serves on three committees
Meets the First Wednesday of the month, except Jul., Aug., and Dec., 6:30 p.m., Town Center Hall, Meeting Room #1
Subcommittee Meets at 5:30 p.m.
PARKS & RECREATION ADVISORY
COMMITTEE
PERSONNEL ADVISORY BOARD
Membership:
Terms:
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Council Angel Munoz
Ron Biggs
Personnel Advisory Board Neal Welland
Firemen's Association Jim De Silva
Employees' Association Johnny Hernandez
\
Meets Quarterly on an As-Needed Basis
Four Years
5 (2 Appointed by City Council, 1 by Personnel
Board, 1 by Firemen's Association, 1 by
Employees' Association)
PLANNING COMMISSION
Qualifications: 18 Years of age, reside or active in the City Membership:
APPOINTED BY NAME
Mora David Ayala
Sarno Johnny Hernandez
Rodriguez Francis Carbajal*
Martin William K. Rounds*
Zamora Gabriel Jimenez
Meets the second Monday of every Month at 4:30 p.m.,
Council Chambers
5 Qualifications: 18 Years of age, reside or active in the City Membership: 25
Council Liaison: Mora
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Paul Nakamura
Astrid Shesterkin
Vacant
Vacant
Vacant
Zamora Hilda Zamora*
Elena Lopez (Boca)*
Josefina Lara
Vacant
Vacant
Sarno Sally Gaitan
Bonnie Fox
Gilbert Aguirre
Vacant
Janie Aguirre
Rodriguez Yoko Nakamura
Linda Vallejo
Vacant
Vacant
Nancy Krueger
Martin Dolores Duran
Vacant
Vacant
Vacant
Vacant
*Indicates person currently serves on three committees
SENIOR ADVISORY COMMITTEE
Meets the Second Tuesday of the month, except Jun., Sep., and Dec., at 9:30 a.m., Gus Velasco Neighborhood Center
TRAFFIC COMMISSION
Membership:
Qualifications: 18 Years of age, reside or active in the City
APPOINTED BY NAME
Mora Mark Fresquez
Sarno Johana Coca
Rodriguez Felix Miranda
Martin Linda Vallejo
Zamora Christina J. Colon
Meets the Third Thursday of every month, at 6:00 p.m., Council Chambers 5 Membership: 20
Council Liaison: Zamora
APPOINTED BY NAME TERM EXPIRES
DEC 31, 2022
Mora Vacant
Jilliana Casillas
Vacant
Vacant
Zamora Joseph Casillas
Vacant
Vacant
Vacant
Sarno Vacant
Aaron D. Doss
Valerie Bojorquez
Vacant
Rodriguez Vacant
Vacant
Vacant
Zulema Gamboa
Martin Vacant
Vacant
Vacant
Vacant
YOUTH LEADERSHIP COMMITTEE
Qualifications: Ages 13-18, reside in Santa Fe Springs
Meets the First Monday of every month, at 6:30 p.m., Gus Velasco Neighborhood Center