Agenda
03-07-2023 AGENDA.PDF
Meeting Materials
MARCH 7, 2023, MEETING VIDEO
03-07-2023 AGENDA PACKET.PDF
1. Documents:
2. Documents:
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AGENDA
REGULAR MEETINGS OF THE SANTA FE SPRINGS
HOUSING SUCCESSOR
SUCCESSOR AGENCY
AND CITY COUNCIL
March 7, 2023
6:00 P.M.
Annette Rodriguez, Councilmember
William K. Rounds, Councilmember
Joe Angel Zamora, Councilmember
Jay Sarno, Mayor Pro Tem
Juanita Martin, Mayor
Council Chambers
11710 Telegraph Road
Santa Fe Springs, CA 90670
You may attend the City Council meeting telephonically or electronically using the following means:
Electronically using Zoom: Go to Zoom.us and click on “Join A Meeting” or use the following link:
https://zoom.us/j/521620472?pwd=U3cyK1RuKzY1ekVGZFdKQXNZVzh4Zz09 Zoom Meeting ID: 521620472 Password: 659847
Telephonically: Dial: 888-475-4499 Meeting ID: 521620472 Public Comment: The public is encouraged to
address City Council on any matter listed on the
agenda or on any other matter within its
jurisdiction. If you wish to address the City
Council, please use the "Raise Hand" function
via Zoom once the Mayor opens Public
Comment during the meeting. You may also
submit comments in writing by sending them to
the City Clerk's Office at
[email protected]. All written
comments received by 12:00 p.m. the day of the
City Council Meeting will be distributed to the
City Council and made a part of the official record
of the meeting. Written comments will not be
read at the meeting, only the name of the person
submitting the comment will be announced.
Americans with Disabilities Act: In compliance
with the ADA, if you need special assistance to
participate in a City meeting or other services
offered by this City, please contact the City Clerk’s
Office. Notification of at least 48 hours prior to the
meeting or time when services are needed will
assist the City staff in assuring that reasonable
arrangements can be made to provide
accessibility to the meeting or service.
Pursuant to provisions of the Brown Act, no
action may be taken on a matter unless it is listed
on the agenda, or unless certain emergency or
special circumstances exist. The City Council
may direct staff to investigate and/or schedule
certain matters for consideration at a future City
Council meeting.
Please Note: Staff reports, and supplemental
attachments, are available for inspection at the
office of the City Clerk, City Hall, 11710 E.
Telegraph Road during regular business hours
7:30 a.m.-5:30 p.m., Monday-Thursday and every
other Friday. Telephone: (562) 868-0511.
City of Santa Fe Springs Regular Meetings March 7, 2023 2 1. CALL TO ORDER
2. ROLL CALL
Annette Rodriguez, Councilmember
William K. Rounds, Councilmember
Joe Angel Zamora, Councilmember
Jay Sarno, Mayor Pro Tem
Juanita Martin, Mayor
3. INVOCATION
4. PLEDGE OF ALLEGIANCE
5. INTRODUCTIONS
HOUSING SUCCESSOR
6. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the Housing Successor.
Minutes of the February 7, 2023 Housing Successor Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
SUCCESSOR AGENCY
7. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the Successor Agency.
Minutes of the February 7, 2023 Successor Agency Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
CITY COUNCIL
8. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the City Council.
a. Minutes of the February 7, 2023 City Council Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
b. Approval of Agreement with VRC Companies, LLC dba File Keepers, LLC for Citywide Document Imaging Services (City Clerk)
Recommendation:
City of Santa Fe Springs Regular Meetings March 7, 2023 3 • Approve and authorize the City Manager to sign the agreement with VRC Companies, LLC dba File Keepers, LLC for citywide document imaging services.
c. Regional Training Group Civilian Assistant Planning Coordinator (Part Time):
Award of Contract (Fire)
Recommendation:
• Authorize the City Manager to enter into a professional services agreement with Fire Support Services, LLC and award a contract for the 2020 State Homeland Security Program grant funded Regional Training Group Civilian Assistant Planning Coordinator (Part Time) position. d. Resolution No. 9851 Waiving the Requirements of Chapter 117 (Oil & Gas) of the Santa Fe Springs Code of Ordinances for Three Unlocated Abandoned Oil Wells at 9920, 9926, 9930, 10002, 10010, 10016, and 10020 Pioneer Blvd, and Related Indemnity Agreement (Planning)
Recommendation:
• Adopt Resolution No. 9851, waiving the requirement of Chapter 117 (Oil & Gas) of the Santa Fe Springs Municipal Code of Ordinance for three unlocated abandoned oil wells at 9920, 9926, 9930, 10002, 10010, 10016, and 10020 Pioneer Boulevard (APN: 8005-010-011); and
• Approve the Indemnity Agreement between the City of Santa Fe Springs (City) and Rexford Industrial – 9920 Pioneer, LLC., to indemnify and release the City of Santa Fe Springs from any and all liability associated with the oil and gas wells (API 04‐037‐16134, API 04‐037‐16398, API 04‐037‐16399, API 04‐037‐16129, API 04‐037‐16130, API 04‐037‐16138, and API 04‐037‐ 16139), located on property at 9920, 9926, 9930, 10002, 10010, 10016, and 10020 Pioneer Boulevard (APN: 8005-010-011); and
• Authorize the Mayor or designee to execute an Indemnity Agreement between the City of Santa Fe Springs and Rexford Industrial – 9920 Pioneer, LLC.
e. Resolution No. 9854 - Request for Parking Restrictions during Certain Hours on Matern Place north of Telegraph Road (Public Works)
Recommendation:
• Adopt Resolution No. 9854 to implement a parking restriction between the hours of 6:00 p.m. and 5:00 a.m. on the west side of Matern Place from a point 370′ north of Telegraph Road to a point 630′ northerly and implement a tow-away zone within the same limits for vehicles that violate the restriction as requested by the adjacent business.
f. Residential Streets Improvements South of Florence Avenue (Triangle) and Longworth Ave (Orr & Day to Harvest Ave) – Award of Contract (Public Works) Recommendation:
• Accept the bids; and
• Award a contract to R.J. Noble Company of Orange, California in the City of Santa Fe Springs Regular Meetings March 7, 2023 4 amount of $1,485,650.00.
g. Residential Street Improvements Slurry Seal 2022 – Final Payment (Public Works) Recommendation:
• Approve the Final Payment to Doug Martin Contracting Co. Inc. of La Habra, California, for $97,003.73 (Less 5% Retention) for the subject project. h. Los Nietos Park Parking Lot Improvements – Award of Contract (Public Works) Recommendation:
• Appropriate an additional $584,000.00 from the Utility Users Tax (UTT) Capital Improvements Fund to the Los Nietos Park Parking Lot Improvements (PW200101);
• Accept the bids; and
• Award a contract to L.M.T. Enterprises, Inc. dba Tyner Paving Company of Alhambra, California, in the amount of $603,068.70.
i. Resolution No. 9852 – Ordering the Preparation of the Engineer’s Report for Fiscal Year 2023/24 in Conjunction with the Annual Levy of Assessments for Heritage Springs Assessment District No. 2001-01 (Hawkins Street and Palm Drive) (Public Works)
Recommendation:
• Adopt Resolution No. 9852, ordering the preparation of the Engineer’s Report for Fiscal Year 2023/24 in conjunction with the annual levy of assessments for Heritage Springs Assessment District No. 2001-01 (Hawkins Street and Palm Drive).
j. Resolution No. 9853 – Ordering the Preparation of the Engineer’s Report for Fiscal Year 2023/24 in Conjunction with the Annual Levy of Assessments for Street Lighting District No. 1 (Public Works)
Recommendation:
• Adopt Resolution No. 9853, ordering the preparation of the Engineer’s Report for Fiscal Year 2023/24 in conjunction with the annual levy of assessments for Street Lighting District No. 1.
k. Amendment Number One to Professional Services Agreement with Southstar Engineering and Consulting, Inc. for Interim Public Works Director/City Engineer Services (City Manager)
Recommendation:
• Approve and authorize the Mayor to execute Amendment Number One to Professional Services Agreement with Southstar Engineering and Consulting, Inc.
OLD BUSINESS
9. Traffic Study – Orr and Day Road at Whiteland Street (Public Works) Recommendation:
• Consider the installation of a traffic signal at the intersection of Orr and City of Santa Fe Springs Regular Meetings March 7, 2023 5 Day Road and Whiteland Street in order to eliminate sight distance impairments; or
• Add the Orr and Day Road at Whiteland Street signal project to the Capital Improvement Plan; or
• Appropriate $600,000 from the Utility Users Tax (UUT) Capital Improvement Fund to fund the Orr and Day Road at Whiteland Road signal project.
NEW BUSINESS
10. Adopt Resolution No. 9855 Opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act (Finance)
Recommendation:
• Adopt Resolution No. 9855 Opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act.
11. PRESENTATIONS
a. Introduction of New Santa Fe High School Football Coach Ryan Bateman (City Manager)
b. Proclamation – Proclaiming the Month of March 2023 as “Women’s History Month” (City Clerk)
12. PUBLIC COMMENTS This is the time when comments may be made by members of the public on matters within the jurisdiction of the City Council, not on the agenda. The time limit for each speaker is three minutes unless otherwise specified by the Mayor.
13. CITY MANAGER’S AND EXECUTIVE TEAM REPORTS
14. APPOINTMENTS TO BOARDS, COMMITTEES, COMMISSIONS
15. COUNCIL COMMENTS
16. ADJOURNMENT I, Janet Martinez, City Clerk for the City of Santa Fe Springs, do hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted at the following locations; City’s website at www.santafesprings.org; Santa Fe Springs City Hall, 11710 Telegraph Road; Santa Fe Springs City Library, 11700 Telegraph Road; and the Town Center Plaza (Kiosk), 11740 Telegraph Road, not less than 72 hours prior to the meeting. 3/2/23
Janet Martinez, CMC, City Clerk Date Posted
.
AGENDA
REGULAR MEETINGS OF THE SANTA FE SPRINGS
HOUSING SUCCESSOR
SUCCESSOR AGENCY
AND CITY COUNCIL
March 7, 2023
6:00 P.M.
Annette Rodriguez, Councilmember
William K. Rounds, Councilmember
Joe Angel Zamora, Councilmember
Jay Sarno, Mayor Pro Tem
Juanita Martin, Mayor
Council Chambers
11710 Telegraph Road
Santa Fe Springs, CA 90670
You may attend the City Council meeting telephonically or electronically using the following means:
Electronically using Zoom: Go to Zoom.us and click on “Join A Meeting” or use the following link:
https://zoom.us/j/521620472?pwd=U3cyK1RuKzY1ekVGZFdKQXNZVzh4Zz09 Zoom Meeting ID: 521620472 Password: 659847
Telephonically: Dial: 888-475-4499 Meeting ID: 521620472 Public Comment: The public is encouraged to
address City Council on any matter listed on the
agenda or on any other matter within its
jurisdiction. If you wish to address the City
Council, please use the "Raise Hand" function
via Zoom once the Mayor opens Public
Comment during the meeting. You may also
submit comments in writing by sending them to
the City Clerk's Office at
[email protected]. All written
comments received by 12:00 p.m. the day of the
City Council Meeting will be distributed to the
City Council and made a part of the official record
of the meeting. Written comments will not be
read at the meeting, only the name of the person
submitting the comment will be announced.
Americans with Disabilities Act: In compliance
with the ADA, if you need special assistance to
participate in a City meeting or other services
offered by this City, please contact the City Clerk’s
Office. Notification of at least 48 hours prior to the
meeting or time when services are needed will
assist the City staff in assuring that reasonable
arrangements can be made to provide
accessibility to the meeting or service.
Pursuant to provisions of the Brown Act, no
action may be taken on a matter unless it is listed
on the agenda, or unless certain emergency or
special circumstances exist. The City Council
may direct staff to investigate and/or schedule
certain matters for consideration at a future City
Council meeting.
Please Note: Staff reports, and supplemental
attachments, are available for inspection at the
office of the City Clerk, City Hall, 11710 E.
Telegraph Road during regular business hours
7:30 a.m.-5:30 p.m., Monday-Thursday and every
other Friday. Telephone: (562) 868-0511.
City of Santa Fe Springs
Regular Meetings March 7, 2023
2 1. CALL TO ORDER
2. ROLL CALL
Annette Rodriguez, Councilmember
William K. Rounds, Councilmember
Joe Angel Zamora, Councilmember
Jay Sarno, Mayor Pro Tem
Juanita Martin, Mayor
3. INVOCATION
4. PLEDGE OF ALLEGIANCE
5. INTRODUCTIONS
HOUSING SUCCESSOR
6. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the Housing Successor.
Minutes of the February 7, 2023 Housing Successor Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
SUCCESSOR AGENCY
7. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the Successor Agency.
Minutes of the February 7, 2023 Successor Agency Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
CITY COUNCIL
8. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the City Council.
a. Minutes of the February 7, 2023 City Council Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
b. Approval of Agreement with VRC Companies, LLC dba File Keepers, LLC for Citywide Document Imaging Services (City Clerk)
Recommendation:
City of Santa Fe Springs
Regular Meetings March 7, 2023
3 • Approve and authorize the City Manager to sign the agreement with VRC Companies, LLC dba File Keepers, LLC for citywide document imaging services.
c. Regional Training Group Civilian Assistant Planning Coordinator (Part Time):
Award of Contract (Fire)
Recommendation:
• Authorize the City Manager to enter into a professional services agreement with Fire Support Services, LLC and award a contract for the 2020 State Homeland Security Program grant funded Regional Training Group Civilian Assistant Planning Coordinator (Part Time) position. d. Resolution No. 9851 Waiving the Requirements of Chapter 117 (Oil & Gas) of the Santa Fe Springs Code of Ordinances for Three Unlocated Abandoned Oil Wells at 9920, 9926, 9930, 10002, 10010, 10016, and 10020 Pioneer Blvd, and Related Indemnity Agreement (Planning)
Recommendation:
• Adopt Resolution No. 9851, waiving the requirement of Chapter 117 (Oil & Gas) of the Santa Fe Springs Municipal Code of Ordinance for three unlocated abandoned oil wells at 9920, 9926, 9930, 10002, 10010, 10016, and 10020 Pioneer Boulevard (APN: 8005-010-011); and
• Approve the Indemnity Agreement between the City of Santa Fe Springs (City) and Rexford Industrial – 9920 Pioneer, LLC., to indemnify and release the City of Santa Fe Springs from any and all liability associated with the oil and gas wells (API 04‐037‐16134, API 04‐037‐16398, API 04‐037‐16399, API 04‐037‐16129, API 04‐037‐16130, API 04‐037‐16138, and API 04‐037‐ 16139), located on property at 9920, 9926, 9930, 10002, 10010, 10016, and 10020 Pioneer Boulevard (APN: 8005-010-011); and
• Authorize the Mayor or designee to execute an Indemnity Agreement between the City of Santa Fe Springs and Rexford Industrial – 9920 Pioneer, LLC.
e. Resolution No. 9854 - Request for Parking Restrictions during Certain Hours on Matern Place north of Telegraph Road (Public Works)
Recommendation:
• Adopt Resolution No. 9854 to implement a parking restriction between the hours of 6:00 p.m. and 5:00 a.m. on the west side of Matern Place from a point 370′ north of Telegraph Road to a point 630′ northerly and implement a tow-away zone within the same limits for vehicles that violate the restriction as requested by the adjacent business.
f. Residential Streets Improvements South of Florence Avenue (Triangle) and Longworth Ave (Orr & Day to Harvest Ave) – Award of Contract (Public Works) Recommendation:
• Accept the bids; and
• Award a contract to R.J. Noble Company of Orange, California in the City of Santa Fe Springs
Regular Meetings March 7, 2023
4 amount of $1,485,650.00.
g. Residential Street Improvements Slurry Seal 2022 – Final Payment (Public Works) Recommendation:
• Approve the Final Payment to Doug Martin Contracting Co. Inc. of La Habra, California, for $97,003.73 (Less 5% Retention) for the subject project. h. Los Nietos Park Parking Lot Improvements – Award of Contract (Public Works) Recommendation:
• Appropriate an additional $584,000.00 from the Utility Users Tax (UTT) Capital Improvements Fund to the Los Nietos Park Parking Lot Improvements (PW200101);
• Accept the bids; and
• Award a contract to L.M.T. Enterprises, Inc. dba Tyner Paving Company of Alhambra, California, in the amount of $603,068.70.
i. Resolution No. 9852 – Ordering the Preparation of the Engineer’s Report for Fiscal Year 2023/24 in Conjunction with the Annual Levy of Assessments for Heritage Springs Assessment District No. 2001-01 (Hawkins Street and Palm Drive) (Public Works)
Recommendation:
• Adopt Resolution No. 9852, ordering the preparation of the Engineer’s Report for Fiscal Year 2023/24 in conjunction with the annual levy of assessments for Heritage Springs Assessment District No. 2001-01 (Hawkins Street and Palm Drive).
j. Resolution No. 9853 – Ordering the Preparation of the Engineer’s Report for Fiscal Year 2023/24 in Conjunction with the Annual Levy of Assessments for Street Lighting District No. 1 (Public Works)
Recommendation:
• Adopt Resolution No. 9853, ordering the preparation of the Engineer’s Report for Fiscal Year 2023/24 in conjunction with the annual levy of assessments for Street Lighting District No. 1.
k. Amendment Number One to Professional Services Agreement with Southstar Engineering and Consulting, Inc. for Interim Public Works Director/City Engineer Services (City Manager)
Recommendation:
• Approve and authorize the Mayor to execute Amendment Number One to Professional Services Agreement with Southstar Engineering and Consulting, Inc.
OLD BUSINESS
9. Traffic Study – Orr and Day Road at Whiteland Street (Public Works) Recommendation:
• Consider the installation of a traffic signal at the intersection of Orr and City of Santa Fe Springs
Regular Meetings March 7, 2023
5 Day Road and Whiteland Street in order to eliminate sight distance impairments; or
• Add the Orr and Day Road at Whiteland Street signal project to the Capital Improvement Plan; or
• Appropriate $600,000 from the Utility Users Tax (UUT) Capital Improvement Fund to fund the Orr and Day Road at Whiteland Road signal project.
NEW BUSINESS
10. Adopt Resolution No. 9855 Opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act (Finance)
Recommendation:
• Adopt Resolution No. 9855 Opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act.
11. PRESENTATIONS
a. Introduction of New Santa Fe High School Football Coach Ryan Bateman (City Manager)
b. Proclamation – Proclaiming the Month of March 2023 as “Women’s History Month” (City Clerk)
12. PUBLIC COMMENTS This is the time when comments may be made by members of the public on matters within the jurisdiction of the City Council, not on the agenda. The time limit for each speaker is three minutes unless otherwise specified by the Mayor.
13. CITY MANAGER’S AND EXECUTIVE TEAM REPORTS
14. APPOINTMENTS TO BOARDS, COMMITTEES, COMMISSIONS
15. COUNCIL COMMENTS
16. ADJOURNMENT
I, Janet Martinez, City Clerk for the City of Santa Fe Springs, do hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted at the following locations; City’s website at www.santafesprings.org; Santa Fe Springs City Hall, 11710 Telegraph Road; Santa Fe Springs City Library, 11700 Telegraph Road; and the Town Center Plaza (Kiosk), 11740 Telegraph Road, not less than 72 hours prior to the meeting. 3/2/23
Janet Martinez, CMC, City Clerk Date Posted
FOR ITEM NO. 6
PLEASE SEE ITEM NO. 8A
FOR ITEM NO. 7
PLEASE SEE ITEM NO. 8A
City Council Meeting March 7, 2023
Report Submitted By: Janet Martinez, City Clerk/ Date of Report: March 2, 2023 Fernando Munoz, Deputy City Clerk
City of Santa Fe Springs
CONSENT AGENDA
Minutes of the February 7, 2023 City Council Meetings
BACKGROUND
Staff has prepared minutes for the following meetings:
• City Council Meeting of February 7, 2023
Staff hereby submits the minutes for Council’s approval.
Tom Hatch
Interim City Manager
Attachment:
1. February 7, 2023 Meeting Minutes
RECOMMENDATION(S)
• Approve the minutes as submitted.
ITEM NO. 8A
APPROVED:
MINUTES OF THE REGULAR MEETINGS OF THE
CITY COUNCIL
February 7, 2023
1. CALL TO ORDER
Mayor Martin called the meeting to order at 6:00 p.m.
2. ROLL CALL
Members present: Councilmembers/Directors: Rodriguez, Rounds, Zamora, Mayor Pro Tem/Vice Chair Sarno and Mayor/Chair Martin.
Members absent: None.
3. INVOCATION
Invocation was led by Cindy Jarvis.
4. PLEDGE OF ALLEGIANCE
Landon Brossin, student from Santa Fe Springs Christian School led the Pledge of Allegiance.
5. INTRODUCTIONS
The following introductions were made: Diego De Lama, owner for State Farm Insurance and Daniel J. McMillan, CFP, VP Investment from Stifel Financial Corp.
HOUSING SUCCESSOR
6. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.
Any item may be removed from the Consent Agenda and considered separately by the Housing Successor.
Minutes of the January 3, 2023 Housing Successor Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
It was moved by Councilmember Zamora, seconded by Mayor Pro Tem Sarno, to approve the minutes as submitted, by the following vote:
Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None
Absent: None
SUCCESSOR AGENCY
7. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.
Any item may be removed from the Consent Agenda and considered separately by the Successor Agency.
Minutes of the February 7, 2023 Housing Successor, Successor Agency, and City Council Meetings
Minutes of the January 3, 2023 Successor Agency Meetings (City Clerk) Recommendation:
It was moved by Councilmember Rounds, seconded by Councilmember Rodriguez, to approve the minutes as submitted, by the following vote:
Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None
Absent: None
CITY COUNCIL
8. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the City Council.
a. Minutes of the January 3, 11, 18, and 30, 2023 Regular and Special City Council Meetings (City Clerk)
Recommendation:
• Approve the minutes as submitted.
b. A Resolution of the City Council Reaffirming the Existence of a Local Emergency Due to the Threat of COVID-19 (pursuant to Government Code section 8630) (City Attorney)
Recommendation:
• Adopt Resolution No. 9847:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE
SPRINGS, CALIFORNIA, REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE THREAT OF COVID-19.
c. A Resolution of the City Council Affirming Authorization of Remote Teleconference Meetings (City Attorney)
Recommendation:
• Adopt Resolution No. 9848:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE
SPRINGS AFFIRMING THE LEGALLY REQUIRED FINDINGS TO
AUTHORIZE THE CONDUCT OF REMOTE TELECONFERENCE
MEETINGS DURING A STATE OF EMERGENCY.
d. Ordinance No. 1125 – Granting a Franchise to Cardinal Pipeline, L.P. for Maintenance and Operation of Pipelines in City Streets (Public Works) Recommendation:
• Waive further reading and adopt Ordinance No. 1125 granting a franchise to Cardinal Pipeline, L.P.
e. Ordinance No. 1126 – Granting a Franchise to Crimson California Pipeline, L.P. for Maintenance and Operation of Pipelines in City Streets (Public Works) Recommendation:
• Waive further reading and adopt Ordinance No. 1126 granting a franchise to Crimson California Pipeline, L.P.
Minutes of the February 7, 2023 Housing Successor, Successor Agency, and City Council Meetings
f. Betty Wilson Center Roof Replacement – Award of Contract (Public Works) Recommendation:
• Appropriate $150,300 from the Utility Users Tax (UUT) Capital Improvements Fund to the Betty Wilson Center Roof Replacement (PW 230002);
• Accept the bids; and
• Award a contract Chapman Coast Roofing Co., Inc. of Fullerton, California, in the amount of $226,285.00.
g. Residential Concrete Improvements – Award of Contract (Public Works) Recommendation:
• Accept the bids; and
• Award a contract to CT&T Concrete Paving Inc. of Diamond Bar, California, in the amount of $404,030.60.
h. Approval of Parcel Map No. 83238 (Public Works)
Recommendation:
• Approve Tract Map No. 83238;
• Find that Parcel Map No. 83238 together with the provisions for its design and improvement, is consistent with the City’s General Plan; and • Authorize the City Engineer and City Clerk to sign Parcel Map No. 83238. i. Approval of Memorandum of Understanding between Rio Hondo Community College District and the City of Santa Fe Springs for Continuing Education (Community Services)
Recommendation:
• Approve the Memorandum of Understanding between Rio Hondo Community College District and City of Santa Fe Springs for Continuing Education.
• Authorize the Director of Community Services to execute and sign the Memorandum of Understanding between Rio Hondo Community College District and City of Santa Fe Springs for Continuing Education. j. Extend the UCLA Center for Prehospital Care and Santa Fe Springs Fire-Rescue Nurse Educator Services Agreement (Fire)
Recommendation:
• Extend the UCLA Center for Prehospital Care and Santa Fe Springs Department of Fire-Rescue Nurse Educator Services Agreement through October 31, 2026.
k. Resolution No. 9846 – Weed Abatement (City Clerk)
Recommendation:
• Adopt Resolution No. 9846 declaring weeds a public nuisance, declaring its intention to remove them, and setting Tuesday, February 21, 2023 as the date for the Public Hearing.
l. Quarterly Treasurer’s Report of Investments for the Quarter Ended December 31, 2022 (Finance)
Minutes of the February 7, 2023 Housing Successor, Successor Agency, and City Council Meetings
Recommendation:
• Receive and file the report.
m. General Motion to Waive Full Reading and Read Ordinance by Title Only Pursuant to California Government Code Section 36934 (City Clerk) Recommendation:
• Approve a general motion to waive full reading and read Ordinance titles only, pursuant to California Government Code Section 36934. n. Approval of Memorandum of Agreement Regarding Service as Acting City Manager on A Short Term/Temporary Basis (City Attorney) Recommendation:
• Approve and authorize the Mayor to execute the Memorandum of Agreement Regarding Service as Acting City Manager on A Short Term/Temporary Basis.
It was moved by Mayor Pro Tem Sarno, seconded by Councilmember Zamora, to approve Item Nos. 8A through 8N, by the following vote:
Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None
Absent: None
PUBLIC HEARING
9. State of California Citizens’ Option for Public Safety (COPS) Grant Program (Police Services)
Recommendation:
• Open the Public Hearing;
• Receive any comments from the public wishing to speak on this matter and thereafter close the Public Hearing; and
• Approve the expenditure of the State of California Citizens’ Option for Public Safety (COPS) grant funds as outlined in the plan contained herein.
Mayor Martin opened the public hearing at 6:05 p.m.
The following persons spoke during public comment: Bruce Crow.
Mayor Martin closed the public hearing at 6:09 p.m.
It was moved by Councilmember Rounds, seconded by Mayor Pro Tem Sarno, to approve the expenditure of the State of California Citizens’ Option for Public Safety (COPS) grant funds as outlined in the plan contained herein, by the following vote:
Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None
Absent: None
NEW BUSINESS
10. Approval of Interim City Manager Employment Agreement (City Attorney) Recommendation:
Minutes of the February 7, 2023 Housing Successor, Successor Agency, and City Council Meetings
• Approve and authorize the Mayor to execute the Interim City Manager Employment Agreement.
Acting City Manager, Travis Hickey provided a brief presentation on Item No. 10. He also introduced Tom Hatch.
Tom Hatch provided a brief summary of his background in the public sector.
It was moved by Councilmember Rounds, seconded by Councilmember Rodriguez, to approve and authorize the Mayor to execute the Interim City Manager Employment Agreement, by the following vote:
Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None
Absent: None
11. Ordinance No. 1127 – Adopting by Reference the 2022 Edition of the California Fire Code (Fire)
Recommendation:
• Introduce by title only and waive further reading of Ordinance No. 1127:
AN ORDINANCE OF THE CITY OF SANTA FE SPRINGS ADOPTING
THE 2022 EDITION OF THE CALIFORNIA FIRE CODE, WITH
AMENDMENTS, BY AMENDING SECTIONS 93.01, 93.03 AND 93.04 OF CHAPTER 93 (FIRE PREVENTION AND PROTECTION) OF THE
SANTA FE SPRINGS MUNICIPAL CODE, AND REPEALING ALL
OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN
CONFLICT THEREWITH.
It was moved by Councilmember Rodriguez, seconded by Mayor Pro Tem Sarno, to introduce by title only and waive further reading of Ordinance No. 1127, by the following vote:
Ayes: Rodríguez, Rounds, Zamora, Sarno and Martin
Nayes: None
Absent: None
12. PRESENTATIONS
Introduction of Administrative Assistant II, Leslie Alvarado (Finance/HR)
13. PUBLIC COMMENTS
The following persons spoke during Public Comments: Lee Squire and Bruce Crow.
14. CITY MANAGER’S AND EXECUTIVE TEAM REPORTS
• Acting City Manager, Travis Hickey spoke attending the Whittier Union High School District Meet and Greet. He spoke about the upcoming “Team Spirit Day” on February 10. He also provided a brief summary of the sales tax statistics for the City. He introduced the new Interim Director of Public Works, Yvette Kirrin and provided a brief summary of her background. Lastly, he thanked Council for appointing him to the acting city manager position. • Interim Director of Public Works, Yvette Kirrin provided a brief update on the Los Nietos Park Playground Improvement project. The project was completed Minutes of the February 7, 2023 Housing Successor, Successor Agency, and City Council Meetings
on February 2, 2023 and there will be a ribbon cutting opening on Saturday, February 18, 2023.
• Director of Planning, Wayne Morrell spoke in regards to the City of Santa Fe Springs Promenade. He demonstrated social media comments that were posted in regards to people’s memories with the promenade when it was called the Santa Fe Springs Griffith Center. He spoke about upcoming businesses this year such as KFC, La Michoacana Ice Cream, Crazy Tokyo Sushi, Tempo Collection and others.
• Director of Police Services, Dino Torres spoke about the Emergency Management Training that took place on Wednesday, January 25, 2023. He also spoke about the Facility Med Packs that were recently added at all city facilities. There will also be training for staff to be able to use the materials provided in the boxes.
• Fire Chief, Chad Van Meeteren spoke about SFS Fire hosting a regional training drill for Urban Search and Rescue.
• Finance Manager, Lana Dich spoke about the City hosting a Summer Hiring Expo on Saturday, February 25, 2023 from 9am to 1pm at Town Center Hall.
Lastly, she spoke about an upcoming voicemail system update to replace the now defunct call pilot system that serviced the City’s phone system. • Director of Community Services, Maricela Balderas spoke about the Library’s First Friday with Sgt. Peppers, a local tribute band. She recapped the Older Adult’s Valentine’s Dance and the Valentine’s Adaptive Recreation Dance. She spoke about the upcoming Aquatics Community Engagement meeting on February 15, 2023 and about the Los Nietos Park Playground Improvements.
Lastly, she promoted the upcoming Penny Carnival on Monday, February 20, 2023.
15. APPOINTMENTS TO BOARDS, COMMITTEES, COMMISSIONS
No appointments were made.
16. COUNCIL COMMENTS
Councilmember Rodriguez spoke in regards to Lee Squire’s flyer he distributed to Council. She welcomed Tom Hatch and also emphasized his background on Human Resources and looks forward to interchanging ideas. She thanked Travis Hickey for stepping in as Acting City Manager and also thanked staff for putting together the special meeting that took place last week regarding the aquatic center project. Lastly, she welcomed everyone to attend the Women’s Club “Quartermania” on Sunday.
Councilmember Rounds acknowledged Director Morrell’s presentation regarding the previous shopping center. He spoke about Yvette Kirrin and her work. He welcomed Tom Hatch and stated the city will continue moving forward. He noted that he met Tom at Lastly, he acknowledged Travis Hickey for taking on the role of Acting City Manager.
Councilmember Zamora welcomed Tom Hatch and Yvette Kirrin to the City. He acknowledged all staff for their work. He reported on attending the ICA meeting and noted that they emphasized discussions on topics such as domestic violence. Lastly, he noted that city representatives were encouraged to be close with public safety.
Minutes of the February 7, 2023 Housing Successor, Successor Agency, and City Council Meetings
Mayor Pro Tem Sarno welcomed Tom Hatch and Yvette Kirrin to the City, he acknowledged their commitment and their experience. He also recognized the Fire Department. He noted that he attended the recognition dinner and thanked the people that attended today as they are part of the event. He thanked Director Torres for “Coffee with the Cops” event. He recognized Rick Brown for working alongside local schools.
Lastly, he encouraged the community to attend the aquatic center community workshop that is scheduled on February 15, 2023.
Mayor Martin acknowledged both public speakers Lee Squire and Bruce Crow. She noted that the City will always support the police department. She thanked Travis Hickey for stepping in as Acting City Manager. She welcomed Tom Hatch to the City. Lastly, she spoke about the aquatic center community meeting and encouraged everyone to attend to share their ideas. She noted that the City will seek grants to assist in funding the project.
17. ADJOURNMENT
Mayor Martin adjourned the meeting in memory of Gloria Lara and Virginia Carrillo at 6:58 p.m.
_____________________
Juanita Martin
Mayor
ATTEST:
_____________________
Janet Martinez Date
City Clerk
City Council Meeting March 7, 2023
Report Submitted By: Janet Martinez, City Clerk Date of Report: March 2, 2023 City of Santa Fe Springs
CONSENT AGENDA
Approval of Agreement with VRC Companies, LLC dba File Keepers, LLC for Citywide Document Imaging Services
BACKGROUND
On October 4, 2022, the City Council approved the Request for Proposal (RFP) for citywide document imaging services. We received five (5) proposals, all of them had impressive qualifications, however, one of them met all of staff’s needs, which was File Keepers for the following reasons:
• Experience formatting scanned documents for Laserfiche • Capability of scanning documents 600 DPI
• Location near City Hall
• No annual fee
• Capability of sharing immediate scanned files via box.com • Secured storage of records
• Room temperature controlled storage
• Experience working with various cities that have similar projects/documents Due to the condition of the documents in Fire, Planning and Public Works, it is vital that the records are handled carefully and stored in a room temperature controlled location while being scanned due to the condition they are currently in. There are Plan sheets, tissue paper records, and other records that are beginning to fade and it is necessary to have a company that has experience working with such plans.
FISCAL IMPACT
The City Clerk’s Office allocated $70,000 for Fiscal Year 2022-23 for document imaging services.
LEGAL REVIEW
The City Attorney’s office has reviewed the agreement.
Tom Hatch
Interim City Manager
Attachment:
1. Agreement
RECOMMENDATION
• Approve and authorize the City Manager to sign the agreement with VRC Companies, LLC dba File Keepers, LLC for citywide document imaging services.
ITEM NO. 8B
CITY OF SANTA FE SPRINGS
PROFESSIONAL SERVICES AGREEMENT
WITH
VCR COMPANIES, LLC DBA FILE KEEPERS, LLC
This Professional Services Agreement (“Agreement”) is made and effective as of March 7, 2023 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and VCR Companies, LLC dba File Keepers, LLC, a Delaware limited liability company (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until the services described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the services described and set forth in the City’s Request for Proposals attached hereto as Exhibit A and Consultant’s Proposal attached hereto as Exhibit B, both incorporated herein as though set forth in full (“Services”). To the extent that Exhibit B is a proposal from Consultant and contains provisions inconsistent with this Agreement, the provisions of this Agreement shall govern.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement.
4. CITY MANAGEMENT
The Interim City Manager or designee shall represent the City in all matters pertaining to the administration of this Agreement, including review and approval of all products submitted by Consultant.
5. PAYMENT
A. City agrees to pay Consultant monthly, [in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks]. This amount shall not exceed seventy thousand $70,000 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant 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 advance and in writing by [the City Manager] or designee. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual Services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Consultant's Services or fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefor.
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 Consultant at least ten (10) days’ prior written notice. Upon receipt of said notice, Consultant 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 Consultant 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, Consultant will submit an invoice to the City pursuant to Section 5.
7. DEFAULT OF CONSULTANT
If the City determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Consultant a written notice of the default. Consultant shall have seven (7) days after service of said notice to cure the default. In the event that Consultant 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 Consultant any costs incurred by the City as a result of Consultant’s default.
8. OWNERSHIP OF DOCUMENTS
A. Consultant 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. Consultant 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. Consultant 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 Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant'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. Consultant 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 Consultant in the course of providing the Services under this Agreement.
9. INDEMNIFICATION AND DEFENSE
A. Indemnity.
To the fullest extent permitted by law, Consultant 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 Consultant, its officers, agents, employees, or subconsultants (or any agency or individual that Consultant 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 Consultant is named in such Action, and upon demand by the City, Consultant shall defend the City at Consultant’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. Consultant’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 Consultant 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, Consultant 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. Consultant 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
Consultant 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. Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant 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 Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall secure, at its sole
expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant 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. Consultant further agrees to indemnify and hold the City harmless from any failure of Consultant 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 Consultant under this Agreement as a result of Consultant’s failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.
C. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subconsultants, 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, Consultant and any of its employees, agents, and subconsultants 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 CalPERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
12. LEGAL RESPONSIBILITIES
Consultant 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. Consultant 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 Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant 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
financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, 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 Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, 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 Consultant gives the City notice of such court order or subpoena.
B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants 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 Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant 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 Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. 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.
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: City Manager
To Consultant: File Keepers, LLC
6277 Slauson Avenue
Los Angeles, CA 90040
Attention: Juan Avila, President
17. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only the Project Team shall perform the Services described in this Agreement, unless otherwise agreed to by City. Consultant shall provide City fourteen (14) days' notice prior to the departure of any member of the Project Team from Consultant's employ. Should he/she leave Consultant's employ, City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual Services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and Consultant. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide the City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant 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 subconsultant 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, Consultant shall have in full force and effect all licenses required of it by law for the performance of the Services described in this Agreement.
19. GOVERNING LAW
The City and Consultant 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
Consultant acknowledges that the City may enter into agreements with other consultants 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.
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.
29. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this Agreement by electronic signatures or electronic transmittal of signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
[Signatures appear on the following page.]
[If Consultant is a corporation, two signatures are required: Signature 1 – the Chairperson of the Board, the President, or any Vice President; Signature 2 – the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer (Corp. Code § 313).]
CITY OF SANTA FE SPRINGS CONSULTANT
____________________________ ____________________________ Tom Hatch, Interim City Manager Juan Avila, President
Date: ______________________ Date: _______________________ ATTEST: CONSULTANT
__________________________ ____________________________ Janet Martinez, City Clerk Name: ______________________ Title: _______________________
Date: _______________________
APPROVED AS TO FORM:
_________________________
Ivy M. Tsai, City Attorney
Attachments: Exhibit A Request for Proposals
Exhibit B Proposal
Exhibit C Insurance Requirements
EXHIBIT A
REQUEST FOR PROPOSALS
City of Santa Fe Springs
City Clerk’s Office
REQUEST FOR PROPOSAL (RFP)
DOCUMENT IMAGING AND QUALITY CONTROL SERVICES
October 2022
2 INTRODUCTION
The City of Santa Fe Springs (“City”), has documents stored on site and off site with Certified a Records storage company. Records at both locations are starting to deteorate due to the age of the documents. The City has attempted to scan a few documents, however, has not had the proper equipment, training, staff or time to conduct quality control and continue to scan the remaining documents. The City currently has an electronic management system Laserfiche that allows us to store and search records. Therefore, the City is seeking to complete the scan of citywide documents and have them stored in our Laserfiche.
SCOPE OF SERVICES
PROJECT DESCRIPTION
The City of Santa Fe Springs (“City”), is soliciting proposals from highly-qualified vendors to provide document imaging services for:
• Planning Department
• Building Division
• Fire Department
• Public Works
• City Clerk’s Office
• Finance Department
• All City Departments on an as-needed basis
Currently there is no policy in place that identify scanned records as true and exact copies of original. All records scanned need to be returned to its original location. 3 LIST OF APPROXIMATE RECORDS
DEPARTMENT/LOCATION TYPE OF RECORD APPROX. #
Fire
Inspection Reports, Pictures,
etc. (8 ½ 11 Size Paper)
Flat and Folded plans
Rollled plans
Large Digital Photos
30 Filings Cabinets
Banker Boxes
12 1/2H x 16 5/16W x 10
1/2D
4-Drawer vertical file
cabinet 52H x 18W x
26.5D
Public Works
Flat and folded City plans 4 x 3 ft
Project files
Misc. Doc. In 3- Ring Binders
Minute Books
Misc. Records in Banker Boxes
13 Filing Cabinets
4-Drawer filing cabinets
Planning
Flat and Folded plans
Rollled plans
Large Digital Photos
Misc. Records in Banker Boxes
38 Filings Cabinets
4-Drawer Filing Cabinets
3-Drawer Filing Cabinets
City Clerk
Resolutions in 3- Ring Binders
Deeds, Ordinances
(Legal Size Paper)
Misc. Records in Banker Boxes
Records in Minute Books
7 Filing Cabinets
4-Drawer Filing Cabinet
Finance
8 ½ X 11 Size Records
(Business License documents &
other misc.)
3-Ring Binders of Bonds
Microfiche Payroll records
One Filing Cabinet
4-Drawer Filing Cabinet
5 Binders
All Departments Records
Stored Off-Site
8 ½ X 11 Size Records
Legal Size Paper
Flat and Folded plans
Rollled plans
2,000 + Records
In Banker Boxes
4 FIRE DEPARTMENT
PUBLIC WORKS DEPARTMENT
5 PLANNING DEPARTMENT
CITY CLERK’S OFFICE
6 File Folders may contain flat and folded documents of varying sizes and large format drawing/plan rolls will vary in size from under an inch to 12” or more in diameter. Proposers may assume that most paper records are in good condition.
The following criteria must be met:
Standards
• Any and all City documents in the possession of the proposer must be stored in a climate controlled safe and secure location.
• The city must have access to all documents outsourced for scanning upon request, with a hard copy or electronic file provided within 24 hours. • All scanning, indexing and Quality Assurance (“QA”) must be performed in California. • Resolution – 600dpi
• File type Single or Multi Page – PDF, TIFF, JPEG
• Duplex scan documents to capture both front and back of document where needed • Images must be oriented correctly for viewing
• Image Clean-up: the scanned document should be de-skewed and de-speckled, blank pages and black borders removed and background suppression where the image will be enhanced by such processes
• Manual image quality adjustments and QA of every image for clarity, quality, cut-offs or compression errors
• Documents indexed with up to 10 fields. Indexing sources may include scan sheets, file folders, and/or image verification
• Indexing and image information in XML and CSV format (documentation and sample available upon request)
• All scan dimensions must be the same size as the original document • Images are to be provided on an archival quality DVD that cannot be altered or changed • OCR all content with guarantee of 99.5% accuracy on images Quality Control
The City’s expectation is for a high level of quality control for images and indexing. Contractor’s quality control measures shall meet the following criteria for all images:
• Images are of the same or better quality than the original • All documents are to be scanned in the same order they exist in paper form • All images are accurately labeled and indexed
• Visual inspection of each image, making quality adjustments as needed • The City shall perform a QA of images and associated indexing. If the City discovers unacceptable images, the Contractor, at no additional cost to the City will correct all such unacceptable images.
7 Pickup/Return of Documents
• Contractor must provide a “pickup slip” or other document as proof of pick-up, to be signed by the Contractor staff and City staff
• Contractor must pick-up and return original documents in its original state (stapled, bound, rolled, etc.). They City is willing to discuss a process of retaining the images as the original document and having the hardcopy files destroyed after the requirements set by state law are met. With this process, re-assembly of documents would not be required. • Unless specified otherwise, the contractor must return original documents after scanning, and provide a “return slip” or other document as proof of return, to be signed by the Contractor staff and City staff. Outside of returned boxes scanned must be clearly marked “Scanned” and the date scanning was completed.
• Standard expected turnaround time is three weeks.
• Boxes that have been scanned shall be clearly marked “Scanned” and the date scanning was completed on the outside of the returned boxes.
Scanning Process
• Contractor is to provide a test run prior to commencing project. Test sample size is to be determined. Project will not continue until City has signed off quality and job performance of test.
• Contractor is to enhance any “low quality” images that are determined, by the contractor, to have enough quality to produce a readable digital image. • Contractor to add an image stating “Poor Quality Original” to any image that contains unreadable text or graphics. Stamp is only to be used after 2 scan attempts to improve quality and is not to be used as a substitute for through and accurate scanning. If this is necessary, the contractor must relay this to the City.
Delivery of Images
• Delivered images will be a format that can be imported directly into Laserfiche, including any indexing, metadata, and OCR text. The documents should require no post processing by the City other than the importing of the data. • Provide images on an archival CD/DVD that cannot be altered or changed • Deliver images in agreed upon format and within agreed upon timelines • Provide report of documents scanned
8 Term of Agreement
A. Completion of this project will be no later than April 1, 2023. However, the City may grant additional hours for services related to this project.
GENERAL TERMS AND CONDITIONS
PROPOSALS SUBMITTALS
Proposals must be received by Wednesday, November 9, 2022, at 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances. Proposals Submittals will be received electronically via email.
The RFP shall include the following:
Cover sheet stating the following:
· Company/Vendor Name
· Name of Representative
· Contact telephone and email
· Signature
· Title
· Date
Vendor’s resume
Cost Proposal Sheet
Three references
All proposals must contain an original signature by an authorized officer of the company.
POINT OF CONTACT
This RFP is issued by the City Clerk’s office and will be the sole point of contact (“Point of Contact”) during the RFP submission and procurement process. Communication initiated by respondents to this RFP with members of the City Council, officers, personnel, or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification.
Any inquiry or request during this submission or procurement process shall be submitted in writing to the following Point of Contact:
City of Santa Fe Springs
Attention: Janet Martinez, City Clerk
11710 Telegraph Road
Santa Fe Springs, CA 90670
(562) 868-0511
Email: [email protected]
9 PROPOSAL EVALUATION
• Qualifications and experience
• Methology should include the steps taken by the contractor to ensure all documents are tracked, scanned, indexed and quality checked to the City standards, and seamlessly integrated into Laserfiche
• Demonstrated understanding of the services requested
• Cost
TIME OF COMPLETION
The Contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within 30 days. In case the services under the terms of these provisions and related purchase contract shall be necessarily delayed because of a strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful Vendor, the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between Vendor and the City.
PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to the City of Santa Fe Springs
Attn: City Clerk’s Office
11710 Telegraph Road
Santa Fe Springs, CA 90670
Payment will be made within thirty (30) days after acceptance and approval of the invoice.
SCOPE OF CONTRACT
The Vendor shall provide all services necessary as per the Scope of Service described in this RFP.
AWARD OF CONTRACT
The contract resulting from this RFP will be awarded to the responsive and responsible Vendor whose proposal, conforming to the requirements of the RFP, is determined to be the lowest responsible bidder (“Best Value” as described in the Federal Transit Administration Circular 4220.1F). No agreement shall exist until the City Council or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
· Accept all or any part of the proposal;
· Reject any or all Proposals for any reason;
· Waive any informality or minor errors to the extent permitted by law; · Award the Agreement as the interest of the City may require; · Cancel the entire RFP; or
· Issue subsequent RFP’s.
10 CONFIDENTIALITY AND PUBLIC RECORD
All Vendors are hereby put on notice that each proposal received shall become the exclusive property of the City and, unless the City’s prior written agreement to maintain all or part of a proposal confidential as a trade secret is first obtained, each proposal shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act. The City shall not in any way be liable or responsible for the disclosure of any proposal or portions thereof absent such agreement; nor shall such agreement preclude the City from disclosing any proposal or portion thereof where such disclosure is required by law.
COMPANY PERSONNEL
It shall be the burden of the successful Vendor to ensure all personnel possesses qualifications and/or experience. All personnel required in performing the services herein shall be secured at the expense of the successful Vendor. Personnel shall not be employees of or have any contractual relationship with the City. Successful Vendor’s personnel shall conduct themselves in a professional manner to all City employees at all times. Rude or discourteous behavior by the successful Vendor will not be tolerated and the offense can be justification for termination of the contract. All sub-Vendors of successful Vendor shall abide by all the requirements outlined in this section.
11 EXHIBIT A
REFERENCES
At Least Three (3) References
Project city/agency/other:
Address:
Phone number and email:
Contact person:
Description of Contract (Please include
contract value, award date, the term of the
contract, and description of work):
Project city/agency/other:
Address:
Phone number and email:
Contact person:
Description of Contract (Please include
contract value, award date, the term of the
contract, and description of work):
Project city/agency/other:
Address:
Phone number and email:
Contact person:
Description of Contract (Please include
contract value, award date, the term of the
contract, and description of work):
EXHIBIT B
AGREEMENT
CITY OF SANTA FE SPRINGS
PROFESSIONAL SERVICES AGREEMENT
WITH
__________________________
This Professional Services Agreement (“Agreement”) is made and effective as of ________________ (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and ________________, a [sole proprietorship/partnership/limited liability partnership/corporation] (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on [Insert date] and shall remain and continue in effect until the services described herein are completed, but in no event later than [Insert date] unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the services described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full (“Services”). Consultant shall complete the Services according to any schedule of performance set forth in Exhibit A. To the extent that Exhibit A is a proposal from Consultant and contains provisions inconsistent with this Agreement, the provisions of this Agreement shall govern.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement.
4. CITY MANAGEMENT
[The City Manager] or designee shall represent the City in all matters pertaining to the administration of this Agreement, including review and approval of all products submitted by Consultant.
5. PAYMENT
A. City agrees to pay Consultant monthly, [in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks]. This amount shall not exceed [Insert amount]
dollars ($__.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant 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 advance and in writing by [the City Manager] or designee. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual Services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Consultant's Services or fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefor.
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 Consultant at least ten (10) days’ prior written notice. Upon receipt of said notice, Consultant 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 Consultant 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, Consultant will submit an invoice to the City pursuant to Section 5.
7. DEFAULT OF CONSULTANT
If the City determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Consultant a written notice of the default. Consultant shall have seven (7) days after service of said notice to cure the default. In the event that Consultant 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 Consultant any costs incurred by the City as a result of Consultant’s default.
8. OWNERSHIP OF DOCUMENTS
A. Consultant 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. Consultant 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. Consultant 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 Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant'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. Consultant 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 Consultant in the course of providing the Services under this Agreement.
9. INDEMNIFICATION AND DEFENSE
A. Indemnity.
To the fullest extent permitted by law, Consultant 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 Consultant, its officers, agents, employees, or subconsultants (or any agency or individual that Consultant 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 Consultant is named in such Action, and upon demand by the City, Consultant shall defend the City at Consultant’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. Consultant’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 Consultant 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, Consultant 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. Consultant 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
Consultant 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. Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant 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 Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall secure, at its sole
expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant 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. Consultant further agrees to indemnify and hold the City harmless from any failure of Consultant 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 Consultant under this Agreement as a result of Consultant’s failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.
C. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subconsultants, 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, Consultant and any of its employees, agents, and subconsultants 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 CalPERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
12. LEGAL RESPONSIBILITIES
Consultant 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. Consultant 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 Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant 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
financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, 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 Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, 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 Consultant gives the City notice of such court order or subpoena.
B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants 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 Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant 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 Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. 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.
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:
To Consultant: _________________________
_________________________
17. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only _____________ shall perform the Services described in this Agreement, unless otherwise agreed to by City. Consultant shall provide City fourteen (14) days' notice prior to the departure of ____________ from Consultant's employ. Should he/she leave Consultant's employ, City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual Services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and Consultant. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide the City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant 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 subconsultant 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, Consultant shall have in full force and effect all licenses required of it by law for the performance of the Services described in this Agreement.
19. GOVERNING LAW
The City and Consultant 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. SERVICES SCHEDULED/TIME OF COMPLETION
[Note: This section is optional and should be included only when the project is particularly time-sensitive.]
City and Consultant agree that time is of the essence in this Agreement. City and Consultant further agree that Consultant’s failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Consultant agree that any failure to perform by Consultant at or within the times set forth herein shall result in liquidated damages of [Insert amount] dollars ($__.00) per day for each and every day such performance is late or delayed. City and Consultant agree that such sum is reasonable and fair. Furthermore, City and Consultant agree that this Agreement is subject to Government Code section 53069.85 and that each party hereto is familiar with and understands the obligations of Section 53069.85.
22. 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.
23. NON-EXCLUSIVE AGREEMENT
Consultant acknowledges that the City may enter into agreements with other consultants 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this Agreement by electronic signatures or electronic transmittal of signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
[If Consultant is a corporation, two signatures are required: Signature 1 – the Chairperson of the Board, the President, or any Vice President; Signature 2 – the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer (Corp. Code § 313).]
CITY OF SANTA FE SPRINGS CONSULTANT
____________________________ ____________________________ Name: ______________________
Title: _______________________
Date: ______________________ Date: _______________________ ATTEST: CONSULTANT
__________________________ ____________________________ Janet Martinez, City Clerk Name: ______________________ Title: _______________________
Date: _______________________
APPROVED AS TO FORM:
_________________________
Ivy M. Tsai, City Attorney
Attachments: Exhibit A Services
Exhibit B Fee Schedule
Exhibit C Insurance Requirements
EXHIBIT A
SERVICES
EXHIBIT B
FEE SCHEDULE
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant 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 Consultant 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. [Note: Verify minimum limit for each coverage with Risk Manager.] General liability insurance. Consultant 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 $2,000,000 per occurrence, $4,000,000 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. Consultant 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.
Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
[Note: May need to delete workers' compensation and employer's liability insurance requirements for certain sole proprietorships, partnerships, or corporations without employees.]
Workers’ compensation insurance. Consultant 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).
Consultant 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.
[Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.] Umbrella or excess liability insurance. [Optional depending on limits required].
Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Other provisions or requirements
Proof of insurance. Consultant 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. Consultant 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 Consultant, or Consultant’s agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant 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 Consultant or the City will withhold amounts sufficient to pay premium from Consultant 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 VI (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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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. Consultant 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 Consultant’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. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the City for 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’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. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Consultant 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.
EXHIBIT B
CONSULTANT’S PROPOSAL
6277 East Slauson Avenue | Los Angeles, CA 90040-3011 | Tel 323.728.3133 | Fax 323.728.1349 www.filekeepers.com
Initials:
Revised 2019.03.25
02-23-23
Document Imaging COST Proposal
City of Santa Fe Springs
City Clerk’s Office
City of Santa Fe Springs
Attention: Janet Martinez, City Clerk
11710 Telegraph Road
Santa Fe Springs, CA 90670
Re: DOCUMENT IMAGING AND QUALITY CONTROL SERVICES
Thank you for your interest in FILE KEEPERS and for the opportunity to present this Proposal. The rates quoted are firm for ninety days.
FILE KEEPERS, located less than 5 miles from the City of Santa Fe Springs, will provide a complete solution designed to meet the City’s document management needs, including transportation, secure document storage, scanning, optional certified shredding services (NAID) as well as formatting the scanned images/metadata for seamless integration with your existing Laserfiche system.
Why FILE KEEPERS is the company best qualified to handle this project for the CITY OF SANTA FE SPRINGS:
• File Keepers currently provides Scanning/Imaging, Storage and Shredding services for dozens of Cities in the area including the following:
o City of LONG BEACH
o City of INGLEWOOD
o City of SANTA CLARITA
o City of SANTA MONICA
o City of FONTANA
o City of MONTEBELLO
o City of HERMOSA BEACH
• File Keepers has been awarded a Citywide Contract for Scanning/Imaging services for many of the Cities in the area including the City of Long Beach working with the following departments:
1. Energy Resources
2. City Clerk’s Office
3. Human Resources
4. Public Works
5. Attorney’s Office
6. Auditor’s Office
7. Workers Comp
8. Police Department
9. Public Works – Private Development
10. Housing Authority – Department of Health & Human Services • FILE KEEPERS is the Largest privately held records and information management company of its kind in Southern California and has been in business since 1974. We manage more than 50 Million individually identified items for more than 2,800 Organizations, 24 hours a day, 365 days a year.
• FILE KEEPERS is SOC2 Compliant with state-of-the-art Record Centers and a progressive IT infrastructure. Our employees are HIPAA Certified and have an average tenure of 10 years. As your account manager, I've been in the imaging industry managing large document imaging projects for 20+ years.
• FILE KEEPERS utilize a fleet of Company-Owned Vehicles to securely transport your inventory to one of our Secure Record Centers where your documents are tracked via a powerful Web Portal.
• Once your scanning project is complete, FILE KEEPERS can Store the paper files/boxes for up to 3 months during the Quality Review Period at no additional charge. Upon expiration of the Quality Review Period and written approval by the client, FILE KEEPERS can Shred the inventory and provide a Certificate of Destruction.
6277 East Slauson Avenue | Los Angeles, CA 90040-3011 | Tel 323.728.3133 | Fax 323.728.1349 www.filekeepers.com
Initials:
Revised 2019.03.25
PROJECT PLAN:
FILE KEEPERS will pick up boxes from the CITY OF SANTA FE SPRINGS’s facility from various departments on an on-call basis and securely transport the boxes to File Keepers’ secure Records Center. The boxes will be barcoded prior to pick up to maintain the chain of custody and to ensure that all files are accessible to authorized users throughout the project. Each box will be indexed and tracked based on the box description and the corresponding barcode number. An inventory log/transmittal sheet will be provided to File Keepers for reference. If an authorized user needs access to documents at any time during the project, they will contact FILE KEEPERS’ Order Desk and reference the appropriate barcode number found on the inventory log/transmittal sheet. FILE KEEPERS’ Imaging Team will scan that file immediately and deliver the digital file electronically within 24 hours.
At the completion of the project, the boxes can remain in long term storage at FILE KEEPERS (separate retention Agreement required), be returned to Customer, or be shredded upon written request. If shredded, a Certificate of Destruction will be provided.
SCANNING & INDEXING:
FILE KEEPERS shall perform the services as set forth in the City’s RFP by implementing similar procedures that are currently in place with our existing Citywide clients including the City of Long Beach, City of Santa Monica, City of Fontana, etc. The requirements for the City of Santa Fe Springs are nearly identical including formatting the scanned images and related metadata for seamless integration to their existing Laserfiche system.
• The scanning portion of the project will consist of our team of experienced operators preparing the files, scanning, indexing, performing a quality control review to ensure excellent image quality along with the creation of a digital file (I.e., named multipage PDF files, single page Tiff with LST files, Laserfiche Briefcase or equivalent) for delivery formatted for upload into the City’s existing Laserfiche System. • Each document will be scanned in black & white at up to 600 dpi resolution and saved as TIFF files formatted for upload to Laserfiche.
Regarding the requirements in the RFP to scan at 600 dpi, we are able to scan at 600 dpi but we would recommend scanning at the industry standard of 300 dpi in order to provide the City with the best possible image quality as well as to limit the size of the images. • Each document will be indexed based on the following index fields or equivalent:
o Department
o Document Type
o Primary Index Field (i.e. Permit #, Plan #, Address, Project Name, etc.) o Secondary Index Field (i.e. Permit #, Plan #, Address, Project Name, etc.) A CSV file can be provided by the City to File Keepers to include additional index fields at no additional cost by including the metadata for all required index fields. File Keepers will enter the primary index field and perform a look up to the database to automatically index the remaining fields to ensure 100% accuracy.
Throughout the project, File Keepers will deliver the digital files electronically via box.com formatted for seamless integration with Laserfiche for download by the City of Santa Fe Springs. File Keepers can store the physical boxes for up to 3 months at no additional cost in our secure records center upon request. This will allow the City of Santa Fe Springs’s team adequate time to perform a quality control review of the digital files to insure they are satisfied with the quality of the images. After the 3 months of free storage and quality control period, the boxes can remain in long term storage at FILE KEEPERS (separate retention agreement required), be returned to the City of Santa Fe Springs’s facility, or be shredded upon written request. If shredded, a Certificate of Destruction will be provided.
We would like to invite you and your team to tour our secure Records Center. Please contact me to arrange a time or with any questions you may have. I look forward to working with you on this project.
Sincerely,
Dave Poltl
Digital Sales Executive
File Keepers
SOC2 Type 1 Audited with HIPAA Certified Staff
6277 East Slauson Avenue
Los Angeles, California 90040
(323) 873-4670 – Direct Line
[email protected]
6277 East Slauson Avenue | Los Angeles, CA 90040-3011 | Tel 323.728.3133 | Fax 323.728.1349 www.filekeepers.com
Initials:
Revised 2019.03.25
The “Services” as defined in this Agreement are electronic/digital imaging services provided by the Company as described in this Exhibit. Only those Services selected in the Fee Schedule below (as identified by an indication of a Fee amount in the appropriate table cell for a particular Service) are included as “Services.” This Agreement is binding from March 1, 2023 to March 1, 2024. All prices set forth herein shall be fixed and firm for a period of 1 (one) year commencing from the Effective Date of this “Exhibit A”. Following such date, prices may be increased no more than once annually, by an amount not to exceed the lesser of: (a) eight percent (8%) of the previous annual prices charged, or (b) the previous annual prices charged increased by the most current 12-month percent rate change (non-seasonally adjusted) utilizing the Consumer Price Index for All Urban Consumers (CPI-U) for the City of Los Angeles. For all Services performed under this Agreement, Customer shall pay the Fees and Company shall be compensated pursuant to the Fee rates set forth in the following Fee Schedule:
ITEM DESCRIPTION OF SERVICES QUANTITY UNIT PRICE TOTAL PRICE 1 Pick-Up and Transportation Services
Company shall provide labor & vehicles needed to pick up & transport Customer’s designated inventory of Customer Information from Customer’s place of business referenced in the opening paragraph of this Agreement (or any other location mutually agreed to between the parties) & shall deliver the Customer Information to Company’s Imaging Center.
Each $ 44.95 per Trip +
$2.00 Per CF
TBD
2 Storage of Boxes at File Keepers’ Secure Records Center While the boxes are being processed
Per Box INCLUDED INCLUDED
3 Complete Document Scanning Services including:
• Preparation, Scanning, Indexing and Quality Control for pages up to 11”x17” in size, up to 600 DPI, B&W
Per Image $ .074*
Per Image
TBD
4 Complete Document Scanning Services including:
• Preparation, Scanning, Indexing and Quality Control for pages larger than 11”x17” in size, Large Format Plans, up to 600 DPI, B&W, Per Image $1.24*
Per Image
TBD
5 Special Handling: Per Hour $ 40.00*
Per Hour
TBD
6 Shredding Services – Certified Destruction Services:
Company will shred the customer information document inventory once the images are confirmed acceptable by Customer or Customer may also request that Company return the customer information. In addition, Customer may request that Company stores the customer information; provided that such storage will be for an additional fee and Customer will be required to enter into a separate contract for such storage services.
Per Box $4.00
Per CF
TBD
7 Up to 3 Months of Storage in File Keepers Record Center:
(Quality Control Period after scanning is complete)
Per Box INCLUDED INCLUDED
8 Digital Delivery: Scanned Image Files in encrypted format delivered via company standard method of delivery formatted for seamless integration with the Client’s existing Laserfiche System (I.e., named multipage pdf files, single page Tiffs with LST file).
Per Batch INCLUDED INCLUDED
6277 East Slauson Avenue | Los Angeles, CA 90040-3011 | Tel 323.728.3133 | Fax 323.728.1349 www.filekeepers.com
Initials:
Revised 2019.03.25
*Notes:
1. *The box/page/image volume is an estimate only. The invoice will be based on the actual number of images scanned at the quoted rate per image based on the size of the page/image.
2. *Storage can be provided at a rate of $.50 per CF per month.
A separate agreement is required for this service. (Minimum Monthly Storage fee $25).
3. File Keepers can provide new boxes at a rate of $5.00 per box + tax, upon request.
4. *Regarding item 8, Digital Delivery, a Laserfiche Briefcase, or equivalent can also be provided at a rate of $200 per hour upon request.
5. The images can be OCRed to provide text searchable digital files at a rate of $.005 per image. However, we would recommend you use your existing Laserfiche system to automatically OCR all images that are uploaded to the system to eliminate the additional OCR fee.
6. *The price per image includes standard preparation, scanning, indexing (utilizing a database look up file provided by the client) and quality control outlined in this proposal. A special handling fee of $40 per hour will apply for standard size boxes (1.2cf) that require more than 4 hours to process as well as for the processing of all pages larger than 8.5”x14” in size, etc.
7. *A special handling fee of $40 per hour will apply for items such as poor-quality documents, receipts, torn pages, creation of a box Inventory/Transmittal Report, barcoding of boxes, re-boxing files into new boxes, advanced scanning (Scanning at a higher resolution than the industry standard 300dpi, Auto Color detection enabled for standard size documents and scanning Large format Plans in Color due to color scanning request from the client, scanning specific documents in color/grayscale in order to provide an acceptable quality images, scanning microfilm/microfiche/aperture cards), advanced prep (plans, etc.), additional manual indexing for more than the 4 index fields noted in the above SOW or not included in database look up file, advanced QC, advanced reassembly (plans, replace binders/rebind, restaple, etc.), fragile media, etc.
8. Scanning services will be invoiced monthly based on the services provided during the previous month.
9. File requests during the project will be billed at $35 per file per request plus the standard scanning fee per image. Files will be scanned and delivered electronically securely via box.com or equivalent.
10. Offer is valid through March 31st, 2023.
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant 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 Consultant 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
General liability insurance. Consultant 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. Consultant 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. Consultant 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).
Consultant 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. Consultant 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. Consultant 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 Consultant, or Consultant’s agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant 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 Consultant or the City will withhold amounts sufficient to pay premium from Consultant 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 VI (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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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. Consultant 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 Consultant’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. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the City for 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’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. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Consultant 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.
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF LIABILITY INSURANCE
LOCKTON COMPANIES
3657 BRIARPARK DRIVE, SUITE 700
HOUSTON TX 77042
866-260-3538
VRC Companies, LLC
Dba File Keepers, LLC
6277 E. Slauson Avenue
Los Angeles CA 90040
American Guarantee and Liab. Ins. Co. 26247
American Zurich Insurance Company 40142
Westchester Fire Insurance Company 10030
Zurich American Insurance Company 16535
X
X
1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
X
X X
1,000,000
XXXXXXX
XXXXXXX
XXXXXXX
Auto Liab. Ded. 250,000
X X
X
10,000
10,000,000
10,000,000
XXXXXXX
N
X
1,000,000
1,000,000
1,000,000
B BAP 7780423-01 7/1/2022 7/1/2023
A CPO 7780421-01 7/1/2022 7/1/2023
C AUC 7787112-01 7/1/2022 7/1/2023
D G72530305002 7/1/2022 7/1/2023
B WC 7787107-01 7/1/2022 7/1/2023
7/1/2023
1431734
Y Y
Y Y
Y Y
Y
1/10/2023
19312589
19312589 XXXXXXX
To Whom It May Concern
6277 East Slauson Avenue
Los Angeles CA 90040-3011
Evidence of Insurance
X
See Attachment
If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements:
Blanket Ongoing Additional Insured endorsement (CG 20 10 10 01 or CG 20 10 07 04) and Blanket Completed Operations Additional Insured endorsement (CG 20 37 10 01 or CG 20 37 07 04) is included under the General Liability policy# CPO-7780421 per form U-GL-2162-A CW (02/19).
All policies (except Workers’ Compensation/EL) include a blanket automatic additional insured [provision] that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy.
All policies include a blanket automatic waiver of subrogation [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply.
All policies include a blanket notice of cancellation to certificate holders endorsement, providing for 30 days’ advance notice is canceled by the company other for nonpayment of premium, 10 days’ notice if the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation.
Attachment Code: D545428 Master ID: 1431734, Certificate ID: 19312589 City Council Meeting March 7, 2023
Report Submitted By: Fire Chief Chad Van Meeteren Date of Report: March 2, 2023 Department of Fire-Rescue
City of Santa Fe Springs
CONSENT AGENDA
Regional Training Group Civilian Assistant Planning Coordinator (Part Time): Award of Contract
BACKGROUND
The 2020 State Homeland Security Program (SHSP) grant has a performance period of three years and closes for spending in April of 2023. The 2020 grant has awarded funds to hire a part time Regional Training Group Civilian Assistant Planning Coordinator position. The Regional Training Group was established to address the training needs of all twenty-nine (29) fire departments in the greater Los Angeles area.
With the development of the Regional Fire Service Training Strategic Plan, the RTG develops a regional training program for all Los Angeles area fire agencies. The RTG is currently comprised of an Executive Director, an Intelligence Chief and four sworn Fire Service Officers from selected departments, and one RTG Fire Service Training Officer, who oversee the implementation of the Strategic Plan, through six (6) regional training centers that support the plan’s goals and objectives.
The RFP is extensive and requires detailed responsibilities outlining that a successful candidate will assist RTG Personnel with training program and project coordination, and handle routine and advanced duties for RTG business, including organize files, create correspondence, prepare reports and documents, manage calendars to schedule training and appointments, assist the LAAFCA grant administrator as needed, and offer general staff support around managing and distributing information internally and externally. The RFP also describes this position as performing detailed and comprehensive research, collaborate on, develop, and disseminate periodic and regular finished reports, advisories, bulletins, presentations, and briefings for executive and other fire service audiences on relevant fire service issues.
At the conclusion of the February 24th, 2023 deadline for submissions, the Department received two proposals that were evaluated by an independent panel of subject matter experts in six criteria areas:
• Value of Service
• Quality of work and technical capabilities
• References
• Experience and identified scope of work
• Cost of services
• Interview
RECOMMENDATION(S)
• Authorize the City Manager to enter into a professional services agreement with Fire Support Services, LLC and award a contract for the 2020 State Homeland Security Program grant funded Regional Training Group Civilian Assistant Planning Coordinator (Part Time) position.
ITEM NO. 8C
City Council Meeting March 7, 2023
Report Submitted By: Fire Chief Chad Van Meeteren Date of Report: March 2, 2023 Department of Fire-Rescue
City of Santa Fe Springs
The most qualified submittal, based on scoring, that submitted a proposal and evaluated was Fire Support Services, LLC. It is the request from the Department of Fire-Rescue to enter into a Professional Services Agreement with Fire Support Services, LLC.
FISCAL IMPACT
There is no fiscal impact associated with the reward of contract for the Regional Training Group Civilian Assistant Planning Coordinator. The position is fully funded by the 2020 State Homeland Security Grant.
Tom Hatch
Interim City Manager
Attachment(s):
1. Recommendation Letter
2. Agreement
1 February 27, 2023
Dear Chief Van Meeteren,
On behalf of the Los Angeles Area Fire Chiefs Association, (LAAFCA) and the Los Angeles Area Regional Training Group, (RTG), I would like to thank you for Santa Fe Springs Fire Rescue’s continued support of the region’s firefighters.
The RTG continues to strengthen our service to the region’s fire departments through efficient and effective training and partnerships with LAAFCA member agencies. The overall goal of the RTG is to train as one on the basics of all special operations within a common command system which acts as a force multiplier that ramps up resource leverage, actually increasing the capacity of first responders and special teams to handle the most critical work which terrorism or disasters present. Through regionalizing training any emergency is handled more seamlessly thus increasing the fluidity of the operation.
As the RTG responsibilities continue to expand, we reach certain milestones of needing to add members to our team and your willingness to assist the region by hosting the RTG Assistant Planning Coordinator position at this critical time of growth is deeply appreciated. With your support, we are closer to obtaining the vision for regional fire service training by creating and operating a nationally recognized regional training and education program.
As you are aware, the RTG has advertised this position opportunity in the Western Fire Chief’s Daily Dispatch by placing an ad in the Western Division which is distributed in the states of AK, AZ, CA, HI, ID, MT, NV, OR, UT, WA, and the Western Pacific Islands. The position announcement had 335 views within the first day of publication. This advertising was in conjunction with your City’s distribution in the Government Jobs website. We received two RFP submissions from the following contractors:
• Fire Support Services, LLC
• Christopher Alonso
Virtual interviews were scheduled for February 27, 2023. Both contractors were invited to the interview. The interview panel consisted of Burbank Fire Chief Eric Garcia, Downey Fire Chief Dan Hurlock and me, Jim Birrell, RTG Executive Director. Fire Support Services, LLC. Responded and was interviewed at 0900 Hrs. Christopher Alonso did not respond to the request to interview.
Based on the RFP submissions and interview process, the recommendation of this panel is to enter into an agreement for services with Fire Support Services, LLC (Brent Hayward) for the position of RTG Assistant Planning Coordinator.
The following documents are attached to this letter for your file:
• Published RFP & Position Flyer
• RFP Submission by Fire Service Support, LLC
• RFP Submission by Christopher Alonso
• Completed panel interview questions/evaluation sheets. (Signed copies) Respectfully,
Jim Birrell, RTG Executive Director
Los Angeles Area Fire Chiefs Association
Los Angeles Area Regional Training Group
Jim Birrell
CITY OF SANTA FE SPRINGS
PROFESSIONAL SERVICES AGREEMENT
WITH
FIRE SUPPORT SERVICES, LLC
This Professional Services Agreement (“Agreement”) is made and effective as of March 8, 2023 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and Fire Support Services, a California limited liability corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect for a three-year term ending March 8, 2026, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the services described and set forth in the Consultant’s Proposal attached hereto as Exhibit A and incorporated herein as though set forth in full (“Services”). To the extent that Exhibit A and contains provisions inconsistent with this Agreement, the provisions of this Agreement shall govern.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement.
4. CITY MANAGEMENT
The City Manager or designee shall represent the City in all matters pertaining to the administration of this Agreement, including review and approval of all products submitted by Consultant.
5. PAYMENT
A. City agrees to pay Consultant monthly, in accordance with the payment rates and terms as set forth in Exhibit A, based upon actual time spent on the above tasks.
This amount shall not exceed Eighty Thousand dollars ($80,0000.00) per year and Two Hundred Forty Thousand dollars ($240,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant 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 advance and in writing by [the City Manager] or designee. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual Services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Consultant's Services or fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefor.
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 Consultant at least ten (10) days’ prior written notice. Upon receipt of said notice, Consultant 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 Consultant 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, Consultant will submit an invoice to the City pursuant to Section 5.
7. DEFAULT OF CONSULTANT
If the City determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Consultant a written notice of the default. Consultant shall have seven (7) days after service of said notice to cure the default. In the event that Consultant 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 Consultant any costs incurred by the City as a result of Consultant’s default.
8. OWNERSHIP OF DOCUMENTS
A. Consultant 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. Consultant 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. Consultant 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 Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant'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. Consultant 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 Consultant in the course of providing the Services under this Agreement.
9. INDEMNIFICATION AND DEFENSE
A. Indemnity.
To the fullest extent permitted by law, Consultant 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 Consultant, its officers, agents, employees, or subconsultants (or any agency or individual that Consultant 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 Consultant is named in such Action, and upon demand by the City, Consultant shall defend the City at Consultant’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. Consultant’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 Consultant 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, Consultant 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. Consultant 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
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached hereto and made a part of this Agreement.
11. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant 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 Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall secure, at its sole
expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant 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. Consultant further agrees to indemnify and hold the City harmless from any failure of Consultant 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 Consultant under this Agreement as a result of Consultant’s failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.
C. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subconsultants, 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, Consultant and any of its employees, agents, and subconsultants 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 CalPERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
12. LEGAL RESPONSIBILITIES
Consultant 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. Consultant 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 Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant 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
financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, 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 Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, 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 Consultant gives the City notice of such court order or subpoena.
B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants 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 Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant 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 Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. 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.
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:
To Consultant: Fire Support Services, LLC
260 Broadway
Costa Mesa, CA 92627
Attention: Brent Hayward
17. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only Brent Hayward shall perform the Services described in this Agreement, unless otherwise agreed to by City. Consultant shall provide City fourteen (14) days' notice prior to the departure of Brent Hayward from Consultant's employ. Should he leave Consultant's employ, City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual Services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and Consultant. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide the City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant 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 subconsultant 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, Consultant shall have in full force and effect all licenses required of it by law for the performance of the Services described in this Agreement.
19. GOVERNING LAW
The City and Consultant 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
Consultant acknowledges that the City may enter into agreements with other consultants 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.
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.
29. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this Agreement by electronic signatures or electronic transmittal of signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
[If Consultant is a corporation, two signatures are required: Signature 1 – the Chairperson of the Board, the President, or any Vice President; Signature 2 – the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer (Corp. Code § 313).] [Signatures appear on the following page.]
CITY OF SANTA FE SPRINGS CONSULTANT
____________________________ ____________________________ Juanita Martin, Mayor Brent Hayward, CEO
Date: ______________________ Date: _______________________ ATTEST:
__________________________
Janet Martinez, City Clerk
APPROVED AS TO FORM:
_________________________
Ivy M. Tsai, City Attorney
Attachments: Exhibit A Services
Exhibit B Insurance Requirements
EXHIBIT A
SERVICES
REQUEST FOR PROPOSAL
Regional Training Group Civilian Assistant Planning Coordinator (Part Time)
February 23, 2023
SUBMITTED TO:
Chad Van Meeteren, Fire Chief
City of Santa Fe Springs, Fire-Rescue
11300 Greenstone Ave.
Santa Fe Springs, CA 90670
SUBMITTED BY:
Fire Support Services, LLC
260 Broadway
Costa Mesa, CA 92627
Phone: 949-903-4058
[email protected]
TABLE OF CONTENTS
Letter of Transmittal ………………………………………………………………….. 1
Qualifications ………………………………………………………………….. 2
Key Personnel ………………………………………………………………….. 4
References ………………………………………………………….………. 5
Project Work Plan ………………………………………………………………...... 7
Cost Proposal ……………………………………………………………….…..9
Certification …………………………………………………………...…….. 11
260 Broadway
Costa Mesa, CA 92627
Fire Support Services, LLC Phone (949) 903-4058
E-mail: [email protected]
UEI# JCHQMSH6VJW1 CAGE# 9G0R7
260 Broadway
Costa Mesa, CA 92627
Fire Support Services, LLC Phone (949) 903-4058
E-mail: [email protected]
UEI# JCHQMSH6VJW1 CAGE# 9G0R7
This Page Intentionally Blank
1 260 Broadway
Costa Mesa, CA 92627
Fire Support Services, LLC Phone (949) 903-4058
E-mail: [email protected]
UEI# JCHQMSH6VJW1 CAGE# 9G0R7
LETTER OF TRANSMITTAL
Chad Van Meeteren, Fire Chief
City of Santa Fe Springs, Department of Fire-Rescue
11300 Greenstone Ave., Santa Fe Springs, CA 90670
Dear Chief Van Meeteren:
I am pleased to present this proposal in response to your Request for Proposal, Regional Training Group Civilian Assistant Planning Coordinator (Part Time). The present submittal accomplishes the goals set out in the RFP.
Fire Support Services LLC is a California-based Corporation and I am its sole proprietor. As the CEO, I will serve as your primary point of contact. I am confident that my experience and qualifications will benefit the Los Angeles Area Fire Chief’s Association Regional Training Group and assist in its overall mission.
I look forward to discussing my credentials and qualifications with you and am eager to proceed with the next steps in this process should I be selected to do so.
For further information related to this contract, please contact me directly at:
Brent A. Hayward, CEO
Fire Support Services, LLC
260 Broadway
Costa Mesa, CA 92627
Telephone: (949) 903-4058
Email address: [email protected]
I further acknowledge receipt of any and all amendments to this RFP.
Respectfully submitted,
Brent A. Hayward
Brent A. Hayward 2/23/2023
Brent A. Hayward Date
2 260 Broadway
Costa Mesa, CA 92627
Fire Support Services, LLC Phone (949) 903-4058
E-mail: [email protected]
UEI# JCHQMSH6VJW1 CAGE# 9G0R7
2. QUALIFICATIONS
I have thirty-three (33) years of experience working in the city of Santa Fe Springs (SFS) Fire Department in numerous capacities. I began my career in the fire service at the age of 27 after working in the aerospace manufacturing business as a machinist and Numerical Control programmer and operator for ten years, and continued to work in that industry after being hired by Santa Fe Springs for an additional ten years on a prat-time basis. I attended Santa Ana’s 72nd Basic Fire Academy and after graduation, served as an auxiliary Firefighter with SFS Fire. I was hired full-time as a Firefighter in 1990. Working my way through the ranks, I held every position in the department. The last eleven (11) years included five (5) as a Division/Battalion Chief, one (1) year as an Administrative Battalion Chief, and the last five (5) years as the Fire Chief for the Department of Fire-Rescue for the City, two also as the Operational Area “E” Fire Chief/Area Coordinator.
I am very familiar with the Regional Training Group (RTG), and have been involved with the group since its inception. I worked closely with several key members who helped institute the RTG’s Strategic Plan, and helped develop one of the six Regional Training Facilities at Rio Hondo College at 11400 Greenstone Avenue in Santa Fe Springs. My background in the development of the site began in 2001 when I was tasked (based on grant writing classes at Long Beach State University) with writing and being awarded the department’s first Assistance to Firefighter Grant (AFG) award. Since 2001 I have been writing, managing, and working with grants and received additional rewards from the AFG and work annually with the State Homeland Securities Grant Program (SHSP), Urban Areas Securities Initiative Program (UASI), and other public safety grants.
Over this period till present, I have been directly involved with receiving and managing over $20,000,000 in State and Federal awards. I worked closely with the County of Los Angeles and their CEO on grant reimbursement submissions, funding allocations, reimbursement requests, modifications of awards, in-depth grant audits through LA County contracted grant auditors, and have worked with the LA Area Fire Chiefs (LAAFCA) one year as the point person for the LAAFCA Chiefs, developing spreadsheets and gathering information from twenty-nine (29) cities to compile a grant submission for SHSP through LA County to CA State OES.
Having been a Fire Chief with a Regional Training Site, I feel I have a depth of knowledge with the RTG, the LAAFCA Fire Chiefs and understand the needs of both the RTG and the Region.
Additionally, I was involved with the inception and development of the RTG becoming a Joint Powers Authority (JPA). As the Fire Chief, our City was one of the first charter members of this organization and I served as Secretary for the group for two years.
My last five years with the Department as Fire Chief gave me the opportunity to lead a progressive department that has both a State Type-1 Hazardous Materials Team, and a Urban Search and 3 Rescue Team (Also State Certified) the supports Regional Task Force-2, community Paramedic Program, Fire Prevention Bureau, and Environmental Protection Division that is one of 81 Certified Unified Program Agencies (CUPA) in the State of California. Challenging during these more difficult economic times, I managed the department’s $19,000,000 annual budget with a very tight operational budget and with the support of staff and a focus on customer service and firefighter safety, was pleased each of the last five years, to finish each under budget. Key to that also comes from the development of key relationships with the City’s other department heads, City Manager, community organizations, and City Council. Having all these individuals and groups understand what the RTG does for the region and specifically for the City, was one of my goals over my tenure as Fire Chief.
Education
Associate of Arts (AA), General Education, Orange Coast College, Costa Mesa CA Associate of Science (AS), Fire Technology, Rancho Santiago College, Santa Ana, CA
Bachelor of Science (BS), Occupational Studies, CA State University, Long Beach Environmental Waste Management Certificate, Columbia Southern University, Orange Beach, AL
Professional Training and Certifications
* HazMat Specialist * HazMat Technician
* HazMat First Responder Operational * Swift-Water Technician I & II * Rescue Systems I * Con-Space Rescue Awareness
* Trench Rescue * Confined Space Operations
* Rescue Systems II * Tower Rescue Systems
* ICS S-190 (Wildland Fire Behavior) * ICS S-200 (Basic ICS) * ICS S-205 (Urban Interface) * ICS S-231 (Engine Boss) * ICS S-234 (Firing Methods) * ICS S-290 (Fire Behavior/Int) * Firefighter I * Rapid Intervention Crew Tactics
* Training Program Management * FRO – Clandestine Meth Labs * PIO Training * Large Area Search
* Art of Reading Smoke * PowerPoint Lab Training
* No One Left Behind Training * Command Presence Training * Terrorism Consequence Management * Radiological Transport Training Brent A. Hayward 2/23/2023
Brent A. Hayward Date
4 260 Broadway
Costa Mesa, CA 92627
Fire Support Services, LLC Phone (949) 903-4058
E-mail: [email protected]
UEI# JCHQMSH6VJW1 CAGE# 9G0R7
3. KEY PERSONNEL
The key personnel listed in the proposal (and below) will be the sole individual used in the performance of the work. If any of the listed key personnel leave employment or are otherwise not utilized in the performance of the work, approval to substitute must be obtained by the Contractor from the City’s Project Manager. Any substitute shall have the same or a higher standard of qualifications that the key personnel possessed at the time of Contract award.
Key Personnel:
Fire Support Services, LLC
Brent A. Hayward – CEO
260 Broadway
Costa Mesa, CA 92627
(949) 903-4058
Brent A. Hayward 2/23/2023
Brent A. Hayward Date
5 260 Broadway
Costa Mesa, CA 92627
Fire Support Services, LLC Phone (949) 903-4058
E-mail: [email protected]
UEI# JCHQMSH6VJW1 CAGE# 9G0R7
4. REFFERENCES
City of Santa Fe Springs, CA
Mike Crook, Fire Chief
11300 Greenstone Ave.
Santa Fe Springs, CA 90670
(562) 244-5458
[email protected]
Dates: 12/2012 – 12/2017
Oversee grants management, administration, Finance liaison, and Audits Budget management and preparation, personnel administration Regional Training Center – Grant development and administration Battalion Chief responsibilities, Administrative BC (40-hour) for 12 months (2017) City of Whittier, CA
Aaron Ruiz, Police Captain
13200 East Penn St.
Whittier, CA 90602
(562) 567-9200
[email protected]
Dates: 1/2018 – 12/2022
Work cohesively with Police Contract agency and Fire-Rescue on Public Safety Under Council direction, develop public safety plans
Attend public meetings, budget review, staffing model planning for public events Develop Incident Action Plans in coordination with Police and other public safety departments
6 4. REFFERENCES (cont.)
City of Santa Fe Springs, CA
Donna Mack, Finance Analyst
11300 Greenstone Ave.
Santa Fe Springs, CA 90670
(562) 944-9713
Work with City Finance personnel for grant management, grant payments, budgeting, audits (both SHSP, UASI, and City).
Prepare reports for City and grant audits, reports for Council, Reimbursement packages.
Brent A. Hayward 2/23/2023
Brent A. Hayward Date
7 260 Broadway
Costa Mesa, CA 92627
Fire Support Services, LLC Phone (949) 903-4058
E-mail: [email protected]
UEI# JCHQMSH6VJW1 CAGE# 9G0R7
5. PROJECT WORK PLAN
Under the direction of the Executive Director of the RTG/LAAFCA, Fire Support Services, LLC proposes to fulfill the role as an RTG Civilian Assistant Planning Coordinator (RTG CAPC).
The scope of work to be provided includes assisting RTG personnel with training project coordination, and handle routine and advanced duties for RTG business, including organizing files, creating correspondence, preparing reports and documents, managing calendars to schedule training and appointments, assist the LAAFCA grant administrator as needed, and offer general staff support around managing and distributing information internally and externally. Additionally, Fire Support Services LLC will perform detailed and comprehensive research, collaborate on, develop, and disseminate periodic and finished reports, advisories, bulletins, presentations, and briefings for executive and other fire service audiences on relevant fire service issues.
I am very familiar with the RTG strategic plan and understand the direction and leadership needed for the implementation and execution of the LAAFCA/RTG strategic plan. I understand the roles of each member of the RTG and the administrative support that each position requires. As a former Chief with subordinates who were working under the RTG, I understand the collaboration required to work with the RTG and LAAFCA to achieve its goal of training and support to the over 9500 firefighters in the region.
To accomplish the goals of the RTG Regional Fire Service Training Strategic Plan, Fire Support Services, LLC proposes to serve the RTG Civilian Assistant Planning Coordinator position to accomplish the objectives included herein.
Specifically, to accomplish the goals of the position set forth in the RFP, and by the RTG for this position, Fire Support Services, LLC will provide continuity in working with RTG Executive Director and personnel within the broad context of the Training Strategic Plan through the LAAFCA Executive Board. This will be achieved by performing detailed and comprehensive work and collaboration with stakeholders. To this end I will:
Under direction of the RTG Executive Director, provide administrative support in the strategy of the RTGG within the broad context of the Training Strategic Plan. Assist RTG Personnel with training program and project coordination. Handle routine and advanced duties for RG business.
Organize files, create correspondence, prepare detailed reports, and documents related to the RTG.
8 Manage staff calendars to schedule training and appointments. Attend meetings throughout the Los Angeles region and adjoining areas as requested or required.
Assist the LAAFCA Grant Administrator as directed.
Offer general staff support around managing and distributing information both internally and externally.
Assist with other RTG training, research, and administrative tasks as needed. Provide routine written and oral reports of RTG matters. Represent LAAFCA and the RTG in a Professional manner.
Brent A. Hayward 2/23/2023
Brent A. Hayward Date
9 260 Broadway
Costa Mesa, CA 92627
Fire Support Services, LLC Phone (949) 903-4058
E-mail: [email protected]
UEI# JCHQMSH6VJW1 CAGE# 9G0R7
6. COST PROPOSAL
Fire Support Services, LLC has carefully examined the requirements of the RFP to develop its cost proposal. The assumptions presented in this section are intended to help the contracting entity with the anticipated project scope, timing, resources, and financial compensation for this effort.
I welcome the opportunity to work collaboratively with the City of Santa Fe Springs to address any questions or concerns that may arise subsequent to the submittal of this proposal.
Consulting Services Pricing and Assumptions
1) Fire Support Services, LLC is providing a “not to exceed” price to fulfill all the duties and responsibilities associated as a Contractor to assist the Los Angeles Area Fire Chiefs’ Association RTG with Professional Services;
2) This price quote is based on the detailed descriptions and other proposed elements contained and outlined in proposal, including any assumptions and/or clarification therein. 3) Miscellaneous Supply Costs have been estimated in this proposal and included in the detail. 4) Fire Support Services, LLC is amendable to contract extensions, as needed.
Description
Brent A. Hayward, Hourly rate $98.00, overtime rate at 1.5 times hourly rate.
Estimated number of hours per week: 39 hours dependent on project demands and tasks. Upon mutual agreement between Fire Support Services, LLC and the RTG Director, hours may exceed 39 hours per week. Hours exceeding 40 hours per week will be charged at 1.5 times the quoted hourly rate.
Cost proposal does not include mass copying and production of materials for distribution for RTG business. This expense will be at the expense of LAAFCA. Fire Support Services, LLC will provide copies of reports and other written documents at its own expense for the LAAFCA Executive Board and RTG Executive Director.
10 260 Broadway
Costa Mesa, CA 92627
Fire Support Services, LLC Phone (949) 903-4058
E-mail: [email protected]
UEI# JCHQMSH6VJW1 CAGE# 9G0R7
The total price for services proposed by Fire Support Services, LLC described in the Narrative/Technical proposal shall be determined upon mutual agreement between Fire Support Services, LLC and the RTG Director for each twelve-month (12) period. Fire Support Services, LLC shall reserve the option to also submit project milestones for billing in lieu of, or in addition to, hourly rates as they are completed and acknowledged by both parties.
Fire Support Services, LLC is interested and willing to discuss and provide service after this initial term with the option of annual renewals at the discretion of the City and Fire Support Services, LLC.
Fire Support Services, LLC reserves the right to negotiate the price for renewal of this contract after the initial 12-month term based on the City’s satisfaction with Fire Support Services, LLC and available funding sources for this position.
Brent A. Hayward 2/23/2023
Brent A. Hayward Date
11 260 Broadway
Costa Mesa, CA 92627
Fire Support Services, LLC Phone (949) 903-4058
E-mail: [email protected]
UEI# JCHQMSH6VJW1 CAGE# 9G0R7
CERTIFICATION
The undersigned declares this Request for Proposal has been read and agrees and proposes to furnish all necessary labor to provide a complete service as a Contractor to the Los Angeles Area Fire Chief’s Association for Professional Services to the RTG, all in accordance with the terms, conditions, and specifications of the City of Santa Fe Springs RFP, Regional Training Group Civilian Assistant Planning Coordinator (Part Time), in an amount not to exceed $90,000 per annum.
The undersigned hereby certifies that this bid is genuine and not fraudulent or collusive, or made in the interest of or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other Bidders to submit a fraudulent bid, or any other person, firm or corporation to refrain from bidding, and the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other Bidder.
Further, the undersigned also declares under penalty of perjury under the laws of the State of California that representations made in this bid are true and correct to his knowledge.
Brent A. Hayward 2/23/2023
Brent A. Hayward Date
WHITTIER POLICE DEPARTMENT
Proudly Serving Whittier & Santa Fe Springs
13200 Penn Street, Whittier, CA 90602
(562) 567-9200 whittierpd.org
AVIV BAR
CHIEF OF POLICE
February 17, 2023
City of Santa Fe Springs
11300 Greenstone
Santa Fe Springs CA 90670City of Santa Fe Springs,
On behalf of the Whittier Police Department, I would like to take this opportunity to provide a letter of recommendation in support of retired Fire Chief, Brent Hayward. It is myunderstanding he is being considered for a position with the Los Angeles Regional TrainingGroup (RTG) as an administrative support person for the organization.I am very familiar with Brent and Fire Support Services, LLC. As the Captain overseeing the Santa Fe Springs policing contract, Brent and I would routinely collaborate on areas of public safety, attend city council meetings, provide reports and recommendations to council and city management. Brent along with Police Chief Aviv Bar and myself, worked cohesively with our two departments ensuring critical incidents were handled appropriately.
Brent had many responsibilities beyond firefighting. He was tasked with balancing an annual budget, managing department resources, leading fire-rescue personnel and many other itemsrelated to the fire service. His ability as a leader is evident. He consistently demonstrated care, compassion, and dedication to public safety. He cares about the City of Santa Fe Springs, city personnel and the Los Angeles region.
Brent has been responsible for funding resources and managing funding used at the Rio Hondo College Regional Training Center. His efforts are appreciated as many of our members have utilized the training center for in-service training.
I wish him well in the process for consideration to work with RTG and the LA Area Fire Chiefs.
Warmest Regards,
Aaron Ruiz, Captain
Whittier Police Department
562-567-9265
[email protected]
SERVICE TO OR COMMUNITY INTEGRITY RESPONSIBILITY & ACCOUNTABILITY PROFESSIONALISM PRIDE
EXHIBIT B
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant 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 Consultant 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
General liability insurance. Consultant 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. Consultant 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.
Consultant 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. Consultant 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. Consultant 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 Consultant, or Consultant’s agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant 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 Consultant or the City will withhold amounts sufficient to pay premium from Consultant 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 VI (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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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. Consultant 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 Consultant’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. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the City for 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’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. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Consultant 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 Council Meeting March 7, 2023
Report Submitted By: Cuong Nguyen Date of Report: March 2, 2023 Planning and Development
City of Santa Fe Springs
CONSENT AGENDA
Resolution No. 9851 Waiving the Requirements of Chapter 117 (Oil & Gas) of the Santa Fe Springs Code of Ordinances for Three Unlocated Abandoned Oil Wells at 9920, 9926, 9930, 10002, 10010, 10016, and 10020 Pioneer Blvd, and Related Indemnity Agreement
BACKGROUND
On April 13, 2020, the Planning Commission approved Tentative Parcel Map (TPM) No. 82433 and Development Plan Approval (DPA) Case No. 947-949.
The TPM allowed the subject +/- 9.06-acre gross (+/- 8.34-acre net) parcel at 9920-10020 Pioneer Boulevard (APN: 8005-010-011) to be subdivided into two separate parcels measuring 5.08-acres and 3.26-acres, respectively. The three DPAs allowed for the construction of three new concrete tilt-up industrial buildings measuring approximately 103,950 sq. ft. (Building 1), 28,146 sq. ft. (Building 2), and 31,422 sq. ft. (Building 3) on the subject site at 9920-10020 Pioneer Boulevard. It should be noted that an amendment to DPA 948 and 949 was approved by the Planning Commission on February 23, 2022 to allow revisions to the previously-approved development plan for the northerly parcel identified in TPM No. 82433 which includes Building 2 (DPA 948) and Building 3 (DPA 949). The revisions were to help ensure that the two northerly building will not be constructed over existing oil wells, provide increased setbacks and drive aisles to ensure that adequate spacing will be provided and maintained for the ongoing access to nearby oil wells, and to allow the tie-down of secure drilling and workover rigs.
At the August 8, 2019, City Council Meeting, the City Council approved Ordinance No. 1104, which amended the procedures regarding the RECOMMENDATIONS:
• Adopt Resolution No. 9851, waiving the requirement of Chapter 117 (Oil & Gas) of the Santa Fe Springs Municipal Code of Ordinance for three unlocated abandoned oil wells at 9920, 9926, 9930, 10002, 10010, 10016, and 10020 Pioneer Boulevard (APN: 8005-010-011); and
• Approve the Indemnity Agreement between the City of Santa Fe Springs (City) and Rexford Industrial – 9920 Pioneer, LLC., to indemnify and release the City of Santa Fe Springs from any and all liability associated with the oil and gas wells (API 04‐037‐16134, API 04‐037‐16398, API 04‐ 037‐16399, API 04‐037‐16129, API 04‐037‐16130, API 04‐037‐16138, and API 04‐037‐16139), located on property at 9920, 9926, 9930, 10002, 10010, 10016, and 10020 Pioneer Boulevard (APN: 8005-010-011); and • Authorize the Mayor or designee to execute an Indemnity Agreement between the City of Santa Fe Springs and Rexford Industrial – 9920 Pioneer, LLC.
ITEM NO. 8D
Report Submitted By: Cuong Nguyen Date of Report: March 2, 2023 Planning and Development
Resolution No. 9851
abandonment of oil wells. The approved ordinance allows the Director of Planning, in consultation with the Fire Chief, to conditionally authorize issuance of a building and/or grading permit for property that contain any active or abandoned wells, even if the California Geologic Energy Management Division (CalGEM), determines that a well was not abandoned to its current standards.
One of the requirement is to execute and record against the property an environmental release and indemnity agreement providing that the property owner and his assignees, release, indemnify and hold harmless the city against any and all claims, obligations, and causes of action of any kind or nature whatsoever, known or unknown, for personal injury or death, property damage, economic loss, and fines and penalties.
The Owner, Rexford Industrial – 9920 Pioneer LLC, has submitted to the City various technical reports and recommendations relating to the mitigation of potential public health and safety concerns relating to the abandoned oil wells, including the following technical reports:
• CalGEM Construction Site Well Review (CSWR) Report 6303 for Parcel 1: dated August 30, 2021
• CalGEM Construction Site Well Review (CSWR) Report 6304 for Parcel 2: dated August 30, 2021
• Oil Well Site Plan by Walden Associates: dated September 21, 2022 • Revised (Ver. 4) Construction Site well Review Update and Leak Test Reports by Jesse King - R.G., Alexander Marr - P.G., and Leo Rebele of Ramboll Environ: dated October 2022
• Report entitled “RE: 9920-10020 Pioneer Blvd Well Plug and Abandonment Review Under Code Section 117.130 by Steven Coombs of PR Field Services, Inc. and Eric White of Numeric Solutions LLC: dated September 14, 2022
• A Curriculum Vitae (CV) of Steven Coombs.
• A Curriculum Vitae (CV) of Eric White, P.G.
• Cal‐GEM well history of Santa Gertrudes 3 (API 04‐037‐16129) • Cal‐GEM well history of Santa Gertrudes 3A (API 04‐037‐16130) • Cal‐GEM well history of Santa Gertrudes 7 (API 04‐037‐16134) • Cal‐GEM well history of Santa Gertrudes 11 (API 04‐037‐16138) • Cal‐GEM well history of Santa Gertrudes 11A (API 04‐037‐16139) • Cal‐GEM well history of S.G. & J. 1 (API 04‐037‐16398) • Cal‐GEM well history of S. G. & J. 2 (API 04‐037‐16399) According to the CalGEM Construction Site Well Review Report (Report ID:
6303), three abandoned oil and gas wells were identified within the property boundaries at 10002-10020 Pioneer Boulevard (Parcel 1 of TPM 82433), Santa Gertrudes 7 (API 04‐037‐16134), S.G. & J. 1 (API 04‐037‐16398), and S. G. & J. 2 (API 04‐037‐16399). CalGEM Construction Site Well Review Report (Report ID: 6304) further indicates that four abandoned oil wells were identified within the
Report Submitted By: Cuong Nguyen Date of Report: March 2, 2023 Planning and Development
Resolution No. 9851
property boundaries at 9920 – 9930 Pioneer Boulevard (Parcel 2 of TPM 82433), (Santa Gertrudes 3 (API 04‐037‐16129), Santa Gertrudes 3A (API 04‐037‐ 16130), Santa Gertrudes 11 (API 04‐037‐16138), and Santa Gertrudes 11A (API 04‐037‐16139). The reports also indicated that the various wells were not abandoned to CalGEM’s current abonnement requirements as prescribed by law. As a result, CalGEM recommended that these wells be abandoned or reabandoned in compliance with current CalGEM requirements, prior to development on the subject property.
In order to locate the known wells, the Ramboll Environ plotted oil well locations to show the presumed locations relative to existing and planned construction.
Ramboll also plotted potential well locations based on geophysical survey work conducted by Subsurface Surveys, working for Stantec in January 2021. Ramboll has also contracted with GPRS in March 2021, to search for abandoned oil wells, and resultant anomalies were plotted against the surveyed locations. The results show clusters of anomalies for each well, lending confidence to the surveyed locations of the abandoned wells. Lastly, the owner retained KDM Meridian to survey the location of the various plugged and abandoned oil wells using conventional methods, augmented with GPS (Trimble S7 Total Station and Trimble R8 GPS unit).
The Santa Gertrudes 3A, 7, 11, and 11A oil wells were successfully found and exposed. A leak test was also conducted on the Santa Gertrudes 7 on November 15, 2021, and Santa Gertrudes 3A, 11 and 11A on February 17, 2022. Said tests showed that the four wells were not leaking. Results of these leak tests are found in the “Revised (Ver. 4) ‐ Construction Site Well Review Update and Leak Test Reports ‐ Rexford Industrial Property – 9920‐10020 Pioneer Boulevard” by Jesse King ‐ R.G., Alexander Marr ‐ P.G. and Leo Rebele of Ramboll Environ dated October 2022.
The same report detailed the efforts expended to locate the Santa Gertrudes 3, S.G. & J. 1 and S.G. & J. 2. The former was drilled within the footprint of the proposed development, but never reached the depths of the hydrocarbon bearing formations. The well was abandoned in such a manner that neither Cal‐ GEM nor the Owner could find the wellhead. The Owner was therefore unable to perform a leak test on the Santa Gertrudes 3. The Owner was also unable to locate the S.G. & J. 1 and S.G. & J. 2 wells. The excavations made to locate these wells did find evidence of wells and the wellbores are evidently located east of the property boundary. The Owner was therefore unable to perform leak tests on these two wells.
Based on the documents and findings mentioned above, the Owner informed the City that the Santa Gertrudes 3 well was not able to be located, and the S.G. & J. 1 and S.G. & J. 2 wells were not located within the subject property. To confirm the owner findings, the City had its oil and gas expert, Evans & Walker, review
Report Submitted By: Cuong Nguyen Date of Report: March 2, 2023 Planning and Development
Resolution No. 9851
the aforementioned documents and other documents provided by the Owner.
Evans & Walker determined that the owner has expended great effort in attempting to locate the Santa Gertrudes 3, S.G. & J. 1 and S.G. & J. 2 wells, and it concurs that the Santa Gertrudes 3 was not able to be located, and the S.G. & J. 1 and S.G. and J. 2 wells are not located on the property.
Chapter 117 of the City of Santa Fe Springs Code of Ordinances (Oil and Gas), does not have procedures to address abandoned wells recorded by CalGEM that cannot be located. Staff therefore recommends that the City approve Resolution No. 9851, to waive the requirements of Chapter 117 of the Santa Fe Springs Code of Ordinance to address the unlocated oil wells and thereby allow for the issuance of building permits and/or grading permits with regards to the Santa Gertrudes 3, S.G. & J. 1 and S.G. & J. 2 wells, until such time that the three wells is located.
The Owner has been advised to immediately notify the City of Santa Fe Springs if any of these (or other unknown) wells are encountered during development activities. The Owner should cease development and await further instruction from the City prior to proceeding with development.
Additionally, staff recommends that the City and the owner enter into an Environmental Release and Indemnity Agreement, benefitting the City and setting forth the owner’s obligation to indemnify and release the City from liability associated with all oil and gas wells on the subject property.
LEGAL REVIEW
The City Attorney has reviewed the proposed agreement and resolution.
Tom Hatch
Interim City Manager
Attachment:
1. Environmental Release And Indemnity Agreement
2. Resolution No. 9851
1. The applicant shall comply with the requirements of Section 117.129 of the Santa Fe Springs Municipal Code, Requirements Prior to New Construction, in accordance with Ordinance No. 1104, prior to issuance of building permits. § 117.129 REQUIREMENTS PRIOR TO NEW CONSTRUCTION.
Prior to the issuance by the city of a building or grading permit for property upon which there are any active or abandoned wells, the applicant shall complete all of the following:
(A) Obtain a construction site well review from DOGGR.
(B) Conduct a soils gas study in accordance with § 117.131. (C) Obtain a permit from the Fire Department to expose all former wells, survey their location and test each well for gas or fluid leaks under the supervision of an oil and gas professional authorized by the Fire Department. Conduct this leak test and submit results to the Fire Department.
(D) Provide a well access site map to the Planning Department for approval. The site map shall include all of the following:
(1) Detailed location of each well including the depth from ground level to the top of the well casing of each abandoned well in relation to finished grade. (2) Demonstrate how vehicles and abandonment equipment will access each well from the public right-of-way.
(3) Demonstrate that adequate setbacks will be provided for setting up abandonment equipment around each well.
(E) Obtain a permit from the Fire Department for the installation of a vent cone and related equipment for all abandoned wells located below or in close proximity to the proposed new construction.
(F) Agree to implement all mitigation measures required by the Fire Chief including, but not limited to, installation and maintenance of methane barriers, vents/blowers, alarms and the like (collectively, "Methane Mitigation Systems"). (G) If applicant performs a leak test pursuant to § 117.129(C) and the test indicates the well is leaking, applicant shall abandon or reabandon the well pursuant to § 117.127.
(H) File an indemnity bond pursuant to Cal. Public Resources Code §§ 3204 or 3205.
(I) Execute and record against the property an environmental release and indemnity agreement providing that the property owner and his assignees, release, indemnify and hold harmless the city against any and all claims, obligations, and causes of action of any kind or nature whatsoever, known or unknown, for personal injury or death, property damage, economic loss, and fines and penalties. The City Attorney shall approve the form of the disclosure and indemnity agreement.
2. The applicant shall comply with the requirements of Section 117.131 of the Santa Fe Springs Municipal Code, Requirement for a Soil Gas Study, in accordance with Ordinance No. 955, prior to issuance of building permits. § 117.131 REQUIREMENT FOR A SOILS GAS STUDY OR METHANE
MITIGATION SYSTEM.
(A) A soil gas investigation to identify the concentration of methane gas in the subsurface is required if any of the following situations apply:
(1) Construction within the city's methane zone which meets either of the following (subsequently referred to "regulated construction'):
(a) New commercial/industrial construction.
(b) Modification to existing structures when the valuation of the modification is equal to or greater than 25% of the assessed value of the existing structures. (2) The granting of a subdivision map, conditional use permits necessitating ground disturbance, or development plan approval, when the property falls within the city's methane zone.
(3) Existing conditions at the site warrant a soil gas investigation in the opinion of the Fire Chief or his designee.
(B) The methane zone is that area depicted on the city's methane zone map.
The methane zone encompasses land in the city which is within 1,000 feet of a landfill or within 500 feet of an existing or abandoned oil well. The city's methane zone map is adopted by reference as if set forth in full in this section. A copy of the city's methane zone map is available for public inspection on the city's website or at city offices during regular business hours.
(C) A minimum of two soil gas monitoring wells are required for all regulated construction. Additional monitoring wells are required based on the size of the proposed project. One additional monitoring well is required per 10,000 square feet of building area for buildings exceeding 20,000 square feet. An alternative proposal as to the number of monitoring wells may be considered at the discretion of the Fire Chief.
(D) General monitoring and mitigation requirements for regulated construction within the methane zone:
(1) Prior to construction, obtain approval from the Fire Department for a soil gas investigation showing the proposed location(s) and design of the monitoring wells, in accordance with § 117.131(C).
(a) Monitoring wells shall initially be sampled at least two times within a period of seven days.
(b) The initial sampling shall not occur within two days of precipitation for first sampling event or at any time between the first and second sampling event. (2) Soil gas shall be monitored quarterly after construction is complete. All soil gas monitoring reports required by this section shall be sent to the Fire Chief. If the permanent monitoring well locations are different than the location of the initial monitoring wells, approval from the Fire Department is required prior to installation of the permanent monitoring wells. If the quarterly monitoring reveals methane levels less than 25% of the lower explosive limit (i.e., 1.25% by volume in air or 12,500 ppm/v) during the first year, the system shall be monitored annually thereafter. In cases where methane levels are less than 2.5% of the lower explosive limit (i.e., .125% by volume in air or 1,250 ppm/v) the Fire Chief may waive the annual monitoring requirement upon written request. The granting of the waiver shall be at the discretion of the Fire Chief.
(E) Based on the results of the soils gas monitoring or on information available on surrounding properties, property owners shall implement any other mitigation measures as required by the Fire Chief.
(F) In lieu of the initial soil gas investigation, a methane mitigation system approved by the Fire Department may be installed.
(G) Methane mitigation systems shall be required for any regulated construction if any of the following apply:
(1) The initial monitoring reveals methane levels in excess of 25% of the lower explosive limit (i.e., 1.25% by volume in air or 12,500 ppm/v). (2) The regulated construction will impede access to an abandoned oil well. (3) Quarterly or annual monitoring reveals methane levels greater than 25% of the lower explosive limit (i.e., 1.25% by volume in air or 12,500 ppm/v). (H) Where regulated construction takes place in the methane zone and which incorporates sensitive land uses (e.g., residential developments, places of public assembly, hospitals, restaurants, schools, and the like), a methane mitigation system may be required regardless of the methane levels detected at the discretion of the Fire Chief.
(I) The design of a methane mitigation system for property within the methane zone shall be in accordance with the requirements of the Los Angeles County Department of Public Works and City Fire Department.
(J) If required by the Fire Department, the building owner shall be responsible for ensuring that annual inspections of the methane mitigation systems are completed. Reports of these inspections shall be conducted under the oversight of a registered petroleum engineer or other qualified persons and submitted to the Fire Department. A fine shall be charged, as established by resolution of the City Council, for each methane mitigation system found to be inoperative or improperly maintained.
(K) Methane barrier systems shall include permanent monitoring vapor probes above and below the barrier unless an alternative design is approved by the Fire Chief.
(L) In extraordinary cases, e.g., where methane in excess of 25% of the lower explosive limit (i.e., 1.25% by volume in air or 12,500 ppm/v) can be demonstrated to be a non-repetitive incident, a registered petroleum engineer or other qualified persons may request a waiver by the Fire Chief for the installation of a methane mitigation system. The granting of the waiver shall be at the discretion of the Fire Chief.
(M) Where gas detection systems are used, they shall be designed by and installed under the supervision of registered engineers. The design and installation shall be inspected and approved by the Fire Department. (1) Following installation, a readily visible sign shall be posted which reads:
"Gas Detection Alarm. In the event of an alarm, evacuate the building and call the Fire Department, 911. Do not disconnect under penalty of law." (2) The property owner shall provide Fire Department access to the alarm panel and the building in which it is installed as well as the alarm reset code by means of an approved key box system. Keys shall be clearly and permanently identified.
3. When applicable, abandoned oil wells must be exposed and inspected under the oversight of a registered petroleum engineer. The wells must be monitored for methane leaks and the precise location of each abandoned well shall be surveyed.
A report of findings along with a description of any recommended remedial actions needed to comply with CalGEM, signed by a registered petroleum engineer, must be provided to the Fire Department.
4. 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), replete with a seal-off device normally required for classified electrical installations, so as to prevent the travel of combustible methane gas into the structure through conduit runs. Refer to California Electrical Code, Chapter 5, Sections 500 and 501.
LLAKE STREET
PIONEER BOULEVARD
PIONEER BLVD. PIONEER BLVD. PROPOSED BUILDING
PROPOSED BUILDING
PROPOSED BUILDING
SG-3A
SG-11A
SG-7
SG-11
SG-3A
SG-3A
SG-11A
SG-11
SG-11A
SG-11
SG-7
2552 WHITE ROAD, SUITE B, IRVINE, CA 92614
(949) 660-0110 FAX: 660-0418
LAND SURVEYORS
PLANNERS
CIVIL ENGINEERS ALDEN &
SSOCIATES
SHEET
CHECKED:DRAWN:DATE:
JOB NUMBER
OF
1 1963-973-003
9/21/2022
S.B.
FOR M.P.
PIONEER BLVD. DEVELOPMENT
SANTA FE SPRINGS, CA
OIL WELL SITE PLAN
1 NOTE:
LEGEND
OILWELL 3A
OILWELL 11
OILWELL 11A
OILWELL 7
APPROVED:
ITEM NO.:
RESOLUTION NO. 9851
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS WAIVING THE REQUIREMENTS OF CHAPTER 117 (OIL & GAS) OF THE SANTA FE
SPRINGS CODE OF ORDINANCES FOR THREE UNLOCATED ABANDONED OIL WELLS AT 9920, 9926, 9930, 10002, 10010, 10016, and 10020 PIONEER
BOULEVARD
WHEREAS, Rexford Industrial – 9920 Pioneer, LLC (“Owner”) is the owner in fee of a property is located on the west side of Pioneer Boulevard, north of Telegraph Road, at 9920 Pioneer Boulevard, with an Accessor’s Parcel Number of 8005-010-011 (the “Property”). The Property was previously developed with 7 buildings that had the following addresses: 9920, 9926, 9930, 10002, 10010, 10016, and 10020 Pioneer Boulevard.
WHEREAS, Owner plans to develop three (3) concrete tilt-up industrial buildings with a total overall square footage of approximately 162,557 square feet and related improvements pursuant to various land use and building entitlements, and permits issued or to be issued by the City and other governmental agencies with jurisdiction including Tentative Parcel Map No. 82433 and Development Plan Approval (DPA) Case Nos. 947- 949, which was conditionally approved by Resolution No. 159-2019 issued by the City of Santa Fe Springs Planning Commission on April 13, 2020 and an Amendment of DPA Case Nos. 948 and 949, which was conditionally approved by Resolution No. 207-2022 issued by the City of Santa Fe Springs Planning Commission on February 11, 2022 (the “Project”). These three buildings will have the following addresses: Building 1 – 10000 Pioneer Boulevard; Building 2 – 9920 Pioneer Boulevard; and Building 3 – 9960 Pioneer Boulevard.
WHEREAS, according to the California Geologic Energy Management Division (“CalGEM”) (previously known as the Division of Oil, Gas, and Geothermal Resources), there are four abandoned oil wells within the footprint of the Project located at 9920-9930 Pioneer Boulevard (Santa Gertrudes 3 (API 04‐037‐16129), the Santa Gertrudes 3A (API 04‐037‐16130), the Santa Gertrudes 11 (API 04‐037‐16138), and the Santa Gertrudes 11A (API 04‐037‐16139) and three abandoned oil wells within the footprint of the Project located at 10002-10020 Pioneer Boulevard (Santa Gertrudes 7 (API 04‐037‐16134), the S.G. & J. 1 (API 04‐037‐16398), and the S. G. & J. 2 (API 04‐037‐16399)).
WHEREAS, on August 30, 2021, CalGEM issued its Construction Site Well Review Report ID 6303 indicating that three wells are located within the boundary of 10002 – 10020 Pioneer Boulevard and that all three wells, Santa Gertrudes 7, S.G. & J. 1 and S.G. & J. 2 are not abandoned to CalGEM’s current abandonment requirements; and WHEREAS, Rexford Industrial Realty retained Ramboll US Consulting, Inc. to locate the three wells located at 10002 – 10020 Pioneer Boulevard, and after a review of information from the CalGEM Well Finder database and performance of a geophysical 2 survey, Ramboll US Consulting, Inc. determined that the Santa Gertrudes 7 is located on the subject property while the S.J. & G. 1 and the S.J. & G. 2 are located on or east of the eastern boundary of 10002 – 10020 Pioneer Boulevard; and WHEREAS, Ramboll US Consulting, Inc. excavated down to approximately 16 feet to as deep as 20 feet below grade along the entire property boundary between the adjacent building and the fence line and found evidence of oilfield activity including petroleum contamination, redwood timbers, metal piping and various metallic objects in the vicinity of the magnetic anomaly corresponding to S.G. & J. 1 but did not find the well; and
WHEREAS, Ramboll US Consulting, Inc. continued the excavation southward toward the magnetic anomaly corresponding to the S.G. & J. 2 and found a reinforced concrete structure like the oil well cellar of the Santa Gertrudes 11A but the portion of the well cellar likely containing the S.G. & J. 2 well was east of the property boundary; and WHEREAS, Ramboll US Consulting, Inc. concluded that the S.G. & J. 1 and the S.G. & J. 2 are located east of the subject property; and WHEREAS, on August 30, 2021, CalGEM issued its Construction Site Well Review Report ID 6304 indicating that four wells are located within the boundary of 9920 - 9930 Pioneer Boulevard and that all four wells, Santa Gertrudes 3, Santa Gertrudes 3A, Santa Gertrudes 11 and Santa Gertrudes 11A are not abandoned to CalGEM’s current abandonment requirements; and
WHEREAS, Rexford Industrial Realty retained Ramboll US Consulting, Inc. to locate the four wells located at 9920 - 9930 Pioneer Boulevard, and after a review of information from the CalGEM Well Finder database Ramboll US Consulting, Inc. determined that all four wells are located on the subject property; and WHEREAS, after performance of a geophysical survey and completion of excavation work, Ramboll US Consulting, Inc. located the Santa Gertrudes 3A, Santa Gertrudes 11 and Santa Gertrudes 11A at 9920 – 9930 Pioneer Boulevard; and WHEREAS, a review of the CalGEM well records for the Santa Gertrudes 3 indicates that the well was not drilled to into a productive oil or gas zone and no casing was cemented in the well and the drill pipe was parted and recovered from the hole at 500’, leaving drill pipe in the hole from 500’ to 1,260’ with no metal in the hole from surface to 500’; and
WHEREAS, the California Department of Conservation, Division of Oil and Gas (precursor to CalGEM) was unable to locate the Santa Gertrudes 3 in 1972 after excavation and use of a metal detector; and
WHEREAS, Ramboll US Consulting, Inc. was also unable to locate the Santa Gertrudes 3 with either the geophysical survey or excavation; and WHEREAS, the City has reviewed the aforementioned documents as well as other 3 documents provided by Owner, and determines that Owner has expended great effort in attempting to locate Santa Gertrudes 3, S.G. & J. 1 and S.G. & J. 2; and WHEREAS, Chapter 117 does not have a procedure to address abandoned wells recorded by CalGEM that cannot be located; and
WHEREAS, Owner has executed an Environmental Release and Indemnity Agreement benefitting the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
1. That the above recitals are true and correct.
2. That this resolution is exempt from environmental review pursuant to Section 15061(b)(3) of CEQA, since this waiver could not have a significant impact on the environment in that it relates to (1) Oil and Gas Wells that are not located on the subject property (S.G. & J. 1 and the S.G. & J. 2); and (2) an Oil and Gas Well that could not be located by CalGEM (Santa Gertrudes 3) and there is no evidence that this well was ever drilled to into a productive oil or gas zone.
3. That the City Council, based on the recitals, hereby waives the requirements of Chapter 117 for the issuance of building permits and/or grading permits with regard to Santa Gertrudes 3, S.G. & J. 1 and S.G. & J. 2, until such time that any of these wells are located.
APPROVED and ADOPTED this __th day of ______, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Juanita Martin, Mayor
ATTEST:
_______________________________
Janet Martinez, CMC, City Clerk
City of Santa Fe Springs
City Council Meeting March 7, 2023
Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
CONSENT AGENDA
Resolution No. 9854 – Request for Parking Restrictions during Certain Hours on Matern Place north of Telegraph Road
BACKGROUND
The Traffic Commission at their meeting of February 16, 2023, reviewed the attached report for implementation of an overnight parking restriction between 6:00 p.m. and 5:00 a.m. on the west side of Matern Place north of Telegraph Road along the frontage of 10261 Telegraph Road, including a provision that could allow the towing of vehicles that violate the restriction. The business at the aforementioned address requesting the parking restriction is R.F. MacDonald Company. They are experiencing problems such as the dumping of trash, buckets of human waste and motor oil all left on their property, all as a direct result of the long-term parking of recreational vehicles and semi-trucks with trailers along the front of their building on Matern Place. The Commission voted 3 to 0 to recommend to the City Council for consideration and approval of the proposed parking restriction, including a provision for towing vehicles that violate the parking restriction.
Staff recommends implementation of the requested parking restriction as requested by R.F. MacDonald Company located at 10261 Matern Place.
Tom Hatch
Interim City Manager
Attachments:
1. Resolution No. 9854
2. Traffic Commission Report
RECOMMENDATION
• Adopt Resolution No. 9854 to implement a parking restriction between the hours of 6:00 p.m. and 5:00 a.m. on the west side of Matern Place from a point 370′ north of Telegraph Road to a point 630′ northerly and implement a tow-away zone within the same limits for vehicles that violate the restriction as requested by the adjacent business.
ITEM NO. 8E
APPROVED:
ITEM NO.:
RESOLUTION NO. 9854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS,
CALIFORNIA PROHIBITING PARKING OF VEHICLES AT CERTAIN LOCATIONS
DURING CERTAIN HOURS
THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES RESOLVE AND ORDER AS FOLLOWS:
Section 1. Pursuant to the provision of Section 72.21 of the City Code, when authorized signs are in place giving notice thereof, the following location is designated as a place where no person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of passengers or materials between the hours of 6:00 PM to 5:00 AM:
West side of Matern Place from a point 370 feet north of Telegraph Road to a point 630 feet north of Telegraph Road
When signs are posted giving notice thereof, any vehicle which is parked or left standing in violation of the provisions of this Resolution, shall be removed pursuant to the provisions of Vehicle Code Section 22651 (n).
APPROVED and ADOPTED this 7th day of March 2023.
______________________________
Juanita Martin, Mayor
ATTEST:
______________________________
Janet Martinez, CMC, City Clerk
PROPOSED NO PARKING 6:00 PM TO 5:00 AM
ALONG 10261 MATERN PLACE
City of Santa Fe Springs
City Council Meeting March 7, 2023
Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
CONSENT AGENDA
Residential Streets Improvements South of Florence Avenue (Triangle) and Longworth Ave (Orr & Day to Harvest Ave) – Award of Contract
BACKGROUND
The Residential Streets Improvements South of Florence Avenue (Triangle) and Longworth Ave (Orr & Day to Harvest Ave) project consists of grinding the existing asphalt pavement and placing new asphalt concrete overlays, slurry seal overlays, replacement of distressed public driveway aprons, curb and gutter, grinding of displaced sidewalk, replacement and construction of concrete sidewalks, replacement and construction of new curb ramps, the removal of trees uplifting sidewalks, installation of new trees, and lastly new signing and striping.
Bids were opened on February 15, 2023, and a total of seven bids were received. City staff reviewed the proposals and determined that all bid proposals comply with the project specifications. The low bidder for the project is R.J. Noble Company of Orange, with a bid totaling $1,485,650.00. The bid proposal for the following bidders reflects the bid amounts.
Company Name Publicly Read Bid Audited Bid
1. R.J. Noble Company $1,485,650.00 $1,485,650.00
2. Sully-Miller Contracting Co. $1,494,494.00 $1,494,494.00
3. All American Asphalt $1,522,222.00 $1,522,222.00
4. Excel Paving Co. $1,568,410.00 $1,568,410.00
5. Toro Enterprises Co. $1,602,225.00 $1,602,225.00
6. Hardy & Harper Inc. $1,690,000.00 $1,690,000.00
7. Onyx Paving Co. Inc. $1,848,000.00 $1,848,000.00
The bid proposal submitted by R.J. Noble Company in the amount of $1,485,650.00, is approximately 17% below the Engineer’s Estimate of $1,800,000.00.
The Department of Public Works has reviewed the bids and determined the low bid submitted by R.J. Noble Company to be responsive and responsible.
LEGAL REVIEW
The City Attorney’s office has reviewed the agreement.
RECOMMENDATION
• Accepts the bids; and
• Award a contract to R.J. Noble Company of Orange, California in the amount of $1,485,650.00.
ITEM NO. 8F
Residential Streets Improvements
South of Florence Avenue (Triangle) – Award of Contract Page 2 of 2 Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
FISCAL IMPACT
The Residential Streets Improvements South of Florence Avenue (Triangle) and Longworth Ave (Orr & Day to Harvest Ave) project is an approved Capital Improvement project and is fully funded from the Utility Users Tax (UUT) Capital Improvement Fund in the amount of $2,748,500.
The total project costs are as follows:
ITEM BUDGET
Construction $ 1,485,650.00
Design $ 148,500.00
Engineering $ 130,000.00
Inspection $ 60,000.00
Contingency $ 371,000.00
Total Project Cost $ 2,195,150.00
PROJECT FUNDING AMOUNT
Utility Users Tax (UUT) Capital Improvement Fund $ 2,748,500.00 Anticipated Expenditures $ (2,195,150.00)
Estimated Budget Surplus $ 553,350.00
INFRASTRUCTURE IMPACT
The project will enhance the existing sidewalk paths of travel, improve curb and gutter drainage, replace and add new ADA curb ramps, remove distressed pavement, install new pavement overlay, remove City parkway trees uplifting infrastructure, install new non-invasive parkway trees, among other roadway work, and ultimately enhance the community’s quality of life.
Tom Hatch
Interim City Manager
Attachment:
1. Agreement
2023-01 Residential Street Improvements South of Florence Avenue (Triangle) and Longworth Avenue (Orr & Day Road to Harvest Avenue) D-1
CITY OF SANTA FE SPRINGS
CONTRACT AGREEMENT
FOR
RESIDENTIAL STREET IMPROVEMENTS SOUTH OF FLORENCE AVENUE (TRIANGLE) AND LONGWORTH AVENUE
(ORR AND DAY ROAD TO HARVEST AVENUE)
IN THE CITY OF SANTA FE SPRINGS
This Contract Agreement is made and entered into the above-stated project this 7th day of March 2023, BY AND BETWEEN the City of Santa Fe Springs, as AGENCY, and R.J. Noble Company as CONTRACTOR in the amount of $ . 1,485,650.00
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, CDBG contract provisions and forms, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. 2023-01 Residential Street Improvements South of Florence Avenue (Triangle) and Longworth Avenue (Orr & Day Road to Harvest Avenue) D-2
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
ARTICLE IV
AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. No work or portion of the work shall be paid for until it is approved for payment by the City Engineer. Payment made for completed portions of the work shall not constitute final acceptance of those portions or of the completed project.
ARTICLE V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions.
Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California. The Contractor is required to pay the higher of either the State or Federal Wages.
ARTICLE VI
Except as to the sole or active negligence or willful misconduct of the AGENCY and notwithstanding the existence of insurance coverage required of CONTRACTOR pursuant to this contract, CONTRACTOR shall save, keep defend, indemnify, hold free and harmless AGENCY, its officers, officials, employees, agents and volunteers from and against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify, save and hold harmless AGENCY, its officers, officials, employees, agents and volunteers from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, all civil claims, workers’ compensation claims, and all other claims resulting from or 2023-01 Residential Street Improvements South of Florence Avenue (Triangle) and Longworth Avenue (Orr & Day Road to Harvest Avenue) D-3
arising out of the acts, errors or omissions of CONTRACTOR, its employees and/or authorized subcontractors, whether intentional or negligent, in the performance of this Agreement.
This indemnification provision is independent of and shall not in any way be limited by the Insurance Requirements of this Agreement. AGENCY approval of the Insurance contracts required by this Agreement does not in any way relieve the CONTRACTOR from liability under this section.
AGENCY shall notify CONTRACTOR of the receipt of any third party claim related to this Agreement within seven (7) business days of receipt. The City is entitled to recover its reasonable costs incurred in providing the notification. (Pubic Contracts Code Section 9201)
ARTICLE VII
AGENCY shall comply with Pub Cont. Code §20104.50 as follows:
20104.50.
(a) (1) It is the intent of the Legislature in enacting this section to require all local governments to pay their contractors on time so that these contractors can meet their own obligations. In requiring prompt payment by all local governments, the Legislature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern.
(2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments’ outstanding receipts. The Legislature finds and declares that all government officials, including those in local government, must set a standard of prompt payment that any business in the private sector which may contract for services should look towards for guidance.
(b) Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
(c) Upon receipt of a payment request, each local agency shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. 2023-01 Residential Street Improvements South of Florence Avenue (Triangle) and Longworth Avenue (Orr & Day Road to Harvest Avenue) D-4
(d) The number of days available to a local agency to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (c). (e) For purposes of this article:
(1) A “local agency” includes, but is not limited to, a city, including a charter city, a county, and a city and county, and is any public entity subject to this part. (2) A “progress payment” includes all payments due contractors, except that portion of the final payment designated by the contract as retention earnings. (3) A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency.
(f) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any contract subject to this article.
2023-01 Residential Street Improvements South of Florence Avenue (Triangle) and Longworth Avenue (Orr & Day Road to Harvest Avenue) D-5
ARTICLE VIII
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest herein.
IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their name, titles, hands, and seals as of the date noted above.
By:
CONTRACTOR
R.J. NOBLE COMPANY
NAME, TITLE
ADDRESS
CITY OF SANTA FE SPRINGS
By: JUANITA MARTIN, MAYOR
ATTEST:
JANET MARTINEZ, CITY CLERK
APPROVED AS TO FORM:
IVY M. TSAI, CITY ATTORNEY
(Contractor signature must be notarized with proper acknowledgement attached.) City of Santa Fe Springs
City Council Meeting March 7, 2023
Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
CONSENT AGENDA
Residential Street Improvements Slurry Seal 2022 – Final Payment
BACKGROUND
On October 18, 2022, the City Council awarded a contract to Doug Martin Contracting Co. Inc., of La Habra, California, in the amount of $605,310.82 for the Residential Street Improvements Slurry Seal 2022 project. The project consists of slurry sealing forty-eight (48) residential and three (3) commercial streets. Slurry sealing involves the mixture of asphalt emulsion and fine crushed aggregate uniformly distributed on the surface of the road. This slurry seal will extend the life of existing pavement by protecting the undersurface from wear through traffic and weather. The project will also include replacing the traffic striping, asphalt roadway point repairs, and reinstalling existing pavement markers throughout the project limits.
FISCAL IMPACT
The following payment detail represents the Final Payment (less 5% Retention) due, per terms of the contract, for the work completed and found to be satisfactory.
The total project cost breakdown is as follows:
ITEM BUDGET
Construction $ 675,800
Design $ 20,000
Engineering $ 50,000
Inspection $ 49,000
Contingency $ 0
Total Project Costs: $ 794,800
PROJECT FUNDING SOURCES AMOUNT
UUT Capital Improvement Fund $ 800,000
Total Funding: $ 800,000
The total project expenditures are approximately $794,800, which is less than the project funding of $800,000. Therefore, sufficient funding is available.
RECOMMENDATION
• Approve the Final Payment to Doug Martin Contracting Co. Inc. of La Habra, California, for $97,003.73 (Less 5% Retention) for the subject project.
ITEM NO. 8G
Residential Street Improvements Slurry Seal 2022
Final Payment Page 2 of 2
Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
INFRASTRUCTURE IMPACT
Slurry Sealing is a preventative maintenance operation that extends the service life of the roadway pavement and is more cost effective than corrective maintenance.
Tom Hatch
Interim City Manager
Attachments.
1. Final Payment Detail
Contractor: Final Payment: $ 92,153.54
Item
No. Quantity Units Unit Price Total Quantity Amount Quantity Amount
1. Mobilization. 1 LS $ 20,000.00 $ 20,000.00 10.0% $ 2,000.00 100% $ 20,000.00 2. Type I Slurry Seal 1,410,473 SF $ 0.16 $ 225,675.68 0 $ - 1,431,121 $ 228,979.36 3. Type II Slurry Seal with 3% latex binder. 1,410,473 SF $ 0.18 $ 253,885.14 319,333.93 $ 57,480.11 1563336.33 $ 281,400.54 4. Traffic Striping, Layout, Stencils, Paint and Pavement Markers. 1 LS $ 52,000.00 $ 52,000.00 30.0% $ 15,600.00 100% $ 52,000.00
5. Sawcut and remove 2"-3" Macadam including
Recompacting Existing Base. 50 CY $ 520.00 $ 26,000.00 0 $ - 57.1 $ 29,692.00
6. Construct 2"-3" Thick of AC FRAC Type II C2 PG 64-10 Cap Course 75 CY $ 370.00 $ 27,750.00 0 $ - 112.96 $ 41,795.20 Contract Total: $ 75,080.11 605,310.82 $ 653,867.10 $
Contract Change Order No. 1 $ 21,923.62 100.00% 21,923.62 100.00% $ 21,923.62 Total this Period: 97,003.73
$ 675,790.72
Invoice Due Date Invoice Pay Date Amount
12/13/2022 1 12/28/2022 01/05/2023 76,063.84$ $ 4,003.36 Less 5% Retention: 01/17/2023 2 01/25/2023 02/05/2023 473,783.80$ $ 24,935.99Progress Payment No 1: Final Payment 03/08/2023 03/16/2023 92,153.54$ $ 4,850.19Progress Payment No 2: Amount $ 92,153.54
$ 4,850.19
Robert Garcia
Yvette Kirrin
Recommended by Project Manager: Robert GarciaRobert Garcia Robert Garcia 2/20/23 Approved by Interim PW Director:
Final Payment: $ 92,153.54 Finance Please Pay: PW220008 5% Retention Completed this Period: 270010
Total Items Completed to Date: $ 675,790.72
$ 33,789.54$ 76,063.84$ 473,783.80 Account
Invoice Date Invoice No.
Warrant Billing Period
CONTRACT PAYMENTS: Retention Amount
Description
Contract Completed This Period Completed To Date
Contract Work
Total
Completed
Items to Date:
Payment Detail: Doug Martin Contracting Co., Inc.
RESIDENTIAL STREET IMPROVEMENTS 220 E Foundation Ave SLURRY SEAL 2022 La Habra, CA 90631 City of Santa Fe Springs
City Council Meeting March 7, 2023
Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
CONSENT AGENDA
Los Nietos Park Parking Lot Improvements – Award of Contract
BACKGROUND
District Member Ian Calderon of the 57th Assembly District pledged financial assistance in the amount of $2,520,000 to the City for improvements to existing City parks. On January 23, 2020, the City approved the California Natural Resources Agency to process the collection of grant funding related to the various park improvement projects.
The Los Nietos Parking Lot Improvements project is located just north of Charlesworth Road between Jersey Avenue and Millergrove Drive. The project consists of the removal of the green belt adjacent to Charlesworth Road and expanding the parking lot in the vacated area. The expanded parking will add approximately 39 new parking stalls including infrastructure for future electric vehicle charging stalls. In addition, the distressed parking lot pavement will be removed and replaced, new LED lighting will be installed, construction of new curb and gutters, sidewalks, and ADA curb ramps and cross gutters.
Bids were opened on February 15, 2023, and a total of nine bids were received. City staff reviewed the proposals and determined that all bid proposals comply with the project specifications. The low bidder for the project is L.M.T. Enterprises, Inc. dba Tyner Paving Company of Alhambra, with a bid totaling $603,068.70. The bid proposal for the following bidders reflects the bid amounts.
Company Name Publicly Read Bid Audited Bid
1. L.M.T. Enterprises, Inc. dba
Tyner Paving Company
$603,068.70 $603,068.70
2. Simgel Co., Inc. $721,720.00 $722,359.00 *
3. Excel Paving Company $739,760.00 $739,850.00 *
4. NR Development, Inc. $795,500.04 $795,536.29 *
5. Klassic Engineering and
Construction Inc.
$832,162.50 $832,162.50
6. C.S. Legacy Construction, Inc. $849,958.00 $849,958.00
7. All American Asphalt $900,360.00 $900,360.00
8. Hillcrest Contracting, Inc. $968,533.40 $968,533.40
9. MBC Enterprises, Inc. $1,128,216.60 $1,128,329.30 *
*Mathematical computation summation errors.
RECOMMENDATION
• Appropriate an additional $584,000.00 from the Utility Users Tax (UTT) Capital Improvements Fund to the Los Nietos Park Parking Lot Improvements (PW200101);
• Accepts the bids; and
• Award a contract to L.M.T. Enterprises, Inc. dba Tyner Paving Company of Alhambra, California, in the amount of $603,068.70.
ITEM NO. 8H
Los Nietos Park Parking Lot Improvements
Award of Contract Page 2 of 2
Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
The bid proposal submitted by L.M.T. Enterprises, Inc. dba Tyner Paving Company in the amount of $603,068.70, is approximately 30% below the Engineer’s Estimate of $860,000.
The Department of Public Works has reviewed the bids and determined the low bid submitted by L.M.T. Enterprises, Inc. dba Tyner Paving Company to be responsive and responsible.
LEGAL REVIEW
The City Attorney’s office has reviewed the agreement.
FISCAL IMPACT
The Los Nietos Park Parking Lot Improvements Project will require an additional appropriation in the amount of $584,000 from the Utility Users Tax (UUT) Capital Improvement Fund to the Los Nietos Park Parking Lot Improvements Project account number (PW200101). Upon the project’s completion, the approved California Natural Resources Agency grant fund will reimburse the City in the total amount of $326,000 ($71,000 for the design and $255,000 for the construction).
The total project costs are as follows:
ITEM BUDGET
Construction $ 603,069
Design $ 71,000
Engineering $ 60,000
Inspection $ 50,000
Contingency $ 125,931
Total Project Cost $ 910,000
PROJECT FUNDING AMOUNT
Grant Revenue $ (326,000)
Anticipated Expenditures $ 910,000
Budget Shortfall $ (584,000)
INFRASTRUCTURE IMPACT
The Los Nietos Parking Lot Improvements projects will increase the total number of parking stall, remove and replace distressed asphalt pavement, improve the parking lot and walkway lighting and enhance traffic circulation for community events.
Tom Hatch
Interim City Manager
Attachments:
1. Agreement
2023-02 Los Nietos Park Parking Lot Improvements
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CITY OF SANTA FE SPRINGS
CONTRACT AGREEMENT
FOR
LOS NIETOS PARK
PARKING LOT IMPROVEMENTS
IN THE CITY OF SANTA FE SPRINGS
This Contract Agreement is made and entered into the above-stated project this 7th day of March 2023, BY AND BETWEEN the City of Santa Fe Springs, as AGENCY, and L.M.T. Enterprises, Inc., DBA Tyner Paving Company, as CONTRACTOR in the amount of $603,068.70.
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, CDBG contract provisions and forms, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. 2023-02 Los Nietos Park Parking Lot Improvements
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ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
ARTICLE IV
AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. No work or portion of the work shall be paid for until it is approved for payment by the City Engineer. Payment made for completed portions of the work shall not constitute final acceptance of those portions or of the completed project.
ARTICLE V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions.
Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California. The Contractor is required to pay the higher of either the State or Federal Wages.
ARTICLE VI
Except as to the sole or active negligence or willful misconduct of the AGENCY and notwithstanding the existence of insurance coverage required of CONTRACTOR pursuant to this contract, CONTRACTOR shall save, keep defend, indemnify, hold free and harmless AGENCY, its officers, officials, employees, agents and volunteers from and against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify, save and hold harmless AGENCY, its officers, officials, employees, agents and volunteers from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, all civil claims, workers’ compensation claims, and all other claims resulting from or 2023-02 Los Nietos Park Parking Lot Improvements
D-3
arising out of the acts, errors or omissions of CONTRACTOR, its employees and/or authorized subcontractors, whether intentional or negligent, in the performance of this Agreement.
This indemnification provision is independent of and shall not in any way be limited by the Insurance Requirements of this Agreement. AGENCY approval of the Insurance contracts required by this Agreement does not in any way relieve the CONTRACTOR from liability under this section.
AGENCY shall notify CONTRACTOR of the receipt of any third party claim related to this Agreement within seven (7) business days of receipt. The City is entitled to recover its reasonable costs incurred in providing the notification. (Pubic Contracts Code Section 9201)
ARTICLE VII
AGENCY shall comply with Pub Cont. Code §20104.50 as follows:
20104.50.
(a) (1) It is the intent of the Legislature in enacting this section to require all local governments to pay their contractors on time so that these contractors can meet their own obligations. In requiring prompt payment by all local governments, the Legislature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern.
(2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments’ outstanding receipts. The Legislature finds and declares that all government officials, including those in local government, must set a standard of prompt payment that any business in the private sector which may contract for services should look towards for guidance.
(b) Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
(c) Upon receipt of a payment request, each local agency shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. 2023-02 Los Nietos Park Parking Lot Improvements
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(d) The number of days available to a local agency to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (c). (e) For purposes of this article:
(1) A “local agency” includes, but is not limited to, a city, including a charter city, a county, and a city and county, and is any public entity subject to this part. (2) A “progress payment” includes all payments due contractors, except that portion of the final payment designated by the contract as retention earnings. (3) A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency.
(f) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any contract subject to this article.
2023-02 Los Nietos Park Parking Lot Improvements
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ARTICLE VIII
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest herein.
IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their name, titles, hands, and seals as of the date noted above.
By:
CONTRACTOR
L.M.T. ENTERPRISES, INC., DBA TYNER
PAVING COMPANY
NAME, TITLE
ADDRESS
CITY OF SANTA FE SPRINGS
By:
JUANITA MARTIN, MAYOR
ATTEST:
JANET MARTINEZ, CITY CLERK
APPROVED AS TO FORM:
IVY M. TSAI, CITY ATTORNEY
(Contractor signature must be notarized with proper acknowledgement attached.) City of Santa Fe Springs
City Council Meeting March 7, 2023
Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
CONSENT AGENDA
Resolution No. 9852 – Ordering the Preparation of the Engineer’s Report for Fiscal Year 2023/24 in Conjunction with the Annual Levy of Assessments for Heritage Springs Assessment District No. 2001-01 (Hawkins Street and Palm Drive).
BACKGROUND
The Heritage Springs Assessment District was established in May 2001, according to the Municipal Improvements Act of 1913 (Division 12 of the California Streets and Highway Code), to finance the acquisition of various public improvements required for the development of the District.
The District also included a mechanism to provide funding on an annual basis for ongoing street maintenance to include slurry sealing, street resurfacing and street reconstruction as needed. The requirement for a street maintenance district component was a condition of approval for the development. The two streets within the Heritage Springs Assessment District, Palm Drive and Hawkins Street were last slurry-sealed in Fiscal Year 2017/18.
The approval of Resolution No. 9852, orders the preparation of plans, specifications, cost estimates, assessment diagram, assessment, and the Engineer’s Report for the annual update of the Assessment District.
Tom Hatch
Interim City Manager
Attachments:
1. Resolution No. 9852
2. Boundary Map
RECOMMENDATION
• Adopt Resolution No. 9852, ordering the preparation of the Engineer’s Report for Fiscal Year 2023/24 in conjunction with the annual levy of assessments for Heritage Springs Assessment District No. 2001-01 (Hawkins Street and Palm Drive).
ITEM NO. 8I
APPROVED:
ITEM NO.:
RESOLUTION NO. 9852
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS, CALIFORNIA ORDERING THE PREPARATION OF THE ENGINEER’S REPORT FOR FISCAL YEAR 2023/24 IN CONJUNCTION WITH THE ANNUAL UPDATE FOR HERITAGE SPRINGS ASSESSMENT DISTRICT NO. 2001-01 (HAWKINS STREET
AND PALM DRIVE)
WHEREAS, the City Council of the City of Santa Fe Springs, California, desires to initiate proceedings for the annual levy of assessments for an assessment district established in May 2001, pursuant to the Municipal Improvements Act of 1913 (Division 12 of the California Streets and Highways Code.)
CITY OF SANTA FE SPRINGS
HERITAGE SPRINGS ASSESSMENT DISTRICT NO. 2001-01
(HAWKINS STREET AND PALM DRIVE)
(Hereinafter referred to as the "District"); and,
WHEREAS, these proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2023 and ending June 30, 2024; and, WHEREAS, there has been submitted to this City Council, for its consideration at this time, a map showing the boundaries of the area affected by the levy of the assessment for the above referenced fiscal year, said map further showing and describing in general the works of improvement proposed to be maintained in said District, and description being sufficient to identify the works of improvement and the areas proposed to be assessed for said maintenance thereof; and
WHEREAS, the provisions of said Division 12 require a written "Report" consisting of the following:
1. Plans and specifications of the area of the work improvement to be maintained; and
2. An estimate of the costs for maintaining the improvements for the above referenced fiscal year; and
3. A diagram of the area proposed to be assessed; and
4. A proposed assessment of the estimated costs for maintenance work for said fiscal year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: That the above recitals are true and correct. 2 Section 2: That a map entitled "Boundary Map Heritage Springs Assessment District No. 2001-01" as submitted to this City Council, showing the boundaries of the proposed area to be assessed and showing the work of improvement to be maintained and a copy is on file in the Office of the City Clerk and open to public inspection. The proposed parcels and properties within said area are those to be assessed to pay certain costs and expenses for said maintenance work.
Section 3: That the proposed maintenance work within the area proposed to be assessed shall be for certain improvements, as said maintenance work is set forth in the "Report" to be presented to this City Council for consideration.
Section 4: That the Yvette Kirrin, Interim City Engineer is hereby ordered to prepare and file with this City Council, a "Report" relating to said annual assessment and levy in accordance with the provisions of Municipal Improvements Act of 1913 (Division 12 of the California Streets and Highway Code).
Section 5: That, upon completion, said "Report" shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to section 10203 and 10204 of said Streets and Highways Code.
Section 6: That the City Clerk shall certify to the adoption of this resolution.
APPROVED and ADOPTED this 7th day of March, 2023.
_______________________________
Juanita Martin, Mayor
ATTEST:
_______________________________
Janet Martinez, CMC, City Clerk
City of Santa Fe Springs
City Council Meeting March 7, 2023
Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
CONSENT AGENDA
Resolution No. 9853 – Ordering the Preparation of the Engineer’s Report for Fiscal Year 2023/24 in Conjunction with the Annual Levy of Assessments for Street Lighting District No. 1
BACKGROUND
The City of Santa Fe Springs formed the Lighting District No. 1 on May 26, 1982, according to the provisions of the Landscaping and Lighting Act of 1972. However, to levy the assessments against the properties located within the Lighting District on an annual basis, it is necessary for the City to prepare an Engineer’s Report for the Lighting District.
The required documents that meet the legal requirements are outlined in Chapter 3 of the Landscaping and Lighting Act of 1972, as contained in the Streets and Highways Code.
The approval of Resolution No. 9853, orders the preparation of cost estimate, assessment diagram, assessment, and Engineer’s Report for the annual update of the Lighting District.
Tom Hatch
Interim City Manager
Attachments:
1. Resolution No. 9853
2. Boundary Map
RECOMMENDATION
• Adopt Resolution No. 9853, ordering the preparation of the Engineer’s Report for Fiscal Year 2023/24 in conjunction with the annual levy of assessments for Street Lighting District No. 1.
ITEM NO. 8J
APPROVED:
ITEM NO.:
RESOLUTION NO. 9853
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS, CALIFORNIA ORDERING THE PREPARATION OF THE ENGINEER’S REPORT FOR FISCAL YEAR 2023/24 IN CONJUNCTION WITH THE ANNUAL UPDATE FOR STREET LIGHTING DISTRICT NO. 1
WHEREAS, the City Council of the City of Santa Fe Springs, California, desires to initiate proceedings for the annual levy of assessments for a street lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California, in what is known and designated as
CITY OF SANTA FE SPRINGS
LIGHTING DISTRICT NO. 1
(Hereinafter referred to as the "District"); and,
WHEREAS, these proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2023 and ending June 30, 2024; and, WHEREAS, there has been submitted to this City Council, for its consideration at this time, a map showing the boundaries of the area affected by the levy of the assessment for the above referenced fiscal year, said map further showing and describing in general the works of improvement proposed to be maintained in said District, and description being sufficient to identify the works of improvement and the areas proposed to be assessed for said maintenance thereof; and
WHEREAS, the provisions of said Division 15, Part 2 require a written "Report" consisting of the following:
1. Plans and specifications of the area of the work improvement to be maintained; and
2. An estimate of the costs for maintaining the improvements for the above referenced fiscal year; and
3. A diagram of the area proposed to be assessed; and
4. An assessment of the estimated costs for maintenance work for said fiscal year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: That the above recitals are true and correct.
Section 2: That a map entitled "City of Santa Fe Springs Lighting District No. 1 Annual Levy" as submitted to this City Council, showing the boundaries of the proposed 2 area to be assessed and showing the work of improvement to be maintained, and a copy is on file in the Office of the City Clerk and open to public inspection. The proposed parcels and properties within said area are those to be assessed to pay certain costs and expenses for said maintenance work.
Section 3: That the proposed maintenance work within the area proposed to be assessed shall be for certain street lighting improvements, as said maintenance work is set forth in the "Report" to be presented to this City Council for consideration.
Section 4: That Yvette Kirrin, the Interim City Engineer is hereby ordered to prepare and file with this City Council, a "Report" relating to said annual assessment and levy in accordance with the provisions of Article IV, commencing with Section 22565 of Chapter 1 of the Streets and Highways Code of the State of California.
Section 5: That, upon completion, said "Report" shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to section 22623 and 22624 of said Streets and Highways Code.
Section 6: That the City Clerk shall certify to the adoption of this resolution.
APPROVED and ADOPTED this 7th day of March, 2023.
_______________________________
Juanita Martin, Mayor
ATTEST:
_______________________________
Janet Martinez, CMC, City Clerk
City of Santa Fe Springs
City Council Meeting March 7, 2023
Report Submitted By: Tom Hatch, Interim City Manager Date of Report: March 2, 2023
CONSENT AGENDA
Amendment Number One to Professional Services Agreement with Southstar Engineering and Consulting, Inc. for Interim Public Works Director/City Engineer Services
BACKGROUND
On February 6, 2023, the City entered into a Professional Services Agreement with Southstar Engineering and Consulting, Inc. for Interim Public Works Director/City Engineer Services following the departure of the former Public Works Director/City Engineer. This Agreement was entered into under the Acting City Manager’s contracting authority. The City is in need of Interim Public Works Director/City Engineer Services exceeding the City Manager’s contracting authority, and the Consultant is willing to continue to provide the needed services at the current hourly rate through December 31, 2023, or until a permanent Public Works Director is hired, whichever occurs earlier. The attached Amendment Number One reflects these changes to the existing Agreement.
LEGAL REVIEW
The City Attorney drafted Amendment Number One to Professional Services Agreement with Southstar Engineering and Consulting, Inc.
Tom Hatch
Interim City Manager
Attachment:
1. Amendment Number One to Professional Services Agreement with Southstar Engineering and Consulting, Inc.
2. Professional Services Agreement with Southstar Engineering and Consulting, Inc.
RECOMMENDATION
• Approve and authorize the Mayor to execute Amendment Number One to Professional Services Agreement with Southstar Engineering and Consulting, Inc.
ITEM NO. 8K
AMENDMENT NUMBER ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH SOUTHSTAR ENGINEERING AND CONSULTING, INC.
This Amendment Number One (“Amendment”) is made and entered into this 7th day of March, 2023, by and between the City of Santa Fe Springs (“City”) and Southstar Engineering and Consulting, Inc. (“Consultant”).
WHEREAS, on February 6, 2023, the City and Consultant entered into an agreement for Consultant to provide Interim Public Works Director/City Engineer services (“Agreement”) with compensation at an hourly rate of $225.00, not to exceed $25,000.00 for the total term of the Agreement; and
WHEREAS, the City and Consultant desire to amend the Agreement to provide for a certain term and adjust the compensation limit accordingly.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Section 1 of the Agreement is amended to provide for a term through December 31, 2023, or upon appointment of a permanent employee to the vacant Public Works Director position, whichever occurs sooner.
2. Section 5(A) of the Agreement is amended to remove the not-to-exceed amount of $25,000.00.
3. Except as amended herein, all terms, conditions, and provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hand by their duly authorized representatives as of the day and year first above written.
CITY OF SANTA FE SPRINGS SOUTHSTAR ENGINEERING AND
CONSULTING, INC.
____________________________ ____________________________ Juanita Martin, Mayor Yvette Kirrin, President
Date: ______________________ Date: _______________________ ATTEST: SOUTHSTAR ENGINEERING AND
CONSULTING, INC.
__________________________ ____________________________ Janet Martinez, City Clerk Amr Abuelhassan, CFO
Date: _______________________
APPROVED AS TO FORM:
Ivy M. Tsai, City Attorney
CITY OF SANTA FE SPRINGS
PROFESSIONAL SERVICES AGREEMENT
WITH
SOUTHSTAR ENGINEERING AND CONSULTING, INC.
This Professional Services Agreement (“Agreement”) is made and effective as of February 6, 2023 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and Southstar Engineering and Consulting, Inc., a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until the Services described herein are completed, subject to Section 5 of this Agreement, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform Interim Public Works Director/City Engineer services consistent with the Director of Public Works/City Engineer job description attached hereto as Exhibit A and incorporated herein as though set forth in full (“Services”).
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement.
4. CITY MANAGEMENT
The City Manager or designee shall represent the City in all matters pertaining to the administration of this Agreement, including review and approval of all products submitted by Consultant.
5. PAYMENT
A. City agrees to pay Consultant monthly at an hourly rate of Two Hundred TwentyFive Dollars ($225.00). Payment for Services shall not exceed Twenty-Five Thousand Dollars ($25,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Consultant shall be compensated only for the Services set forth in this Agreement, unless any additional services are authorized in advance and in writing by the City Manager or designee. Consultant shall be compensated for any additional DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3
and Consulting, Inc.
services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual Services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Consultant's Services or fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefor.
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 Consultant at least ten (10) days’ prior written notice. Upon receipt of said notice, Consultant 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 Consultant 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, Consultant will submit an invoice to the City pursuant to Section 5.
7. DEFAULT OF CONSULTANT
If the City determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Consultant a written notice of the default. Consultant shall have seven (7) days after service of said notice to cure the default. In the event that Consultant 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 Consultant any costs incurred by the City as a result of Consultant’s default.
8. OWNERSHIP OF DOCUMENTS
A. Consultant 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. Consultant shall maintain adequate records of Services provided in sufficient detail to permit an DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3
and Consulting, Inc.
evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant 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 Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant'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. Consultant 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 Consultant in the course of providing the Services under this Agreement.
9. INDEMNIFICATION AND DEFENSE
A. Indemnity.
To the fullest extent permitted by law, Consultant 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 Consultant, its officers, agents, employees, or subconsultants (or any agency or individual that Consultant 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 Consultant is named in such Action, and upon demand by the City, Consultant shall defend the City at Consultant’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.
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C. Payment by the City for Services is not a condition precedent to enforcement of this section. Consultant’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 Consultant 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, Consultant 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. Consultant 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
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached hereto and made a part of this Agreement.
11. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant 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 Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant 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. Consultant further agrees to indemnify and hold the City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. The City shall have the right to DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3
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offset against the amount of any fees due to Consultant under this Agreement as a result of Consultant’s failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.
C. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subconsultants, 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, Consultant and any of its employees, agents, and subconsultants 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 CalPERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
12. LEGAL RESPONSIBILITIES
Consultant 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. Consultant 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 Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant 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 financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, 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
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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 Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, 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 Consultant gives the City notice of such court order or subpoena.
B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants 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 Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant 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 Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. 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.
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:
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