SOUTH GATE CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, September 24, 2024 at
6:30 p.m.
SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
VIEW MEETING LIVE ONLINE AT:
HTTPS://YOUTUBE.COM/@SOUTHGATECA90280
City Officials
MAYOR,
Gil Hurtado
CITY CLERK,
Yodit Glaze
VICE MAYOR,
Maria Davila
CITY TREASURER,
Jose De La Paz
COUNCIL MEMBER,
Maria del Pilar Avalos
CITY MANAGER,
Rob Houston
COUNCIL MEMBER,
Joshua Barron
CITY ATTORNEY,
Raul F. Salinas
COUNCIL MEMBER,
Al Rios
If you would like to participate in this meeting, you can participate via the following options:
1. VIEW THE MEETING LIVE ONLINE AT: https://youtube.com/@SouthGateCA90280 Please allow up to 24 hours after the meeting for the archive to be available.
2. PARTICIPATE BEFORE THE MEETING by emailing the City Clerk at:
[email protected] no later than 4:00 p.m. on the day of the meeting. Please write "Public Comment" in the subject line.
3. ATTEND THE MEETING IN PERSON
*The disruption in service of any alternative method does not prelude the City Council or other legislative
body from taking further action and moving forward on the agenda.
Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, 1 closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.
Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under 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 governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
City's Vision Statement
We envision a thriving, safe and inclusive community where everyone has the opportunity to access exceptional services, education and support to be resilient and live full, vibrant lives.
Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.
Emails for public comment received prior to 12pm on the day of the Council Meeting will be summarized by the City Clerk, not read in its entirety. A copy of the email will be provided to the City Council and will also be available at the City Clerk's Office for public review. A copy of each email will be recorded for public record and noted on the official minutes of tonight's meeting.
Call to Order/Roll Call With Invocation & Pledge
CALL TO ORDER:
Gil Hurtado, Mayor
INVOCATION:
Josue Villarreal, Iglesia de Cristo Eben-Ezer
PLEDGE OF ALLEGIANCE:
Daysi N. Alonzo
ROLL CALL:
Yodit Glaze, City Clerk
Meeting Compensation Disclosure
Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $790 monthly regardless of the amount of meetings.
Public Hearings - NONE
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment 2 due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.
Reports And Comments From City Officials
During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Consent Calendar Items
Agenda Items
1, 2, 3, 4, 5, 6, 7, 8, 9,
and
10 are Consent Calendar Items. All items including
Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action. Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.
Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.
1. Resolution declaring a continued emergency and authorizing repair, replacement or maintenance activities of public
facilities related to the Urban
Orchard, City Project No. 539-PRK without public bidding, pursuant to the Emergency
Contracting Procedures of the South Gate Municipal Code and the California Public Contract Code
The City Council will consider making a finding and adopting a Resolution
declaring an
emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539-PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code. (PW)
Documents:
Item 1 Report 09242024.pdf
2. Amendment No. 4 to Contract No. 2020-19-CC with RSG, Inc., for continued general on-call services
3 The City Council will consider: (CD)
a. Approving
Amendment No. 4 to Contract No. 2020-19-CC
with RSG, Inc.,
(“Agreement”) to continue providing as-needed services to the Community Development Department effective July 1, 2024, through June 30, 2025, with potential two one-year extensions in an amount not to exceed $200,000; and
b. Authorizing the Mayor to execute Amendment No. 4 in a form acceptable to the City Attorney.
Documents:
Item 2 Report 09242024.pdf
3. Amendment No. 4 to Contract No. 2022-25-CC with SA Associates for Design Services for the Water Main
Replacement, Phase III Project
The City Council will consider: (PW)
a.
Approving
Amendment No. 4 to Contract No. 2022-25-CC
with SA Associates
(“Agreement”) to prepared design and construction documents for the Watermain Replacement, Phase III, City Project No. 702-WTR for an amount not to exceed One Hundred Ninety Thousand Dollars ($190,000);
b. Authorizing the City Manager to approve and execute amendments up to a cumulative amount of $100,000; and
c. Authorizing the Mayor to execute the Professional Services Agreement in a form acceptable to the City Attorney.
Documents:
Item 3 Report 09242024.pdf
4. Amendment No. 2 to Contract No. 2022-41-CC with Honeywell International, Inc. for the South Gate City
Hall and Police Department HVAC System
The City Council will consider: (PW)
a. Approving
Amendment No. 2 to Contract No. 2022-41-CC
with Honeywell
International Inc., (“Agreement”) to purchase and/or replace major HVAC equipment for the systems serving the South Gate Police Department and South Gate City Hall, at a not to exceed cost of $192,359;
b. Authorizing the City Manager to approve amendments to Contract No. 2022-41-CC 4 with Honeywell International Inc., up to an additional cumulative amount of $500,000 in budgeted funds to purchase and/or replace major HVAC equipment for the systems serving the South Gate Police Department and City Hall, to be funded with General Funds budgeted in the FY 2024/25 Capital Improvement Program;
c. Authorizing the sole source purchase of a 30-ton chiller from the Carrier Corp., for the South Gate Police Department’s HVAC system, because of their quality, durability, safety features, components, their fitness for a particular use, and their ability to satisfy the City’s need for standardization of supplies, equipment or services; pursuant to South Gate Municipal Code section 1.54.510, at a cost not to exceed $85,776, (Exhibit B); and
d. Authorizing the Mayor to execute Amendment No. 2 to Contract No. 2022-41-CC in a form acceptable to the City Attorney.
Documents:
Item 4 Report 09242024.pdf
5. Amendment No. 2 to Contract No. 2022-85-AC with BDO USA, LLP., for continued general accounting services
and financial assistance to City of South
Gate Housing Authority
The City Council will consider: (CD)
a. Approving
Amendment No. 2 to Contract No. 2022-85-AC
with BDO USA, LLP.,
(“Agreement”) to continue providing as needed accounting and financial services to the City of South Gate Housing Authority (“SGHA”) effective July 1, 2024, through June 30, 2025, in an amount not to exceed $25,000; and
b. Authorizing the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.
Documents:
Item 5 Report 09242024.pdf
6. Approve Southern California Edison 5-Year Access License Agreement across SCE Property located adjacent
to the Hawkins Reservoir Facility
The City Council will consider: (PW)
a. Approving the Southern California Edison License
Agreement
, Contract No. 9.8335,
which authorizes the City to use their property for Water Division operations and maintenance activities; and
b. Authorizing the Mayor to execute the License Agreement, in a form acceptable to the City Attorney.
5 Documents:
Item 6 Report 09242024.pdf
7. Agreement with Mr. C’s Towing of South Gate, Inc., for vehicle towing and storage services
The City Council will consider: (PD)
a. Approving an
Agreement
with Mr. C’s Towing of South Gate, Inc. (“Mr. C’s”), for tow and storage services for a five-year term, with a City option for two, one-year extensions; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 7 Report 09242024.pdf
8. Notice of Completion for the Hawkins North and South Tank Rehabilitation Project
The City Council will consider: (PW)
a. Accepting completion of construction of the Hawkins North and South Tank Rehabilitation, City Project No. 645-WTR by Unified Field Services Corporation (“UFSC”), effective September 24, 2024; and
b. Directing the City Clerk to file a Notice of Completion with Los Angeles County Registrar Recorder’s Office.
Documents:
Item 8 Report 09242024.pdf
9. S
upplemental appropriations in the amount of $760,804 for FY 2023-24
The City Council will consider: (ADMIN SVCS)
a. Authorizing the total FY 2023-24 supplemental appropriations in the amount of $760,804 using various funds as outlined in this report and Attachment A in addition to any changes approved by the City Council.
b. Reallocating $596,896 in American Rescue Plan Act (“ARPA”) Funds from FY 2024- 6 25 Police Department Salaries to FY 2023-24 ARPA programs for mental health services.
Documents:
Item 9 Report 09242024.pdf
10. Minutes
The City Council will consider: (CLERK)
a. Approving the Special and Regular Meeting minutes of August 13, 2024;
b. Approving the Special Meeting minutes of August 21, 2024; and
c. Approving the Special and Regular Meeting minutes of August 27, 2024.
Documents:
Item 10 Report 09242024.pdf
Reports, Recommendations And Requests
11. City Council Appointments to the various City Commissions, Committees and Boards
The City Council will consider: (CM)
a. Ratifying the nomination by Council Member Joshua Barron of Daysi N. Alonzo to the Citizens' Advisory Committee;
b. Ratifying the nomination by Council Member Joshua Barron of Andres Gonzalez to the Tweedy Mile Advisory Board; and
c. Ratifying the nomination by Mayor Gil Hurtado to reappoint Sylvia Masushige to the Tweedy Mile Advisory Board.
Documents:
Item 11 Report 0924204.pdf
12. Approve warrant register for September 24, 2024
The City Council will consider approving the Warrant Register for September 24, 2024. (ADMIN SVCS)
Total of Checks: $4,115,734.66 Less: Voids $ (358,126.00)
Less: Employee Payroll Deductions
$
(508,755.76)
Grand Total: $3,248,852.90 7 Cancellations: 107168, 107308, 107329, 107331
Documents:
Item 12 Report 09242024.pdf
Adjournment
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on September 19, 2024, at 5:50 p.m., as required by law.
Yodit Glaze
City Clerk
GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.
MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:
City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.
PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers.
Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.
Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.
To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, email, mail. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.
CURFEW
8 In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.
STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.
SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
9 l I 'l ' 4 . l '
Item No. 1
FIL EDT,by Cil of South Gate"M CITY COUNCIL
AGENDA IIBJ[LL
For the Regular Meeting of: September 24, 2024
Originating Department: Public Works
1 nepartmentnirector: f
Arturo Cer-varbtes
City Manager:
Rob Houston
SUBJECT: RESOLUTION DECLARING A CONTINUED EMERGENCY AND
AUTHORIZING REPAIR, REPLACEMENT OR MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO THE URBAN ORCHARD, CITY PROJECT NO. 539-PRK WITHOUT PUBLIC BIDDING, PURSUANT TO THE EMERGENCY
CONTRACTING PROCEDURES OF THE SOUTH GATE MUNICIPAL CODE AND
THE CALIFORNIA PUBLIC CONTRACT CODE
PURPOSE: To declare an emergency still exists and to authorize the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project without public bidding. The Los Angeles County Department of Public Health, Solid Waste Division ("County") issued a Corrective Action Order requiring construction to stop on the project. The declaration of emergency is necessary to streamline the process to procure a replacement contractor to provide maintenance activities to preserve the site in a safe condition until the County authorizes construction work on the project to resume.
RECOMMENDED ACTIONS: The City Council will consider making a finding and adopting Resolution declaring an emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539- PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code.
FISCAL IMPACT: There is no impact to the General Fund. The Urban Orchard Project ("Project") has received a total of $30.5 million in grant and other funds for design, construction, operations, and maintenance, as summarized below.
ANALYSIS: The Project was under construction and approximately 90% of construction work has been completed. On December 29, 2022, the City received a Corrective Action Order ("Order") from the County. The Order required the City to stop all construction activities until such a time as a Post Closure Land Use Plan ("PCLUP") for the Project site was approved by the County. Given the PCLUP approval process and input received to date, it will take at least several months, possibly six or more, to obtain approval.
To avoid the significant delay damages that would be payable by the City to the general contractor during a prolonged suspension of the project pending approval of the PCLUP, the City 1 10
Council terminated the general contractor's agreement at a Special City Council meeting on February 6, 2023. Such termination provided both immediate and long-term cost savings to the City but also created an immediate need for the City to retain an interim contractor to perform certain ongoing maintenance and safety activities; a need which must be met sooner than the time necessary to engage in nortnal public bidding procedures The proposed Resolution declares a continued emergency exists pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code § 22050. Those Code Sections allow cities, by resolution, to approve the City's entry into contracts without engaging in public bidding where certain emergency conditions are found to have occurred. Staff continues to believe that the County's Order directing all construction work to be ceased on the Project, constitutes such an emergency due to the public's safety with an unfinished construction site and the need to respond accordingly to additional directives given by the County related to ensuring public safety. Staff are recommending that the City Council adopt the proposed Resolution so that the City can avail itself of the accelerated contracting procedures authorized by those Code Sections. The Resolution, (l) declares an emergency, (2) authorizes the City Manager to take such actions deemed necessary to cause the maintenance activities to be performed and to procure the necessary equipment, services, and supplies all without giving notice for bids for contracts, (3) requires that at each regularly scheduled City Council Meeting, the City Manager present to the Council the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids, why that action is necessary to respond to the emergency, and that the City Council review the emergency action to determine, by a four-fi:[th's vote, that there is a need to continue the emergency action until the emergency action is terminated.
The City is working diligently to secure the PCLUP approval. Since the original Resolution declaring an emergency was approved by the City Council on February 6, 2023, the following contracts, expenditures, and milestones have been undertaken:
1. NR Development Inc., was informed that Contract No. 2021-66-CC was terminated by the City Council effective February 13, 2023, except for maintenance activities. As of February 16, 2023, NR Development Inc., is no longer providing any project services or maintenance activities, with the exception of those required in the settlement agreement.
2. Approved a funding increase for TPL in the amount of $50,000. On January 24, 2023, the City Council approved a $250,000 budget for Amendment No. 6 to Contract No. 3352 with TPL; however, Atnendment No. 6 had a budget requirement of $300,000. A budget increase of $50,000 was administratively approved to align the amount of the budget authority with the $300,000 budget requirement for Amendment No. 6, which provides '[unding for the technical services required to comply with requirements from the LEA.
3, The LEA has approved the Summary of Investigations Report, Workplan of Interim Control Measures ("WICM"), Supplemental WICM and Phase II Workplan. The WICM safety measures were completed May of 2023. 2 11
4. The City coordinated with the Trust for Public Land ("TPL") to procure a replacement contractor: LA Engineering to complete the construction of maintenance activities in the WICM approved by the LEA for the Urban Orchard Project. A construction contract in the amount of $2,919,248 was executed administratively under the authority granted by the subject resolution (Contract No. 2023-93-CC). Work was completed as of April 2024, including the following: backfill of overflow structure at the south wetland, north wetland slope stabilization, backfill of the reservoir, installation of three vaults adjacent to the Bandini Channel, construction of the easement road, electrical on-site lighting.
5. Methane gas monitoring was completed in December 2023 and low traces of methane were detected at one probe; however, the amount is below regulatory requirements.
6. The LEA approved the Report of Finding of the Phase II Work Plan, with contingencies. The Post Closure Land Use Plan ("PCLUP") has been prepared and submitted to the County.
7. A contract was awarded to Executive Management Security Inc., in the amount of $214,995 to continue the security services on the Urban Orchard Project until June 30, 2024. A contract amendment is being dra:[ted.
8. NR Development, Inc. completed importing 9,300 cubic yards of clean soil and storing it on the UWS property.
9. A contract with W.A. Rasic in the amount of $141,985 for soil maintenance and management is in the process of being administratively approved, which was needed to oversee the import of 9,300 cubic yards of soil.
10. Amendment No. 7 to Contract No. 3352 with the Trust for Public Land was approved administratively in the amount of $522,072. The scope of service includes, (a) Program Management, (b) design services to revise the design plans to rebid construction, (c) construction support, (d) additional methane monitoring required by Los Angeles County Department of Public Health Solid Waste Division, (e) preparing the Post Closure Land Use Plan required by Los Angeles County Department of Public Health Solid Waste Division, and (f) extending the contract term to December 31, 2024.
11. Plans and specifications were completed, and the project was be advertised for construction in August 2024.
BACKGROUND: The Project is a part of the FY 2022/23 Capital Improvement Program. The Project is located between the Los Angeles River, Firestone Boulevard, the Thunderbird Villa Mobile Home Park, and the I-710 Freeway. The two primary purposes of the Project are to divert and treat storm water run-off from the Los Angeles River and to install a new park to provide riverfront recreational opportunities.
The Project is being constructed on a property that was used as an unpermitted landfill until 1949 by an entity known as Southeastern Disposal and By-Products. The property site is identified in CalRecycle's Solid Waste Information System ("SWIS") as an Unpermitted Closed Solid Waste Disposal Site and SWIS No. 19-AA-5545. In 1984, the State of California Department of Health 3 12
Services, Toxic Substances Control Division concluded that the clean-up work completed effectively mitigated waste constituents to proceed with the Lewis Homes residential development project. The requirements of the PCLUP came into effect in 1988. As such, the project site is subject to State solid waste regulations that require the PCLUP before any change to the current land use, construction, or land preparation can occur.
The Los Angeles County Department of Public Health, Solid Waste Management Program, acts as the LEA for the State of California's Department of Resources Recycling and Recovery ("CalRecycle"). The County is authorized by Division 30 of the Public Resources Code ("PRC"), Section 43209 and 45000, Title 14 and 27 of the California Code of Regulations (14 CCR & 27 CCR), to enforce applicable solid waste regulations and to ensure solid waste sites meet the state minimum standards within the County of Los Angeles. As such, the City is working with the LEA to obtain approval of the PCLUP.
Construction is currently at the 90% completion stage. Improvements that have been substantially completed include, but are not limited to, rough grading, drop inlet for storm water diversion structures in the Bandini Channel, a wetland overlook area, the stream adjacent to the education/flexible space building and wetland, south bio swale, construction of 18 raised planters, planting of 75 trees, installation of the prefabricated education center and the restroorn/maintenance building, two shade structures, a water element at the playground, installation of multi-use walking and bicycle pathways, exercise equipment located at various stages along the walking and bicycle paths, benches, picnic tables, drinking fountains, trash cans, and pathway lighting. Construction of the project will resume after the County approves the CPLUP.
The Project has received the listed grants.
Grants Amount Grant Recipient
State Water Resource Control Board (Prop 1) $7,975,100 City
Land and Water Conservation Fund (LWCF) $3,000,000 Los Angeles County Flood Control District $530,000 Safe Clean Water- Municipal Funds $1,435,401
Safe Clean Water- Regional Funds $5,438,000
State Parks- Prop. 68 Grant $1,919,847
Conservation Corp of Long Beach $713,015
Caltrans $5,000,000
Rivers and Mountains Conservancy Funds $4,404,798
TPLPrivate Donations $90,000
Total $30,506,161
ATTACHMENT: Proposed Resolution
GD:lc
4 13
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, ST ATE OF CALIFORNIA, DECLARING AN EMERGENCY STILL
EXISTS AND AUTHORIZING REPAIR, REPLACEMENT OR
MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO
THE URBAN ORCHARD PROJECT WITHOUT PUBLIC BIDDING,
PURSUANT TO THE EMERGENCY CONTRACTING PROCEDURES OF
THE SOUTH GATE MUNICIPAL CODE AND THE CALIFORNIA
PUBLIC CONTRACT CODE
WHEREAS, at the Special City Council meeting on February 6, 2023, the City Council for the City of South Gate ("City") considered and passed a Resolution declaring an emergency and authorized the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project ("Project") pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code; WHEREAS, construction activities at the Project site began on August 2, 2021, and have reached the eighty percent completion stage, but the Project will require several more months of work before it is complete;
WHEREAS, the City has received notice from the Los Angeles County Department of Public Health, Solid Waste Management Program ("County"), demanding that the City immediately cease all construction work on the Project until such time that a Post Closure Land Use Plan ("PCLUP") is submitted to the County for approval before any change to the current land use, construction, or land preparation can occur to comply with the requirements of the California Code of Regulations, Title 27 (27 CCR), Section 21190 (the "Cease and Desist and Corrective Action Order");
WHEREAS, the City has ten'ninated its construction agreement with the contractor; WHEREAS, although no construction activities will occur at the Project site until the County issues its PCLUP, it will be necessary in the interim for certain minimal maintenance activities to be perfori'ned at the site for the protection of the existing improvements and/or for public safety (collectively, the "Maintenance Activities") as well as complete the improvements approved by the County under the Workplan for interim measures; WHEREAS, at a special meeting of the South Gate City Council ("Council") held on Monday, February 6, 2023, the Council received infon'nation provided by the City's Public Works Department establishing that the City does not have sufficient manpower to perform the Maintenance Activities with its own forces, and that the imi'nediate need for the performance of the Maintenance Activities does not permit a delay that would result from a competitive solicitation for bids; and
s 14
WHEREAS, the City is working diligently to secure the PCLUP approval. The process is now nearly complete. The Workplan for interim measures lias been approved and its construction is complete, A Suinrnary of Site Investigation has been completed. The final report has been submitted to the County and received preliminary approval. Design and construction documents have been completed and were advertised for construction bids on August 2024.
NOW, THEREFORE, BASED ON THE FACTS SET FORTH ABOVE, THE COUNCIL
OF THE CITY OF SOUTH GATE, CALIFORNIA, HEREBY MAKES THE FOLLOWING FINDINGS:
1. The County's issuance of the Cease and Desist and Corrective Action Order at the current stage of the Project work, coupled with the ixni'nediate and ongoing need to perfon'n the Maintenance Activities, has created an emergency for the City with respect to the Project; and
2. The emergency will not permit a delay resulting from a competitive solicitation for bids to perform the Maintenance Activities; and
3. The actions to be taken pursuant to the Resolutions set forth below continue to be necessary to respond to the emergency; and
4. The City is working diligently to secure the PCLUP approval. The process has been initiated; the Workplan for interim measures has been approved; a Summary of Site Investigation has been completed; and the final report has been submitted to the County.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals and findings are true and correct and incorporated herein by reference.
SECTION 2: Pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code {§ 22050, the Council hereby authorizes and directs the City's City Manager and his designees to take such actions as the City Manager deems necessary to cause the Maintenance Activities to be performed, and to procure the necessary equipment, services, and supplies therefore, all without giving notice for bids to let contracts, and without regard to the dollar amounts of the contracts for such activities, equipment, services and supplies.
SECTION 3: At each regularly scheduled meeting of the Council after the date of the original Resolution, dated February 6, 2023, until further notice from the Council, the City Manager has and shall continue to present to the Council the reasons justifying the emergency, that the emergency declaration will reduce delays and associated costs that would otherwise result from the competitive solicitation for bids and why that action is necessary to respond to the emergency.
15 SECTION 4. At eacli such regularly sclieduled meeting until tlie emergency action is ten'ninated, the Council shall review the emergency action to deten'nine, by a four-fifth's vote, that tliere is a need to continue tlie emergency action.
SECTION 5, The Council sliall teri'ninate tlie emergency action at the earliest possible date tliat conditions warrant, so that the remainder of tlie construction activities may be completed by giving notice for bids to let contracts.
SECTION 6. In accordance with the provisions of California Public Contract Code EB 22050, this Resolution shall only be effective if passed by a four-fifths vote of the Council.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 24k" day of September 2024.
CITY OF SOUTH GATE:
By:
Gil Hurtado, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
6<'Tt"y Ac'4rney
7 16
':?"r' i,""i ';
Item No. 2
FILED z:qr City of South Gate
CITY COUNCIL
AG3fDA BT[LL
Department Director.'
For the Regular Meeting of: September 24, 2024
Ori Department: Community Development
City Manager:
Meredith : Elguira RobHouston
SUBJECT: AMENDMENT N0. 4 TO CONTRACT N0. 2020-19-CC WITH RSG, INC., TO
CONTINUE PROVIDING GENERAL ON-CALL SERVICES FOR THE COMMUNITY
DEVELOPMENT DEPARTMENT
PURPOSE: To approve Amendment No. 4 to Contract No. 2020-19-CC ("Amendment No. 4") with RSG, Inc., ("RSG") to continue providing general on-call services for an additional one year.
RECOMMENDED ACTIONS: The City Council will consider:
a. ApprovingAmendmentNo.4toContractNo.2020-19-CCwithRSG,Inc.,("Agreement") to continue providing as-needed services to the Community Development Department effective July 1, 2024, through June 30, 2025, with potential two one-year extensions in an amount not to exceed $200,000; and
b. Authorizing the Mayor to execute Amendment No. 4 in a form acceptable to the City Attorney.
FISCAL IMPACT: The cost for proposed Amendment No. 4 cost is included in the Fiscal Year 2024/25 Municipal Budget. Funding for this contract comes from a number of special revenue funds and is based on a time and material basis applied to the specific project.
ANALYSIS: RSG provides a variety of services to the City of South Gate ("City") through the Plaru'iing Division, the Successor Agency, and the Housing Authority. These services include studies and professional guidance in areas where the City may not have the expertise to comply with complex housing issues. The proposed amendment would allow RSG to continue providing the expertise the City needs to keep projects moving forward to fruition, while the Department fills its vacant positions. For now, the City will continue to rely on RSG's expertise to assist in the following projects/programs:
Facilitate the development of the Surplus Land Act parcels Prepare the Housing Authority2 Annual Report.
Monitor and provide required grant reporting on behalf of the Housing Authority Update Economic Development Strategic Plan
ASSiStS in updating codes and policies
1 17
6. Continue to administer and apply for grants.
BACKGROUND: The City's Housing Division, Housing Authority, and Successor Agency must work within a complex and ever-changing set of federal and state laws to retain compliance and to advance various affordable housing initiatives and policies for the benefit of our community. The City often utilizes consultants to provide these specialized services when they are needed only on an intermittent basis. The City has been utilizing RSG for many of its Housing related services and for grant writing. The proposed amendment to the City's current agreement with RSG would allow RSG to complete several important projects within the current fiscal year as well as extend the existing agreement to expire at the end of the next fiscal year on June 30, 2025. These tasks are included in the attached Scope of Work to Amendment No. 4, (See, Exhibit "A").
ATT ACHMENTS: A. Proposed Amendment No. 4 (including Scope of Work - Exhibit "A") B. Amendment No. 3 to Contract No. 2020-19-CC*
C. Amendment No. 2 to Contract No. 2020-19-CC*
D. Amendment No. 1 to Contract No. 2020-19-CC*
E. Contract No. 2020-19-CC*
"Each document is available for review through the City Clerk's Office. 2 18
Attachment A
AMENDMENT N0. 4 TO CONTRACT N0. 2020-19-CC FOR ADDITIONAL
GENERAL ON-CALL SERVICES FOR THE TIIE COMMUNITY
DEVELOPMENT DEPARTMENT BETWEEN THE CITY OF SOUTH GATE AND RSG, INC.
This Amendment No. 4 to Contract No. 2020-19-CC for additional general on-call services for the Community Development Department ("Amendment No. 4 "), is made and entered into on September 24, 2024, by and between the City of South Gate, a municipal corporation ("City"), and RSG, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties."
RECIT ALS
WHEREAS, on March 10, 2020, the City Council approved the Agreement with Consultant to provide general on-call services related to the development and management of housing policies and related grant programs, in an amount not to exceed One Hundred Seventy-Two Thousand One Hundred Fifteen Dollars ($172,115);
WHEREAS, on May 25, 2021, the City Council approved Amendment No. 1 to the Agreement for additional one-year term, through and including June 30, 2022, in the amount not to exceed Two Hundred Three Thousand Nine Hundred Fifteen Dollars ($203,915), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No. 1 to Three Hundred Seventy-Six Thousand Thirty Dollars ($376,030);
WHEREAS, on July 26, 2022, the City and Consultant approved Amendment No. 2 to the Agreement for an additional one-year term through and including June 30, 2023, in the amount not to exceed Four Hundred Thirty-Five Thousand Six Hundred Fifteen Dollars ($435,615), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment Nos. 1 and 2 to Eight Hundred Eleven Thousand Six Hundred Forty-Five Dollars ($811,645); WHEREAS, on August 8, 2023, the City Council approved Amendment No. 3 to the Agreement for an additional one-year term, through and including June 30, 2024, in the amount not to exceed Three Hundred Fifty-Two Thousand Dollars ($352,000), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and AmendmentNos. 1, 2 and 3 to One-Million One Hundred Sixty-Three Thousand and Six Hundred Forty-Five Dollars ($1,163,645); WHEREAS, on September 24, 2024, the City Council approved Amendment No. 4 to the Agreement for an additional one-year ternn, through and including June 30, 2025, with potential two one- year extensions in the amount not to exceed $200,000 under the terms and conditions of the Agreement, bringing tlie aggregate total of the Agreement and Amendment Nos. 1, 2, 3 and 4 to One Million Three Hundred Sixty-Three Thousand and Six Hundred Forty-Five Dollars ($1,363,645); WHEREAS, the Work Program is attached hereto as Exhibit "A" and incorporated herein by reference; and
19 NOW, THEREFORE, the Parties hereby agree as follows:
1. MODIFICATION TO AGREEMENT.
a. COMPENSATION FOR SERVICES. The amount of compensation paid by City to t h e Consultant for the additional services as identified in Exhibit "A" shall not exceed $200,000, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment Nos. 1, 2, 3 and 4 to One Million Three Hundred Sixty-Three Thousand and Six Hundred Forty-Five Dollars ($1,363,645);
b. TERM OF AGREEMENT. This Amendment No. 4 is effective July 1, 2024, through and including June 30, 2025, with potential two one-year extensions or unless otherwise terminated as provided for under the terms of the Agreement.
2. EFFECT OF AMENDMENTS. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachments, and Exhibits thereto, shall remain in full force. All the recitals to this Amendment No. 4 are incorporated into the Agreement as modified by Amendment No. 4.
[The remainder of this page left blank intentionally] 20 3. EFFECTIVE DATE. The effective date of this Agreement is July 1, 2024, and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
B)7:
Gil Hurtado, Mayor
Dated:
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
Raul F. Salinas, City Attorney
RSG, INC.:
B7:
Jim Simon, Principal
Dated:
21 Exhibit A
RSG
BETTER COMMUNITIES.
SOLDER FtlTtlRES.
May 10, 2024 Via Electronic Mail
Meredith Elguria, Community Development Director
CITY OF SOUTH GATE
8650 California Avenue
South Gate, CA 90280
PROPOSED 2024-25 WORK PROGRAM
COMMUNITY DEVELOPMENT, SUCCESSOR AGENCY, AND HOUSING AUTHORITY Dear Ms. Elguria:
Per your request, RSG is pleased to present the attached scope of work to provide the following services to the City of South Gate:
Affordable Housing Development, Transactional, and Policy Services Housing Authority and Housing Successor Services
Real Estate Transaction and Economic Services
Economic Development Advisory Services
Successor Agency Services
Other than the required Housing Authority, Housing Successor Agency, and Successor Agency annual reporting activities, all work would be provided on an as needed basis at the request of City staff. These requests will be coordinated through our point of contact within the City to ensure clarity and proper tracking of all tasks.
RSG has been assisting the City for approximately I 0 years in these capacities, commencing with assistance with the wind-down of the former South Gate Community Development Commission as part of the dissolution of redevelopment. Next year will entail activities to prepare for the conclusion of most, if not all, of the South Gate Successor Agency activities, while also seeing the expected approvals of affordable housing agreements on as many as four separate affordable housing projects. We also anticipate the City will continue to collect and strategically deploy grant funds on housing, transit-oriented development, and Brownfields projects as part of an overall economic development strategy adopted in June 2019. Finally, next year may include an update to the economic development strategy itself.
Please let me know if you have any questions or refinements to this proposal. We can commence work upon receipt of a contract.
Sincerely,
RSG, INC.
Jim Simon, Principal
SAN DIECO LOS ANGELES OAKLAND
170 Eucalyptus Ave, Suite 200, Vista, CA 92084 I 714.541.4S85 i rsgsolutions.com 22 2024-25 SCOPE OF WORK AND BUDGET ESTIMATE
SOUTH GATE HOUSING AUTHORITY AND HOUSING SUCCESSOR AGENCY
WORK PROGRAM ANTICIPATED
9001-19 Long Beach Boulevard (proposed Habitat Project)
1. Prepare financial analysis needed for the eventual approval of any local funding for the development of the property, including preparation of a Section 33433 Summary Report, HUD Subsidy Layering Analysis, and general pro forma underwriting.
2. Providing a technical review or the draft affordable housing agreement or other documents prepared by legal counsel to ensure accuracy with negotiated deal terms. 3626 Tweedy Boulevard (parklet property)
1. ASSiSt with Surplus Land Act compliance and the subsequent proper disposition of this housing asset as required by law.
2. Prepare Section 33433 Summary Report as required by law.
3. ASSiSt staff properly deposit and deploy housing sale proceeds as required by law. 2703 Tweedy Boulevard (Amigos Market lease)
1. ASSiSt with Surplus Land Act compliance and the subsequent proper disposition of this housing asset as required by law.
2. ASSiSt staff properly deposit and deploy sale proceeds as required by law, unless the site is to be sold to an affordable housing developer under a partnership with the City, in which case the additional activities would be needed:
a. Reviewandanalysisofdeveloperproformaaspartofaprojectfeasibilityandpossible underwriting analysis.
b. Providing technical review related to legal documents such as a purchase and sale agreement, affordable housing agreement, or other required documents. c. Preparation of financial analysis reports or studies that may be required for the above
3. Prepare Section 33433 Summary Report as required by law. 13050 Paramount Bl (former Rancho Market property)
1. ASSiSt with Surplus Land Act compliance and the subsequent proper disposition of this housing asset as required by law.
2. ASSiSt staff properly deposit and deploy housing sale proceeds as required by law, unless the site is to be sold to an affordable housing developer under a partnership with the City, in which case the additional activities would be needed:
a. Review and analysis of developer pro forma as part of a project feasibility and possible underwriting analysis
b. Providing technical review related to legal documents such as a purchase and sale agreement, affordable housing agreement, or other required documents. c. Preparationoffinancialanalysisreportsorstudiesthatmayberequiredfortheabove RSG Housing Services 2024-25
'7 23
2024-25 SCOPE OF WORK AND BUDGET ESTIMATE
SOUTH GATE SUCCESSOR AGENCY
WORK PROGRAM ANTICIPATED
Prior Period Adjustment (PPA) and Recognized Obligation Payment Schedule (ROPS) Prepare PPA due October 1, 2024
Prepare ROPS 24-25 Amendment,if necessary, due October 1, 2024 Prepare ROPS 25-26 including Administrative Budget, Due February 1, 2025 Prepare for shut down of the Successor Agency in 2025, assuming property disposition activities are completed and successful.
7916 Long Beach Bl (former GDS Institute)
1. ASSiSt with Surplus Land Act compliance and the subsequent proper disposition of this Successor Agency asset as required by law.
2. ASSiSt staff properly deposit and deploy sale proceeds as required by law, as applicable.
EI Paseo Parking Lot Property (portion of parking lot)
1. ASSiSt with Surplus Land Act compliance and the subsequent proper disposition of this Successor Agency asset as required by law.
2. Likely assist the City seek grant funding (assuming ROPS funding is not available) to address remediation work that could be necessary to facilitate the sale of this property
3. ASSiSt staff properly deposit and deploy sale proceeds as required by law, as applicable.
Other Services (which may be related to the above activities)
1. Preparation and/or oversight of schedules as directed by staff
2. Attend meetings and participate as requested by staff
3. Preparation of agenda bill drafts, resolutions, and presentations as directed by staff.
BUDGET
Projected
2024-25
Successor Agency $45,000
Total $ 45,000
Estimated 2023-24 Budget (for Reference)
Billed Through April 20241
$ 45,000
16,005
' In light of the project delays experienced during the 2023-24 fiscal year, our budget projections for 2024-25 have been carefully evaluated to ensure they accurately reflect current and anticipated project needs. We aim to maintain flexibility and efficiency, adapting our financial planning as necessary to meet the evolving priorities and schedules of the City.
RSG Successor Agency Services 2023-24
24 2024-25 SCOPE OF WORK AND BUDGET ESTIMATE
CITY OF SOUTH GATE COMMUNITY DEVELOPMENT DEPARTMENT (excluding Housing Authority, Housing Successor, and Successor Agency Services)
WORK PROGRAM ANTICIPATED
7916 Long Beach Bl (proposed Azure Community Development project)
1. Prepare financial analysis needed for the eventual approval of any local funding for the development of the property, including preparation of HUD Subsidy Layering Analysis and general pro forma underwriting.
2. Providing a technical review of the draft affordable housing agreement or other documents prepared by legal counsel to ensure accuracy with negotiated deal terms. 5821 Firestone Bl
1. ASSiSt with Surplus Land Act compliance and the subsequent proper disposition of this City asset as required by law.
2. Coordinate with legal counsel to navigate the deed restriction currently in place. 4909 Mason St (former Public Works property)
3. ASSiSt with Surplus Land Act compliance and the subsequent proper disposition of this City asset as required by law.
4. Review and analysis of developer pro forma as part of a project feasibility and possible underwriting analysis
5. Providing technical review related to legal documents such as a purchase and sale agreement, affordable housing agreement, or other required documents.
6. Preparation of financial analysis reports or studies that may be required for the above
7. ASSiSt staff properly deposit and deploy sale proceeds as required by law, as applicable.
METRO TOD-SIP Grant
1. Note: Schedule was delayed for 2022-23 and 2023-24 due to delays in the Gateway District Specific Plan so only a limited amount of funding was used in those years
2. Upon receipt of comments from staff of draft public facilities financing plan, finalize document and await direction from staff regarding next steps.
3. Upon receipt of comments from staff of draft community benefits policy, finalize document and await direction from staff regarding next steps.
4. Upon completion of the Gateway District Specific Plan and direction from staff, proceed with the joint execution of a equitable development strategy for the Gateway District area as described in the Grant work plan.
5. ASSiSt staff with administration of the grant program, including preparation or quarterly reports.
EPA Communitywide Brownfields Program
1. ASSiSt staff with coordination with engineering and community engagement consultants.
2. ASSiSt staff with administration of the grant program, as directed.
EPA Targeted Brownfields Program for 13050 Paramount Bl
1. ASSiSt staff with coordination with EPA's engineering consultants.
RSG City of South Gate Community Development Services 2024-25
/O 25
2024-25 SCOPE OF WORK AND BUDGET ESTIMATE
CITY OF SOUTH GATE COMMUNITY DEVELOPMENT DEPARTMENT (excluding Housing Authority, Housing Successor, and Successor Agency Services)
2. ASSiSt staff with administration of the grant program, as directed.
Permanent Local Housing Allocation (PLHA) Grant, as needed and requested by staff
1. Pending successful HCD certification of City's Housing Element, assist staff with identification of PLHA projects and preparation of grant fund draws.
2. ASSiSt staff with administration of the grant program, as directed.
Update 2019 Economic Development Strategy ()
1. Assemble economic, demographic, real estate, and other data to update existing conditions.
2. Review regional economic development priorities for context and alignment (to aid in possible streamlining or leveraging funding opportunities)
3. Meet with City Council members, local stakeholders (in the form of a task force), and staff to discuss past actions, needs and priorities.
4. Develop strategy like scope, format and structure as 2019 strategy.
Other Services (which may be related to the above activities) As needed services, as directed by staff.
Preparation and/or oversight of schedules as directed by staff.
Attend meetings and participate as requested by staff.
Preparation of agenda bill draffs, resolutions, and presentations as directed by staff.
BUDGET
Projected
2024-25
(without ED
Strategy)
Projected
2024-25
(with ED
Strategy)
METRO TOD-SIP Grant $ 80,000 $ 80,000
PLHA Grant 5,000 5,000
City 30,000 80,000
Total $115,000 $165,000
Estimated 2023-24 Budget (for Reference)
Billed Through April 20241
$135,000
42,65'l
$ 185,000
42,657
' In light of the project delays experienced during the 2023-24 fiscal year, our budget projections for 2024-25 have been carefully evaluated to ensure they accurately reflect current and anticipated project needs. We aim to maintain flexibility and efficiency, adapting our financial planning as necessary to meet the evolving priorities and schedules of the City.
RSG City of South Gate Community Development Services 2024-25
26 ()fiir i' u'the
South Gale City Clerk
Item No. 3
SFP 19 202%
F-I L-E-[-
f;b'larl
C'Uy of South Gate
CITY COUNCIL
AGENDA BULL
, DepartmentDirector:
For the Regular Meeting of: September 24, 2024
Originating Department: Public Works
72 citywanager:
Arturo Cervantes Rob Houston
SUBJECT: AMENDMENT NO. 4 TO CONTRACT N0. 2022-25-CC WITH SA
ASSOCIATES FOR ENGINEERING DESIGN SERVICES FOR THE WATER MAIN REPLACEMENT, PHASE III, CITY PROJECT N0. 702-WTR
PURPOSE: SAAssociateswasawardedaProfessionalServiceAgreement(ContractNo.2022- 25-CC) to prepare design and construction documents for the Watermain Replacement, Phase I, City Project No. 689-WTR. Amendment No. 4 provides additional design services to prepare the design and construction documents for the next phase of work.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 4 to Contract No. 2022-25-CC with SA Associates ("Agreement") to prepared design and construction documents for the Watermain Replacement, Phase III, City Project No. 702-WTR for an amount not to exceed One Hundred Ninety Thousand Dollars ($190,000);
b. Authorizing the City Manager to approve and execute amendments up to a cumulative amount of $100,000; and
c. Authorizing the Mayor to execute the Professional Services Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact to the General Fund. Amendment No. 4 is in the amount of $190,000, and it will be funded with the Water Funds budgeted in Account No. 411- 731-71-9523 (Water Fund - Water Main Replacement Phase III, City Project No. 702-WTR).
Project Budget Water Fund
Phase I/II
Water Fund
Phase III
Design Phase $232,000
Amendment No. 1 $33,500
Amendment No. 2 $8,000
Amendment No. 3 $16,000
Total Phase I/II Budget $289,500
Amendment No. 4 $190,000
Staff Time $20,000
Total Phase III Project Budget $210,000
1 27
ANALYSIS: SA Associates designed the recently completed Water Main Replacement Phase I and Phase II, Project under the Agreement. The original contract included approximately 3.2 miles of watermain replacements; however, the City did not have the budget to fully fund construction.
There the project was broken up into three separate phases. Before it was separated into three phases, SA Associates had already performed utility surveys on all the watermains. Of the 3.2 miles, final design and construction documents have not been prepared for approximately 3,800 linear feet of pipeline, although the utility surveys have been completed. Under Amendment No, 4, SA Associates will be preparing final construction documents for the remaining 3,800 linear feet of pipelines, plus an additional 3,000 linear feet of pipelines replacements programmed to be completed this fiscal year under the Capital Improvement Project.
The total design cost to prepare design and construction documents separately for the 3,800 linear feet and 3,000 linear feet of pipeline replacements is $233,000. SA Associates has agreed to a reduced cost of $190,000 since there would be an economy of scale savings in completing the work.
BACKGROUND: The Water Main Replacement, Phase III Project is a part of the Water Master Plan Capital Improvement Program. The project includes replacing watermains on Sequoia Drive from State Street to Elizabeth Avenue, Elizabeth Avenue from Michigan Avenue to north of Martin Luther King Jr. Boulevard, Dolores Avenue from Century Boulevard to Seminole Avenue, State Street, from Tweedy Boulevard to Southern Avenue, Michigan Avenue from Elizabeth Avenue to San Antonio Avenue and Capistrano Avenue from Tweedy Boulevard, to Wisconsin Avenue. The Phase III project will replace approximately 7,800 linear feet of watermains On April 26, 2022, the City Council approved the Agreement with SA Associates to prepared design and construction documents for the Water Main Replacement Phase I, Project, in the amount of $232,000.
* On July 26, 2022, the City Council approved Amendment No. 1 to the Agreement. It was needed to break up the project into two separate projects, each with their own set of plans and specifications, in the amount of $33,500.
@ On December 21, 2023, the City Manager approved Amendment No. 2 to the Agreement.
It was required to revise the design documents for the Tweedy Boulevard pipeline to improve constructability, in the amount of $8,000.
@ AmendmentNo. 2 also extended the contract term 12 months, from April 26, 2024 through April 26, 2025. On July 17, 2024, the City Manager approved Amendment No. 3 to the Agreement. It was needed to provide design services during construction to resolve unforeseen field conditions. This included redesign of the pipeline on State Street and cost to complete the As-Built drawings.
Amendment No. 4 provides services to complete the design and construction documents for the next phase of water pipeline replacements.
City staff is requesting that the City Manager be authorized by the City Council to approve an additional cumulative amount of $100,000 in budgeted funds for design services to SA Associates to perform design services, to be funded with Water Funds budgeted in the FY 2024/25 Capital 2 28
Improvement Program. The reason for the City Manager to be authorized for the additional amount is because this allows City staff to keep the project moving and not delay the project which will save money and time.
ATT ACHMENTS: A. Proposed Amendment No. 4 (including Exhibit A) B. Amendment No. 3*
C. Amendment No. 2*
D. Amendment No. 1 *
E. Contract 2022-25-CC*
*Each document is available for review through the City Clerk's Office.
DD:lc
29 Attachment A Amendment No. 4
Contract No. 2022-25-CC
AMENDMENT N0. 4 TO CONTRACT N0. 2022-25-CC BETWEEN THE
CITY OF SOUTH GATE AND SA ASSOCIATES FOR ENGINERING
DESIGN SERVICES FOR THE WATER MAIN REPLACEMENT
PROJECT PHASE III, CITY PROJECT N0. 702-WTR
This Amendment No. 4 to Contract No. 2022-25-CC ("Amendment No. 4") for Engineering Design Services for the Water Main Replacement Project Phase III, City Project No. 702-WTR, is made and entered into on September 24, 2024, by and between the City of South Gate, a municipal corporation ("City"), and SA Associates, a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on April 26, 2022, the City Council approved the Agreement for Engineering Design Services for the Water Main Replacement Project Phase I, City Project No. 689-WTR ("Project"), in an amount not to exceed Two Hundred Thirty-Two Thousand Dollars ($232,000); and
WHEREAS, on July 26, 2022, the City Council approved Amendment No. 1 to the Agreement in an amount not to exceed Thirty-Three Thousand Five Hundred Dollars ($33,500) to perform additional design services; and
WHEREAS, on December 21, 2023, the City Manager approved AmendmentNo. 2 to the Agreement in an amount not to exceed Eight Thousand Dollars ($8,000) to perform project management and additional design services; and
WHEREAS, on July 17, 2024, the City Manager approved Amendment No. 3 to the Agreement in an amount not to exceed Sixteen Thousand Dollars ($16,000) to additional design and construction services; and
WHEREAS, the City and Consultant desire to execute Amendment No. 4 in an amount not to exceed One Hundred Ninety Thousand Dollars ($190,000), for semices identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement including Amendment No. 1, No. 2 and No. 3 to Four Hundred Seventy-Nine Thousand Five Hundred Dollars ($479,500).
NOW, THEREFORE, the parties hereby agree as follows:
1. SCOPE OF WORK.
City hereby engages Consultant and Consultant, accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and part ofthis Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing.
2. COMPENSATION.
The amount of compensation paid by City to Contractor for the work identified in Exhibit
30 Amendment No. 4
Contract No. 2022-25-CC
"A" shall not exceed One Hundred Ninety Thousand Dollars ($190,000), bringing the total aggregate amount of the Agreement and Amendment Nos. 1, 2, 3 and 4 to Four Hundred Seventy-Nine Thousand Five Hundred Dollars ($479,500).
3. TERM OF AGREEMENT.
The term of the Agreement is effective as of April 26, 2022, and will remain in effect till December 20, 2025, or until project completion, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided in the Agreement.
4. EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section 1 above.
Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 4 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
B7:
Gil Hurtado, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
Rail F. Salinas, City Attorney
SA ASSOCIATES:
B7:
Shahnawaz Ahmad, P.E., President
Date:
31 Exhibit A
ASSOCIATES
June 26, 2024
Derwin Dy, P.E.
Principal Civil EngineerNVater Resources Manager
City of South Gate, Public Works
8650 California Avenue
South Gate, California 90280
Subject: Amendment No. 3: Proposal for Professional Engineering Services for the Water Main Replacement, Phase Ill
Dear Derwin:
In accordance with your Request for Professional Engineering Services for the Water Main Replacement, Phase Ill, SA Associates (SAA) is pleased to submit our additional scope of work and associated fees.
The water main replacement, Phase Ill, will serve to supplement improvements,already completed or under construction at various locations within the City under Phase I, Project No. 689-WTR. PS&E bid documents for Phase I were prepared by SAA as follows:
Cherokee Avenue, from State Street to Elizabeth Street, with its construction completed in 2023.
Michigan Avenue/Wisconsin Avenue/Minnesota Avenue/Tweedy Boulevard, all from State Street to Elizabeth Street, and State Street /Elizabeth Street, both from Tweedy Boulevard to Michigan Avenue, are currently under construction.
It is our understanding that the City or South Gate (City) is seeking to engage a professional engineering consultant to provide design services for the Water Main Replacement Project, Phase Ill (Project). The City intends to improve the flow, pressure, reliability, and fire protection by replacing the existing water mains in various streets. Based on our review of the City's 2019 Water Master Plan, we understand that the City is seeking to replace existing cast iron pipe (CIP) water mains in street segments that have been identified as having deficiencies in pressure, reliability, velocity, and fire flow capacity. The project locations for the Phase Ill project call for improvements to abandon existing CIP water mains and to replace them with new ductile iron pipe (DIP). As depicted in Figure 1 and Table 1. The existing water mains are either 4-inch, 6-inch, or 8-inch in diameter and were constructed in the 1950s. A total of approximately 15 miles (7,810 feet) of CIP water mains are to be replaced with a proposed 8-inch and 12-inch DIP main.
South
FIGURE 1: PROJECT LOCATIONS MAP
TABLE 1: SUMMARY OF THE PROJECT'S WATER misuaies AND THEIR LOCATION
32 ASSOCIATES
a
i
r I i-f i 2
a Ii
Locations of Proposed Water Mains
1 State St. From Tweedy Blvd. to Southern Ave. 2,435 2 Michigan Ave. From Elizabeth Ave. to San Antonio Ave. 935 3 Sequoia Dr. From State St. to Elizabeth Ave. 1 ,300 4 Elizabeth Ave. From Michigan Ave. to North of MLK Junior I ,830 5 Capistrano Ave. From Tweedy Bld. To Wisconsin Ave. 630 6 Dolores Ave. From Century Blvd. to Seminole Ave. 680 Total Length of Water Main Improvements u78l0
"Proposed Diameter Size to be provided by the City. Hydraulics analysis is not included in the scope of work.
All water main replacement segments are within the City of South Gate, except for the one in Sequoia Drive, which would require coordination with the City of Lynwood because its boundary extends to the east approximately 200 LF from State Street into Sequoia Drive. During the preliminary phase, we will contact the City of Lynwood and impacted utility companies to coordinate permitting requirements for encroachment. We will also closely coordinate with the City of South Gate until permits are granted.
The work at these locations includes tie-ins to the adjacent water mains, replacement of water service connections, fire hydrants, hydrant laterals, fire service, laterals, water meters, blow-offs, air release valves, and water valves wherever applicable, street repaving, and abandonment of existing cast iron mains.
The SA Associates engineering team is committed to maximizing all of its resources to provide the most cost-effective design for the water main that satisfies the City's needs. This team has completed numerous water main designs with success for various cities and agencies throughout Southern California. This includes, as previously mentioned, the preparation of plans, specifications, and estimates for the City of South Gate, Water Main Replacement Project, Phase I, with an approximately length of 1,250 LF on Cherokee Ave, and approximately 6,150 LF on Tweedy Blvd., Elizabeth Ave., Michigan Ave., Wisconsin Ave., Minnesota Ave., and State St. In addition, we also recently completed plans, specifications, and estimates for Phase I for approximately 15,000 LF of water main (DIP and CMLC Steel pipes) replacements for the City of Ontario and have also recently completed PS&E for Phase II with an approximate length of I 7,000 LF. Efforts to complete these projects also comprised extensive coordination with the State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) for those instances where proposed main do not comply with horizontal and vertical separation requirements.
We will apply our experience and knowledge to this Project. The crucial part of this is identifying the appropriate alignment for the proposed water mains. The goal is to minimize conflicts with nearby utilities, expedite permits/coordination with agencies having jurisdiction, minimize vehicle disruptions and to the public, stay focused on the important design items, and ensure the most cost-effective design. If more than one cost effective alignments are feasible, SA Associates will bring it to the City's attention and will coordinate the best location for maintenance and other issues. For the purpose of expediting the utility coordination process, we have already conducted preliminary utility research using DigAlert and obtained contact inTormation for the utility companies. Table 2 provides a list of utility companies present within the project limits. We will perform additional research once we receive the Notice to Proceed.
33 ASSOCIATES
TABLE 2: SA ASSOCIATES UTILITY RESEARCH - COMPANIES WITHIN PROJECT LOCATIONS AT&TCommunications UtilityCoordinator 888-290-3ffl [email protected] City of Huntington Park Cesar Roldan 323-584-6320 [email protected] CityofLynwood MirT.Fattahi 310-603-0220 [email protected] LA County Public Works - JeffreyJeffrey
Magallanes 626-458-1709 [email protected]
LA County Sanitation Districts Erika Ballesteros 562-908-4288 [email protected] Utility Coordinator 213-367-2659 N/ALA Department of Water and Power
MCI - Verizon Business Tyler Van Wyk 800-289-3427 [email protected] Metropolitan Water District Daniel Diaz 213-217-7663 [email protected] NextGlaven - Crown Castle Nick Belinsky 800-654-3110 [email protected] Plains All American Pipeline Enden Nelson 307-253-8522 [email protected] Southern California Edison -
Distribution
Gilbert Aceves
Vincent Ponticello
909-548-7249
323724o08l [email protected]
Southern California Gas
Company - Distribution Jason Sum 3106872011 [email protected] Southern California Gas
Company - Transmission Eric Casares 8187014546 [email protected] Spectrum Communications Josue Carrillo 818-922-6839 [email protected] SA Associates' overall approach for your project is to provide hands-on engineering in order to create robust contract documents and reduce the risk oT change orders. This project has multiple features that will require proper construction sequencing to avoid delays in construction. With regard to streamlining the design phase of the Project, the key technical approach to be used by the design team is on the following page. i *TopograpicSurvey I
*Record drawings and utility coordination
' iiCoordination with outside agencies, including
City of Lynwood
(L
L Expedite coordination among all affected parties 2, Evaluate design alternatives immediately and present fflthem to the City
3. Sequence project tasks to occur simultaneously
where possible (i.e., evaluate alternatives for service connections during the field survey and digital topo preparation)
4 . Coordinate thoroughly throughout the entire project
5. Sequence meetings to occur at favorable days/times (i.e., meetings with City staff and other meetings with impacted agencies/personnel may occur
simultaneously or subsequently)
#*Develop base maps
*Analyze potential alignments
_ *ldentifvootentialutilitvconflictsandoreoare
>fl Iffi 2' pothole map (optional)
dii@VPreersl%enlt0pcaretlllOimni0nfaery,lastli.lgnngmue,nrlttsle(s6o% plans) ffl ffa.,[- j IFor this Project, we will tackle the main driving factors first which is the topographic survey and utility research to develop base maps and determine preliminary alignments.
We want to ensure that our design satisfies the City's needs and requirements. Furthermore, upon approval of the preliminary alignments, we will proceed to identify any potential conflicts with existing utilities after pothole verification. We also want to identify these areas quickly to engage in coordination with outside utilities to work out a iiDevelopment of 90% & Final Design PS&E
iiFinalize permitting
iiFinalize utility coordination
iiObtain Design Approval and Permits
34 ASSOCIATES
solution. Taking these steps as early as we can is crucial to ensure that the design plans are completed on time and as scheduled.
We will execute each of these tasks through our proposed Scope of Work that includes the following:
TASKA - NON-OPTIONAL WORK
1. Project Management: The success of this project depends on clear communications among the affected parties. We will develop a communication plan upon Notice to Proceed that best fits the City's needs and that keeps affected personnel connected to the work.
Conduct a Kick-off Meeting with City staff in order to introduce key staff members, learn the organization structure of the City's project team, present and review the work plan including proposed scope of work, schedule, and project constraints, and discuss the project objectives. A meeting agenda will be prepared For the Kick-off Meeting and Meeting Minutes will be submitted to the City within five (5) working days. A memorandum will be prepared. We will also be available for virtual meetings if that is preferred by the City.
Meet with City staff to review the design submittals and to obtain additional input. A total of three (3) progress/review meetings (60%, 90%, and Final Design) will be scheduled with City staff. We will coordinate and meet with utility companies as necessary. A meeting agenda will be prepared for each meeting and Meeting Minutes will be submitted to the City within Five (5) working days. We will suggest additional meetings as necessary to keep everyone abreast of the project status to resolve questions or issues relative to the construction of the Project in a timely and cost-effective manner.
Work under this task will also include preparing a work plan, submitting updated monthly project schedules, and preparing monthly invoices.
2. Preliminary Design (60% Submittal): Conduct utility research and coordinate with utility companies to obtain as-built records and/or atlas maps in order to identify all utilities within the project limits. All utility information will be clearly delineated on the project base map and documentation will be sent to each utility company requesting verification of location, size, and depth of facilities within the project limits. A Utility Notification Log will be kept to track utility company responses. Notifications will be set at 60%, 90%, and Final Design to ensure that the utilities are shown correctly on plans and that the proposed design does not impact their facilities. The imormation will identify "High Risk" utilities in the event the utility may cause potential issues. Such issues will be addressed to the utility company and the City for possible relocation. Preliminary design will address possible permit requirements and indicate recommended potholing at utility crossings.
In addition, the preliminary design will verify pipe size and preferred pipe materials. We will make evaluations whether the street can be concrete paved along the trench lines or grind and cap the existing concrete surface and pave with asphalt pavement to cover trench lines. > Deliverables: For the 60% submittal, we will submit four (4) sets of preliminary plans to the City for review. An Engineer's Estimate will also be submitted.
3. Conduct a topographic survey to obtain necessary design topography for open trench water main replacement. All surface features within the right of way shall be located by the survey, including all utilities, valve covers, water meters, manholes, vaults, pull boxes, hydrants, catch basins, etc., as well as, depicting rights-of-way, edge of pavement, sidewalk, landscape, curb, gutter, cross gutters, any easement, utilities, monuments, stripe, and other items pertinent to a well-defined survey. The survey will also include elevations for flow line of existing sewers and storm drains in the project limits. The survey shall also provide baselines, bench marks, and all other basic survey control information. The basis of the vertical control shall be the most recent City benchmark elevations. All field topography shall be collected electronically using modern survey equipment for data processing and preparation of a digital AutoCAD file.
35 ASSOCIATES
It is important to note survey for Sequoia Drive, Elizabeth Avenue, and Dolores Avenue, IDs 3, 4, and 6 respectively, as per Table 1, has been completed during Phase I. For Phase Ill, topographic survey will be conducted only for State Street, Michigan Avenue, and Capistrano Avenue, IDs 1, 2, and 5 respectively.
No. of
Sheets4. Final Design: Plan preparation will include plan and SheetTitle profiles views at 1" = 40' horizontal scale and 1" = 4' vertical scale. Details will be at 1" = 8' or larger. Plans T"'e Shee' will be submitted on full-size (24x36) regular bond, Location/Vicinity Map B, General Notes edge-bound paper. Plans will reflect design details
pertaining to all utility relocations if necessary. Atlas Abbreviations, Legend, & COnSt NOieS boundartes Wtll 5e added (O ule plans. Plan preparaiton Plans B, Profiles will also be in accordance with the City's plan checking list. The table to the right shows the estimated sheet Details count for this Project.
1 1
1 13
2 Total Sheets 18
> Deliverables: Full plan design submittals will include 90%, and Final Design stages for review and comment. Submittals will be in PDF format. Four (4) hard copies will also be provided at 60% and 90%.
Two (2) hard copies will also be provided at Final Design. Mylars with wet signatures along and CAD files with the respective reference files will also be provided upon approval of the Final Design.
Notes: Traffic control plans for the construction phase are not included in the Scope of Work and will be under the responsibility of the Contractor.
"Cherokee Avenue has a pavement moratorium. Pavement overlay plan for the intersection of Elizabeth Avenue and Cherokee Avenue is not included in the Scope of Work.
Prepare and submit specifications including front-end documents, special and technical provisions, in accordance with the City's Standard CSI Specifications. We will coordinate with City Staff to obtain the most current Specifications Template for use/reference. We will ensure that specifications clearly convey technical information for quality acceptance, performance characteristics, and permissible construction methods in line with the City's expectations, latest engineering practices, and local, state, Federal regulations.
Development of the Engineer's Quantity and Cost Estimates based on the Project design. > Deliverables: Engineer's Quantity and Cost Estimates will be submitted at 90%, and Final Design stages.
Submittals will be in PDF and Microsoff Excel format. Hard copies will also be provided upon request.
Specifications will be submitted at 90%, and Final Design stage. Submittals will be in PDF and Microsoft Word format. Two (2) hard copies will also be provided.
Due to the location and impact of this Project, there will be some permit coordination with the City Departments, fire department, and utility companies. There will also be coordination with the City of Lynwood along Sequoia Drive, From its intersection with State Street to approximately 200 LF east into Sequoia Drive. During the course of the design, we are prepared to coordinate with outside agencies and property owners as necessary to assist the City in preparation of permits.
5. Pre-Construction Services: We will attend both the pre-bid conference and pre-construction meeting and assist the City with answering any questions asked by the contractors. Meeting minutes will be prepared including answers and clarifications requested during the meetings.
We will provide review of bids and provide recommendations for award of construction contract.
6. Construction Support Services: Attend the pre-construction meeting and job walk. Furthermore, we will also budget three (3) progress meetings during construction.
ASSiSt the City in providing clarification to contract documents and responses to Requests for Information/Requests for Clarification (RFIs/RFCs). Per the RFP, we will assume seven (7) RFIs/RFCs.
Responses to RFIs/RFCs will be done within two (2) working days upon receipt.
Review Contractor's shop drawings and submittals. Assume fifteen (15) shop drawings, submittals, and
1036
ASSOCIATES
resubmittals.
TASK B - OPTIONAI WORK
8, Potholinq (Optional): We will conduct potholing as necessary to verify/determine utility locations and depths, as well as pavement thickness. For this project, thirty (30) potholes will be assumed. Any potholing performed shall include hot patch repair. We will develop a pothole plan depicting the proposed potholing locations for City approval. A detailed pothole report will be developed. > Deliverables: Submit a copy of the potholing investigation report to the City. "Geotechnical investigation is not included in the Scope of Work.
9. Extra Services: Service fee for extra work will be based on IO% of the fees included in all non-optional tasks previously described in Task A.
We are ready to hit the ground running and begin design as soon as the Notice to Proceed is issued. The Project kick-off meeting date has been assumed as of July I 6th, 2024. If the Notice to Proceed is issued at a different date, we will update our schedule accordingly. We have included our project schedule in MS Project format is enclosed.
Our Fee Estimate and Hourly Charge Rate and Expense Reimbursement Schedule is on the following page.
Should you have any questions or require any further information, please do not hesitate to contact Jorge Lovo at [email protected], or at (323) 770-3818.
Very truly yours,
Jorge Lovo
Project Manager
37 ASSOCIATES
CITY OF SOUTH GATE
AMENDMENT N0. 3
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES FOR
WATER MAIN REPLACEMENT, CITY PROJECT N0. 689-WTR, PHASE Ill
A NONOPTIONAL WORK
PROJECTMANAGEMENT !4 $3.150 15 $2,775 l3 $3,445 9 $1062 0 $0 10 31080 -- $488 61 $12,000 PRELIMIN""ESIGN(60% 10 $2,250 23 54.255 9 $2.385 35 $4,130 0 $0 7 S756 - $224 84 $14,000AL) SURVEYING 1 $225 4 $740 2 $530 4 S472 80 S22,000 3 $324 - $709 94 $25,000 FINALDESIGN 23 55.175 64 $11.840 28 $7.420 68 $8,024 0 $0 11 S1.188 - $1,353 194 $35,000 PRE-C.ONSTRUCTlONSERVICES B $1800 % $1850 2 $530 0 $0 0 $0 4 3432 - $388 24 $5,000 CONSTRuCTIONSLIPPORTSERVICES 23 $5.175 63 $11655 19 $5.035 42 $4.956 0 $O it 51188 - S9!)1 158 $29,000
B OPTIONAL WORK
POTHOLING(30) 1 $225 ft Sl,110 2 $530 4 $472 0 $0 0 SO - $563 13 $59,000 EXTRASERVICE!i 6 $1350 lFi S2.960 6 $1590 18 $2.124 8 $2,:00 $4 S432 - $344 58 $11000 otal for Non-Opflonal Work 79 $17,775 179 $33,115 73 $19,345 1!)8 $18.644 80 $22,000 46 $4,968 $4,151 615asks 1 through 6) O'allOrO"l'n"IWOrk 7 $1,575 22 $4,070 8 $2,120 22 $2,596 8 $2,200 4 $432 $%7 71 $70,000asks 7 & 8 )
HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE ffl 00 50 !f
Project Manager $225.00
Civil Engineer $185.00
CAD Designer $118.00
Quality Assurance/Quality Control $265.00
Surveyor (Two-Person Crew) $275.00
Secretary $108.00
Reimbursable ln-House Costs
Photo Copies $ 0.15/each
Blueprints $ 0.50/S.F
Vehicle mileage, between engineer's office and project site and/or client offices, will be billed at
$ 0.67/mile
Other Reimbursables
Reproduction, special photograph, printing, and any other services performed by subcontractor will be billed at
cost * 1 5%
Postage Delivery Service, Express Mail cost + 1 5% .'40TE: All rates listed above are effective to December 31, 2024
38 (!
City of South Gate
SA
Engineering Design Services for Water Main Replacement No. 689-WTR, Phase Ill
A S S O C I A T E S Design Schedule
ID
l'-"-I o-='=- I "'-' I '=-' 5/12 I s!'S;a'i era I 612'l""1 7/7 I rr:ri 'r"";ra I atl8 Fepr:be"i gtis i b"':i::' I 10113 I iho';:"br'iim I iirEoa"l"a':ais I izzz'a"l I 151)1-I IjAlNAuV 1-111nllllEl-l)INI'. nl-Qll:IJ Ql-!)Vll'! K7 al#%# Tiis 7141tl')A 11Msal 4nl)1!IA lit)I-IlulNAl>Vl-IUnlNl-I-glklrnl-!11(:Iil6(iVl'.._ - ........ -2
-3
-4
-Kick-off-M-eebng - - - - -- -- - - l day Tue 711 6124 Tue 711 6124 ObtainMnalyzeExistingData/As-Builts 4wks Wed7fj7124 Tue81l3124 P-re-limllliirty-7A7ency -Resea-rch/-Coomrn-ation--'- 3wks Tue816124 P.,==,==-======Hf:EE"4
-5
*
a7
r,
#
1tl
11 12
13 u
15 i 16
17 18
Field Survey 4 wks Wed m7124 Tue 81j312A
Additional Field Visits 3 days Wed 71j7124 Fn 7h912A Pie(-iie-&-Su6mrt-g0%-5iiign -----5-wks Wed8h4124 Tue911712< City Review -- -- --- -2-wks- Wed 9118124 Tue !Ohl2A 60% Review Meebng ' l day Wed-10/2124 Wed jOlfl2A FIN-A-L EN-GINEE-Rl--N-G-DE-S-I-G-N - -- --' 57days'-Thul0-13-12-4'Fill212-01-24 Prepare&Subnut90%DesignPS&E 5wks' ThulOl3124' WedjSl612A City Revlew - -- -- -- 2wks'-- -Thu l1f7""'-124'W-ed ;S120"'-12A 65% Re-vlew-M-ee-ling - -- ------4day--Thujll2jl24ThulTf-2-1-72-4 Flnal ulilitylAgency Coordination 2 wks Fn jl 722124 Thu l 215124 PetrnitslDDW CoominationlAppioval ' 3 wks Fn' l 1122124 Thu 12112124 ----Prep-aie A-Su6iii TOO%; D-ask)n PSA-E - - -' -3 ;ks -FnlSl22124 jhuS21-lfl2A City Review 1 wk Fn S 211 3124 Thu S211 9124
1 00% Review Meeting j day Fn S 2120124 FH l 2120124 .......':,,':".,.t
Prepare & Submit 6b% Des ' Y I' t I '
PIepaFrleN&A,Lsu'afbHlf.9:OE-.,-I.=l,[email protected]. .r,,l,l.
Clty Review
90% Review Mee!ing
Final UtilitylAgency Coordination
PermitslDDW CoordinationlApproval
Prepaie&Subm'it%0rADes'ignPSPr 1111 Illllllan T
,,..,a:a,':'h
COSG- CCO 3- SCHEDULE - WMR Phase Ill.mpp FTI 6121/24 212 Note: The above schedule is flexible and may be expedRed if requested by the Ciiy of South Gate. 39 CHice nl the
Socith G:'.te (lty Clerk
Item No, 4
SFP 19 202%
AG-ENDA BJILL
For the Regular Meeting ofi September 24, 2024
Arturo ntes
City Manager:
Rob Houston
SUBJECT: AMENDMENT N0. 2 TO CONTRACT N0. 2022-41-CC WITH HONEYWELL INTERNATIONAL INC., FOR THE SOUTH GATE CITY HALL AND
POLICE DEPARTMENT HVAC SYSTEM
PURPOSE: To approve Amendment No. 2 to Contract No. 2022-41-CC ("Amendment No. 2") with Honeywell International Inc., ("Honeywell") to purchase and replace HVAC equipment serving the South Gate City Hall and the South Gate Police Station. To approve a sole-source purchase of a 30-ton chiller with Carrier Corp. for the South Gate Police Station.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 2 to Contract No. 2022-41-CC with Honeywell International Inc., ("Agreement") to purchase and/or replace major HVAC equipment for the systems serving the South Gate Police Department and South Gate City Hall, at a not to exceed cost of $192,359;
b. Authorizing the City Manager to approve amendments to Contract No. 2022-41-CC with Honeywell International Inc., up to an additional cumulative amount of $500,000 in budgeted funds to purchase and/or replace major HVAC equipment for the systems serving the South Gate Police Department and City Hall, to be funded with General Funds budgeted in the FY 2024/25 Capital Improvement Program; c. Authorizing the sole source purchase of a 30-ton chiller from the Carrier Corp., for the South Gate Police Department's HVAC system, because of their quality, durability, safety features, components, their fitness for a particular use, and their ability to satisfy the City's need for standardization of supplies, equipment or services-;pursuant to South Gate Municipal Code section 1.54.510, at a cost not to exceed $85,776, (Exhibit B); and d. Authorizing the Mayor to execute Amendment No. 2 to Contract No. 2022-41-CC in a form acceptable to the City Attorney.
FISCAL IMPACT: The City Council budgeted $5 Million in General Funds in the FY 2024/25 Operating Budget and Capital Improvement Program to complete major HVAC maintenance repairs at the South Gate City Hall ("City Hall") and South Gate Police Department ("SGPD").
This will fund Amendment No. 2 to the Agreement in the amount of $192,359; the cost of the 30-ton chiller to be purchased from the Carrier Corp. in the amount of $85,776; and, any amendments approved by the City Manager up to an additional cumulative amount of $500,000, not including the Agreement and Amendment Nos. I and 2. l 40
ANALYSIS: The City Hall and the SGPD Station are equipped with HVAC systems that are currently being maintained by Honeywell. The current contract stipulates that Honeywell is required to purchase and replace equipment for HVAC system for City facilities as a part of their contract; however, that excludes major equipment. More specifically, there is a need to replace the Cooling Tower for the City Hall, refurbish the existing Air Handler Unit for City Hall, and to replace a 5-Ton Package Unit and 30-ton chiller for the SGPD. The purchase and installation of these units is not a part of the original contract. cquipnxeiil aiul coiuplele
the work. It also provides Electrical Power Monitoring services to determine if there is sufficient power to accornrnodate for the new equipment. Staff recommends approval of Amendment No. 2 to complete this work.
BACKGROUND: The existing HVAC System at the SGPD and the City Hall needs major upgrades. The chiller system and the cooling tower fail regularly and near the end of their service life and they shut down regularly within the hot summer months when demand is high. They provide inadequate cooling when the outside air temperature exceeds 85 degrees Fahrenheit.
Further, the HVAC system does not provide adequate cooling to maintain comfortable temperatures in the SGPD offices.
Due to these issues, it is estimated the City will spend over $175,000 this summer season in rental equipment to keep temperatures at levels that provide adequate working conditions. Staff recommends approval of Amendment No. 2 to complete this work to eliminates these expenditures next summer season.
On July 1, 2022, the City Council approved the Agreement with Honeywell in the amount of $499,331 to provide routine HVAC repair/maintenance services for the City facilities.
Amendment No. 1 in the amount of $106,000 to the Agreement provides for as needed services for the replacement of existing chiller at South Gate Sports Center, for a revised contract amount of $605,331. Services include removing rooftop chiller, and installing the pre-purchased chiller, piping, and electrical wiring as well as system integration, startup, and testing.
Honeywell has been the City's HVAC system maintenance contractor for the last twenty-eight years. It has met contract requirements satisfactorily. Honeywell is well resourced having over $14 Million in contracts throughout California. Its Field Operations units are equipped with mobile maintenance vehicles that are stationed near the City to ensure immediate response for any service calls. It has been responsive with timely repairs particularly when an HVAC fails to operate. Honeywell have offered acceptable customer service and skilled technicians who are able to resolve every issue that occurs.
City staff is requesting that the City Manager be authorized by the City Council to approve an additional cumulative amount of $500,000 in budgeted :tunds to purchase and/or replace major HVAC equipment for the systems serving the South Gate Police Department and City Hall, to be funded with General Funds budgeted in the FY 2024/25 Capital Improvement Program. The reason for the City Manager to be authorized for the additional amount is because this allows City staff to make as needed direct purchases from the manufacturer which will save money and the more time efficient.
2/ 41
ATTACHMENTS: A. Proposed Amendment No. 2 (including Exhibits A and B) B. Amendment No. l*
C. ContractNo. 2022-41-CC*
*Each document is available for review through the City Clerk's Office.
ES:lc
3 42
Attachment AAinendment No. 2
Contract No. 2022-41-AC
AMENDMENT N0. 2 TO CONTRACT N0. 2022-41-AC
FOR HVAC MAINTENANCE, SERVICES
WITH HONEYWELL mTERNATIONAL INC.
This Ai'nendment No. 2 to Contract No. 2022-41-AC for Maintenance Services ("Ai'nendment No. 2"), is made and entered into on September 25, 2024, by and between the City of South Gate, a municipal corporation ("City"), and Honeywell International Inc., a California corporation eiiia[tci iiuIliviaually icLeiied to ah a "Paily"
and collectively as "Parties."
RECIT ALS:
WHEREAS, on July 1, 2022, tlie City Council approved the Agreement for a period coiui'nencing on July 1, 2022, and terminates on June 30, 2025, in the amount of Four Hundred Ninety-Nine Thousand Three Hundred Thirty-One Dollars ($499,331); WHEREAS, on June 25, 2024, the City Council approved Amendment No. 1 to the Agreement, in the amount of One Hundred Six Thousand Dollars ($106,000); WHEREAS, the City and Contractor/Consultant desire to execute Ai'nendment No. 2 in an amount not to exceed One Hundred Ninety Two Thousand Three Hundred Fifty Nine Dollars and Fourteen Cents ($192,359.14), for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Ai'nendment No. I and Ai'nendment No. 2 to a total sum of Seven Hundred Ninety Seven Thousand Six Hundred Ninety Dollars and Fourteen Cents ($797,690.14).
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. SCOPE OF WORK.
City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing.
2. COMPENSATION.
The amount of compensation paid by City to Contractor for the work identified in Exhibit "A" shall not exceed One Hundred Ninety-Two Thousand Three Hundred Fifty Nine Dollars and Fourteen Cents ($192,359.14).
3. EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other teims and conditions of Agreement sliall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section 1 above. Furthermore, City reserves the right to augment or reduce the scope
43 Ai'nendment No. 2
Contract No. 2022-41-AC
of work as City deems necessary.
IN WITNESS WHEREOF, the Parties hereto have caused this Ainendment No. 2to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
B7:
Gil Hurtado, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
Raul F. Salinas, City Attorney
HONEYWELL INTERNATIONA INC.:
B7:
Sharu'ion Summers, Vice President
Date:
44 GXhl&;-t k
LA-RQ -SG Police Dept AC3 Unit Replace & Repair
Honeywell
Honeywell International
22 Centerpointe Drive
La Palma, CA, 90623, US
Quote Date:
Quote Expiry Date:
Quote Number:
26-Jut-24
25-Aug-24
13011030
Honeywell Professional: Stephanie Odle-Sagar
[email protected]
Site: South Gate Police Department
8620 Califomia Ave
South Gate CA 90280-3004
Customer: City of South Gate
8650 California Ave
South Gate CA 90280
Remove and Replace A/C 3 - 5 -ton a/c unit and condenser that covers the Lunchroom, Watch Commander Office, Jailers office. Re-open the duct to Booking/Holding Area/Cells & interrogation room.
Note: Customer to open the remove and replace drop ceiling in the break room to allow for unit replacement. Break room will need to be closed off during installation.
Additional parts and labor chargeable.
Work schedule and costing are based on an uninterrupted work period. As such, any outside delays may result in additional costs being levied.
Work to be carried out during nomial working hours.
This quote is subject to Honeywell's standard temis and conditions.
QUOTE SUBTOT AL (USD): $ 24,354.78
THIS QUOTATION is valid for 30 days.
Sales Tax is not included in the price and will be charged at actuals.
Use tax, if applicable, will be invoiced separately.
Currency: USD
Milestone 1 100
45 Terms and Conditions
This offer is subject to Honeywell Terms & Conditions, copy available upon request. This quotation is valid for a period of 30 days from the date of issue.
We reserve the right to apply for partial payment at any time during contract performance.
To accept this proposal, simply sign the document and return together with an official purchase order to the email address noted above. By accepting this quotation, the Customer Responsible Person is aware of and agrees with the proposed system modification(s).
Honeywell reserves the right, in its discretion, to increase the price(s) set forth in this Proposal in the event that tariffs (or similar governmental charges) imposed by the United States or other countries result in any increase in the costs that Honeywell used to detemiine such price(s).
I confirm acceptance of this quotation in accordance with the aforementioned Temis & Conditions. I agree that any temis and conditions referenced in the official purchase order shall be considered null and void.
Honeywell Professional
Customer Acceptance
Name:
Title:
Date:
Signature:
Purchase Order #:
Quote Number: 13011030
LA-RQ -SG Police Dept AC3 Unit Replace & Repair
7 46
LA-RQ -SG Police Dept Chiller Installation
Honeywell
Honeywell International
22 Centerpointe Drive
La Palma, CA, 90623, US
Quote Date:
Quote Expfiy Date:
Quote Number:
29-Jut-24
28-Aug-24
13011039
Honeywell Professional: Stephanie Odle-Sagar
[email protected]
Site: South Gate Police Department
8620 Califomia Ave
South Gate CA 90280-3004
Customer: City of South Gate
8650 Califomia Ave
South Gate CA 90280
Provide labor and materials to mount install customer supplied Carrier 30 ton chiller in the space currently occupied by temporary chiller. Re-pipe chilled water lines from exciting chiller to new chiller. Provide electrical wiring from panel to new chiller. Install re-certified Square D 997326 200A breaker to replace existing 150A breaker. Install 2" EMT conduit from Chiller Panel A to new chiller with (3) 4/0 and (1) #6 conductors. Install re- certified Square D 9993161 00A breaker to re-feed Chiller Panel B.
Additional parts and labor chargeable.
Customer to provide any special access equipment required to complete work.
Work schedule and costing are based on an uninterrupted work period. As such, any outside delays may result in additional costs being levied.
Work to be carried out during normal working hours.
This quote is subject to Honeywell's standard terms and conditions.
Downtime of cooling and eledrical service will be scheduled in advance.
Does not include temporary chiller if desired.
Does not include any sound bamers. Electrical service is assumed to be sufficient; power monitoring must be done in order to confimi the chiller will function.
Does not include electrical upgrades other than those specified above.
Relocation of temporary chiller to allow in installation of new chiller is not included in the agreement and must be relocated and re-piped if desired.
QUOTE SUBTOT AL (USD): $ a,490.66
THIS QUOTATION is valid for 30 days.
Sales Tax is not included in the price and will be charged at actuals.
Use tax, if applicable, will be invoiced separately.
Currency: USD
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Milestone 1 z ,)'B)T[ib mad [ e!!!!!!!l 100
"----
Terms and Conditions
This offer is subject to Honeywell Terms & Conditions, copy available upon request. This quotation is valid for a period of 30 days from the date of issue.
We reserve the right to apply for partial payment at any time during contract performance.
To accept this proposal, simply sign the document and retum together with an official purchase order to the email address noted above. By accepting this auotation, the Customer Resoonsible Person is aware Of and aarees with the orooOsed svstem modification(a Honeywell reserves the right, in its discretion, to increase the price(s) set forth in this Proposal in the event that tariffs (or similar govemmental charges) imposed by the United States or other countries result in any increase in the costs that Honeywell used to determine such price(s).
I confirm acceptance of this quotation in accordance with the aforementioned Terms & Conditions. I agree that any terms and conditions referenced in the official purchase order shall be considered null and void.
Honeywell Professional
Customer Acceptance
Name:
Title:
Date:
Signature:
Purchase Order #:
Quote Number: 13011039
LA-RQ -SG Police Dept Chiller Installation
48 LA-RQ -SG Police Dept Chiller Panel Power Monitoring Honeywell
Honeywell International
22 Centerpointe Drive
La Palma, CA, 90623, US
Quote Date:
Quote Expiry Date:
Quote Number:
29,lul-24
28-Aug-24
13011037
Honeywell Professional: Stephanie Odle-Sagar
[email protected]
Site: South Gate Police Department
8620 California Ave
South Gate CA 90280-3004
Customer: City of South Gate
8650 Califomia Ave
South Gate CA 90280
Honeywell to provide material and labor for power monitoring on Chiller Panel A for one month to determine panel power usage.
Additional parts and labor chargeable.
Work schedule and costing are based on an uninterrupted work period. As such, any outside delays may result in additional costs being levied.
Work to be carried out during normal working hours.
This quote is subject to Honeywell's standard terms and conditions.
QUOTE SUBTOT AL (USD) $ 5,052.66
THIS QLIOTATION is valid for 30 days.
Sales Tax is not included in the price and will be charged at actuals.
Llse tax, if applicable, will be invoiced separately.
Currency: USD
Milestone 1 100
/O 49
Honeywell
Honeywell International
22 Centerpointe Drive
La Palma, CA, 90623, US
Quote Date: 29-Aug-24
Quote Number: 15091286, MASTER
Honeywell Professional: Dave Fox
[email protected]
Site: South Gate City Hall
8620 California Ave
South Gate 90280-3004
Customer: City of South Gate
8650 California Ave
South Gate 90280
Honeywell Building Automation to remove and replace cooling coil East Wing AH. Dissemble air handler and seal inside pan and coil compartment. Pipe in new chilled water valve. Replace 8 reheat coils East Wing area.
Labor $ 35,802.00
Material $ 37,386.00
i t Additional parts and labor chargeable.
ii Quotation assumes customer provides full access to all areas required to complete work. * Work schedule and costing are based on an uninterrupted work period. As such, any outside delays may result in additional costs being levied. * This quote is subject to Honeywell's standard terms and conditions.
THIS QUOTATION is valid for 30 days.
Use tax, if applicable, will be invoiced separately
Sales Tax is not included in the price and will be charged at actuals.
Currency: LISD
QUOTESUBTOTAL
(USD)
$ 60,989.00
Milestone I
Milestone 2
Fifty percent (50%) billed at receipt of customer
order
remainder at ' of work
Quote Number :15091286, MASTER
LA RQ - City of South Gate Police Dept - East !'ung AH Refurbishment
50 Terms and Conditions
This offer is subject to Honeywell Terms & Conditions, valid for a period of 30 days from the date of issue.
This quotation is
To accept this proposal, simply siqn the document and return toqether with an official purchase order with correct net terms of aqreement and correct billinq address to the email address noted above. By accepting this quotation, the Customer Responsible Person is aware of and agrees with the proposed system modification(s).
Honeywell reserves the right, in its discretion, to increase the price(s) set forth in this Proposal in the event that tariffs (or similar governmental charges) imposed by the United States or other countries result in any increase in the costs that Honeywell used to determine such price(s).
I confirm acceptance of this quotation in accordance with the aforementioned Terms & Conditions. I agree that any terms and conditions referenced in the official purchase order shall be considered null and void. ?)a ')ox
Honeywell Professional
Customer Acceptance
Name:
Title:
Date:
Signature:
Purchase Order #:
Quote Number :15091286, MASTER
LA RQ - City of South Gate Police Dept - East Wing AH Refurbishment 19-=51
LA-RQ -SG City Hall Cooling Tower Repair & Replace Honeywell
Honeywell International
22 Centerpointe Drive
La Palma, CA, 90623. US
Quote Date:
Quote Expiry Date:
Quote Number:
Honeywell Professional:
Site:
26-Jul-24
25-Aug-24
13011032
Stephanie Odle-Sagar
[email protected]
South Gate City Hall
8650 California Ave
South Gate CA 90280
Customer: City of South Gate
8650 Califomia Ave
South Gate CA 90280
Contact: Osie Harrell
Remove and replace the cooling tower at City Hall with VFD Drive.
Note: Work will be done on a Friday, Saturday and Sunday it Additional parts and labor chargeable.
Work schedule and costing are based on an uninterrupted work period. As such, any outside delays may result in additional costs being levied. * This quote is subject to Honeywell's standard terms and conditions.
QUOTE SUBTOT AL (USD): $ 40,273.04
THIS QUOTATION is valid for 30 days.
Sales Tax is not included in the price and will be charged at actuals.
Use tax, if applicable, will be invoiced separately.
Currency: USD
100
)3 52
Terms and Conditions
This offer is subject to Honeywell Terms & Conditions, copy available upon request. This quotation is valid for a period of 30 days from the date of issue.
We reserve the right to apply for partial payment at any time during contract performance.
To accept this proposal, simply sign the document and return together with an official purchase order to the email address noted above. By accepting this quoiaiion, the Customer Responsible Person is aware of and agrees with the proposed system modification(s).
Honeywell reseives the right, in its discretion, to increase the price(s) set forth in this Proposal in the event that tariffs (or similar governmental charges) imposed by the United States or other countries result in any increase in the costs that Honeywell used to determine such price(s).
I conflrm acceptance of this quotation in accordance with the aforementioned Terms & Conditions. I agree that any terms and conditions referenced in the official purchase order shall be considered null and void.
Honeywell Professional
Customer Acceptance
Name:
Title:
Date:
Signature:
Purchase Order #:
Quote Number: 1 3€)11032
LA-RQ -SG City Hall Cooling Tower Repair & Replace
l'l 53
kXhlbi+ 8
Address 2478 Peck Road
Phone
Fax
E-mail
City of Industry CA 90601
(818 652-2365
(860) 998-7888
[email protected]
Contact Name
Account
Phone
Site Address
Osie Harrell
City of South Gate
(323) 864-5216
8650 Califomia Ave
%iilh ntitt r A Qn':'!'in-A(104
Estimate Date 09/06/2024
Quote Number 01532799
Job Description
Scope of Work
Materiai Sale of (l) Carrier 30RC - 30 Ton Air Cooled Cltiller w/ Dual 5HP Pump Package (208-230V 3PH) Includes Applicable Sales Tax
(ncludes Factory Stait up
Includes 5 Year Parts and Labor Warranty
Includes 4 Hours Training
Includes 8 Hours Controls Integration Assistance
' Lead Time is 16 to 18 Weeks
This quote does not include the waste disposal and labor performed outside normal business hours unless otherwise noted. p Installation labor, Storage FEES, Crane tO OfflOad Chiiler at delivery (customer tO provide deliVery addresS at time of order), any items not specifically listed in the scope of work above.
Payinent tenns 40% upon approval/60% upon delivery Total Quoted Price - Pricing per.Carrier Sourcewell Contmct Number. 070'l2i-CAR $85,776.00Tota} Prtce for Scope of Work including applicable taxes:
This proposal is valid for 30 days from the date ofproposal. Carrier's temis and conditions will govei'n in lieu of any other terins and conditions contained in any reSulting Purchaser Order, COntraCt, Agreennent, etc. Carrier would like to tllank 70u far tlle COntinuing Opportunity tO be Of semce,
Sincerely,
Dan Marquez
Carrier Commercial Service
Title
Customer Acceptance (signahire) Date Purchase Order
This qxiote is valid for 30 days.
The attached Terms & Conditions shall govern.
Quote #O 1532799 l
)r 54
CARRIER CORPORATION
TERMS AND CONDITIONS OF SALE
EQUIPMENT AND/OR SERVICE
1. PAYMENT AND TAXES - Payment shall be made net 30 days from date of invoice. Carrier reserves the right to require cash payment OT other alternative method of p:iymant prior to rhipmant or complction of work if Cyricr determines, in its sole discretion, that Customer or Customer's assignee's financial condition at any time does not justify continuance of the net 30 days payment term. In addition to the price, Customer shall pay Carrier any taxes or government charges atising from this Agreement. If Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption cettiTicates OT other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month OT the maximum amoum allowable by law.
it does pass on to Customer iiny tnnsfermble inanuf'iiciurer warmnties for tliose pmducts. Carrier wan'nnls tl'iat all service pmvided by C arrier liereunder sliall be perfonned ili a wOrkmttnlike manner. In tlle event any SuCl) ServiCe iS detemiined to be defective witliin ninety (')O) days ofcompleuon of tliat service, Carrier shall m its option re-perfonn or issue a credii for sucb service. Carrier's obligation to repnir or replace any defective equipment, parTs or coniponents during tlie warrant)- penod shnll be Custonter's exclusiiae reniedy Canier sliall not be responsible for labor charges for removal or reiiisiallation of defective cquip+uciii, pvib ui LlllllpUllelll)ia [ui cliaigeii ii uaiiiilioiiiiiuii, liiinaiuig iind shipping or njrigerant loss, or for repnirs orreplaceinenl ofsuch equipinent, parts or components, required as a consequence of raulty installation, misapplication, vandalisrn, nbuse, exposure to chemicals, iinpmper servicing, unauthorized iilteration or iinpmper opemtion by persons otlier tlian Carrier. T) WARRANTf IS GIVEN IN I..TEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLrED OR STATUTORY TNCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR P(JRPOSE.
2. EXTRAS - Equipnient, pans or labor in addition to tbose specified in iliis Agreement will be provided upon receipt of Customer's wnlten authorization, paid for as an extra m Carrier's prevailing labor rates and equipment/pans charges, and subject lo the temis of this Agreement.
3. RETURNS - No items will be nccepied for retuni witliout prior writbn authonzatton. Retunied goods mn'j be SllbJeCl tO a reSFOCklng chiirge. Special order and non-stock items caiinot be retumed.
4. SHIPMENT - All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Sliipment dates quoted are approximate. Catyiet does not guarantee a particular date for shipment or delivery.
5. PARTIAL SHIPMENT - Carrier shall have the right to ship any portion of the equipn'rent, goods or otlier materials included in tliis A,,o'neement and invoice Customer for such piirtial sliipment.
6. DELAYS - Carrier shall not be liable )'or delays in inanufacturing, sliipping or deliveiy by causes beyond tlie contml and without the fault or negligence of Carrier, including but not restricted to acts of (iod, acts or a public aieiny, acis or government, acts of terrorism, fires, floods, epideinics, qunmmine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively "Force Majeure EvenWa) Carrier agrees to notify Customer in writing as 5001) ns piacticable of ffie causes of sucli delay. In tlie event that any materials or equipment to be provided by Carrier under this Agreement become pennanenily unavailable as a result of a Force Majerue Event, Carrier sliall be excused irom fiimishing such materials or equipment.
7. WARRANTY - Carrier wari'ants that all equipment nianrfachired by Carrier Coiporation and iill Carrier equipinent, paits or componems supplied hereiuider will be he fmm defects in material nnd workinansliip. Carrier shall at its optton repair or replace, F.O.B. point of sale, any equipment, part or componenk sold by Carrier and determined to be det'ective williin one (l) year from tlie date of initial operation or eigltteen (18) mon(hs km date of shipnient, whichever is earlier.
Carrier does not warrant products not inantifachired by Cnrrier Corpomtion, tait Terms and Conditions of Sale - Equipment and/or Service 091322
8. 1VORKlNG HOURS - All services perfonned iuider tlus Agreement, including but not limited to, major repairs. iiie to be provided driring Carrier's nonnal working hours unless otlienvise adoreed
9. CUSTOMER RESPONSIBILITIES (Service Contracts only) - Customer shall:
Pmvide safe and reasonable equipiiient access and a safe work envtmnment.
Pemul access to Custoineis site. and use of tnulding services including but not limited to: water, elevators, receiving dock facilities, elecffical service and locnl telephone service.
Keep areas adjacent to equipment free of extmneous material, move iiny stock, fixtuies, wails or partitions that may be necessaiy to perform tlie specified service.
Protnptly notify Carrier of any unusual operating conditions.
Upon agieement of a timely mutunl scliedule, iillow Carrier to stop and ststt equipment necessiiry to perform service.
Pmvide adequate water treiitmenL
Provide tbe daily routine equipment opemtion (if not part of this A,areement) including availability of mutine equipment log readings.
Wliere Carrieri remote moiutonng service is provided, provide and tnaintain a telephone line with long diskance direct dial and answer capability.
Opemte tlie equipmem pmperly and in accordance witli instiiciions.
Promptly 8ddreSS any isSueS tllatariSe related tO maid, fiingi,mildew or bacteria.
IdenQ and label any asbestos containing material that may be pi'esent The crisiomer will provide, in writing, prior to ilie start of a job, a sigmed statement regarg the absence or presence of asbestos for any job wlie+ the building or tlie equipment to be serviced is older tlian 1981. Sliould this docuinent stiite diat no asbestos is present, the customer will also pmvide in wriling the metliod used FO derennine tlie absence oF asbestos.
10. EXCLUSIONS - Carrier is not responsible for items not nomially subject to mechanical maimenance illCludiltg bllt net limited tO: duCt WOr3 CaHini+s, cabinets, fixtures, shcniral supports, grillage, water piping. steam piping, dmin piping, cooling tower fill, boiler tubes, boiler cfractoiy, disconnecF sxvitclies and circuit breakers. Cairier is not responsible for repairs, repliicemenis, altemt'ons, iidditions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may be necessitated by negligent operntion, atnise, misuse, prior improper nminteniiiice, vandnlisni, obsolescence, building system design, dnntage due to freezing weather, chemical/electmchemicnl attack, corrosioii, Carrier Corporation 2
l(,,
55 erosion, deterioration due to unusual wear and tear, iiny dainage related to the presence of mold, fungi, niildew, or bacteria, damage caused by power reductions or failures or any odier cause beyond Carrieras control Cnrrier shall nol be iequired to perform iests, iiistall any iteins of equipmem or make inodifications tliaL may be recommeiided or directed by insumnce companies, goveniment, state, municipal or otlier autliority. However, in tlie event any sticlz recominenda+ions occur, Carrier, at iis opuon, may submit a pmposnl for Custome+'s consideration in addition tO thiS AHi'eemem Carrier shall not lie iequiieJ u ll:'pd!l Ul iepliice equipiiieii+ lliiil liab iail lieeii piupeily iiiiiiiiiiiiiieil.
15. DATA DELIVERY - During tl+e temi of tlie Agreenient Customer shall (i) make reasonnble effom to ensure diai tlie hnrdware iemains (xiwered on, (ii) avoid imentional action to impede, block or tlimttle collection and Imnsmission or Source Data by Carrier, and (iii) avoid intentional action to disable, him off, or reniove tbe I+ardwiire without Ceras express irmtten consent, wluch consent shnll not be unreasonably witltheld
11. EQUIPMENT CONDITION & RECOAIMENDED SERV}CE (Service Contracts only) - Upon tlie initial scheduled opemting and/or iiiitiiil aiuiual stop mspection, should Carrier detennine tlie need for repaiis or replncement, Carrier will provide Customer in ivi'iting an aeqtiipment conditior! report inclutling reconunendations for comctions and tlie price for repairs in addition to tliis Agreement. In tlie eveiit Carrier recommends certain seiyices (tlial are not included lierein or upon initial inspection) and if Cusiomer does nol elect to liave such services properly performed in n tiinely fasliion, Carrier shall not be responsible ir any equipment or contml failures, operabilit or any long-term damage that inay result. Carrier ai its op6on will eiiher cominue to miitnlain equipinem and/or conimls to the best of iis ability, witlioui any responsibility, or remove such equipment from tliis Agreement, adjusting khe price accordingly. )1 PROPRIETARY RJGHTS - Carrier mny elect to instn}1, attach to Customer equipment, or pmvide portable devices (hardwaie and/or softwiire) tlial shnll nimiiin the personal pmprietaiy property of Carrier. No devices installed, atoclied to real property or poitable device(s) Sllllll become a fixture of the Customer locations Customer sliall not acquiie any intei'est, title or equity in any hnrdware, sonware, pmcesses, and otlier intellectual or propriemiy rigliis to devices tliat are used in connection with providing service on Customer equtpment
13. DATA RIGHTS - Custoiner hereby gtrints iind aBrrees to gmnt FO Carriera worldwide, non-exckisive, non-tenniniible, irrevocable, perpetual, paid-up, royalty free license to any Source Dnka, witli tlie riglit to sub-license to its affiliates and mippliers for (i) Carrieras perfonnance of seivices pursuant to this Agreement, (u) tlie improvement of Carrier services, and Carrieras Analy6cs Platfonn; (iii) iinpmving product perfonnaiice, opemlion, reliability, and inainiainabiliiy; (iv) to create, compile, and/or use dahisets and/or statistics for the puiposes of benchmnrking, developinent of best pmctices, product improvement; (v) the provision of services to third parties, (vi) resear4 statistical, and miirketing puiposes, antl7or (vii) in support of Carrier ag+reemenis.
Source Data - shall mean data tliai is produced directly fmm a systeni, or device and received at a collection point or n central seiver (e.g. a Carrier database, data lake, or tl+ird paity cloud seivice).
Analytics Pliitform - shall mean seiver algorithins or web imerface systems used to (i) inierpiet, convert, manipulate, or calculate data, (ii) per[orni data pmcessing, and/or (iii) the deliveiy of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA - Customer undeishinds and acknowledges tbat tlie portiible devices will collect Source Data thnt will be stored on and/or hnnsinitted fo Ceras senaers and to srippliers or affiliates that are contracted by Camer and used to h'ansinit, process, extmct or store such Source Dam for puiposes of Cameras pefomiance of the service m accordance with this AgreenienL Once such data and iiifomiation hiis been stored and/or transmitled to Cameras servers, Custonter agneeS thm SuCll data and rnfonuation Sliall become pait Of Carrie(aS database niid tliereroie subject to the license teims under section 13.
Terms and Conditions of Sale - Equipment and/or Service 091322
16. REVERSE ENGINEERING - Customer siiall not exh'act, decompile or reverse engineer any sofhvare induded with, incorpomied in, or otherivise associated witlt d'ie }iardware acid sliall not reveise engineer any repons or analytics pmvided to or received by Customer From Carrier.
17. WAIVER OF DAMAGES - Under no circumstnnces slia}l Carrier be loable for any indirecl incidental, special or consequential dainages, including loss of revemie or protii, loss of use of equipinent or facilities, loss of datii, or economic damages liowsoever arising.
18. LIMITATION OF LIABILITY - Camer's maxutnun liability for any reason (except far personal injuries) arising from tbis Agreemei'ik sliall notexceed the value of ilie payments received by Carrier under tbis Agreeinent.
19. CANCELLATION - Cusioiuer inay cancel this Agreement only witl'i Cameras pnor written consent. and upon payment of reasonable cancellahon charges. Such cliarges shall take imo account cosis and expenses incurred, and purchases Or contract commihnents made by Cnrrier and all other losses due to tlre cnttcellntion incl+iding a reasonable profit.
20. CUSTOMER TEIIA}INATION FOR CARRIER NON-
PERFORMANCE - Customer sliall liave the right to tenninate tliis Agreement for Carriet's non-perfonnance pmvided Carrier fails to cure sucli non- performance within thirty (30) days after having been g'ven prior written notice of ilie non-peformance. Upon early temiination or expimtion of ihis Agreemenl Carrier sliall hiive free access to enter Custonier locations to disconnect and remove any Carrier personal pmpriehiry property or devices as well as remove iuty and all Carrier-owned parts, tools and personal property. Additionally, Customer agrees lo pay Carrier for all incuried but unaniortized service cosb perfonned by Carrier including overheads and a reasonable pmfit.
21. CARRIER TERMINATION - Carrier reserves tlie right to discontinue its service nny time pay+nents liave not been niade as agneed or if nltemtions, additions or repairs are made to equipmen( during the term of this Agneement by others without prior ngcement between Customer and Carrier.
22. CLAIMS - Any lawsuiis arising 'ffom the performance or +ionperfoimance of tltis Agtemenl wbether based upon couiract, negligence. strict liability or odterwise, sball be brought witliin one (l) year km the date tlie claim arose.
23. GOVERN&IENT PROCUREMENTS - The com(+onents, equipment and services provided by Canier are =commercial items" iis defined in Section 2 101 of the Federil Acquisition Regiilations ("FAR"), and tlie prices of suclr componenis, equipment and services aie based on Carriei's conimeicial pricing policies and practices (wliidi do not consider any special requirements of u.s.
Governmem cost principles, FAR Part 31, or any similar pmcurement regulations). As such, Carrier will not agie to pmvide or certify cost or pricing data, norwill Carrier agree to comply with the Cost Accounting Standnrds (CAS). tn addition, nO govemment procurement regulations, SuCh aS FARS Or DFARS, sliall apply to this Agzement eXCept those regulations expressly accepted in writing by Carrier.
Carrier Corporation 3
56 24. HAZARDOUS MATER}ALS - Carrier is not responsible for tlie idendficiition, deteckion, abate+nenl encapsulating or removal of asbestos, pmducts or materials confaining asbestos, similar liiizardous substances, or inold, fungi,mildew,orbacteria }fCarrierencoumersanyasbesrosorotherhazardous material wliile performing tliis Agi'eement, Carrier may suspend its work and iemove its employees from tlie pmject, until sricli niajerial and any hazards associiited with it are abated The time for Carrier's perfonnance shnll be bhlCilili:J uu:aOiJu)gt), Alld Clll'!lCj 31)nll LQ Ci)llil)Cil:l(IICJ {'i)i IIIQ JJiiy.
25. 'IVASTE DISPOSAL - Custonier is wliolly responsible for llie iemoval and pmper disposal of waste oil, refrigemnt and any otlier material generated during tlie tenn of tliis Agreement
26. SUPERSEDURE, ASSIGNMENT and MODIFICATION - Tliis Agi'eeinent contains the complete and exclusive statement of the agreetnent between the pnrues and supersedes all previous or contemporaneous, oral or vvritten, statements. Customer may assign tt+is %+reement only with Ciirrieras prior written consent. No niodification to this Agieement sliall be binding unless in writing nnd signed by both parties. Orders sliall be binding upon Carrier when accepted in writing by an auffiorized representative or Carrier. CARRIERaS ACCEPTANCE OF CUSTOMERaS ORDER IS CONDITIONED UPON CUSTOMERaS ACCEPTANCE OF THE TERAaiS AND CONDITIONS SET FORTH HEREIN iTHIS v*4@1HyBHar) AND CUSTO&IERaS
AGREEMENT TO BE BOUND BY AND COMPLY WITH THIS
AGREEMENT. THIS AGREEMENT AND ALt REFERENCED
ATT ACHMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN
CARRIER AND CUSTOMER, AND NO AMENDMENT OR
MODIFICATION SHALL BE B)NDmG ON CARRIER tJNLESS SIGNED BY AN OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE FAILURE OF CaR TO OBJECT TO PROWSIONS CONTAINED IN
ANY PURCHASE ORDER OR OTHER DOCUMENT OF CUSTOMER
SHALL NOT BE CONSTRUED AS A WAIVER BY CARRIER OF THE TERA4S n'J THIS AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMERaS PROViSIONS ANY CONFLICT[NG OR ADDITIONAL
TERAIS OR CONDITIONS SET FORTH BY CUSTOMER IN A PURCHASE ORDER OR OTHER DOCUIIENT SHALL NOT BE.
BINDING UPON CARRIER, AND CARRIER HEREBY EXPRESSLY OBJECTS Tt!ERETO.
27. CUSTOMER CONSENT - Customer consents and agi'ees that Carrier may, from time to tiine, publicize Carrier related pmjects with Custoiner, including tbe value of such projects, in all forms and inedia for adveriising, tmde, and any other lawful puiposes
28. FOR WORK BEING PERFORN[ED IN CAIJFORNIA - Conh'acrors are required by law to be licensed and regulated by the Contmctorsa Slate License Board wl+idi lias jurisdiction to investigate complaints agniiist conlmctors if a compliiint regarding a patent iid or omission is filed witl+in four yeais of the date of ilie alleged violation. A complaint regarding a latent act or omission pertaining to stniciiiml defects must be filed witliin 10 yeais of the date of tlie alleged violation. Any questions concerning a contractor may be refeired ko tlie Registrar, Contracjorsa Stme License Board, P O Box 26000, Sacramento, California 95826.
29. INTELLECTUAL PROPERTY - Notwithstanding anything to tl+e commry siated herein, Carrier retains owneisliip of iis intellectual propeity and no license to Carrieras intellectual properk)' is granled except ns necessaiy for Custonier to use any deliverables and/or services provided heieunder.
Terms and Conditions of Sale - Equipment and/or Service 091322
30. DATA PRIVACY - Carrier processes personal data in accordance with its privacy notice at Carrier.com oy via the following link:
https://www.cariier.com/canier/en/worldwide/le@at/privacy-notice. Each pany will comply with applicable data privacy laws governing personal informatlon COlleCted and processed under thi5 Agreement, including the Califomia Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable commetcial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Canier. If a party collects or processes personal data from Califomia residenti under this Agreement, such parky is a a'Setvice Provider" under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTOR'/ ACCEPTANCE TESTS AND INSPECTIONS - The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity Of panicipams, locations Visited, and aCtiVitieS undertaken, shall be limited to activities directly related to the performance of this Agreement The tests or inspections will be subject to mutual agreement of the parkies, Carrier policy and internal pre-appnoval requirements, and sttlctly comply with Cusiomels policies as well as all applicable laws and regulations including, Without limitation, all applicable laws and regulations prohlbiting corruption.
32. CHANGE ORDER / ADDITIONAL WORK / PRICE ADJuSTMENTS - Carrier will not perform additional work until such time as Carrier receives a chance order, dul7 executed by eaCh pany, setting fOTth the SCOpe and an agreed upon price for the additional work, as well as any appropriate adjustments to the delivery schedule. Additional work and/or materials supplied under any change order shall be subJect to the temis of this Agreement. The price of services performed under this Agreement is sub%ct to change due to increases in material costs related tO TARIFFS, import duties, t(ade policy, epidemiCS, COmmOdity tx material COSts, fuel Surcharges, supplier COSts, labOT Casts, or related Impacts OT market conditions. Such change shall come into effect on thirty i30) days' prior written notice from Carrier to Customer. The price of equipment supplied under this Agreement is sub%ct to increase in accordance with the Producer Price Index iPPl) published by the u.s. Departmem of Labor Bureau of labor Statistics (B15) foy commodity: PCU33341-33341 HVAC and Commercial Refrigeration Equipment. Price escalation wlll be calculated as ii) total Agreement price multiplied by ill) the PPI on date of equipment delivery to end customer, divided by (iii) ppt on date of execution of the Agreement. Total Agreement price is not su5ject to decrease.
33. OCCUPATIONAL SAFETY AND HEALTH (Service Contrads Only) - Carrier and Customer agree to notify each other immediately upon becoming aware of an inspection unde5 0T any alleged Violation Of, the Occupational Safetyand Health Act ("OSHA") relating in any way to the performance of work under thiS Agreement, the project OT the job site.
Carrier Corporation 4
57 34. ANTI-DISCRIMINATION POLICY-The Carrier Fostering a Respectful and Safe Work Envkonment policy is incorporated into these terms via this link:
https://www.cattiet.com/commercial/en/us/media/carrler-anti- discrimination-harassment-policy-02192021 tcml9!1-l09848.pdf.
37. ADDITIONAL TERMS AND CON[)ITIONS - CANNABIS INDUSTRY - If Customer is involved in the cannabis industry in the US as a manufacturer, distributor, or otherwise, the additional terms and conditions available at https://www.cattiet.com/commercial/en/us/lezal/additional-terms which are incorporated herein, shall apply.
35. EQLIIPMENT RENTALS - If all or a portion of this Agreement is for equipment rental, the Carrier Rental SYSTEMS Master TeTmS and COnditiOnS - Rental, available at https://www.caniet.com/rentals/en/us/rental- equipment/rental-Forms/, shall apply to the rental equipment.
38. ADDITIONAL TERMS AND CONDITIONS - ABOUND-If this Agreement includes a subscription to the Abound platform, then the additional terms and conditions of the Abound Master SaaS Subscription Agreement available at Qps://abound.cartier.com/saas-a@reement which are incorpotated herein, shall apply
36. STATE CONTRACTOR LICENSE NIIMBERS - A lift Of Carriet" s state contractor license, certificate, and registration numbers, which list is incorporated herein, is available via this link:
https://www.catrier.com/commercial/en/us/service/contractor-licenses.
Terms and Conditions of Sale - Equipment and/or Service 091322 Carrier Corporation 5
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59 Project Naiue:
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Tag Name:
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Created on 7/22/2024 9:29'32 AM
Package Chillers NAO vl.S O.0
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Performance Report
Project Nanie:
City of South Gate - Police Departmem - 30 Ton Chiller Tag Name:
Chillerl
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Created on 7/22j2024 9:29:32 AM
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61 Submitted by: Alex Lopez
Performance Report
Project Name:
City of Souih Gate - Police Depaitment - 30 Ton Chiller Tag Name:
Chiller 1
IPLV,IP BTU/(W-hr)
Unit Performance
Percent Full Load Power
Cqoling Capac4ty
Unit Power Inout kW
Evaporator Data
100.0
100.0
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33.68 10.24
56.3 21.55
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62 Terms and Conditions
This offer is subject to Honeywell Terms & Conditions, copy available upon request. This quotation is valid for a period of 30 days from the date of issue.
We reserve the right to apply for partial payment at any time during contract performance.
To accept this proposal, simply sign the document and return together with an official purchase order to the email address noted above. By accepting this quotation, the Customer Responsible Person is aware of and agrees with the proposed system modification(s).
Honeywell reserves the right, in its discretion, to increase the price(s) set forth in this Proposal in the event that tanffs (or similar governmental charges) imposed by the United States or other countries result in any increase in the costs that Honeywell used to determine such price(s).
I confirm acceptance of this quotation in accordance with the aforementioned Terms & Conditions. I agree that any terms and conditions referenced in the official purchase order shall be considered null and void.
Honeywell Professional
Customer Acceptance
Name:
Title:
Date:
Signature:
Purchase Order #:
Quote Number: l30'il037
LA-RQ -SG Police Dept Chiller Panel Power Monitoring
63 Honeywell
Proposal for :
City of South Gate Police Dept - East Wing AH Refurbishment City of South Gate
Presented by :
Dave Fox
Honeywell International
Quote Number :15091286, MASTER
Honeywell
City of South Gate
64 Item No. 5
CITY COUNCIL
AeENDA IBTLL
Department Director:
For the Regular Meeting of: September 24, 2024
Ori a a Department: Comm Develo m t
eredith Elguira Rob Houston
SUBJECT: AMENDMENT N0. 2 TO CONTRACT N0. 2022-85-AC WITH BDO USA, LLP., TO CONTINUE PROVIDING GENERAL ACCOUNTING SERVICES AND
FINANCIAL ASSISTANCE TO THE CITY OF SOUTH GATE HOUSING AUTHORITY PURPOSE: To approve Ax'nendment No. 2 to Contract No. 2022-85-AC ("Amendment No. 2") with BDO USA LLP., ("BDO") to continue providing general accounting and financial assistance services for an additional one year.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 2 to Contract No. 2022-85-AC with BDO USA, LLP., ("Agreement") to continue providing as needed accounting and financial services to the City of South Gate Housing Authority ("SGHA") effective July 1, 2024, through June 30, 2025, in an amount not to exceed $25,000; and
b. Authorizing the Mayor to execute Amendment No. 2 in a form acceptable to tlie City Attorney.
FISCAL IMPACT: The cost of the proposed Amendment No. 2 will be included in the Fiscal Year 2024/25 Municipal Budget and will be funded from the following funds:
@ Housing Authority (Section 8 Admin) - Fund 241 $ 25,000 ANALYSIS: BDO provides a variety of accounting and financial services to the City of South Gate ("City") through the Housing Authority. These services include professional guidance in areas where the City may not have the expertise to comply with accounting and financial housing issues.
Listed below are some of the services BDO has provided the SGHA this past Fiscal Year:
* Analyze, prepare, and submit the monthly Voucher Management System ("VMS") submission to HUD.
* Analyze and prepare monthly statements of revenue, expenses, and net position. * Prepare monthly bank reconciliation and reconcile bank statement balance to the general ledger; Prepare Journal Vouchers ("JY') to reconcile. 1 65
* Prepare monthly calculation and JV posting of earned administrative fees and Housing Assistance Payment ("HAJ"') revenues.
* Analyze and prepare the monthly board report for the Board of Commissioners. * Analyze and prepare calculations for the HAP program reserve balance. * Analyze and update the monthly port-in register and prepare JV. * Analyze and prepare JV to record monthly fraud recovery revenue. * Prepare year-end unaudited and audited Financial Data Schedule ("FDS") and submit to Real Estate Assessment Center ("REAC").
* Review HUD correspondence and reconcile HUD funding.
The proposed amendment would allow BDO to continue providing general accoiu'iting services, financial expertise, and assistance to the SGHA.
BACKGROUND: On September 27, 2022, the City Manager approved the Agreement for General Accounting Services and Financial Assistance in an amount not to exceed Twenty-Five Thousand Dollars ($25,000).
On August 16, 2023, City and Consultant executed Amendment No. 1 to the Agreement to extend General Accounting Services and Financial Assistance in an amount not to exceed Twenty-Five Thousand Dollars ($25,000).
The City and Consultant desire to execute Amendment No. 2 to extend services identified in the Scope of Work, attached hereto as Exhibit "A" and made a part of this Amendment, for an additional year in an amount not to exceed Twenty-Five thousand dollars ($25,000), under the terms and conditions of the Agreement, bringing the aggregate total ofthe Agreement, Amendment Nos. 1 and 2 to Seventy-Five Thousand Dollars ($75,000).
ATTACHMENTS: A. Proposed Amendment No. 2 (including Scope of Work - Exhibit "A") B. Amendment No. 1 to Contract No. 2022-85-AC*
C. Contract No. 2022-85-AC*
*Each document is available for review through the City Clerk's Office. 2 66
Attachment A
Amendment No. 2
Contract No. 2022-85-AC
AMENDMENT N0. 2 TO CONTRACT N0. 2022-85-AC FOR
PROFESSIONAL SERVICES FOR GENERAL ACCOUNTING SERVICES
AND FINANCIAL ASSISTANCE BETWEEN THE CITY OF SOUTH
GATE AND BDO USA, LLP
This Amendment No. 2 to Contract No. 2022-85-AC for Professional Services for General Accounting Services and Financial Assistance ("Amendment No. 2") is made and entered into on July 1, 2024, retroactively, by and between the City of South Gate, a municipal corporation ("City"), and BDO USA, LLP., a California Limited Liability Partnership ("Consultant"). City and Consultant are sometimes hereina'fter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on September 27, 2022, the City Manager approved Contract No. 2022-85- AC with Consultant ("Agreement") for General Accounting Services and Financial Assistance in an amount not to exceed Twenty-Five Thousand Dollars ($25,000).
WHEREAS, on August 16, 2023, City and Consultant executed Amendment No. 1 to the Agreement to extend General Accounting and Financial Assistance services; and WHEREAS, City and Consultant desire to execute Amendment No. 2 to extend services identified in the Scope of Work, attached hereto as Exhibit "A" and made a part of this Amendment, for an additional year in an amount not to exceed Twenty-Five thousand dollars ($25,000), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment Nos. 1 and 2 to Seventy-Five Thousand Dollars ($75,000).
NOW, THEREFOR, the Parties hereby agree as follows:
1. MODIFICATION TO AGREEMENT
1.1 TERM OF AGREEMENT. The ternn of the Agreement, including Amendment Nos. 1 and 2, is extended retroactively for one (1) year beginning July 1, 2024, through June 30, 2025, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
1.2 COMPENSATION. The amount of compensation paid by City to Consultant for the additional scope of work identified in Exhibit "A" shall not exceed Twenty-Five Thousand Dollars ($25,000).
2. EFFECTIVE DATE. The effective date of this Aanendment No. 2 is retroactive to July 1, 2024, and will remain in effect for one (1) year through and including June 30, 2025, unless otherwise terminated in accordance with the terms of the Agreement.
Page I of 2
67 Amendment No. 2
Contract No. 2022-85-AC
3. EFFECT OF AMENDMENTS. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachments and Exhibits thereto, shall remain unchanged and in full force and effect. All recitals to this Amendment No. 2 are incorporated into the Agreement as modified by this Atnendment No. 2. Furthermore, City reserves the right to augment or reduce the scope of work as the City deems necessary.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
By:
Gil Hurtado, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
Raul F. Salinas, City Attorney
BDO USA, LLP.:
By:
Brian Alten, CPA Partner
Dated:
68 Exhibit "A"
IBDQ
Tel: 215-564-1900
Fax: 215-564-3940
www.bdo.com
1801 Market Street, Suite 1700
Philadelphia, PA 19103
August 16, 2024
City of South Gate
Attn: Carol Averell, Housing Manager
8650 Caltfornia Avenue
South Gate, CA 90280
Re: Agreement for Professional Servtces
Dear Ms. Averell:
Thank you for allowing us to propose professional services to the City of South Gate Housing Authority. We appreciate the opportunity to provide exceptional professional services to the City of South Gate Housing Authority ("g;" or "Y9!"). Your services will be provided by BDO USA (collectively "BDO" or "we"). This agreement is effective on July 1, 2024, and will be good through June 30, 2025.
Scope of Services
As agreed, BDO will provide services (the "Services") thatinclude the following general accountng services, financial expertise, and assistance:
* Analyze, prepare, and submit the monthly Voucher Management System (VMS) submission to HUD.
Analyze and prepare monthly statements of revenue, expenses, and net position.
Prepare monthly bank reconciliation and reconcile bank statement balance to the general ledger; Prepare JVs to reconcile.
Prepare monthly calculation and JV posting of earned administrative fees and HAP revenues.
Analyze and prepare the monthly board report for the Board of Commissioners.
* Analyze and prepare calculations for the HAP program reserve balance.
Analyze and update the monthly port-in register and prepare JV. * Analyze and prepare JV to record monthly fraud recovery revenue. * Prepare year-end unaudited and audited Financial Data Schedule (FDS) and submit to REAC.
BDO USA refers tO B DO USA, P .c., a Virginia professional corporation, also doing business in certain jurisdictions with an alternative identifying abbreviation, such as Corp. or P. S. C.
BDO 1154, p.c. is the u.s. member of BDO International Limited, a LIK company limited by guarantee, and forms part of the international BDO network of independent member firms.
8 [)0 j5 15@ 57Blld 7aHe fo( tjle 8DO Iletwork and for each of the BDO Member Firms. 69 IBDQ
Review HUD correspondence and reconcile HUD funding.
Any Service not specifically described herein is outside the scope of this agreement.
Fee Arrangement
BDO's fee for Services will be the firm's hourly rates, as noted below, plus costs for out-of-pocket expenditures. The total annual fees shall not exceed 525,000; and client will only be billed for work effort required.
Hourly Rates
The hourly rates for the employees of BDO who will be providing Staff
Partner
Director
Manager
Senior
Accountant
the Services are as follows:
Hourly Rate
5260
5195-5210
5150-5190
5125-5145
5120
Work will be assigned to the staff based on the skill set that is required to complete the task. Rates may increase each renewal year not to exceed 55 per level.
The following terms and conditions shall apply to the Services provided by BDO under this agreement:
1. General. Unless the parties specifically state in writing that they intend to modify a term of this agreement, the terms of this agreement shall prevail.
2. Russia Sanctions. By executing this Agreement, Client representi that it is not owned or controlled, directly or indirectly, by one or more Russian citizen(s), Russian national(s), persons physically located in Russia or enUty(s) organized under the laws of Russia. Client agrees that if at any time while BDO is providing services to Client the foregoing representation is no longer true, Client will immediately notify BDO.
3. Termination. Each parhy shall have the right to terminate this agreement at any time by giving written notice to the other party not less than 30 business days before the proposed effective date of termination. BDO mayterminate this agreementand outstanding Services immediately if BDO reasonably determines that it must do so to comply with applicable professional standards, applicable laws or regulations (e.g., a conflict of interest arises). Those provisions in this agreementthat, by their very nature, are intended to survive termination shall survive after the termination of this agreement, inctuding, but not limited to, the parties' obligations related to any of the following provisions: indemnification, limitations on liability, confidentiality, dispute resolution, payment and reimbursement obligations, limitations on use or reliance, and non- solicitation.
If this agreementis terminated Client agrees to compensate BDO for the Services performed and expenses incurred through the effective date of termination. To the extent Client terminates this agreement, any licensing arrangements under which Client receives from BDO a license to use, or obtain access to, External Computing Options (as defined below), Client agrees that it will be responsible for all fees and expenses associated with such licenses for External Computing Options 2 70
IBDQ
through and including the date that is thirty days after date the Client provides such termination noUce to BDO.
4. Indemnification and Limitation of Liability. As the Services are intended for Client and not third parties, Client agrees to release, indemnify and hold harmless BDO and its partners, principals, employees, affiliates, contractors and agents (collectively "") from and against all claims, liabilities, damages or expenses (including attorneys' fees) of any kind relating to the Services or this agreement, whether arising in contract, statute, tort (including without Limitation, negligence) or otherwise (collectively, the "Claims") thatare brought by a third party.
Client further agrees to release, indemnify and hold harmless BDO Group from all Claims relating to the Services or this Agreementattributable to any misrepresentations made by Client. Except to the extent finally determined to have resulted from BDO Group's fraud or intentional misconduct, BDO Group's aggregate liability to Client for all direct or third-party Claims shall not exceed the amount of fees paid by Client to BDO under this agreement. In no event shall BDO Group be liable for consequential, special, indirect, incidental, punitive, or exemplary losses or damages, loss of profits or losses resulting from loss of data, business or goodwill retating to this agreement, regardless of whether BDO has been advised of the possibility of such damages. Client shall bring anyCLaims related to the Services or otherwise related to this agreementno later than one year after (i) the completion of the Services set forth herein or (ii) if this agreement was terminated prior to completion of the Services, the date this agreementwas terminated. In no event shall the preceding sentence extend any otherwise legally applicable period of limitations on such Claims.
5. Thtrd-PartiesandUse.AllServicesanddeliverableshereundershallbesolelyforClient's use and benefit pursuant to our client relationship. This engagement does not create privity between BDO and any person or party other than Client and is not intended for the express or implied benefit of any third party. No third party is entitled to rely, in any manner or for any purpose, on the Services or deliverables of BDO hereunder.
6. BDO Responsibilities. BDO's Services will not constitute an audit, review, compilation, examination or other form of attest engagement. BDO shall have no responsibility to address any legal matters or questions of law. After completion of the Services, BDO will have no responsibility to update it> advice, recommendations or work product for changes or modifications to the law and regulations or for subsequent events or transactions, unless Client separately engages BDO in writing to do so.
7. Client Responsibiltties. For BDO to remain independent, professional standards require BDO to maintain certain respective roles and relationships with Client regarding the Services.
Client understands and agrees that BDO will not perform management functions or make management decisions on behalf of Client. However, BDO will provide advice and recommendations to assist management o( Client in performing its functions and fulfilling its responsibilities. In connection with BDO's provision of Services, Client agrees that Client shall perform the following functions: (a) makeall managementdecisions and perform all management functions with respect to the Services performed by BDO; (b) assign an individual who possesses suitable skill, knowledge and experience to oversee such Services and to evaluate the adequacy and results of such Services; and (c) accept responsibility for the results of such Services.
Because professional and certain regulatory standards require us to be independent, in both fact and appearance, with respect to the Client in the performance of our Services, any discussions that you have with personnel of BDO regarding employmentcould pose a threat to our independence. 3 71
IBDQ
Therefore, BDO requests that you inform us prior to any such discussions so that we can implement appropriate safeguards to maintain our independence.
The Client shall not employ or divert any employee or independent contractor of BDO. The obligations imposed by this paragraph shall survive the termination of this Agreement and continue for a period of one year following such termination. As liquidated damages for any breach of the obligations imposed by this paragraph, the Client shall pay to BDO an amount equal to 1 00% of the annual salary of any employee or 1 00% of the payments to any independent subcontractor over the most recent 1 2-month period, payable by BDO to the relevant employee or independent subcontractor at the time of such breach.
8. Client Matertals. BDO shall be entitled to rely on and assume, without independent verification, that all representations, assumptions, information and data supplied by or on behalf of Client, its personnel, representatives, and agents (the "Client Materials") are complete and accurate. Client is responsible for ensuring that all Client Materials provided to BDO may be transferred to BDO and processed in accordance with the terms of this agreementand applicable laws, and that to the extent required thereunder Client has obtained all consents required for BDO's receipt and use of the Client Materials. Client agrees that it will not transmit or make accessible to BDO in any manner personally identifiable information unless reasonably required for BDO's performance of the Services. BDO will not audit or otherwise verify the accuracy or completeness of the data you submit, although we may need to ask you for clarification of some of the information. Client shall be responsible for maintenance and retention of its records. Unless otherwise agreed to by the parties, BDO shall not assume any responsibility for any financial reporting with respect to the Services.
9. Ownership of Working Papers. In connection with the performance of the Services, we will prepare records and deliverabtes as set forth above. We also will prepare documents that support our work and include items such as work programs and analyses that do not constitute part of Client's records ("Working, Papers"). The Working Papers prepared pursuantto this agreement are the property of BDO. The Worktng Papers constitute confidential, proprietary, and trade secret imormation, and will be retained by BDO in accordance with our policies and procedures and all applicable laws.
10. AdditionalFeesandExpenses.Theamountofourfeesisbasedupontheexpectationthat certain information and assistance will be received by BDO in a timely manner from Client as set forth in this agreement. If BDO believes an additional fee is required as the result of the failure of Client to meet any of these requests for information or for any other reason, BDO will inform you in a timely manner.
Our standard practice is to render our invoices on a monthly basis. Payment of our invoices is due upon receipt. Invoices that are unpaid 30 days past the invoice date are deemed delinquent and we reserve the right to charge interest on the past due amount at the lesser of 1.O% per month or the maximum amount permitted by law. If an account has fees that are not paid in a timely manner, we then reserve the right to suspend our Services, terminate the licensing arrangements under which you receive a license to use, or suspend your access to, External Computing Options provided through BDO, withhold delivery of any deLiverables, or withdraw from this engagement entirely. If any collection action is required, you agree to reimburse us for all our costs of collection, including without limitation, attorneys' fees. 4 72
IBDQ
11. Assignment and Sole Recourse. In performing the Services hereunder, BDO may assign its rights to perform a porUon of the Services to, and may engage, the service of entities owned in whole or in part by BDO ("Affiliates"), members of the BDO Alliance USA (a nationwide association of independently-owned local and regional accounting, consulting and service firms, ("Alliana Firms"), independent member firms of the international BDO network ("Member Firms"), and independent contractors, including but not limited to parties who render auxiliary services ("Contractors" and, together with Affiliates, Alliance Firms and Member Firms, collectively, "T Party Service Providers." If a Third-Party Service Provider is utilized or assignmentis made, Client agrees that, unless Client contracts directly with the Third-Party Service Provider, substantially alL of the applicable terms and conditions set forth in the agreement, shall apply to the Third-Party Service Provider. BDO agrees that it shall not permit the Third-Party Service Provider to perform any work relating to the Services until the Third-Party Service Provider agrees to be bound by the applicabletermsandconditionsofthisagreement. BDOfurtheragreesthatitwillremainprimarily responsible for the Services, unless Client and BDO agree otherwise, and BDO will ensure that the work of the Third-Parby Service Provideris performed in accordancewith this agreement. Although applicable privacy laws may vary depending on the jurisdiction and may provide less or different protection than those of Client's home country, BDO requires Third-PartyService Providers to agree to maintain the confidentiality of Client's information and observe BDO's policies concerning any confidential client information that BDO provides to Third-Party Service Providers. To the extent you have any Claims againsta Member Firm thatis a Third Party Service Provider in anyway arising from, in respect of or in connection with the Services or this agreement, you agree that you shall bring such Claim(s) againstBDO instead of such Member Firm, exceptto the extentfinally judicially determined to have resulted from the fraud or intenUonal misconduct of such Member Firm. A Member Firm may enforce any Limitations or exclusions of liability available to BDO under this agreement.
Without our prior written consent, Client may not assign this agreementexcept to a parby that acquires substantially all of your asseti and operations.
12. DisputeResolution.AnydisputeorclaimbetweenyouandBDOarisingoutoforrelating to this agreement or a breach of this agreement, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud or claims based in whole or in part on any other common-law, statutory, regulatory, legal or equitable theory, and disputes regarding all fees, including attorneys' fees of any type, and/or costs charged under this agreement ("Arbitration Claims") (except to the extent provided below) shall be submitted to bindtng arbitration administered by the American Arbitratim Assoctation("AAA"),inaccordancewithitsCommercialArbitratfonRules. ArbitrationClatrns shall be brought in a party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Arbttration Claims shall be heard by a panel of three (3)arbitrators, to be chosen as follows: within fifteen (15) days after the commencement of arbitration, each party shall select one person to act as arbitrator; thereafter, the two individually selected arbttrators shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the thirdarbitrator,thethirdarbitratorshallbeselectedbytheAAA. Thearbitrationpanelshall have the power to rule upon its own jurisdtction and authority, including any objection to the initial or continuing existence, validity, effectiveness or scope of this arbitration agreement.
The arbitration panel may not consolidate more than one person's claims and may not otherwtsepresideoveranyformofarepresentativeorclassproceedtng. Thearbitrationpanel shall have no authorityto award non-monetary or equttable reltef, but nothing herein shall be construed as a prohibiUon against a party from pursuing non-monetary or equitable relief in a 5 73
IBDQ
federal or state court. The place of arbitration shall be the city in which the BDO office providing the majority of the Services involved is located, unless the parties agree in writing to a different locatton. Regardless of where the arbitration proceedtng actually takes place, all aspects of the arbitrationand thtsagreement shallbe governed bythe provisionsof the laws of the State of New York (except if there is no applicable state law providing for such arbftratton, then the Federal Arbitration Act shall apply) and the procedural and substantive law of such state shall be applied without reference to conflict of law rules. The parties shall beartheirownlegalfeesandcostsforallArbitrationClairns. Theawardofthearbitratorsshall be accompanied by a reasonedopinion, and judgment on the award rendered bythearbitratim panel may be entered in any court having jurisdiction thereof. Except as may be required by law or to enforce an award, neither a party nor an arbitrator may dtsclose the existence, content, or results of any arbitration hereunder without the prior written consent of the parties to this agreement.
The parties to this agreement acknowledge that by agreeing to this arbitration provision, they are giving up the right to litigate claims against each other, and important rights that would be available in litigation, including the right to trial by judge or jury, to extensive discovery and to appeal an adverse deciston. The parties acknowledge that they have read and understand this arbitration provision, and that they voluntarily agree to binding arbitration.
13. Conflicts oflnterest. BDO is not aware of any conflicts of interest with respect to any of the names Client has provided. BDO is not responsible for continuously monitoring other potential conflicts that could arise during the course of the engagement, although we will inform Client promptly should anycome to our attention. We reserve the right to resign from this engagement at any time if conflicts of interest arise or become known to us. Additionally, our engagement by Client will in no way preclude us from being engaged by any other party in the future.
Notwithstanding anytl"iing contained in confidentiality provisions set forth herein, BDO shall be permitted to disclose that it is engaged to provide the Services to Client under this agreementif BDO in its reasonable professional judgment determines that such disclosure is required in connection with BDO's provision of services on behalf of other clients of BDO, including, without limitation, professional services engagements under which BDO personnel act as professionals in legal proceedings that require disclosures, arbitrators in post-acquisition disputes or act as expert witnesses.
14. Power and Authority. Each of the parties hereto has all requisite power and authority to execute and deliver this agreement and to carry out and perform it> respective obligations hereunder. This agreement constitutes the legal, valid and binding obligations of each party, enforceable against such party in accordance with its terms.
15. Subpoenas.lfClientrequest>BDOtoobjecttoorrespondto,orBDOreceivesandresponds to, a validly issued third party subpoena, court order, government regulatory inquiry, or other similar request for, or (egal process for the production of, documents and/or testimony relative to information we obtained and/or prepared during the course of this or any prior engagements with Client, you agree to compensate us for all time BDO expends in connection with such response, at our standard rates, and to reimburse BDO for all related out-of-pocket costs (including outiide attorneys' fees) that we incur.
16. Email Communications. BDO disclaims and waives, and the Client releases BDO from all liability for the interception or unintentional disclosure of e-mail transmissions or for the 6 (O
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unauthorized use or failed delivery of e-mails transmitted or received by BDO in connection with the performance of the Services.
17. External Computing Options.lf, at the Client's request, any member of the BDO Group agrees to use certain external commercial services, including but not limited to services for cloud storage, remote access, third party software and/or file sharing options (collectively " Computing Options"), that are outside of BDO's standard security protocol, the Client acknowledges that such External Computing Options may be associated with heightened security and privacy risks. Accordingly, BDO Group disclaims, and the Client agrees to release BDO Group from, and indemnify BDO Group for, all liability arising outof or related to the use of such External Computing Options.
18. Electronic Transmissions. This agreement may be transmitted in electronic format and shall not be denied legal effect solely because it was formed or transmitted, in whole or in part, by electronic record; however, this agreement must then remain capable of being retained and accurately reproduced, from time to time, by electronic record by the parties to this agreement and all other persons or entities required by law. An electronically transmitted signature to this agreementwill be deemed an acceptable original for purposes of consummating this agreement and binding the party providing such electronic signature.
19. Severability. If any portion of this agreement is held to be void, invalid, or otherwise unenforceable in whole or in part, for any reason whatsoever, such portion of this agreementshalL be amended to the minimum extent required to make the provision enforceable and the remainiig portions of this agreement shall remain in full force and effect.
20. Independent Contractor. BDO is providing the Services to Client as an independent contractor bound by the terms hereof to perform the Services pursuant to the Client's instructions.
BDO' s obligations to Client are exclusively contractual in nature. This agreement does not create any agency, employment, partnership, joint venture, trust, or other fiduciary relationship between the parties. Neither BDO nor Client shall have the right to bind the other to any third party or otherwise to act in any way as a representative or agent of the other except as otherwise agreed in writing between the parties.
21. Confidentiality. Each of the parties hereto shall treat and keep all the "Confidential Information" as confidential, with at least the same degree of care as it accords to its own confidential information, but in no event less than a reasonable degree of care. Each party shall disclose the Confidential Information only to its employees, partners, contractors, agents or its legal or other advisors, provided that they have: (i) each been informed of the confidential, proprietary and secret nature of the Confidential Information, or are subject to a binding, preexisting obligation of confidentiality no less stringent than the requirements of this agreement and (ii) a demonstrable need to review such Confidential Information. "Confidential Information" means all non-public information that is marked as "confidential" or "proprietary" or has commercial value in the party's business and is obtained by one party (the "Receiving, Party") from the other party (the "Disclosing Party"). All terms of this agreementare considered Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information that was or is: (a) known to the Receivtng Parby prior to disclosure by the Disclosing Party; (b) as of the time of its disclosure, or thereafter becomes, partof the public domain through a source other than the Receiving Party; (c) made known to the Receiving Party by a third person who is not subject to any confidentiality obligation known to Receiving Party and such third party does not impose any confidentiality obligation on the Receiving Party with respect to such 7 75
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information; (d) required to be disclosed pursuant to governmental authority, professional obligation, law, decree regulation, subpoena or court order; or (e) independentLy developed by the Receiving Party. If BDO is providing tax services for the Client, in no case shall the tax treahnent or the tax structure of any transaction be treated as confidential as provided in Treas. Reg. sec. 16011 -4(b%3). If disclosure is required pursuantto subsection (d) above, the Receiving Party shall (other than in connection with routine supervisory examinations by regulatory authorities with jurisdiction and without breaching any legal or regulatory requirement), to the extent legally permissible, provide prior written notice thereof to allow the Disclosing Party to seek a protective order or other appropriate relief. Upon the request of the Disclosing Party, the Receiving Parby shall return or destroy all of the Confidential Information except for: (y) copies retained in work paper files retained to comply with a parby's professional or legal obligations; and (z) such Confidential Information retained in accordance with the Receiving Party's normaL data back-up procedures
22. Restricted Federal Data. The parties agree that the Services are not intended to involve the processing of Restricted Data, defined as data subject to laws, regulations or government-wm policies that require safeguarding or dissemination controls, including the Federal Acquisition Regulations ("FAR"), the Defense Federal Acquisition Regulation Supplement ("DFARS"), the International Traffic in Arms Regulation ("ITAR"), the ExportAdministration Regulations ("EAR"), and the Arms Export Control Act ("AECA"). For clarity, and without limiting the foregoing, controlled unclassified information ("CUI") shall be included in the definition of Restricted Data. Client shall not provide or otherwise make available Restricted Data to BDO unless expressly agreed to in advance in writing by BDO. If Client becomes aware that any known or suspected Restricted Data will be or has been disclosed to BDO by Client or otherwise in connection with the Services, Client will immediately notify BDO in writing to [email protected] and will cease any further transfer of such data unless and until BDO expressly agrees in writing. Clientwill fully cooperate with BDO in the investigation of and response to any known or suspected Restricted Data that Client has disclosed to BDO notwithstanding the foregoing. Clientfurther agrees that it will be responsible for all fees, costs and expenses associated with processing of Restricted Data, including without limitation additional fees, costs and expenses related to compliance with obligations with respect to such Restricted Data.
23. Intelledual Property. BDO shall retain the right to reuse the ideas, concepts, know-how, and techniques derived from the rendering of the Services so long as it does not require the disclosure of any of Client's Confidential Information (as defined above). BDO shall be entitled to all protections afforded under State and Federal statutory or common law with respect to any report, computer program (source code and object code) or programming and/or material documentation, manual, chart, specification, formula, database architecture, template, system model, copyright, diagram, description, screen display, schematic, blueprint drawing, tape, license, listing, invention, record, developmentframeworks, codelibraries, bestpractices, general knowledge, skills and experience, or other materials preexisting the execution of this agreement ("BDO Intellectual Property"). Unless otherwise specifically stated in this agreement, the reproduction, distribution or transfer, by any means or methods, whether direct or indirect, of any of BDO's or iti agents' Intellectual Property or proprietary information by the Client is strictly prohibited.
24. Licenstng Representation. To the extent necessary for BDO to perform its obligations described herein, Client represents and warrants that it will obtain, maintain and comply with all of the licenses, consents, permits, approvals and authorizations that are necessary to allow BDO and its employees, contractors and subcontractors to access and use the services or software 8 76
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provided for the benefit of Client under Client's third-party services contracts, licenses or other contracts granting Client the right to access, use or receive services or software (each a " Representation"). Upon BDO'srequest, ClientwiLl provide BDOanyreferencesavailableevidencing the Licensing Representation (e.g., order number, customer support identifier). Tools subject to this Licensing Representation are hereby deemed External Computing Opt'ons (as defined in this Agreement). Client hereby releases BDO Group from all claims and liabilities resulting from (i) BDO's reliance on a Licensing Representation and (ii) the functionality of any third-parby software or services used or accessed by BDO.
25. Non-CPA Nottce Requirement. BDO is owned by professionals who hold CPA licenses.
Depending on the nature of the Services being provided, from time to time non-CPA personnel may be involved in providing certain Services hereunder.
26. Entire Agreement. This agreement sets forth the entire agreement between the parties with respect to the subject matter herein, superseding all prior agreements, negotiations, or understandings, whether oral or written, with respect to the subject matter herein. This agreement may not be changed, modified, orwaived in whole or part except by an instrument in writing signed by both parties.
Please acknowledge your acceptance of the foregoing by signing and returning a copy of this agreement to Brian Alten, CPA, Principal.
If you have anyquestions, please contact Brian Alten, BDO PRINCIPAL. We look forward to workiig with you.
Very truly yours,
BDO USA
BY:
Name: Brian Alten, CPA
Title: Principal
By signing below, the authorized signatory represents that he/she has power and authority and has obtained all approvals, authorizations and consenti necessary to enter into this agreement on behalf of the Client set forth below for whom the authorized signatory is executing this agreement. The authorized signatory represents that this agreement constitutes the legal, valid and binding obligation of the Client set forth below for whom the authorized signatory is executing this agreement and is enforceable against the Client in accordance with its terms and conditions.
Accepted and Agreed to by:
South Gate Housing Authority
BY:
Print Name:
Print Title:
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(Please sign and return to us one copy; retain a copy for your files) The Data Privacy Policy for BDO USA and its subsidiaries is located at https://www.bdo.com/legal-privacy/client-data-privacy-policy. If you have questions aboutthis Privacy Policy, please contact us at [email protected]. )i.,/78
Item No. 6
Oliii'i- ut the
South C"iafe City Clerk
SFP 19 20'2':
FILED f,H.,4
C'dy of South Gate
CITYCOUNCIL
AGENDA BULL
For the Regular Meeting of: September 24, 2024
Originating Department: Public Works
Arturo Cervantes
City Manager:
Rob Houston
SUBJECT: APPROVAL OF SOUTHERN CALIFORNIA EDISON LICENSE
AGREEMENT TO AUTHORIZE USE OF THEIR PROPERTY FOR WATER
OPERATIONS AND MAINTENANCE ACTIVITIES
PURPOSE: To approve the Southern California Edison (SCE) License Agreement, Contract No.
9.8335, to authorize use oftheir property for Water Division operations and maintenance activities.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving the Southern California Edison License Agreement, Contract No. 9.8335, which authorizes the City to use their property for Water Division operations and maintenance activities; and
b. Authorizing the Mayor to execute the License Agreement, in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact to the General Fund. The annual license fee and maintenance costs will be funded through the Water Fund, according to the pavement schedule summarized below.
Year Maintenance Costs Annual Fee Total
2024 $3,600 $1,067 $4,667
2025 $3,600 $1,120 $4,720
2026 $3,600 $1,176 $4,776
2027 $3,600 $1,235 $4,835
2028 $3,600 $1,296 $4,896
Total $18,000 $5,894 $23,894
ANALYSIS: The Hawkins Reservoir Water Production Facility is operated and maintained by City staff and daily access is essential. Given its location, Public Works staff currently uses a 30- foot-wide road that is located on SCE property to access it (Access Road). The City is authorized to use the Access Road under Contract No. 9.8231 to access the water facility. Staff has also been using it to access other areas of the SCE property for maintenance and other essential activities.
Recently, SCE installed new fencing along the Access Road so the remainder of the site is not accessible, SCE has agreed to permit access to the entire site, however, under a new License 1 79
Agreement. The proposed License Agreement provides for a 5-Year term, effective from July 1, 2024 to June 30, 2029. It provides for continued access to the water production facility as well as to the entire SCE site for maintenance activities. It also therefore requires the City to maintain the site. The estimated cost of maintenance is $3,600 annually. The fee for the proposed License Agreement with the increase acreage did not increase the license costs. The fees to the license was the same but the fee does increases approximately 5% each year. Both will be funded by the Water Fund.
BACKGROUND: The City owns and operates a municipal water system that provides drinking water to approximately 90% of the City's residents and businesses. The water system is equipped within the Hawkins Reservoir site, which is located at 9021 West Frontage Road, South Gate, CA 90280, adjacent to I-710 Freeway onramp at Firestone Boulevard. This site consists of two groundwater water wells and two 2.5 million gallons steel tanks built in 1985 (Reservoirs). The Reservoirs are 43 feet tall and 106 feet in diameter approximately.
The Hawkins Reservoir is critical infrastructure and primarily serves water to the residents that live on the east side of the City. Currently, the site is only accessible through the Access Road.
The proposed License Agreement will provide the authority to continue to access the Hawkins Reservoir as well as the remainder of the site.
ATTACHMENT: A.
B.
C.
SouthernCaliforniaEdisonLicenseAgreementContractNo. 9.8335 Contract No. 9.8231
Property Exhibit
DD:lc
2 80
Attachment A
SCE Doc. 112305 Att. Contract No. 9.8335
CITY OF SOUTH GATE
LICENSE AGREEMENT
INDEX OF ARTICLES
1. USE
2. TERM
3. CONSIDERATION
4. INSURANCE
5. LICENSOR'S USE OF THE PROPERTY
6. LICENSEE'S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHTLIMITATIONSANDVERTICALCLEARANCES
9. ACCESS AND CLEARANCES
10. PARKING
11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)
12. FLAMMABLES, WASTE AND NUISANCES
13. PESTICIDES AND HERBICIDES
14. HAZARDOUS MATERIALS AND W ASTE
15. SIGNS
16. FENCING AND EXISTING FIXTURES
17. PARKWAYS AND LANDSCAPING
18. IRRIGATION EQUIPMENT
19. UNDERGROUND T ANKS
20. UNDERGROUND FACILITIES
21. UTILITIES
22. TAXES, ASSESSMENTS AND LIENS
23. EXPENSE
24. ASSIGNMENTS
25. COMPLIANCE WITH LAWS AND REGULATIONS
26. GOVERNING LAW
27. INDEMNIFICATION; ASSUMPI'ION OF RISK; RELEASE
28. TERMINATION
29. EVENTS OF DEFAULT
30. REMEDIES
31. LICENSEE'S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION
32. LIMITATION OF LIABILITY
33. NON-POSSESSORY INTEREST
34. W AIVER
35. AUTHORITY
36. ELECTRIC AND MAGNETIC FIELDS
Licensor/ Licensee
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SCE Doc. 112305 Att. Contract No. 9.8335
37. INDUCED VOLT AGES
38. NOTICES
39. RECORDING
40. COMPLETE AGREEMENT
41. SIGNATURE AUTHORITY
42. SURVIV AL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS ADDENDUM(Sj
PARKING
Licensor/ Licensee
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82 SCE Doc. 112305 Att. Contract No. 9.8335
LICENSE AGREEMENT
THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of Caljfornia, called "Licensor", and CITY OF SOUTH GATE, called "Licensee";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property" on the Exhibit "A" attached hereto and made a part hereof, being a portion of Assessor's Parcel Number 6222-001-801, situated in the City of South Gate, County of Los Angeles, State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record.
Acknowledgment of License and Disclaimer of Tenancy Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory, personal and non-assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement (the "License Privilege"). Licensee further acla'iowledges and agrees that:
* The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property or similarly situated parcels. * Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property.
* The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property.
* Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement.
* In consideration of Licensor's grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License. @ Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement.
Licensor/ Licensee
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83 SCE Doc. 112305 Att. Contract No. 9.8335
1. Use: Licensee will use the Property for access road purposes only. Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's use of the property for any other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30.
2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing 'on the first day of July, 2024 and ending on the last day of June, 2029. Licensee acla'iowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason.
3. Consideration: Licensee will pay to Licensor the sum of One Thousand Sixty Six and 56 / 100 Dollars ($ 1,066.56) upon the execution and delivery of this Agreement with subsequent annual payments as specified below. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor. Payment schedule:
Year Term Yearly
Amount
Payment Due
First Day Of
First Year 2024 $1,066.56 July
Second Year 2025 $i,iig.sg July
Third Year 2026 $1,175.88 July
Fourth Year 2027 $1,234.67 July
Fifth Year 2028 $1,296.41 July
All accounts not paid by the agreed upon due date may be subject to a late fee of up to 20% of the amount that was due on the date.
All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department - Accounts Receivable.
4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance :
(a) Workers' Compensation with statutory limits, under the laws of the State of California and Employer's Liability with limits of not less than $1,000,000.00 each accident, disease/each employee, and disease/policy limit. Licensee shall require its insurer to Licensor/Licensee
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84 SCE Doc. 112305 Att. Contract No. 9.8335
waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance, including contractual liability and products liability, with limits not less than $1,000,000.00 per occurrence and $1,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee's negligent acts or omissions; (ii) be primary for all purposes and (iii) contain separation of insureds or cross-liability clause, and (iv) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor.
(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.00. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Property.
(d) Self - Insurance: Licensee may self-insure all of the insurance requirements above if they belong to an approved Secondary Use Category and the self-insurance is maintained under a self-insurance program reasonably satisfactory to Licensor. Access road use is an approved Secondary Use Category; Licensee may submit written verification of self- insurance to meet the above insurance requirements.
The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 "Notices", at least ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at least ten (10) days' prior written notice before the effective date of cancellation. The required insurance policies shall be maintained with insurers reasonably satisfactory to Licensor and shall be primary and non-contributory with any insurance or self-insurance maintained by Licensor.
5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor's activities under this Article.
6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, - identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee's conceptual plans for proposed improvements shall be developed in accordance with the guidelines contained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans only; and that Licensor may modif5r or add to the conditions contained in the Appendix hereto, based on individual site characteristics, Licensor's existing Licensor/ Licensee
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or potential operating needs or Licensee's proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever.
To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor's use of the Property.
Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county building requirements, other legal requirements, or the generally accepted standard of care.
At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee's risk and expense and without compensation from Licensor. Licensor is not required, at any time, to make any repairs, improvements, alterations, changes or additions of any nature whatsoever to the Propertyand/or any fixtures thereon. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with Articles 28, and/or 30.
7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee's personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination or expiration of this Agreement. All equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.
Licensee shall be responsible for any damage to the Property and/or Licensor's personal property arising out of Licensee's activities on the Property, including its use and/or removal of Licensee's personal property. Licensee further acla'iowledges and agrees that Licensor is not responsible for Licensee's personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee's personal property at any time. (ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement.
Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non- party's personal property.
8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain minimum dearances from all overhead electrical conductors as designated in the table below:
Vehicle / Equipment Vertical Clearance
500 kV 35 feet
220 kV - 66kV 30 feet
<66kV (Distribution facilities) 25 feet
Telecom 18 feet
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All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove or relocate at Licensee's expense, any tree and/or other planting.
9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment, personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads w'thin the Property, at a minimum usable width of sixteen (16) feet, w'th commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances:
a. A 50-foot-radius around suspension tower legs, H-Frames and poles and 100-foot radius around dead-end tower legs, H-Frames and poles. b. A 25-foot-radius around all other poles.
NOTE: Additional clearance may be required by Licensor for structures.
10. : Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor.
11. Weeds, Brush, Rubbish and Debris (Weed Abatementj: Licensee will keep the Property clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.
12. Flammables, Waste and Nuisances: Unless permitted by Licensor in writing, Licensee will not, or allow others, to place, use, or store any flammable or combustible materials or waste materials on the Property or commit any waste or damage to the Property or allow any to be done.
Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances.
Licensee will not permit dogs on the Property.
13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, and all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law.
14. Hazardous Material and Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to the use, management, storage, or disposal of waste, including, but not limited to hazardous, toxic or infectious materials. Unless permitted by Licensor in writing, Licensee will not, or allow others to, place, use, or store any hazardous, toxic or infectious materials and/or waste on the Property. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses Licensor/Licensee
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and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee.
15. : Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3) days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor.
Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee's use of the Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable.
16. Fencing and Existing Fixtures: Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures affixed to the Property, and further disclaims any liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor.
17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.
18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be sunendered with the Property upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.
19. Underground and Above-Ground Tanks: Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval in accordance with Article 6.
20. Underground Facilities: Any underground facilities must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle.
Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.
21. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property.
22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, Licensor/ Licensee
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structures, aiid fixtures on the Property. Licei'isee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law.
23. : Licensee will perform and pay all obligations of Licensee under this Agreement.
All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters or things.
24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party.
25. Compliance with Laws and Regulations: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee w'll obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall also comply with the requirements of every addendum attached hereto. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision.
26. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California.
27. Indemnification; Assumption of Risk; Release: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee.
Licensee agrees to assume all risk of loss by fire, flood, earthquake, theft, accident, or casualty of any kind, which may affect the Property, any improvements constructed or installed thereon by Licensee, Licensee's use of the Property, or exercise of the rights granted herein. Licensee releases and waives all claims against Licensor and each of the indemnified parties for loss or damage caused by, arising out of, or in any way connected with Licensor's or Licensee's use of the Property or the exercise of the rights granted herein.
28. Termination: Licensor or Licensee may terminate this Agreement, at any time, for any reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor/ Licensee
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Licensor for all the detrirnent proximately caused by Licensee's failure to perform its obligations under this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non-payment of the License fee, Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the remaining term, to the extent such fees exceed any offset claimed by Licensor under the Agreement
29. Events of Default: In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee :
(a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 24.
(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency applicable to Licensee's activities under this Agreement. (e) Any attempt to exclude Licensor from the licensed premises. (f) The m aking by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days. (g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause f' of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof.
(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Propert5r.
(i) With respect to items not otherwise listed in Article 29.a-h, the failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee. Licensor shall provide written notice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten (10) or more consecutive days from the date of the notice. Further, with respect to items not otherwise listed in Article 29.a-h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen (15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After providing initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement.
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30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee.
31. Licensee's Personal Property Upon Termination or Expiration: In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee's sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition it was in prior to the Licensee's use of the Property, in a manner satisfactory to Licensor.
If Licensee fails or refuses to remove any of Licensee's personal property, building(s), fixture(s) or structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal property, building(si fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and / or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee's personal property.
Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee's personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies and environmental remediation and/or cleanup attributable to Licensee's use of the Property, and (iv) the restoration of the Property to the condition it was in prior to Licensor's initial use of the Property.
Licensee agrees to pay such expenses to Licensor upon demand.
32. Limitation of Liability:
IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEF, IDENTIFIED IN ARTICLE 3,
WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE AGREES TO LIMIT LICENSOR'8 LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH, IF
LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR'S NEGLIGENCE, INCLUDING GROSS
NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE'S PERSONAL PROPERTY, BUILDING(8), STRUCTURE(SJ OR FIXTUREIS), THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOT AL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE fflRM OF
THIS AGREEMENT
FURTHER, IN NO EVENT SHALL LICEN80R BE LIABLE UNDER ANY CIRCUMSTANCES FOR
INJURY OR DAMAGE TO LICENSEE'S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF RENT8 0R OTHF,R EVENT8, LOSS OF BUSINESS OPPORTUNITY, LOS8 0F GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMF,NT. THE PROVISIONS OF THIS SECTION 32 SHALL F,XPRSSLY SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT
33. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property.
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34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessai'y the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. Licensor's acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor's termination of the Agreement.
35. : This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69-C, this License is made conditional upon the right of the Licensor either on order of the Public Utilities Commission or on Grantor's own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor's service to its patrons or consumers, it shall appear necessary or desirable to do so.
Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor's rights, title and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities.
36. Electric and Magnetic Fields ("EMF"): There are numerous sources of power frequency electric and magnetic field ("EMF"I including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long-term exposures to EMF and certain diseases is based on this scientific research and public concerns.
While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected.
Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property.
37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the "Structures") in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as "Induced Voltages") unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not Licensor/ Licensee
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limited to, electric shocks or other injuries to individuals contacting the Sttuctures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense.
Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor's own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures.
38. Notices: All notices required to be given by either party shall be made in writing and shall be deemed to have been given and received (a) when personally delivered, or delivered by same- day courier; or (b) on the third business day after mailing by registered or certified mail, postage prepaid, return receipt requested; or (c) upon delivery when sent by prepaid overnight express delivery service (e.g., FedEx, UPS); or (d) when sent by email and upon the receipt by the sending party of written confirmation by the receiving party. Notices shall be addressed as follows:
To Licensor: Southern California Edison Company
Vegetation 8r, Land Management
Land Management - Metro Region West
2 Innovation Way
Pomona, CA 91768
Email: [email protected]
To Licensee: City of South Gate
8650 California Avenue
South Gate, CA 90280
Email: [email protected]
Business Telephone No. (323) 563-9576
Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change.
39. : Licensee will not record this Agreement.
40. Complete Agreement: Licensor and Licensee acla'iowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. Any appendices, addenda and exhibits attached hereto are incorporated herein and made an integral part hereof. This Agreement may not be modified, amended, contradicted, supplemented or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amended only by way of a writing Licensor/ Licensee
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executed by both parties. In case any provision in this Agreement shall be deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
41. Signature Authority: Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein.
42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.
LICENSOR:
SOUTHERN CALIFORNIA EDISON COMPANY
BY
NICOLE ROSENTHAL
Real Estate Specialist
Land Management - Metro Region West
Vegetation &, Land Managment
AffEST: Date
BY: LICENSEE:
Yodit Glaze, City Clerk
(SEAL)
CITY OF SOUTH GATE
APPROVED AS TO FORM:
BY
Gil Hurtado, City Mayor
BV:
Raul F. Salinas, City Attorney
Date
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APPENDIX
Guidelines for Standard Licensee Improvements
The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Edison Company herein after referred to as "Licensor" for consideration and approval prior to the start of aru4 coristructiori on"Licensor" .
Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent "Licensor" towers, poles, guy wires or other "Licensor" facilities.
The plan must show the locations of all "Licensor" towers and poles, 16-foot-wide access roads, m ain water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a "north arrow" and the Licensee's name.
SHADE STRUCTURES
(Defmition: A non-flammable frame covered on the top uiith a material desigrted to provide shade to aid in growing plants)
1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensor's overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shade structures will not be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles
3. Shade stnictures must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded in accordance with plans approved and stamped by a California electrical engineer
d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials.
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SHADEHOUSES /HOTHOUSES
(Definition: A simple, nori-flammable, eridosed stnzcture designed to contro7 temperature without the bertefit of heating and/or air conditionirig units to aid iri propagating and/or growing plants)
1. Shadehouses/hothousesmustmaintainminimumspacingof50feetbetweenshadehouse/hothouse locations, should be placed in perpendicular to Licensor's overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height
2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles
3. Shadehouses/hothouses must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded in accordance with plans approved and stamped by a California electrical engineer
d. Covering must be non-flammable and manufactured with non-hydrocarbon materials
GREENHOUSES
(Definition: An endosed structure desigrted to control temperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plarits) Greenhouses will be considered on a case-by-case basis.
IRRIGATION SYSTEMS / WELLS
1. Maximum diameter of pipe: 3 inches
2. All pipes must be plastic Schedule 40 or better
3. No irrigation system will be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50 -foot radius around suspension tower legs, H-Frames, and poles Licensor/ Licensee
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c. 100-foot radius around dead-end tower legs, H-Frames, and poles
4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way
5. Suitable identification markers will be required on main controllers and valves
6. Locations of main shut off valve will be provided and shown on a plot plan
7. Underground facilities must have a minimum cover of three feet
8. Earth disturbed must be compacted to ninety percent (90%)
LANDSCAPING
1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the area directly located under the outer circumference of the overhead conductors, which is commonly known as the "drip line."
2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet
3. Placement of large rocks (boulders) must be approved in writing by Licensor
4. Any mounds or change of grade must be approved in writing by Licensor
5. No cactus or thorny shrubs will be permitted
6. Retaining walls, planters, etc. may be considered on a case-by-case basis and must be approved in writing by Licensor
7. No crushed or freshly laid asphalt will be permitted TRAILERS (Definition: Removable / portable office modules are not pemitted without Licensor's prior pemission. Trailers must meet the following criteria to be considered: Trailers must meet the following criteria:
a. Must have axles and wheel and be able to be moved b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet
2. No trailers will be permitted within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles Licensor/ Licensee
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e. Under or within 10 feet of the conductor "drip lines"
3. Sewer or gas lines to trailers must be approved in writing by Licensor
4. Location of all electrical and telephone lines must be approved in writing by Licensor
5. Electrical lines must be installed by a licensed -general contractor.
6. Trailers shall not be used for residential purposes
7. Toxic or flammable materials will not be permitted in trailers
8. Adequately grounded in accordance with plans approved and stamped by a California electrical engu'xeer
PARKING AREAS
Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the "drip lines" without Licensor's prior written approval. Parking spaces to be identified under the approved site plan. "No Parking" striping may be required in areas where additional clearance is required.
MATERIAL STORAGE
1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities.
2. Licensee must provide Licensor with a list of material stored on the right of way
3. No toxic or flammable materials will be permitted
4. No materials shall be stored within the following areas reserved for Licensor's access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50 - foot radius around suspension tower legs, H-Frames, and poles c. 100 - foot radius around dead-end tower legs, H-Frames, and poles d. 25 feet from anchors / guy wires, poles and wood poles
5. Storage of materials not to exceed a maximum height of 15 feet
6. No storage of gasoline, diesel or any other type of fuel will be permitted
7. Any fencing around the storage areas must have Licensor's prior written approval.
Initial ( ) / ( )
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ADDENDUM
PARKING
A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property.
B. Licensor only allows overflow parking. No portion of the Property will be used to satisfy the minimum parking requirements of any government agency.
C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements and/or subsequent modification. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor.
D. At any time, Licensor may require removal, modification, or relocation of any portion of the parking improvements. At Licensee's sole expense, Licensee will remove, modify, or relocate same to a location satisfactory to Licensor, within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor.
E. Parking will be permitted in designated areas only. Unless prior written approval is received from Licensor, no parking will be permitted under or within ten (10) feet of the "drip line" of Licensor's overhead electrical conductors.
F. All parking spaces and parking improvements are to be identified on a site plan and submitted to Licensor to obtain prior written approval from Licensor.
G. Bollards, K-rails, or "No Parking" striping may be required to protect Licensor's structures or in areas where additional clearance is required.
H. The Licensee's parking area shall not interfere with the Licensor's minimum access road requirements.
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OWNER: CITY OF SOUTH GATE THE FOLLOWING CLEARANCES MUST BE m
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FACILITY NAME: DONALD 05205 12KV STEWART T/L R/W iLICENSE[ AREA (GROSS) iSQ.FT.: 30,277 iAC.: 0.70 LICENSEE: CITY OF SOUTH GATE CONTRACT NO.: 9.8335 iACCOUNT NO.: N/A Cl"IY: SOUTH GATE i COUNTY: LOS ANGELES STATEI CA I T.G.: 705/F4 I M.S.: oElo-oEl0 APN.(S): 6222-001-801 SCE DOCUMENT NO.: 112305/001
SCE FIM MAP: 093-4236-0 i SCE L_AN[) BOOK: N/A REF: 2022/9.8231 .DWG II fk SOMERN CMjR)RN[A
E[D[S(DI)N'R,P, L_AND AGENT: N. ROSENTHAL i SURVEY MAPPING: R. HERNANDEZ iCHECKED BY: R. WADDELL i!l
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ORDER NO.: 802225497 i NOT. NO.: 204134780 i DATE: 05/21/2024i FILE NAME: 9.8335.DWG - - - -- - -
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5/21/2024 7:47 AM, }\SCE}WORKGROUP}CRE\REO-SURVEY\LEASE & LICENSE EXHIBITS'l2024\SCES,9.8335CITi OF SOUTH GATE}CAD2019}!l.8335.DWG 100
Attachment B
Acct Number 9000000008231 (9,8231)
TEMPORARY BNTRY :PERMIT
Permission is given to City of South Gate (Permittee) to enter upon Southern California Edison's (SCE) property located at Southern Ave. and Frontage Rd,, on Assessor Parcel Number 6222-001-801, in the City of , County of Los Angeles, State of California (Premises) as shown on the attached Exhibit PURPOSEi Access
Permittees use of the Premises for any purpose other than identified in accordance with this Permit, shall be grounds fpr immediate termination of this Permit as determined by SCE in its sole discretion.
TERM: Cornmencing December 1, 2022 Ending May 31, 2023 8UEJBCT TO: /'al licenses, covenants, conditions, restrictions, reservations, rights and easements, ai'id/ or any other encumbrances on the property, whether of record or not.
INDEMNIF!CAffON/IN8URANCJ;: Permittee agrees, for itself, and for its and their agents and employees and any person or persons claitning under the Permittee, to save harmless and indemnify SCE, its successors and assigns, and its and their officers, agents, employees, tenants, licensees and Permittees from and against all claims, demands, loss, damage, actions, causes of action, expense and/or liability arising or growing out of loss of or damage to property including the property of SCE, its successors and assigris, and its and their officers, agents, employees, tenants, licensees, and Permittees or injury to or death of persons resulting in any manner, directly or indirectly, from the maintenance, use, operation, repair or presence of said use. Permittee further agrees to insure its Iiabilities, which may arise from its activities hereunder by the purchase of:
(a) Workers' Compensation with statutory limits, in accordance with the laws of the State of California and Employer's Liability with limits of not less than $1,000,000 each accident, disease/each employee, and disease/policy limit. Permittee shall require its insurer to waive all rights of subrogation against SCE, its officers, agents and employees, except for any liabffity resulting from the willful or grossly negligent acts of SCE.
(b) Commercial General Liability insurance, including contractual liability and products liability, with limits not less than $1,000,000 per occurrence, Such insurance shall: (i) name SCE, its officers, agents and employees as additional insureds, but only for Permittee's acts or 6rnissions; (ii) be primary for all purposes (iii) contain separation of insureds or cross-liability dause, and (iv) require its insurer to 'waive all rights of subrogation against SCE, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of SCE. (c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Premises.
Permittee shall provide SCE with proof of such insurance by submission of certificates of insurance at Ieast ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to instuaance renewal. Such insurance shall not be canceled nor allowed to expire, nor be materially reduced, without thirty days prior written notice to SCE, ten days for non-payment of premium. The required ins'irance policies shall be maintained with insurers reasonably satisfactory to SCE, and shall be primary and non-contributory with any insurance or self-insurance maintained by SCE.
Self-Insurance: Permittee may self-insure all of the insurance requirements above if they belong to an approved Secondary Use Category and the self-insurance is maintained under a self-insurance program reasonably satisfactory to 8CE. Access use is an approved Secondary Use Category; Permittee may submit written verification of self-insurance to meet the above insurance requirements.
WARRANTY: It is expressly understood and agreed that Permittee talces the Premises as is, and that SCE makes no representation, covenant, warranty or promise that the said Premises are fit for any particular use for which this Permit was entered, into and Permttee has not relied on any such representation, covenant, warranty or promise.
FEE: One Thousand Thirty-Three Dollars and 28/ 100 ($1033.28) ASSIGNMENT: This permit is for the sole use and privilege of Permittee and cannot be assigned or transferred. Any at.empt to do so may render tbis pemit voidable at SCE's discretion. 101
Temporary Entry Permit ACCt. N0. 9.8231 Page 2
TtiRMINATION: This permit is revocable immediately at the sole option and discretion of SCE, and the Permittee agrees to peaceabIy surrender the Premises upori written or oral demand by SCE or its authorized representative.
AUTHORITY: Tl'ffls permit is issued subject to General Order No. 69-C of the Public Utilities Commission of tlie State of California dated and effective July 10, 1985, incorporated herein by this reference.
Permittee agrees to comply with all applicable federal, state, and local laws, permitting, and regulations. :[NTENffONALLY LEFT BLAJF)K
gt7102
Temporaiy Entry Permit Acct. No. 9.8231 Page 3
RESTRNCTION8:
1. Permittee agrees (a) that any equipment used on or adjacent to the Premises (provided said equipment has been approved hereunder) shall be used so as to maintain a minimum cleararice of thirty (30) feet from overhead electrical conductors, (b) to maintain the following structure clearances: fifty (50) feet from towers and steel poles, one hundred (100) feet from dead-end towers/poles, twenty-five (25) feet from wood poles and light weight steel poles, and ten (10) feet from anchors/guy wires/guy poles, (c) that no trees are permitted under the overhead electrical conductors or within twenty (20) feet of the "drip line" of the conductors and any tree on the Premises must be maintained to not exceed 15 feet in height.
2. Permittee shall provide SCE with adequate access to all of SCE's facilities and at no time is there to be any interference with the free movement of SCE's equipment and materials. Permittee understands that at any time, SCE may access the Premises to inspect, operate, maintain, replace, gnd wash its facilities.
3. Permittee may be required to provide and maintain access roads on the Premises, with a minimum usable width of sixteen (16) feet and a curve radius of not less than fifty (50) feet.
4. Perrnittee will not repair or refuel, or permit to be repaired or refueled, any vehicles or mechanized equipment within the Premises. Permittee further agrees not to park or store any motor vehicles nor to allow the parking or storage of any motor vehicles directly underneath or within ten (10) feet of the "drip line" of any overhead electrical conductors.
5. Permittee agrees to close and lock all gates at end of workday and during nonuse of the Premises, any time leaving the Premises unattended, and at any time where the access gate is orit of sight, Additional requirements for securing the Premises may be required by SCE, at the Permittees sole cost and expense.
6. SCE may require Permittee to implement certain safety measures or mitigations as a condition to this Permit, at the sole cost and expense of the Permittee, including but not limited to, providing onsite security, k-rails, and adhering to grounding standards designed by a licensed electrical engineer and installed by a licensed general contractor.
7. Permittee agrees to maintain the Premises in a condition satisfactory to SCE, at the sole cost and . expense of the Permittee, inauding but not limited to, keeping the Premises clean, free from weeds, brush, rubbish, and debris, and repair of any fence or gate damaged during the term of this Permit following the fencing standards approved by SCE.
8. No buildings, structures, or accumulation of flamt'nable or combustible materials or explosives shall be permitted on the Premises. No storage of gasoline, diesel, propane, or any other type of fuel will be permitted on the Premises.
9, Upon termiriation of this permit the Permittee agrees to restore the Premises to a condition in which it existed prior to Permittee's use of the Premises in a manner satisfactory to SCE. 10, Per.inittee shall not engage in, or permit any other party to engage in, any activity on the Premises that violates any federal, state or local laws, rules or regulations pertaining to hazardous, toxic or ainfectious materials and/or waste ("Hazardous Materials"), including but not limited to, the importing of foreign soils, crushed asphalt and other oil products. Permittee shall comply with all app:licable federal, state, and local laws, rules, and regulations pertaining to disclosure of Hazardous Materials. Permittee shall comply with all applicable federal, state, or local Iaws, rules, and regulations pertaining to the storage and/or discharge of Hazardous Materials. Permittee shalI indemnify and hold SCE, its directors, officers, agents and employees and its successors and assigns harmless from any and a[l claims, loss, damage, actions, causes of actions, expenses and/or liabflity arising from leaks of, spills of, releases of, and/or contamination by or from Hazardous Materials as defined by applicable laws, rules or regulations, which arise during or after the Permit term, and are attributable to the actions of, or failure to act by, Permittee or any person claiming under Permittee.
lLThere are numerous sources of power frequency electric and magnetic field ("EMF"i including household or building wiring, electrical appIiances and eIectric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF.
Interest i+'i a potential link between long-term exposures to EMF and certain diseases is based on the combination of this scientific research and public concerns.
While some 30 years of research have not yet established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about specific diseases have been successfully resolved due to an aggressive international 103
Temporaiy Entiy Permit Acct. No. 9.8231 Page 4
research program. However, potentially ix'nportant health questions remain about whether there is a linlc between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific resear(,h is continuing on a wide raxtge of questions relating to exposures at botl'i work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected.
Since Permittee plans to use or otherwise.enter SCE's property that is in close proximity to SCE's electric facilities, 8CE wants to share with Permittee and those who may enter the Premises under this Permit, the information available about EMF. Accordingly, SCE has attached to this document a brochure that explains some basic facts about EMF and that describes SCE's policy on EMF, SCE also encourages Permittee to obtain other information as needed to assist in understanding the EMF issues with respect to the planned use of the Premises.
12. Permitte@, their contractors, and employees rm.ist have in their possession at all times a copy of this SPECIAL CONDITION(8)
The Permittee /s aware of the Covid-19 pandemic and related governmental orders, directives and guidelines (collectively "directives"), including directives for frequent hand washing, social distancing and use of face masks in public locations.
The Permittee is aware that its activities on Southern California Edison Company (SCE) fee owned property are occurring in a public location during the Covid-19 pandernic where the Permittee along with any of its invitees (including patrons or users ofservices offered by the Permittee) may be exposed to Covid-19 despite social distancing and other measures being taken.
Permittee has been formally advised of the risks associated with Covid-19 infection which have resulted in hospjtalizations, physicril injuries, and death.
Therefore, Permittee confirms thatitis voluntarily utilizingSCE fee owned property with knowledge of the dangers involved and agrees to assume any and all risks of bodily injury or death mtrjbutable to Covid-19 infection arising out of Permfttee's activities on the property.
104
Temporary Entry Pernnit ACct. No. 9.8231 Page 5
SIGNATURE AUTHORITY: Each of the persons executing this Permit warrants and represents that he or she has the Aill and complete authority to enter into this Permit on behalf of the Party for which he or she is signing, and to bind said Party to the permits, agreements, covenants and terms contained herein.
I have read and understand and agree to
comply with all of the above conditions.
CITY OF SOUTH GATE
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
(323) 563-9576
Permittee §qnature ) /l
Date:
12/13/2022
lti I ill!i(l l l % I'l l! X 17 l{l S I I Uuiii1i:ui > DocuSlgned by:
80C6FOFEB8FD4D1
FRANK ORTIZ
Real Estate Specialist
Vegetation &, Land Management
2 Innovation Way, 2" Floor
Pomona, CA 91768
Date:
12/13/2022
YODIT G RK
(SEAL)
APPROVED FORM:
F. SALINAS, CITY ATI'ORNEY
Form SCE 22-20 Rev. 1 /23 / 18 ,
(Prior Rev. 9/26/16; 7/ 13/ 15; 9/21 / 12; 2/23/07) DF 10/07 /2022
105
,) )uatutpg))y 106
Cil of South Gate Item No. 7
CITY COUNCIL
AeENDA BULL
For the Regular Meeting of: September 24, 2024
Originating Department:
Darren Arakawa Rob Houston
SUBJECT: VEHICLE TOWING AND STORAGE FRANCHISE AGREEMENT PURPOSE: To approve an Agreement with Mr. C's Towing of South Gate, Inc., for vehicle towing and storage services.
RECOMMENDED ACTIONS: The City Council will consider:
a. ApprovinganAgreementwithMr.C'sTowingofSouthGate,Inc.("Mr.C's"),fortowandstorage services for a five-year teri'n, with a City option for two, one-year extensions; and b, Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact associated with this agreemenfs approval. The City of South Gate ("City") will continue to work witli Mr. C's under the current framework, where towing services generate revenue through fees assessed directly to the vehicle owners. This structure minimizes financial risk to the City and ensures that the service users appropriately bear costs.
ANALYSIS: OnDecember23,2012,theCityenteredintoanAgreement(ContractNo.3396)fortowing and storage services with Mr. C's. This five-year contract was extended for a term of two years on November 28, 2017, to be made effective December 23, 2017, through and including December 31, 2019.
On August 27, 2019, the City agreed to extend the agreement's terms an additional (5 years), through and including December 31, 2024, when this current agreement, Contract No. 3396, is set to expire.
In anticipation of the expiration Contract No 3396, a Request for Proposal for Tow and Storage Services ("RFP") was published on July 15, 2024, with a proposal submission deadline of August 15, 2024.
Electronic copies of the RFP were posted on the City's website, and the notice inviting bids was published on the City's webpage. At the close date, there was only one (1) bid submitted to the City Clerk on or before the published deadline, which was the current contractor, Mr. C's.
An ad hoc committee ("Corni'nittee") consisting of Sgt. Thoreson, Sgt. Cancio and Lt. Chavez of the Police Department were formed to review the bids submitted by the bidders, conduct interviews with the bidders, review the site inspection reports, and provide recommendations. On Thursday, August 23, 2024, the Coinmittee met to open and review the proposal received by the City Clerk to ensure the proposals met the baseline (minimum) standards as published in the RFP.
On Friday, August 24, 2024, the Committee conducted an onsite interview and inspection of the primary storage facilities of Mr. C's.
The Cominittee unanimously agreed that Mr. C's has met the needs of the City as a whole based on the following qualitative factors:
l 107
Extensive experience with providing similar services to other local cities Quality of the response to the RFP
Demonstrated a liigli level of community engagement Proven track record with Mr. C's as the current Towing Services Provider BACKGROUND: The City requires towing and storage services in connection with vehicles that are deterinined to be a public nuisance pursuant to Section 6.54.010 (Authorization), of Chapter 6.54 (Abatement and Removal of Vehicles), of Title 6 (Health and Sanitation), of the South Gate Municipal Code. Towing and storage services are also necessary whenever the South Gate Police Department deteri'nines a vehicle to be in violation of state and local laws related to parking, traffic, and law enforcement, including Section 8.02.010 (Purpose), Chapter 8.02 (General Provisions) ofTitle 8 (Traffic), of the Municipal Code.
The City depends on a responsible tow company willing to provide qualified tow and storage services.
Based on the Committee's assessment, Mr. C's has demonstrated managerial and operating personnel and facilities and equipment necessary to provide tlie required vehicle towing and storage services under the terms and conditions required by the Agreement. Mr. C's has consistently provided professional tow and storage services to the City for 22 years and has demonstrated a commitment civic events, City programs, and projects that contribute to an increased quality of life for this coinrnunity.
ATTACHMENTS: A. Proposed Contract
B. Mr. C's Towing Inc. RFP Proposal
C. SGPD Recommendation Staff Report
108
Attachment A
CITY OF SOUTH GATE
TOWING AND STORAGE FRANCHISE AGREEMENT
This Towing and Storage FranchiseAgreement ("Agreement") is made and entered into as of September 24, 2024, by and between the City of South Gate, a municipal corporation ("City"), and Mr. C's Towing of South Gate, Inc., a Califoiia Corporation ("Contractor")
RECITALS
This Agreement is made with reference to the following facts:
A. The City requires, from time to time, towing and storage services in connection with vehicles whicli have been detennined to be a public nuisance pursuant to Title 6 of the South Gate Municipal Code, or which are in violation of statutes and ordinances relating to parking, traffic, and law enforcement, including witliout limitation, Title 8 of the South Gate Municipal Code. Those services shall include, but will not be limited to, responding to locations of police emergency situations when requested for the purpose of removing vehicles that are apparently abandoned or involved ir+ an accident; or which constitute an obstruction of traffic because of'. (1) mechanical failure; (2) vehicles determined to be public nuisances or in violation of statutes and ordinances relating to parking, traffic, and law enforcement; (3) accident or roadway clean up; or (4) tow services for City-owned vehicles at no cost to the City (hereina'fter collectively referred to as the "Services").
B. Contractor represents that it has the managerial and operating personnel, facilities, and equipment necessary to provide the required Services to the City on the terms and conditions hereinafter set forth.
C. In 2024, the City issued and implemented a request for qualifications for the Services ("RFQ"). Contractor submitted a responsive statement of qualifications, and the City selected Contractor as a provider of the Services coinmencing January 1, 2025. The 2025 agreement provided for a ten'n of five (5) years and allowed an option at the City's discretion for two (2) one (1) year extensions thereof.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained, the parties agree as follows:
1. PARTIES, TERM AND SCOPE OF SERVICES
Section 101. Parties to the Agreement.
The parties to this Agreemei'it are:
A. TheCityofSouthGate,amunicipalcorporation,havingitsprincipalofficeat8650 CaliforniaAvenue, South Gate, California 90280-3075.
B. Mr.C'sTowingofSouthGate,Inc.,aCaliforniaCorporation,at4421MasonStreet, South Gate, California 90280-3075.
1 109
Section 102. Representatives of the Parties and Service of Notices.
Tlie representatives of the respective parties who are authorized to administer this Agreement, and to whom fori'nal notices, demands, and communications shall be given, are as follows:
A, The representative of the City shall be:
Chief of Police
CITY OF SOUTH GATE
8620 Califoniia Avenue
South Gate, California 90280
With a copy to:
City Manager
City Clerk
CITY OF SOUTH GATE
8650 CaliforniaAvenue
South Gate, California 90280
B. The representative of Contractor shall be:
Jerry Brown, General Manager
Mr. C's Towing of South Gate, Inc., a California Corporation 4421 Mason Street
South Gate, California 90280
C. Fon'nal notices, demands, and corni'nunication to be given hereunder by either party shall be made in writing and may be by personal delivery or by first class U.S. mail, postage prepaid.
D. If the name of the representative designated to receive the notices, demands, or corni'nunications for the parties or the address to which notice shall be given is changed, written notice of such change shall be given to the other party within (10) calendar days of said change.
Section 103. Term of Franchise Agreement
A. Contractor acknowledges and confirms that the City may, in its sole discretion, enter into agreements witli other providers of the Services that are the subject of this Agreement.
In that regard, nothing contained in this Agreement shall be deemed, construed, or interpreted to give Contractor an express or implied exclusive right to provide the Services to the City, whether of the same or substantially similar type or nature of Services or otherwise.
B. The terin of this Agreement shall be for five (5) years, cornmencing on January 1, 2025, through and including December 31, 2029, and allow an option at the City's discretion for two (2) one (1) year extensions thereof.
2 110
C. Perfon'nance under this Agreement shall not coinmence until Contractor lias obtained the City's written approval of the insurance required in Section 401.
D. If Contractor does not have a tow yard witliin the City's boundaries, Contractor shall use best efforts to locate and open a tow yard witliin six (6) months from the commencement of the Agreement.
Section 104. Termination for Convenience
A. The City may, at its sole option and discretion, teri'ninate this Agreement for con'venience by giving Contractor thirty (30) days' written notice thereof in accordance with Section 102. C herein. The contractor agrees and acknowledges that it shall continue to provide the Services to the City during the thirty (30) day notice period described in this Section 104. A.
Section 105. Termination for Cause
This Agreement may be terminated for cause by either party upon the occurrence of any of the following:
A. Failure to Perform or Material Breach. There shall be a substantial failure to perform or material breach of the Agreement by the other party with respect to one or more of its obligations hereunder, which failure to perform or material breach shall not have been cured within ten (10) calendar days after written notice specifying the nature of such failure to perfori'n or material breach.
B. Bankruptcy. Should either party here file a voluntary petition in bankruptcy, or be declared insolvent, or execute an assigni'nent for the benefit of creditors, or should an involuntai'y petition in bankruptcy be filed, or should a receiver or trustee be appointed by any court or government agency to administer the affairs and assets of such party, then and in that event, the other party hereto may, at its option, terminate this Agreement by giving the first party, or its legal representative, written notice of its election to so tei'minate, effective iminediately on the date of such notice, or any date thereafter selected by the party electing to terminate.
C. Dissolution. Upon the dissolution of either party, this Agreement shall automatically terminate.
Section 106. Termination for Acts of Moral Turpitude A. This Agreement may be immediately terminated by the City at its sole option in the event that the City acquires information or knowledge which causes the City to have a reasonable belief that Contractor has: (1) committed a crime of moral turpitude including but not limited to embezzlement, fraud or corni'nission of any other felony, or a misdemeanor involving acts of dishonesty, or (2) engaged in actions or conduct that has caused adverse effects on the reputation of the City, and/or tl'ie City's relationships with its citizens or members of the general public.
B. The City shall give Contractor notice of termination of the Agreement in accordance 3 111
witli Section 102. C herein. Teri'nination of this Agreement under Section 106 hereof sliall be effective as of the date of service of the Notice of Termination as set fortli in Section 102. C.
Section 107. Scope of Services
A. City liereby engages Contractor, and Contractor accepts such engagement, as a provider of the Services for those vehicles which are generally described in Paragraph A. of the Recitals of this Agreement. Contractor shall perfon'n the Services in a prompt, efficient, and orderly manner following notification by the City's representative, as designated in Section 102.
A, above, or by any otlier authorized officer or employee of the City.
B. Contractor shall provide the Services for all vehicles registered to the City, within a fifty (50) miles radius of the City limits, at no charge to the City. The Services shall be provided by Contractor at all times (24/7/365), including weekends and holidays. The Services shall include, but are not limited to, tire changes, battei'y jump starts, and towing of inoperable vehicles.
C. For tlie first fifteen (15) days of an evidentiary liold of a vehicle which belongs to a victim of a crime, Contractor shall not charge any storage fees for this period of time.
D. Contractor acknowledges there are some situations when City/Police must go outside the City limits to make arrest(s) or for investigative purposes. Contractor agrees to respond to all City/Police requests within the City and outside City limits.
E. If requested, Contractor shall grant periodic requests to utilize its facilities for City/Police Training Units.
11. DUTIES AND POWERS OF THE CITY
Section 201. Chief of Police
The Chief of Police or his designee shall be responsible for the administration of this Agreement. The Chief of Police or his designee is authorized to issue to Contractor directives concerning policies and procedures to be implemented in connection with the towing and storage of vehicles. All policies and procedures shall not be in conflict with any policy or procedure specified in this Agreement and must apply equally to all City tow and storage Contractors. In the event of a dispute between the parties as to the nature and extent of the services to be performed hereunder, or the level and manner of performance, the dispute shall be referred to the Chief of Police or his designee, and then; if unresolved, to the City Manager or his designee. The City Manager or his designee may refer the matter for an administrative hearing if any party to the dispute so requests.
III. DUTIES AND POWERS OF CONTRACTOR
Section 301. Independent Contractor Status
The parties agree that the performance of Contractor's Services hereunder shall be in the capacity of an independent contractor and tliat no officers, agents, employees, or subcontractors 4 112
of Contractor have been, are, or shall be employees of the City by virtue of this Agreement.
Contractor shall so infornn each individual or entity which is hired, retained or engaged to perfori'n any services under this Agreement.
Section 302. Rates, Fees and Charges
A. Franchise Fee. Contractor shall agree to pay an ai'inual Franchise Fee in the amount of $10,000.00 peryear for atotal of $50,000.00 during the course of the 5-year term ofAgreement.
Payable as follows: $10,000.00 upon the execution of tliis Agreement, on or before January 1, 2025. If that day falls on a holiday, payment will be due on the next business day.
1. Corni'nencing in year 2 of the Agreement and continuing through the teri'n of the Agreement, Contractor shall pay to tlie City the annual $10,000 fee shall be paid in monthly increments of $833.33 and sliall be due on the 10th day of each month. 2, In addition, Contractor shall pay to the City, on a monthly basis, an amount equal to fifteen percent (15%) of Contractor's gross income for all towing and storage services as a monthly Franchise Fee. Said Franchise Fee shall be paid no later than the 10th calendar day of each month for the gross income collected in the month immediately preceding.
3. Contractor shall keep accurate records of all Gross Receipts as a result of business conducted under the Agreement. Such records shall be available for audit by the City or an outside auditing firin contracted by the City. Failure to provide all Gross Receipts within 20 business days shall constitute cause for tennination of the Agreement. All records shall be maintained for a minimum of 5 years.
B. Administration Fee. Contractor agrees to pay the City Forty-five dollars ($45.00) for every vehicle hooked up to a tow vehicle within the City, which requires the submission of a CHP 180 fon'n, whether by request of the City Police or a private party; or for any private property Impound within the City of South Gate. This said fee will be passed on to the vehicle owner and then sent to the City by the 10th calendar day of each month. Contractor must pay said fee regardless of whether payment is received from the vehicle owner.
C. Late Payment Charges. Franchise Fees and Administrative Fees as described herein (the "Fees") shall be deemed timely paid only if delivered or postmarked on or before the due date. If the Fees are not timely paid by the thirtieth (30) calendar day following the month in which the Fees were generated by the Contractor, Contractor shall be subject to Termination for Cause under this Agreement and/or to any otlier charges which may be established and assessed by the City, including, but without limitation, a late payment charge equal to one and one-half percent (1.5%) per month of the unpaid balance of Fees due and owing for each month, or portion thereof, that the Fees remain unpaid. Failure to tender the unpaid balance within ten (10) calendar days of receiving written notice that any outstanding balances is past due may, in the sole discretion of the City, result in the irnrnediate ten'nination of the Contract. 5 1 113
D. No City Liability. City sliall have no responsibility or liability to Contractor for payment of any costs, cliarges, or expenses incurred by Contractor for towing or storing any veliicles pursuant to the tenns of this Agreement. Contractor shall have the riglit to salvage vehicles pursuant to this Agreement, subject to compliance with all applicable statutes and regulations.
E. Fee Limits and Posting. The rates, fees, and charges imposed by Contractor for towing or storing any vehicles pursuant to the teri'ns of this Agreement shall be as follows:
SGPD TOW FEE S240.00 Under I Ton, Over I Ton & Over 20' SGPD STORAGE FEE S75.00 Under I Ton, Over I Ton & Over 20' SGPD HEAVY TOW FEE !9300.00 Over I Ton & Over 41'
SGPD HEAVY STORAGE FEE S90.00 HD vehicles, whether inside or outside SGPD ADMINISTRATION FEE S45.00 City of South Gate
All standard service calls such as, but not limited to, tire change, dollying, winching, loading and unloading, clean-up, lock-out service, and/or fuel delivery service shall be subject to a Forty-Five Dollars ($45.00) perhour service fee. In addition, theAfter Hour gate fee (after 7:00 p.m. Monday through Sunday) shall be charged in the amount of Eighty-five Dollars ($85.00) per vehicle release.
Said rates, fees, and charges shall apply equally to any additional towing and storage Contractors with whom tlie City enters into a contract with to provide Services in the future. In addition, such rates, fees, and charges shall be subject to review and modification on the first day of each calendar year by the Chief of Police or his designee. Such rates, fees, and charges shall be posted in a conspicuous location at Contractor's place of business and may be collected by Contractor from a vehicle owner orproperty owner at the time he or she receives service or desires to affect tlie release of the vehicle from Contractor's storage facilities.
F. Resolution of Disputes. Should there be any dispute between Contractor and a vehicle owner orproperty owner over rates, fees, and charges imposed for services rendered under this Agreement, such dispute shall be decided by the Chief of Police or his designee, and Contractor shall make no demands upon the vehicle owner or property owner for a sum in excess of the amount determined to be reasonable by the Chief of Police or his designee. The Chief of Police or his designee may refer the matter for an administrative hearing if any party to the dispute so requests.
Section 303. Regulations
Contractor shall comply with all state statutes and local ordinances, shall make all reports required by the Vehicle Code of the State of California, and shall follow all reasonable rules and regulations which the Chief of Police of the City or his designee may from time to time prescribe governing the conduct of Contractor's operations under this Agreement. Said rules and regulations shall be in writing and apply equally to all City towing and storage Contractors. The "Rules and Regulations" applicable upon the effective date of this Agreement are attached hereto as Exhibit A and incorporated herein by this reference.
6 114
FAILURE OF CONTRACTOR TO COMPLY WITH THE RULES AND
REGULATIONS SHALL CONSTITUTE CAUSE FOR TERMINATION OF THIS FRANCHISE AGREEMENT.
Section 304. Record Keeping and Reporting
Contractor shall keep records on all vehicles handled by Contractor pursuant to this Agreement as set out in Article VI B of Attachment A. Reports containing said records shall be submitted for each month no later than the 15th day of the following month. Said reports shall be submitted to the Chief of Police or his designee in writing and on an external computer drive or sent by e-mail using a spreadslieet program acceptable to the Chief of Police or his designee. The Chief of Police or his designee may conduct periodic audits of Contractor's records. Should there be any dispute between Contractor and the City relating to the records and fees paid, such dispute shall be referred to the Chief ofPolice orhis designee, and then, ifunresolved, to the City Manager or his designee. The City Manager or his designee may refer the matter for an administrative hearing if either party to the dispute so requests.
IV. GENERAL TERMS AND CONDITIONS
Section 401. Insurance
A. Liability Insurance. Contractor shall obtain and maintain in force at all times during the term of this Agreement, the following insurance coverage:
1. Garage liability insurance with minimum limits of liability of One Million Dollars ($1,000,000) combined single limit coverage against any injury, death, loss, or damage due to any wrongful or negligent acts or omissions by Contractor, subcontractor, and/or his employees.
2. Automobile liability insurance covering all vehicles used by Contractor to fulfill this Agreement, with minimum limits of liability of One Million Dollars ($1,000,000) combined single limit coverage against any injury, death, loss, or damage due to wrongful or negligent acts or omissions by Contractor and/or his employee and/or subcontractors
3. "On-Hook" liability insurance with minimum limits of Twenty-Five Thousand Dollars ($25,000).
4. Garage keeper's liability insurance with minimum limits of Two Hundred Thousand Dollars ($200,000) combined single limit coverage.
All insurance required hereunder shall be issued by a company rated "A" or better in Best's Kay Rating Guide and authorized to transact business in the State of California as an admitted surety insurer.
7 115
B. Certificate of Insurance. Contractor shall not commence perfori'nance under this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the City. Contractor shall furnish to tl'ie City certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor's coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. Said certificates shall name as additional insureds the City and its officers, employees, and agents and shall specify or be endorsed to provide that thirty (30) days notice must be given of any pending change in the limits of liability or of any cancellation or modification of the policy. Said certificates shall 'further provide that the insurance afforded thereby to the City and its officers, agents, and employees shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers, agents, and employees, have other insurance against a loss covered by such a policy, sucli other insurance shall be excess insurance only.
C. Workers' Compensation & Employer's Liability Insurance. Throughout the teri'n of this Agreement, Contractor shall obtain and maintain Workers' Compensation and employer's liability insurance. The minimum limits for the Workers' Compensation shall be governed by California statute, and the minimum limits for the employer's liability insurance shall be One Million Dollars ($1,000,000).
D. Failure to Provide Insurance. Notwithstanding Section 104, the City may, without prior notice, iini'nediately suspend or terminate this Agreement if, at any time, the Contractor fails to provide or maintain the insurance required hereunder.
E. Increase in Coverage. Nothing contained in this section shall be deemed to preclude the City, after consultation with other law enforcement agencies, from requiring Contractor to increase the amounts of insurance coverage specified herein or to obtain and maintain other types of insurance coverage, in order to protect the interests of the City and its vehicle owners and operators. Contractor shall comply with such new or additional requirements within a reasonable time after receipt of City's written request.
Section 402. Indemnification
Contractor shall undertake and agree to defend, indemnify, and hold hannless the City, its elective and appointed boards, officers, agents, assigns, and successors in interest from and against all suits, and causes of action, claims, losses, demands, and expenses, including but not limited to, attorneys' fees and costs of litigation and investigation in order to defend against any damage or liability of any nature whatsoever; for death or injury to any person, including Contractor's employees and agents, or damage or destruction of any property of either party hereto or of any third party, arising in any manner by reason of, or in incident to, the performance of service under this Agreement on the part of Contractor, or Contractor's officers, agents; servants, employees or subcontractors.
Section 403. Non-Discrimination
A. In the performance of this Agreement, Contractor shall not discriminate against any 8 )O116
member of the public, employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, handicap, or age. Contractor will take affin'native action to ensure that members of the public are served, subcontractors and applicants are employed, and tliat employees are treated during employment witliout regard to their race, color, religion, ancestry, sex, national origin, handicap, or age.
B. The provisions of Section 403. A, above, shall be included in all solicitations or advertisements placed by or on behalf of Contractor for persoru'iel to perfon'n any services under this Agreement. City shall have access to all documents, data, and records of Contractor and its subcontractors for purposes of determining compliance with the fair employment and non- discrimination provisions of this Section.
Section 404. Permits and Licenses
Contractor shall obtain and maintain during the ten'n of this Agreement all necessary licenses, pen'nits, and certificates required by law for the conduct of Contractor's activities and for the provision of services hereunder, including a business license issued by the City.
Section 405. Conflict of Interest
Tlie parties agree that, to their knowledge, no member of the City Council, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in other business of Contractor, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party, even if such interest would not be considered a conflict of interest under applicable laws. Contractor covenants that it has, at the time of execution of this Agreement, no interest, and that it shall not acquire any interest in the future, direct or indirect, which would conflict in any maru'ier with that perfonnance of services required hereunder. Contractor further covenants that, in the perforinance of the services hereunder, no person having any such interest shall be engaged or employed.
Section 406. Resolution of Disputes
A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. Thereafter, any dispute or controversy arising under this Agreement, including a dispute regarding the amount of fees, shall be determined and settled by binding arbitration in Los Angeles County under the rules ofthe Judicial Arbitration and Mediation Services (JAMS). Judgment on the award may be entered by any Court having competent jurisdiction.
B. Disputes regarding the precipitating cause for any removal, seizure, or impound of a vehicle directed by the Police Department shall, to the extent feasible, be resolved by the Police Department Station Coinrnander pursuant to Division 11, Chapter 10 of the Vehicle Code commencing with Section 22650 thereo'f', provided, however, that this 9 117
procedure shall not apply to removal of vehicles pursuant to Sections 22660 through 2668, inclusive, and Sections 22655, 22658, or22710 oftl'ieVehicle Code. Unresolved disputes shall be referred to the attention of the Police Department Traffic Supervisor by the aggrieved party within ten (10) days a'fter the disputed removal, seizure, or impound. A hearing shall be conducted by the City's Police Traffic Supervisor in accordance with the hearing rules established by the Police Department. Contractor shall abide by the decision rendered.
C. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 407. Amendments
This Agreement supersedes all prior proposals, agreements and understandings between the parties and may not be modified or ten'ninated orally, and no modification, termination, or attempted waiver of any of the provisions hereof shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
Section 408. Governing Law
This Agreement shall be governed by the laws of the State of California.
Section 409. Enforceability
In case any one or more of the provisions or parts of a provision contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision or part of a provision of this Agreement or the validity or enforceability of such provision or portion thereof in any other jurisdiction; rather, this Agreement shall be reformed and deemed to be and construed in any such jurisdiction as if such invalid or illegal or unenforceable provision or part of a provision had never been contained herein or therein, and such provision or part shall be refoimed so that it would be valid, legal and enforceable to the maximum extent pen'nitted, in such jurisdiction.
[The remainder of this page left blank intentionally] 10 IY 118
NOW, THEREFORE, THE PARTIES AGREE TO EACH OF THE TERMS SET FORTH ABOVE.
CITY OF SOUTH GATE:
BY:
Gil Hurtado, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
Raul F. Salinas, CityAttorney
MR. C's TOWING OF SOUTH
GATE, INC.:
BY:
Jerry Brown, General Manager
Dated:
11 119
EXHIBIT A
RULES AND REGULATIONS
The Rules and Regulations set fortli below shall govern the conduct of Contractor's operations under tlie TOWING AND STORAGE FRANCHISE AGREEMENT ("Agreement") by and between the CITY OF SOUTH GATE, a municipal corporation ("City"), and Mr. C's Towing of South Gate, Inc., a Califori'iia Corporation.
1. AVAILABILITY OF SERVICES
A. Towing services sliall be available 24 hours a day, 7 days a week, 365 days a year.
B. Vehicles must be available for release from impound and storage 24 hours a day, 7 days a week, 365 days a year. Contractor must clearly mark its storage facility with a telephone number to call if release is requested after normal working hours.
C. Contractor shall respond to the location requested by the City within fifteen (15) minutes of receipt of a call from the City, as to Light Duty tows. As to Medium and Heavy-Duty tows (due to the oversized nature of the response units), Contractor shall respond to the location requested by the City within thirty (30) minutes of receipt of a call from the City. If Contractor is not able to respond within the aforementioned response time, it shall notify the City immediately advising the City of the expected time of arrival (ETA). If the ETA is unacceptable to the City, the City reserves the riglit to contact an alternate towing Contractor to provide the service.
D. Contractor shall have at least tl'iree (3) tow trucks available for service required by the City under this Agreement 24 hours a day, 7 days a week, 365 days a year.
E. Contractor may be requested periodically to provide deployi'nent of additional trucks for special events such as DUI checkpoints, street fairs, and/or parades. Contractor shall have the capability, with or without the use of subcontractors, to provide tow service for two hundred (200) vehicles in a five (5) hourperiod for said special events.
Such events will be coordinated with Contractor at least 24 hours in advance.
F. Contractor shall provide all roadside assistance, including, but not limited to, unlimited towing, lockout, roadside cleanup, and jump services for all City-owned vehicles within a 50-mile radius of the City limits, at no additional cost to the City.
11. IMPOUNDED VEHICLES
A. All impounded vehicles shall be stored in a building or in an area that is secure and enclosed by walls or fencing that is approved by the City. Contractor will maintain a secured facility or facilities equipped with 24-hour closed-circuit television surveillance, attendants on duty 24 hours a day, or another City approved means of security, as approved by the Chief of Police or his designee.
B. The entire storage facility, including but not limited to public access areas, must be illuminated to such a degree that clear visual observation of the facility may be made during the hours of darkness.
C. The storage facilities must be capable of holding a minimum of seventy-five (75) cars, witli sufficient room to provide reasonable accessibility and to prevent damage. 12 4584565.2
120
D, Contractor shall not perforin any work or services upon any impounded vehicle without first obtaining the owner's written consent to such work or services.
E. No contract or purchase order for repairs on an impounded veliicle shall be solicited or received by Contractor from an owner until the vehicle has been released by the Chief of Police or his designee.
F. Contractor shall safeguard all vehicles and otlier property placed in its possession pursuant to the Agreement. The indeinnification set foith in section 402 shall be applicable to all claims or demands attributable to or arising out of Contractors possession, control, and handling of such vehicles and property. a, Tlie storage facility shall have one separate enclosed garage capable of holding a minimum of five (5) vehicles for vehicles that have been ordered impounded by the Police Department as a result of being involved in the coi'm'nission of a crime or as evidence, Said enclosed garage shall be lockable, and the Police Department may have possession of the key to the garage. Vehicles stored in said garage shall not be removed from protective storage until released by the Chief of Police or his designee.
H. With the exception of private impounds, Contractor shall not remove any vehicle from the storage facilities without authorization from the Chief of Police or his designee.
Ill. RELEASE OF IMPOtTNDED VEHICLE
A. Contractor shall release impounded vehicles only upon presentation of an official Police Department Release signed by an authorized officer of the City's Police Department.
B. Contractor shall ensure that personnel are available at all times of the day or night to release any vehicle impounded or stored on the premises.
C. Contractor shall advise the Records Bureau of tlie Police Department of all vehicles impounded by the Police Department and not released after thirty (30) days.
Contractor shall identify such vel'iicles by year, make, model, color, license and vehicle identification number and shall comply with Section 10652 of the Vehicle Code by notifying the California Highway Patrol, Sacramento, California, by receipted mail.
D. If Contractor fails to give the notice referred to in Section 10652 of the Vehicle Code, the indemnification provisions of Section 402 of the Agreement shall apply to all claims, demands, or suits against the City attributable to or arising out of such failure.
E. Contractor will, at the request of the Chief of Police or his designee, release any vehicle from storage and/or impound at no cost to the registered owner or the City.
IV. CONTRACTOR'S TOW TRUCKS
A, Each tow truck shall be supplied with such forms as may be specified by the Chief of Police or his designee for the purpose of taking a complete inventory of the contents of any vehicle that is to be removed from the street or from public or private property when the vehicle 13 4584565.2
121
owner is not present. The operator of each tow truck shall complete the specified fonns in accordance with instructions from the Chief of Police or his designee.
Contractor shall liave available a minimum of three (3) standard tow trucks of one ton rating or greater with dual rear wheels and one flatbed tow vehicle for service provided under this Agreement to the City. In addition, Paragraph 1, Section D of tl'iis Agreement provides for the availability of at least 3 tow trucks at all times.
Contractor shall either have, or have access through a subcontractor, special towing equipment whicli is required to handle unique vehicles, such as classic or luxury automobiles, and specialized types of vehicles, such as motor homes, motorcycles, and forklifl:s.
D. Contractor shall either have or have access through a subcontractor to a tow veliicle capable of towing large trucks.
Contractor shall not employ conveited piclcup trucks or other vehicles not specifically designed by the manufacturer for towing other vehicles.
All vehicles used shall containnecessary coinmunications equipment forradio transmissions and reception which comply with all FCC regulations and requirements. City frequencies shall not be used by Contractor, and all of the aforementioned equipment shall be purchased and maintained at Contractor's expense.
G. All vehicles shall be well maintained and neat in appearance and conform with the appearance guidelines set by the City Manager or the Chief of Police or either of their designees.
All tow vehicles shall have a cable winch of sufficient size and capacity to retrieve vehicles that may have gone over embanlanents or off-traveled portions of roadways into inaccessible locations.
All tow vehicles shall also have the capability to tow a boat or other trailered items.
Contractor is expected to possess the standard tools of the trade such as slim jim, dolly, etc.
K, All vehicles shall also confori'n to and be maintained according to the latest edition of the California Highway Patrol procedures
Contractor's tow trucks shall be rated, at a minimum, at one-ton capacity, and each vehicle shall be equipped, operated, and maintained in compliance with Sections 24605, 25253, 25300, 27700, and 27907 of the Vehicle Code.
M. Contractor's tow trucks shall be inspected at least annually, and a copy of the inspection report shall be delivered to the Chief of Police or his designee. All disputes related to inspection reports shall be referred to the Chief of Police or his designee and then, if unresolved, to the City Manager or his designee. The City Manager or his designee may refer the matter for an administrative hearing if any party to the dispute so requesjs. 14 4584565.2
122
N. "Official Police TOW' shall be clearly designated on all of Contractor's tow trucks in a fon'n approved by the Cliief of Police or his designee.
CONTRACTOR'S PERSONNEL
All tow truck driver persoi'uiel must possess the proper State of Califoniia Diiver's License required to operate all vehicles and equipment required to be used in the perfori'nance of the contract.
Prior to engaging the services of any driver, Contractor shall provide to such driver copies of all applicable provisions of the Vehicle Code relating to vehicle towing and storage services and shall ascertain that such driver has read and understands said provisions. In addition, all tow truck driver personnel shall be thoroughly trained in the proper and safe use of all equipment used in doing the necessaiy work.
Contractor's business operations shall be conducted at all times in an orderly, etliical, and courteous manner, and Contractor shall use its best efforts to secure and maintain the confidence of vehicle owners and operators.
D. All tow truck driver personnel shall wear uniforms which bear tlie name of the individual and the towing company in a conspicuous place on the uniform. The forin of the patch shall be approved by the Chief of Police or his designee.
All tow truck driver personnel perfonning services for the City under this Agreement shall be photographed and subject to a fingerprint background check by the South Gate Police Department before commencing any work for the City. This includes present as well as future employees. The Chief of Police or his designee shall have the right to approve or disapprove of any driver who has a criminal record.
All tow truck driver persoru'iel shall be fluent in the English language.
All tow truck driver personnel perfon'ning services for the City under this Agreement shall be subjected to random drug tests twice a year, conducted and paid for by Contractor.
Contractor shall provide the drug test results to the City twice a year. The Chief of Police or his designee will have the right to approve or disapprove of any driver who tests positive for drugs.
VI. MAINTENANCE OF RECORDS
A. Contractor shall maintain a file of all Fon'n CHP 180 as received and transmitted by the Chief of Police or his designee.
B. Contractor shall maintain a bound Logbook of calls received from the Police Department. The Logbook shall record the following:
1 2
3 4
5 6
Time of receipt of call.
Location of call.
License number, make, and model of vehicle.
Date of release.
Person or firm to whom released.
Charges imposed.
15 4584565.2
II 123
C. The Cliief of Police or his designee may inspect Contractor's records upon reasonable notice for the sole putapose of ensuiing compliance with this Agreement. Any iSSues will be forwarded to the City Manager or his designee for resolution. The City Manager or his designee may refer the matter for an administrative liearing if any paity to the dispute so requests.
VII. ROTATING SCHEDULE FOR SERVICE CALL
A. If, and only if, the City enters into an agreement with additional towing and storage Contractor to provide Services (as defined in Recital A of the Agreement), the City may adopt a written rotation schedule under such ten'ns and conditions as determined by the Cliief of Police or his designee and authorized by the City Manager or his designee. The rotation schedule shall be provided to all City towing and storage Contractors B. Each City rotation towing and storage Contractor shall receive police-initiated requests for service assigni'nents on an equal basis. To ensure equal oppoitunity for and use of each Contractor, the services of each will be used on a strict rotation basis, alternating among each Contractor on all police-initiated calls for service in the field, and all checkpoints, street fairs, parades, and other special events, and whenever tow services are otherwise required by the City. The Chief of Police or his designee will monitor the calls for service and use of each Contractor. Any dispute relating to the rotation schedule or the equality of assignments shall be referred to the Chief of Police or his designee, and then, if unresolved, to the City Manager or his designee. The City Manager orhis designee may refer the matter for an administrative hearing, if any, to the dispute so requests.
C. In the event that Contractor receives a service call from City/Police and then such call is cancelled by City/Police, then in that event, Contractor shall be immediately placed into the next call of the rotation schedule.
D. In the event of a service call pursuant to Section 105(b) of the Towing and Storage Franchise Agreement, these types of calls shall not be included in the service rotation schedule. Thus, a contractor responding to this type of service call shall not be penalized by losing a rotation call.
VIII. COMPLIANCEWITHSTATELAW
A. Contractor shall comply with Sections 22523, 22524, 22669, 22670, 22671, and 22850 through 22856 of the Vehicle Code, which relate to the removal, storage, and disposition of abandoned vehicles and liens of garage keepers.
B. Contractor shall keep fully informed of and comply with all City, County, State, and Federal Laws, ordinances, and/or regulations which are applicable to the Contractor and/or those engaged or employed by Contractor in doing the services to be provided by Contractor pursuant to this Agreement, including, but not limited to, the handling of vehicles, lien sales with outstanding parking penalties, owner notifications, removal, storage and disposition of abandoned vehicles, etc.
C. Contractor shall obtain and maintain all pennits and licenses, pay all charges and fees, and give all notices required by City ordinances or other laws relating to the performance of this Agreement.
16 4584565.2
124
IX. DISCLAIMER OF LIABILITY
The City sliall not be liable or responsible for tlie towing or storage of any vehicle unless such liability or responsibility has been acknowledged in writing by the Chief of Police or his designee, or unless such liability or responsibility is imposed by law.
X. ADVERTISIISTG
Contractor shall not display or use any signs, advertising materials, logos, etc., which indicate that Contractor is an official towing service for the City of South Gate without the prior written autliorization of the City Manager or Chief of Police or either of their designees. 17 4584565.2
IQ125
Attachment B
RESPONSE TO REQUEST FOR
PROPOSAL OF THE CITY OF SOUTH
GATE FOR POLiCE ORDERED TOWING &
STORAGE SERVICES
Submitted By:
Mr. C's Towing of South Gate
4421 Mason Street
South Gate, California 90280
Attn: Jerry Brown, General Manager
Tel: (323) 249-0575
Cell: (323) 807-3515
126
TABLE OF CONTENTS
Cover Letter
PROPOSAL - POLICE ORDERED TOWING AND STORAGE SERVICES Executive Summary
Approach To Meeting and/or Exceeding Services
Tow Truck Classification/Equipment
Tow Drivers
Hours of Operation
Storage Facility
Response Time and Requirements
Charges
Franchise Fee
Indemnification and Insurance
References
3 4
4 5
6 6
7 7
8 8
9 1-2
3-9
EXHIBIT B PROPOSER FORM
PROPOSER QUALIFICATIONS ST ATEMENT
16-17
18-38
FORMS
Attachment "1"
Attachment "2"
Attachment "3"
Attachment "4"
Attachment "5"
Attachment "6"
Insurance Requirements Checklist
Civil Litigation History/Civil Litigation Checklist
Criminal Convictions Checklist
False Claims/False Claims Act Certification
Non-Collusion Affidavit (Notarized)
Campaign Contribution Disclosure Form
19. ATT ACHMENTS
19.1 Sec. 3LlCENSlNG
19.2 Sec. 4 EXPERIENCE AND PERFORMANCE HISTORY
19.3 Sec. 5 FACILITIES PHOTOS
19.4 Sec. 6 EQUIPMENT PHOTOS
19.5 Sec. 14 INSURANCE
19,6 Sec. 7 CONFIDENTIAL PERSONNEL INFORMATION
2t 127
4421 Mason St.
South Gate, CA 90280
(323) 249-0575
August 15, 2024
City of South Gate
South Gate Police Department
8650 California Avenue
South Gate, CA 90280
Attention: Lieutenant James R. Chavez
RE: RESPONSE TO REQUEST FOR PROPOSALS - TOWING AND STORAGE SERVICES Dear Lt. Chavez and Officials of the City of South Gate:
Mr. C"s Towing of South Gate, Inc. (hereinafter "Mr. C's") is pleased to submit this cover/transmittal letter as part of its Response to the City's Request For Proposals for Towing and Storage Services for your review and consideration.
Mr. C's, incorporated in California on August 13, 2002, has been operating from the City of South Gate (hereinafter 'the City') since incorporation, with a record of outstanding, problem free servicetotheCitysince2002. Mr.C'shascontractedtowingserviceswithanumberofthelocal Southeast Cities as well. Services provided include response to calls in the field and participating in DUI check points. The combined professional experience of the principals and managing/supervising personnel of Mr. C's is over four decades.
Mr. C's meets or exceeds all of the minimum requirements set forth in the City's RFP as follows:
* The Company is qualified to operate as a business in the State of California, holding a Motor Carrier License and has done so more for more than 22 years * The Company has a current towing contract with the California Highway Patrol (East Los Angeles and Westminster) and has done so for more than 10 years * The Company has a substantial history and record of community involvement and support within Its areas of service
+ Mr. C"s, its officers, key inanagers and employees, including drivers have the knowledge and familiarity with the California Vehicle Code and related authorities related to safe and lawful towing, impound, and secure storage of vehicles * Mr. C's is familiar with Socith Gate"s codes and procedures relative to towing and storage services
* Mr. C's will provide all towing aim secure storage for vehicles seized, impounded or otherwise caused to be removed from public or private property as stated in the RFP Scope of Services Reqciirements, including emergency services for City vehicles within 50 miles of the City limits
(> Mr. C"s primary storage facility has been located in the City since 2002 and maintains all required licenses and permits required for performance of services 128
Equally important to the scope of work contemplated by the Towing and Storage Services Agreement, Mr, C's has been involved in community service charitable functions and events in the City, including, but not Iimited to Community Volumeer Programs, Police Exptorer Programs, and Communitylmprovement efforts to strengthen its community involvement wlth the City and otheriocalcommunities. Mr.C'shasdonatedvehiclesforpolicetraining,i,e.,baitcar,shooting, SWAT team, and the LA COunt7 Fire Department, and WOuld antiCipate continued similar involvement if awarded the contract.
We hope to be awarded the Towing and Storage Services Agreement and continue to be a significarit and meaningful member of the City of South Gate community for many years to come, As the General Manager for Mr. C's Towing of South Gate:
* I am authorized to bind Mr. C's as to all items submitted as part ofthis Proposal o I have read the entire RFP and Mr. C's will comply with all terms and conditions contained in the RFP,
If you have any questions or wtsh-to discuss this matter further, ptease contact the undersigned at the Office - (323) 249-0575 or by cell (323) 807-3515.
Thank you for your consideration and time,
Very truly yours,
,,/ {i4,t[.8M(/'1' i"]
Y BR(/'WN
General *,a4g,er
JB:tlk
's,J
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PROPOSAI
The folfowjng proposal/transrnittal follows the captions arid requested jnformr:ition in the same order as presented in the RFP for ease of review by the reviewing comrmttee.
Executive Summary
Mr. C"s is a Catifornia corporation, incorporated in 2002. Kurtis McElroy is President and the principal place of business is located at 4421 Mason st,, South Gate, CA; Tel: (323) 249-0575, It has all necessary licenses, permits or other required authorization to perform towing and storage services. See Exhibit B, PROPOSER FORiVl, PROPOSER'S QUALIFtCATIONS STATEMENT, Sec. 3, LICENS1NG and additional licenses in Section 19 - ATTACHMENTS, item "19,1) Conflict of Interest Statement
Mr. C's confirms it has no financial, business, or other relationship with the City that mad haVe an impact upon the outcome Ofthe Agreement.
Mr. C's has been providirig towing services to South Gate since 2002 and intends to provide swift, professional service in the removal of any vehicle, as directed by the City, from any City street. it has sufficierit equipment arid persormel to do so, It is committed to give priority to City calls when reqciested and to maintain sufficient personnel and equipment to perform such services, witharesporisetimeaveragingl0minutes. ThislsconsistentwithMr.C'scommitmenttoother cities with whom it has a contract as part of its "business custom and practice" and has been the case since Mr. C's has been performing towing services for the City.
Mr. C's shall furnish towing and secure storage for vehicles seized, impounded'or otherwise caused to be removed from public or private property bythe Police Department. Towing services shall include, but not be limited to, removal of wrecked vehicles and debris resulting from accidents, preliminary work necessary to towing, including removal of vehicles from ditches or separation of entangled vehicles, removal of vehicles for crimainalistics and/or purposes as directed by the POliCe Department personnel, Otherimpoundment Of VehiCleS aS directed by the Police Department.
Mr. C's will provide emergency service for vehicles within 50 mixes of the City limits at no charge tO the City. ThiS serVice shall be provided at all TIMES, including weekends and hOlida7S.
Emergency services shall include, but are not limited to tire changes, battery jump starts, and towing inoperable vehicles.
The business principals and key managerial staff are uniquely qualified based upon their significant towing/towing service history and those responsible for the areas consistent with the towing and storage services:
Kurtis McElroy - President ([email protected] )
Mr. McElroy, President of Mr. C's, began his career in the towing industry over 30 years ago, working, in the beginning, as ;g tow truck driver for a locai company in Orange County. In approximately 1989 Mr. McElroy took ownership of his own towing business, acquiring contracts -3
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with various public entities and law enforcement agencies. He works from the Mr. C"s location in Los Alamitos,
Jerry Brown - General Manazer ([email protected]) The General Manager, retir'ed law enforcement as a Lieutenant in 2002 after more than 30 years ofservice, strivesto maintain good re!ationships with all contractinBagencies and good customer service. He has an intimate understanding of the needs and operations of a police departmei'it relative to services required from a tow service, as well as kriowledBe of relevant provisions of the California VehiCle COde. He iS Very community minded, and a member Of the SOuth Gate Rotary Club and Las Vegas Rotary Club and is a Board member of the South Gate Chamber of Commerce. He leads the Company in involvemem in many City and Police Department activities formanyOftheciti-er;-inth-esurroundingSoutheastarea. Mr.Browncanbereachedbycell:(323) 807-35:15 or the main office number (323) 249-0575.
Mark Mathis - Operations Manager (mark926guy@@mail.com) The Operations Manager started his towing career 40 years ago as a driver. I-le is familiar with all aspects of the towihg Ind €iStry and is a Certified WreckMaster trainer as well as El member of the Board of Directors for the l.A County Chapter of the California Tow Truck Association. He has been with Mr. C's since 1995. Mr, Mathis can be reached by cell: (714) 615-9935 or the main office number (323) 249-0575.
Rudy Saucedo - Driver Supervisor ([email protected]) The Driver Supervisor has been in the towin@ industry for more than 15 years as a driver, He is familiar with all aspects of the towing industry and applicable laws and procedures. He has a WreckMaster's Certificate and has been employed by Mr. C's more than 10 years.
Approach To Meeting And/Or Exceeding Services and Equipment Requirements Tow Trcick Classifications/Equipment
Mr, C's vehicles and equipment conform to CHP Classification and in compliance with the applicable provisions of the California Vehicle Code. The tow trucks are equipped and maintained in accordance with the provisions set forth in the California Vehicle Code and consistent with industry Standards (!)( Practices. Mr. C's is sensitive and concerned about t}ie environment and holds a Certificate of Reported Compliance Truck and Bus ReHcilation with the California Air Resources Board.
Mr. C's has more than the minimum required by the RFP of three (3) standard tow vehicles, I ton rating or greater, with duaf rear wheels and one flat bed tow always available. The inventory of Mr, C's veFiicles Includes those capable of providing the follow services: recovery truck(s) with an adjustable boom with a minimum lifting capacity of at least 4 tons, wheel lift towing, roll back/flatbed towing, towing in parking Barages, towing of large and oversized vehicles and towlng of motorcycles without causing additional da=ge, Each tow vehicle has cable of sufficient size and capacity to retrieve vehicles that may have gone over embankments or off traveled portions of roadways arid into inaccessible locations, (The [nventory of tow vehicJes is provided in detail iin Exhibit B, PROPOSER FORM, PROPOSER'S QUALIFJCATIONS STATEMENT, Sec. 6, EQUIPMENT a:nd photos of vehicles and equipment are provided in Secttori 19 - A'n'ACHMENT, item 29.4)
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None of the vehicles are converted pick-up trucks or vetiicles not specifically built by manufacturerfortowinBothervehicles, Mr,C"sdoesnotrequireanysubcontractortoperform the required towing services and owns a tow vehicle capable of towing large trucks (semi type).
However, should the large tow truck be unavailable a 'back up" is available through Pepe's Towing. However, should such an occasion arise, vr. C"s understands an'y' such subcontractor must meet the same requiremerits of Mr. C's required by the Agreement and shall be Identified to the City.
All vehic)es are on a preventative mainteriance schedule, strictly followed, to ensure reliability and performance. All tow vehicles are inspected annually by the CHP. Mr, C"s understands the Police Department will irispect its vehicles annual(y. Additionally, Elll tow vehicles are inspecte:l daily by the driver, who is assigned to his or her own ve}iicle. All of the vehicles are equipped with cleaning supplies and each driver takes pride in keeping his or her truck clean, Each vehicle has the necessary communications equipment for radio transmission and reception and COmplieS With FCC regulations ad requirementS0 All tOW truCkS and babe Station are equipped with two-way radios on the 400 band. Each driver also has a cell phone available.
Mr. C's has a 9,000-pound capacity forklift on site to assist in rnoving vehicles around the warehouse and storage yard without requiring the use of a tow vehicle. The forklift is equipped with a bear CIEIW attachment that allows ait to be used as a tow ve)iicle, contactaing only the tires of the vehicle being moved, Two other forklifts are on site. There is also a stationary vehicle lift iri the warehouse to assist with inspections and investigations.
Tow Drivers
All tow drivers are qualified and competent and are at least 18 years of age and possess the appropriate minimum class Drivers' License.
Drivers employed by Mr. C"s, all of whorn are bilingual (English/Spanish), are care'fully screened to ensure the quality of personnel necessary to interact with c!ients and members of the public, Mr. C's currently employs a total of 16 drivers and schedciles the drivers to meet the requirements of the RFP and maintains all information required in the RFP in a separate personnel file for each driver. (See, V. SCOPE OF SERVICES, SPECIFICATIONS, Section B(5), PROPOSER FORM, PROPOSERS QUALIFICATIONS STATEMENT, Sec. 7, PERSONNEL, item 7.3 for full list of personne) and Sec, :19 ATTACHMEfSlTS, item 19.6 with personnel information). They are highly qualified in towing and recovery and, once hired, obtain either WreckMaster, CTTA or AAA training/certification, if they do not already have one at the time of hiring.
Training involves a monthly update of company policies to ensbire safety and consistency in the field. Statutes and changes in the law pertaining to towing are included in the monthly training, or more often, as circumstances dictate. Specific "hands on' training is provided every six (6) months to the drivers.
Each driver wears a Mr. C"s uniform, complete with name tag that is ciearly visible, They are required to be neat and clean, with hair, mustaches and beards neatly trimmed. Each driver carries a change of ciniform to enscire proper appearance and cleanliness. -5
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Drivers have their driving record checked on a regular basis, Mr, C's participates in a DMV Pull Notice Program, enabling Mr. C's to be informed of any change to a driver"s driving status or record, The drivers are required to submit to random drug testing, and, upon hiring, a criminal history check is performed.
Mr. C's understands all personnel acting on behalf of Mr. C"s should be fingerprinted and photographed by the SGPD, It further understands the City may, at its discretion, conduct a background check as part of the proposal evaluation process of any employee and if the City determines that an employee is not qua)ified to provide services to the City, it will notify Mr. C's in writing and the 'disqualified' driver may not be used or dispatched for a service provided to the City pursuant to the Agreement. .
Hours of Operation
Mr. C's has towing services available 24 hours a day, 7 days a week, 365 days per year, with a dispatcher on site, and understands it may be requested to periodically provide the deployment oftrucksforspecialeventssuchassobrietycheckpoints,streetfairsandparades. Itsofficehours to the City, in accordance with tl'ie RFP, are 0800 to 1900 hours. Vehicle release is available after normal business hours with a corresponding 'gate fee' charged. Alternate hours, as directed by the City, will also be available by Mr. C's to accommodate special City events.
A dispatch operator is on duty 24 hours a day, 365 days a year, provlding the ability to maintain a telephonic point of contact for receiving City requests for towirig services 24 hours per day and telephone service to receive calls from the public, The dispatching system is geared for prompt dispatching of calls, with corresponding prompt response, estimated atless than 10 minutes, the average response time provided under the current contract between Mr, C"s and the City, Storage Facility
Mr. C"s primary storage facility at 4421 Mason Street in South Gate meets and exceeds the four stated requirements presented in the RFP.
The impound lot is fully fenced (higher than 6 ft.), and secured, accessible by a solid metal electric gate for security. The property is equipped with 400-watt gas exterior lighting as well as digital video monitoring/recording equipment (16 cameras in the yard, 3 in the office) with a recording capacity up to 45 days, for additional security. Additionally, the facility is "manned" 24/7/365 so that any unauthorized entry or attempt to enter the premises can be immediately detected.
The impound lot is approximately 71,000 square feet, capable of holding 350-400 vehicles. Also on the premises Is an enclosed warehouse, approximately 20,000 square feet, within which is an enclosed, locked evidence cage, thelatter of which is capable of holding approximately 6 medium size vehicles. Additional holding space, if needed, is available within the warehouse and will hold at (east 25-30 cars/trucl<s. (See Sec. :L9 ATTACHMENTS, item :L9.3 for facility photos with requested categories of the Primary and Secondary facilities.) A secondary lot is also available, for vehicle storage, located at 6105-6069 Maywood Ave., in Huntington Park, CA. and is owned by Mr. C's, l'i is approximately 3 acres, capable of holding at least 900 vehicles on asphalt surface with additional concrete surfaces elsewhere on the premises and is secured by a steel fence around the entire perimeter, a minimum 10 ft. in height -6-
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andaccessiblebyasolidmetalelectricgateforsecurity. Thereisanericlosedwarehouse,within which is an enclosed, locked evidence cage, capable of holding approximately 20 cars/trucks, The property is equipped with LED exterior lighting, as well as digital video rnonitoring/recording system/equipment. Further, the facility is physically "manned" 24/7/365 so that any unauthori;:ed entryor attempt to eriter the premises can be immediately detected.
Response Tirne and Requirements
Mr, C'S more tllan MEETS the requiren)entS far response tirne Set forth in the RFP. Mr. C"S iS committed to give priority to City calls when requested and to maintain sufficient personne] and equipment to perform such services, as described above, with a response time averaging about 10 minutes, This has been the average response time since Mr. C's has been performing towing services for the City and is consistent with Mr. Cas commitment to other Cities with whom it has a coi'itract as part of its "business custom and practice", Should a tow unit be unable to respond immediately, or within the RFP not to exceed '20 minute maximum', the Police Department Communications Center will be immediately notified and provided with an estimated time of arrival.
Mr, C"s understands except for private impounds or storages, it will not remove any vehic(e without first being instructed to do so by an authorized Police Department Officer, Vehicies towed by Mr. C's remain in the same coridition as received. Vehicles towed and placed in the evidence cage remain in the same condition as received, deferring to po!ice personnel to catalogue or otherwise secure personal property in the vehicle, for validation and chain of custody issues, uriless otherwise instructed and supervised by a member of the City"s !aw enforcement,
Charges
The proposed rates of Mr. C's are:
Towing Fee
7..4C)
.8'A!Era (includes passenger cars, trucks and trailer over 1 ton, motorcycles and all other vehicles)
,/S300,00 (includes heavy duty vehicles)
Storage Fee 575.00 per day (includes passenger cars, trucks and trailer over 1 ton, motorcycles and all other vehicles whether inside or outside)
,/S90,00 per day (heavy duty vehicles whether inside or outside)
Miscellaneous Service Fee !4 of the above towing fee The Miscellaneous Service Fee, referenced above, includes, but is not limited to: openinglocked vehicles, cip righting over turned vehicles, dollying, winchinB, after hour release fee, and/or fuel service. There is no charge for disconnecting and reconnecting drive shaft. 7 134
Fees are posted in the lobby/customer waiting area, (See Sec, 19 ATTACHMENTS, item 19.3 for facility photos with requested categories of the Primary and Secondary facilities.) Mr. C's accepts cash, credit and debit cards for payment of fees for the reiease of vehicles cipon presentation of proper identification. checks are accepted but not a preferred method of payment,unlessrequiredbytheCity. Mr,C'sunderstandsownersofvehiclesstoredfor24hours or less shall be charged no more than 1 day storage, with each day thereafter calculated by calendar days.
r-
For those vehicles towed/impounded and brought to Mr. C's yard, a licensed lien sale company, Clear Choice, sends written notice to the registered and legal owner of the vehicle"s !ocation and location phone number, within three (3) days of the vehicle being impounded. If circumstances , '!'he vehiclei"s location and phone number of where the vehicle will be tal<en for imp-ound is provided at the time of impound by the Impounding Officer. All lien reiated paperwork and filings are handled by Clear Choice. Llen sales are held every Wednesday, Franchise Fee
Mr, C's will suB7mit timely payment of the Annual Franchise Fee as stated in the RFP (Sec. H), timely payment of 15% of Gross Receipts for each City Benerated tow and Impound storage, and Administration Fee of .545 for every vehicle hooked up to a tow vehicle which requires the subrnission of a CHP 180 form, in the rnanner and at the time stated in the RFP.
All calls for service are recorded ori a carbon-copied call back book by date and number for a permanent record. The record includes the type of call, date, time, and location, and year, mal<e and model of the vehicle, Records related to release, including date of release, party released to, total charges and paymem received are likewise obtained. The payment report is prepared from the invoices and logbook information prepared concurrent with the call for service, containing the available identification information and number of days in storage, and maintained by Mc. C's m accordance with its retention practice for a minimum of three (3) years.
Books and records are made available by Mr, C's for inspection by the City.
Mr. C"s understands neither the City nor the Police Department are responsible or )iabfe for towing services in the event the vehicle owner refuses or is unable to pay for services. It further understands in the event a vehicle is towed or impounded, or both, through any error of the City or the operator, neaither the vehicle owner nor the City shall have the duty to pay any towing, storage,orotherfeesorcharBes. Additionally,itisunderstoodMr.C'sshallagreetoirnmediately release any vehicle, without charge, upon request of the on-duty Watch Commander. Mr, C"s understands it may later appeal the decision of the Watch Commander in writing to the Chief of Police,
Indemnification and Insurance Requirements
Mr. C"s agrees it will indemnify, defend, save and hold harmless the City, its elected Officials, Officers, Agents and employees against any claim, liability, judgment, cost or expenses resulting from wrongful or negligent acts of Mr. C's and shall request its insurer(s) to designate the City as an additional named insured under its contract of insurance. 'yy
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Mr. C's maintains the required insurance policies set forth in the RFP. (See, PROPOSER FORM, PROPOSERS QUALIFICATIONS STATEIVIEl\lT, Sec, 14, )NSIJRANCE, item 14.:1 and Sec. 19 ATTACHMENTS, item 19.5 with, Certificate of Insurance).
References
Mr. C's lias been operating sir'ice 2002, with a record of outstanding, problem free service to the City and to other local cities and po(ice departments in Los Angeles county and Southeast Cities, Mr, C"s has not been terminated from a towing service contract similar to the one which is the subject of this RFP. The list of clients has grown over the years because of the attention to detail and to the needs and requirements oflaw enforcement agencies, (A complete list of all Agencies forwhom Mr. C's performs towirig and storage services is provided in Section '19 ATTACHMENT, item 19,2)
Mr. C"s provides tt'ie following additional "business references" as requested by the RFP:
Chief Carlos Isla
Bell Police Department
6326 Pine Avenue Bell, Cali'Fornia 90201
Tel: (323) 585-1245
Director Gabriel Linares
City of Lynwood Parking Enforcemerit
11330 Bullis Rd.
Lynwood, CA 90262
Tel: (714) 471-4900
Chief Cosme Lozano
Huntin@ton Park Police Department
6542 Miles Ave., Huntington Park, CA 90255
Tel: (323) 584-6254
We are available should there be any questions and appreciate your time and consideration of our Proposal.
Submitted by:
Mr. C's Towirig of South Gate, Inc.
F-)er>,r-:B?!rwFJ";) ,4[e4}""}
General Manager
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30136
Exhibit B
PRQPOSER FORM
Towing arni Storing Servie:es
Date: August I 5, 2024
Proposer: Mr. C's Towing of South Gate
Address:
(Print Name of Busrness)
4421 Mason Street
City: South Gate State: CA Zip: 9!0280
Telephone: (323) 249-0575
Fax:
Contact Name: Jerry Brown, General Manager
TO THE CITY OF SOUTH GATE, CALIFORNIA:
In response to the Request for Proposals ("RFP") by the City of South Gate ("City"), the undersigned person or entity ("Proposer") now submits this proposal, with the accompanying forms and attachments.
1. In submitting this proposal, Proposer certifies that:
A. Proposer has thoroughly read, examiried, and fully understands the following documents:
The RFP's provisions; and,
All terms, conditions, requiremerits, specifications, minimum performance standards, and any addendum.
B. Proposer understands and accepts all of the terms and conditions set forth in the documents listed in Section 1 (A);
C. Proposer has carefuliy checked all words, rates and calculations and staternents made in proposal;
D, Proposer's documents and information submitted in response to the City's RFP are complete and accurate;
E. Proposer has fully considered all other matters that may affect, in any way, Proposer's services or costs;
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31137
F. Proposer offers to fully perform all of the duties and obligations specified in the documents in exchange for the consideration described in the documents; x'X G. Proposer agrees that the City is not liabie or responsible for any costs, fees or expenses that Proposer incurs for any one or more of the following:
(1) Responding to this RFP;
(2) Anticipating or preparing for art award of a tow contract; (3) Obtaining ariy equipment, personnel facilities or other items to comply with the Documents' provisions; or,
(4) Performing the services under the Contract.
H. Within seven (7) calendar days after City issues the Notice of Intent to Award the Franchise Agreement for Tow Truck Services, or within any extension that City may allow, Proposer agrees to:
(1) Signandde)ivertheFranchiseAgreement,alongwlthanyrequiredattachments; and,
(2) Furnish all required proofs of insurance.
1. At its expense, Proposer agrees to indemnify, defend and hold harmless the City, its directors, officials, officers, employees, agents, and designated volunteers from and against any and all liability, suits, actions, proceedings, judgments, claims, demands, ]iens, losses, damages, costs and expenses (including attorneys' fees, litigation, arbitration, mediation and appeal expenses) if a dispute, lawsuit or other proceeding arises out of any one or more of the following:
Proposer's submitting the proposal;
City accepting Proposer's proposal; or,
City awarding a contract to Proposer in compliance with this RFP.
3.2,138
PROPOSER'S QUALIFICATIONS ST ATEMENT
All responses must be typewritten or printed legibly in ink. When additional space is needed to explairi an answer, attach sheets as necessary. Failure to (1) comptete this form, (2) return it, or (3) attach a required document may render the Proposal rion- responsive.
1. BUSINESSORGANIZATION/STRUCTURE
1.'l Yourfirmisa:
X Corporation [J Sole Proprietorship € Other:
€ Limited Liability Company [] Generai or Limited Partnership
1.2 If your firm is a corporation, answer the foflowing:
1.2.1 I ,2,2
Date of incorporation: 8/12/2002
State of iricorporation: California
I .2.3
I .2.4
Corporate ID number: 2290922
President's name: Kurtis McElroy
I .2,5 Vice Presiderit's name: N/A
I .2.6
I .2.7
Secretary's narne:
Treasurer's name:
Kurtis McElroy
Kurtis McElroy
1.2.8 Agent for Service of Process: CDD Accounting So(utions, Inc 1 .2.9 Agent's Address: 14071 Peyton Dr. #369, Chirio Hills, CA 91709
1.2.10 Isyourfirmapubliclytradedcorporation?
€ Yes X No
1.3 lf your firm is a limited liability company, answer the following: N/A
1.3.'l Date of formation:
"18
33139
1.3,2 State of formation:
1.3.3 Secretary of State's File or ID number:
I .3.4 Chief Executive Officer's name:
I ,3.5 Name of Manager(s):
'1.3.6 Agent for Service of Process:
1.3.7 Agent's Address:
1.4 If your firm is a partnership, answer the following: N/A 1,4.1 Date of formation:
1A.,2 Type of partnership (Generai, Limited, LLP):
1.4.3 Secretary of State's Registration or ID number:
1.4.4 List the name of the General Partner(s) and any individual who has any equity interest in the partnership:
1.4.5 List jurisdictions in which your firm's fictitious name (dba) is filed:
1.5 If your firm is individually owned (a sole proprietorship), answer the following:
1.5.1 Date your firm started:
I .5.2 Name of owner:
1.5.3 List jurisdictions in which your firm's fictitious name (dba) is filed:
2, OWNERSHIP AND NAME CHANGES
2.1 How many years has your firm been in business under its present name? 24 years
2.2 In the past five years, has your firm changed names? € Yes X No 3g140
If yes, list all prior names, addresses and the dates they were used, Explain the reason for each name change: N/A
2.2.1 Prior name:
2.2,2
2.2.3 Address:
Reason name changed:
2.2.4 Starting / ending dates of prior name:
3. LICENSING
For the following questions, the term "owner" does not include owners of stock in your firm if your firm is a publicly traded corporatiori,
3,"1 Are any of your firm's )icenses held in the name of a corporation or partnership? X Yes € No
If Yes, list below the name of the corporation or partnership that actually holds the license:
3.1.I Corporation or partnership name: Mr. C'S Towinq of Soiith Gate, Inc.
3.2 List jurisdictions in which yourfirm is legally qualified to do business, provide license or registration number, and set forth the type of license. Attach additional sheets as necessary. See 19. ATTACHMENTS, Itern 19.1
3.2.'l Jurisdiction: State of California
3,2,2 License or registration number:
3,2,3 Type of license: Motor Carrier Permit
3.2.4 Jurisdiction: CityofLosAngeies
3.2.5 License or registration ncimber: §
3.2,6 Type oflicense: Towing Services in the City of Los Angeles
3.2.7 Jurisdictiori: National (United States)
3.2.8 Lk:ense or registration number: 8
3.2.9 Type of license: Dept of Transportation
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3.3 In the past seven years, has your firm or any of its owners, partners, officers or employees been investigated, cited, assessed any penalties, subjected to disciplinary action by a licensing agency or found to have violated any licensing laws or regulations? 0 Yes X No
If Yes, identify the licensing agency, type of license, date and reason for the disciplinary action, Attach additional sheets as necessary.
3.3.I Licensing Agency:
3.3.2 Type oflicense:
3.3.3 Dateofdisciplinaryaction:
3.3.4 Reason for disciplinary action:
4, EXPERIENCE AND PERFORMANCE HISTOIRY
For the following questioi"is, the term "owner" does notinclude owners of stock in your firm if your firm is a publicly traded corporation.
A-.I How many years has your firm been in business as a Tow Service? 37 years
4.2 In the past five years, has any of your firm's owners, partners, or officers operated a similar towing business?
X Yes [J No
If Yes, fist the business' name and address and the person who operated the business.
Attach additional sheets as necessary.
4.2.I Tow business name: Mr. C's Towing
4.2.2 Address: 10821 Bloomfield, Los Alamitos, CA 90720
4.2.3 Name of your firm's owner, partner or officer who operated other towing business: Kurtis McElroy
4.2.4 Starting/ending dates of ownership: April, 1984 to present
4.3 Does your firm currently dismantle vehicles or have a saivage operation? € Yes X No
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4,4 Does your firm currently own or operate any other business? € Yes X No
If yes, list the business' name and address and the person who operates the business, Attach additional sheets as necessary,
4.4.'l Business name:
4,4,2 Address:
4.4.3 Person's name who operates business:
4.4.4 Description of business:
4.5 List the government entities for which your firm has performed towing, storage, lien sale services, whether or not under contract or as an Officia( Police Tow Service. Provide the riame and telephone number of the person within the government entity who is most familiar with your performance of the services (i.e., "Contact Person"). Attach additional sheets as necessary.
4.5.1 Governmententity'sname: PLgASESEE 19,ATTACHMENTS,l €ernl9.2 PROVIDING'THE REQuESTED.lNFORMAT10N AS IT EXCEE.DS AVA1LABLE SPACE
4,5.2 Services that your firm provided:
4,5.3 Starting/endingdatesofservices:
4.5.4 Was your Tirm:
Selected by a bid or RFP? Yes € No
Under a contract or agreement? Yes € No
4.5.5 Contact Person: Phone:
4,6 Describe your firm's lien-sale experience in terms of knowledge and procedures used in the processing and disposing of vehicles in accordance with California's laws. Attach additional sheets as necessary.
For vehicles towed/impounded and brought to Mr, C's yard, a licensed lien sale company, Clear Choice, sends written notice to the registered and legal owner of the 22 143
vehiele's location and location phone number within three (3) days of the vehicle beingimpounded. lfcircumstancespermit,lhevehicle'slocation,andphonenumber of where the vehicle will be taken for impound is provided at the time of impound by the Impounding Officer. Ail lien related paperwork and filings are handled by Clear Choice. Lien sa[es are held every Wednesday.
5, FAClLITl:ES
5.I List the address where the facNities will be located and attacti photographs depicting each one of the areas and facilities listed in (a) through (f) below.
Facilities will be !ocated at 4421 Mason Street, South Gate, CA 90280. SEE 'i9,:
ATTACHMENTS, d9.3 photos depiefing each area JisQed tyelow For each District submit:
(a) Up to 3 photos of the:
(b) Up to 3 photos of the:
(c) Up to 3 photos of the:
(d) Up to 3 photos of the:
(e) Up to 3 photos of the:
(f) Up to 3 photos of the:
Business office
Customer waiting area
Secure area for police hold vehicles
Primary storage lot
Secondary storage lot
Disposal lot Not applJcable See 4.3
PRIMARY STORAGE LOT AND BUSBNESS OFFICE ADDRESS
5.LI Businessoffice: 4421 Mason st., South Gate, CA 90280
5.1.2 Primary vehicle storage lot: Same as above
5.1.3 Secure area for police hold vehicles: Same as above
5.1.4 Secondary vehic!e storage lot: 6'l05 Maywood Ave., Huntington Park, CA 90255
5.1.5Disposal/salvagevehiclelot: NotApplicableasnoneexist
SECONDARY STORAGE LOT AND BUSINESS OFFICE ADDRESS
5. 1.6 Business office: 6105 Maywood Ave., Huntington Park, CA 90255 5,1.7 Primary vehicle storage lot: Same as above, primary (refer also to Primary Storage Lot in South Gate listed above)
5.1.8 Secure area for police hold vehicles: Same as above 5,1,9Secondaryvehiclestoragelot: Sameasabove
5.1.10 Disposal/salvage vehicle lot: Not applicable; none exist 144
6, EQUIPMENT
6.I For each piece of towing equipment below, (1) list the requested information; and, (2) attach a photograph of each tow unit: SEE, 19. ATTACHMENTS, 19.4
FLATBED CARRIER
CLASS A TOW
CLASS B TOW
Year of
Manufacturer
Unit 5 2014
(lnit 6 2017
Unit 2 2019
Unit 3 2024
Unit 4 2024
Unit 7 2019
Unit 9 2023
Unit 10 2023
unit 112023
Unit 12 20'l7
Unit 8 20al7
Hino 258
Hirio 258
Ford F450
Ford 3500
Ford F550
Chevy 5500HD
Ford F550
Ford F450
Ford F450
Ford F450
Hino 258
CLASS C TOW
Unit 14 2016
Unit 15 2018
FRGHT CAS
PTRBT 389
CLASS D. TOW Nons
6.2 Does your firm lease, loan or rent its tow units to any other towing firm? CI Yes X No
If Yes, identify the person or company to whom your firm leases, loans or rents its tow units and describe the details of your firm'slease, loan or rental arrangement with the other person or company. Attach additional sheets as necessary. 24 145
6.3 If your firm does not have "Heavy Duty" or "Super Heavy Duty" (i,e., Class C or Class D) tOW truCkS, (i) identif)/ thE' subcontractors(s) Whim 'iOUr fFm will use, (2) attaCh a {-',, photograph of each tow truck, and (3) list the equipment:
6.3."l Subcontractor's Name: As Uack up only: Pepe's Towing
6.3.2 AddreSS Wtlere fOW LlnJ[S are kepf: 9")8 BO'/le, LOS Angeles, 90023
6.3.3 CoritactPersori: JoeAcosta Phorie:(323)268-")609
7. PERSONNEL
7.I At present, how mairy people (whether paid or unpaid) work at your firm? 25
7.2 Doesyourfirm'haveanagreementoranarrangementwithanyothertowingfirmto loan or share your firm's employees?
Ll Yes X No
7,3 For each employee whose function is described below, ('f) list the requested information, (?) attach the person's resume and.(3).a$ch a current photo:
RESUME/PHOTOS ARE PART OF SE:PARATE CONFIDENTIAL MATERIAL BA$ED
UPON PRUVACY RIGHTS NOT FOR PUBLIC DISCLOSURE, ARKED 'CONFlDENTiAL' AND ATT A6HED '19. ATTACHIVIENTS, IT'EM 19.e NAME
(Last, First, I
Mlddle)
I [);ATEILAST
I
' DATE OF
HIRE
DRIVER'8
LNCENSE #
Avaneszadeh, Arik jr 01/2024 10/2023
Corral, Bryan 03/2024 01/2023
Garcia, Yanitza 04/2024 10/2023
saucedo, Rudy 05/2024 2013
Reyes, Felipe Cardona 05/2024 2016 fflffl
Camarena, Alex 05/2024 2016
(Bbrera, Carlos 05/2024 2014
Garcia, Andrew lzaiah 05/2024 2022
Allen, Steve I
05/2024 2018
Perez, Jesus I
05/2024 2013
AMIVaartriandeoz, Hectorl
05/2024 2021 I
l'--
DISPATCHER:
TOW TRUCK
DRiVER:
(,l'C)146
Torres, David 05/2024 2018 I
I
Cruz, ArtemiO 05/2.024 2016
-
Franco, Manuel 05/2024 2024
f
Aguilar, Christopher 05/2024 2022
Aguilar, Ricardo 05/2024 2024
- Godinez, Abei 05/2024 2022
- Rubio, ' Armando
.lesus
04/2024 " 2014 r-
Lomeli, Abel 05/2024 2015 afflffl-
NAME
(Last, Flrst,
Middle)
DATE LAST
TRAINED
DATE OF
HIRE
DR1VER'8
LICENSE #
Mathis, Mark 05/2024 1993
Camareria, Alex See Driver Information Above
None
Allen, Steve See Driver Information Above
Saucedo, Rudy See Driver Information Above
Garcia, Andrew See Driver Informatiori Above
Alien, Steve See Driver Information Above
Saucedo, Rudy See Driver Information Above
Garcia, Andrew See Driver Information Above
I
Mat)iis, Mark See Lien Safe Information Above
Saucedo, Rudy See Driver Information Above
Allen, Steve See Driver I Information
I
' Above
LIEN SALE:
SECURITY:
VEHICLE
STORAGE:
RELEASE. OF
VEHICLES:
CUSTOMER
SERViCE:
26 147
I NAIVIE
: (Last, First,
Middle)
I oT'RA'lN"ED'
DATE OF
HIRE
IL.DicR=Vf!lEsRE':
Welsh, Summer
i Office Manager
05/2024 ' 2018
Saucedo, Rudy See Driver i Information Above
Brown, Jerry, 05/2024 2002
General Manager
Mathis, Mark
Operations Manager
See Lien Sale Information Above
Lova. Adan OS/2024 2012
Torres Nunez, Martin
Alonso
05/2024 2015
OFFICE
SUPPORT:
EMERGENCY
OR AFTER
HOURS:
OTHER
PERSONNEL
8. EMPLOYEE SAFETY AND TRAINffN(,
8.I Does your firm have a written Injury and Illness Prevention Program ("11PP") that complies with California's Code of Regulations, Title 8, Section 3203, or any other written policy manuat for your employees' safety?
X Yes f:] No
8,2 Does your firm have a written policy for handling, transporting and disposing of fiBzardous materials?
X Yes € No
8.3 Does your firm have a training program for new employees? X Yes [1 No
8.4 Does your firm have annual or biennial training for its tow unit operators? X Yes [] No
8.5 In the past five years, has your firm's employees suffered any work-re[ated fatalities? [1] Yes X No
148
If Yes, list the date; describe the facts and circumstances about each instance; identify any governmental entity that issued a citation or notice of violation; 1ist the date, court and case number of any criminal action or civif suit arising out of each instance; and set forth the status, outcome or disposition of the citation, riotice of violation, criminal action or civil suit, Attact"i additional sheets as necessary.
8.6 In the past five years, has your firm received an OSHA or Cal/OSHA citation or notice of violation?
€ Yes X No
If Yes, list the date; describe the facts and circumstances about each instance; identify any citation or notice of violation that the agency issued; list the date, court and case number of any criminal action or civil suit arising out of each Iristance; and set forth the status, outcome or disposition of the citation, notice of violation, criminal action or civil suit, Attach additional sheets as necessary.
9. SECURITY AND SAFEKEEPING
9,I The RFP and the Contract require that the Proposer provide a safe and secure:
Business Office, Primary Storage Lot, Secondary Storage Lot and Police Hold Vehicles Storage Area. Please place an "X" below for each security device or measure in operation for each location:
Business
Office
Primary
Storage Lot
Secondary
Storage Lot
Pol(ce Hold
Vehicle
Storage
Area
XX XX XX XX
XX XX XX XX
XX XX XX XX
8URVElLLANCE
CAMERA
ALARM SYSTEM
FLOOD LIGHTS
PERIMETER
FENCE OR WALL
28 149
XX I xx XX
I
l xx
jLOCK AND KEY
GUARD OR WATCH
PERSON
GUARD DOG
DRIVE-BY
SECURITY
COMPANY
PATROL
fO. RESOURCES AND RESPONF!BJTY
10. I In the past seven years, has your firm or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership, or reorganization? [I Yes X No
If Yes, list the filing 'date, identify the court and case number, describe the facts and circumstances giving rise to each instance and set forth the disposition or current status.
Attach additional sheets as necessary.
10.2 In the past five years, has your firm had any consolidations, mergers, acquisitions, closings, layoffs, or staff reductions?
€ Yes X No
If Yes, list the date and describe the facts and circumstances about each instance. Attach additional sheets as necessary
jl. BfDREJECTIONANDCONTRACTTERtVI[NAT[ON
For the following questions, the term "owner" does not include owners of stock in your firm if your firm is a publicly traded corporation.
11.I Has a government entity or a client ever rejected your firm's bid or proposal for services?
€ Yes X No
150
lf Yes, list the date and describe the facts and circumstances about each instance. Attgch additional sheets as necessary.
1'1.2 Has a government entity or a elient ever determined that your firm is a non- responsible bidder or contractor?
[1 Yes X No
lf Yes, list the date and describe the facts and circumstances about each Instance. Attach additional sheets as necessary.
"11.3 Has your firm ever failed to fulfill or perform a coritract or an agreement with a government entity?
[1 Yes X No
Jf Yes, list the date and describe the facts and circumstances about each instance.
Attach additiona( sheets as necessary.
"11.4 Has a government entity or a client 6ver terminated a contract for tow services with your firm?
€ Yes X No
If Yes, list the date and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
115 ln the past five years, has your firm or any of its owners, partners, officers or employees been convicted of a crime related to the bidding of a government contract, 30 151
the awarding of a government contract or the performance of a government contract? ("Convicted" includes a verdict of guilty by a judge or jury, a plea of gui)ty, 9 plea or nolo contendere or a forf'eitui-e of bail,)
.la-'- "l
€ Yes X No
If Yes, identify the governmerit entity; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach edditiona) sheets as necessary.
'12. BUS[NESS fNTEGRlTY
For the followirig questions, the term "owner" does not include owners of stock in your firm if your firm is a publicly traded corporation. The term "convicted" inctudes a verdict of guilty by a -judge or jury, a plea of guilty, a plea of nolo contendere, or a forfeiture of bail,
12.1 ln the past five years, has your firm or any of its owners, partners, officers or employees been convicted in a criminal action orfound liable in a civil suitfor making false c(aims(s) or material misrepresentations(s) to any government enUty? [1] Yes X No
lf Yes, identify the govemmer*t entity; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the outcome or disposition, Attach additional sheets as necessary.
'12.2 in the past five years, has your firm or any of its owners, partners, officers or employees been convicted of a crime involving embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence or receiving stolen property?
€ Yes X No
If Yes, identify the crime or offense; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed.
Attach additionat sheets as necessary.
152
12.3 To your knowledge, is a govemmerit entity currently investigating your firm or any of its owners, partners, officers or employees for making false claim(s) or material misrepreseritations(s)?
€ Yes X No
If Yes, identify the government entity and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
13. CLAIMS AND SUITS
For the following questions, the term "owner" does not include owners of stock in your firm if your firm is a publicly traded corporation.
13.1 In the past three years, has your firm or any of its owners, partners, officers or employees been a defendant in court on a matter related to:
1 3.'l"l The performance, non-performance, default, or breach of a contract or agreement? € Yes X No
"13.1.2 A vehicle collision or other accident involving your firm's tow truck operator? [1 Yes X No
13.1.3 Bodily injury or personal injury (libe!, slander, false imprisonment) to a customer? [1 Yes X No
I 3.1.4 Employment-related litigation brought by an employee of your firm? € Yes X No
13. 1.5 Payment to a so!icontractor?
[:] Yes X No
If the answer to any of the questions 13%1.1 to "13.L5 above is Yes, identify the name of the person or entity that sued (i.e., "the p]aintiff'); list the date, court and case number; describe the facts and circumstances givir"ig rise to the lawsuit; and set forth the outcome or disposition. Attach additional sheets as necessary.
Please also refer to FORMS - Attachment 2
32 ql 153
13,2 In the last three years, has your firm ever filed a claim for damages or a lawsuit or requested arbitration or mediation against a government entity? € Yes X No
If-Yes, identify the government entity; list the date, court and case number; describe the facts and circumstances about the claim for damages or the lawsuit or both; and set forth t)qe outcome or disposition. Attach additional sheets as necessary.
13.3 Are there any pending or outstanding judgments or liens against your firm? € Yes X No
If Yes, identify the name of the person or entity entitled to payment; list the date, court and case num).>er; describe the-facts and circumstances giving rise to the judgment or !ten; and set forth the arnount of the judgment or lien. Attach additional sheets as necessary.
13.4 For the last four years, state how many operator involved vehicle collisions or accidents occurred with your firm's tow truck operators (whether or not the tow truck was at fau]t):
13.4.1 2024:1
13.4,2 2023:1
13.4.3 2022:1
13.4.4. 2021 :NONE
13.5 For the last three years, state how many customers reported to your firm vehicle damage or theft including the vehicle's contents, while the vehicle was towed or stored by your firm (whether or not your firm believes it was responsible for the loss or damage).
13.5.1 2024:2
154
13,5.2 2023:-2-8 a
13.5,3 2022:-1-7 a
'14, INSURANCE
14,1 A Proposer who is awarded a contract must maintain liability and workers' compensation insurance as indicated below, as more ful)y described in this RFP and the Contract. As part of this proposal, your firm must submit evidence of its current insurance coverage. This information will be used only for the purpose of determining whether the Proposer has insurance to perform the requested services. Contact your firm's insurance company or agent and request a "Certificate of )nsurance" (an ACORD form or equivalent).
Attach the certificate of insurance to this proposal. See 19. ATTACHMENT, Item 19,5, NOTE: Do not add the C/ty to your insurance policy or otherw/se change your current policy or its coverage,
14.2, Please place an "X" below to indicate the type of insurance coverage that your firm now has and list the coverage amounts for each:
Commercial General Liability Coverage: $lMillion
On-Hook Liability Coverage: $500,000
Business Automobile Liability Coverage: $I Million
Cargo Liability Coverage:
Garage Liability Coverage: $500,000
Uninsured Motorist/Bodily lnjury Coverage: )ncluded in Business Auto Liability Garage keepers Liability Coverage: )ncluded in Garage Liability Pollution Liability Coverage:
Workers' Compensation Liability Coverage: Per Statute Excess Liability or Umbrella Coverage: $5 Million
M.3 If your firm is self-insured, identify the liability(s) fisted above for which your firm insures itself and set forth the amount of the self-insured retention (SIR):
Liability: SIR amount:
Liability: StR amount:
Liability: SIR amourit:
34 155
14.4 For the fast three years, state how many bodily injury, personal injury or property damage claims (whether or not yoiir firm believes it was responsible for the loss or injury), filed by customers or third parties, that your firm forwarded to its insurance camer(s).
Include paid and unpaid claims:
14,4.3 2023: 0
"14.4.4 2022: 0
I 4.4,5 202"l : 0
"14.5 In the past five years, has an insurance company or a surety company:
14.5,I Refused to irisure your firm for a type of insurance policy listed in Question
14.2 above?
€ Yes X No
I 4,5,2 Canceled or non-renewed your firm's insurance coverage? [] Yes X No
If the answer to question '14.5.1 or 14.5.2 is Yes, identify the name of the insurance company or surety company; list the date; and describe the facts and circumstances about each instance. Attach additiorial sheets as necessary.
15. CUSTOMER SERVICE COMPLA1NT8 AND DAMAGE CLAJMS Below, please describe the process and procedures that your firm has In place for responding to and resolving: (1 ) Customer comp1aints; and (2) Customer claims for vehicle or contents damage or theft, (You may attach your firm's written policy).
A Complaint Form is available upon request and upon receipt, the Com.p1aint is referred for handling by a Supervisor; the Supervisor promptly reaches out to the complainant to gather informatlon and basis of the complaint; research is conducted, including discussion with personnel involved, review of information related to the services provided and any photos or other documentary evidence; results of research are 'yy' L5'D156
discussed with complainant with the goal for resolution that is both fair and equitable to both parties.
j6. PUBLiC RECORDS EXEMPT INFORtVlATION
Below, please ideritify (by a general description) all copyrighted material, trade secrets or other proprietary inforrnation ("protectable documents") that Proposer has included in the proposal.which Proposer believes should be exempt from disclosure under California's Public Records Act, Government Code Section 6250, et seq, By listing the protectabte documents belOw, Proposer agrees to indemnify, defend, and hold harmless the City, its directors, officials, officers, employees, agents, and designated vo(unteers from and against any action, claim, lawsuit, or proceeding, inclciding costs and expenses, arlsing out of or corinected with the City's refusal to disclose the protectabte documents to any party making a request for those items. The City will treat any Proposerwho fails to identify below protectable documents that Proposer believes shoulcl be exempt from disc)osure, as having waived its right to an exemption from discfosure, as the Public Records Act provides.
Proposer believes ALL iNFORMA1-ION provided in response to Sec, 7. PERSONNEL be deemed exempt from disclosure as confidential personnel identity information on privacy rights of the individual employees, guaranteed by the Constitution,Thisincludes but is not limited to, information responsive to the request for Driver's License, and Resume information. This includes docurner>ts provided in 19. ATTACHMENTS, item j9.6
17, CREDIT AND REFERENCE CHECK
17.1 The City of South Gate may: (1) request credi't reports or investigative reports, or both, about your firm; and, (2) contact the reference, government entities and other persons listed in this proposal. The City of South Gate will use this information to evaluate your firm's financial resources, responsibility and integrity with respect to this proposal, an award of the Contract, or any conti-act renewal. The City of South Gate will treat any information that it obtains now or later as confidential.
I 7.LI Does your firm authorize the City of South Gate to obtain credit and investigative reports about your firm?
X Yes € No
36 <r 157
17.'l.2 Does your firm authorized the references, government entities and other persons listed in the proposal to release information about your firm to the City of South Gate? X Yes € No
18. ADDITIONAL I)NFORMATiQN
Below, please state any other information that yourfirm believes is essential to a complete evaluation of the proposal, If your firrn has no addltiorial inform.ation, please state below:
IIOur firm aoes not have any additiona/ information to present," Beyond the towing and storage services provided to the City, Mr. C's considers itself a real part of the community and has been a loyal partner to and with the South Gate community,
During COVID Mr. C's provided food to families week!y by providing a truck to pick up and deliver food to those in need and the labor to load and pass out the food. For at least 5 years, Mr. C's has purchased 300 turkeys minimum each Thanksgiving, de)iveririg 10 turkeys to each school, with the bafance delivered to those families identified. Mr. C's has regularly sponsored tables at the Annual Thanksgiving Dinner at the Auditorium feedi'ng up to 500 people. Mr. C's has been involved in various ways with community events, including Pageant of the Trees, State of the City, Santa COP, the Christmas Parade, Rotary Golf Tournament, Muti-Cultural Womens events, Friends of South Gate Park, South Gate POA, Churches in Action Prayer Breakfast Sponsor, Baker To Vegas, California Latino Leadership, POA LA County Awards Banquet, Relay For Life, Jr. Athletic Association, SGPD Family Violence, SG Police Athletic League, Police Explorers, purchased bikes for students at SG Middle School, and others.
While this list is not all inclusive, suffice it to say, Mr. C's gives back as a community member and has always been willing to reach into its pocket, whether it is for the things mentioned above or providing vehicles for Police Training use or working Check Points, translating to more than $150,000 invested in the cornmunity, and done so to benefit the community in which we work.
19. ATTACHMENTS
Certain sections of the Proposal Forms requested photographs, insurance certificates and further exp[anations if your firm answered "yes" to a question. For each attachment that is a part of this Proposal, please !ist and describe the attachment (e.g., "W3 photographs of our tow trucks" or "Explanation concerning questions 9.3-2 pages." If your firm has no attachments, write "None" on 19,1 ).
Our firm declares that the attachments listed below are added and are made a part of this Proposal in order to fully and accurately respond to the RFP:
19.1 Sec. 3 LICENSING - 3.2 List of additional licenses held by Proposer
19.2 Sec. 4 EXPERIENCE/PERFORMANCE 4.5 List of all towing entities/related information as requested
158
19.3 19.4
19.5 Sec. 5 FACILITIES Photos (a)-(e) of Primary/Secondary Lots Sec. 6 EQUIPMENT Photos of tow vehicles and other equipment used Sec, 141NSURANCE Certificate of Insurance
19.6 Sec. 7 CONF)DENTIAL PERSONNEL INFORMATION
20. UNDER THE PENALTY OF PERJURY, PROPOSER CERTIFIES THAT:
A. This proposal is genuine, is not a sham or collusive, and is not made in the interest of or on behalf of any person, partnership, corporation, firm, organization or another entity not named or disclosed in the proposal; B, All facts and statements in the proposal are completely true, accurate and correct.
C. By signing this proposal, each iridividual below represents and warrants that the individua!:
(1 ) Has the right, power, legal capacity and authority not only to sign this Proposal on the Proposer's behalf, but also to bind the Proposer to this Proposal; and,
(2) Binds the Proposer to this proposal.
PROPOSER
NarnX
GENERAL MANAGER
Tltle
Address: 4421 Mason Street
South Gate, CA 90280
Telephone: Office: 323-249-0575;
Cell: 323-807-3515
38 159
FORMS
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Insurance Requirements CheckList
Civil LitJgation History/CiviL Liti@ation Certification Crmiinal Convictions Certification
False CLalms/False Claims Act Certification
[Notarized] Nori-Collusion Affidavit
Campaign Contribution Disclosure Form
160
ATT ACHMENT 1
, ,/ - -. X
INSURANCE REQUIREMENTS CHECKLIST
(POLICE ORDERED Towinc & STORAGE SERVICES RFP)
MR. C'S TOWING OF SOUTH GATE
TOW OPERATOR:
Minlmum Insurance Requirements. As of the date of proposal submission, proposers must demonstrate insurance coverage amounts which meet or exceed the insurance coverage requirements specified in Section Vl of the RFP and Section 8(A) of the sample agreement attact'ied as Exhibit A of this RFP. City reserves the right to reject any proposal which does not dernonstrate that the proposer meets the minimum insurance requirements ofthe RFP. ). General Liability Insurance - minimum requirements met? X yes no
notes:
II. Commercial Automobile Liability Insurance - minimum requirements met? X deS no
NOTES:
Ill, Professional Liability (Errors & Omissions) - minimum requirements met? yes nO
notes:
IV. Workers' Compensation Insurance - minimum requirements met? X yes no
notes:
161
ATTACHMENT 1
V. Garage Keepers Legal Liabtlity - minimum requirements met? x yes no
notes:
Vl. Umbrella or Excess Liability - minimum requirements met? x
notes:
Vll. Acceptability of Insurers -
2iyes
notes:
Reviewer's Notes: (Typed on additional page or hand written below) Review Completed by:
Date/Time
162
ATTACHMENT 2
/%i,
CIVIL Lniep-riot'g HISTORY/
CIVIL LITIGATION CERTIFICATION
(POLICE Opoena:i TOWING & Sronqce SERVICES RFP)
Proposer shall provide either the certification requested be!ow or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive, Failure to fully and accurately proyide the requested certification or information may result in a determination that the Proposer is not responsible and City may reJect the proposal on this basis as wel(. For the five (5) years preceding the date of submitta1 of this Proposal, identify any civil litigation arislng out of the performance of a towing and storage services within the State of California in which any of the following was a named plaintiff or defendant in a lawsuit brought by or against the entity soliciting Proposals: the Proposer submitting the instant Proposal including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do notinclude litigation which is limited so!ely to enforcement of mechanics' Ilens or stop notices. Provide on the following page labeled "Civil Litigation History Information:" (i) the name and court case identification number of each case, (ii) the jurisdiction in which it was filed, and (iii) the outcome of the litigation, e.g., whether the case is pending, a Judgment was entered, a settlement was reached, or the case was dismissed,
CIVIL LITIGATION CERTIFICATION
If the Proposer has no civil litigation history to report as described above, complete the following:
1, ,amthe
(Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of (hereinafter, "Proposer").
(Print Name of Proposlng Entity)
In submitting a Proposal to the City of Bell Gardens for Police Ordered Towing & Storage Services, 1, hereby certify that neither Proposer nor any person wlio is an officer of, in a managing position with, or has an ownership interest In Proposer has been involved in civil litigation as described, above.
I declare under penalty of perjury that the foregoing )s true and correct, Executed this day of at
(month end year) (city and state)
bn/
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer) ",y'
(,1 163
ATTACHMENT 3
CRIMINAL CONVICTIONS CERT(FICATION
(POLICE Opoeseo TOWING & STORAGE SERVICE8 RFP)
Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determtnation that the Proposer is not responsible.
For the five (5) years preceding the date this Proposal is due, identify on the following page any criminal conviction in any jurisdiction of the United States for a violation of law arising out of towing and storage services by the Proposer submitting thls Proposal, including any person who is an officer of, or in a management position with, or has an ownership interest In the contracting entity which is submitting this Proposal. Provide on the following page labeled "Criminal Convictions Information:" (1 ) the date of conviction, (2) the name and court case identification number, (3) the identity of the law violated, (4) the identity of the prosecuting agency, (5) the contract or proJect involved, (6) the punishment imposed, and (7) any exculpatory information of which the City should be aware,
CRIMINAL CONVICTIONS CERTIFICATION
lf the Proposer has no criminal convictions to report as described above, complete the following:
i, JERRY BROWN, GENERAL MANAGER , hereby certify that neither (print name of owner, officer, manager, orlicensee responsible for submission of Proposal) MR. C' S TOWING OF SOUTH GATE
(Proposer name as shown on Proposal)
has been convlcted of a crimlnal violation as described above. bV
(s
164
ATTACHMENT 3
CRIMINAL CONVICTIONS )NFORMATION
(1) Dateofconviction:
(2) Name of case:
Court case identificatlon number:
(3) Identity of the law violated:
(4) Identity of the prosecuting agency:
(5) Contract or project involved:
(6) Punishment imposed:
(7) Exculpatory Information:
Declaration: l declare under penalty of perjury that the above Information is true and correct.
Executed this day of
(month and year)
at
(city and state)
(slgnature of owner, offlcer, manager, or licensee responsible for submission of Proposal) 165
ATTACHMENT 4
FALSE CLAIMS/FALSE CLAIMS ACT CERTIFICATION
(POLICE ORDERED TOWING & STORAGE SERVICE8 RFP)
Proposer shall provide either the certification requested below or the information requested on the next page. Failure to certify or provJde the requested information may result in a determination that the Proposer is non-responsive and City may reject the proposal on this basis. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may rejed the proposal on this basis as well, "False Claims Acf', as used herein, is defined as either or both the Federal False Claims Act, 31 u.s.c. Sections 3729 et seq., and the California False Claims Act, Government Code Sections 12650 et seq.
FALSE CLAIMS ACT CERTIFICATION
If the Proposer has no False Claims Act violations as described above, complete the fo[lowing:
1, JERRY BROWN , am the GENERAL MANAGER
(Print name of person responslble for submitting proposal) (Title with proposing entity) of MR. C'S TOWING OF SOUTH GATE
(Print Name of Proposing Entity)
(hereinafter, "Proposer").
In submming a proposal to the City of Bell Gardens, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer )ias been determined by a court or tribunal of competent jurlsdiction to have violated the False Claims Act as defined above.
I declare under penalty of perjuiy that the foregoing is true and correct.
Executed this i6 day o( August, 2024 a( South Gate, Californ /1 . (month and year) (city and state)
a( South Gate, California
0 166
ATTACHMENT 4
FALSE CLAIMS ACT VIOLATIONS INFORMATION
(1) DateofDetermlnationofViolation:
(2) Identlty of tribui'ial or court and case name or number, if any:
(3) Government Contract or project involved:
(4) Government agency Involved:
(5) Amount of fine Imposed:
(6) Exculpatory Information:
DECLARATION
1, ,the
(Print name of person responsible for submitting proposal) (Title with proposing entity) of (hereinafter,"Proposer")
(Print Name of Proposing Entlty)
declare urider penalty of perJuiy that the above information is true and correct.
Executed this day of at
(month and year) (city and state)
By
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer)
END OF DOCUMENT
yl 167
ATTACHMENT 5
NON-COLLUSION AFFIDAVIT
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
State of California
County of Los Angeles
JERRY BROWN
(print name of person)
being first duly sworn, deposes and says that he or she is General Manager
(prlnt tltle of person)
oj MR. C'S TOWING OF SOUTH GATE
(print name of flrm)
, the party
submitting a proposal for the awaiad of a Towing Services Non-Exclusive Franchise Agreement for the City of Bell Gardens, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not col!usive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly co!luded, conspired, connived, or agreed with any proposer or anyone e)se to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communlcation, or conference with anyone tO fiX the terms Of the proposal, including the amount tO paid tO the City Of Bell Gardens in the form of franchise fees, permit fees and other forms of compensation, or to fix any overhead, profit or cost element of the proposal, or of that of any other proposer, or to secure any advantage against the public body awarding the Franchise agreement to anyone interested in being awarded a towing and vehicle storage services franchise; tl'iat all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submltted its proposal or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid,andwillnotpay,anyfeetoanycorporation, a company,essoclation,organization or to any member or agent thereof to effectuate a coil sham proposal. [NOT ARY ACKNOWLEDGEMENT TO FOLLOW]
168
ATT ACHMENT 5
/\/eu qJci.
STATE OF m )
c (-4rJ ) 88:
COUNTY Or LOG ANCEL[(S )
Subscrlbedandswornto(orafflrmed)beforemethis dayof
2024,
In witness whereof I have hereunto set my hend and affixed my official seal the day and year in thls certificate first above written.
(SEAL OF NOTARY) <-'s4'2s-;d8ig5'i.4.re of Navy)
t'tai'<,4 ,.zjl4;g ,,44J.risa,>
prl'nted Name of Notary)
END OF DOCUMENT
169
ATTACHMENT 6
CAMPAfGN CONTRIBUTION DISCLOSURE FORM
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
Cities are subject to the campeiign disclosure provisions detailed in Government Code § 84308 California Government Code § 84308, commonly referred to as the "Levine Act," precludes an Officer of a local government agency from participating in the award of a contract if lie or she receives any political contributions totaling more tlian $250 in the 12 months preceding the pendency of the contract award, and for "12 months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the Officer, or received by the Officer on behalf of any other Officer, or on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of such contributions by a partyto be awarded El specified contract. Please referto the attachment forthe complete statutory language.
1. Application for:
Cl License
a Permit
2< Franchise
a Mills Act or Development Agreement
a Contract (Professional Services, Construction Services, Maintenance, Public Works, etc.) a Lease
a Other Entitlement'
2. Haveyouoryourcompany,oranyparticipantoragentonbehalfofyouoryourcompany,made any political contributions of more than $250 to any City Councilmemberor Commissioner within the preceding 12 months?
YES 0 NO ]
3. Date of the City Council or Commlssioner Meeting when proceedlng will be considered? (if known and if applicable):
4. IsthisasupplementtoapreviouslysubmittedCampaignContributionDisclosureFormforthe proceeding?
YES € NO [D
a "LicellSe, permit Or Other entitlement for wei" means all bu8ille8S, professional, trad6, and landuselicenses alldperrnits and all other entttlements 'for use, im,luding all entitlements for land use, all contracts (other than competitively bid, labot, or personal employment contracts) and all franchises. 170
Ifyes, what is the date ofthe previously submitted form:
5. Is this a correction to a previously submitted Campaign Contribution Disclosure Form for the proceeding?
YES € NO 129
If yes, what is the date of the previously submitted form:
Provide a brief explanation of correction:
6. CONTRIBUTIONS
Name of City Councilmember or Commissioner receiving contribution: NONE Submit separate forms for any contributions made to other City Councilmembers or Commissioners, Only one (1) City Councilmember or Commissioner may be listed per form,
Complete the table below with all contributions made by the party, participant or their agent with whom contributions must be aggregated of more than $250. If you have more than five contributions to report, please submit a supplemental form.
Name of Party Name of Participant or Agent
Making Contribution
Date of
Contribution
Amount of
Contribution
1. 2.
3. 4.
5. Total Contributions 0.00
By signing below, I certify under penalty of perjury that the statements made herein are true and correct to the best of my knowledge.
Name: JERRY BROWN
Email: [email protected]
Phone: 323-807-35"l5
Date:
Signature:
Answering yes to the questions above does not preclude the of Bell from awarding an application or contract to your firm. It may, however, precl the identified City Councllm@mber or Commissioner from particlpating in the application or contract award process for this contract. a.
171
California Government Code Section 84308
(a) The definitions set forth in this subdivision shall govern the interpretation of this section. (al) "Party" means any person who files an appllcaffon for, or is the subject of, a proceeding invo)ving a license, permit, or other entltlement for use.
(2) "Partlcipanf' means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a flnancial Interest In the decision, as described in Artlcle 1 (commenclng with Section 87100) of Chapter 7. A person actlvely supports or opposes a particular declsion In a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to Influence offk,ers of the agency.
(3) "Agency" means an agency as defined in Section 82003 except that it does not Include the courts or any agency in the judicial brancl'i of government, the Legislature, the Board of Equalization, or constitutlonal offlcers. However, this section applies to any person who is a member of an exempted aqency but Is acting as a votlng member of another agency.
(4) "Officer" means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. (5) "License, permit, or other entltlement for use" means all business, professional, trade, and land use licenses and permits and all other entltlements for use, includlng all entltlements for land use, all contracts (other than competitively bld, labor, or personal employment contracts), and all franchises. (8) "(:'ontrlbution" inciudes contributions to candidates and committees in federal, state, or local elections. (b) While a proceeding Involving a license, permlt, or other entitlement for use Is pending, and for 12 months following the date a finel decision is rendered in the proceeding, an officer of an agency shall not accept, sollclt, or direct a contributlon of more than two hundred fifty dollars ($250) from any party or a party's agent, or from any participant or a participant's agent If the officer knows or has reason to know that the participant has a financial Interest, as that term is used In Article 1 (commenclng with Section 87100) of Chapter 7.
Thls prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution on the officer's own behalf, or on behalf of any other officer, or on behalf of any candldate for office or on behalf of any committee.
(c) Prlor to rendering any decision in a proceeding Involving a license, permlt, or other entitlement for use pending before an agency, each officer of the agency who recelved a contribution withln the preceding 12 months in an amount or more than two hundred fifty dollars ($250) from a party or from any participant shall disclose that fact on the record of the proceedlng. An officer of an agency shall not make, partlcipate In maklng, or In any way attempt to use the officer's official position to influence the decislon In a proceedln(;l involving a license, permit, or other entitlement for use pending before the agency if the officer has willfully or knowingly received a contribution in an amount of more than two hundred fifty dollars ($250) within the preceding 12 months From a party or a party's agent, or from any participant or a participanfs aqent if the officer knows or has reason to know that the participant has a financial interest In the decislon, as that term is described with respect to publlc officlals in Article I (commencing with Section 87'l00) of Chapter 7. (d) (1) If an officer receives a contribution which would otherwise requlre disqualification underthis section, and returns the contribution within 30 days from the time the officer knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, the officer shall be permltted to participate In the proceeding.
(2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than two hundred fifty dollars ($250) during the al 2 months after the date a final decision Is rendered in the proceedlng in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of two hundred fifty dollars ($250), within al4 days of acceptlng, soliciting, or directing the contributlon, whichever comes latest.
(B) An officer may cure a violation as specified in subparagraph (A) only if the offlcer did not knowingly and willfully accept, solicit, or direct the prohibited contribution. (C) An officer's controlled committee, or the officer if no controlled committee exists, shall malntain records of curing any violation pursuant to this paragraph.
(e) ('i)A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution In an amount of more than two hundred fifty dollars ($250) made wlthin the preceding 12 months by the party or the party's agent. (2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pendlng before any agency or a par[k.ipant, or agent to a participant, in the proceeding shall not make a 172
contribution ofmora than (wo hundred flfty dollars ($250) to any officer of that agency during the proceeding and for "12 months following the date a final declslon is rendered by the agency in the proceeding. (3) When a closed corporetion is a party to, or a participant In, a proceeding Involving a license, permit, or other entitlement for use pendlng before an agency, the majority shareholder Is subject to the disclosure and prohibition requirements specified in this sectioi'i. (f) This section shall not be construed to Imply that any contributlon subject to being reported under thls title shall not be so reported.
For more Information, contact the Fair Political Practices Commission, 428 J Street, Suite 800, Sacramento, CA 96814, (916) 322-5660.
(,"l 173
19. ATTACHMENTS
i9.l Sec. 3 LICENSING
!9.2 Sec,4EXPER)ENCEANDPERFORMANCEHISTORY
")9,3 Sec. 5 FACILITIES PHOTOS
19.4 Sec.6EQUIPMENTPHOTOS
19.5 Sec.14!NSURANCE
19.6 Sec. 7 CONFIDENTIAL PERSONNEL INFORMATION
174
191 L censing
In addition to those licenses listed in the space provided, Mr. C's maintains the following business licenses, all of which are current and in good standing:
City of BeLL Business License
City of Bell Gardens Business License
City of Carson Bu'siness License
City of Commerce Business License
City of Compton Business License
City of Cudahy Business License
City of Downey Business License
City of Gardsna Business License
City of Hawthorne Business License
City of Huntin@on Park Business License
City of Lynwood Business License
City of Pico Rivera Business License
City of Pico Rivera Business License
City of South Gate Business License
CityofVernon Business License
175
I
19.2 ExperienceandPerformanceHistory
4.5 The fOllOWing iS a tilt Of Agencies far whim Mr. C'S performs tOWin@ and storage serViC8S, the majority OfWhiCh were through RFP 8et8Cti0n process and/or under contract, AGENCY LOCATION/PHONE SERVfNG SINCE
City of BeL[ Police Dept
ChiefCarLos Isla
BelL
(323) 585-1 245
20"l4 - present
California Highway Patrol
MichelLe Reinert
Westminster
(714) 892-4426
1987 - present
California Highway Patrol
(Evidence Contract)
MicheLle Reinert
Westminster
(714) 892-4426
1995 - present
California Highway Patrol
Martin GonzaLes
East Los An@etes
(323) 980-4600
2003 - present
City or Commerce
Ralph Vivero
Commerce
(323) 722-4805 x2293
2017 - present
City of Huntington Park
Lt. ALfred Martinez
Huntington Park
(323) 584-1 254
2016 - present
La Palma Police Dept
ChiefTerry Kim
La Palma
(714) 690-3380 ,l. 1991 - present
Los Alamitos Police Dept
Chief Eric R. Nunez
Los A[amitos
(562) 594-7232
1987 - present
Los AngeLes Sheriff's Dept
Officer Bash
East Los Angeles
CeLl (562) 477-31 80
201 8 - present
t_os A;'geles Sheriff's Dept
Officer Bash
Hawaiian Gardens
(562) 623-3500
1997 - present
City of Lynwood
JD Whitaker
Lynwood
(3"l O) 735-6062
201-7 - present
Orange Co. Auto Thsft Task Force Where needed
(714) 634-1385
i 1994 - present
Seal Beach Po(ice Dept
Sgt. Ezro
Seal Beach
(562) 799-4100
1992 - present
I
Signa( Hill Police Dept
ChiefWayne Byerley
Signal Hill
(562) 989-7200
1994 - present
South Gate Police Dept
I Chief Darren Arakawa
South Gate
(323) 563-5400
2002 - present
I
City of Vernon Police Dept
Chief Robert Sosa
Vernon
(323) 587-5171
5 U2018 - present
/70176
19.3. Facilities
5,1 Thefollowingphotosfol!owtheordersetforthintheRFPforthePrimaryStorage Lot:
(a) Business Office
(b) Customer Waiting Area
(c) SecureArea For Police Hold Vehicles
(d) Primary Storage Lot
(e) Secondary Storage Lot
(f) Disposa) Lot - not applicable as such lot does not exist lt 177
PRIMARY LOT PHOTOS
Business Office (Dispatch)
Customer Waiting Area
Secure Area Police Hold
Primary Storage Lot
3 photos
2 photos
2 photos
2 photos
178
o
179
I t'.'i
180
,eOlll0 sseuisnB
181
Customer Waiting Area
182
1'7
Customer Waiting Area
183
I
o
O.,I
C;'Q
184
185
'80
Primary Storage 186
Primary Storage 187
SECONDARY LOT PHOTOS
Business Office (Dispatch)
Customer Waiting Area
Secure Area Police Hold
Primary Storage Lot
3 photos
2 photos
2 photos
3 photos
188
o
189
o
.!'9
r P U
190
0 o
a#:
0 a)
1. . " = i
'iii:xi
;itpl
illll
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191
a
0 192
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iHalls:TINGTONPAH)1110 57)tl STI SO 8gl) SOSllfi Sit!i SO Sflfl S0 LOSANGELlS SU9 543 Sli5 Sli!i S(I
VERHOII PD 8115 S b? SO SFIO 50
Customer Waiting Area g-l193
"jKoplJg/%/l e01/ue3 JeuJO:lSnO
7a'aall(yli)ait
194
195
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ai" 1%
'b,l' 5",.
.l, . 1,
196
l'5 pye4 eoeyo)B
197
4' pye7 ee5aio)3
198
i.i= r
Storage Yard,5
199
19,4 EQUIPMENT
Photos of Tow Trucks/Equipment
Flatbed: Units 5 and 6
Class A: Units 2, 3, 4, 7, 9, 10, 11, 12
C(ass B: Unit 8
Class C: Units 14, 15
Vehicle Lift
Forklifts
lgi
200
====';;
201
0'\)
202
l( '
5. 0
0 C41
203
204
'; t'l;>=
mill
C{'4
205
0 0
s i i Xa J'a-"'
206
0 207
208
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209
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210
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2 0
0 211
0 0
l '{ l xi, l.l
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212
'# - 'i!
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51R\1U
UNIT#0014
213
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214
215
011
216
AiOR' CERTIFICATE OF LIABILITY INSURANCE CAT"(MMI"Di 's 08/10/2024
THIS CERTIFICATE IS 188UED 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 CIF INSURANCE DOES NOT CONSTlTtlTE A CONTRACT BETWEEN THE ISSUING INSURER(Si AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIF!CATE HOLDER.
IMPORTANT; )fthacertifk,ateho(dertsanADDITIONALINSUREDithepolicy(leg)musthaveADDITIONALINSUREDprovtstonaorbeandorsed.
If SUBROGA'TION IS WA)VED, 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 ileu of suet -i id : rsement(s) EllkeCommerclallnsuranceSetvlces,Inc. I'%g:1,,,,xi,,(BOB)444-1426 7Wliyoli 4902AggenRd. '%;8D".2,ss', [email protected] Somis
1N8UR € D
CA 93066
vr. C's Towlng ol South Gate, Inc. Fubar Propertles, LLC. 4421 Mason Street
INILIRERISIAFPDRDIN(i C,OVERAtiE
INSURER A : AmGuard Insurance Company
1HB(lp5H B : Burl:ngtOn Insurance Company
INSLlRffR (:,, Insurance company ofthe We,l
lN8uRER D
NAIC #
42390
23620
27847
lN8uRER E i
South Gate CA 90280 lN8uRER F i
COVERAGE8 (,ERTIFICATE NLIMBER: CL2481002654 REVISION NUMBER:
THIS IS TO CERTIFY THATTHE POLICIES OFINSURANCE LISTED BELOW HAVE BEEN 18SUED TO THE INSuRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANYREQLIIREMENT,TERMORCONDITIONOFANYC:ONTRACTOROTHERDOCLIMENTWITHRE8PE:,TTOWHICH'THIS CERTIFICATE MAY BE 188UED OR MAY PERTAIN. THE INSLJRANCE AFFORDED BY THE POLICIES DESCFIIBED HEREIN IS SUBJECTTO ALL THE TERM8, EXCLL1810N8 AND CONDIT10N8 0F 8LlCH Pa-U-IE:3. LIMff8 SHOWN tAAY HAVE BEEN REOu(ED BY F'AIO CLAIMS. 1N8R
LTR TYPE OF INSIIRANCE
AOL)L
1N8D
gUBR
WD POLICY NUMB5R
POLICY EPF
(MMID!)ffYYY)
POLII.Y PXP
IMMIDOIYYYYI ulMITS
A
'X C:OMM!RCIAL (iffNERAL LIABILITY
lcuivs-vxoe [gi occup
Y K2GP529240 03/01/2024 03/01/2025
EACH OCCURREN(.E $ I ,000,000
DA
PR
s AGff TO RENTED
MISEi8 (Ea occuirencei $ 400,000
M€D EXP (Any one peiaonl $ 6,000
PERSONAI & ADV INJURY $ 1,000,000
GEN'L ACiGREGATE L1M1TAPPLIE8 PER:
_E1;;;€ !5'i€ coc
GENERAL AGGREGATE $ 3,000,000
PRODUCTS - COMP/OP AGG $ 3,000,000
$
All'a'OMOBILH LIABILIT'l
nhiyyau'ro
-' OWNED
-2S 'A:"o" Oo"N'L'Y m"' "A"T"o05""o"%""Leo
Y t<:.epi:_g:>ao (13/01/2024 03/01/202B
COMEIINEO 81NGLE LIMIT
(Ee accldent) $ 1,000,000
sODILY INJURY (Pet person) $
BODILY INJURY (%r nccldem) s
PROPERTY DAMA0E
(Per accldent) 6
unlnauted motorist Bl @ 60,000
B
X UMBRELLA 11AB
EXCESS LIAB
x OCCLIR
CLAIMS-MADE 644B1408724 08/10/2024 03/0112025
EM,H OCCURRENCE $ 5,000,000
AGGREGATE $ 5,000,000
D€D ) I RETENTI)N $ $
c
WO}:K5R8 (,OMPEN!iATION
AND EMPLOYERS! LIABILITY Y , N
'=i=':4'o'X'4'i:';":=ECuT'VE a(Mandaloiy In NH)
If yes, descilba under
DESCRIPTION OF OPERAT10N8 below
NfA WVE 502al005 12 04/01/2023 04/01/2024
IS!TuTEI I 'EX"-
E.L. EACH ACCIDENT $ 1,000,000
t_.t_. Dl8EAaE - EA EMPLOYEE $ 1,000,000
E.L. DISEAS[: - POLICY LIMrT $ i(100,000
A
GARAGEKEEPERS LEGAL LIABILITY
ON-HOOK r CARGO K2C,P529240 03/01/2024 03{01/2025
$500,000 LIMS
1001</250KJ300K/BOOK
$500/$2,500 DED
. $5,000 DEDS
088(:RIPTIONOPOPERATION8iLOC:ATIONS{VEHICLE.8 IACORDI01,AddlllonalRemarks8tthedule.maybballaahedPmones;>aiiolaroqulredi CIT/ OF SOUTH GATE, ITS OFPICERS, OFFICIALS. EMPLOYEES AND VOLUNTEERS IS ADDITIONAL INSLIRED WITH RESPECTS TOTHE
GENERAL LIABILITY AND AUTO LIABILITY
1) 4421 Mason Street. South Gate, CA902B0 - $500,000 Limit. 2) 6al05 Maywood Avenue, Hunllngfon Park, CA9C1255 - $500,00Ci Limit. a) '10821 Bloomfleld Street. Los Alamllos, CA 90720 - $500,000 Llmlt. 4) 10842 Kyle si., LosAlamltos, CA, 9C1720 - $500,000 Llmlt 5) 6069 Maywood Ave., Huntlngton Park, CA 90256 - $600,000 Llmil.
CERTIFICATE HOLDER CANCELLATION
CITY OF SOUTH GATE
86500 CALI FORNIA AVE.
SouthGake CA 90280
I
8HOULD ANY OF THE ABOVE Dffi8CRIBED POLR,IE8 BE CANCELLED El!J-OR! THE EXPIRATION DATE THEREOF, NOTICE WILL BEi DELIVEFIED IN ACCORDANCE WITH TH! POLICY PROV(S10N8.
AUTHORIZeD REPRESENTATIVE
('max&
ACORD 25 (201 (!03)
@ al988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are rsglstered marks ofACORD 217
Attachment C
South Gate Police Department
Administrative Division
Staff Report
To:
From:
Date:
Subject:
Services
Captain E. Perez
Lieutenant J. Chavez
August 30, 2024
Recommendation for Mr. C's Towing for Vehicle Towing and Secured Storage Introduction:
This staff report outlines the South Gate Police Department's Traffic Bureau recommendation to approve a Vehicle Towing and Secured Storage Services Agreement with Mr. C's Towing, Inc. This recommendation is based on a comprehensive evaluation process conducted in accordance with the Request for Proposal (RFP) procedures. Mr. C's Towing was the sole bidder, and the report provides a detailed account of the review and selection process.
Backqround:
The City of South Gate, recognizing the need to ensure professional and reliable towing services, issued an RFP for Vehicle Towing and Secured Storage Services on July 15, 2024. The RFP process was designed to identify a qualified service provider capable of meeting the city's towing and storage requirements. The key timeline for the RFP process was as follows:
* RFP Issuance Date: July 15, 2024, made available on the City's website and from the City Clerk's Office.
* Pre-Proposal Conference: A mandatory conference was held on July 22, 2024, at City Hall to discuss RFP requirements and answer questions.
* Deadline for Questions: July 29, 2024, with all inquiries submitted in writing. * Responses to Questions: Issued on August 5, 2024. * Proposal Submission Deadline: August 15, 2024.
Evaluation Period: August 20-30, 2024.
From the Desk of Lt. James R. Chavez
South Gate Police Department
8620 California Ave, South Gate, CA 90280