CONTRACT 6775 Maintenance and Repair AgreementAgreement No. 6775
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
SEA CLEAR POOLS, INC.
GM 23-07: ON -CALL POOL MAINTENANCE SERVICES
PROJECT
This MAINTENANCE AGREEMENT ("Agreement') is made and entered into this 18`h
day of July. 2023. by and between the CITY OF EL SEGUNDO. a general law city and
municipal corporation ("CITY") and SEA CLEAR POOLS, INC., a CALIFORNIA
CORPORATION ("CONTRACTOR").
The parties agree as follows:
I. CONSIDERATION.
A. As partial consideration. CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, Exhibit "A".
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement,
C. As additional consideration. CITY agrees to pay CONTRACTOR not to exceed
Fifty Thousand dollars ($50.000.00) rates set forth in the attached Exhibit "A"
which is incorporated by reference, for CONTRACTOR's services. CITY will
pay such amount promptly, but not later than thirty (30) days after receiving
CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from July 18, 2023 to June 30. 2024. This term
may be amended by mutual written consent of the parties, as specified in Section 19.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities.
and all tests, testing and analyses, calculation, and all other means whatsoever.
except as herein otherwise expressly specified to be furnished by CITY. necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
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Agreement No. 6775
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It
is CONTRACTOR's responsibility to interpret and implement any prevailing
wage requirements and CONTRACTOR agrees to pay any penalty or civil
damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage determination at
http://www.dir.ca.Zov/DLSR/PWD. CONTRACTOR must post a copy of the
prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and
3098 concerning the employment of apprentices by CONTRACTOR or any
subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate
must also fix the ratio of apprentices to journeymen that will be used in the
performance of the contract. The ratio of apprentices to journeymen in such cases
will not be less than one to five except:
i. When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days before the
request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
ii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis state-wide
or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR employs
registered apprentices on all of his contracts on an annual average of not
less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds established for
the administration of apprenticeship programs if CONTRACTOR employs
registered apprentices or journeymen in any apprenticeable trade on such
contracts and if other contractors on the public works site are making such
contributions.
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vi. CONTRACTOR and any subcontractor must comply with Labor Code §§
1777.5 and 1777.6 in the employment of apprentices.
vii. Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to
each worker employed in connection with this Agreement. The record will be
kept open at all reasonable hours to the inspection of the body awarding the
contract and to the Division of Labor Law Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
i. Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
i * Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. if services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
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Commercial general liability:
Business automobile liability
Workers compensation
$2,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
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to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, reasonable
attorney's fees and penalties), injuries, or liability, arising out of this
Agreement, or its performance including, without limitation, damages or
penalties arising from CONTRACTOR's removal, remediation, response or
other plan concerning any Hazardous Waste resulting in the release of any
hazardous substance into the environment, except for such loss or damage
arising from CITY's sole negligence or willful misconduct. Should CITY be
named in any suit, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out of this
Agreement, or its performance, CONTRACTOR will defend CITY (at
CITY's request and with counsel satisfactory to CITY) and will indemnify
CITY for any judgment rendered against it or any sums paid out in
settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of
the State of California and that if any portion is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any approval
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of said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: Attn: Jorge Prado
City of El Segundo
350 Main Street
El Segundo, CA 90245
Tel. no.: (310) 524-2713
Email: jprado@elsegundo.org
To CONTRACTOR: Attn: Bill Szieff
Sea Clear Pools, Inc.
23316 So. Normandie Ave.
Torrance, CA 90504
Tel. no.: (310) 891-3073
Email: bszieff@seaclearpools.com
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
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Agreement No. 6775
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
20. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any
number of separate counterparts, and all such counterparts so executed constitute one Agreement
binding on all Parties notwithstanding that all the Parties are not signatories to the same
counterpart. In accordance with Government Code § 16.5, the Parties agree that this Agreement,
Agreements ancillary to this Agreement, and related documents to be entered into connection
with this Agreement will be considered signed when the signature of a party is delivered by
electronic transmission. Such electronic signature will be treated in all respects as having the
same effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice to
proceed, the provisions of this Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
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Agreement No. 6775
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. To the
extent that there are additional terms and conditions contained in Exhibit "A" that are not in
conflict with this Agreement, those terms are incorporated as if fully set forth above. There are
no other understandings, terms or other agreements expressed or implied, oral or written.
[Signatures on next page]
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IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CITY OF EL SEGUNDO
w
Darrell George,
City Manager
ATTEST:
\Ipvtq'
Tracy Weaver, �—
City Clerk
APPROVED AS TO FORM:
MARK HENSLEY, City Attorney
By: \,
Joaquin V
Deputy City Attorney
SEA CLEAR POOLS, INC.
CNarr�
Title:
11 I Q i f
Taxpayer ID No. 57- Qj jp,?7,6
Contractor State
License No.: 07 7t
Contractor City Business
License No.: 0 QQ (Q 3
City of El Segundo Maintenance Agreement (with Prevailing Wage)
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EXHIBIT A Agreement No. 6775
Sea Clear Pools,. Inc.
23316 So. Normandie Ave. Torrance CA
T-(310) 891-3073 F- (310) 891-3079
June 8, 2023
Jorge Prado
City of El Segundo
Public Works Department
150 Illinois St
El Segundo CA 90245
RE: City of El Segundo pool service: Wiseburn plunge service with weekly and monthly
broken out:
Dear Mr. Prado:
Thank you for working together this past year at the Wiseburn Plunge. We welcome the
continuation of the pool service
Overview and summary. All prices are listed as: Weekly/Monthly:
Wiseburn: Weekly / Monthly
a 3 times M-W-F per week service
$ 1,050.00 / $4,490.00
a 5 times M-F per week service
$1,550.00 / $6,690.00
6 times M-Sat per week service
$1,775.00 / $7,690.00
Pool equipment service details. This includes all basic weekly servicing of the pool
equipment located in the mechanical and chemical rooms. The pump/motor, hair and
lint trainer, pool filters, heaters, chemical controller, its probes and safety switcher, the
VFD that controls the pump and motor, and both the chlorine and acid tanks and their
individual injection pumps.
Pool Services to include:
Per service visit:
Check in with the any City personnel (as possible and if they are available on site) to
make sure communication of issues and concerns is addressed promptly and
communicated effectively.
Provide and maintain accurate on -sight hard copy log book and an electronic version
(that we will store and maintain for you). Hard copies to be stored on site of all readings
and adjustments made as well as any repairs or equipment maintenance performed.
Agreement No. 6775
Take manual pool water chemical readings with a certified test kit and record
results in both manual log book and electronically in our database system.
o Manual and chemical controller reading of: Free, combined, and total
chlorine readings, pH readings. Manual reading only for Total Alkalinity.
o Overall circulation system flow rate before and after filter backwashing.
o Filter inlet and outlet pressures before and after filter backwashing
o Pool water temperature
o Autofill operation
o Pump strainer cleaning
o Chemical system controller review
o Test chemical system rotary safety flow switch
o Chemical injection system review for leaks and potential problems
o Logging all information
o Filter backwashing as pressures and flow dictates.
Check chemical vat levels;
o Help the City to pool chemicals under its existing PO or contracts (we can
only place the order we cannot guarantee delivery or supply).
Check chemical pumps.
o Verify settings
o Inspect the pumps and their operation.
o Adjust as needed to maintain pool water balance and clarity.
Check chemical injection lines for leaks.
o Inspect the tubing and its operation.
Check surge pit water level and clean out debris.
o Check the operation of the float controls, lubricating them monthly or
more as needed
o Visually inspecting the main drain modulating valves located in each
surge pit.
Check automatic make up water valve for proper operation.
o Inspect and operate.
Clean the hair and lint strainer.
o Clean out debris.
Check filter pressure readings.
o Backwash / Bump cycle as pressures and flow requires to maintain water
clarity.
o Check automation and record readings.
m Check and record flow readings.
Check recirculation piping and valves for leaks.
Check heater inlet and outlet temperatures.
Maintain the cleanliness of the pool equipment room — see monthly section below
Agreement No. 6775
Check in with staff at each visit. Provide a Los Angeles County required pool log
sheet as required by State code. We will instruct any district personnel when
assigned on how to fill this short form out as you progress in assigning or on -
boarding any personnel to work at the pool.
Month) / Quarter) :
Clean automatic controller sensing probes (as needed).
o Scrub with a mild detergent, rinse with water, shake down like a
thermometer, re -install.
o Wait until sensors have stabilized and standardize controller.
Clean chlorine injector.
o Remove injector fitting from pipe and remove scale.
o Reapply Teflon tape to fitting and reinstall in pipe.
Take Total Alkalinity, Calcium Hardness, and TDS reading.
o Record in both logs.
Clean the equipment area including wiping down the pool filters, chlorine and
acid tanks, sweeping the pump pit and the pool equipment area.
Wiseburn:
Pool Equipment room routine service only. Water chemistry checks, controller
adjustments, cleaning the strainers, cleaning chlorine injectors, etc. No semi or annual
services like heater cleanings, etc. No physical pool or deck maintenance.
Weekly / Monthly
0 3 times M-W-F per week service $ 1,050.00 / $4,490.00
0 5 times M-F per week service $1,550.00 / $6,690.00
a 6 times M-Sat per week service $1,775.00 / $7,690.00
**Please note that all the above pricing is relevant if we have direct access and / or 3 full
sets of keys checked out to us and unrestricted access to the pool equipment room and
deck and be able to park our work vehicles directly next to the pool equipment room /
pool area. Additional charges will apply if this access cannot be granted or our
technicians need to wait for access or are turned away.**
Additional / emergency services and costs only to be provided upon specific
request:
Service call hourly rates (prevailing wage and DIR certified). Over the past few years you
have not needed many of these but if you do for a fecal accident or other issues here is
the costing for your records.
o For additional "emergency" service visits M-F from 7 AM to 4 PM the cost
is a $250 for the first hour and $125.00 each '/z hour after that plus a $250
trip / service call fee.
o Additional "emergency" service stops outside the M-F 7 AM to 4PM time
are at a 1.5 multiplier for OT.
Agreement No. 6775
General Sea Clear technician and company licensing:
o All technicians have Los Angeles County Department of Health
Services (DOH) and CPO — Certified Pool Operator licenses.
o All technicians have extensive knowledge in the use and operation
of the automated chemical control system and high pressure and
volume chemical injection pumps in use at your pool.
o All technicians have extensive knowledge in the use and operation
of the Swimming pool heaters in use at your pool.
o All technicians have extensive training and operational experience
with the other commercial and up rated residential equipment in
use at your pool including the stark filters, the Paco circulation
pump, and the Danfoss / Pentair VFD.
o Sea -Clear Pools is a California State licensed and bonded C-53 &
D-35 swimming pool contractor.
o Two million aggregate insurance.
o All Technicians are full time Sea -Clear Pools employees and fully
covered by Workman's Compensation insurance.
o All Technicians drive Sea Clear owned and insured vehicles so are
covered by the same insurance limits.
o All Technicians are life scanned and passed these background
checks.
o All Technicians have ongoing safety training including CPR and first
aid. Four are certified divers and we will always require that at
least two technicians are on sight if one of them needs to enter the
water, one in the water and one observer.
o We are DIR registered and pay prevailing wage as required by
California state rules.
References (additional available upon request)
Golden West College:
(1) 50-meter main pool. (1) 25-yard warm up pool
am Serviced for over 12 years:
Contact: Danny Johnson 714- 425-9919 , jghn�nAgAc.cccd.edu
City of Torrance:
0 50-meter pool.
Serviced for over 20 years.
Contact: Kim Hubbard. 424-731-6842 KHU b rd�TorranceCA.
Placentia Yoruba Linda USD:
0 (3) 25-meter by 25-yard pools and (1) 50-meter pool
Serviced for over 15 years
Contact: Jim Pugh 714-833-7424 igugylus .org
Oxnard UHSD:
(3) 35-meter by 25-yard pools and (1) 50-meter pool
Serviced for over 10 years
Agreement No. 6775
Contact: Josh Brown 805-385-2518 i u.ylus .or
Las Virgenes USD:
(2) 25-yard by 15-yard pools and (2) 15-yard by 10-yard warm up pools
Serviced for less than 1 year. Helped them out like you as they needed
service right away and we did full service then trained their employees and
graduated down our service over 18 months
Contact: Julie Abbott 818-857-9735 p c tto IvLisd,olyg
Pasadena City College:
(1) 50-meter pool
Serviced for less than 2 years. Helped them out when an employee left
suddenly and they needed service promptly and we stepped in and
continue to help them.
Contact Richard Laret: 626-585-7023 claret asadena.edu
California and local code and law requirements:
The State of California requires that any public pool that is open for public
use needs to be checked every day it is open. Chlorine, pH, and
temperature need to be logged and recorded.
The County of Los Angeles requires that every public pool in the county
be overseen by a LA County Licensed Swimming pool technician - many
people confuse the CPO, Certified Pool operator, or AFO, Aquatic Facility
operator certifications with the LA County license, but they are separate
and CPO or AFO are not the same in the eyes of the county. (every
technician at Sea Clear has this license and all are current and in good
standing). This license is like a driver's license and issued to the
individual employee and not to the company they work for. Every
technician doing any checks or work on the pool or its systems needs to
have this license.
The State of California requires that any pool service company be a
licensed state contractor with either a C-53 or D-35 license (Sea Clear has
both).
As the City of El Segundo is a public entity, receiving public funds, means
that any work done needs to adhere to the Californian DIR, department of
industrial relations prevailing wage and certified payroll rules and the
company be registered with the DIR. Sea Clear Pools complies with all of
these and the prices quoted reflect this.
Thank you again for the opportunity to service your aquatic needs,
Bill Szieff
bszieff eaclar ools,com
Sea -Clear Pools
310-505-4343 cell
310-891-3073 office